2012 -- H 7323 SUBSTITUTE A

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LC01059/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR

THE FISCAL YEAR ENDING JUNE 30, 2013

     

     

     Introduced By: Representative Helio Melo

     Date Introduced: February 01, 2012

     Referred To: House Finance

It is enacted by the General Assembly as follows:

1-1

     ARTICLE 1 RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY

1-2

2013

1-3

     ARTICLE 2 RELATING TO BORROWING IN ANTICIPATION OF RECEIPTS

1-4

      FROM TAXES

1-5

     ARTICLE 3 RELATING TO ABUSED AND NEGLECTED CHILDREN

1-6

     ARTICLE 4 RELATING TO GOVERNMENT ORGANIZATION

1-7

     ARTICLE 5 RELATING TO CAPITAL DEVELOPMENT PROGRAM

1-8

     ARTICLE 6 RELATING TO BOND PREMIUMS

1-9

     ARTICLE 7 RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS

1-10

     ARTICLE 8 RELATING TO INFORMATION TECHNOLOGY INVESTMENT

1-11

FUND

1-12

     ARTICLE 9 RELATING TO DEPARTMENT OF HEALTH FEES

1-13

     ARTICLE 10 RELATING TO MAKING REVISED APPROPRIATIONS IN

1-14

SUPPORT OF FY 2012

1-15

     ARTICLE 11 RELATING TO MEDICAL ASSISTANCE RECOVERIES

1-16

     ARTICLE 12 RELATING TO EDUCATION AID

1-17

     ARTICLE 13 RELATING TO HISTORIC PRESERVATION TAX CREDIT TRUST

1-18

FUND

2-19

     ARTICLE 14 RELATING TO RESTRICTED RECEIPT ACCOUNTS

2-20

     ARTICLE 15 RELATING TO HOSPITAL UNCOMPENSATED CARE

2-21

     ARTICLE 16 RELATING TO MUNICIPALITIES

2-22

     ARTICLE 17 RELATING TO DEPARTMENT OF ENVIRONMENTAL

2-23

MANAGEMENT

2-24

     ARTICLE 18 RELATING TO OFFICE OF HEALTH AND HUMAN SERVICES

2-25

     ARTICLE 19 RELATING TO MEDICAID REFORM ACT OF 2008

2-26

     ARTICLE 20 RELATING TO EAST BAY BRIDGE SYSTEM

2-27

     ARTICLE 21 RELATING TO TAXATION AND REVENUES

2-28

     ARTICLE 22 RELATING TO CENTRAL FALLS

2-29

     ARTICLE 23 RELATING TO EFFECTIVE DATE

     

H7323A

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art.001/3/001/2/001/1

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1-1

ARTICLE 1

1-2

RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2013

1-3

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

1-4

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

1-5

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

1-6

2013. The amounts identified for federal funds and restricted receipts shall be made available

1-7

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

1-8

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

1-9

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

1-10

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

1-11

authenticated vouchers.

1-12

     Administration

1-13

     Central Management General Revenues 2,272,523

1-14

     Legal Services General Revenues 2,006,995

1-15

     Accounts and Control General Revenues 3,815,349

1-16

     Auditing General Revenues 1,200,000

1-17

     Office of Management and Budget

1-18

      General Revenues 3,004,055

1-19

      Restricted Receipts 411,460

1-20

      Total – Office of Management and Budget 3,415,515

1-21

     Purchasing

1-22

      General Revenues 2,741,468

1-23

      Federal Funds 69,888

1-24

      Other Funds 294,974

1-25

      Total – Purchasing 3,106,330

1-26

     Human Resources

1-27

      General Revenues 8,839,720

1-28

      Federal Funds 764,973

1-29

      Restricted Receipts 427,760

1-30

      Other Funds 1,359,348

2-31

      Total - Human Resources 11,391,801

2-32

     Personnel Appeal Board General Revenues 75,036

2-33

     Facilities Management

2-34

      General Revenues 32,593,888

2-35

      Federal Funds 1,049,144

2-36

      Restricted Receipts 598,202

2-37

      Other Funds 3,325,363

2-38

      Total – Facilities Management 37,566,597

2-39

     Capital Projects and Property Management

2-40

      General Revenues 3,040,310

2-41

      Restricted Receipts 1,313,144

2-42

      Total – Capital Projects and Property Management 4,353,454

2-43

     Information Technology

2-44

      General Revenues 20,215,153

2-45

      Federal Funds 5,760,616

2-46

      Restricted Receipts 3,789,803

2-47

      Other Funds 2,092,811

2-48

      Total – Information Technology 31,858,383

2-49

      Library and Information Services

2-50

      General Revenues 933,989

2-51

      Federal Funds 1,319,663

2-52

      Restricted Receipts 1,895

2-53

      Total - Library and Information Services 2,255,547

2-54

     Planning

2-55

      General Revenues 3,960,126

2-56

      Federal Funds 8,684,453

2-57

      Other Funds 4,836,966

2-58

      Total - Planning 17,481,545

2-59

     General

2-60

      General Revenues

2-61

      Economic Development Corporation 4,634,890

2-62

      EDC – Airport Impact Aid 1,025,000

2-63

     Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be

2-64

distributed to each airport serving more than 1,000,000 passengers based upon its percentage of

2-65

the total passengers served by all airports serving more than 1,000,000 passengers. Forty percent

3-1

(40%) of the first $1,000,000 shall be distributed based on the share of landings during the

3-2

calendar year 2012 at North Central Airport, Newport-Middletown Airport, Block Island Airport,

3-3

Quonset Airport, TF Green Airport, and Westerly Airport, respectively. The Economic

3-4

Development Corporation shall make an impact payment to the towns of cities in which the

3-5

airport is located based on this calculation.

3-6

     Each community upon which any parts of the above airports are located shall receive at

3-7

least $25,000.

3-8

     EDC – EPScore (Research Alliance) 1,150,000

3-9

     Miscellaneous Grants 146,049

3-10

     Slater Centers of Excellence 1,500,000

3-11

     Torts – Courts 400,000

3-12

     Current Care - Health Information Exchange 450,000

3-13

     I-195 Commission 3,900,000

3-14

     RI Film and Television Office 305,049

3-15

     Office of Digital Excellence 300,000

3-16

     State Employees/Teachers Retiree Health Subsidy 2,321,057

3-17

     Resource Sharing and State Library Aid 8,773,398

3-18

     Library Construction Aid 2,471,714

3-19

      Federal Funds 4,345,555

3-20

      Restricted Receipts 421,500

3-21

     Rhode Island Capital Plan Funds

3-22

      Statehouse Renovations 4,000,000

3-23

      Cranston Street Armory 800,000

3-24

      Cannon Building 220,000

3-25

      Zambarano Building Rehabilitation 1,200,000

3-26

      Pastore Medical Center Rehab DOA 1,600,000

3-27

      Old State House 500,000

3-28

      State Office Building 1,250,000

3-29

      Old Colony House 300,000

3-30

      William Powers Building 700,000

3-31

      Fire Code Compliance State Buildings 350,000

3-32

      Pastore Center Fire Code Compliance 1,100,000

3-33

      Pastore Center Utility Systems Upgrade 2,000,000

4-34

      Replacement of Fueling Tanks 300,000

4-35

      Environmental Compliance 200,000

4-36

      Big River Management Area 120,000

4-37

      Pastore Center Building Demolition 3,000,000

4-38

      Washington County Government Center 500,000

4-39

      Veterans Memorial Auditorium 4,000,000

4-40

      Chapin Health Laboratory 1,500,000

4-41

      Pastore Center Parking 1,000,000

4-42

      Pastore Center Water Tanks 500,000

4-43

      Board of Elections New Location 1,000,000

4-44

      Renovate Building #81 150,000

4-45

      Pastore Cottages Rehabilitation 100,000

4-46

      Health Lab Feasibility Study 175,000

4-47

      Ladd Center Building Demolition 300,000

4-48

      I-195 Commission 250,000

4-49

      Total – General 59,259,572

4-50

     Debt Service Payments

4-51

      General Revenues 160,359,567

4-52

      Federal Funds 2,759,328

4-53

      Restricted Receipts 4,454,480

4-54

      RIPTA Debt Service 1,680,844

4-55

      Transportation Debt Service 34,317,954

4-56

      Investment Receipts – Bond Funds 100,000

4-57

      COPS - DLT Building – TDI 278,848

4-58

      Total - Debt Service Payments 203,951,021

4-59

     Energy Resources

4-60

      Federal Funds 348,685

4-61

      Federal Funds – Stimulus 224,543

4-62

      Restricted Receipts 4,815,703

4-63

      Total – Energy Resources 5,388,931

4-64

     Supplemental Retirement Savings

4-65

General Revenues 629,747

4-66

      Federal Funds 251,899

4-67

      Restricted Receipts 52,479

5-68

      Other 115,454

5-69

      Total - Supplemental Retirement Savings 1,049,579

5-70

      Grand Total – Administration 390,448,178

5-71

     Business Regulation

5-72

     Central Management General Revenues 1,145,060

5-73

     Banking Regulation

5-74

      General Revenues 1,637,766

5-75

      Restricted Receipts 125,000

5-76

      Total - Banking Regulation 1,762,766

5-77

     Securities Regulation

5-78

      General Revenues 1,068,375

5-79

      Restricted Receipts 15,000

5-80

      Total - Securities Regulation 1,083,375

5-81

     Insurance Regulation

5-82

      General Revenues 3,916,525

5-83

      Restricted Receipts 1,284,868

5-84

      Total - Insurance Regulation 5,201,393

5-85

     Office of the Health Commissioner

5-86

      General Revenues 542,929

5-87

      Federal Funds 2,719,081

5-88

      Restricted Receipts 10,500

5-89

      Total – Office of the Health Commissioner 3,272,510

5-90

     Board of Accountancy General Revenues 82,483

5-91

     Commercial Licensing, Racing & Athletics

5-92

      General Revenues 719,111

5-93

      Restricted Receipts 460,812

5-94

      Total - Commercial Licensing, Racing & Athletics 1,179,923

5-95

     Board for Design Professionals General Revenues 249,799

5-96

      Grand Total - Business Regulation 13,977,309

5-97

     Labor and Training

5-98

     Central Management

5-99

      General Revenues 107,310

5-100

      Restricted Receipts 585,938

5-101

      Rhode Island Capital Plan Funds

6-102

      Center General Asset Protection 310,500

6-103

     Center General Roof 753,650

6-104

      Total - Central Management 1,757,398

6-105

     Workforce Development Services

6-106

      Federal Funds 24,182,172

6-107

      Restricted Receipts 6,954,831

6-108

      Total - Workforce Development Services 31,137,003

6-109

     Workforce Regulation and Safety General Revenues 2,994,552

6-110

     Income Support

6-111

      General Revenues 4,370,518

6-112

      Federal Funds 15,293,809

6-113

      Federal Funds – Stimulus - UI 72,268,000

6-114

      Restricted Receipts 1,403,715

6-115

      Job Development Fund 18,572,493

6-116

      Other Funds

6-117

      Temporary Disability Insurance Fund 181,947,650

6-118

      Employment Security Fund 322,696,493

6-119

      Total - Income Support 616,552,678

6-120

     Injured Workers Services Restricted Receipts 8,775,718

6-121

     Labor Relations Board General Revenues 386,790

6-122

      Grand Total - Labor and Training 661,604,139

6-123

     Department of Revenue

6-124

     Director of Revenue General Revenues 783,388

6-125

     Office of Revenue Analysis General Revenues 538,285

6-126

     Lottery Division Lottery Funds 232,744,968

6-127

     Municipal Finance

6-128

     General Revenues 2,564,780

6-129

     Central Falls Receivership 300,000

6-130

     Total – Municipal Finance 2,564,780

6-131

     Taxation

6-132

      General Revenues 17,904,225

6-133

      Federal Funds 1,326,098

6-134

      Restricted Receipts 872,995

6-135

      Other Funds

7-136

      Motor Fuel Tax Evasion 43,382

7-137

      Temporary Disability Insurance 975,730

7-138

      Total – Taxation 21,122,430

7-139

     Registry of Motor Vehicles

7-140

      General Revenues 18,475,667

7-141

      Federal Funds 1,124,611

7-142

      Restricted Receipts 14,763

7-143

      Rhode Island Capital Plan Funds

7-144

      Safety & Emissions Lift Replacement 100,000

7-145

      Total – Registry of Motor Vehicles 19,715,041

7-146

     State Aid

7-147

      General Revenue

7-148

     Distressed Communities Relief Fund 10,384,458

7-149

     Payment in Lieu of Tax Exempt Properties 33,080,409

7-150

     Motor Vehicle Excise Tax Payments 10,000,000

7-151

     Property Revaluation Program 1,611,032

7-152

      Restricted Receipts

7-153

     Car Rental Tax/Surcharge - Warwick Share 957,497

7-154

      Total – State Aid 56,033,396

7-155

      Grand Total – Revenue 333,502,288

7-156

     Legislature

7-157

      General Revenues 37,985,685

7-158

      Restricted Receipts 1,627,174

7-159

      Grand Total – Legislature 39,612,859

7-160

     Lieutenant Governor

7-161

      General Revenues 962,955

7-162

      Federal Funds 129,737

7-163

      Grand Total - Lieutenant Governor 1,092,692

7-164

     Secretary of State

7-165

     Administration General Revenues 1,907,105

7-166

     Corporations General Revenues 2,068,731

7-167

     State Archives

7-168

      General Revenues 79,385

7-169

      Restricted Receipts 505,069

8-170

      Total - State Archives 584,454

8-171

     Elections & Civics General Revenues 1,900,552

8-172

     State Library General Revenues 596,470

8-173

     Office of Public Information General Revenues 358,884

8-174

      Grand Total – Secretary of State 7,416,196

8-175

     General Treasurer

8-176

     Treasury

8-177

      General Revenues 2,096,374

8-178

      Federal Funds 316,169

8-179

      Other Funds

8-180

      Temporary Disability Insurance Fund 251,512

8-181

      Total – Treasury 2,664,055

8-182

     State Retirement System

8-183

      General Revenues 311,760

8-184

     Restricted Receipts

8-185

      Admin Expenses - State Retirement System 10,584,330

8-186

      Retirement - Treasury Investment Operations 1,127,961

8-187

     

8-188

      Total - State Retirement System 12,024,051

8-189

     Unclaimed Property Restricted Receipts 20,733,930

8-190

     Crime Victim Compensation Program

8-191

      General Revenues 133,981

8-192

      Federal Funds 843,543

8-193

      Restricted Receipts 1,172,000

8-194

      Total - Crime Victim Compensation Program 2,149,524

8-195

      Grand Total – General Treasurer 37,571,560

8-196

     Board of Elections General Revenues 1,952,116

8-197

     Rhode Island Ethics Commission General Revenues 1,557,881

8-198

     Office of Governor

8-199

      General Revenues 4,168,290

8-200

      Contingency Fund 250,000

8-201

      Federal Funds 22,163,245

8-202

      Grand Total – Office of Governor 26,581,535

8-203

     Commission for Human Rights

9-204

      General Revenues 1,137,768

9-205

      Federal Funds 325,992

9-206

      Grand Total - Commission for Human Rights 1,463,760

9-207

     Public Utilities Commission

9-208

      Federal Funds 110,213

9-209

      Federal Funds – Stimulus 211,582

9-210

      Restricted Receipts 7,924,913

9-211

      Grand Total - Public Utilities Commission 8,246,708

9-212

     Office of Health and Human Services

9-213

     Central Management

9-214

      General Revenues 25,434,668

9-215

      Federal Funds 74,974,313

9-216

      Federal Funds – Stimulus 312,000

9-217

      Restricted Receipts 957,586

9-218

      Total – Central Management 101,678,567

9-219

     Medical Assistance

9-220

      General Revenues

9-221

      Managed Care 283,387,147

9-222

      Hospitals 107,337,545

9-223

      Nursing Facilities 173,959,640

9-224

      Home and Community Based Services 35,953,320

9-225

      Other Services 43,765,745

9-226

      Pharmacy 52,354,074

9-227

      Rhody Health 102,873,564

9-228

      Federal Funds

9-229

      Managed Care 312,336,604

9-230

      Hospitals 115,542,929

9-231

      Nursing Facilities 184,540,360

9-232

      Home and Community Based Services 38,146,680

9-233

      Other Services 62,494,368

9-234

      Pharmacy 1,290,105

9-235

      Rhody Health 106,846,436

9-236

      Special Education 18,350,000

9-237

      Restricted Receipts 11,515,000

10-238

      Total – Medical Assistance 1,650,693,517

10-239

      Grand Total – Health and Human Services 1,752,372,084

10-240

     Children, Youth, and Families

10-241

     Central Management

10-242

      General Revenues 4,674,549

10-243

      Federal Funds 2,351,311

10-244

      Restricted Receipts 204,094

10-245

      Total - Central Management 7,229,954

10-246

     Children's Behavioral Health Services

10-247

      General Revenues 10,077,912

10-248

      Federal Funds 7,524,753

10-249

      Rhode Island Capital Plan Funds

10-250

      NAFI Center 500,000

10-251

      Mt. Hope Building Facade 275,000

10-252

     Mt. Hope Feasibility Study 50,000

10-253

     Various Repairs and Improvements 195,000

10-254

      Total - Children's Behavioral Health Services 18,897,665

10-255

     Juvenile Correctional Services

10-256

      General Revenues 30,203,577

10-257

      Federal Funds 1,250,209

10-258

      Federal Funds – Stimulus 21,914

10-259

      Rhode Island Capital Plan Funds

10-260

      Thomas C. Slater Training School Maintenance Building 535,000

10-261

      Generators – Thomas C. Slater Training School 441,000

10-262

      Total - Juvenile Correctional Services 32,451,700

10-263

     Child Welfare

10-264

      General Revenues 96,804,235

10-265

      18 to 21 Year Olds 10,630,227

10-266

      Federal Funds 44,794,120

10-267

      18 to 21 Year Olds 2,497,984

10-268

      Restricted Receipts 2,621,159

10-269

      Rhode Island Capital Plan Funds

10-270

      Fire Code Upgrades 500,000

10-271

      Total - Child Welfare 157,847,725

11-272

     Higher Education Incentive Grants General Revenues 200,000

11-273

      Grand Total - Children, Youth, and Families 216,627,044

11-274

     Health

11-275

     Central Management

11-276

      General Revenues 1,173,946

11-277

      Federal Funds 8,355,078

11-278

      Restricted Receipts 3,585,881

11-279

      Total - Central Management 13,114,905

11-280

     State Medical Examiner

11-281

      General Revenues 2,259,943

11-282

      Federal Funds 204,371

11-283

      Total - State Medical Examiner 2,464,314

11-284

     Environmental and Health Services Regulation

11-285

      General Revenues 9,145,421

11-286

      Federal Funds 5,645,960

11-287

      Restricted Receipts 4,422,838

11-288

      Total - Environmental and Health Services Regulation 19,214,219

11-289

     Health Laboratories

11-290

      General Revenues 6,300,363

11-291

      Federal Funds 1,614,851

11-292

      Federal Funds - Stimulus 190,052

11-293

      Total - Health Laboratories 8,105,266

11-294

     Public Health Information

11-295

      General Revenues 1,741,431

11-296

      Federal Funds 735,572

11-297

      Federal Funds - Stimulus 373,442

11-298

      Total – Public Health Information 2,850,445

11-299

     Community and Family Health and Equity

11-300

      General Revenues 2,418,974

11-301

      Federal Funds 43,485,586

11-302

      Federal Funds - Stimulus 1,098,622

11-303

      Restricted Receipts 21,503,877

11-304

      Other Funds

11-305

      Safe and Active Commuting 172,000

12-306

      Total – Community and Family Health and Equity 68,679,059

12-307

     Infectious Disease and Epidemiology

12-308

      General Revenues 1,781,758

12-309

      Federal Funds 3,275,445

12-310

      Federal Funds – Stimulus 36,672

12-311

      Total – Infectious Disease and Epidemiology 5,093,875

12-312

      Grand Total – Health 119,522,083

12-313

     Human Services

12-314

     Central Management

12-315

      General Revenues 5,107,469

12-316

      Federal Funds 5,317,610

12-317

      Restricted Receipts 519,347

12-318

      Total - Central Management 10,944,426

12-319

     Child Support Enforcement

12-320

      General Revenues 2,305,759

12-321

      Federal Funds 6,033,709

12-322

      Total – Child Support Enforcement 8,339,468

12-323

     Individual and Family Support

12-324

      General Revenues 20,616,357

12-325

      Federal Funds 106,054,903

12-326

Federal Funds – Stimulus 7,066,062

12-327

      Restricted Receipts 6,680,000

12-328

      Rhode Island Capital Plan Fund

12-329

      Blind Vending Facilities 165,000

12-330

      Intermodal Surface Transportation Fund 4,224,184

12-331

      Total - Individual and Family Support 144,806,506

12-332

     Veterans' Affairs

12-333

      General Revenues 19,568,977

12-334

      Federal Funds 8,240,954

12-335

      Restricted Receipts 1,077,762

12-336

      Total - Veterans' Affairs 28,887,693

12-337

     Health Care Quality, Financing and Purchasing

12-338

      General Revenues 8,314,370

12-339

      Federal Funds 9,523,746

13-340

      Total - Health Care Quality, Financing & Purchasing 17,838,116

13-341

     Supplemental Security Income Program General Revenues 18,240,600

13-342

     Rhode Island Works

13-343

      General Revenues Child Care 9,668,635

13-344

      Federal Funds 80,198,485

13-345

      Total – Rhode Island Works 89,867,120

13-346

     State Funded Programs

13-347

      General Revenues

13-348

      General Public Assistance 2,572,658

13-349

      Of this appropriation, $210,000 shall be used for hardship contingency payments.

13-350

      Federal Funds 299,134,564

13-351

      Total - State Funded Programs 301,707,222

13-352

     Elderly Affairs

13-353

      General Revenues 10,701,228

13-354

      Care and Safety of the Elderly 1,287

13-355

      Federal Funds 18,161,725

13-356

      Restricted Receipts 833,994

13-357

      Total – Elderly Affairs 29,698,234

13-358

      Grand Total - Human Services 650,329,385

13-359

     Behavioral Health, Developmental Disabilities, and Hospitals

13-360

     Central Management

13-361

      General Revenues 797,214

13-362

      Federal Funds 361,940

13-363

      Total - Central Management 1,159,154

13-364

     Hospital and Community System Support

13-365

      General Revenues 2,527,114

13-366

      Restricted Receipts 505,624

13-367

      Rhode Island Capital Plan Funds

13-368

      Medical Center Rehabilitation 1,000,000

13-369

      Community Facilities Fire Code 750,000

13-370

      Total - Hospital and Community System Support 4,782,738

13-371

     Services for the Developmentally Disabled

13-372

      General Revenues 105,259,461

13-373

      Federal Funds 114,862,371

14-374

      Restricted Receipts 1,776,017

14-375

      Rhode Island Capital Plan Funds

14-376

      DD Private Waiver 761,351

14-377

      Regional Center Repair/Rehabilitation 750,000

14-378

      MR Community Facilities/Access to Independence 1,000,000

14-379

      Total - Services for the Developmentally Disabled 224,409,200

14-380

     Behavioral Healthcare Services

14-381

      General Revenues 34,859,214

14-382

      Federal Funds 74,430,048

14-383

      Federal Funds – Stimulus 35,000

14-384

      Restricted Receipts 125,000

14-385

      Rhode Island Capital Plan Funds

14-386

      MH Community Facilities Repair 300,000

14-387

      MH Housing Development-Thresholds 800,000

14-388

      MH Residence Furniture 32,000

14-389

      Substance Abuse Asset Production 300,000

14-390

      Total – Behavioral Healthcare Services 110,881,262

14-391

     Hospital and Community Rehabilitative Services

14-392

      General Revenues 49,694,992

14-393

      Federal Funds 44,436,605

14-394

      Restricted Receipts 4,782,193

14-395

      Rhode Island Capital Plan Funds

14-396

      Zambarano Buildings and Utilities 225,000

14-397

      Hospital Consolidation 2,000,000

14-398

      BHDDH Administrative Buildings 2,000,000

14-399

      MR Community Facilities 1,300,000

14-400

      Total - Hospital and Community Rehabilitative Services 104,438,790

14-401

      Grand Total – Behavioral Health, Developmental Disabilities,

14-402

     & Hospitals 445,671,144

14-403

     Office of the Child Advocate

14-404

      General Revenues 611,469

14-405

      Federal Funds 46,103

14-406

      Grand Total – Office of the Child Advocate 657,572

14-407

     Commission on the Deaf and Hard of Hearing General Revenues 390,251

15-408

     Governor's Commission on Disabilities

15-409

      General Revenues 371,096

15-410

      Federal Funds 120,649

15-411

      Restricted Receipts 9,694

15-412

      Rhode Island Capital Plan Funds

15-413

      Facility Renovation – Handicapped Access 250,000

15-414

      Grand Total - Governor's Commission on Disabilities 751,439

15-415

     Office of the Mental Health Advocate General Revenues 447,119

15-416

     Elementary and Secondary Education

15-417

     Administration of the Comprehensive Education Strategy

15-418

      General Revenues 18,781,137

15-419

      Federal Funds 190,397,563

15-420

      Federal Funds – Stimulus 20,796,439

15-421

      Education Jobs Fund 2,390,623

15-422

      RTTT LEA Share 15,534,615

15-423

      Restricted Receipts 1,305,190

15-424

      HRIC Adult Education Grants 3,500,000

15-425

      Statewide Transportation – RIPTA Grant 47,000

15-426

      Rhode Island Capital Plan Funds

15-427

      Cranston Career and Technical 350,000

15-428

      Newport Career and Technical 256,638

15-429

      Warwick Career and Technical 230,000

15-430

      Woonsocket Career and Technical 275,000

15-431

      Total – Administration of the Comprehensive Education Strategy 253,864,205

15-432

     Davies Career and Technical School

15-433

      General Revenues 13,381,539

15-434

      Federal Funds 1,304,633

15-435

      Federal Funds – Stimulus 65,636

15-436

      Restricted Receipts 1,785,901

15-437

      Rhode Island Capital Plan Funds

15-438

      Davies HVAC 250,628

15-439

      Davies Asset Protection 425,000

15-440

      Total - Davies Career and Technical School 17,213,337

15-441

     RI School for the Deaf

16-442

      General Revenues 6,244,881

16-443

      Federal Funds 266,503

16-444

      Federal Funds – Stimulus – Medicaid 4,194

16-445

      Restricted Receipts 482,261

16-446

      Total - RI School for the Deaf 6,997,839

16-447

     Metropolitan Career and Technical School

16-448

      General Revenues 11,648,256

16-449

      Rhode Island Capital Plan Funds

16-450

      MET School East Bay 3,600,000

16-451

      MET School HVAC 833,333

16-452

      Total – Metropolitan Career and Technical School 16,081,589

16-453

     Education Aid

16-454

      General Revenues 691,078,185

16-455

      Restricted Receipts 18,570,516

16-456

      Permanent School Fund – Education Aid 183,624

16-457

      Total – Education Aid 709,832,325

16-458

     Central Falls School District General Revenues 39,705,879

16-459

     Housing Aid General Revenues 74,568,906

16-460

     Teachers' Retirement General Revenues 79,768,447

16-461

      Grand Total - Elementary and Secondary Education 1,198,032,527

16-462

     Public Higher Education

16-463

     Board of Governors/Office of Higher Education

16-464

      General Revenues 5,769,967

16-465

      Federal Funds 4,852,615

16-466

      Total - Board of Governors/Office of Higher Education 10,622,582

16-467

     University of Rhode Island

16-468

      General Revenues 58,133,747

16-469

      State Crime Lab 858,820

16-470

      Debt Service 19,160,529

16-471

      University and College Funds 603,410,734

16-472

      Debt – Dining Services 1,140,806

16-473

      Debt – Education and General 3,273,434

16-474

      Debt – Health Services 149,892

16-475

      Debt – Housing Loan Funds 11,155,852

17-476

      Debt – Memorial Union 121,514

17-477

      Debt – Ryan Center 2,801,358

17-478

      Debt – Alton Jones Services 114,650

17-479

      Debt - Parking Authority 1,017,799

17-480

      Debt – Sponsored Research 99,667

17-481

      Debt – URI Energy Conservation 2,283,588

17-482

      Rhode Island Capital Plan Funds

17-483

      Asset Protection 7,200,000

17-484

      New Chemistry Building 1,000,000

17-485

      Total – University of Rhode Island 711,922,390

17-486

     Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or

17-487

unencumbered balances as of June 30, 2013 relating to the University of Rhode Island are hereby

17-488

reappropriated to fiscal year 2014.

17-489

     Rhode Island College

17-490

      General Revenues 38,609,975

17-491

      Debt Service 3,049,029

17-492

      University and College Funds 113,236,144

17-493

      Debt – Education and General 892,644

17-494

      Debt – Housing 2,042,304

17-495

      Debt – Student Center and Dining 172,392

17-496

      Debt – Student Union 232,944

17-497

      Debt – G.O. Debt Service 1,630,317

17-498

      Rhode Island Capital Plan Funds

17-499

      Asset Protection 3,075,000

17-500

      Infrastructure Modernization 1,000,000

17-501

      Total – Rhode Island College 163,940,749

17-502

     Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or

17-503

unencumbered balances as of June 30, 2013 relating to Rhode Island College are hereby

17-504

reappropriated to fiscal year 2014.

17-505

     Community College of Rhode Island

17-506

      General Revenues 44,318,962

17-507

      Debt Service 2,464,156

17-508

      Restricted Receipts 702,583

17-509

      University and College Funds 94,726,694

18-510

      Debt – Bookstore 29,193

18-511

      CCRI Debt Service – Energy Conservation 808,025

18-512

      Rhode Island Capital Plan Funds

18-513

      Asset Protection 2,050,000

18-514

      Total – Community College of RI 145,099,613

18-515

     Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or

18-516

unencumbered balances as of June 30, 2013 relating to the Community College of Rhode Island

18-517

are hereby reappropriated to fiscal year 2014.

18-518

      Grand Total – Public Higher Education 1,031,585,334

18-519

     RI State Council on the Arts

18-520

      General Revenues

18-521

      Operating Support 404,156

18-522

      Grants 915,248

18-523

      Federal Funds 998,794

18-524

      Arts for Public Facilities 843,500

18-525

      Grand Total - RI State Council on the Arts 3,161,698

18-526

     RI Atomic Energy Commission

18-527

      General Revenues 876,213

18-528

      Federal Funds 267,616

18-529

      URI Sponsored Research 283,122

18-530

      Rhode Island Capital Plan Funds

18-531

      RINSC Asset Protection 50,000

18-532

      Grand Total - RI Atomic Energy Commission 1,476,951

18-533

     RI Higher Education Assistance Authority

18-534

      General Revenues

18-535

      Needs Based Grants and Work Opportunities 5,161,003

18-536

      Authority Operations and Other Grants 456,061

18-537

      Federal Funds 13,346,283

18-538

      Tuition Savings Program - Need Based Grants and Work Opportunities 8,000,000

18-539

      Tuition Savings Program - Administration 758,802

18-540

      Grand Total - RI Higher Education Assistance Authority 27,722,149

18-541

     RI Historical Preservation and Heritage Commission

18-542

      General Revenues 1,378,153

18-543

      Federal Funds 836,139

19-544

      Restricted Receipts 456,037

19-545

      Rhode Island Capital Funds

19-546

      Eisenhower House Asset Protection 75,000

19-547

      Grand Total – RI Historical Preservation and Heritage Commission 2,745,329

19-548

     RI Public Telecommunications Authority

19-549

      General Revenues 799,077

19-550

      Corporation for Public Broadcasting 701,895

19-551

      Grand Total – RI Public Telecommunications Authority 1,500,972

19-552

     Attorney General

19-553

     Criminal

19-554

      General Revenues 14,269,909

19-555

      Federal Funds 1,458,574

19-556

      Restricted Receipts 367,509

19-557

      Total – Criminal 16,095,992

19-558

     Civil

19-559

      General Revenues 4,888,477

19-560

      Restricted Receipts 4,795,001

19-561

      Total – Civil 9,683,478

19-562

     Bureau of Criminal Identification

19-563

      General Revenues 1,209,375

19-564

      Federal Funds 25,030

19-565

      Total - Bureau of Criminal Identification 1,234,405

19-566

     General

19-567

      General Revenues 2,708,563

19-568

      Rhode Island Capital Plan Funds

19-569

      Building Renovations and Repairs 287,500

19-570

      Total – General 2,996,063

19-571

      Grand Total - Attorney General 30,009,938

19-572

     Corrections

19-573

     Central Management

19-574

      General Revenues 9,261,703

19-575

      Federal Funds 22,246

19-576

      Total – Central Management 9,283,949

19-577

     Parole Board

20-578

      General Revenues 1,331,469

20-579

      Federal Funds 36,850

20-580

      Total - Parole Board 1,368,319

20-581

     Custody and Security

20-582

      General Revenues 115,077,455

20-583

      Federal Funds 700,125

20-584

      Restricted Receipts 29,758

20-585

      Total – Custody and Security 115,807,338

20-586

     Institutional Support

20-587

      General Revenues 15,735,909

20-588

      RICAP – Asset Protection 4,000,000

20-589

      RICAP – Maximum – General Renovations 1,100,000

20-590

      RICAP – General Renovations Women’s 1,850,000

20-591

      RICAP – Bernadette Guay Roof 600,000

20-592

      RICAP – Women’s Bath Renovations 1,235,000

20-593

      RICAP – ISC Exterior Envelope and HVAC 1,400,000

20-594

      RICAP – Minimum Security Kitchen Expansion 214,600

20-595

      RICAP – Medium Infrastructure 1,000,000

20-596

      Total – Institutional Support 27,135,509

20-597

     Institutional Based Rehab./Population Management

20-598

      General Revenues 8,878,408

20-599

      Federal Funds 968,461

20-600

      Federal Funds – Stimulus 114,818

20-601

      Total – Institutional Based Rehab/Population Management 9,961,687

20-602

     Healthcare Services General Revenues 18,476,246

20-603

     Community Corrections

20-604

      General Revenues 14,532,087

20-605

      Federal Funds 153,088

20-606

      Restricted Receipts 31,639

20-607

      Total – Community Corrections 14,716,814

20-608

      Grand Total – Corrections 196,749,862

20-609

     Judiciary

20-610

     Supreme Court

20-611

      General Revenues 25,969,098

21-612

      Defense of Indigents 3,562,240

21-613

      Federal Funds 220,021

21-614

      Restricted Receipts 1,417,495

21-615

      Rhode Island Capital Plan Funds

21-616

      Judicial HVAC 550,000

21-617

      Judicial Complexes Asset Protection 625,000

21-618

      Licht Judicial Complex Restoration 500,000

21-619

      Total - Supreme Court 32,843,854

21-620

     Judicial Tenure and Discipline General Revenues 113,609

21-621

     Superior Court

21-622

      General Revenues 21,932,328

21-623

      Federal Funds 175,025

21-624

      Restricted Receipts 508,174

21-625

      Total - Superior Court 22,615,527

21-626

     Family Court

21-627

      General Revenues 18,044,955

21-628

      Federal Funds 2,156,933

21-629

      Restricted Receipts 704,529

21-630

      Total - Family Court 20,906,417

21-631

     District Court

21-632

      General Revenues 11,435,878

21-633

      Federal Funds 130,128

21-634

      Restricted Receipts 285,916

21-635

      Total - District Court 11,851,922

21-636

     Traffic Tribunal General Revenues 8,191,888

21-637

     Workers' Compensation Court Restricted Receipts 7,725,081

21-638

      Grand Total – Judiciary 104,248,298

21-639

     Military Staff

21-640

     National Guard

21-641

      General Revenues 1,516,835

21-642

      Federal Funds 12,107,308

21-643

      Restricted Receipts 300,000

21-644

      Rhode Island Capital Plan Funds

21-645

      Armory of Mounted Command Roof Replacement 2,400,000

22-646

      State Armories Fire Code Compliance 20,250

22-647

      Federal Armories Fire Code Compliance 20,250

22-648

      Asset Protection 650,000

22-649

      Logistics/Maintenance Facilities Fire Code Comp. 12,500

22-650

      Command Readiness Center Addition 850,000

22-651

      Burrillville Regional Training Institute 125,000

22-652

      Camp Fogarty Armory Roof 375,000

22-653

     Emergency Management Agency Building 125,000

22-654

      Total - National Guard 18,502,143

22-655

     Emergency Management

22-656

      General Revenues 2,031,940

22-657

      Federal Funds 21,734,766

22-658

      Restricted Receipts 181,278

22-659

      Total - Emergency Management 23,947,984

22-660

      Grand Total - Military Staff 42,450,127

22-661

     Public Safety

22-662

     Central Management

22-663

      General Revenues 1,172,630

22-664

      Federal Funds 4,073,486

22-665

      Federal Funds – Stimulus 250,174

22-666

      Restricted Receipts 850

22-667

      Total – Central Management 5,497,140

22-668

     E-911 Emergency Telephone System General Revenues 5,262,243

22-669

     State Fire Marshal

22-670

      General Revenues 2,684,019

22-671

      Federal Funds 102,717

22-672

      Restricted Receipts 286,698

22-673

      Rhode Island Capital Plan Funds

22-674

      Fire Academy 1,500,000

22-675

      Quonset Development Corp 53,458

22-676

      Total - State Fire Marshal 4,626,892

22-677

     Security Services General Revenues 21,485,773

22-678

     Municipal Police Training Academy

22-679

      General Revenues 356,811

23-680

      Federal Funds 214,167

23-681

      Total - Municipal Police Training Academy 570,978

23-682

     State Police

23-683

      General Revenues 63,828,563

23-684

      Federal Funds 1,983,721

23-685

      Federal Funds – Stimulus 315,886

23-686

      Restricted Receipts 12,400,000

23-687

      Rhode Island Capital Plan Funds

23-688

      Barracks and Training 1,785,000

23-689

      Headquarters Repairs/Rehabilitation 100,000

23-690

      HQ Expansion 500,000

23-691

     State Microwave Upgrade 500,000

23-692

     Traffic Enforcement - Municipal Training 130,150

23-693

      Lottery Commission Assistance 217,861

23-694

      Airport Corporation 217,861

23-695

      Road Construction Reimbursement 3,078,000

23-696

      Total - State Police 85,057,042

23-697

      Grand Total – Public Safety 122,500,068

23-698

     Office of Public Defender

23-699

      General Revenues 10,791,226

23-700

      Federal Funds 421,898

23-701

      Grand Total - Office of Public Defender 11,213,124

23-702

     Environmental Management

23-703

     Office of the Director

23-704

      General Revenues 4,599,480

23-705

      Federal Funds 493,000

23-706

      Restricted Receipts 2,942,066

23-707

      Total – Office of the Director 8,034,546

23-708

     Natural Resources

23-709

      General Revenues 18,222,547

23-710

      Federal Funds 22,593,023

23-711

      Restricted Receipts 3,591,941

23-712

      Other Funds

23-713

      DOT Recreational Projects 26,417

24-714

      Blackstone Bikepath Design 1,069,133

24-715

      Transportation MOU 78,579

24-716

      Rhode Island Capital Plan Funds

24-717

      Dam Repair 1,000,000

24-718

      Recreational Facilities Improvements 1,590,000

24-719

      Fort Adams Rehabilitation 500,000

24-720

      Fort Adams America’s Cup 3,108,704

24-721

      Galilee Piers Upgrade 1,990,000

24-722

      Newport Piers 75,000

24-723

      Blackstone Valley Bike Path 500,000

24-724

      World War II Facility 2,200,000

24-725

      Total - Natural Resources 56,545,344

24-726

     Environmental Protection

24-727

      General Revenues 11,556,487

24-728

      Federal Funds 11,911,528

24-729

      Restricted Receipts 7,775,935

24-730

      Transportation MOU 85,885

24-731

      Retrofit Heavy-Duty Diesel Vehicles 2,760,000

24-732

      Total - Environmental Protection 34,089,835

24-733

      Grand Total - Environmental Management 98,669,725

24-734

     Coastal Resources Management Council

24-735

      General Revenues 2,264,841

24-736

      Federal Funds 1,677,977

24-737

      Restricted Receipts 250,000

24-738

      Rhode Island Capital Plan Funds

24-739

      South Coast Restoration Project 850,000

24-740

      Secure Facility Area 50,000

24-741

      Grand Total - Coastal Resources Mgmt. Council 5,092,818

24-742

     Transportation

24-743

     Central Management

24-744

      Federal Funds 10,515,473

24-745

      Other Funds

24-746

      Gasoline Tax 1,353,338

24-747

      Total - Central Management 11,868,811

25-748

     Management and Budget

25-749

      Other Funds

25-750

      Gasoline Tax 1,937,648

25-751

      Total - Management and Budget 1,937,648

25-752

     Infrastructure Engineering- GARVEE/Motor Fuel Tax Bonds

25-753

      Federal Funds 342,944,533

25-754

      Federal Funds – Stimulus 8,880,580

25-755

      Restricted Receipts 998,758

25-756

      Other Funds

25-757

      Gasoline Tax 54,201,232

25-758

      Motor Fuel Tax Residuals 4,076,029

25-759

      Land Sale Revenue 22,354,473

25-760

      Rhode Island Capital Funds

25-761

      RIPTA Land and Buildings 70,000

25-762

     Highway Projects Match Plan 20,000,000

25-763

      Total - Infrastructure Engineering – GARVEE 453,525,605

25-764

     Infrastructure Maintenance

25-765

      Gasoline Tax 39,566,987

25-766

      Non-Land Surplus Property 10,000

25-767

      Outdoor Advertising 100,000

25-768

      Rhode Island Capital Plan Funds

25-769

      Cherry Hill/Lincoln Facility 777,050

25-770

      Maintenance Facilities Improvements 400,000

25-771

      Portsmouth Facility 1,435,000

25-772

      Salt Storage Facilities 2,000,000

25-773

      Total - Infrastructure Maintenance 44,289,037

25-774

      Grand Total – Transportation 511,621,101

25-775

     Statewide Totals

25-776

      General Revenues 3,295,786,828

25-777

      Federal Funds 2,676,350,399

25-778

      Restricted Receipts 232,511,115

25-779

      Other Funds 1,895,158,380

25-780

      Statewide Grand Total 8,099,806,722

25-781

     SECTION 2. Each line appearing in Section 1 of this Article shall constitute an

25-782

appropriation.

26-1

     SECTION 3. Upon the transfer of any function of a department or agency to another

26-2

department or agency, the Governor is hereby authorized by means of executive order to transfer

26-3

or reallocate, in whole or in part, the appropriations and the full-time equivalent limits affected

26-4

thereby.

26-5

     SECTION 4. From the appropriation for contingency shall be paid such sums as may be

26-6

required at the discretion of the Governor to fund expenditures for which appropriations may not

26-7

exist. Such contingency funds may also be used for expenditures in the several departments and

26-8

agencies where appropriations are insufficient, or where such requirements are due to unforeseen

26-9

conditions or are non-recurring items of an unusual nature. Said appropriations may also be used

26-10

for the payment of bills incurred due to emergencies or to any offense against public peace and

26-11

property, in accordance with the provisions of Titles 11 and 45 of the General Laws of 1956, as

26-12

amended. All expenditures and transfers from this account shall be approved by the Governor.

26-13

     SECTION 5. The general assembly authorizes the state controller to establish the internal

26-14

service accounts shown below, and no other, to finance and account for the operations of state

26-15

agencies that provide services to other agencies, institutions and other governmental units on a

26-16

cost reimbursed basis. The purpose of these accounts is to ensure that certain activities are

26-17

managed in a businesslike manner, promote efficient use of services by making agencies pay the

26-18

full costs associated with providing the services, and allocate the costs of central administrative

26-19

services across all fund types, so that federal and other non-general fund programs share in the

26-20

costs of general government support. The controller is authorized to reimburse these accounts for

26-21

the cost of work or services performed for any other department or agency subject to the

26-22

following expenditure limitations:

26-23

     Account Expenditure Limit

26-24

     State Assessed Fringe Benefit Internal Service Fund 32,106,713

26-25

     Administration Central Utilities Internal Service Fund 20,227,492

26-26

     State Central Mail Internal Service Fund 5,613,323

26-27

     State Telecommunications Internal Service Fund 2,881,461

26-28

     State Automotive Fleet - Internal Service Fund 13,953,031

26-29

     Capital Police Internal Service Fund 828,732

26-30

     Surplus Property Internal Service Fund 2,500

26-31

     Health Insurance Internal Service Fund 304,145,139

26-32

     Health Insurance - State Police Internal Service Fund 2,123,495

26-33

     Central Distribution Center Internal Service Fund 7,434,689

27-34

     Correctional Industries Internal Service Fund 7,353,215

27-35

     Secretary of State Record Center Internal Service Fund 897,072

27-36

     SECTION 6. The General Assembly may provide a written "statement of legislative

27-37

intent" signed by the chairperson of the House Finance Committee and by the chairperson of the

27-38

Senate Finance Committee to show the intended purpose of the appropriations contained in

27-39

Section 1 of this Article. The statement of legislative intent shall be kept on file in the House

27-40

Finance Committee and in the Senate Finance Committee.

27-41

     At least twenty (20) days prior to the issuance of a grant or the release of funds, which

27-42

grant or funds are listed on the legislative letter of intent, all department, agency and corporation

27-43

directors, shall notify in writing the chairperson of the House Finance Committee and the

27-44

chairperson of the Senate Finance Committee of the approximate date when the funds are to be

27-45

released or granted.

27-46

     SECTION 7. Appropriation of Temporary Disability Insurance Funds -- There is hereby

27-47

appropriated pursuant to sections 28-39-5 and 28-39-8 of the Rhode Island General Laws all

27-48

funds required to be disbursed for the benefit payments from the Temporary Disability Insurance

27-49

Fund and Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 2013.

27-50

     SECTION 8. Appropriation of Employment Security Funds -- There is hereby

27-51

appropriated pursuant to section 28-42-19 of the Rhode Island General Laws all funds required to

27-52

be disbursed for benefit payments from the Employment Security Fund for the fiscal year ending

27-53

June 30, 2013.

27-54

     SECTION 9. Appropriation of Lottery Division Funds -- There is hereby appropriated to

27-55

the Lottery Division any funds required to be disbursed by the Lottery Division for the purposes

27-56

of paying commissions or transfers to the prize fund for the fiscal year ending June 30, 2013.

27-57

     SECTION 10. Departments and agencies listed below may not exceed the number of full-

27-58

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

27-59

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

27-60

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

27-61

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

27-62

individuals engaged in training, the completion of which is a prerequisite of employment.

27-63

Provided, however, that the Governor or designee, Speaker of the House of Representatives or

27-64

designee, and the President of the Senate or designee may authorize an adjustment to any

27-65

limitation. Prior to the authorization, the State Budget Officer shall make a detailed written

27-66

recommendation to the Governor, the Speaker of the House, and the President of the Senate. A

27-67

copy of the recommendation and authorization to adjust shall be transmitted to the chairpersons

27-68

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

28-1

Senate Fiscal Advisor.

28-2

     No agency or department may employ contracted employees or employee services where

28-3

contract employees would work under state employee supervisors without determination of need

28-4

by the Director of Administration acting upon positive recommendations of the Budget Officer

28-5

and the Personnel Administrator and 15 days after a public hearing.

28-6

     Nor may any agency or department contract for services replacing work done by state

28-7

employees at that time without determination of need by the Director of Administration acting

28-8

upon the positive recommendations of the Budget Officer and the Personnel Administrator and 30

28-9

days after a public hearing.

28-10

     State employees whose funding is from non-state general revenue funds that are time

28-11

limited shall receive limited term appointment with the term limited to the availability of non-

28-12

state general revenue funding source.

28-13

     FY 2013 FTE POSITION AUTHORIZATION

28-14

     Departments and Agencies Full-Time Equivalent

28-15

     Administration 687.2

28-16

     Business Regulation 94.0

28-17

     Labor and Training 462.5

28-18

     Revenue 458.0

28-19

     Legislature 298.5

28-20

     Office of the Lieutenant Governor 8.0

28-21

     Office of the Secretary of State 57.0

28-22

     Office of the General Treasurer 82.0

28-23

     Board of Elections 11.0

28-24

     Rhode Island Ethics Commission 12.0

28-25

     Office of the Governor 45.0

28-26

     Commission for Human Rights 14.5

28-27

     Public Utilities Commission 47.0

28-28

     Office of Health and Human Services 168.0

28-29

     Children, Youth, and Families 665.5

28-30

     Health 497.3

28-31

     Human Services 940.7

28-32

     Behavioral Health, Developmental Disabilities, and Hospitals 1,383.2

28-33

     Office of the Child Advocate 5.8

29-34

     Commission on the Deaf and Hard of Hearing 3.0

29-35

     Governor's Commission on Disabilities 4.0

29-36

     Office of the Mental Health Advocate 3.7

29-37

     Elementary and Secondary Education 169.4

29-38

     School for the Deaf 60.0

29-39

     Davies Career and Technical School 126.0

29-40

     Office of Higher Education 16.8

29-41

     Provided that 1.0 of the total authorization would be available only for positions that are

29-42

supported by third-party funds.

29-43

     University of Rhode Island 2,450.5

29-44

     Provided that 593.2 of the total authorization would be available only for positions that

29-45

are supported by third-party funds.

29-46

     Rhode Island College 919.6

29-47

     Provided that 82.0 of the total authorization would be available only for positions that are

29-48

supported by third-party funds.

29-49

     Community College of Rhode Island 854.1

29-50

     Provided that 100.0 of the total authorization would be available only for positions that

29-51

are supported by third-party funds.

29-52

     Rhode Island State Council on the Arts 6.0

29-53

     RI Atomic Energy Commission 8.6

29-54

     Higher Education Assistance Authority 38.6

29-55

     Historical Preservation and Heritage Commission 16.6

29-56

     Public Telecommunications Authority 14.0

29-57

     Office of the Attorney General 233.1

29-58

     Corrections 1,419.0

29-59

     Judicial 723.3

29-60

     Military Staff 112.0

29-61

     Public Safety 609.2

29-62

     Office of the Public Defender 93.0

29-63

     Environmental Management 407.0

29-64

     Coastal Resources Management Council 29.0

29-65

     Transportation 772.6

29-66

     Total 15,026.3

29-67

     SECTION 11. The amounts reflected in this Article include the appropriation of Rhode

29-68

Island Capital Plan funds for fiscal year 2013 and superseded appropriations provided for FY

30-1

2013 within Section 12 of Chapter 151 of the P.L. of 2011.

30-2

     The following amounts are hereby appropriated out of any money in the State’s Rhode

30-3

Island Capital Plan Fund not otherwise appropriated to be expended during the fiscal years ending

30-4

June 30, 2014, June 30, 2015, June 30, 2016 and June 30, 2017. These amounts supersede

30-5

appropriations provided within Section 12 of Article 1 of Chapter 151 of the P.L. of 2011. For

30-6

the purposes and functions hereinafter mentioned, the State Controller is hereby authorized and

30-7

directed to draw his or her orders upon the General Treasurer for the payment of such sums and

30-8

such portions thereof as may be required by him or her upon receipt of properly authenticated

30-9

vouchers.

30-10

      Fiscal Yr Ending Fiscal Yr Ending Fiscal Yr Ending Fiscal Yr Ending

30-11

     Project June 30, 2014 June 30, 2015 June 30, 2016 June 30, 2017

30-12

     DOA - Cranston

30-13

     Street Armory 2,000,000 2,000,000 1,500,000 1,500,000

30-14

     DOA - Fire Code Compliance

30-15

     State Buildings 500,000 500,000 500,000 500,000

30-16

     DOA - Ladd Center Building

30-17

     Demolition 1,000,000 2,000,000 1,700,000 0

30-18

     DOA - Pastore Center Building

30-19

     Demolition 3,000,000 1,500,000 500,000 0

30-20

     DOA - Pastore Utilities

30-21

     Upgrade 2,300,000 0 0 0

30-22

     DOA - Pastore Utility Systems Water

30-23

     Tanks and Pipes 300,000 150,000 0 0

30-24

     DOA - Replacement of

30-25

     Fuel Tanks 300,000 300,000 300,000 300,000

30-26

     DOA - State Office

30-27

     Building 1,300,000 2,500,000 4,200,000 0

30-28

     DOA - Veterans Auditorium

30-29

     Repairs 3,850,000 2,050,000 0 0

30-30

     DOA - Washington County

30-31

     Government Center 450,000 350,000 350,000 350,000

30-32

     DLT - Center General

30-33

     Asset Protection 549,500 400,000 250,000 0

31-34

     BHDDH - Hospital

31-35

     Consolidation 8,000,000 8,000,000 8,000,000 9,000,000

31-36

     El. Sec. - Cranston Career and

31-37

     Technical 978,000 443,740 0 0

31-38

     El. Sec. - Warwick Career and

31-39

     Technical 500,000 500,000 0 0

31-40

     El. Sec. - Woonsocket Career and

31-41

     Technical 505,000 420,000 0 0

31-42

     Higher Ed - URI Fire Safety

31-43

     Admin and Academic 0 0 5,000,000 5,000,000

31-44

     Attorney General - Building Maintenance and

31-45

     Repairs 250,000 150,000 150,000 150,000

31-46

     DOC - Corrections

31-47

     Asset Protection 4,000,000 3,500,000 3,500,000 3,900,000

31-48

     Judiciary - HVAC 600,000 700,000 750,000 900,000

31-49

     Judiciary - Licht Complex

31-50

     Restoration 500,000 500,000 500,000 500,000

31-51

     Mil Staff - Armory of

31-52

     Mounted Commands 500,000 300,000 200,000 0

31-53

     Mil Staff - Asset

31-54

     Protection 500,000 500,000 500,000 500,000

31-55

     Mil Staff - Federal Armories Fire

31-56

     Code Compliance 20,250 20,250 3,750 3,750

31-57

     Mil Staff - Logistics/Maintenance Facilities Fire

31-58

     Code Compliance 12,500 9,500 0 0

31-59

     Mil Staff - State Armories Fire

31-60

     Code Compliance 20,250 20,250 10,000 10,000

31-61

     DEM - Dam Repairs 800,000 550,000 500,000 500,000

31-62

     DEM - Galilee Piers 690,000 675,000 665,000 220,000

31-63

     DEM - Recreational Facility

31-64

     Improvements 2,640,000 2,750,000 1,850,000 2,250,000

31-65

     DOT - Highway Improvement

31-66

     Program 20,000,000 20,000,000 20,000,000 20,000,000

31-67

     DOT - Salt Storage

32-68

     Facility 2,000,000 2,000,000 2,000,000 2,000,000

32-69

     SECTION 12. Reappropriation of Funding for Rhode Island Capital Plan Fund Projects.

32-70

- Any unexpended and unencumbered funds from Rhode Island Capital Plan Fund project

32-71

appropriations shall be reappropriated in the ensuing fiscal year and made available for the same

32-72

purpose. However, any such reappropriations are subject to final approval by the General

32-73

Assembly as part of the supplemental appropriations act. Any unexpended funds of less than five

32-74

hundred dollars ($500) shall be reappropriated at the discretion of the State Budget Officer.

32-75

     SECTION 13. For the Fiscal Year ending June 30, 2013, the Rhode Island Housing and

32-76

Mortgage Finance Corporation shall provide from its resources such sums as appropriate in

32-77

support of the Neighborhood Opportunities Program. The Corporation shall provide a report

32-78

detailing the amount of funding provided to this program, as well as information on the number

32-79

of units of housing provided as a result to the Director of Administration, the Chair of the

32-80

Housing Resources Commission, the Chair of the House Finance Committee, the Chair of the

32-81

Senate Finance Committee and the State Budget Officer.

32-82

     SECTION 14. Whereas, nearly one in five Americans with mortgages owe more to the

32-83

bank than their home is worth.

32-84

     Whereas according to the Mortgage Bankers Association, approximately 1.5 million

32-85

homeowners nationally are 90 days or more delinquent on their mortgages, but have yet to be in

32-86

foreclosure.

32-87

     Whereas according to a Spring 2012 report by Housing Works RI, since 2007, Rhode

32-88

Island had consistently ranked worst in New England for foreclosure initiations, and the number

32-89

of actual residential foreclosures increased in 2011 with over 2,000 foreclosure deeds filed.

32-90

     Whereas the State of Rhode Island is eligible to receive a share of a nationwide, $25.0

32-91

billion mortgage fraud settlement from five major mortgage services.

32-92

     Whereas it is estimated that the State will receive approximately $8.6 million to fund

32-93

consumer protection and foreclosure protection efforts as part of the mortgage fraud settlement.

32-94

     Whereas, the funding is intended to bring stability to the housing market and provide

32-95

mortgage and foreclosure prevention assistance. Therefore, be it

32-96

     RESOLVED that the Attorney General shall develop by September 1, 2012, in

32-97

consultation with Rhode Island Housing, the Rhode Island Foreclosure Protection Program to

32-98

prevent or reduce the number of initiated foreclosures in Rhode Island and assist homeowners

32-99

struggling with mortgage payments. The program shall be supported by the $8.6 million Rhode

32-100

Island expects to receive from the mortgage fraud settlement referenced above. Said program

32-101

shall be administered by Rhode Island Housing, and Rhode Island Housing shall develop and

32-102

implement appropriate policies and procedures consistent with the goal of foreclosure prevention

33-1

and the guidelines of the mortgage fraud settlement.

33-2

     SECTION 15. Notwithstanding any general laws to the contrary, the State Controller

33-3

shall transfer $8,000,000 from the State General Fund to the State Fleet Replacement Fund by

33-4

July 30, 2012.

33-5

     SECTION 16. Notwithstanding any general laws to the contrary, the State Controller

33-6

shall transfer $5,000,000 from the State General Fund to Information Technology Investment

33-7

Fund by July 30, 2012.

33-8

     SECTION 17. This article shall take effect as of July 1, 2012.

Article-001-SUB-A

=======

art.002/2/002/1

=======

1-1

ARTICLE 2

1-2

RELATING TO BORROWING IN ANTICIPATION OF RECEIPTS FROM TAXES

1-3

     SECTION 1. (a) The state of Rhode Island is hereby authorized to borrow during its

1-4

fiscal year ending June 30, 2013, in anticipation of receipts from taxes such sum or sums, at such

1-5

time or times and upon such terms and conditions not inconsistent with the provisions and

1-6

limitations of Section 17 of Article VI of the constitution of Rhode Island, as the general

1-7

treasurer, with the advice of the Governor, shall deem for the best interests of the state, provided

1-8

that the amounts so borrowed shall not exceed two hundred fifty hundred million dollars

1-9

($250,000,000), at any time outstanding. The state is hereby further authorized to give its

1-10

promissory note or notes signed by the general treasurer and counter-signed by the secretary of

1-11

state for the payment of any sum so borrowed. Any such proceeds shall be invested by the general

1-12

treasurer until such time as they are needed. The interest income earned from such investments

1-13

shall be used to pay the interest on the promissory note or notes, or other forms of obligations,

1-14

and any expense of issuing the promissory note or notes, or other forms of obligations, with the

1-15

balance remaining at the end of said fiscal year, if any, shall be used toward the payment of long-

1-16

term debt service of the state, unless prohibited by federal law or regulation.

1-17

     (b) Notwithstanding any other authority to the contrary, duly authorized bonds or notes of

1-18

the state issued during the fiscal year ending June 30, 2013 may be issued in the form of

1-19

commercial paper, so-called. In connection herewith, the state, acting through the general

1-20

treasurer, may enter into agreements with banks, trust companies or other financial institutions

1-21

within or outside the state, whether in the form of letters or lines of credit, liquidity facilities,

1-22

insurance or other support arrangements. Any notes issued as commercial paper shall be in such

1-23

amounts and bear such terms as the general treasurer, with the advice of the governor, shall

1-24

determine, which may include provisions for prepayment at any time with or without premium at

1-25

the option of the state. Such notes may be sold at a premium or discount, and may bear interest or

1-26

not and, if interest bearing, may bear interest at such rate or rates variable from time to time as

1-27

determined by the Federal Reserve Bank Composite Index of Commercial Paper, or the

1-28

Municipal Market Data General Market Index or other similar commercial paper offerings, or

1-29

other method specified in any agreement with brokers for the placement or marketing of any such

1-30

notes issued as commercial paper, or other like agreements. Any such agreement may also

1-31

include such other covenants and provisions for protecting the rights, security and remedies of the

2-1

lenders as may, in the discretion of the general treasurer, be reasonable, legal and proper. The

2-2

general treasurer may also enter into agreements with brokers for the placement or marketing of

2-3

any such notes of the state issued as commercial paper. Any notes to the state issued as

2-4

commercial paper in anticipation of receipts from taxes in any fiscal year must also be issued in

2-5

accordance with the provisions of Section 17 of Article VI of the constitution of Rhode Island and

2-6

within the limitations set forth in Subsection (a) of Section 1 of this Article.

2-7

     (c) Notwithstanding any other authority to the contrary, other forms of obligations of the

2-8

state not to exceed twenty million dollars ($20,000,000) of the two hundred fifty hundred million

2-9

dollar ($250,000,000) amount authorized in Section 1 may be issued during the fiscal year ending

2-10

June 30, 2013 in the form of a commercial or business credit account, at any time outstanding,

2-11

with banks, trust companies or other financial institutions within or outside the state in order to

2-12

finance a payables incentive program for the state with its vendors. Any such forms of obligations

2-13

entered into pursuant to this subsection shall be in such amounts and bear such terms as the

2-14

general treasurer, with the advice of the governor, shall determine which may include provisions

2-15

for prepayment at any time with or without premium at the option of the state. Any such forms of

2-16

obligations entered into pursuant to this subsection may also include such other covenants and

2-17

provisions for protecting the rights, security and remedies of the lenders as may, in the discretion

2-18

of the general treasurer, be reasonable, legal and proper. Any such forms of obligations entered

2-19

into pursuant to this subsection must also be issued in accordance with the provisions of Section

2-20

17 of Article VI of the Constitution of Rhode Island and within the limitations set forth in

2-21

Subsection (a) of Section 1 of this Article. 

2-22

     SECTION 2. This article shall take effect upon passage.

Article-002-SUB-A

=======

art.003/2/011/2/021/1

=======

1-1

ARTICLE 3

1-2

RELATING TO ABUSED AND NEGLECTED CHILDREN

1-3

     SECTION 1. Section 40-11-7 of the General Laws in Chapter 40-11 entitled “Abused and

1-4

Neglected Children “is hereby amended to read as follows:

1-5

     40-11-7. Investigation of reports--Petition for removal from custody--Report to child

1-6

advocate--Attorney general--Court-appointed special advocate.-- (a) The department shall

1-7

investigate reports of child abuse and neglect made under this chapter in accordance with the

1-8

rules the department has promulgated and in order to determine the circumstances surrounding

1-9

the alleged abuse or neglect and the cause thereof. The investigation shall include personal

1-10

contact with the child named in the report and any other children in the same household. Any

1-11

person required to investigate reports of child abuse and/or neglect may question the subjects of

1-12

those reports with or without the consent of the parent or other person responsible for the child’s

1-13

welfare. The interviewing of the child or children, if they are of the mental capacity to be

1-14

interviewed, shall take place in the absence of the person or persons responsible for the alleged

1-15

neglect or abuse. In the event that any person required to investigate child abuse and/or neglect is

1-16

denied reasonable access to a child by the parents or other person, and that person required to

1-17

investigate deems that the best interests of the child so require, they may request the intervention

1-18

of a local law enforcement agency, or seek an appropriate court order to examine and interview

1-19

the child. The department shall provide such social services and other services as are necessary to

1-20

protect the child and preserve the family.

1-21

     (b) In the event that after investigation it is determined by the department that the child is

1-22

being or has been abused or neglected but that the circumstances of the child’s family or

1-23

otherwise do not require the removal of the child for his or her protection, the department may

1-24

allow the child to remain at home and provide the family and child with access to preventative

1-25

support and services. In addition, the department is authorized to petition the family court for an

1-26

order for the provision of treatment of the family and child.

1-27

     (c) The department shall have the duty to petition the family court for removal of the

1-28

child from the care and custody of the parents, or any other person having custody or care of the

1-29

child if there is a determination that a child has been abused or neglected; which results in a child

1-30

death, serious physical or emotional harm, sexual abuse or exploitation or an act or failure to act

1-31

which represents an imminent risk of serious harm. In addition, in cases of alleged abuse and/or

2-1

neglect, the department may petition the family court for the removal of the alleged perpetrator of

2-2

that abuse, and/or neglect from the household of the child or children when the child or children

2-3

are eleven (11) years of age or older. It shall be the responsibility of the department to make the

2-4

parent or other person responsible for the child’s welfare aware of the court action, the possible

2-5

consequences of the court action, and to explain the rights of the parent relative to the court

2-6

action.

2-7

     (d) The department shall forward immediately any reports of institutional child abuse and

2-8

neglect to the child advocate who shall investigate the report in accordance with chapter 73 of

2-9

title 42, and also to any guardian ad litem and/or attorney of record for the child.

2-10

     (e) In the event that after investigation the department takes any action regarding

2-11

placement of the child, the department shall immediately notify the child advocate of such action.

2-12

     (f) In the event that after investigation the department has reasonable cause to know or

2-13

suspect that a child has been subjected to criminal abuse or neglect, the department shall forward

2-14

immediately any information as it relates to that knowledge or suspicion to the law enforcement

2-15

agency.

2-16

     SECTION 2. This article shall take effect upon passage.

Article-003-SUB-A

=======

art.004/9/004/8/004/7/004/6/004/5/004/4/004/3/004/2/004/1

=======

1-1

ARTICLE 4

1-2

RELATING TO GOVERNMENT ORGANIZATION

1-3

     SECTION 1. Section 16-57-10 of the General Laws in Chapter 16-57 entitled "Higher

1-4

Education Assistance Authority" is hereby amended to read as follows:

1-5

     16-57-10. Reserve funds. -- To assure the continued operation and solvency of the

1-6

authority for the carrying out of its corporate purposes, the authority may create and establish any

1-7

reserve funds as may be necessary or desirable for its corporate purposes, and may pay into the

1-8

funds any money appropriated and made available by the state, the commissioner, or any other

1-9

source for the purpose of the funds, and any money collected by the authority as fees for the

1-10

guaranty of eligible loans.

1-11

     To assure continued solvency of the authority, reserve funds shall be used solely for the

1-12

purposes of guaranteeing eligible loans to students in eligible institutions and to parents of those

1-13

students in accordance with Rhode Island General Law, section 16-57-4(a). Furthermore, it is the

1-14

intent of the general assembly that these funds eventually be used to increase financial assistance

1-15

to Rhode Island students in the form of scholarships.

1-16

     SECTION 2. Section 16-62-7 of the General Laws in Chapter 16-62 entitled "The Rhode

1-17

Island Student Loan Authority" is hereby amended to read as follows:

1-18

     16-62-7. Directors, officers, and employees. -- (a) The powers of the authority shall be

1-19

vested in a board of directors consisting of six (6) members as follows: five (5) members

1-20

appointed by the governor to the Rhode Island higher education assistance authority from among

1-21

members of the general public, who are qualified by training or experience in education, finance,

1-22

or personal investment consulting and made in accordance with subsection (b) of this section as

1-23

provided in section 16-57-7, all appointments and are subject to the advice and consent of the

1-24

senate; and the general treasurer, ex-officio. The general treasurer may designate a subordinate

1-25

within his or her department or agency to represent him or her at all meetings of the board.

1-26

     (b) All members appointed by the governor shall be appointed to terms of five (5) years,

1-27

and the governor shall, during the month of January preceding the expiration of each term,

1-28

appoint a member whose term will then next expire. In the event of a vacancy occurring in the

1-29

office of a member by death, resignation, removal, or otherwise, the vacancy shall be filled in the

1-30

same manner as an original appointment but only for the remainder of the term of the former

1-31

member.

2-1

     (b)(c) The directors shall receive no compensation for the performance of their duties

2-2

under this chapter, but each director shall be reimbursed for his or her reasonable expenses

2-3

incurred in carrying out those duties. A director may engage in private employment, or in a

2-4

profession or business.

2-5

      (c)(d) The board of directors shall elect one of its members to serve as chairperson. Four

2-6

(4) directors shall constitute a quorum and any action to be taken by the authority under the

2-7

provisions of this chapter may be authorized by resolution approved by a majority of the directors

2-8

present and voting at any regular or special meeting at which a quorum is present. A vacancy in

2-9

the membership of the board of directors shall not impair the right of a quorum to exercise all the

2-10

rights and perform all the duties of the authority.

2-11

      (d)(e) In addition to electing a chairperson, the board of directors shall appoint a

2-12

secretary and any additional officers and staff members as they shall deem appropriate and shall

2-13

determine the amount of compensation, if any, each shall receive. The board of directors may

2-14

appoint a chief executive officer and vest in that person or his or her subordinates the authority to

2-15

appoint additional staff members and to determine the amount of compensation each individual

2-16

shall receive.

2-17

      (e)(f) No fulltime employee shall during the period of his or her employment by the

2-18

authority engage in any other private employment, profession, or business, including, but not

2-19

limited to, consulting.

2-20

      (f)(g) Notwithstanding any other law to the contrary, it shall not be or constitute a

2-21

conflict of interest for a director, officer, or employee of any financial institution, investment

2-22

banking firm, brokerage firm, commercial bank, trust company, savings and loan association,

2-23

credit union, insurance company, educational institution, or any other firm, person, or corporation

2-24

to serve as a director of the authority nor shall any contract or transaction between the authority

2-25

and any financial institution, investment banking firm, brokerage firm, commercial bank, trust

2-26

company, savings and loan association, credit union, insurance company, educational institution,

2-27

or any other firm, person, or corporation be void or voidable by reason of any service as director

2-28

of the authority. If any director, officer, or employee of the authority shall be interested either

2-29

directly or indirectly, or shall be a director, officer, or employee of or have an ownership interest

2-30

(other than as the owner of less than one percent (1%) of the shares of a publicly held

2-31

corporation) in any firm or corporation interested directly or indirectly in any contract with the

2-32

authority, that interest shall be disclosed to the authority and set forth in the minutes of the

2-33

authority, and the director, officer, or employee having that interest in it shall not participate on

2-34

behalf of the authority in the authorization of this contract. Interested directors may be counted in

3-1

determining the presence of a quorum at a meeting of the board of directors of the authority

3-2

which authorizes the contract or transaction.

3-3

      (g)(h) Any action taken by the authority under the provisions of this chapter may be

3-4

authorized by vote at any regular or special meeting, and each vote shall take effect immediately.

3-5

      (h)(i) The board of directors may designate from among its members an executive

3-6

committee and one or more other committees each of which, to the extent authorized by the board

3-7

of directors, shall have and may exercise all the authority of the board of directors, but no

3-8

committee shall have the authority of the board of directors in reference to the disposition of all

3-9

or substantially all the property and assets of the authority, or amending the bylaws of the

3-10

authority.

3-11

      (i)(j) Any action required by this chapter to be taken at a meeting of the board of

3-12

directors, or any action which may be taken at a meeting of the board of directors, or committee

3-13

of it, may be taken without a meeting if a consent in writing, setting forth the action to be taken,

3-14

shall be signed before or after that action by all of the directors, or all of the members of the

3-15

committee.

3-16

      (j)(k) The board shall conduct a training course for newly appointed and qualified

3-17

members and new designees of ex-officio members within six (6) months of their qualification or

3-18

designation. The course shall be developed by the chair of the board, approved by the board, and

3-19

conducted by the chair of the board. The board may approve the use of any board or staff

3-20

members or other individuals to assist with training. The training course shall include instruction

3-21

in the subject area of this chapter and chapters 46 of title 42, 14 of title 36, and 2 of title 38; and

3-22

the board's rules and regulations. The director of the department of administration shall, within

3-23

ninety (90) days of the effective date of this act, disseminate training materials relating to the

3-24

provisions of chapters 46 of title 42, 14 of title 36, and 2 of title 38.

3-25

     SECTION 3. Title 16 of the General Laws entitled "EDUCATION" is hereby amended

3-26

by adding thereto the following chapter:

3-27

     CHAPTER 96

3-28

THE RHODE ISLAND BOARD OF EDUCATION ACT

3-29

     16-96-1. Rhode Island board of education established. – (a) Effective January 1, 2014,

3-30

there is created a board of education which shall be and is constituted a public corporation,

3-31

empowered to sue and be sued in its own name, to have a corporate seal, and to be vested with all

3-32

the powers and duties currently vested in the board of governors for higher education established

3-33

in chapter 16-59 and the board of regents for elementary and secondary education established in

3-34

chapter 16-60.

4-1

     (b) Upon its organization, the board of education shall be vested with the legal title (in

4-2

trust for the state) to all property, real and personal, now owned by and/or under the control or in

4-3

the custody of the board of governors for higher education and the board of regents for

4-4

elementary and secondary education, for the use of the board of education. The board of

4-5

education is hereby-designated successor to all powers, rights, duties, and privileges pertaining to

4-6

the board of regents for elementary and secondary education and the board of governors for

4-7

higher education.

4-8

     (c) The board of education shall consist of nine (9) public members appointed by the

4-9

governor with the advice and consent of the senate. Three of the members initially appointed

4-10

pursuant to this section shall serve terms of three (3) years; three members initially appointed

4-11

pursuant to this section shall serve terms of two (2) years; and, three members initially appointed

4-12

pursuant to this section shall serve terms of one year. Thereafter, all members appointed pursuant

4-13

to this section shall serve terms of three (3) years. No board member shall be appointed to serve

4-14

more than two (2) three-year terms.

4-15

     (d) The governor shall select from the appointed members a chairperson and vice

4-16

chairperson. A quorum shall consist of five (5) members of the board. A majority vote of those

4-17

present shall be required for action.

4-18

     16-96-2. The chancellor of education. – (a) The board of education shall engage a

4-19

chancellor of education who shall be an employee of the board and who shall not be a member of

4-20

the board. The chancellor shall be in the unclassified service and shall serve at the pleasure of the

4-21

board of education. The duties and powers of the chancellor shall be determined by the board of

4-22

education and the chancellor shall be subject to the direction and control of the board of

4-23

education.

4-24

     (b) The commissioner of elementary and secondary education and the commissioner of

4-25

higher education shall be subject to the direction and control of the chancellor.

4-26

     (c) The governor shall appoint an interim chancellor no later than November 1, 2012 to

4-27

serve a limited term to expire on December 31, 2013, or until such time the board engages a

4-28

permanent chancellor, to facilitate the merger. The interim chancellor’s duties will include, but

4-29

not be limited to:

4-30

     (1) Providing guidance on statutory, legal, financial and contractual obligations;

4-31

     (2) Establishing a policy framework; and

4-32

     (3) Establishing administrative structure, support, policies and procedures.

4-33

     16-96-3. Administrative office. – There shall be a single administrative office overseen

4-34

by the chancellor in support of the Rhode Island board of education.

5-1

     16-96-4. Change of former names. – Effective January 1, 2014, the term “Rhode Island

5-2

Board of Education” shall be used in lieu of any then existing law reference made to the board of

5-3

regents for elementary and secondary education and/or the board of governors for higher

5-4

education.

5-5

     16-96-5. Abolishment of boards. – The board of governors for higher education

5-6

established in chapter 16-59 and the board of regents for elementary and secondary education

5-7

established in chapter 16-60 shall cease to exist as of January 1, 2014.

5-8

     SECTION 4. Title 35 of the General Laws entitled “PUBLIC FINANCE” is hereby

5-9

amended by adding thereto the following chapter:

5-10

     CHAPTER 35-1.1

5-11

     OFFICE OF MANAGEMENT AND BUDGET

5-12

     35-1.1-1. Statement of intent. -- The purpose of this chapter is to establish a

5-13

comprehensive public finance and management system for the State of Rhode Island that

5-14

manages a data-driven budget process, monitors state departments’ and agencies’ performance,

5-15

maximizes the application for and use of federal grants and ensures accountability and

5-16

transparency regarding the use of public funds.

5-17

     35-1.1-2. Establishment of the office of management and budget. -- There is hereby

5-18

established within the department of administration an office of management and budget. This

5-19

office shall serve as the principal agency of the executive branch of state government for

5-20

managing budgetary functions, performance management, and federal grants management. In this

5-21

capacity, the office shall:

5-22

     (1) Establish an in-depth form of data analysis within and between departments and

5-23

agencies, creating a more informed process for resource allocation to best meet the needs of

5-24

Rhode Island citizens;

5-25

     (2) Identify federal grant funding opportunities to support the Governor’s and General

5-26

Assembly’s major policy initiatives and provide technical assistance with the application process

5-27

and post-award grants management;

5-28

     (3) Analyze federal budgetary issues and report on potential impacts to the state;

5-29

     (4) Coordinate the budget functions of the state with performance management

5-30

objectives;,

5-31

     (5) Maximize efficiencies in departments, agencies, advisory councils and

5-32

instrumentalities of the State by improving processes and prioritizing programs;

5-33

     (6) Upon the written request of the governor, the director of the department of

5-34

administration, or the director of the office of management and budget, the office shall conduct

6-1

audits, provide management advisory and consulting services, or conduct investigations relative

6-2

to the financial affairs or the efficiency of management, or both, of any state department or

6-3

agency. The office may from time to time make such investigations and additional reports to the

6-4

governor, the director of the department of administration or the director of the office of

6-5

management and budget shall deem necessary or advisable.

6-6

     35-1.1-3. Director of management and budget – Appointment and responsibilities. –

6-7

(a) Within the department of administration there shall be a director of management and budget,

6-8

who shall be appointed by the director of administration with the approval of the governor. The

6-9

director shall be responsible to the governor and director of administration for supervising the

6-10

office of management and budget and for managing and providing strategic leadership and

6-11

direction to the budget officer, the performance management office, and the federal grants

6-12

management office.

6-13

     (b) The director of management and budget shall be responsible to:

6-14

     (1) Oversee, coordinate and manage the functions of the budget officer as set forth by

6-15

section 35-3, program performance management as set forth by section 35-3-24.1, approval of

6-16

agreements with federal agencies defined by section 35-3-25 and budgeting, appropriation and

6-17

receipt of federal monies as set forth by chapter 42-41;

6-18

     (2)Manage federal fiscal proposals and guidelines, and serve as the State Clearinghouse

6-19

for the application of federal grants; and,

6-20

     (3) Maximize the indirect cost recoveries by state agencies set forth by section 35-4-23.1.

6-21

     35-1.1-4. Offices and functions assigned to the office management and budget –

6-22

Powers and duties. – (a) The offices assigned to the office of management and budget include

6-23

the budget office, the performance management office and the federal grants management office.

6-24

     (b) The offices assigned to the office of management and budget shall:

6-25

     (1) Exercise their respective powers and duties in accordance with their statutory

6-26

authority and the general policy established by the governor or by the director acting on behalf of

6-27

the governor or in accordance with the powers and authorities conferred upon the director by this

6-28

chapter;

6-29

     (2) Provide such assistance or resources as may be requested or required by the governor

6-30

and/or the director;

6-31

     (3) Provide such records and information as may be requested or required by the

6-32

governor and/or the director, to the extent allowed under the provisions of any applicable general

6-33

or public law, regulation, or agreement relating to the confidentiality, privacy or disclosure of

6-34

such records or information; and,

7-1

     (c) Except as provided herein, no provision of this chapter or application thereof shall be

7-2

construed to limit or otherwise restrict the budget officer from fulfilling any statutory requirement

7-3

or complying with any valid rule or regulation.

7-4

     35-1.1-5. Federal grants management. -- (a) The office of management and budget

7-5

shall be responsible for managing federal grant applications, providing administrative assistance

7-6

to agencies regarding reporting requirements, providing technical assistance and approving

7-7

agreements with federal agencies pursuant to section 35-1-1. The director shall:

7-8

     (1) Establish state goals and objectives for maximizing the utilization of federal aid

7-9

programs;

7-10

     (2) Ensure that the state establishes and maintains statewide federally-mandated grants

7-11

management processes and procedures as mandated by the federal Office of Management and

7-12

Budget;

7-13

     (3) Promulgate procedures and guidelines for all state departments, agencies, advisory

7-14

councils, instrumentalities of the state and public higher education institutions covering

7-15

applications for federal grants;

7-16

     (4) Require, upon request, any state department, agency, advisory council,

7-17

instrumentality of the state or public higher education institution receiving a grant of money from

7-18

the federal government to submit a report to the director of expenditures and program measures

7-19

for the fiscal period in question;

7-20

     (5) Ensure state departments and agencies adhere to the requirements of section 42-41-

7-21

5 regarding Legislative appropriation authority and delegation thereof;

7-22

     (6) Assist the state controller in managing and overseeing the disbursements of federal

7-23

funds in accordance with section 35-6-42;

7-24

     (7) Assist the state controller in the preparation of the statewide cost allocation plan and

7-25

serve as the monitoring agency to ensure that state departments and agencies are working within

7-26

the guidelines contained in the plan; and,

7-27

     (8) Provide technical assistance to agencies to ensure resolution and closure of all single

7-28

state audit findings and recommendations made by the Auditor General related to Federal

7-29

funding. 

7-30

     (b) The office of management and budget shall serve as the State Clearinghouse for

7-31

purposes of coordinating federal grants, aid and assistance applied for and/or received by any

7-32

state department, agency, advisory council or instrumentality of the state. Any state department,

7-33

agency, advisory council, or instrumentality of the state applying for federal funds, aids, loans, or

7-34

grants shall file a summary notification of the intended application with the director.

8-1

     (1) When as a condition to receiving federal funds, the state is required to match the

8-2

federal funds, a statement shall be filed with the notice of intent or summary of the application

8-3

stating:

8-4

     (i) The amount and source of state funds needed for matching purposes;

8-5

     (ii) The length of time the matching funds shall be required;

8-6

     (iii) The growth of the program;

8-7

     (iv) How the program will be evaluated;

8-8

     (v) What action will be necessary should the federal funds be canceled, curtailed, or

8-9

restricted; and,

8-10

     (vi) Any other financial and program management data required by the office or by law.

8-11

     (2) Except as otherwise required, any application submitted by an executive agency for

8-12

federal funds, aids, loans, or grants which will require state matching or replacement funds at the

8-13

time of application or at any time in the future, must be approved by the director or their

8-14

designated agents prior to its filing with the appropriate federal agency. Any application

8-15

submitted by an executive agency for federal funds, aids, loans, or grants which will require state

8-16

matching or replacement funds at the time of application or at any time in the future, when funds

8-17

have not been appropriated for that express purpose, must be approved by the General Assembly

8-18

in accordance with section 42-41-5. When the general assembly is not in session, the application

8-19

shall be reported to and reviewed by the Director pursuant to rules and regulations promulgated

8-20

by the Director.

8-21

     (3) When any federal funds, aids, loans, or grants are received by any state department,

8-22

agency, advisory council or instrumentality of the state, a report of the amount of funds received

8-23

shall be filed with the office; and this report shall specify the amount of funds which would

8-24

reimburse an agency for indirect costs, as provided for under federal OMB Circular A-87.

8-25

     (4) The director may refuse to issue approval for the disbursement of any state or federal

8-26

funds from the State Treasury as the result of any application which is not approved as provided

8-27

by this section, or in regard to which the statement or reports required by this section were not

8-28

filed.

8-29

     (5) The director shall be responsible for the orderly administration of this section and for

8-30

issuing the appropriate guidelines and regulations from each source of funds used.

8-31

     35-1.1-6. Office of Management and Budget expenses. -- (a) There is created a

8-32

restricted receipt account for the office of management and budget to be known as OMB

8-33

administrative expense account. Payments from the account shall be limited to expenses for

8-34

administrative oversight and management of federal and state funds received by the state

9-1

agencies..

9-2

     (b) All amounts deposited in the office of management and budget accounts shall be

9-3

exempt from the indirect cost recovery provisions of section 35-4-27.

9-4

     (c) The office of management and budget is authorized to receive indirect costs on federal

9-5

funds to cover oversight expenses

9-6

     35-1.1-7. Appointment of employees. – The director of administration, subject to the

9-7

provisions of applicable state law, shall be the appointing authority for all employees of the office

9-8

of management and budget. The director of administration may delegate this function to such

9-9

subordinate officers and employees of the office as may to him or her seem feasible or desirable.

9-10

     35-1.1-8. Appropriations and disbursements. – The general assembly shall annually

9-11

appropriate such sums as it may deem necessary for the purpose of carrying out the provisions of

9-12

this chapter. The state controller is hereby authorized and directed to draw his or her orders upon

9-13

the general treasurer for the payment of such sum or sums, or so much thereof as may from time

9-14

to time be required, upon receipt by him or her of proper vouchers approved by the director of the

9-15

office of management and budget, or his or her designee.

9-16

     35-1.1-9. Cooperation of other state executive branch agencies. – (a) The departments

9-17

and other agencies of the state of the executive branch that have not been assigned to the

9-18

executive office of management and budget under this chapter shall assist and cooperate with the

9-19

executive office as may be required by the governor and/or requested by the director of

9-20

management and budget, this assistance may include, but not be limited to, utilizing staff

9-21

resources from other departments or agencies for special projects within a defined period of time

9-22

to improve processes within agencies and/or lead to cost savings.

9-23

     (b) Within thirty (30) days following the date of the issuance of a final audit report

9-24

completed pursuant to subdivision 35-1.1-2(6) , the head of the department, agency or private

9-25

entity audited shall respond in writing to each recommendation made in the final audit report.

9-26

This response shall address the department's, agency's or private entity's plan of implementation

9-27

for each specific audit recommendation and, if applicable, the reasons for disagreement with any

9-28

recommendation proposed in the audit report. Within one year following the date on which the

9-29

audit report was issued, the office may perform a follow-up audit for the purpose of determining

9-30

whether the department, agency or private entity has implemented, in an efficient and effective

9-31

manner, its plan of action for the recommendations proposed in the audit report.

9-32

     35-1.1-10. Organizational reviews and special initiatives. – (a) The director of the

9-33

office of management and budget is hereby directed to conduct research and analysis to study the

9-34

programs of the department of transportation and other quasi-transportation related agencies not

10-1

limited to bridge, vehicle and winter maintenance efficiencies and effectiveness. The director of

10-2

the office of management and budget is authorized to consult with the appropriate federal

10-3

agencies and departments that provide funds to, or delegate authority to, the state department of

10-4

transportation and other quasi-transportation related agencies.

10-5

     (b) This plan shall address the goal of improving efficiency of transportation programs;

10-6

identifying similar programs that are being performed.

10-7

     (c) The office of management and budget is directed to report findings,

10-8

recommendations, and alternative designs to the governor and general assembly no later than

10-9

November 1, 2012 with copies to the governor, speaker of the house, senate president, chairs of

10-10

the house and senate finance committees and their respective fiscal advisors.

10-11

     (d) The report shall include a strategic plan that outlines the mission, goals, the estimated

10-12

cost and timelines to implement said recommendations, and the federal and state mandates

10-13

associated with the current programs. The report shall provide a clear definition of roles and

10-14

responsibilities, including those responsible for implementing the proposed recommendations.

10-15

The analysis shall develop outcome measures and an appropriate timeline to measure

10-16

implementation progress. It shall also include:

10-17

     (1) An examination of the various organizational structures in other states, evaluating

10-18

their strengths and weaknesses, and how they may or may not be applicable in Rhode Island. This

10-19

should include an evaluation of the best practices regarding efficiencies.

10-20

     (2) An analysis of what programs and responsibilities could be more efficiently

10-21

implemented and managed. This should include, but not be limited to, strategies to reorganize and

10-22

or centralize transportation programs.

10-23

     (3) An evaluation of the federal, state and other revenues that support these programs,

10-24

and the impacts on revenues and expenses associated with the alternatives and recommendations.

10-25

     (e) The department of transportation and other quasi-transportation related agencies shall

10-26

furnish such advice and information, documentary or otherwise, to the director of the office of

10-27

management and budget as is deemed necessary or desirable to facilitate the purposes of the

10-28

study.

10-29

     35-1.1-11. Rules and regulations. – The office of management and budget shall be

10-30

deemed an agency for purposes of section 42-35-1, et seq. of the Rhode Island general laws. The

10-31

director shall make and promulgate such rules and regulations, and establish fee schedules not

10-32

inconsistent with state law and fiscal policies and procedures as he or she deems necessary for the

10-33

proper administration of this chapter and to carry out the policy and purposes thereof.

11-34

     35-1.1-12. Severability. – If any provision of this chapter or the application thereof to

11-35

any person or circumstance is held invalid, such invalidity shall not effect other provisions or

11-36

applications of the chapter, which can be given effect without the invalid provision or application,

11-37

and to this end the provisions of this chapter are declared to be severable.

11-38

     SECTION 5. Section 35-1-1 of the General Laws in Chapter 35-1 entitled “Fiscal

11-39

Functions of Department of Administration” is hereby amended to read as follows:

11-40

     35-1-1. Approval of agreements with federal agencies. – No department or agency of

11-41

the state shall enter into an agreement with a federal agency involving state funds without the

11-42

approval of the director of administration or the director's director of the office of management

11-43

and budget or his or her duly authorized agents.

11-44

     SECTION 6. Sections 35-3-1 and 35-3-24.1 of the General Laws in Chapter 35-3 entitled

11-45

“State Budget” are hereby amended to read as follows:

11-46

     35-3-1. Budget officer – General powers and duties. – (a) Within the department of

11-47

administration office of management and budget there shall be a budget officer who shall be

11-48

appointed by the director of administration with the approval of the governor. The budget officer

11-49

shall be required to:

11-50

     (1) Exercise budgetary control over all state departments and agencies and perform

11-51

management analyses;

11-52

     (2) Operate an appropriation allotment system;

11-53

     (3) Prepare the annual budget of the receipts and expenditures of the state;

11-54

     (4) Develop long term activity and financial programs, particularly capital improvement

11-55

programs;

11-56

     (5) Approve or disapprove all requests for new personnel and to investigate periodically

11-57

the need of all existing positions in the state service and report thereon to the director of

11-58

administration; and

11-59

     (6) Prepare a five (5) year financial projection of anticipated general revenue receipts and

11-60

expenditures, including detail of principal revenue sources and expenditures by major program

11-61

areas, which projection shall be included in the budget submitted to the general assembly

11-62

pursuant to § 35-3-7.

11-63

     (b) The budget officer may approve or disapprove requisitions for equipment, materials,

11-64

and supplies.

11-65

     (c) The budget officer's duties and powers relating to budgetary controls and personnel

11-66

requests of the legislative and judicial departments shall be purely ministerial, concerned only

11-67

with the availability of the funds, and in no event shall the budget officer interpose his or her

11-68

judgment regarding the wisdom or expediency of items of expenditure.

12-1

     35-3-24.1 Program performance measurement. – (a) Beginning with the fiscal year

12-2

ending June 30, 1997, the governor shall submit, as part of each budget submitted to the general

12-3

assembly pursuant to § 35-3-7, performance objectives for each program in the budget for the

12-4

ensuing fiscal year, estimated performance data for the fiscal year in which the budget is

12-5

submitted, and actual performance data for the preceding two (2) completed fiscal years.

12-6

Performance data shall include efforts at achieving equal opportunity hiring goals as defined in

12-7

the department's annual affirmative action plan. The governor shall, in addition, recommend

12-8

appropriate standards against which to measure program performance. Performance in prior years

12-9

may be used as a standard where appropriate. These performance standards shall be stated in

12-10

terms of results obtained.

12-11

     (b) The governor may submit, in lieu of any part of the information required to be

12-12

submitted pursuant to subsection (a), an explanation of why the information cannot, as a practical

12-13

matter be submitted.

12-14

     (c)(1) The office of management and budget shall be responsible for managing and

12-15

collecting program performance measures on behalf of the governor. The office is authorized to

12-16

conduct performance reviews and audits of agencies to determine progress towards achieving

12-17

performance objectives for programs.

12-18

     (2) In order to collect performance measures from agencies, review performance and

12-19

provide recommendations the office of budget and management is authorized to coordinate with

12-20

the bureau of audits regarding the findings and recommendations that result from audits

12-21

conducted by the bureau.

12-22

     SECTION 7. Section 36-4-2 of the General Laws in Chapter 36-4 entitled “Merit

12-23

System” is hereby amended to read as follows:

12-24

     36-4-2. Positions in unclassified service. – The classified service shall comprise all

12-25

positions in the state service now existing or hereinafter established, except the following specific

12-26

positions which with other positions heretofore or hereinafter specifically exempted by legislative

12-27

act shall constitute the unclassified service:

12-28

     (1) Officers and legislators elected by popular vote and persons appointed to fill

12-29

vacancies in elective offices.

12-30

     (2) Employees of both houses of the general assembly.

12-31

     (3) Officers, secretaries, and employees of the office of the governor, office of the

12-32

lieutenant governor, department of state, department of the attorney general, and the treasury

12-33

department.

13-34

     (4) Members of boards and commissions appointed by the governor, members of the state

13-35

board of elections and the appointees of the board, members of the commission for human rights

13-36

and the employees of the commission, and directors of departments.

13-37

     (5) The following specific offices:

13-38

     (i) In the department of administration: director, chief information officer, director of

13-39

office of management and budget, and director of performance management;

13-40

     (ii) In the department of business regulation: director;

13-41

     (iii) In the department of elementary and secondary education: commissioner of

13-42

elementary and secondary education;

13-43

     (iv) In the department of higher education: commissioner of higher education;

13-44

     (v) In the department of health: director;

13-45

     (vi) In the department of labor and training: director, administrative assistant,

13-46

administrator of the labor board and legal counsel to the labor board;

13-47

     (vii) In the department of environmental management: director;

13-48

     (viii) In the department of transportation: director;

13-49

     (ix) In the department of human services: director and director of veterans' affairs;

13-50

     (x) In the state properties committee: secretary;

13-51

     (xi) In the workers' compensation court: judges, administrator, deputy administrator,

13-52

clerk, assistant clerk, clerk secretary;

13-53

     (xii) In the division of elderly affairs: director;

13-54

     (xiii) In the department of behavioral healthcare, developmental disabilities and hospitals:

13-55

director;

13-56

     (xiv) In the department of corrections: director, assistant director (institutions/operations),

13-57

assistant director (rehabilitative services), assistant director (administration), and wardens;

13-58

     (xv) In the department of children, youth and families: director, one assistant director,

13-59

one associate director, and one executive director;

13-60

     (xvi) In the public utilities commission: public utilities administrator;

13-61

     (xvii) In the water resources board: general manager;

13-62

     (xviii) In the human resources investment council: executive director.

13-63

     (xix) In the office of health and human services: secretary of health and human services.

13-64

     (6) Chief of the hoisting engineers, licensing division, and his or her employees;

13-65

executive director of the veterans memorial building and his or her clerical employees.

13-66

     (7) One confidential stenographic secretary for each director of a department and each

13-67

board and commission appointed by the governor.

14-68

     (8) Special counsel, special prosecutors, regular and special assistants appointed by the

14-69

attorney general, the public defender and employees of his or her office, and members of the

14-70

Rhode Island bar occupying a position in the state service as legal counsel to any appointing

14-71

authority.

14-72

     (9) The academic and/or commercial teaching staffs of all state institution schools, with

14-73

the exception of those institutions under the jurisdiction of the board of regents for elementary

14-74

and secondary education and the board of governors for higher education.

14-75

     (10) Members of the military or naval forces, when entering or while engaged in the

14-76

military or naval service.

14-77

     (11) Judges, referees, receivers, clerks, assistant clerks, and clerical assistants of the

14-78

supreme, superior, family, and district courts, the traffic tribunal, security officers of the traffic

14-79

tribunal, jurors and any persons appointed by any court.

14-80

     (12) Election officials and employees.

14-81

     (13) Executive high sheriff, chief deputy sheriff, sheriffs, deputy sheriffs, and other

14-82

employees of the sheriffs division within the department of public safety.

14-83

     (14) Patient or inmate help in state charitable, penal, and correctional institutions and

14-84

religious instructors of these institutions and student nurses in training, residents in psychiatry in

14-85

training, and clinical clerks in temporary training at the institute of mental health within the state

14-86

of Rhode Island medical center.

14-87

     (15)(i) Persons employed to make or conduct a temporary and special inquiry,

14-88

investigation, project or examination on behalf of the legislature or a committee therefor, or on

14-89

behalf of any other agency of the state if the inclusion of these persons in the unclassified service

14-90

is approved by the personnel administrator. The personnel administrator shall notify the house

14-91

fiscal advisor and the senate fiscal advisor whenever he or she approves the inclusion of a person

14-92

in the unclassified service.

14-93

     (ii) The duration of the appointment of a person, other than the persons enumerated in

14-94

this section, shall not exceed ninety (90) days or until presented to the department of

14-95

administration. The department of administration may extend the appointment another ninety (90)

14-96

days. In no event shall the appointment extend beyond one hundred eighty (180) days.

14-97

     (16) Members of the division of state police within the department of public safety.

14-98

     (17) Executive secretary of the Blackstone Valley district commission.

14-99

     (18) Artist and curator of state owned art objects.

14-100

     (19) Mental health advocate.

14-101

     (20) Child advocate.

15-102

     (21) The position of aquaculture coordinator and marine infrastructure specialist within

15-103

the coastal resources management council.

15-104

     (22) Employees of the office of the health insurance commissioner.

15-105

     (23) In the department of revenue: the director, secretary, attorney.

15-106

     (24) In the department of public safety: the director.

15-107

     SECTION 8. Section 42-11-2.4 of the General Laws in Chapter 42-11 entitled

15-108

"Department of Administration" is hereby amended to read as follows:

15-109

     42-11-2.4. State Fleet Replacement Revolving Loan Fund. -- (a) There is hereby

15-110

created as a separate fund within the treasury to be known as the state fleet replacement revolving

15-111

loan fund which shall be administered by the general treasurer in accordance with the same laws

15-112

and fiscal procedures as the general funds of the state. This fund, hereafter referred to as the

15-113

"revolving loan fund", shall consist of such sums as the state may from time to time appropriate,

15-114

as well as money received from the disposal of used vehicles, loan, interest and service charge

15-115

payments from benefiting state agencies, as well as interest earnings, money received from the

15-116

federal government, gifts, bequests, donations, or otherwise from any public or private source.

15-117

      (b) This fund shall be used for the purpose of acquiring motor vehicles, both new and

15-118

used, and vehicle-related equipment and attachments for state departments and agencies.

15-119

      (c) The proceeds from the repayment of any loans made for the purposes authorized

15-120

under this chapter shall be deposited in and returned to the revolving loan fund in order to

15-121

constitute a continuing revolving fund for the purposes listed above.

15-122

      (d) The office of state fleet operations of the Rhode Island department of administration

15-123

shall adopt rules and regulations consistent with the purposes of this chapter and chapter 35 of

15-124

title 42, in order to provide for the orderly and equitable disbursement and repayment of funds

15-125

from the revolving loan fund.

15-126

     (e) Provided; however, a total of four million two hundred thousand dollars ($4,200,000)

15-127

shall be made available for the required twenty percent (20%) match for the Rhode Island Public

15-128

Transit Authority to obtain federal funds to purchase buses through FY 2017.

15-129

     SECTION 9. Chapter 42-11 of the general laws entitled, “Department of Administration”

15-130

is hereby amended by adding thereto the following section:

15-131

     42-11-2.6. Office of Digital Excellence established.-- (a) Within the department there

15-132

shall be established the Office of Digital Excellence. The purposes of the office shall be to move

15-133

RI state government into the 21st century through the incorporation of innovation and modern

15-134

digital capabilities throughout state government and to leverage technology to expand and

15-135

improve the quality of services provided to RI citizens, to promote greater access to government

15-136

and the internet throughout cities and towns, and to position Rhode Island as a national leader in

16-1

e-government.

16-2

     (b) Within the office there shall be a chief digital officer who shall be appointed by the

16-3

director of administration with the approval of the governor and who shall be in the unclassified

16-4

service. The chief digital officer shall be required to:

16-5

     (1) Manage the implementation of all new and mission critical technology infrastructure

16-6

projects and upgrades for state agencies. The division of information technology established

16-7

pursuant to executive order 04-06 shall continue to manage and support all day-to-day operations

16-8

of the state’s technology infrastructure, telecommunications, and associated applications;

16-9

     (2) Increase the number of government services that can be provided online in order to

16-10

allow residents and businesses to complete transactions in a more efficient and transparent

16-11

manner;

16-12

     (3) Improve the state’s websites to provide timely information to online users and as

16-13

many government services as possible online; and

16-14

     (4) Establish, improve and enhance the state’s use of social media and mobile

16-15

technological applications.

16-16

     (c) The office shall coordinate its efforts with the division of information technology in

16-17

order to plan, allocate and implement projects supported by the information technology

16-18

investment fund established pursuant to 42-11-2.5.

16-19

     (d) All intellectual property created as a result of work undertaken by employees of the

16-20

office shall remain the property of the state of Rhode Island and Providence Plantations. Any

16-21

patents applied for shall be in the name of the state.

16-22

     (e) The director of administration may promulgate rules and regulations recommended by

16-23

the chief digital officer in order to effectuate the purposes and requirements of this act.

16-24

     (f) The chief digital officer shall report no later than January 31, 2013 and every January

16-25

31 thereafter to the governor, the speaker of the house of representatives and the senate president

16-26

regarding the implementation status of all technology infrastructure projects, website

16-27

improvements, number of e-government transactions and revenues generated, projects supported

16-28

by the information technology investment fund and all other activities undertaken by the office.

16-29

The annual report shall be posted on the office’s website.

16-30

     SECTION 10. Chapter 42-12 of the General Laws entitled “Department of Human

16-31

Services” is hereby amended by adding thereto the following section:

16-32

     42-12.1-5. Transfer of functions from the office of energy resources. – (a) There is

16-33

hereby transferred from the office of energy resources to the department of human services the

16-34

administration, management, all functions and resources associated with :

17-1

     (1) The federal low-income home energy assistance program (LIHEAP), which provides

17-2

heating assistance to eligible low-income persons and any state funded or privately funded

17-3

heating assistance program of a similar nature assigned to it for administration;

17-4

     (2) The weatherization assistance program, which offers home weatherization grants and

17-5

heating system upgrades to LIHEAP eligible households; and,

17-6

     (3) The emergency fuel program, which provides oil deliveries to families experiencing a

17-7

heating emergency.

17-8

     (b) The department is authorized to request advisory assistance from the office of energy

17-9

resources in order to maintain continuity of assistance provided to LIHEAP eligible households

17-10

pursuant to section 39-2-1(d).

17-11

     SECTION 11. Sections 23-82-3, 23-82-4 and 23-82-6 of the General Laws in Chapter 23-

17-12

82 entitled "Implementation of the Regional Greenhouse Gas Initiative Act" are hereby amended

17-13

to read as follows:

17-14

     23-82-3. Definitions. -- As used in this chapter:

17-15

      (1) "Allowance" means an authorization to emit a fixed amount of carbon dioxide;

17-16

      (2) "Department" means department of environmental management;

17-17

      (3) "Regional greenhouse gas initiative" or "RGGI" means the memorandum of

17-18

understanding (MOU) dated December 20, 2005, as may be amended, and corresponding model

17-19

rule, as may be amended, that establishes an electric power sector carbon emissions cap and trade

17-20

program.

17-21

      (4) "Office" means the office of energy resources; and

17-22

      (5) "Council" means the energy efficiency and resources management council.

17-23

     (6) "Board" means the renewable energy coordinating board established pursuant to

17-24

chapter 42-140.3.

17-25

     23-82-4. Regional greenhouse gas initiative implementation. -- (a) The department

17-26

shall, in consultation with the public utilities commission, the office, and the council, and board,

17-27

through rules and regulations, establish the state's rules for participation in RGGI.

17-28

      (b) The department's rules and regulations for participation in a carbon cap and trade

17-29

program shall be designed to meet the mutual understandings and commitments for participation

17-30

in RGGI, and permit the holders of carbon allowances to trade them in a regional market to be

17-31

established through the RGGI.

17-32

      (c) The department's rules and regulations shall ensure that the carbon allowances under

17-33

this program and the revenues associated with their sale are used exclusively for the purposes

17-34

contained in this legislation.

18-1

      (d)(c) The responsibilities created by implementing RGGI shall be in addition to all other

18-2

responsibilities imposed by any other general or special law or rule or regulation and shall not

18-3

diminish or reduce any power or authority of the department, including the authority to adopt

18-4

standards and regulations necessary for the state to join and fully participate in any multi-state

18-5

program, at any stage in the development and implementation of such a program, intended to

18-6

control emissions of carbon dioxide and/or other substances that are determined by the

18-7

department to be damaging and/or altering the climate.

18-8

     23-82-6. Use of auction or sale proceeds. -- (a) The proceeds from the auction or sale of

18-9

the allowances shall be used for the benefit of energy consumers through investment in the most

18-10

cost-effective available projects that can reduce long-term consumer energy demands and costs.

18-11

Such proceeds may be used only for the following purposes, in a proportion to be determined

18-12

annually by the office in consultation with the council and the department:

18-13

      (1) Promotion of cost-effective energy efficiency and conservation in order to achieve

18-14

the purposes of section 39-1-27.7;

18-15

      (2) Promotion of cost-effective renewable non-carbon emitting energy technologies in

18-16

Rhode Island as defined in Rhode Island general law section 39-26-5 and to achieve purposes of

18-17

chapter 39-26 entitled "Renewable Energy Standard";

18-18

      (3) Cost-effective direct rate relief for consumers;

18-19

      (4) Direct rate relief for low-income consumers;

18-20

      (5) Reasonable compensation to an entity selected to administer the auction or sale; and

18-21

      (6) Reasonable costs of the department and office in administering this program, which

18-22

shall not in any year exceed three hundred thousand dollars ($300,000) or five percent (5%) of

18-23

the proceeds from sale or auction of the allowances, whichever is less. Administrative funds not

18-24

expended in any fiscal year shall remain in the administrative account to be used as needed in

18-25

subsequent years. The office of energy resources shall have the ability to apply administrative

18-26

funds not used in a fiscal year to achieve the purpose of this section. The funds deposited into the

18-27

administrative funds account shall be exempt from the indirect cost recovery provisions of section

18-28

35-4-27.

18-29

      (b) Any interest earned on the funds so generated must be credited to the fund. Funds not

18-30

spent in any fiscal year shall remain in the fund to be used for future energy efficiency and carbon

18-31

reduction programs.

18-32

      (c) Annually, the office, in consultation with the department and the council and board,

18-33

shall prepare a draft proposal on how the proceeds from the allowances shall be allocated. The

18-34

draft proposal shall be designed to augment and coordinate with existing energy efficiency and

19-1

renewable energy low-income programs, and shall not propose use of auction proceeds for

19-2

projects already funded under other programs. The proposal for allocation of proceeds in

19-3

subsections 23-82-6(1), (2) and (3) shall be one that best achieves the purposes of the law,

19-4

namely, lowering carbon emissions and minimizing costs to consumers over the long term. The

19-5

office shall hold a public hearing and accept public comment on the draft proposal in accordance

19-6

with chapter 42-35 (the "Administrative Procedure Act"). Once the proposal is final, the

19-7

department office shall authorize the disbursement of funds in accordance with the final plan.

19-8

      (d) The office shall prepare, in consultation with the department and the council and

19-9

board, a report by January 1st April 15th of each year describing the implementation and operation

19-10

of RGGI, the revenues collected and the expenditures, including funds that were allocated to the

19-11

energy efficiency and renewable energy programs, and the individuals, businesses and vendors

19-12

that received funding, made under this section, the statewide energy efficiency and carbon

19-13

reduction programs, and any recommendations for changes to law relating to the state's energy

19-14

conservation or carbon reduction efforts. The report shall be made public and be posted

19-15

electronically on the website of the office of energy resources and shall also be submitted to the

19-16

general assembly.

19-17

     SECTION 12. Section 39-1-27.7 of the General Laws in Chapter 39-1 entitled "Public

19-18

Utilities Commission" is hereby amended to read as follows:

19-19

     39-1-27.7. System reliability and least-cost procurement. -- Least-cost procurement

19-20

shall comprise system reliability and energy efficiency and conservation procurement as provided

19-21

for in this section and supply procurement as provided for in section 39-1-27.8, as complementary

19-22

but distinct activities that have as common purpose meeting electrical and natural gas energy

19-23

needs in Rhode Island, in a manner that is optimally cost-effective, reliable, prudent and

19-24

environmentally responsible.

19-25

      (a) The commission shall establish not later than June 1, 2008, standards for system

19-26

reliability and energy efficiency and conservation procurement, which shall include standards and

19-27

guidelines for:

19-28

      (1) System reliability procurement, including but not limited to:

19-29

      (i) Procurement of energy supply from diverse sources, including, but not limited to,

19-30

renewable energy resources as defined in chapter 26 of this title;

19-31

      (ii) Distributed generation, including, but not limited to, renewable energy resources and

19-32

thermally leading combined heat and power systems, which is reliable and is cost-effective, with

19-33

measurable, net system benefits;

20-34

      (iii) Demand response, including, but not limited to, distributed generation, back-up

20-35

generation and on-demand usage reduction, which shall be designed to facilitate electric customer

20-36

participation in regional demand response programs, including those administered by the

20-37

independent service operator of New England ("ISO-NE") and/or are designed to provide local

20-38

system reliability benefits through load control or using on-site generating capability;

20-39

      (iv) To effectuate the purposes of this division, the commission may establish standards

20-40

and/or rates (A) for qualifying distributed generation, demand response, and renewable energy

20-41

resources; (B) for net-metering; (C) for back-up power and/or standby rates that reasonably

20-42

facilitate the development of distributed generation; and (D) for such other matters as the

20-43

commission may find necessary or appropriate.

20-44

      (2) Least-cost procurement, which shall include procurement of energy efficiency and

20-45

energy conservation measures that are prudent and reliable and when such measures are lower

20-46

cost than acquisition of additional supply, including supply for periods of high demand.

20-47

      (b) The standards and guidelines provided for by subsection (a) shall be subject to

20-48

periodic review and as appropriate amendment by the commission, which review will be

20-49

conducted not less frequently than every three (3) years after the adoption of the standards and

20-50

guidelines.

20-51

      (c) To implement the provisions of this section:

20-52

      (1) The commissioner of the office of energy resources and the energy efficiency and

20-53

resources management council, either or jointly or separately, shall provide the commission

20-54

findings and recommendations with regard to system reliability and energy efficiency and

20-55

conservation procurement on or before March 1, 2008, and triennially on or before March 1,

20-56

thereafter through March 1, 2017. The report shall be made public and be posted electronically on

20-57

the website to the office of energy resources.

20-58

      (2) The commission shall issue standards not later than June 1, 2008, with regard to

20-59

plans for system reliability and energy efficiency and conservation procurement, which standards

20-60

may be amended or revised by the commission as necessary and/or appropriate.

20-61

      (3) The energy efficiency and resources management council shall prepare by July 15,

20-62

2008, a reliability and efficiency procurement opportunity report which shall identify

20-63

opportunities to procure efficiency, distributed generation, demand response and renewables,

20-64

which report shall be submitted to the electrical distribution company, the commission, the office

20-65

of energy resources and the joint committee on energy.

20-66

      (4) Each electrical and natural gas distribution company shall submit to the commission

20-67

on or before September 1, 2008, and triennially on or before September 1, thereafter through

20-68

September 1, 2017, a plan for system reliability and energy efficiency and conservation

21-1

procurement. In developing the plan, the distribution company may seek the advice of the

21-2

commissioner and the council. The plan shall include measurable goals and target percentages for

21-3

each energy resource, pursuant to standards established by the commission, including efficiency,

21-4

distributed generation, demand response, combined heat and power, and renewables. The report

21-5

shall be made public and be posted electronically on the website to the office of energy resources,

21-6

and shall also be submitted to the general assembly.

21-7

      (5) The commission shall issue an order approving all energy efficiency measures that

21-8

are cost effective and lower cost than acquisition of additional supply, with regard to the plan

21-9

from the electrical and natural gas distribution company, and reviewed and approved by the

21-10

energy efficiency and resources management council, and any related annual plans, and shall

21-11

approve a fully reconciling funding mechanism to fund investments in all efficiency measures

21-12

that are cost effective and lower cost than acquisition of additional supply, not greater than sixty

21-13

(60) days after it is filed with the commission.

21-14

      (6) Each electrical and natural gas distribution company shall provide a status report,

21-15

which shall be public, on the implementation of least cost procurement on or before December

21-16

15, 2008, and on or before February 1, 2009, to the commission, the division, the commissioner

21-17

of the office of energy resources and the energy efficiency and resources management council

21-18

which may provide the distribution company recommendations with regard to effective

21-19

implementation of least cost procurement. The report shall include the targets for each energy

21-20

resource included in the order approving the plan and the achieved percentage for energy

21-21

resource, including the achieved percentages for efficiency, distributed generation, demand

21-22

response, combined heat and power, and renewables as well as the current funding allocations for

21-23

each eligible energy resource and the businesses and vendors in Rhode Island participating in the

21-24

programs. The report shall be posted electronically on the website of the office energy resources.

21-25

      (d) If the commission shall determine that the implementation of system reliability and

21-26

energy efficiency and conservation procurement has caused or is likely to cause under or over-

21-27

recovery of overhead and fixed costs of the company implementing said procurement, the

21-28

commission may establish a mandatory rate adjustment clause for the company so affected in

21-29

order to provide for full recovery of reasonable and prudent overhead and fixed costs.

21-30

      (e) The commission shall conduct a contested case proceeding to establish a performance

21-31

based incentive plan which allows for additional compensation for each electric distribution

21-32

company and each company providing gas to end-users and/or retail customers based on the level

21-33

of its success in mitigating the cost and variability of electric and gas services through

21-34

procurement portfolios.

22-1

     SECTION 13. Section 39-2-1.2 of the General Laws in Chapter 39-2 entitled "Duties of

22-2

Utilities and Carriers" is hereby amended to read as follows:

22-3

     39-2-1.2. Utility base rate -- Advertising, demand side management and renewables.

22-4

-- (a) In addition to costs prohibited in section 39-1-27.4(b), no public utility distributing or

22-5

providing heat, electricity, or water to or for the public shall include as part of its base rate any

22-6

expenses for advertising, either direct or indirect, which promotes the use of its product or

22-7

service, or is designed to promote the public image of the industry. No public utility may furnish

22-8

support of any kind, direct, or indirect, to any subsidiary, group, association, or individual for

22-9

advertising and include the expense as part of its base rate. Nothing contained in this section shall

22-10

be deemed as prohibiting the inclusion in the base rate of expenses incurred for advertising,

22-11

informational or educational in nature, which is designed to promote public safety conservation of

22-12

the public utility's product or service. The public utilities commission shall promulgate such rules

22-13

and regulations as are necessary to require public disclosure of all advertising expenses of any

22-14

kind, direct or indirect, and to otherwise effectuate the provisions of this section.

22-15

      (b) Effective as of January 1, 2008, and for a period of ten (10) years thereafter, each

22-16

electric distribution company shall include charges per kilowatt-hour delivered to fund demand

22-17

side management programs and 0.3 mills per kilowatt-hour delivered to fund renewable energy

22-18

programs. The electric distribution company shall establish and after July 1, 2007, maintain two

22-19

(2) separate accounts, one for demand side management programs, which shall be administered

22-20

and implemented by the distribution company, subject to the regulatory reviewing authority of the

22-21

commission, and one for renewable energy programs, which shall be administered by the

22-22

economic development corporation pursuant to section 42-64-13.2 and, shall be held and

22-23

disbursed by the distribution company as directed by the economic development corporation for

22-24

the purposes of developing, promoting and supporting renewable energy programs.

22-25

      During the ten (10) year period the commission may, in its discretion, after notice and

22-26

public hearing, increase the sums for demand side management and renewable resources;

22-27

thereafter, the commission shall, after notice and public hearing, determine the appropriate charge

22-28

for these programs. The office of energy resources and/or the administrator of the renewable

22-29

energy programs may seek to secure for the state an equitable and reasonable portion of

22-30

renewable energy credits or certificates created by private projects funded through those

22-31

programs. As used in this section, "renewable energy resources" shall mean: (1) power generation

22-32

technologies as defined in section 39-26-5, "eligible renewable energy resources", including off-

22-33

grid and on-grid generating technologies located in Rhode Island as a priority; (2) research and

22-34

development activities in Rhode Island pertaining to eligible renewable energy resources and to

23-1

other renewable energy technologies for electrical generation; or (3) projects and activities

23-2

directly related to implementing eligible renewable energy resources projects in Rhode Island.

23-3

Technologies for converting solar energy for space heating or generating domestic hot water may

23-4

also be funded through the renewable energy programs, so long as these technologies are installed

23-5

on housing projects that have been certified by the executive director of the Rhode Island housing

23-6

and mortgage finance corporation as serving low-income Rhode Island residents. Fuel cells may

23-7

be considered an energy efficiency technology to be included in demand sided management

23-8

programs. Special rates for low-income customers in effect as of August 7, 1996 shall be

23-9

continued, and the costs of all of these discounts shall be included in the distribution rates

23-10

charged to all other customers. Nothing in this section shall be construed as prohibiting an electric

23-11

distribution company from offering any special rates or programs for low-income customers

23-12

which are not in effect as of August 7, 1996, subject to the approval by the commission.

23-13

      (c) On or before November 15, 2008, the economic development corporation shall create

23-14

the municipal renewable energy investment program utilizing the lesser of fifty percent (50%) or

23-15

one million dollars ($1,000,000) collected annually from the .3 mils per kilo-watt hour charge for

23-16

renewable energy programs, to fund qualified municipal renewable energy projects in accordance

23-17

with this chapter and the following provisions:

23-18

      (1) The municipal renewable energy investment programs shall be administered pursuant

23-19

to rules established by the economic development corporation. Said rules shall provide

23-20

transparent criteria to rank qualified municipal renewable energy projects, giving consideration

23-21

to:

23-22

      (i) the feasibility of project completion;

23-23

      (ii) the anticipated amount of renewable energy the project will produce;

23-24

      (iii) the potential of the project to mitigate energy costs over the life of the project; and

23-25

      (iv) the estimated cost per kilo-watt hour (kwh) of the energy produced from the project.

23-26

Municipalities that have not previously received financing from this program shall be given

23-27

priority over those municipalities that have received funding under this program.

23-28

      (2) Beginning on January 1, 2009, the economic development corporation shall solicit

23-29

proposals from municipalities for eligible projects and shall award grants, in accordance with the

23-30

rules and ranking criteria, of no more than five hundred thousand dollars ($500,000) to each

23-31

eligible project.

23-32

      (3) Any funds not expended from the municipal renewable energy investment programs

23-33

in a given year shall remain in the fund and be added to the balance to be distributed in the next

23-34

award cycle. For the purposes of this section, qualified municipal renewable energy projects

24-1

means any project that produces renewable energy resources and whose output of power and

24-2

other attributes is controlled in its entirety by at least one Rhode Island city or town.

24-3

      (d) On or before November 15, 2008, the economic development corporation shall create

24-4

the nonprofit affordable housing renewable energy investment program utilizing the lesser of ten

24-5

percent (10%) or two hundred thousand dollars ($200,000) collected annually from the.3 mils per

24-6

kilo-watt hour charge for renewable energy programs to fund qualified nonprofit affordable

24-7

housing renewable energy projects in accordance with this chapter and the following provisions:

24-8

      (1) The nonprofit affordable housing renewable energy investment programs shall be

24-9

administered pursuant to rules established by the economic development corporation in

24-10

consultation with the Rhode Island housing mortgage finance corporation. Said rules shall

24-11

provide transparent criteria to rank qualified nonprofit affordable housing renewable energy

24-12

projects, giving consideration to:

24-13

      (i) the feasibility of project completion;

24-14

      (ii) the anticipated amount of renewable energy the project will produce;

24-15

      (iii) the potential of the project to mitigate energy costs over the life of the project; and

24-16

      (iv) the estimated cost per kilo-watt hour (kwh) of the energy produced from the project.

24-17

Nonprofit affordable housing agencies that have not previously received financing from this

24-18

program shall be given priority over those agencies that have received funding under this

24-19

program.

24-20

      (2) Beginning on January 1, 2009, the economic development corporation, in

24-21

consultation with the Rhode Island housing and mortgage finance corporation, shall solicit

24-22

proposals from eligible nonprofit housing agencies for renewable energy projects and shall award

24-23

grants, in accordance with the rules and ranking criteria. The economic development corporation

24-24

shall consult with the Rhode Island housing and mortgage finance corporation in the grant-

24-25

making process and shall notify the corporation of the awardees.

24-26

      (3) Any funds not expended from the affordable housing renewable energy investment

24-27

program in a given year shall remain in the fund and be added to the balance to be distributed in

24-28

the next award cycle. For the purposes of this section, "qualified nonprofit affordable housing

24-29

renewable energy projects" means any project that produces renewable energy resources and

24-30

whose output of power and other attributes is controlled in its entirety by at least one nonprofit

24-31

affordable housing development as defined in section 42-55-3 and is restricted to producing

24-32

energy for the nonprofit affordable housing development.

24-33

      (e)(d) The executive director of the economic development corporation is authorized and

24-34

may enter into a contract with a contractor for the cost effective administration of the renewable

25-1

energy programs funded by this section. A competitive bid and contract award for administration

25-2

of the renewable energy programs may occur every three (3) years and shall include as a

25-3

condition that after July 1, 2008 the account for the renewable energy programs shall be

25-4

maintained and administered by the economic development corporation as provided for in

25-5

subdivision (b) above.

25-6

      (f)(e) Effective January 1, 2007, and for a period of eleven (11) years thereafter, each gas

25-7

distribution company shall include, with the approval of the commission, a charge per deca therm

25-8

delivered to demand side management programs, including, but not limited to, programs for cost-

25-9

effective energy efficiency, energy conservation, combined heat and power systems, and

25-10

weatherization services for low income households.

25-11

      (g)(f) The gas company shall establish a separate account for demand side management

25-12

programs, which shall be administered and implemented by the distribution company, subject to

25-13

the regulatory reviewing authority of the commission. The commission may establish

25-14

administrative mechanisms and procedures that are similar to those for electric demand side

25-15

management programs administered under the jurisdiction of the commissions and that are

25-16

designed to achieve cost-effectiveness and high life-time savings of efficiency measures

25-17

supported by the program.

25-18

      (h)(g) The commission may, if reasonable and feasible, except from this demand side

25-19

management change:

25-20

      (i) gas used for distribution generation; and

25-21

      (ii) gas used for the manufacturing processes, where the customer has established a self-

25-22

directed program to invest in and achieve best effective energy efficiency in accordance with a

25-23

plan approved by the commission and subject to periodic review and approval by the

25-24

commission, which plan shall require annual reporting of the amount invested and the return on

25-25

investments in terms of gas savings.

25-26

      (i)(h) The commission may provide for the coordinated and/or integrated administration

25-27

of electric and gas demand side management programs in order to enhance the effectiveness of

25-28

the programs. Such coordinated and/or integrated administration may after March 1, 2009, upon

25-29

the recommendation of the office of energy resources, be through one or more third-party entities

25-30

designated by the commission pursuant to a competitive selection process.

25-31

      (j)(i) Effective January 1, 2007, the commission shall allocate from demand-side

25-32

management gas and electric funds authorized pursuant to this section 39-2-1.2, an amount not to

25-33

exceed two percent (2%) of such funds on an annual basis for the retention of expert consultants,

25-34

and reasonable administrations costs of the energy efficiency and resources management council

26-1

associated with planning, management, and evaluation of energy efficiency programs, renewable

26-2

energy programs and , system reliability least-cost procurement, and with regulatory proceedings,

26-3

contested cases, and other actions pertaining to the purposes, powers and duties of the council,

26-4

which allocation may by mutual agreement, be used in coordination with the office of energy

26-5

resources to support such activities.

26-6

     (j) Effective January 1, 2013, the commission shall allocate from administrative funding

26-7

amount allocated in (i) from the demand-side management program as described in subsection (f)

26-8

as followed: sixty percent (60%) for the purposes identified in subsection (i) and forty percent

26-9

(40%) annually to the office of energy resources for activities associated with planning

26-10

management, and evaluation of energy efficiency programs, renewable energy programs system

26-11

reliability, least-cost procurement, and with regulatory proceedings, contested cases, and other

26-12

actions pertaining to the purposes, powers and duties of the office of energy resources.

26-13

     (k) On April 15, of each year the office and the council shall submit to the governor, the

26-14

president of the senate, and the speaker of the house of representatives, separate financial and

26-15

performance reports regarding the demand-side management programs, including the specific

26-16

level of funds that were contributed by the residential, municipal, and commercial and industrial

26-17

sectors to the overall programs, the businesses, vendors, and institutions that received funding

26-18

from demand-side management gas and electric funds used for the purposes in section 39-2-1.2;

26-19

and the businesses, vendors, and institutions that received the administrative funds for the

26-20

purposes in sections 39-2-1.2(i) and 39-2-1.2(j). These reports shall be posted electronically on

26-21

the websites of the office of energy resources and the energy efficiency resources management

26-22

council.

26-23

     SECTION 14. Section 39-26-7 of the General Laws in Chapter 39-26 entitled

26-24

"Renewable Energy Standard" is hereby amended to read as follows:

26-25

     39-26-7. Renewable energy development fund. -- (a) There is hereby authorized and

26-26

created within the economic development corporation a renewable energy development fund for

26-27

the purpose of increasing the supply of NE-GIS certificates available for compliance in future

26-28

years by obligated entities with renewable energy standard requirements, as established in this

26-29

chapter. The fund shall be located at and administered by the Rhode Island economic

26-30

development corporation in accrodance accordance with section 42-64-13.2. The economic

26-31

development corporation shall:

26-32

      Adopt plans and guidelines for the management and use of the fund in accordance with

26-33

section 42-64-13.2, and

27-34

      (b) The economic development corporation shall enter into agreements with obligated

27-35

entities to accept alternative compliance payments, consistent with rules of the commission and

27-36

the purposes set forth in this section; and alternative compliance payments received pursuant to

27-37

this section shall be trust funds to be held and applied solely for the purposes set forth in this

27-38

section.

27-39

      (c) The uses of the fund shall include but not be limited to:

27-40

      (1) Stimulating investment in renewable energy development by entering into

27-41

agreements, including multi-year agreements, for renewable energy certificates;

27-42

     (2) Establishing and maintaining a residential renewable energy program using eligible

27-43

technologies in accordance the section 39-26-5;

27-44

     (3) Providing technical and financial assistance to municipalities for interconnection and

27-45

feasibility studies, and/or the installation of renewable energy projects;

27-46

     (2)(4) Issuing assurances and/or guarantees to support the acquisition of renewable

27-47

energy certificates and/or the development of new renewable energy sources for Rhode Island;

27-48

      (3)(5) Establishing escrows, reserves, and/or acquiring insurance for the obligations of

27-49

the fund;

27-50

      (4)(6) Paying administrative costs of the fund incurred by the economic development

27-51

corporation, the board of trustees, or the office of energy resources, not to exceed ten percent

27-52

(10%) of the income of the fund, including, but not limited to, alternative compliance payments.

27-53

All funds transferred from the economic development corporation to support the office of energy

27-54

resources' administrative costs shall be deposited as restricted receipts.

27-55

      (d) NE-GIS certificates acquired through the fund may be conveyed to obligated entities

27-56

or may be credited against the renewable energy standard for the year of the certificate provided

27-57

that the commission assesses the cost of the certificates to the obligated entity, or entities,

27-58

benefiting from the credit against the renewable energy standard, which assessment shall be

27-59

reduced by previously made alternative compliance payments and shall be paid to the fund.

27-60

     SECTION 15. Section 42-64-13.2 of the General Laws in Chapter 42-64 entitled "Rhode

27-61

Island Economic Development Corporation" is hereby amended to read as follows:

27-62

     42-64-13.2. Renewable energy investment coordination. -- (a) Intent. - To develop an

27-63

integrated organizational structure to secure for Rhode Island and its people the full benefits of

27-64

cost-effective renewable energy development from diverse sources.

27-65

      (b) Definitions. - For purposes of this section, the following words and terms shall have

27-66

the meanings set forth in RIGL 42-64-3 unless this section provides a different meaning. Within

27-67

this section, the following words and terms shall have the following meanings:

28-68

      (1) "Corporation" means the Rhode Island economic development corporation.

28-69

      (2) "Municipality" means any city or town, or other political subdivision of the state.

28-70

      (3) "Office" means the office of energy resources established by chapter 42-140.

28-71

      (c) Purpose. - The corporation is authorized to integrate the management of public funds

28-72

to promote the expansion and sound development of renewable energy resources by providing

28-73

coordinated and cost-effective use of funds from:

28-74

      (1) The renewable energy program of the demand side management program as set forth

28-75

in section 39-2-1.2; and

28-76

      (2) The renewable energy development fund of the renewable energy standard, as set

28-77

forth in chapter 39-26.

28-78

      (3) The office of energy resources from the sale of allowances under the greenhouse gas

28-79

initiative act to the extent available for renewable energy, as set forth in chapter 23-82.

28-80

      (d)(b) Renewable energy development fund. - The corporation shall, in the furtherance

28-81

of its responsibilities to promote and encourage economic development, establish and administer

28-82

a renewable energy development fund as provided for in section 39-26-7, may exercise the

28-83

powers set forth in this chapter, as necessary or convenient to accomplish this purpose, and shall

28-84

provide such administrative support as may be needed for the coordinated administration of the

28-85

renewable energy standard as provided for in chapter 39-26 and the renewable energy program

28-86

established by section 39-2-1.2. The corporation may upon the request of any person undertaking

28-87

a renewable energy facility project, grant project status to the project, and a renewable energy

28-88

facility project, which is given project status by the corporation, shall be deemed an energy

28-89

project of the corporation.

28-90

      (e)(c) Duties. - The corporation shall, with regards to renewable energy project

28-91

investment:

28-92

      (1) Establish by rule, in consultation with the office, standards for financing renewable

28-93

energy projects from diverse sources.

28-94

      (2) Enter into agreements, consistent with this chapter and renewable energy investment

28-95

plans adopted by the office, to provide support to renewable energy projects that meet applicable

28-96

standards established by the corporation. Said agreements may include contracts with

28-97

municipalities and public corporations.

28-98

      (f)(d) Conduct of activities.

28-99

      (1) To the extent reasonable and practical, the conduct of activities under the provisions

28-100

of this chapter shall be open and inclusive; the director shall seek, in addressing the purposes of

28-101

this chapter, to involve the research and analytic capacities of institutions of higher education

28-102

within the state, industry, advocacy groups, and regional entities, and shall seek input from

29-1

stakeholders including, but not limited to, residential and commercial energy users.

29-2

      (2) By January 1, 2009, the director shall adopt:

29-3

      (A) Goals for renewable energy facility investment which is beneficial, prudent, and

29-4

from diverse sources;

29-5

      (B) A plan for a period of five (5) years, annually upgraded as appropriate, to meet the

29-6

aforementioned goals; and

29-7

      (C) Standards and procedures for evaluating proposals for renewable energy projects in

29-8

order to determine the consistency of proposed projects with the plan.

29-9

      (g) Reporting. - On March 1, of each year after the effective date of this chapter, the

29-10

corporation shall submit to the governor, the president of the senate, the speaker of the house of

29-11

representatives, and the secretary of state, a financial and performance report. These reports shall

29-12

be posted electronically on the general assembly and the secretary of state's websites as

29-13

prescribed in section 42-20-8.2. The reports shall set forth:

29-14

      (1) The corporation's receipts and expenditures in each of the renewable energy program

29-15

funds administered in accordance with this section.

29-16

      (2) A listing of all private consultants engaged by the corporation on a contract basis and

29-17

a statement of the total amount paid to each private consultant from the two (2) renewable energy

29-18

funds administered in accordance with this chapter; a listing of any staff supported by these

29-19

funds, and a summary of any clerical, administrative or technical support received; and

29-20

      (3) A summary of performance during the prior year including accomplishments and

29-21

shortcomings; project investments, the cost-effectiveness of renewable energy investments by the

29-22

corporation; and recommendations for improvement.

29-23

     SECTION 16. Sections 42-140-3, 42-140-7 and 42-140-9 of the General Laws in Chapter

29-24

42-140 entitled "Rhode Island Energy Resources Act" are hereby amended to read as follows:

29-25

     42-140-3. Purposes. -- The purposes of the office shall be to:

29-26

      (1) Develop and put into effect plans and programs to promote, encourage, and assist the

29-27

provision of energy resources for Rhode Island in a manner that enhances economic well-being,

29-28

social equity, and environmental quality;

29-29

      (2) Monitor, forecast, and report on energy use, energy prices, and energy demand and

29-30

supply forecasts, and make findings and recommendations with regard to energy supply diversity,

29-31

reliability, and procurement, including least-cost procurement;

29-32

      (3) Develop and to put into effect plans and programs to promote, encourage and assist

29-33

the efficient and productive use of energy resources in Rhode Island, and to coordinate energy

29-34

programs for natural gas, electricity, and heating oil to maximize the aggregate benefits of

30-1

conservation and efficiency of investments;

30-2

      (4) Monitor and report technological developments that may result in new and/or

30-3

improved sources of energy supply, increased energy efficiency, and reduced environmental

30-4

impacts from energy supply, transmission and distribution;

30-5

      (5) Administer the programs, duties, and responsibilities heretofore exercised by the state

30-6

energy office, except as these may be assigned by executive order or the general laws to other

30-7

departments and agencies of state government;

30-8

      (6) Develop, recommend and, as appropriate, implement integrated and/or

30-9

comprehensive strategies, including at regional and federal levels, to secure Rhode Island's

30-10

interest in energy resources, their supply and efficient use, and as necessary to interact with

30-11

persons, private sector, non-profit, regional, federal entities and departments and agencies of

30-12

other states to effectuate this purpose;

30-13

      (7) Cooperate with agencies, departments, corporations, and entities of the state and of

30-14

political subdivisions of the state in achieving its purposes;

30-15

      (8) Cooperate with and assist the state planning council and the division of state planning

30-16

in developing, maintaining, and implementing state guide plan elements pertaining to energy and

30-17

renewable energy;

30-18

     (9) Coordinate the energy efficiency, renewable energy, least cost procurement, and

30-19

systems reliability plans and programs with the energy efficiency resource management council

30-20

and the renewable energy coordinating board;

30-21

     (10) Participate in, monitor implementation of, and provide technical assistance for the

30-22

low-income home energy assistance program enhancement plan established pursuant to section

30-23

39-1-27.12;

30-24

     (11) Participate in and monitor the distributed generation standard contracts program

30-25

pursuant to chapter 39-26-2;

30-26

     (12) Coordinate opportunities with and enter into contracts and/or agreements with the

30-27

economic development corporation associated with the energy efficiency, least-cost procurement,

30-28

system reliability, and renewable energy fund programs;

30-29

     (13) Provide support and information to the division of planning and the state planning

30-30

council in development a ten (10) year Rhode Island Energy Guide Plan, which shall be reviewed

30-31

and amended if necessary every five (5) years;

30-32

     (14) Provide funding support if necessary to the renewable energy coordinating board

30-33

and/or the advisory council to carry out the objectives pursuant to chapter 42-140-3;

31-34

      (9)(15) Administer, as assigned by law or executive order, state and federally funded or

31-35

authorized energy programs, which may include, but not be limited to Advise and provide

31-36

technical assistance to state and federally funded energy program to support:

31-37

      (i) The federal low-income home energy assistance program which provides heating

31-38

assistance to eligible low-income persons and any state funded or privately funded heating

31-39

assistance program of a similar nature assigned to it for administration;

31-40

      (ii) The weatherization assistance program which offers home weatherization grants and

31-41

heating system upgrades to eligible persons of low-income;

31-42

      (iii) The emergency fuel program which provides oil deliveries to families experiencing

31-43

a heating emergency;

31-44

      (iv) The energy conservation program, which offers service and programs to all sectors;

31-45

and

31-46

      (v) [Deleted by P.L. 2008, ch. 228, section 2, and P.L. 2008, ch. 422, section 2.]

31-47

      (10)(16) Advise the economic development corporation in the development of standards

31-48

and rules for the solicitation and award of renewable energy program investment funds in

31-49

accordance with section 42-64-13.2;

31-50

      (11)(17) Develop, recommend, and evaluate energy programs for state facilities and

31-51

operations in order to achieve and demonstrate the benefits of energy-efficiency, diversification

31-52

of energy supplies, energy conservation, and demand management; and

31-53

      (12)(18) Advise the governor and the general assembly with regard to energy resources

31-54

and all matters relevant to achieving the purposes of the office.

31-55

     42-140-7. Conduct of activities. -- (a) To the extent reasonable and practical, the

31-56

conduct of activities under the provisions of this chapter shall be open and inclusive; the

31-57

commissioner and the council shall seek in addressing the purposes of the office to involve the

31-58

research and analytic capacities of institutions of higher education within the state, industry,

31-59

advocacy groups, and regional entities, and shall seek input from stakeholders including, but not

31-60

limited to, residential and commercial energy users.

31-61

      (b) The commissioner shall transmit any unencumbered funds from the renewable

31-62

energy program under chapter 39-2 to the economic development corporation to be administered

31-63

in accordance with a the provisions of section 39-2-1.2.

31-64

     42-140-9. Adoption of rules. -- The commissioner shall have the authority to adopt,

31-65

amend, and implement such rules as may be necessary to desirable to effectuate the purposes of

31-66

this chapter. In any rule making by the commissioner, the commissioner shall consider as a matter

31-67

of record the advise advice of the energy resources council and the renewable energy

31-68

coordinating board.

32-1

     SECTION 17. The Administration shall submit to the Chairpersons of the House and

32-2

Senate Finance Committees by November 1, 2012, a plan to transfer the Rhode Island Public

32-3

Telecommunications Authority from state to private support as part of the FY 2014 budget

32-4

process and include any statutory language required to support the transaction.

32-5

     SECTION 18. Section 23-27.3-108.2 of the General Laws in Chapter 23-27.3 entitled

32-6

"State Building Code" is hereby amended to read as follows:

32-7

     23-27.3-108.2. State building commissioner's duties. -- (a) This code shall be enforced

32-8

by the state building commissioner as to any structures or buildings or parts thereof that are

32-9

owned or are temporarily or permanently under the jurisdiction of the state or any of its

32-10

departments, commissions, agencies, or authorities established by an act of the general assembly,

32-11

and as to any structures or buildings or parts thereof that are built upon any land owned by or

32-12

under the jurisdiction of the state.

32-13

      (b) Permit fees for the projects shall be established by the committee. The fees shall be

32-14

deposited as general revenues.

32-15

      (c)(1) The local cities and towns shall charge each permit applicant an additional .1

32-16

(.001) percent (levy) of the total construction cost for each permit issued. The levy shall be

32-17

limited to a maximum of fifty dollars ($50.00) for each of the permits issued for one and two (2)

32-18

family dwellings. This additional levy shall be transmitted monthly to the building commission at

32-19

the department of administration, and shall be used to staff and support the purchase or lease and

32-20

operation of a web-accessible service and/or system to be utilized by the state and municipalities

32-21

for uniform, statewide electronic plan review, permit management and inspection system and

32-22

other programs described in this chapter. The fee levy shall be deposited as general revenues.

32-23

     (2) On or before July 1, 2013, the building commissioner shall develop a standard

32-24

statewide process for electronic plan review, permit management and inspection.

32-25

     (3) On or before December 1, 2013, the building commissioner, with the assistance of the

32-26

office of regulatory reform, shall implement the standard statewide process for electronic plan

32-27

review, permit management and inspection. In addition, the building commissioner shall develop

32-28

a technology and implementation plan for a standard web-accessible service and/or system to be

32-29

utilized by the state and municipalities for uniform, statewide electronic plan review, permit

32-30

management and inspection.

32-31

      (d) The building commissioner shall, upon request by any state contractor described in

32-32

section 37-2-38.1, review, and when all conditions for certification have been met, certify to the

32-33

state controller that the payment conditions contained in section 37-2-38.1 have been met.

33-34

     (e) The building commissioner shall coordinate the development and implementation of

33-35

this section with the state fire marshal to assist with the implementation of section 23-28.2-6.

33-36

     (f) The building commissioner shall submit, in coordination with the state fire marshal, a

33-37

report to the governor and general assembly on or before April 1, 2013 and each April 1st

33-38

thereafter, providing the status of the web-accessible service and/or system implementation and

33-39

any recommendations for process or system improvement.

33-40

     SECTION 19. Section 23-28.2-6 of the General Laws in Chapter 23-28.2 entitled

33-41

"Division of Fire Safety" is hereby amended to read as follows:

33-42

     23-28.2-6. Additional powers and duties of fire marshal. -- In carrying out the

33-43

purposes of this chapter, the state fire marshal is authorized and directed:

33-44

      (1) To procure in his or her discretion as many deputy state fire marshals and assistant

33-45

deputy state fire marshals as needed, and the temporary or intermittent services of experts or

33-46

consultants or organizations thereof, by contract, when the services are to be performed on a part-

33-47

time or fee-for-service basis and do not involve the performance of administrative duties;

33-48

      (2) To enter into agreements for the utilization of the facilities and services of the

33-49

division of occupational safety, or its successors, to the extent that he or she considers it desirable

33-50

to effectuate the purposes of this chapter, and to enter into agreements for the utilization of the

33-51

facilities and services of other departments, agencies, and institutions, public or private;

33-52

      (3) To accept on behalf of the state and to deposit with the general treasurer any grant,

33-53

gift, or contribution made to assist in meeting the cost of carrying out the purposes of this code,

33-54

and to expend the same for such purposes;

33-55

      (4) To supervise or conduct any fire safety inspections required by any other state or

33-56

federal agencies;

33-57

      (5) To formulate, coordinate, implement, or cause implementation of, appropriate

33-58

education and training programs relating to fire fighting training, fire prevention, fire protection,

33-59

fire inspection, and fire investigation.

33-60

     (6) To support, in coordination with the state building commissioner and the office of

33-61

regulatory reform, the purchase or lease and operation of a web-accessible service and/or system

33-62

to be utilized by the state and municipalities for a uniform, statewide electronic plan review,

33-63

permit management and inspection system and other programs described in this chapter.

33-64

     (7) To coordinate with the state building commissioner on the submission of a report to

33-65

the governor and general assembly on or before April 1, 2013 and each April 1st thereafter,

33-66

providing the status of the web-accessible service and/or system implementation and any

33-67

recommendations for process or system improvement.

34-68

     SECTION 20. Section 42-64.13-7 of the General Laws in Chapter 42-64.13 entitled

34-69

"Rhode Island Regulatory Reform Act" is hereby amended to read as follows:

34-70

     42-64.13-7. Powers of the office of regulatory reform. -- The office of regulatory

34-71

reform shall have the following powers:

34-72

      (1) The director of the office of regulatory reform is authorized to intervene or otherwise

34-73

participate in any regulatory or permitting matter pending before any executive branch agency or

34-74

department or before any municipal board, commission, agency or subdivision thereof at which a

34-75

regulatory or permitting matter is pending for the expressed net benefit of a business. The director

34-76

of the office of regulatory reform may so intervene or otherwise participate in such pending

34-77

regulatory and permitting matters by providing written notice to the director of any department or

34-78

state agency in the executive branch, or the chairman or presiding officer over any municipal

34-79

department or subdivision thereof at which a regulatory or permitting matter is pending, that the

34-80

director of the office of regulatory reform is so intervening or otherwise participating in such

34-81

regulatory or permitting matter pending before such department, agency, board or commission.

34-82

The director of the office of regulatory reform shall be considered a party to the action and shall

34-83

be provided reasonable notice of any and all administrative hearings or meetings involving the

34-84

parties in such matter and shall be the opportunity to participate in such meetings, hearings or

34-85

other administrative procedures of such entity, of which such opportunity may be waived only by

34-86

writing from the director of the office of regulatory reform, for the purpose of assuring the

34-87

efficient and consistent implementation of rules and regulations in order to foster the creation and

34-88

retention of jobs in Rhode Island or otherwise foster economic development in Rhode Island

34-89

consistent with the purposes of this act. Any intervention or participation by the director of the

34-90

office of regulatory reform, other than in contested cases, shall not be deemed to violate the

34-91

provisions of the Rhode Island administrative procedures act at Title 42, Chapter 35 of the

34-92

general laws. Provided, however, all contested cases shall be conducted in accordance with the

34-93

provisions for hearings of contested cases in the administrative procedures act, Title 42, Chapter

34-94

35, of the general laws. As used in this section, the term "contested case" means a proceeding in

34-95

which conflicting rights between adverse parties are required by law to be determined in an

34-96

adversary proceeding that is judicial or quasi-judicial in nature, and not purely administrative in

34-97

character, before and/or by an agency.

34-98

      (2) Promptly upon such intervention as set forth in subdivision (1) above, the director of

34-99

the office of regulatory reform shall publish its rationale for its intervention in such pending

34-100

regulatory or permitting matter. The director of the office of regulatory reform may so intervene

34-101

upon findings that:

35-102

      (i) That the pending, regulatory or permitting action, in and of itself or as part of a

35-103

regulatory process, has significant economic development impact upon the state or any

35-104

municipality herein; and

35-105

      (ii) The pending regulatory or permitting matter, in and of itself or as part of a regulatory

35-106

process, has significant impact on any industry, trade, profession or business that provides

35-107

significant jobs or other significant economic development impact, including municipal and state

35-108

taxes or other revenues, to the state or its citizens.

35-109

      (iii) The office of regulatory reform shall upon the conclusion of each fiscal quarter

35-110

promptly provide to the office of the governor and the general assembly through the offices of the

35-111

president of the senate and the speaker of the house of representatives a written report identifying:

35-112

      (A) All matters in which the director of the office of regulatory reform intervened;

35-113

      (B) The rationale for his or her intervention;

35-114

      (C) The status of the pending regulatory or permitting matter; and

35-115

      (D) Any observations or recommendations from the director of the office of regulatory

35-116

reform with respect to such regulatory or permitting policies or procedures relating to the subject

35-117

matter of such pending regulatory or permitting matters in which the director so intervened.

35-118

      (3) The office of regulatory reform is authorized to appear as an amicus curiae in any

35-119

legal proceeding relating to any matter.

35-120

     (4) The office of regulatory reform is authorized to coordinate with and support the

35-121

building commissioner and fire marshal in the development and implementation of a standard

35-122

statewide process for electronic plan review, permit management and inspection.

35-123

     SECTION 21. Section 42-17.1-17 of the General Laws in Chapter 42-17.1 entitled

35-124

"Department of Environmental Management" is hereby amended to read as follows:

35-125

     42-17.1-17. Transfer of powers and functions from department of environmental

35-126

management. -- (a) There are hereby transferred to the department of administration:

35-127

      (1) Those functions of the department of environmental management which were

35-128

administered through or with respect to departmental programs in the performance of strategic

35-129

planning as defined in section 42-11-10(c);

35-130

      (2) All officers, employees, agencies, advisory councils, committees, commissions, and

35-131

task forces of the department of environmental management who were performing strategic

35-132

planning functions as defined in section 42-11-10(c); and

35-133

      (3) So much of other functions or parts of functions and employees and resources,

35-134

physical and funded, related thereto of the director of environmental management as are

35-135

incidental to and necessary for the performance of the functions transferred by subdivisions (1)

35-136

and (2).

36-1

      (b) There are hereby transferred to the department of public safety dispatch functions of

36-2

the division of enforcement of the department of environmental management.

36-3

      (c) In order that there is no interruption in the dispatch functions of the division of

36-4

enforcement, the actual transfer of the dispatch functions, corresponding resources, and personnel

36-5

to the department of public safety, may be postponed until such time, as determined by the

36-6

director of public safety, that the transfer provided herein may be best put into force and effect,

36-7

but shall occur no later than January 1, 2012 and shall be reflected in the FY 2012 supplemental

36-8

budget submission.

36-9

     SECTION 22. This article shall take effect upon passage.

Article-004-SUB-A

=======

art.005/4/005/3/005/2/005/1

=======

1-1

ARTICLE 5

1-2

RELATING TO CAPITAL DEVELOPMENT PROGRAM

1-3

     SECTION 1. Proposition to be submitted to the people. -- At the general election to be

1-4

held on the Tuesday next after the first Monday in November 2012, there shall be submitted to

1-5

the people for their approval or rejection the following proposition:

1-6

     "Shall the action of the general assembly, by an act passed at the January 2012 session,

1-7

authorizing the issuance of bonds, refunding bonds, and temporary notes of the state for the

1-8

capital projects and in the amount with respect to each such project listed below be approved, and

1-9

the issuance of bonds, refunding bonds, and temporary notes authorized in accordance with the

1-10

provisions of said act?"

1-11

     Project

1-12

     (1) Higher Education Facilities $50,000,000

1-13

     Approval of this question will allow the State of Rhode Island to issue general obligation

1-14

bonds, refunding bonds, and temporary notes in an amount not to exceed fifty million dollars

1-15

($50,000,000) for renovations and modernization of academic buildings at Rhode Island College

1-16

including renovation, upgrade and expansion of health and nursing facilities on the campus of

1-17

Rhode Island College.

1-18

     (2) Veterans' Home…………………………… ………………..$94,000,000

1-19

     Approval of this question will allow the State of Rhode Island to issue general obligation

1-20

bonds, refunding bonds and temporary notes in an amount not to exceed ninety-four million

1-21

dollars ($94,000,000) for the construction of a new Veterans' Home and renovations to existing

1-22

facilities. Any funding amount from federal sources received for these purposes will be used to

1-23

reduce the amount of borrowed funds.

1-24

     (3) Clean Water Finance Agency $20,000,000

1-25

     Approval of this question will authorize the State of Rhode Island to issue general

1-26

obligation bonds, refunding bonds, and temporary notes in an amount not to exceed twelve

1-27

million dollars ($12,000,000) to be leveraged with federal and state capitalization grants to

1-28

finance wastewater infrastructure projects and eight million dollars ($8,000,000) to be leveraged

1-29

with federal and state capitalization grants to finance drinking water infrastructure projects.

1-30

     (4) Environmental Management $20,000,000

2-31

     Approval of this question will allow the State of Rhode Island to issue general obligation

2-32

bonds, refunding bonds, and temporary notes for environmental and recreational purposes to be

2-33

allotted as follows:

2-34

     (a) Narragansett Bay and Watershed Restoration $4,000,000

2-35

     Provides funds for activities to restore and protect the water quality and enhance the

2-36

economic viability and environmental sustainability of Narragansett Bay and the state’s

2-37

watersheds. Eligible activities include: nonpoint source pollution abatement, including

2-38

stormwater management; nutrient loading abatement; commercial, industrial and agricultural

2-39

pollution abatement; and riparian buffer and watershed ecosystem restoration.

2-40

     (b) State Land Acquisition – Open Space $2,500,000

2-41

     Provides funds for the purchase of land, development rights and conservation easements

2-42

in Rhode Island. This program acquires recreational and open space lands for the State of Rhode

2-43

Island in accordance with the Rhode Island Comprehensive Outdoor Recreation Plan, Land

2-44

Protection Plan, and the Rhode Island Greenspace 2000 plan.

2-45

     (c) Farmland Development Rights $4,500,000

2-46

     Provides funds for the purchase of agricultural development rights to active farms in

2-47

Rhode Island. The State purchases the development rights to farms to eliminate the economic

2-48

pressure on farmers to sell properties for residential and commercial development. The

2-49

Agricultural Land Preservation Commission accepts and evaluates farmland applications for these

2-50

funds.

2-51

     (d) Local Land Acquisition Grants $2,500,000

2-52

     Provides funds for grants to municipalities, local land trusts and non-profit organizations

2-53

to acquire fee-simple title, development rights, or conservation easements to open space in Rhode

2-54

Island. The grants provide funding up to fifty percent (50%) of the purchase price for land,

2-55

surveys, appraisals and title costs. The grant applications are reviewed and evaluated by the

2-56

Governor’s Natural Heritage Preservation Commission according to the program guidelines.

2-57

     (e) Local Recreation Grants $5,500,000

2-58

     Provides grants to municipalities for acquisition, development, or rehabilitation of local

2-59

recreational facilities. These grants provide funding assistance up to fifty percent (50%) of the

2-60

project costs. All grant applications are evaluated and ranked by the State Recreation Resources

2-61

Review Committee.

2-62

     (f) Historic/Passive Parks $1,000,000

2-63

     Provides grants to municipalities for the renovation and development of historic and

2-64

passive recreation areas. The grants provide funding assistance of up to ninety percent (90%) of

2-65

the project costs. All grant applications are evaluated and ranked by the State Recreation

3-1

Resources Review Committee.

3-2

      (5) Affordable Housing $25,000,000

3-3

     Approval of this question will allow the State of Rhode Island to issue general obligation

3-4

bonds, refunding bonds, and temporary notes in an amount not to exceed twenty-five million

3-5

dollars ($25,000,000) for affordable housing.

3-6

     SECTION 2. Ballot labels and applicability of general election laws. -- The secretary

3-7

of state shall prepare and deliver to the state board of elections ballot labels for each of the

3-8

projects provided for in Section 1 hereof with the designations "approve" or "reject" provided

3-9

next to the description of each such project to enable voters to approve or reject each such

3-10

proposition. The general election laws, so far as consistent herewith, shall apply to this

3-11

proposition.

3-12

     SECTION 3. Approval of projects by people. -- If a majority of the people voting on

3-13

the proposition provided for in Section 1 hereof shall vote to approve the proposition as to any

3-14

project provided for in Section 1 hereof, said project shall be deemed to be approved by the

3-15

people. The authority to issue bonds, refunding bonds and temporary notes of the state shall be

3-16

limited to the aggregate amount for all such projects as set forth in the proposition provided for in

3-17

section 1 hereof which has been approved by the people.

3-18

     SECTION 4. Bonds for capital development program. -- The general treasurer is

3-19

hereby authorized and empowered with the approval of the governor and in accordance with the

3-20

provisions of this act, to issue from time to time capital development bonds in serial form in the

3-21

name and on behalf of the state in amounts as may be specified from time to time by the governor

3-22

in an aggregate principal amount not to exceed the total amount for all projects approved by the

3-23

people and designated as "capital development loan of 2012 bonds" provided, however, that the

3-24

aggregate principal amount of such capital development bonds and of any temporary notes

3-25

outstanding at any one time issued in anticipation thereof pursuant to Section 7 hereof shall not

3-26

exceed the total amount for all such projects as have been approved by the people. All provisions

3-27

in this act relating to "bonds" shall also be deemed to apply to "refunding bonds".

3-28

     Capital development bonds issued under this act shall be in denominations of one

3-29

thousand dollars ($1,000) each, or multiples thereof, and shall be payable in any coin or currency

3-30

of the United States which at the time of payment shall be legal tender for public and private

3-31

debts. These capital development bonds shall bear such date or dates, mature at specified time or

3-32

times, but not beyond the end of the twentieth state fiscal year following the state fiscal year in

3-33

which they are issued, bear interest payable semi-annually at a specified rate or different or

3-34

varying rates, be payable at designated time or times at specified place or places, be subject to

4-1

expressed terms of redemption or recall, with or without premium, be in a form, with or without

4-2

interest coupons attached, carry such registration, conversion, reconversion, transfer, debt

4-3

retirement, acceleration and other provisions as may be fixed by the general treasurer, with the

4-4

approval of the governor, upon each issue of such capital development bonds at the time of each

4-5

issue. Whenever the governor shall approve the issuance of such capital development bonds, he

4-6

or she shall certify approval to the secretary of state; the bonds shall be signed by the general

4-7

treasurer and countersigned by the manual or facsimile signature of the secretary of state and

4-8

shall bear the seal of the state or a facsimile thereof. The approval of the governor shall be

4-9

endorsed on each bond so approved with a facsimile of his or her signature.

4-10

     SECTION 5. Refunding bonds for 2012 capital development program. -- The general

4-11

treasurer is hereby authorized and empowered, with the approval of the governor and in

4-12

accordance with the provisions of this act, to issue from time to time bonds to refund the 2012

4-13

capital development program bonds in the name and on behalf of the state, in amounts as may be

4-14

specified from time to time by the governor in an aggregate principal amount not to exceed the

4-15

total amount approved by the people, to be designated as "capital development program loan of

4-16

2012 refunding bonds" (hereinafter "refunding bonds").

4-17

     The general treasurer with the approval of the governor shall fix the terms and form of

4-18

any refunding bonds issued under this act in the same manner as the capital development bonds

4-19

issued under this act, except that the refunding bonds may not mature more than twenty (20)

4-20

years from the date of original issue of the capital development bonds being refunded.

4-21

     The proceeds of the refunding bonds, exclusive of any premium and accrual interest and

4-22

net the underwriters’ cost, and cost of bond insurance, shall, upon their receipt, be paid by the

4-23

general treasurer immediately to the paying agent for the capital development bonds which are to

4-24

be called and prepaid. The paying agent shall hold the refunding bond proceeds in trust until they

4-25

are applied to prepay the capital development bonds. While such proceeds are held in trust, they

4-26

may be invested for the benefit of the state in obligations of the United States of America or the

4-27

State of Rhode Island.

4-28

     If the general treasurer shall deposit with the paying agent for the capital development

4-29

bonds the proceeds of the refunding bonds or proceeds from other sources amounts that, when

4-30

invested in obligations of the United States or the State of Rhode Island, are sufficient to pay all

4-31

principal, interest, and premium, if any, on the capital development bonds until these bonds are

4-32

called for prepayment, then such capital development bonds shall not be considered debts of the

4-33

State of Rhode Island for any purpose from the date of deposit of such moneys with the paying

4-34

agent. The refunding bonds shall continue to be a debt of the state until paid.

5-1

     The term "bond" shall include "note", and the term "refunding bonds" shall include

5-2

"refunding notes" when used in this act.

5-3

     SECTION 6. Proceeds of capital development program. -- The general treasurer is

5-4

directed to deposit the proceeds from the sale of capital development bonds issued under this act,

5-5

exclusive of premiums and accrued interest and net the underwriters’ cost, and cost of bond

5-6

insurance, in one or more of the depositories in which the funds of the state may be lawfully kept

5-7

in special accounts (hereinafter cumulatively referred to as "such capital development bond

5-8

fund") appropriately designated for each of the projects set forth in Section 1 hereof which shall

5-9

have been approved by the people to be used for the purpose of paying the cost of all such

5-10

projects so approved.

5-11

     All monies in the capital development bond fund shall be expended for the purposes

5-12

specified in the proposition provided for in Section 1 hereof under the direction and supervision

5-13

of the director of administration (hereinafter referred to as "director"). The director or his or her

5-14

designee shall be vested with all power and authority necessary or incidental to the purposes of

5-15

this act, including but not limited to, the following authority: (a) to acquire land or other real

5-16

property or any interest, estate or right therein as may be necessary or advantageous to

5-17

accomplish the purposes of this act; (b) to direct payment for the preparation of any reports, plans

5-18

and specifications, and relocation expenses and other costs such as for furnishings, equipment

5-19

designing, inspecting and engineering, required in connection with the implementation of any

5-20

projects set forth in Section 1 hereof; (c) to direct payment for the costs of construction,

5-21

rehabilitation, enlargement, provision of service utilities, and razing of facilities, and other

5-22

improvements to land in connection with the implementation of any projects set forth in section 1

5-23

hereof; and (d) to direct payment for the cost of equipment, supplies, devices, materials and labor

5-24

for repair, renovation or conversion of systems and structures as necessary for 2012 capital

5-25

development program bonds or notes hereunder from the proceeds thereof. No funds shall be

5-26

expended in excess of the amount of the capital development bond fund designated for each

5-27

project authorized in Section 1 hereof. With respect to the bonds and temporary notes described

5-28

in section 1, the proceeds shall be utilized for the following purposes:

5-29

     Question 1 relating to bonds in the amount of fifty million dollars ($50,000,000) for

5-30

Higher Education shall be allocated as follows:

5-31

     Infrastructure Modernization at Rhode Island College $50,000,000

5-32

     Provides funds for modernization and renovation of academic buildings on the Rhode

5-33

Island College campus including renovation, upgrade and expansion of health and nursing

5-34

facilities on the campus of Rhode Island College.

6-1

     Question 2 relating to bonds in the amount of ninety-four million dollars ($94,000,000) to

6-2

be provided to the department of human services to provide funding for the construction of a new

6-3

veterans' home as well as renovations to existing facilities. The project is planned to be completed

6-4

over a ten-year period, beginning with the new veterans' home facility, followed by renovations

6-5

to existing facilities.

6-6

     Question 3 relating to bonds in the amount of twenty million dollars ($20,000,000) for

6-7

the Clean Water Finance Agency to be allocated as follows:

6-8

     (a) Clean Water State Revolving Loan Fund $12,000,000

6-9

     Provides funds for water pollution abatement projects structured as low-interest,

6-10

subsidized loans for local governmental units to finance approved water pollution abatement

6-11

projects.

6-12

     (b) Drinking Water State Revolving Loan Fund $8,000,000

6-13

     Provides funds for drinking water projects structured as low-interest, subsidized loans for

6-14

local governmental units and privately organized water suppliers to finance approved drinking

6-15

water projects.

6-16

     Question 4 relating to bonds in the amount of twenty million dollars ($20,000,000) for

6-17

environmental and recreational purposes to be allocated as follows:

6-18

     (a) Narragansett Bay and Watershed Restoration $4,000,000

6-19

     Provides funds for activities to restore and protect the water quality and enhance the

6-20

economic viability and environmental sustainability of Narragansett Bay and the state’s

6-21

watersheds.

6-22

     (b) State Land Acquisition – Open Space $2,500,000

6-23

     Provides funds for the purchase of land, development rights, and conservation easements

6-24

in Rhode Island.

6-25

     (c) Farmland Development Rights $4,500,000

6-26

     Provides funds for the purchase of agricultural development rights to active farms in

6-27

Rhode Island.

6-28

     (d) Local Land Acquisition Grants $2,500,000

6-29

     Provides funds for grants to municipalities, local land trusts, and non-profit organizations

6-30

to acquire fee-simple title, development rights, or conservation easements to open space in Rhode

6-31

Island.

6-32

     (e) Local Recreation Grants $5,500,000

6-33

     Provides grants to municipalities for acquisition, development, or rehabilitation of local

6-34

recreation facilities.

7-1

     (f) Historic/Passive Parks $1,000,000

7-2

     Provides grants to municipalities for the renovation or development of historic and

7-3

passive recreation areas.

7-4

     Question 5 relating to bonds in the amount of twenty-five million dollars ($25,000,000)

7-5

for Affordable Housing.

7-6

     Provides funding to the Housing Resources Commission to provide state funds to

7-7

promote affordable housing through redevelopment of existing structures, or new construction.

7-8

SECTION 7. Sale of bonds and notes. -- Any bonds or notes issued under the authority

7-9

of this act shall be sold from time to time at not less than the principal amount thereof, in such

7-10

mode and on such terms and conditions as the general treasurer, with the approval of the

7-11

governor, shall deem to be for the best interests of the state.

7-12

     Any premiums and accrued interest, net of the cost of bond insurance and underwriters

7-13

discount, that may be received on the sale of the capital development bonds or notes shall become

7-14

part of the Rhode Island Capital Fund of the state, unless directed by federal law or regulation to

7-15

be used for some other purpose.

7-16

     In the event that the amount received from the sale of the capital development bonds or

7-17

notes exceeds the amount necessary for the purposes stated in section 6 hereof, the surplus may

7-18

be used to the extent possible to retire the bonds as the same may become due, to redeem them in

7-19

accordance with the terms thereof or otherwise to purchase them as the general treasurer, with the

7-20

approval of the governor, shall deem to be for the best interests of the state.

7-21

     Any bonds or notes issued under the provisions of this act and coupons on any capital

7-22

development bonds, if properly executed by the manual or facsimile signatures of officers of the

7-23

state in office on the date of execution shall be valid and binding according to their tenor,

7-24

notwithstanding that before the delivery thereof and payment therefor, any or all such officers

7-25

shall for any reason have ceased to hold office.

7-26

     SECTION 8. Bonds and notes to be tax exempt and general obligations of the state. -

7-27

All bonds and notes issued under the authority of this act shall be exempt from taxation in the

7-28

state and shall be general obligations of the state, and the full faith and credit of the state is hereby

7-29

pledged for the due payment of the principal and interest on each of such bonds and notes as the

7-30

same shall become due.

7-31

     SECTION 9. Investment of monies in fund. -- All moneys in the capital development

7-32

fund not immediately required for payment pursuant to the provisions of this act may be invested

7-33

by the investment commission, as established by chapter 35-10, pursuant to the provisions of such

7-34

chapter; provided, however, that the securities in which the capital development fund is invested

8-1

shall remain a part of the capital development fund until exchanged for other securities; and

8-2

provided further, that the income from investments of the capital development fund shall become

8-3

a part of the general fund of the state and shall be applied to the payment of debt service charges

8-4

of the state, unless directed by federal law or regulation to be used for some other purpose, or to

8-5

the extent necessary, to rebate to the United States treasury any income from investments

8-6

(including gains from the disposition of investments) of proceeds of bonds or notes to the extent

8-7

deemed necessary to exempt (in whole or in part) the interest paid on such bonds or notes from

8-8

federal income taxation.

8-9

     SECTION 10. Appropriation. -- To the extent the debt service on these bonds is not

8-10

otherwise provided, a sum sufficient to pay the interest and principal due each year on bonds and

8-11

notes hereunder is hereby annually appropriated out of any money in the treasury not otherwise

8-12

appropriated.

8-13

     SECTION 11. Advances from general fund. -- The general treasurer is authorized from

8-14

time to time with the approval of the director and the governor, in anticipation of the issue of

8-15

notes or bonds under the authority of this act, to advance to the capital development bond fund for

8-16

the purposes specified in Section 6 hereof, any funds of the state not specifically held for any

8-17

particular purpose; provided, however, that all advances made to the capital development bond

8-18

fund shall be returned to the general fund from the capital development bond fund forthwith upon

8-19

the receipt by the capital development fund of proceeds resulting from the issue of notes or bonds

8-20

to the extent of such advances.

8-21

     SECTION 12. Federal assistance and private funds. -- In carrying out this act, the

8-22

director, or his or her designee, is authorized on behalf of the state, with the approval of the

8-23

governor, to apply for and accept any federal assistance which may become available for the

8-24

purpose of this act, whether in the form of loan or grant or otherwise, to accept the provision of

8-25

any federal legislation therefor, to enter into, act and carry out contracts in connection therewith,

8-26

to act as agent for the federal government in connection therewith, or to designate a subordinate

8-27

so to act. Where federal assistance is made available, the project shall be carried out in

8-28

accordance with applicable federal law, the rules and regulations thereunder and the contract or

8-29

contracts providing for federal assistance, notwithstanding any contrary provisions of state law.

8-30

Subject to the foregoing, any federal funds received for the purposes of this act shall be deposited

8-31

in the capital development bond fund and expended as a part thereof. The director or his or her

8-32

designee may also utilize any private funds that may be made available for the purposes of this

8-33

act.

9-34

     SECTION 13. Effective Date. -- Sections 1, 2 and 3 of this article shall take effect upon

9-35

passage. The remaining sections of this article shall take effect if and when the state board of

9-36

elections shall certify to the secretary of state that a majority of the qualified electors voting on

9-37

the propositions contained in section 1 hereof have indicated their approval of all or any projects

9-38

thereunder.

Article-005-SUB-A

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art.006/1

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1-1

ARTICLE 6

1-2

RELATING TO BOND PREMIUMS

1-3

     SECTION 1. Section 7 of Chapter 246 of the Public Laws, enacted in Article 5 of 06-H-

1-4

7120 Sub A as amended and approved on June 29, 2006, is hereby amended to read as follows:

1-5

     SECTION 7. Sale of bonds and notes. -- Any bonds or notes issued under the authority of

1-6

this act shall be sold from time to time at not less than the principal amount thereof, in such mode

1-7

and on such terms and conditions as the general treasurer, with the approval of the governor, shall

1-8

deem to be for the best interests of the state.

1-9

     Any premiums and accrued interest, net of the cost of bond insurance and underwriters

1-10

discount, that may be received on the sale of the capital development bonds or notes shall become

1-11

part of the general fund Rhode Island Capital Fund of the state and shall be applied to the

1-12

payment of debt service charges of the state, unless directed by federal law or regulation to be

1-13

used for some other purpose.

1-14

     In the event that the amount received from the sale of the capital development bonds or

1-15

notes exceeds the amount necessary for the purposes stated in section 6 hereof, the surplus may

1-16

be used to the extent possible to retire the bonds as the same may become due, to redeem them in

1-17

accordance with the terms thereof or otherwise to purchase them as the general treasurer, with the

1-18

approval of the governor, shall deem to be for the best interests of the state.

1-19

     Any bonds or notes issued under the provisions of this act and coupons on any capital

1-20

development bonds, if properly executed by the manual or facsimile signatures of officers of the

1-21

state in office on the date of execution shall be valid and binding according to their tenor,

1-22

notwithstanding that before the delivery thereof and payment therefor, any or all such officers

1-23

shall for any reason have ceased to hold office.

1-24

     SECTION 2. This article shall take effect upon passage.

Article-006-SUB-A

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art.007/6/007/5/007/4/007/3/007/2/007/1

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1-1

ARTICLE 7

1-2

RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS

1-3

     SECTION 1. This article consists of joint resolutions that are submitted pursuant to

1-4

Rhode Island General Laws § 35-18-1, et seq.

1-5

     SECTION 2. Information Technology Improvements.

1-6

     WHEREAS, The division of taxation is the primary revenue collecting agency for the

1-7

State of Rhode Island, administering fifty-seven (57) different tax/fee types and collecting nearly

1-8

three billion dollars per year. Currently an assortment of software systems is being utilized to

1-9

administer these taxes and fees. The most critical of these systems is built on forty (40) year old

1-10

technology that is increasingly difficult and expensive to use and maintain; and

1-11

     WHEREAS, Recognizing the need to better serve the citizens of Rhode Island and the

1-12

need to modernize its technology, and to support related tax enforcement activities, the State of

1-13

Rhode Island and the division of taxation would benefit from the acquisition of a modern

1-14

integrated tax system that would centralize all taxpayer information in one computer system; and

1-15

     WHEREAS, The State of Rhode Island is actively reforming its education system by,

1-16

among other initiatives, developing enterprise data systems that will offer five platforms,

1-17

including the instruction management system and the educator evaluation system. These data

1-18

systems will provide an unprecedented level of student and teacher data to track student, teacher,

1-19

and school performance and address the student achievement gaps; and

1-20

     WHEREAS, Rhode Island’s local education agencies (“LEAs”), districts, charter schools

1-21

and state schools need to upgrade their existing technology infrastructure in order to provide

1-22

twenty-first century technology-based learning, including e-learning opportunities, on-line

1-23

textbooks, and on-line assessments. In addition, several LEAs have insufficient wireless access

1-24

in their classrooms to access new data systems and on-line resources; and

1-25

     WHEREAS, The project costs associated with these information technology

1-26

improvements are estimated to be $44.8 million. The total financing obligation of the State of

1-27

Rhode Island would be approximately $45.3 million, with $44.8 million deposited in the project

1-28

fund and $0.5 million allocated to pay the associated costs of financing. Total payments on the

1-29

State’s obligation over ten (10) years on the $45.3 million issuance are projected to be $66.6

1-30

million, assuming an average interest rate of 4.0%. The payments would be financed within the

1-31

department of administration from general revenue appropriations; now, therefore, be it

2-1

     RESOLVED, That this general assembly hereby approves financing in an amount not to

2-2

exceed $45.3 million for the provision of funds for information technology improvements,

2-3

including $0.5 million to pay costs of financing; that $19.8 million be made available from the

2-4

project fund for improvements to the technology infrastructure of local education agencies; that

2-5

$25.0 million be made available from the project fund for an integrated tax system; and provided

2-6

further, that any funding amount from federal forfeiture funds for law and tax enforcement

2-7

received for these purposes may be used to reduce the amount of borrowed funds; be it further

2-8

     RESOLVED, That this joint resolution shall take effect immediately upon its passage by

2-9

the general assembly.

2-10

     SECTION 3. Rhode Island Airport Corporation.

2-11

     WHEREAS, The Rhode Island economic development corporation is a public

2-12

instrumentality of the State of Rhode Island (the "state"), created by the general assembly

2-13

pursuant to Rhode Island general laws §§ 42-64-1 et seq. (as enacted, reenacted and amended, the

2-14

"act"); and

2-15

     WHEREAS, The act declares, in part, that new industrial, manufacturing, recreational,

2-16

and commercial facilities are required to attract and house new industries and thereby reduce the

2-17

hazards of unemployment; and that unaided efforts of private enterprises have not met, and

2-18

cannot meet, the needs of providing those facilities due to problems encountered in assembling

2-19

suitable building sites, lack of adequate public service, unavailability of private capital for

2-20

development, and the inability of private enterprise alone to plan, finance, and coordinate

2-21

industrial, recreational, and commercial development; and

2-22

     WHEREAS, The act further declares it to be the public policy of the state to furnish

2-23

proper and adequate airport facilities within the state and to encourage the integration of these

2-24

facilities so far as practicable; and

2-25

     WHEREAS, In furtherance of these goals, it is the policy of the state to retain existing

2-26

industries and to induce, encourage and attract new industries through the acquisition,

2-27

construction, reconstruction and rehabilitation of industrial, manufacturing, recreational, and

2-28

commercial facilities, as well as transportation, residential, environmental, utility, public service,

2-29

institutional and civic and community facilities, and to develop sites for such facilities; and

2-30

     WHEREAS, The act has empowered the Rhode Island economic development

2-31

corporation to establish subsidiary corporations to exercise its powers and functions, or any of

2-32

them, and, pursuant to such power, the Rhode Island economic development corporation has

2-33

established the Rhode Island airport corporation to plan, develop, construct, finance, manage, and

2-34

operate airport facilities in the state; and

3-1

     WHEREAS, The act provides that the Rhode Island airport corporation shall have the

3-2

power to purchase, take, receive, lease or otherwise acquire, own, hold, improve, use and

3-3

otherwise deal in and with, real or personal property, or any interest therein, wherever situated;

3-4

and

3-5

     WHEREAS, The act also provides that the Rhode Island airport corporation shall have

3-6

the power to sell, mortgage, lease, exchange, transfer or otherwise dispose of or encumber any

3-7

project, (or in the case of a sale, to accept a purchase money mortgage in connection therewith) or

3-8

to grant options for any such purposes with respect to any real or personal property or interest

3-9

therein, all of the foregoing for such consideration as the Rhode Island airport corporation shall

3-10

determine. Any lease by the Rhode Island airport corporation to another party may be for such

3-11

part of the Rhode Island airport corporation's property, real or personal, for such period, upon

3-12

such terms or conditions, with or without an option on the part of the lessee to purchase any or all

3-13

of the leased property for such consideration, at or after the retirement of all indebtedness

3-14

incurred by the Rhode Island airport corporation on account thereof, as the Rhode Island airport

3-15

corporation shall determine; and

3-16

     WHEREAS, The act authorizes the Rhode Island economic development corporation to

3-17

borrow money and issue bonds for any of its corporate purposes; and

3-18

     WHEREAS, Pursuant to §§ 35-18-3 and 35-18-4 of Rhode Island general laws, the

3-19

Rhode Island economic development corporation requests the approval of the general assembly of

3-20

the Rhode Island economic development corporation's issuance of airport revenue bonds (the

3-21

"bonds") for the purpose of providing funds to the Rhode Island airport corporation for financing

3-22

the various capital projects including, but not limited to, a de-icer management system, runway

3-23

and taxiway improvements, noise mitigation and land acquisition, and facility developments (the

3-24

“Fiscal Year 2013 Airport Project"), funding capitalized interest, costs of issuing the bonds and

3-25

related costs, and the establishment of reserves for the project and the bonds, including a debt

3-26

service reserve fund; and

3-27

     WHEREAS, The Rhode Island airport corporation anticipates the need to utilize short

3-28

term borrowings to fund timing differences between construction activities and receipt of federal

3-29

grants;

3-30

     WHEREAS, The financing of the Fiscal Year 2013 Airport Project will be accomplished

3-31

through one or more loan agreements having the Rhode Island airport corporation as borrower,

3-32

such agreement or agreements to require that the Rhode Island airport corporation make loan

3-33

payments in an amount no less than the debt service on the bonds; now, therefore, be it

4-34

     RESOLVED, The general assembly hereby approves the Rhode Island economic

4-35

development corporation's issuance of the bonds. The bonds will be special obligations of the

4-36

Rhode Island economic development corporation, payable exclusively from loan repayments

4-37

under a loan agreement with the Rhode Island airport corporation and from bond proceeds, funds,

4-38

accounts, and properties and the proceeds thereof pledged therefor, and thus the Rhode Island

4-39

economic development corporation's maximum liability will be limited to loan repayments

4-40

received under the loan agreement and the aggregate amount of such other funds, accounts,

4-41

properties, and proceeds; and be it further

4-42

     RESOLVED, That the total amount of debt approved to be issued in the aggregate shall

4-43

be not more than $174,000,000. Total debt service on the bonds is not expected to exceed

4-44

$12,000,000 annually and $351,000,000 in the aggregate based on level annual payments, an

4-45

average interest rate of 6.83%, and a 30-year maturity. Total debt service on short-term

4-46

borrowings to fund timing differences between construction activities and receipt of federal

4-47

grants is not expected to exceed $6,700,000 annually and $34,000,000 in the aggregate based on

4-48

an average interest rate of 4.00% and an 8-year maturity; and be it further

4-49

     RESOLVED, That the general assembly hereby approves the Rhode Island airport

4-50

corporation's entering into the loan agreements described above. Payments under the loan

4-51

agreements shall be derived exclusively from project revenues and such other proceeds, funds,

4-52

accounts, projects and the proceeds thereof as the Rhode Island airport corporation may pledge

4-53

therefore; and be it further

4-54

     RESOLVED, That none of the bonds or the loan agreements shall constitute indebtedness

4-55

of the state or a debt for which the full faith and credit of the state is pledged or a moral

4-56

obligation thereof; and be it further

4-57

     RESOLVED, That this resolution shall apply to debt issued within one (1) year of the

4-58

date of passage of this resolution.

4-59

     SECTION 4. Rhode Island Resource Recovery Corporation

4-60

     WHEREAS, The Rhode Island resource recovery corporation (the “corporation”) is a

4-61

public corporation of the State of Rhode Island (the “state”), constituting a public instrumentality

4-62

and agency exercising public and essential governmental functions of the state, created by the

4-63

general assembly pursuant to Rhode Island general laws §§ 23-19-1 et seq., entitled the “Rhode

4-64

Island resource recovery corporation act” (as enacted, reenacted and amended, the “act”); and

4-65

     WHEREAS, Pursuant to the act, the corporation is designated to carry out the provisions

4-66

of the act; and

4-67

     WHEREAS, Also pursuant to the act, the purposes of the corporation include the

4-68

planning, design, construction, financing, management, ownership, operation, and maintenance of

5-1

transfer stations, waste processing facilities, resource recovery facilities, and all other solid waste

5-2

management facilities and the provision of solid waste management services to municipalities and

5-3

persons within the state; and

5-4

     WHEREAS, For the purpose of planning, designing, constructing, financing, managing,

5-5

owning, operating, and maintaining transfer stations, waste processing facilities, resource

5-6

recovery facilities, and all other solid waste management facilities and providing solid waste

5-7

management services to municipalities and persons within the state, the corporation is authorized

5-8

to issue from time to time its negotiable bond and notes in one or more series in such principal

5-9

amounts as in the opinion of the corporation shall be necessary to provide sufficient funds for

5-10

achieving its purpose, including the payment of interest on the bonds and notes of the

5-11

corporation, the establishment of reserves to secure the bonds and notes, and the making of all

5-12

other expenditures of the corporation incident to and necessary or convenient to carrying out its

5-13

purposes and powers; and

5-14

     WHEREAS, Pursuant to Rhode Island general laws §§ 35-18-3 and 35-18-4, the

5-15

corporation has requested the approval of the general assembly of the corporation’s issuance of

5-16

not more than $40 million of revenue bonds (the “bonds) for the purpose of providing funds for

5-17

capital projects and for costs associated with the bonds including capitalized interest, debt service

5-18

reserve and costs of issuance; and

5-19

     WHEREAS, The corporation will use the bond proceeds to fund the design and

5-20

construction of a leachate pretreatment facility to comply with projected changes in discharge

5-21

standards for the disposal of wastewater, including leachate, into a public sewer system. The

5-22

treatment facility (the “facility” or the “project”) is expected to have the capacity of pretreating

5-23

650,000 gallons of wastewater daily and utilize sequencing batch reactor technology for

5-24

wastewater treatment; and

5-25

     WHEREAS, The corporation currently discharges wastewater/leachate flows from

5-26

several sources from its solid waste operations, including leachate from primary and secondary

5-27

collection systems in phases II/III, IV and V of the central landfill, underdrains constructed under

5-28

the liners of various sections of the landfill as required by Rhode Island department of

5-29

environmental management (“RIDEM”) regulations, discharge from the phase I hot spot

5-30

treatment system operated as part of superfund remediation requirements, and condensate from

5-31

the landfill gas collection and treatment systems and sanitary flows from the various buildings

5-32

and facilities on site; and

5-33

     WHEREAS, The landfill-related leachate is currently discharged through the Cranston

5-34

sewer system to the Cranston wastewater treatment facility (“WWTF”); and

6-1

     WHEREAS, The corporation does not currently pretreat the collected flows prior to

6-2

discharge into the Cranston WWTF; and

6-3

     WHEREAS, The corporation has received final approval from the RIDEM for the

6-4

construction of phase VI of the landfill, which will include a primary and secondary leachate

6-5

collection system and will operate for approximately 20 years; and

6-6

     WHEREAS, Municipal wastewater treatment plants that the corporation can potentially

6-7

discharge into are currently implementing upgrades to their facilities to meet lower effluent

6-8

discharge standards required by their permits with RIDEM; and

6-9

     WHEREAS, The corporation has previously engaged an engineering consultant to

6-10

conduct a preliminary evaluation of future requirements to treat wastewater discharges from the

6-11

various operations at the Shun Pike facilities; and

6-12

     WHEREAS, Over the past several years the engineering consultant has been assisting the

6-13

corporation in evaluating approaches to treat wastewater flows, consisting primarily of landfill

6-14

leachate, to meet the discharge standards established by municipal wastewater treatment facilities

6-15

that are in proximity to the corporation’s operations; and

6-16

     WHEREAS, The engineering consultant has issued a report indicating that based on these

6-17

standards, and the more stringent effluent standards anticipated in the future, the corporation will

6-18

be required to construct a new pretreatment plant facility on-site to comply with these standards

6-19

prior to discharging wastewater into any municipal sewer system; and

6-20

     WHEREAS, The engineering consultant has proposed utilizing a reliable, cost-effective

6-21

and high-efficiency technology, sequential batch reactors, which are basically industrial tanks in

6-22

which all metabolic processing and solid / liquid separation occurs in one tank and in a

6-23

continuously repeated time sequence; and

6-24

     WHEREAS, Sequential batch reactor processes are known to save more than 60% of the

6-25

expenses required for conventional activated sludge processing and achieve high effluent quality

6-26

in a very short aeration time; and

6-27

     WHEREAS, The estimated cost of the project is anticipated to be approximately $35

6-28

million to $40 million; and

6-29

     WHEREAS, In the event that not all of the bond proceeds are used to carry out the

6-30

specified project, the corporation will use any remaining funds to pay debt service on the bonds;

6-31

now, therefore, be it

6-32

     RESOLVED, That this general assembly hereby approves the corporation’s issuance of

6-33

not more than the total of the competitively awarded contact plus financing costs, or $40 million,

6-34

whichever is less, of bonds for the purpose of providing funds for the project and for costs

7-1

associated with bonds including capitalized interest, debt service reserve and costs of issuance;

7-2

and be it further

7-3

     RESOLVED, That the bonds will be general obligations of the corporation payable from

7-4

the corporation’s revenues and thus the corporation’s maximum liability will be for the total debt

7-5

service on the bonds which is estimated to be $3.0 million per year or $59 million in the

7-6

aggregate based on an average interest rate of 4.0 percent and a 20 year maturity; and be it further

7-7

     RESOLVED, That the bonds will not constitute indebtedness of the state or any of its

7-8

subdivisions or a debt for which the full faith and credit of the state or any of its subdivisions is

7-9

pledged except to the extent that the state provides the corporation with annual budget

7-10

appropriations pursuant to Rhode Island general laws § 23-19-13(i) and the corporation’s

7-11

revenues are not otherwise sufficient to pay debt service on the bonds, the maximum possible

7-12

financial obligation of the state under the bonds will be to appropriate for any deficiency; and be

7-13

it further

7-14

     RESOLVED, That this joint resolution shall take effect immediately upon its passage by

7-15

this general assembly, provided that the delivery of the bonds shall be not later than one (1) year

7-16

from the date of such passage.

7-17

     SECTION 5. GARVEE Program.

7-18

     WHEREAS, The Rhode Island Department of Transportation (“RIDOT”) has undertaken

7-19

five (5) major transportation projects, and these projects were either substantially completed or

7-20

under construction in the year 2011; and

7-21

     WHEREAS, The construction of these projects was deemed critical in order to preserve

7-22

and maintain the public safety and continued economic success and viability of the State of

7-23

Rhode Island, its ports and infrastructure; and

7-24

     WHEREAS, RIDOT explored various options to finance the costs of the five (5) major

7-25

transportation projects and determined that the federal-aid financing program authorized in

7-26

federal law by Section 311 of the National Highway System Designation Act of 1995 and

7-27

commonly referred to as the Grant Anticipation Revenue Vehicle Program (“GARVEE

7-28

Program”) represented the best financing mechanism for the State of Rhode Island, inasmuch as

7-29

the GARVEE Program accelerated the funding and construction of the five (5) major

7-30

transportation projects; and

7-31

     WHEREAS, The General Assembly, in Chapter 376, Article 36, Sections 8 and 9 of the

7-32

Rhode Island Public Laws of 2003, granted RIDOT, through the Rhode Island Economic

7-33

Development Corporation (“RIEDC”), the authorization to issue bonds (“GARVEE Bonds”) or

7-34

other debt instruments backed by future appropriations for federal-aid transportation projects

8-1

whereby such amounts are used to cover an assortment of bond-related costs, including principal

8-2

and interest payments, issuance costs, insurance, and other costs incidental to a financing; and

8-3

     WHEREAS, The original Public Corporation Debt Management authorization in Chapter

8-4

376, Article 36, Sections 8 and 9 of the Rhode Island Public Laws of 2003 included a total of

8-5

$709.6 million in GARVEE funding to be distributed across five projects, as follows: $126.2

8-6

million for the Sakonnet River Bridge; $348.3 million for the Route I-195 Relocation; $85.4

8-7

million for the Washington Bridge; $42.5 million for the Freight Rail Improvement Program

8-8

(FRIP), and $107.2 million for Route 403; and

8-9

     WHEREAS, Additional grants and Federal earmark funding have been received for the

8-10

completion of the Washington Bridge project, while, at the same time, preliminary cost estimates

8-11

for the Sakonnet River Bridge replacement, which were used to allocate GARVEE proceeds,

8-12

have proven to be lower than the funding required; and

8-13

     WHEREAS, The reallocation of GARVEE funds to the Sakonnet River Bridge project

8-14

will allow an equal amount of Federal highway funding to be applied to other highway projects

8-15

included in the Rhode Island Transportation Improvement Program (“TIP”); and

8-16

     WHEREAS, The reallocated GARVEE financing associated with these projects is

8-17

estimated to be:

8-18

     (1) For the Sakonnet River Bridge: (a) a total capital cost of one hundred twenty seven

8-19

million three hundred eighty two thousand five hundred sixty six dollars ($127,382,566); (b) the

8-20

total debt issuance of GARVEE and/or other than GARVEE Bonds associated with payment of

8-21

the capital costs, financing costs, costs of issuance or insurance or credit enhancement would be

8-22

an amount not to exceed one hundred thirty five million eight hundred twenty five thousand

8-23

dollars ($135,825,000); (c) with respect to the total debt issuance of one hundred thirty five

8-24

million eight hundred twenty five thousand dollars ($135,825,000) referenced in subsection (b)

8-25

above, an amount not to exceed twenty five million two hundred forty eight thousand dollars

8-26

($25,248,000) of bonds would be repaid by the State of Rhode Island with other than FHWA

8-27

funds (the "State Match Bonds"); (d) total debt service payments on the State Match Bonds over

8-28

an expected twenty (20) year period on the twenty five million two hundred forty eight thousand

8-29

dollars ($25,248,000) issuance are projected to be thirty seven million four hundred fifty eight

8-30

thousand dollars ($37,458,000), assuming an average coupon rate of 5.1%; and (e) the debt

8-31

service payments on the State Match Bonds are supported from the Motor Fuel Tax Allocation as

8-32

hereinafter defined; and total debt service on all bonds of two hundred four million five hundred

8-33

thirty two thousand nine hundred twenty dollars ($204,532,920); and

9-34

      (2) For the Washington Bridge: (a) a total capital cost of $75,845,000; (b) the total debt

9-35

issuance of GARVEE and/or other than GARVEE Bonds associated with payment of the capital

9-36

costs, financing costs, costs of issuance or insurance or credit enhancement would be an amount

9-37

not to exceed $75,845,000; and (c) no State Match Bonds will be issued in connection with the

9-38

Washington Bridge as all costs related to the construction and financing of this project will be

9-39

covered by the FHWA funds due the State of Rhode Island; and total debt service on all bonds of

9-40

one hundred eighteen million four hundred twenty two thousand five hundred dollars

9-41

($118,422,500); now, therefore, be it

9-42

     RESOLVED, That this General Assembly finds that the Projects are essential public

9-43

facilities and are of a type and nature consistent with the purposes and within the powers of the

9-44

Department of Transportation to undertake, and hereby approves that the Sakonnet River Bridge

9-45

and Washington Bridge remain critical components of the infrastructure of the State of Rhode

9-46

Island, and that it is in the best interests of the State to maximize the use of proceeds from the

9-47

GARVEE bonds already issued. Therefore, this General Assembly hereby approves the following

9-48

reallocation in GARVEE bond proceeds:

9-49

      (1) For the New Sakonnet Bridge: the issuance of an amount not to exceed one hundred

9-50

twenty seven million three hundred eighty two thousand five hundred sixty six dollars

9-51

($127,382,566) in GARVEE Bonds, the repayment of which shall be derived from and supported

9-52

by FHWA funds due the State of Rhode Island, and an amount not to exceed twenty five million

9-53

two hundred forty eight thousand dollars ($25,248,000) in State Match Bonds and to incur and

9-54

pay debt service payments for such State Match Bonds in an amount not to exceed thirty seven

9-55

million four hundred fifty eight thousand dollars ($37,458,000) and total debt service on all bonds

9-56

of two hundred four million five hundred thirty two thousand nine hundred twenty dollars

9-57

($204,532,920) as specified in (1) above for bonds issued for the Sakonnet River Bridge, such

9-58

debt service payments to be made from the Motor Fuel Tax Allocation, as hereinafter defined, or

9-59

such other revenue source as the Rhode Island General Assembly shall designate from time to

9-60

time for the construction, design, maintenance, completion, finance costs, including, but not

9-61

limited to, costs of issuance, credit enhancement, legal counsel and underwriter fees and expenses

9-62

and other costs associated with the Sakonnet River Bridge.

9-63

      (2) For the Washington Bridge: the issuance of an amount not to exceed $75,845,000 in

9-64

GARVEE Bonds, the repayment of which shall be wholly derived from and supported by FHWA

9-65

funds due the State of Rhode Island; and total debt service on all bonds of one hundred eighteen

9-66

million four hundred twenty two thousand five hundred dollars ($118,422,500); and be it further

9-67

     RESOLVED, That no other changes in allocation or expenditure are authorized beyond

9-68

the amendments included in this Joint Resolution, and that no additional GARVEE bond issuance

10-1

is required beyond the limits specified in Chapter 376, Article 36, Sections 8 and 9 of the Rhode

10-2

Island Public Laws of 2003.

10-3

     SECTION 6. This article shall take effect upon passage.

     

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art.008/1

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1-1

ARTICLE 8

1-2

RELATING TO INFORMATION TECHNOLOGY INVESTMENT FUND

1-3

     SECTION 1. Section 42-11-2.5 of the General Laws in Chapter 42-11 entitled

1-4

“Department of Administration” is hereby amended to read as follows:

1-5

     42-11-2.5. Information technology investment fund. – (a) All sums from the sale of

1-6

any land and the buildings and improvements thereon, and other real property title to which is

1-7

vested in the state except as provided in subsection 37-7-15(b) shall be transferred to an

1-8

Information Technology Investment Fund restricted receipt account that is hereby established.

1-9

This fund shall consist of such sums from the sale of any land and the buildings and

1-10

improvements thereon, and other real property title to which is vested in the state except as

1-11

provided in subsection 37-7-15(b). This fund may also consist of such sums as the state may from

1-12

time to time appropriate, as well as money received from the disposal of information technology

1-13

equipment, loan, interest and service charge payments from benefiting state agencies, as well as

1-14

interest earnings, money received from the federal government, gifts, bequest, donations, or to

1-15

otherwise from any public or private source. Any such funds shall be exempt from the indirect

1-16

cost recovery provisions of § 35-4-27.

1-17

     (b) This fund shall be used for the purpose of acquiring information technology

1-18

improvements, including, but not limited to, hardware, software, consulting services, and ongoing

1-19

maintenance and upgrade contracts for state departments and agencies.

1-20

     (c) The division of information technology of the Rhode Island department of

1-21

administration shall adopt rules and regulations consistent with the purposes of this chapter and

1-22

chapter 35 of title 42, in order to provide for the orderly and equitable disbursement of funds from

1-23

the revolving loan fund from this account.

1-24

     SECTION 2. This article shall take effect upon passage.

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art.009/3/009/2/009/1

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1-1

ARTICLE 9

1-2

RELATING TO DEPARTMENT OF HEALTH FEES

1-3

     SECTION 1. Sections 5-10-10, 5-10-11, 5-10-13, and 5-10-15 of the General Laws in

1-4

Chapter 5-10 entitled “Barbers, Hairdressers, Cosmeticians, Manicurists and Estheticians” are

1-5

hereby amended to read as follows:

1-6

     5-10-10. Application form - Fee - Expiration and renewal of licenses – Fees. -- (a)

1-7

Applications for licenses under § 5-10-9 shall be made upon any forms that are prescribed by the

1-8

division and are accompanied by an examination application fee established in regulation. The

1-9

license of every person licensed under §§ 5-10-8 and 5-10-9 shall expire on the thirtieth (30th)

1-10

day of October of every other year following the date of license. This is determined on an odd-

1-11

even basis. On or before the first day of September of every year, the administrator of

1-12

professional regulation shall mail an application for renewal of license to people scheduled to be

1-13

licensed that year on an odd or even basis as to the license number. Every person who wishes to

1-14

renew his or her license must file with the administrator of professional regulation a renewal

1-15

application duly executed together with the renewal fee of fifty dollars ($50.00) as set forth in §

1-16

23-1-54. Applications, accompanied by the fee for renewal, shall be filed with the division on or

1-17

before the fifteenth (15th) day of October in each renewal year. Upon receipt of the application

1-18

and fee, the administrator of professional regulation shall grant a renewal license effective

1-19

October 1st and expiring two (2) years later on September 30th.

1-20

     (b) Every person who fails to renew his or her license on or before September 30th

1-21

following the date of issuance as provided in subsection (a) of this section may be reinstated by

1-22

the division upon payment of the current renewal fee of fifty dollars ($50.00) plus an additional

1-23

fee of thirty dollars ($30.00) for each year the license has lapsed to a maximum of two hundred

1-24

dollars ($200) as set forth in § 23-1-54.

1-25

     (c) The license shall be on the person at all times while performing the services for which

1-26

they are licensed.

1-27

     5-10-11. Persons licensed in other states. -- (a) Any person licensed to practice

1-28

barbering, hairdressing, and cosmetic therapy and/or manicuring or esthetics in another state

1-29

where the requirements are the equivalent of those of this state is entitled to a license as a barber,

1-30

hairdresser, and cosmetician and/or manicurist or esthetician operator upon the acceptance of his

1-31

or her credentials by the division; provided, that the state in which that person is licensed extends

2-1

a similar privilege to licensed barbers, hairdressers, and cosmetic therapists and/or manicurists or

2-2

esthetics of this state. If a person applies for a hairdressing license who was licensed in another

2-3

state where the requirements are not equivalent to those of this state, the division shall give to that

2-4

person one hundred (100) hours instructional credit for three (3) months that the person was

2-5

licensed and in actual practice, up to a limit of five hundred (500) hours, in order for that person

2-6

to meet the requirements for a hairdressing license in this state as established under the provisions

2-7

of §§ 5-10-8 and 5-10-9.

2-8

     (b) If a person applies for a manicurist or esthetician license and is currently licensed in

2-9

another state, that person may be granted a license if he or she passes the written and practical

2-10

examinations conducted by the division.

2-11

     (c) The fee for the examination application is forty dollars ($40.00) as set forth in § 23-1-

2-12

54; provided, that the provisions of this chapter shall not be construed as preventing persons who

2-13

have been licensed by examination under the laws of other states of the United States or

2-14

territories and the District of Columbia from practicing barbering, hairdressing, and cosmetic

2-15

therapy and/or manicuring or esthetics in this state for a period of three (3) months; provided, that

2-16

they apply for and are licensed in this state within three (3) months from the commencement of

2-17

their employment. Nor shall it be construed as prohibiting persons who have been licensed under

2-18

the laws of another country or territory from practicing barbering, hairdressing, and cosmetic

2-19

therapy and/or manicuring or esthetics in this state; provided, that practice is in conformity with

2-20

the rules and regulations of the division; and provided, that in no case shall that practice cover a

2-21

period of more than three (3) months from the commencement of that employment.

2-22

     5-10-13. Demonstrator's permit. -- The division may in its discretion issue to any

2-23

person recognized by the division as an authority on, or an expert in the theory or practice of,

2-24

barbering, hairdressing, and cosmetic therapy and/or manicuring or esthetics and is the holder of a

2-25

current esthetician's, manicurist's or a barber's, hairdresser's, and cosmetician's license in this

2-26

state, another state or the District of Columbia, a demonstrator's permit for not more than six (6)

2-27

days' duration for educational and instructive demonstrations; provided, that the permit shall not

2-28

be used in the sense of a license to practice barbering, manicuring, esthetics or hairdressing and

2-29

cosmetic therapy. The fee for the permit is seventy dollars ($70.00) as set forth in § 23-1-54.

2-30

     5-10-15. Licensing of shops. -- (a) No shop, place of business or establishment shall be

2-31

opened or conducted within the state by any person, association, partnership, corporation, or

2-32

otherwise for the practice of barbering, manicuring and/or hairdressing and cosmetic therapy or

2-33

esthetics until the time that application for a license to operate that shop, place of business or

2-34

establishment for the practice of manicuring and/or hairdressing and cosmetic therapy or esthetics

3-1

is made, to the division, in the manner and on the forms that it prescribes, and a license, under the

3-2

terms and conditions, not contrary to law, that the division requires shall be granted for it and a

3-3

license issued.

3-4

     (1) No licenses shall be granted to any shop, place of business, or establishment for the

3-5

practice of hairdressing and cosmetic therapy unless the proprietor or a supervising manager in

3-6

the practice of barbering, hairdressing and cosmetic therapy, of the shop, place of business, or

3-7

establishment is licensed and has been licensed as a licensed barber or hairdresser and

3-8

cosmetician for a period of at least one year immediately prior to the filing of the application for

3-9

the license.

3-10

     (2) No license shall be granted to any shop, place of business, or establishment for the

3-11

practice of manicuring or esthetics unless the proprietor or a supervising manager of the

3-12

proprietor is licensed and has been licensed as a licensed barber, hairdresser and cosmetician,

3-13

manicurist or esthetician for a period of at least one year immediately prior to the filing of the

3-14

application for the license.

3-15

     (3) The supervising manager shall be registered with the division as the manager of a

3-16

licensed shop and shall only be registered to manage one shop at a time. The proprietor of the

3-17

licensed shop and the manager shall notify the division, in writing, within ten (10) days upon the

3-18

termination of employment as the manager of the licensed shop. The license of the shop shall

3-19

expire forty-five (45) days after the division is notified by the proprietor if no new manager is

3-20

registered with the division as the supervising manager of the shop.

3-21

     (b) All licenses issued under this section shall terminate on the first day of July following

3-22

the date of issue. The fee for the license is one hundred and thirty dollars ($130) and for each

3-23

renewal of the license the fee is one hundred and thirty dollars ($130) as set forth in § 23-1-54.

3-24

     SECTION 2. Sections 5-25-10, 5-25-11, and 5-25-12 of the General Laws in Chapter 5-

3-25

25 entitled “Veterinary Practice” are hereby amended to read as follows:

3-26

     5-25-10. Qualifications for licensure. -- Any applicant for licensure shall submit to the

3-27

department written evidence on forms furnished by the department verified by oath that the

3-28

applicant meets all of the following requirements:

3-29

     (1) Is a graduate of a school or college of veterinary medicine recognized and accredited

3-30

by the American Veterinary Medical Association and by the department or certification by the

3-31

Educational Council for Foreign Veterinary Graduates;

3-32

     (2) Pays an application fee of forty dollars ($40.00) as set forth in § 23-1-54 at the time of

3-33

submitting the application, which, in no case is returned to the applicant;

4-34

     (3) Is of good moral character, evidenced in the manner prescribed by the department;

4-35

and

4-36

     (4) Complies with any other qualifications that the department prescribes by regulation;

4-37

and

4-38

     (5) Comply with the continuing education requirements adopted by the department.

4-39

     5-25-11. Licensing of veterinarians. -- (a) By Examination. - The applicant is required

4-40

to pass, with a grade determined by the division, an examination approved by the division; upon

4-41

payment of an examination fee of three hundred and thirty dollars ($330) as set forth in § 23-1-54

4-42

every candidate who passes that examination, and in the opinion of the division meets the

4-43

qualifications of § 5-25-10, shall, upon payment of an initial license fee, which shall be equal to

4-44

the biennial license renewal fee in effect, be issued a license to practice veterinary medicine.

4-45

Veterinarians licensed under the provisions of this chapter on August 31, 1985 shall continue to

4-46

be licensed.

4-47

     (b) Without Examination by Endorsement. A license to practice veterinary medicine may

4-48

be issued without examination to an applicant who has been duly licensed by examination as a

4-49

veterinarian under the laws of another state or territory or District of Columbia, if, in the opinion

4-50

of the division, the applicant meets the qualifications required of veterinarians in this state, as

4-51

further defined in rules and regulations.

4-52

     5-25-12. Expiration and renewal of licenses. -- (a) The certificate of every person

4-53

licensed as a veterinarian under the provisions of this chapter expires on the first day of May of

4-54

each even numbered year. On or before the first day of March of each two (2) year period, the

4-55

department shall mail an application for renewal of license to every person to whom a license has

4-56

been issued or renewed during the current licensure period. Every person so licensed who desires

4-57

to renew his or her license shall file with the department a renewal application duly executed

4-58

together with a renewal fee of three hundred and thirty dollars ($330) as set forth in § 23-1-54 on

4-59

or before the thirty-first day of March of each even numbered year.

4-60

     (b) Upon receipt of an application, and payment of the renewal fee, the department shall

4-61

grant a renewal license effective the second day of May, and expiring on the first day of May of

4-62

the next even numbered year.

4-63

     (c) Any person who allows his or her license to lapse by failing to renew it on or before

4-64

the thirty-first day of March of the next even numbered year, as provided in subsection (a), may

4-65

be reinstated by the department on payment of the current renewal fee plus an additional fee of

4-66

ninety ($90.00) as set forth in § 23-1-54.

4-67

     (d) Any person using the title "veterinarian" during the time that his or her license has

4-68

lapsed is subject to the penalties provided for violations of this chapter.

5-1

     (e) Every veterinarian licensed to practice veterinary medicine within the state shall, in

5-2

connection with renewal of licensure, provide satisfactory evidence to the department that in the

5-3

preceding two-year period the veterinarian has completed a prescribed course of continuing

5-4

professional education established by an appropriate professional veterinary medicine association

5-5

and approved by rule or regulation of the department. The department may extend for only one

5-6

six (6) month period, these education requirements if the department is satisfied that the applicant

5-7

has suffered hardship which prevented meeting the educational requirement.

5-8

     SECTION 3. Sections 5-29-7, 5-29-11, 5-29-13, and 5-29-14 of the General Laws in

5-9

Chapter 5-29 entitled “Podiatrists” are hereby amended to read as follows:

5-10

     5-29-7. Examination of applicants - Fees – Reexamination. -- The division of

5-11

professional regulation board of podiatry examiners is empowered to review applications as

5-12

defined in this chapter and to require a minimum application fee of four hundred and ten dollars

5-13

($410) as set forth in § 23-1-54 at the time of application. Application fees are not refundable

5-14

unless sickness or other good cause appearing to the satisfaction of the division such applicant

5-15

was prevented from attending and completing the examination. One further or subsequent

5-16

examination under that application may be given to applicants in the discretion of the division,

5-17

without payment of an additional fee.

5-18

     5-29-11. Fee. -- The biennial renewal fee shall not be less than two hundred and sixty

5-19

($260) nor be more than four hundred and ninety dollars ($490) be as set forth in § 23-1-54.

5-20

     5-29-13. Limited registrations. -- (a) An applicant for limited registration under this

5-21

chapter who furnishes the division of professional regulation of the department of health with

5-22

satisfactory proof that the applicant is eighteen (18) years of age or older and of good moral

5-23

character, that the applicant has creditably completed not less than two (2) years of study in a

5-24

legally chartered podiatry school that is accredited by the Council on Podiatric Medical Education

5-25

of the American Podiatric Medical Association having power to grant degrees in podiatry, and

5-26

that the applicant has been appointed an intern, resident, fellow, or podiatry officer in a hospital

5-27

or other institution maintained by the state, or by a city or town, or in a hospital or clinic which is

5-28

incorporated under the laws of this state or in a clinic which is affiliated with a hospital licensed

5-29

by the department of health, or in an out-patient clinic operated by the state, may, upon the

5-30

payment of seventy ($70.00) in an amount set forth in § 23-1-54, be registered by the division as

5-31

a hospital officer for any time that the division prescribes. The limited registration entitles the

5-32

applicant to practice podiatry in the hospital or other institution designated on his or her

5-33

certificate of limited registration, or outside that hospital or other institution for the treatment,

5-34

under the supervision of one of its medical officers who is a duly licensed physician and/or

6-1

podiatrist or persons accepted by it as patients, or in any hospital, institution, clinic, or program

6-2

affiliated for training purposes with the hospital, institution, or clinic designated on the certificate,

6-3

which affiliation is approved by the division of professional regulation and the Council of

6-4

Podiatric Medical Education of the American Podiatric Medical Association and in any case

6-5

under regulations established by such hospital, institution, or clinic. Provided, that each hospital,

6-6

institution, or clinic shall annually submit to the division of professional regulation a list of

6-7

affiliated hospitals, institutions, clinics, or programs providing training programs which comply

6-8

with the terms of this section. Limited registration under this section may be revoked at any time

6-9

by the division.

6-10

     (b) The division of professional regulation of the department of health may promulgate

6-11

any rules and regulations that it deems necessary to effect the provisions of this chapter.

6-12

     5-29-14. Limited registration – Academic faculty. -- Notwithstanding any other

6-13

provisions of this chapter, a podiatrist of noteworthy and recognized professional attainment who

6-14

is a clearly outstanding podiatrist and who has been offered by the dean of a medical school or

6-15

podiatry school in this state a full-time academic appointment, is eligible for a limited registration

6-16

while serving on the academic staff of the medical school or podiatry school. Upon

6-17

recommendation of the dean of an accredited school of medicine, podiatry in this state, the board

6-18

in its discretion, after being satisfied that the applicant is a graduate of a foreign podiatry school

6-19

and a person of professional rank whose knowledge and special training will benefit that medical

6-20

school, podiatry school may issue to that podiatrist a limited registration to engage in the practice

6-21

of podiatry to the extent that the practice is incidental to a necessary part of his or her academic

6-22

appointment and then only in the hospital or hospitals and out-patient clinics connected with the

6-23

medical school or podiatry school. Except to the extent authorized by this section, the registrant

6-24

shall not engage in the practice of podiatry or receive compensation for that practice, unless he or

6-25

she is issued a license to practice podiatry. The registration is valid for a period of not more than

6-26

one year expiring on the 30th day of June following its initial effective date but may be renewed

6-27

annually; provided, that such registration automatically expires when the holder's relationship

6-28

with the medical school or podiatry school is terminated. The application fee for the registration

6-29

authorized under this section is five hundred and seventy ($570) The and for the application fee

6-30

for biennial renewal, as promulgated by the director, shall be not less than two hundred and

6-31

eighty ($280) nor more than four hundred dollars ($400) as set forth in § 23-1-54.

6-32

     SECTION 4. Sections 5-30-7, 5-30-8 and 5-30-12 of the General Laws in Chapter 5-30

6-33

entitled “Chiropractors” are hereby amended to read as follows:

7-34

     5-30-7. Certification of chiropractic physicians authorized to practice in other states.

7-35

-- The division of professional regulation of the department of health may, at its discretion,

7-36

dispense with the examination of any chiropractic physician authorized to practice chiropractic

7-37

medicine in any other state, and who has been practicing his or her profession in that state for at

7-38

least five (5) years and desires to reside permanently and practice his or her profession in this

7-39

state, provided the laws of that state require qualifications of a grade equal to those required in

7-40

Rhode Island, and provided that equal rights are accorded by that state to chiropractic physicians

7-41

of Rhode Island. The chiropractic physician shall make an application to the division for

7-42

exemption from examination and the division may in its discretion exempt him or her. If the

7-43

division exempts him or her, he or she shall pay a fee of ninety dollars ($90.00) as set forth in §

7-44

23-1-54 for a certificate of exemption from that examination, and upon receipt of that fee, the

7-45

division shall recommend him or her to the director of the department of health to receive a

7-46

certificate of qualification to practice chiropractic medicine.

7-47

     5-30-8. Certification to practice physiotherapy. -- (a) Every person desiring to practice

7-48

physiotherapy in addition to chiropractic medicine and who completed a course of four (4) years,

7-49

of eight (8) months each, in some school of chiropractic medicine approved by the division of

7-50

professional regulation of the department of health, completed a course of three (3) years, of nine

7-51

(9) months each, at some school of chiropractic medicine approved by the division and an

7-52

additional year, of at least six (6) months, in physiotherapy and all branches of that field, at that

7-53

school, or has served as an intern for six (6) months in any year at an institution approved by the

7-54

division, and satisfies the division that he or she is qualified, may take an examination before the

7-55

state board of chiropractic examiners to determine his or her qualification to practice

7-56

physiotherapy in addition to chiropractic medicine.

7-57

     (b) Every applicant for that examination shall pay a fee of sixty dollars ($60.00) for the

7-58

examination to the division of professional regulation of the department of health, provided that if

7-59

the examination is taken at the same time as the examination to determine the applicant's fitness

7-60

to practice chiropractic medicine, but only one fee of ninety dollars ($90.00) as set forth in § 23-

7-61

1-54 is charged. Every candidate who passes that examination shall be recommended by the

7-62

division of professional regulation of the department of health to the director of the department of

7-63

health to receive a certificate of qualification to practice physiotherapy.

7-64

     5-30-12. Annual registration -- Payment of fees. -- Annually, during the month of

7-65

October in each year, every person granted a certificate to practice chiropractic medicine shall

7-66

register his or her name, address, and place of business with the division of professional

7-67

regulation of the department of health. The division shall keep a book for that purpose, and each

7-68

person registering shall pay a fee of one hundred and seventy dollars ($170) as set forth in § 23-1-

8-1

54 and shall receive a certificate of registration for the next succeeding fiscal year, unless the

8-2

certificate of practice has been suspended or revoked for cause, as provided in § 5-30-13. All fees

8-3

for examination, for certificate of exemption from examination, and for annual registration shall

8-4

be deposited as general revenues.

8-5

     SECTION 5. Sections 5-31.1-6, 5-31.1-21, 5-31.1-22 and 5-31.1-23 of the General Laws

8-6

in Chapter 5-31.1 entitled “Dentists and Dental Hygienists” are hereby amended to read as

8-7

follows:

8-8

     5-31.1-6. License to practice -- Qualifications of applicants -- Fee -- Reexamination. -

8-9

- (a) Authority to practice dentistry or dental hygiene under this chapter is by a license, issued by

8-10

the director of the department of health, to any reputable dentist or dental hygienist who intends

8-11

to practice dentistry or dental hygiene in this state, and who meets the requirements for licensure

8-12

prescribed in this chapter and regulations established by the board or the director.

8-13

     (b) Applicants for licensure as dentists shall:

8-14

     (1) Present satisfactory evidence of graduation from a school of dentistry accredited by

8-15

the American Dental Association Commission on Dental Accreditation or its designated agency

8-16

and approved by the board;

8-17

     (2) Meet any other requirements that the board or director by regulation establishes; and

8-18

     (3) Pass in a satisfactory manner any examinations that the board requires.

8-19

     (c) Applicants for licensure as dental hygienists shall:

8-20

     (1) Present satisfactory evidence of graduation from a school for dental hygiene

8-21

accredited by the American Dental Association Commission on Dental Auxiliary Accreditation or

8-22

its designated agency and approved by the board;

8-23

     (2) Meet any other requirements that the board or director by regulation establishes; and

8-24

     (3) Pass in a satisfactory manner any examination that the board requires.

8-25

     (d) Any dentist applying for licensure shall pay an application fee of five hundred and

8-26

seventy dollars ($570) and any dental hygienist applying for licensure shall pay an application fee

8-27

of one hundred and thirty dollars ($130) as set forth in § 23-1-54. Application fees shall in no

8-28

case be returned. Applicants requiring reexamination for dentistry shall submit a fee of five

8-29

hundred and seventy dollars ($570) for each reexamination. Applicants requiring reexamination

8-30

and for dental hygiene shall submit a fee of one hundred and thirty dollars ($130) fees as set forth

8-31

in § 23-1-54 for each reexamination.

8-32

     (e) Notwithstanding any other provision of law, the board of dental examiners may issue

8-33

a special license to qualifying dentists and dental hygienists under the terms and conditions set

8-34

forth in this section and pursuant to requirements which may be set forth in the rules and

9-1

regulations of the board. The special license may only be issued to a person who is retired from

9-2

the practice of dentistry or dental hygiene and not currently engaged in such practice either full-

9-3

time or part-time and has, prior to retirement, maintained full licensure in good standing in

9-4

dentistry or dental hygiene in any state.

9-5

     (2) The special licensee shall be permitted to practice dentistry or dental hygiene only in

9-6

the non-compensated employ of public agencies or institutions, not-for-profit agencies, not-for-

9-7

profit institutions, nonprofit corporations, or not-for-profit associations which provide dentistry or

9-8

dental hygiene services only to indigent patients in areas which are underserved by dentists or

9-9

dental hygienists or critical need population areas of the state.

9-10

     (3) The person applying for the special license under this section shall submit to the

9-11

board a notarized statement from the employing agency, institution, corporation, association or

9-12

health care program on a form prescribed by the board, whereby he or she agrees unequivocally

9-13

not to receive compensation for any dentistry or dental hygiene services he or she may render

9-14

while in possession of the special license.

9-15

     (4) Any application fees and all licensure and renewal fees shall be waived for the holder

9-16

of the special license under this section.

9-17

     (5) A dentist or dental hygienist licensed pursuant to this section shall comply with the

9-18

continuing education requirements established by the board of dental examiners in this state.

9-19

     5-31.1-21. Biennial registration. -- (a) Effective beginning in the calendar year 2006, on

9-20

or before the first day of May in each even-numbered year the board shall mail an application for

9-21

biennial registration to every person to whom a license to practice dentistry or dental hygiene in

9-22

this state has been granted by the constituted licensing authority in the state. Every licensed

9-23

person who intends to engage in the practice of his or her profession during the ensuing two (2)

9-24

years shall register his or her license by filing with the board that application executed together

9-25

with any registration form and fee that is established by regulation by the director on or before the

9-26

first day of June in each even-numbered year. Upon receipt of that application and fee, the board

9-27

shall issue a registration certificate effective July 1 and expiring two (2) years following June 30,

9-28

and that registration certificate shall render its holder a registered practitioner of dentistry or

9-29

dental hygiene for that registration period.

9-30

     (b) The registration certificate of all dentists and dental hygienists whose renewals

9-31

accompanied by the prescribed fee are not filed on or before the first day of July automatically

9-32

expire. The board may in its discretion and upon the payment by the dentist or dental hygienist of

9-33

the current registration fee plus an additional fee of ninety dollars ($90.00) as set forth in § 23-1-

9-34

54 reinstate any certificate expired under the provisions of this section. All unexpended monies in

10-1

the account of the board of dentistry are transferred to the new board of dentistry as created by

10-2

this section as of June 2, 1988.

10-3

     (c) Dentists and dental hygienists not intending to practice in this state may request on a

10-4

biennial basis to be placed on inactive status. Those requests must be made, in writing, to the

10-5

dental administrator and must be accompanied by a fee of one hundred and seventy dollars ($170)

10-6

for dentists and ninety dollars ($90.00) for dental hygienists fees as set forth in § 23-1-54. Persons

10-7

on inactive status may be reinstated by paying the current annual registration fee and must meet

10-8

any requirements established by this chapter and as are further prescribed by the rules and

10-9

regulations.

10-10

     5-31.1-22. Limited registrations. -- An applicant for limited registration under this

10-11

chapter who furnishes the board with satisfactory proof that the applicant is eighteen (18) years of

10-12

age or older and of good moral character, that the applicant has graduated from a dental school

10-13

accredited by the American Dental Association Commission on Dental Accreditation or its

10-14

designated agency and approved by the board, and that the applicant has been appointed an

10-15

intern, resident, fellow, or dental officer in a hospital or other institution maintained by the state,

10-16

or by a city or town, or in a hospital or clinic which is incorporated under the laws of this state or

10-17

in a clinic which is affiliated with a hospital licensed by the department of health, or in an out-

10-18

patient clinic operated by the state, may, upon the payment of fifty dollars ($50.00) as set forth in

10-19

§ 23-1-54 , be registered by the board as a hospital dental officer for any time that the board

10-20

prescribes; but that limited registration entitles the applicant to practice dentistry in the hospital or

10-21

other institution designated on his or her certificate of limited registration, or outside that hospital

10-22

or other institution for the treatment, under the supervision of one of its dental officers who is a

10-23

licensed dentist, in the state of persons accepted by it as patients, or in any hospital, institution,

10-24

clinic, or program affiliated for training purposes with the hospital, institution, or clinic

10-25

designated on this certificate, which affiliation is approved by the board, and in any case under

10-26

regulations established by that hospital, institution, or clinic. Each hospital, institution, or clinic

10-27

shall annually submit to the board a list of training programs which comply with the terms of this

10-28

section. Limited registration under this section may be revoked at any time by the board. The

10-29

board and/or the director may promulgate any rules and regulations that it deems necessary to

10-30

carry out the provisions of this section.

10-31

     5-31.1-23. Limited registration -- Academic faculty – Fees. -- (a) Notwithstanding any

10-32

other provisions of this chapter, a dentist of noteworthy and recognized professional attainment,

10-33

who is a clearly outstanding dentist and who has been offered by the dean of a medical school,

10-34

dental school, or school of dental hygiene in this state a full-time academic appointment, is

11-1

eligible for a limited registration while serving on the academic staff of the medical school, dental

11-2

school, or school of dental hygiene. Upon recommendation of the dean of an accredited school of

11-3

medicine, dentistry, or school of dental hygiene in this state, the board in its discretion, after

11-4

being satisfied that the applicant is a graduate of a foreign dental school and a person of

11-5

professional rank whose knowledge and special training will benefit that medical school, dental

11-6

school, or school of dental hygiene may issue to that dentist a limited registration to engage in the

11-7

practice of dentistry to the extent that the practice is incidental to a necessary part of his or her

11-8

academic appointment and then only in the hospital or hospitals and out-patient clinics connected

11-9

with the medical school, dental school, or school of dental hygiene.

11-10

     (b) Except to the extent authorized by this section, the registrant shall not engage in the

11-11

practice of dentistry or receive compensation for it, unless he or she is issued a license to practice

11-12

dentistry in accordance with the provisions of this chapter. The registration is valid for a period of

11-13

not more than one year expiring on the 30th day of June following its initial effective date but

11-14

may be renewed annually. The registration shall automatically expire when the holder's

11-15

relationship with the medical school, dental school, or school of dental hygiene is terminated.

11-16

     (c) The application fee for the registration authorized and for initial annual renewal under

11-17

this section is five hundred and seventy dollars ($570) as set forth in § 23-1-54. The application

11-18

fee for initial annual renewal is one hundred and seventy ($170). Subsequently, fees are as

11-19

promulgated by the director.

11-20

     SECTION 6. Sections 5-32-3, 5-32-6, 5-32-7, 5-32-13 and 5-32-17 of the General Laws

11-21

in Chapter 5-32 entitled “Electrolysis” are hereby amended to read as follows:

11-22

     5-32-3. Certificates -- Applications -- Penalty for violations. -- The division of

11-23

professional regulation of the department of health shall issue certificates to practice electrolysis,

11-24

as defined in this chapter, to any persons that comply with the provisions of this chapter. Any

11-25

person who desires to engage in that practice shall submit, in writing, in any form that is required

11-26

by the board, an application for a certificate to engage in that practice. The application shall be

11-27

accompanied by a fee of one hundred dollars ($100) as set forth in § 23-1-54. Any person, firm,

11-28

corporation or association violating any of the provisions of this chapter commits a misdemeanor

11-29

and, upon conviction, shall be punished by a fine not to exceed two hundred dollars ($200), or

11-30

imprisoned for a period not to exceed three (3) months, or both the fine and imprisonment.

11-31

     5-32-6. Examination of applicants -- Expiration and renewal of certificates. -- (a)

11-32

Examination of applicants for certificates shall be held at least twice a year in the city of

11-33

Providence and may be held elsewhere at the discretion of the division of professional regulation

11-34

of the department of health. The division has the power to adopt, change, alter and amend, rules

12-1

and regulations for the conducting of those examinations, and may fix the fee for reexamination.

12-2

The division shall issue to each person successfully passing the examination, where an

12-3

examination is required, and who satisfies the division of his or her qualifications, a certificate,

12-4

signed by the administrator of the division, entitling him or her to practice that business in this

12-5

state for the annual period stated in the certificate, or until the certificate is revoked or suspended,

12-6

as subsequently provided.

12-7

     (b) All certificates shall expire on the 30th day of April of each year, unless sooner

12-8

suspended or revoked, and shall be renewed for the next ensuing year by the division upon

12-9

payment to the division of an annual renewal fee of thirty-one dollars and fifty cents ($31.50) as

12-10

set forth in § 23-1-54 for each renewal.

12-11

     5-32-7. Certification of licensees from other states. -- Any person licensed to practice

12-12

electrolysis in any other state or states, who is, or in good faith intends to become, a resident of

12-13

this state, where the requirements are the equivalent of those of this state and who meets the

12-14

requirements of this chapter shall be entitled to take that examination and, if he or she passes that

12-15

examination, shall be, upon the payment of a fee of sixty-two dollars and fifty cents ($62.50) as

12-16

set forth in § 23-1-54 , entitled to be licensed under the provisions of this chapter.

12-17

     5-32-13. Annual renewal of certificates. -- All certificates issued under the provisions

12-18

of this chapter shall be renewed annually by the holders of the certificate at an annual renewal fee

12-19

of thirty-one dollars and fifty cents ($31.50) as set forth in § 23-1-54 by the division of

12-20

professional regulation of the department of health.

12-21

     5-32-17. Qualifications for teaching electrolysis -- (a) A person in order to qualify as an

12-22

instructor or teacher of electrolysis to apprentices must:

12-23

     (1) Have been actively engaged as a licensed practitioner of electrolysis for at least five

12-24

(5) years.

12-25

     (2) Pass a state board examination specifically designed to evaluate his or her

12-26

qualifications to teach electrolysis.

12-27

     (3) Be a high school graduate or the equivalent.

12-28

     (b) Upon satisfactorily passing this examination, the division of professional regulation of

12-29

the department of health shall issue a license to the person upon the payment of a fee of eighty

12-30

dollars ($80.00) as set forth in § 23-1-54.

12-31

     (c) A qualified licensed electrologist shall not register more than one apprentice for each

12-32

nine (9) month training period.

12-33

     SECTION 7. Sections 5-33.2-12, 5-33.2-13.1, 5-33.2-15, and 5-33.2-16 of the General

12-34

Laws in Chapter 5-33.2 entitled “Funeral Director/Embalmer Funeral Service Establishments” are

13-1

hereby amended to read as follows:

13-2

     5-33.2-12. funeral establishment and branch offices licenses. -- (a) No person,

13-3

association, partnership, corporation, limited liability company or otherwise, shall conduct,

13-4

maintain, manage, or operate a funeral establishment or branch office unless a license for each

13-5

funeral establishment and branch office has been issued by the department and is conspicuously

13-6

displayed. In the case of funeral services conducted under the license of a funeral establishment

13-7

held in any private residence, public building or church, no separate establishment license shall be

13-8

required. A licensed funeral establishment must be distinct and separate from other non- funeral

13-9

service related activity for which it is licensed. No license to operate a funeral establishment shall

13-10

be issued by the department unless the applicant for the funeral establishment license has

13-11

registered with the department a licensed funeral director/embalmer who shall be in charge as the

13-12

funeral director of record. The branch office of a funeral establishment must have a separate

13-13

branch office establishment license but not a separate funeral director of record. One branch

13-14

office shall be allowed to operate under the funeral establishment license, and this one branch

13-15

office may be permitted to operate without a preparation room. Applications for the funeral

13-16

establishment license and branch office shall be made on forms furnished by the division

13-17

accompanied by the application fee of seventy dollars ($70.00) for the funeral establishment and

13-18

seventy dollars ($70.00) for each branch office fees as set forth in § 23-1-54. Upon receipt of a

13-19

completed application and the recommendation of the board, the division shall issue a license. All

13-20

funeral establishment and branch office licenses shall expire on the thirty-first day of December

13-21

of each year, unless sooner suspended or revoked. A license shall be issued to a specific licensee

13-22

for a specific location and is not transferable. The funeral establishment licensee shall notify the

13-23

division, in writing, delivered in person or by certified mail, within ten (10) days from the date of

13-24

termination of employment, for any cause, of the funeral director/embalmer of record with the

13-25

division for the funeral establishment. The license of the funeral establishment shall expire forty-

13-26

five (45) days from the date the division was notified by the licensee, if no new funeral

13-27

director/embalmer is registered with the division. No funeral services shall be conducted at the

13-28

funeral establishment without a funeral director/embalmer being registered with the division as

13-29

the funeral director of record for that funeral establishment. Two (2) licensed funeral directors

13-30

may operate jointly at one location if one of their existing funeral establishments closes its place

13-31

of business and joins an existing licensed funeral establishment. Each firm will hold its own

13-32

separate establishment license. One cannot operate a branch office by invoking this section.

13-33

Human dead remains shall not be held more than forty-eight (48) hours without embalming or

13-34

without refrigeration for the purpose of maintaining public health. A funeral establishment must

14-1

at the minimum contain a preparation room equipped with tile, cement, or composition floor,

14-2

necessary drainage and ventilation, and containing necessary instruments and supplies for the

14-3

preparation and embalming of dead human remains for burial, transportation, or other disposition.

14-4

     (b) Any person who inherits any ownership interest to a funeral establishment may

14-5

continue to conduct the business of that establishment as their ownership interest would allow

14-6

upon the following:

14-7

     (1) Filing with the division a statement of change of fact concerning that inheritance.

14-8

     (2) Conducting the business of the establishment in compliance with all the requirements

14-9

of this chapter.

14-10

     5-33.2-13.1. Crematories – License and inspection. --No crematory owned or operated

14-11

by or located on property licensed as a funeral establishment or at another location or by a

14-12

cemetery shall conduct cremations without first having applied for and obtained a license from

14-13

the department. Applications for the crematory license shall be made on forms furnished by the

14-14

division accompanied by the application fee of ninety dollars ($90.00) as set forth in § 23-1-54.

14-15

Upon receipt of a completed application, the department shall issue a license. A license shall be

14-16

issued to a specific licensee for a specific location and is not transferable. The facility and

14-17

licensee shall meet all requirements as prescribed by the rules and regulations established by the

14-18

department, not inconsistent with this chapter.

14-19

     5-33.2-15. Annual renewal of licenses. --All licenses issued under the provisions of this

14-20

chapter must be renewed annually by their holders, who shall pay to the division a yearly renewal

14-21

fee of one hundred and thirty dollars ($130) for the renewal of a funeral director/embalmer's

14-22

license, ninety dollars ($90.00) and additional fees for each funeral establishment branch office

14-23

license and ninety dollars ($90.00) for the crematory license. These fees are as set forth in § 23-1-

14-24

54. On or before the fifteenth day of November in each year, the division shall mail to each

14-25

licensed funeral director/embalmer and to each licensed funeral establishment, funeral

14-26

establishment branch office and crematory an application for the renewal. Applications,

14-27

accompanied by the fee for renewal, shall be filed with the division on or before the thirty-first

14-28

day of December in each year. Applications filed after the thirty-first of December and on or

14-29

before the fifteenth of January must be accompanied by a fee of seventy dollars ($70.00) as set

14-30

forth in § 23-1-54 for funeral director/embalmers and funeral establishments in addition to the

14-31

previously established renewal fees. Any funeral director/embalmer who acts or holds himself or

14-32

herself out as a funeral director/embalmer after his or her certificate has been lapsed shall be

14-33

punished as provided in this chapter. Any funeral establishment, funeral establishment branch

14-34

office or crematory who acts or holds itself out as a funeral establishment after its license has

15-1

lapsed shall be punished as provided in this chapter.

15-2

     5-33.2-16. Funeral director/Embalmer -- Internship. -- (a) Nothing in this chapter

15-3

shall be construed as prohibiting any person from serving as a funeral director/embalmer intern.

15-4

Before an internship begins the person desiring to become an intern shall register with the

15-5

division on any forms that it prescribes. No person under the age of eighteen (18) years shall be

15-6

permitted to register as an intern. The division may make any rules and regulations that it deems

15-7

advisable for the supervision of interns. All persons registering as an intern shall pay a fee of

15-8

forty dollars ($40.00) as set forth in § 23-1-54 at the time of the registration. That intern is not

15-9

permitted to advertise or hold himself or herself out to the public as a registered funeral

15-10

director/embalmer. The term of internship shall be not less than one year; provided, that if an

15-11

intern after having served his or her internship fails to pass the examination for a funeral

15-12

director/embalmer's license or fails to embalm fifty (50) human remains during their internship,

15-13

he or she may continue their internship. The total term of internship must be completed within

15-14

five (5) years from the date of original registration.

15-15

     (b) The intern must have assisted in embalming at least fifty (50) bodies if the period for

15-16

registered internship is to be satisfied in one year. If the internship is for more than one year, the

15-17

applicant must embalm at least twenty-five (25) bodies for each year of their internship. Each

15-18

licensed funeral establishment embalming up to one hundred fifty (150) human remains per year

15-19

shall be allowed to register one intern at one time. Each establishment embalming more than one

15-20

hundred fifty (150) but less than three hundred (300) human remains per year shall be allowed to

15-21

register two (2) interns at one time. Each establishment embalming three hundred (300) or more

15-22

human remains per year shall be allowed to register three (3) interns at one time.

15-23

     SECTION 8. Sections 5-34-12, 5-34-16, 5-34-19, 5-34-37, and 5-34-40.3 of the General

15-24

Laws in Chapter 5-34 entitled “Nurses” are hereby amended to read as follows:

15-25

     5-34-12. Application fee for professional nurses. --The applicant for a license to

15-26

practice as a professional nurse shall pay a fee of one hundred and thirty dollars ($130) as set

15-27

forth in § 23-1-54.

15-28

     5-34-16. Application fee for practical nurse licensure. -- The applicant for licensure to

15-29

practice as a licensed practical nurse shall pay a fee of ninety ($90.00) as set forth in § 23-1-54.

15-30

     5-34-19. Expiration and renewal of licenses -- (a) The license of every person licensed

15-31

under this chapter shall expire on the first day of March of every other year following the date of

15-32

license. On or before the first day of January of every year, the director shall mail an application

15-33

for renewal of license to people scheduled to be licensed that year. Every person who wishes to

15-34

renew his or her license shall file with the department a duly executed renewal application

16-1

together with the renewal fee of ninety dollars ($90.00) as set forth in § 23-1-54.

16-2

     (b) Upon receipt of an application accompanied by payment of fees, the department shall

16-3

grant a renewal license effective March second and expiring two (2) years later on March first,

16-4

and that renewal license shall render the holder a legal practitioner of nursing for the period stated

16-5

on the certificate of renewal. Every person seeking renewal of a license pursuant to this section

16-6

shall provide satisfactory evidence to the department that in the preceding two (2) years the

16-7

practitioner has completed the ten (10) required continuing education hours as established by the

16-8

department through rules and regulations. The department may extend for only one six (6) month

16-9

period these educational requirements if the department is satisfied that the applicant has suffered

16-10

hardship, which prevented meeting the educational requirement.

16-11

     (c) Any person practicing nursing during the time his or her license has lapsed shall be

16-12

considered an illegal practitioner and is subject to the penalties provided for violation of this

16-13

chapter.

16-14

     (d) A licensee whose license has expired by failure to renew may apply for reinstatement

16-15

according to the rules established by the board. Upon satisfaction of the requirements for

16-16

reinstatement, the board shall issue a renewal of license.

16-17

     5-34-37. Application fee for certified registered nurse practitioners. -- The initial

16-18

application fee for licensure as a certified registered nurse practitioner shall be one hundred and

16-19

thirty dollars ($130). The , the renewal fee for a certified registered nurse practitioner shall be one

16-20

hundred and thirty dollars ($130) biennially, ninety dollars ($90.00) for registered nurse fee plus

16-21

forty dollars ($40.00) for the certified registered nurse practitioner. The ,and the fee for

16-22

application for prescriptive privileges shall be fifty dollars ($50.00) as set forth in § 23-1-54.

16-23

     5-34-40.3. Application fee for psychiatric and mental health clinical nurse

16-24

specialists. -- The initial application fee for licensure as a psychiatric and mental health clinical

16-25

nurse specialist, shall be one hundred and thirty dollars ($130). The the renewal fee for a

16-26

psychiatric and mental health clinical nurse specialist, shall be one hundred and thirty dollars

16-27

($130) biennially; ninety dollars ($90.00) for the registered nurse fee plus forty dollars ($40.00)

16-28

for the psychiatric and mental health clinical nurse specialist. The fee and the for application fee

16-29

for prescriptive privileges shall be fifty dollars ($50.00) as set forth in § 23-1-54.

16-30

     SECTION 9. Section 5-34.2-4 of the General Laws in Chapter 5-34.2 entitled “Nurse

16-31

Anesthetists” is hereby amended to read as follows:

16-32

     5-34.2-4. Duties of board. -- (a) Applications. Applicants for licensure shall submit

16-33

appropriate certification credentials, as described in § 5-34.2-3, plus an application fee (not

16-34

refundable) made payable to the general treasurer, state of Rhode Island, for one hundred and

17-1

thirty dollars ($130) as set forth in § 23-1-54.

17-2

     (b) Renewal. Licensure as a nurse anesthetist shall be renewed during the same period as

17-3

the professional registered nurses license to practice in Rhode Island. Renewal fee for a nurse

17-4

anesthetists license shall be one hundred and thirty ($130), ninety dollars ($90.00) of this shall be

17-5

for the professional registered nurses license and forty dollars ($40.00) of this shall be for the

17-6

nurse anesthetists license as set forth in § 23-1-54.

17-7

     (c) Revocations, suspension or refusal to renew licensure. The board may revoke,

17-8

suspend or refuse to renew the licensure of any nurse anesthetist, if the board finds that the person

17-9

fails to meet the requirements for practice as a nurse anesthetist specified in either this chapter or

17-10

board regulation.

17-11

     (d) Announcement of practice. No person may practice or advertise as a nurse anesthetist

17-12

or use other words, letters, signs, figures or devices to indicate that the person is a certified

17-13

registered nurse anesthetist, CRNA, until the person has first been licensed by the board.

17-14

     SECTION 10. Sections 5-35.1-4, 5-35.1-7, 5-35.1-19 and 5-35.1-20 of the General Laws

17-15

in Chapter 5-35.1 entitled “Optometrists” are hereby amended to read al follows:

17-16

     5-35.1-4. Fee for license. -- Every applicant shall pay to the department a fee of ninety

17-17

dollars ($90.00) as set forth in § 23-1-54 which shall accompany his or her application for a

17-18

license.

17-19

     5-35.1-7. Renewal of license to practice optometry. --Every licensed optometrist who

17-20

desires to continue the practice of optometry shall attest to the completion of a prescribed course

17-21

of continuing optometric education. He or she shall annually pay to the department a renewal fee

17-22

of one hundred seventy dollars ($170). An additional fee of seventy dollars ($70.00) shall be

17-23

charged to the licensee who fails to renew by the license expiration date. Retirement from

17-24

practice in this state for a period not exceeding five (5) years shall not deprive the holder of a

17-25

certificate of license or the right to renew a certificate upon the payment of all annual renewal

17-26

fees remaining unpaid, and a further fifty dollars ($50.00) as together with an added fee. All fees

17-27

required by this section shall be as set forth in § 23-1-54.

17-28

     5-35.1-19. Construction of glass lenses – Violations penalty. -- (a) No person shall

17-29

distribute, sell, or deliver any eyeglasses or sunglasses unless those eyeglasses or sunglasses are

17-30

fitted with heat-treated glass lenses, plastic lenses, lamination lenses, or lenses made impact-

17-31

resistant by other methods. The provisions of this subsection do not apply if a physician or

17-32

optometrist, having found that those lenses will not fulfill the visual requirements of a particular

17-33

patient, directs, in writing, the use of other lenses and gives written notification to the patient.

17-34

Before they are mounted in frames, all impact-resistant eyeglasses and sunglass lenses, except

18-1

plastic lenses, laminated lenses, and raised ledge multi focal lenses must withstand an impact test

18-2

of a steel ball five-eighths (5/8) of an inch in diameter weighing approximately fifty-six

18-3

hundredths of an ounce (0.56 oz.) dropped from a height of fifty inches (50"). Raised ledge multi

18-4

focal lenses are capable of withstanding the impact test but do not need to be tested beyond initial

18-5

design testing. To demonstrate that all plastic lenses and laminated lenses are capable of

18-6

withstanding the impact test, the manufacturer of the lenses shall subject to the impact test a

18-7

statistically significant sampling of lenses from each production batch, and the tested lenses are

18-8

representative of the finished forms as worn by the wearer. Plastic prescription and plastic non-

18-9

prescription lenses, tested on the basis of statistical significance, may be tested in uncut finished

18-10

or semi-finished form at the point of original manufacture.

18-11

     (b) Any person convicted of violating the provisions of this section shall be punished by a

18-12

fine of not less than five hundred dollars ($500) that set forth in § 23-1-54 for each violation.

18-13

     5-35.1-20 Penalty for violations. -- Any person who violates the provisions of this

18-14

chapter shall be punished by a fine or not more than two hundred dollars ($200) that set forth in §

18-15

23-1-54, or shall be imprisoned for not more than three (3) months for each offense.

18-16

     SECTION 11. Section 5.35.2-3 of the General Laws in Chapter 5-53.2 entitled

18-17

“Opticians” is hereby amended to read as follows:

18-18

     5-35.2-3. Optician's biennial license fee. -- Every applicant shall pay to the department

18-19

a fee of ninety dollars ($90) as set forth in § 23-1-54 which shall accompany his or her

18-20

application for a license. No one shall be permitted to practice opticianry without a valid license.

18-21

     SECTION 12. Sections 5-37-2, 5-37-10, 5-37-16 and 5-37-16.1 of the General Laws in

18-22

Chapter 5-37 entitled “Board of Medical Licensure and Discipline” are hereby amended to read

18-23

as follows:

18-24

     5-37-2. License to practice -- Qualifications of applicants -- Fee – Reexamination. --

18-25

(a) Authority to practice allopathic or osteopathic medicine under this chapter shall be by a

18-26

license issued by the director of the department of health to any reputable physician who intends

18-27

to practice allopathic or osteopathic medicine in this state, and who meets the requirements for

18-28

licensure established in this chapter and regulations established by the board or by the director.

18-29

Applicants for licensure shall present satisfactory evidence of graduation from a medical school

18-30

or school of osteopathic medicine approved by the board and in good standing, shall meet post

18-31

graduate training requirements and any other requirements that the board or director establishes

18-32

by regulation, and shall pass in a satisfactory manner any examination that the board may require.

18-33

Any physician applying for licensure shall pay an a non refundable application fee of five

18-34

hundred and seventy dollars ($570) and that fee shall in no case be returned. Applicants requiring

19-1

reexamination shall submit a fee of five hundred and seventy dollars ($570) and when applicable

19-2

a reexamination fee for each reexamination, in a total amount as set forth in § 23-1-54.

19-3

     (2) A license to practice allopathic medicine shall be issued to persons who have

19-4

graduated from a school of medicine, possess a degree of doctor of medicine (or meet the

19-5

requirements of subsection (b) of this section), and meet the requirements for licensure.

19-6

     (3) A license to practice osteopathic medicine shall be issued to persons who have

19-7

graduated from a school of osteopathic medicine and possess a degree of doctor of osteopathy

19-8

and otherwise meet the requirements for licensure. A license to practice osteopathic medicine

19-9

shall confer upon the holder the right to practice osteopathic medicine in all its branches as taught

19-10

and practiced in accredited colleges of osteopathic medicine. The holder of that license shall be

19-11

subject to the same duties and liabilities and entitled to the same rights and privileges, which may

19-12

be imposed by law or governmental regulation, upon physicians of any school of medicine.

19-13

     (b) Qualification of Certain Other Applicants for License. Notwithstanding any other

19-14

provisions of this section an individual, who at the time of his or her enrollment in a medical

19-15

school outside the United States is a citizen of the United States, shall be eligible to apply for a

19-16

certificate pursuant to this section if he or she has satisfied the following requirements:

19-17

     (i) Has studied medicine in a medical school located outside the United States, which is

19-18

recognized by the World Health Organization;

19-19

     (ii) Has completed all of the formal requirements of the foreign medical school except

19-20

internship and/or social service;

19-21

     (iii) Has attained a score satisfactory to a medical school approved by the liaison

19-22

committee on medical education on a qualifying examination acceptable to the state board for

19-23

medicine, and has satisfactorily completed one academic year of supervised clinical training

19-24

under the direction of any United States medical school;

19-25

     (iv) Has completed the post-graduate hospital training required by the board of applicants

19-26

for licensure; and

19-27

     (v) Has passed the examination required by the board of all applicants for licensure.

19-28

     (2) Satisfaction of the requirements of subdivision (1) of this subsection is in lieu of the

19-29

completion of any foreign internship and/or social service requirements, and no such

19-30

requirements are a condition of licensure as a physician in this state.

19-31

     (3) Satisfaction of the requirements of subdivision (1) of this subsection is in lieu of

19-32

certification by the educational council for foreign medical graduates, and this certification is not

19-33

a condition of licensure as a physician in this state.

20-34

     (4) No hospital licensed by this state, or operated by the state or a political subdivision of

20-35

the state, or which receives state financial assistance, directly or indirectly, requires an individual,

20-36

who at the time of his or her enrollment in a medical school outside the United States is a citizen

20-37

of the United States, to satisfy any requirements other than those contained in paragraphs

20-38

(1)(i),(ii), and (iii) of this subsection prior to commencing an internship or residency.

20-39

     (5) A document granted by a medical school located outside the United States which is

20-40

recognized by the World Health Organization issued after the completion of all the formal

20-41

requirements of that foreign medical school except internship and/or social service, upon

20-42

certification by the medical school in which this training was received of satisfactory completion

20-43

by the person to whom this document was issued of the requirements in paragraph (1)(iii) of this

20-44

subsection, shall be deemed the equivalent of a degree of doctor of medicine for purposes of

20-45

licensure and practice as a physician in this state.

20-46

     (6) No funds appropriated by the general assembly to any school or college of medicine

20-47

shall be disbursed until the director of the department of health has certified that this school or

20-48

college has established, and will maintain until December 31, 1989, a clinical training program as

20-49

contemplated by paragraph (1)(iii) of this subsection, to accommodate residents of this state

20-50

deemed qualified by that school or college of medicine consistent with that school's or college's

20-51

educational resources.

20-52

     5-37-10. Annual registration – Physicians -- Hospitals. -- (a) Effective beginning in

20-53

calendar year 2004, on or before the first day of March in each year, the board shall mail an

20-54

application for biannual registration to every person to whom a license to practice medicine in

20-55

this state has been granted by the licensing authority in the state. Every licensed person who

20-56

intends to engage in the practice of his or her profession during the ensuing two (2) year period

20-57

shall register his or her license by submitting to the board, on or before June 1, the application,

20-58

executed together with the registration form, and fee as established by regulation by the director

20-59

of the department of health. Upon receipt of the application and fee the board shall issue a

20-60

registration certificate effective July 1 and expiring two (2) years following on June 30. The

20-61

registration certificate renders the holder a registered practitioner of medicine for that registration

20-62

period. Effective beginning in calendar year 2004, any references in this chapter to annual

20-63

registration or annual limited registration shall be interpreted to mean biannual registration and

20-64

biannual limited registration, respectively.

20-65

     (b) The registration certificate of all physicians whose renewals accompanied by the

20-66

prescribed fee are not completed and filed on or before the first day of July shall automatically

20-67

lapse. The board may, in its discretion and upon the payment by the physician of the current

20-68

registration fee plus an additional fee of one hundred and thirty dollars ($130) as set forth in § 23-

21-1

1-54, reinstate any certificate lapsed under the provisions of this section.

21-2

     (c) Hospitals shall, on or before the first day of December of each year, submit an

21-3

application and annual fee to the board as a condition of rendering hospital services in the state.

21-4

The form of application and fee shall be as the director, by regulation, establishes; provided, that

21-5

the ratio of payment between hospital per bed licensing fees and the combined licensing and

21-6

board of medical licensure and discipline fees paid by physicians remain the same as the ratio that

21-7

existed as of January 1, 1987. All fees collected pursuant to this section shall be deposited as

21-8

general revenues.

21-9

     5-37-16. Limited registrations. -- (a) An applicant for limited registration under this

21-10

chapter who furnishes the board with satisfactory proof that the applicant is eighteen (18) years of

21-11

age or older and of good moral character, that the applicant has graduated from a legally

21-12

chartered medical school or school of osteopathic medicine having power to grant degrees in

21-13

allopathic or osteopathic medicine, and that the applicant has been appointed an intern, resident,

21-14

fellow or medical officer in a hospital or other institution maintained by the state, or by a city or

21-15

town, or in a hospital or clinic which is incorporated under the laws of this state, or in a clinic

21-16

which is affiliated with a hospital licensed by the department of health, or in an out-patient clinic

21-17

operated by the state, may, upon the payment of forty dollars ($40.00) as set forth in § 23-1-54,

21-18

be registered by the board as a hospital medical officer for any time that the board may prescribe.

21-19

This limited registration shall entitle the applicant to practice medicine in the hospital or other

21-20

institution designated on his or her certificate of limited registration, or outside this hospital or

21-21

other institution for the treatment, under the supervision of one of its medical officers who is a

21-22

licensed physician, of persons accepted by it as patients, or in any hospital, institution, clinic, or

21-23

program affiliated for training purposes with the hospital, institution, or clinic designated on this

21-24

certificate, which affiliation is approved by the board, and in any case under regulations

21-25

established by the hospital, institution, or clinic; provided, that each hospital, institution, or clinic

21-26

annually submits to the board a list of affiliated hospitals, institutions, clinics, or programs

21-27

providing training programs which comply with the terms of this section. Limited registration

21-28

under this section may be revoked at any time by the board.

21-29

     (b) The director may promulgate any rules and regulations that he or she deems necessary

21-30

to carry out the provisions of this chapter.

21-31

     5-37-16.1. Limited registration – Academic faculty. -- Notwithstanding any other

21-32

provisions of this chapter, a physician of noteworthy and recognized professional attainment who

21-33

is a clearly outstanding physician and who has been offered by the dean of a medical school in

21-34

this state a full-time academic appointment, shall be eligible for a limited registration while

22-1

serving on the academic staff of the medical school. Upon recommendation of the dean of an

22-2

accredited school of medicine in this state, the board in its discretion, after being satisfied that the

22-3

applicant is a graduate of a foreign medical school and a person of professional rank whose

22-4

knowledge and special training will benefit the medical school in this state, may issue to this

22-5

physician a limited registration to engage in the practice of medicine to the extent that this

22-6

practice is incidental to a necessary part of his or her academic appointment and then only in the

22-7

hospital or hospitals and out-patient clinics connected with the medical school. Except to the

22-8

extent authorized by this section, the registrant shall not engage in the practice of medicine or

22-9

receive compensation for his or her limited registration work, unless he or she is issued a license

22-10

to practice medicine in accordance with the provisions of § 5-37-2. The registration shall be valid

22-11

for a period of not more than one year expiring on the 30th day of June following its initial

22-12

effective date but may be renewed annually; provided, that the registration automatically expires

22-13

when the holder's relationship with the medical school is terminated. The application fee for the

22-14

initial registration authorized under this section shall be four hundred and sixty dollars ($460);

22-15

and the initial application fee for annual renewal shall be one hundred and thirty dollars ($130) as

22-16

set forth in § 23-1-54. thereafter Thereafter the fees shall be as promulgated by regulation of the

22-17

director.

22-18

     SECTION 13. Section 5-37.2-10 and 5-37.2-14 of General Laws entitled “The Healing

22-19

Art of Acupuncture” are hereby amended to read as follows:

22-20

     5-37.2-10. Application for licenses -- Fees. -- An applicant for examination for a license

22-21

to practice acupuncture or any branch of acupuncture, shall:

22-22

     (1) Submit an application to the department on forms provided by the department;

22-23

     (2) Submit satisfactory evidence that he or she is twenty-one (21) years or older and

22-24

meets the appropriate education requirements;

22-25

     (3) Pay a fee of one hundred and seventy dollars ($170) as set forth in § 23-1-54 and

22-26

     (4) Pay any fees required by the department for an investigation of the applicant or for the

22-27

services of a translator, if required, to enable the applicant to take the examination.

22-28

     5-37.2-14. Recordation and display of licenses – Annual registration fee – Penalties

22-29

for failure to pay fee. -- (a) Every person holding a license authorizing him or her to practice

22-30

acupuncture or to serve as an acupuncture assistant in this state shall record his or her license with

22-31

the city or town hall in the city or town where his or her office and residence are located. Every

22-32

licensee upon a change of residence or office shall have his or her certificate recorded in the same

22-33

manner in the municipality to which he or she has changed.

23-34

     (b) Every license shall be displayed in the office, place of business, or place of

23-35

employment of the license holder.

23-36

     (c) Every person holding a license shall pay to the department on or before February 1 of

23-37

each year, the annual registration fee required pursuant to subsection (e) of this section

23-38

department rules and regulation. If the holder of a license fails to pay the registration fee his or

23-39

her license shall be suspended. The license may be reinstated by payment of the required fee

23-40

within ninety (90) days after February 1.

23-41

     (d) A license which is suspended for more than three (3) months under the provisions of

23-42

subsection (c) of this section may be canceled by the board after thirty (30) days notice to the

23-43

holder of the license.

23-44

     SECTION 14. Section 5-39.1-9 of the General Laws in Chapter 5-39.1 entitled “License

23-45

Procedure for Social Workers” is hereby amended to read as follows:

23-46

     5-39.1-9. Fees and renewal. --The initial fee for application for licensure is one hundred

23-47

and seventy dollars ($170). Licenses shall be renewed and the renewal fee every twenty-four (24)

23-48

months after initial licensure upon payment of a fee of one hundred and seventy dollars ($170)

23-49

shall be as set forth in § 23-1-54. Renewal shall be approved upon payment of the fee and in

23-50

compliance with any additional requirements that the board promulgates.

23-51

     SECTION 15. Sections 5-40-8, 5-40-8.1, and 5-40-10 of the General Laws in Chapter 5-

23-52

40 entitled “Physical Therapists” are hereby amended to read as follows:

23-53

     5-40-8. Application fee for physical therapists. -- When an application is submitted to

23-54

the division of professional regulation for a license to practice physical therapy in Rhode Island

23-55

pursuant to this chapter, either by endorsement or by examination, the applicant shall pay a fee of

23-56

one hundred and seventy dollars ($170) as set forth in § 23-1-54 to the state department of health.

23-57

     5-40-8.1. Application fee for physical therapists assistants. -- When an application is

23-58

submitted to the department for a license to practice physical therapy in Rhode Island pursuant to

23-59

this chapter, either by endorsement or by examination, the applicant shall pay a fee of one

23-60

hundred and thirty dollars ($130) as set forth in § 23-1-54 to the general treasurer of the state of

23-61

Rhode Island.

23-62

     5-40-10. Continuing education requirements and expiration and renewal of licenses.

23-63

-- (a) The certificate of every person licensed under the provisions of this chapter shall expire on

23-64

the first day of May of the next even year following the date of original licensure. On or before

23-65

the first day of March of each year, the department shall mail an application for renewal of

23-66

license to every person to whom a license has been issued or renewed during the current licensure

23-67

period. Every licensed person who desires to renew his or her license shall provide satisfactory

23-68

evidence to the department that in the preceding two (2) years the practitioner has completed the

24-1

twenty-four (24) required continuing education hours as established by the department through

24-2

rules and regulations and shall file with department a renewal application executed together with

24-3

a renewal fee of ninety dollars ($90.00) for physical therapists and seventy dollars ($70.00) for

24-4

physical therapist assistants as set forth in § 23-1-54 on or before the thirty-first day of March of

24-5

each even year. The department may extend for only one six (6) month period these educational

24-6

requirements if the department is satisfied that the applicant has suffered hardship, which

24-7

prevented meeting the educational requirement.

24-8

     (b) Upon receipt of the renewal application, and payment of the renewal fee, the accuracy

24-9

of the application shall be verified and the department shall grant a renewal license effective the

24-10

second day of May, and expiring on the first day of May of the next even year.

24-11

     (c) Any person who allows his or her license to lapse by failing to renew it on or before

24-12

the thirty-first day of March of the next even year, as provided in this section, may be reinstated

24-13

by the department on payment of the current renewal fee plus an additional fee of forty dollars

24-14

($40.00) as set forth in § 23-1-54.

24-15

     (d) Any person using the title "physical therapist" or "physical therapist assistant" during

24-16

the time that his or her license has lapsed is subject to the penalties provided for violations in this

24-17

chapter.

24-18

     SECTION 16. Sections 5-40.1-12 and 5-40.1-13 of the General Laws in Chapter 5-40.1

24-19

entitled “Occupational Therapy” are hereby amended to read as follows:

24-20

     5-40.1-12. Renewal of licenses - Inactive status. -- (a) Upon the recommendation of the

24-21

board, the director shall issue to applicants who have satisfactorily met the licensure requirements

24-22

of this chapter, a license to practice occupational therapy in this state. The license, unless sooner

24-23

suspended or revoked, shall expire on the thirty-first (31st) day of March, of each even year

24-24

(biennially).

24-25

     (1) On or before the first (1st) day of March of each even year, the administrator of the

24-26

division shall mail an application for renewal of license to every individual to whom a license has

24-27

been issued or renewed during the current licensure period.

24-28

     (2) Every licensed individual who desires to renew his or her license shall file with the

24-29

division a renewal application executed together with the evidence of continuing education

24-30

requirements as delineated in subdivision (3) of this subsection and the renewal fee of ninety

24-31

dollars ($90.00) as set forth in § 23-1-54 made payable by check to the general treasurer, state of

24-32

Rhode Island, on or before the thirty-first (31st) day of March of each even year.

24-33

     (3) On application for renewal of license, occupational therapists and occupational

24-34

therapy assistants must show proof of participation in twenty (20) hours biennially in

25-1

presentations, clinical instruction, publications, research, in-service programs, American

25-2

Occupational Therapy Association-recognized conferences, university course, and/or self-study

25-3

courses.

25-4

     (4) Upon receipt of a renewal application and payment of fee, the director shall, upon the

25-5

recommendation of the board, grant a renewal license effective the thirty-first (31st) day of

25-6

March for a period of two (2) years, unless sooner suspended or revoked.

25-7

     (5) Any individual who allows his or her license to lapse by failing to renew it on or

25-8

before the thirty-first (31st) day of March of the next even year as provided in subdivisions (1),

25-9

(2) and (3) of this subsection, may be reinstated by the director upon receiving a receipt from the

25-10

division for payment of the current renewal fee plus an additional forty dollars ($40.00) fee as set

25-11

forth in § 23-1-54 made payable by check to the general treasurer, state of Rhode Island.

25-12

     (6) An individual using the title "occupational therapist" or "occupational therapy

25-13

assistant" during the time his or her license has lapsed is subject to the penalties provided for

25-14

violation of those regulations and this chapter.

25-15

     (b) An individual licensed as an occupational therapist or occupational therapy assistant

25-16

in this state who does not intend to engage in the practice of occupational therapy within this state

25-17

during any year, may upon request to the division, have his or her name transferred to an inactive

25-18

status and shall not be required to register biennially or pay any fee as long as he or she remains

25-19

inactive. Any individual whose name has been transferred to an inactive status pursuant to this

25-20

section, may be restored to active status to practice occupational therapy without a penalty fee,

25-21

upon the filing of an application for licensure renewal, the licensure renewal fee of ninety dollars

25-22

($90.00) as set forth in § 23-1-54 made payable by check to the general treasurer of the state of

25-23

Rhode Island, and any other information that may be requested by the division.

25-24

     5-40.1-13. Fees. -- When an application is submitted to the division of professional

25-25

regulation for a license to practice occupational therapy in Rhode Island, the applicant shall pay a

25-26

non-refundable fee of ninety dollars ($90.00) to the general treasurer. A licensee shall submit a

25-27

biennial renewal fee of ninety dollars ($90.00) with a renewal application on or before the thirty-

25-28

first (31st) day of March of each even year pursuant to the requirements of § 5-40.1-12(a)(2), and

25-29

any person who allows his or her license to lapse by failing to renew it in the prescribed manner

25-30

shall pay an additional fee of forty dollars ($40.00) as referred to in § 5-40.1-12(a)(5). All fees

25-31

required by this section shall be as set forth in § 23-1-54.

25-32

     SECTION 17. Sections 5-44-12, 5-44-13, and 5-44-15 of the General Laws in Chapter 5-

25-33

44 entitled “Psychologists” are hereby amended to read as follows:

26-34

     5-44-12. Application fee. -- The applicant applying for licensure as a psychologist shall

26-35

pay a fee of two hundred and fifty dollars ($250) as set forth in § 23-1-54 to the department.

26-36

     5-44-13. Temporary license. -- (a) Pursuant to §§ 5-44-6 and 5-44-23(e) of this chapter

26-37

and rules and regulations promulgated hereunder, a temporary permit to practice psychology

26-38

under supervision may be granted to a candidate for licensure who has paid the required fee of

26-39

ninety dollars ($90.00) as set forth in § 23-1-54 and has satisfied the following requirements:

26-40

     (1) Filed an application for licensure with all required supporting materials;

26-41

     (2) Has received a doctoral degree in accordance with §5-44-10, and successfully

26-42

completed a national examination approved by the board;

26-43

     (3) Shall only practice under the appropriate supervision of a licensed psychologist as

26-44

delineated in the rules and regulations promulgated hereunder;

26-45

     (4) Shall refrain from using the title "psychologist" or representing himself or herself as a

26-46

psychologist other than by using the title "psychology student", "psychology trainee" or

26-47

"psychology intern"; and

26-48

     (5) The temporary permit shall be valid for a period of two (2) years from the date of

26-49

issuance.

26-50

     (b) Temporary permit holders may request from the board a one year extension. Such an

26-51

extension may be granted at the discretion of the board upon review of the applicant's

26-52

circumstances. This extension shall only be granted once.

26-53

     5-44-15. Expiration and renewal of licenses – Continuing education – Lapsed

26-54

license. -- (a) The license of every person licensed under the provisions of this chapter shall

26-55

expire on the first day of July of the next even-numbered year following the issuance of his or her

26-56

license.

26-57

     (b) On or before the first day of May of each even-numbered year, the department shall

26-58

mail an application for renewal of license to every person to whom a license has been issued or

26-59

renewed during the cycle.

26-60

     (c) Every licensed person who desires to renew his or her license shall file with the

26-61

department a renewal application, executed, together with a renewal fee of three hundred and

26-62

forty dollars ($340) as set forth in § 23-1-54, on or before the first day of June in each even-

26-63

numbered year. Upon receipt of a renewal application and payment of the renewal fee, the

26-64

accuracy of the application shall be verified and the department may grant a renewal license

26-65

effective July 1st and expiring the June 30th in each even-numbered year.

26-66

     (d) Every licensed psychologist who desires to continue licensure as a licensed

26-67

psychologist shall present satisfactory evidence to the board and approved by rule or regulation of

26-68

the board that the licensed psychologist has completed a prescribed course of continuing licensed

27-1

psychological education.

27-2

     (e) Any person who allows his or her license to lapse, by failing to renew it on or before

27-3

June 1st in each even-numbered year, as provided in this section, may be reinstated by the

27-4

department on payment of the current renewal fee, plus an additional fee of forty dollars ($40.00)

27-5

as set forth in § 23-1-54. Any person using the title "psychologist" or offering services defined as

27-6

the practice of psychology under this chapter during the time his or her license has lapsed is

27-7

subject to the penalties provided for violation of this chapter.

27-8

     SECTION 18. Section 5-45-10 of the General Laws in Chapter 5-45 entitled “Nursing

27-9

Home Administrators” is hereby amended to read as follows:

27-10

     5-45-10. Renewal of licenses - Continuing education. -- (a) Every holder of a nursing

27-11

home administrator's license shall renew it every two (2) years by applying to the department on

27-12

forms provided by that agency.

27-13

     (b) Each renewal application shall be accompanied by the fee of two hundred dollars

27-14

($200) as set forth in § 23-1-54.

27-15

     (c) Beginning January 1, 1996, proof of satisfactory completion of a minimum of forty

27-16

(40) clock hours of continuing education every two (2) years must be submitted with the renewal

27-17

application.

27-18

     (d) Renewals shall be granted as a matter of course, unless the agency finds the applicant

27-19

has acted or failed to act in a manner or under circumstances that would constitute grounds for

27-20

suspension or revocation of a license.

27-21

     SECTION 19. Sections 5-48-1 and 5-48-9 of the General Laws in Chapter 5-48 entitled

27-22

“Speech Pathology and Audiology” are hereby amended to read as follows:

27-23

     5-48-1. Purpose and legislative intent – Definitions. -- (a) It is declared to be a policy

27-24

of this state that the practice of speech language pathology and audiology is a privilege granted to

27-25

qualified persons and that, in order to safeguard the public health, safety, and welfare, protect the

27-26

public from being misled by incompetent, unscrupulous, and unauthorized persons, and protect

27-27

the public from unprofessional conduct by qualified speech language pathologists and

27-28

audiologists, it is necessary to provide regulatory authority over persons offering speech language

27-29

pathology and audiology services to the public.

27-30

     (b) The following words and terms when used in this chapter have the following meaning

27-31

unless otherwise indicated within the context:

27-32

     (1) "Audiologist" means an individual licensed by the board to practice audiology.

27-33

     (2) "Audiology" means the application of principles, methods, and procedures related to

27-34

hearing and the disorders of the hearing and balance systems, to related language and speech

28-1

disorders, and to aberrant behavior related to hearing loss. A hearing disorder in an individual is

28-2

defined as altered sensitivity, acuity, function, processing, and/or damage to the integrity of the

28-3

physiological auditory/vestibular systems.

28-4

     (3) "Audiology support personnel" means individuals who meets minimum

28-5

qualifications, established by the board, which are less than those established by this chapter as

28-6

necessary for licensing as an audiologist, who do not act independently, and who work under the

28-7

direction and supervision of an audiologist licensed under this chapter who has been actively

28-8

working in the field for twenty-four (24) months after completion of the postgraduate

28-9

professional experience and who accepts the responsibility for the acts and performances of the

28-10

audiology assistant while working under this chapter.

28-11

     (4) "Board" means the state board of examiners for speech language pathology and

28-12

audiology.

28-13

     (5) "Clinical fellow" means the person who is practicing speech language pathology

28-14

under the supervision of a licensed speech language pathologist while completing the

28-15

postgraduate professional experience as required by this chapter.

28-16

     (6) "Department" means the Rhode Island department of health.

28-17

     (7) "Director" means the director of the Rhode Island department of health.

28-18

     (8) "Person" means an individual, partnership, organization, or corporation, except that

28-19

only individuals can be licensed under this chapter.

28-20

     (9) "Practice of audiology" means rendering or offering to render any service in

28-21

audiology, including prevention, screening, and identification, evaluation, habilitation,

28-22

rehabilitation; participating in environmental and occupational hearing conservation programs,

28-23

and habilitation and rehabilitation programs including hearing aid and assistive listening device

28-24

evaluation, prescription, preparation, dispensing, and/or selling and orientation; auditory training

28-25

and speech reading; conducting and interpreting tests of vestibular function and nystagmus;

28-26

conducting and interpreting electrophysiological measures of the auditory pathway; cerumen

28-27

management; evaluating sound environment and equipment; calibrating instruments used in

28-28

testing and supplementing auditory function; and planning, directing, conducting or supervising

28-29

programs that render or offer to render any service in audiology.

28-30

     (ii) The practice of audiology may include speech and/or language screening to a pass or

28-31

fail determination, for the purpose of initial identification of individuals with other disorders of

28-32

communication.

28-33

     (iii) A practice is deemed to be the "practice of audiology" if services are offered under

28-34

any title incorporating such word as "audiology", "audiologist", "audiometry", "audiometrist",

29-1

"audiological", "audiometrics", "hearing therapy", "hearing therapist", "hearing clinic", "hearing

29-2

clinician", "hearing conservation", "hearing conservationist", "hearing center", "hearing aid

29-3

audiologist", or any similar title or description of services.

29-4

     (10) "Practice of speech language pathology" means rendering or offering to render any

29-5

service in speech language pathology including prevention, identification, evaluation,

29-6

consultation, habilitation, rehabilitation; determining the need for augmentative communication

29-7

systems, dispensing and selling these systems, and providing training in the use of these systems;

29-8

and planning, directing, conducting, or supervising programs that render or offer to render any

29-9

service in speech language pathology.

29-10

     (ii) The practice of speech language pathology may include nondiagnostic pure tone air

29-11

conduction screening, screening tympanometry, and acoustic reflex screening, limited to a pass or

29-12

fail determination, for the purpose of performing a speech and language evaluation or for the

29-13

initial identification of individuals with other disorders of communication.

29-14

     (iii) The practice of speech language pathology also may include aural rehabilitation,

29-15

which is defined as services and procedures for facilitating adequate receptive and expressive

29-16

communication in individuals with hearing impairment.

29-17

     (iv) A practice is deemed to be the "practice of speech language pathology" if services are

29-18

offered under any title incorporating such words as "speech pathology", "speech pathologist",

29-19

"speech therapy", "speech therapist", "speech correction", "speech correctionist", "speech clinic",

29-20

"speech clinician", "language pathology", "language pathologist", "voice therapy", "voice

29-21

therapist", "voice pathology", "voice pathologist", "logopedics", "logopedist", "communicology",

29-22

"communicologist", "aphasiology", "aphasiologist", "phoniatrist", or any similar title or

29-23

description of services.

29-24

     (11) "Regionally accredited" means the official guarantee that a college or university or

29-25

other educational institution is in conformity with the standards of education prescribed by a

29-26

regional accrediting commission recognized by the United States Secretary of Education.

29-27

     (12) "Speech language pathologist" means an individual who is licensed by the board to

29-28

practice speech language pathology.

29-29

     (13) "Speech language pathology" means the application of principles, methods, and

29-30

procedures for prevention, identification, evaluation, consultation, habilitation, rehabilitation,

29-31

instruction, and research related to the development and disorders of human communication.

29-32

Disorders are defined to include any and all conditions, whether of organic or non-organic origin,

29-33

that impede the normal process of human communication in individuals or groups of individuals

29-34

who have or are suspected of having these conditions, including, but not limited to, disorders and

30-1

related disorders of:

30-2

     (i) Speech: articulation, fluency, voice, (including respiration, phonation and resonance);

30-3

     (ii) Language (involving the parameters of phonology, morphology, syntax, semantics

30-4

and pragmatics; and including disorders of receptive and expressive communication in oral,

30-5

written, graphic, and manual modalities);

30-6

     (iii) Oral, pharyngeal, laryngeal, cervical esophageal, and related functions (e.g.,

30-7

dysphasia, including disorders of swallowing and oral function for feeding; oro-facial

30-8

myofunctional disorders);

30-9

     (iv) Cognitive aspects of communication (including communication disability and other

30-10

functional disabilities associated with cognitive impairment); and

30-11

     (v) Social aspects of communication (including challenging behavior, ineffective social

30-12

skills, lack of communication opportunities).

30-13

     (14) "Speech language support personnel" means individuals who meet minimum

30-14

qualifications established by the board, which are less than those established by this chapter as

30-15

necessary for licensing as a speech language pathologist, who do not act independently, and who

30-16

work under the direction and supervision of a speech language pathologist licensed under this

30-17

chapter who has been actively working in the field for twenty-four (24) months after completion

30-18

of the postgraduate professional experience and who accepts the responsibility for the acts and

30-19

performances of the speech language pathology assistant while working under this chapter.

30-20

Speech language support personnel shall be registered with the board within thirty (30) days of

30-21

beginning work, or the supervising speech language pathologist will be assessed a late filing fee

30-22

of seventy dollars ($70.00) as set forth in § 23-1-54.

30-23

     5-48-9. Fees -- Late filing -- Inactive status. -- Filing fees for support personnel

30-24

registration. - (a) The board may charge an application fee of fifty dollars ($50.00); a biennial

30-25

license renewal fee of ninety dollars ($90.00) payable before July 1 of even years (biennially); or

30-26

a provisional license renewal fee of fifty dollars ($50.00) as set forth in § 23-1-54 payable

30-27

annually from the date of issue.

30-28

     (b) Any person who allows his or her license to lapse by failing to renew it on or before

30-29

the thirtieth (30th) day of June of even years (biennially), may be reinstated by the board on

30-30

payment of the current renewal fee plus an additional late filing fee of forty dollars ($40.00) as set

30-31

forth in § 23-1-54.

30-32

     (c) An individual licensed as a speech language pathologist and/or audiologist in this

30-33

state, not in the active practice of speech-language pathology or audiology within this state during

30-34

any year, may upon request to the board, have his or her name transferred to an inactive status

31-1

and shall not be required to register biennially or pay any fee as long as he or she remains

31-2

inactive. Inactive status may be maintained for no longer than two (2) consecutive licensing

31-3

periods, after which period licensure shall be terminated and reapplication to the board shall be

31-4

required to resume practice.

31-5

     (d) Any individual whose name has been transferred to an inactive status may be restored

31-6

to active status within two (2) licensing periods without a penalty fee, upon the filing of:

31-7

     (1) An application for licensure renewal, with a licensure renewal fee of ninety dollars

31-8

($90.00) as set forth in § 23-1-54 made payable by check to the general treasurer of the state of

31-9

Rhode Island; and

31-10

     (2) Any other information that the board may request.

31-11

     (e) Audiology and speech language pathology support personnel shall be registered with

31-12

the board within thirty (30) days of beginning work, or the supervising audiologist or speech

31-13

language pathologist shall be assessed a late filing fee of fifty dollars ($50.00) as set forth in § 23-

31-14

1-54 .

31-15

     SECTION 20. Sections 5-49-6, 5-49-8, and 5-49-11 of the General Laws in Chapter 5-49

31-16

entitled “Hearing Aid Dealers and Fitters” are hereby amended to read as follows:

31-17

     5-49-6. Issuance of licenses and certificates of endorsement. -- (a) The department

31-18

shall register each applicant without discrimination who passes an examination as provided in §

31-19

5-49-7. Upon the applicant's payment of twenty-five dollars ($25.00) as set forth in § 23-1-54 per

31-20

annum for each year of the term of license, the department shall issue to the applicant a license

31-21

signed by the department. The total fee for the entire term of licensure shall be paid prior to the

31-22

issuance of the license.

31-23

     (b) Whenever the board determines that another state or jurisdiction has requirements

31-24

equivalent to or higher than those in effect pursuant to this chapter, and that this state or

31-25

jurisdiction has a program equivalent to or stricter than the program for determining whether

31-26

applicants pursuant to this chapter are qualified to dispense and fit hearing aids, the department

31-27

may issue certificates of endorsement to applicants who hold current, unsuspended, and

31-28

unrevoked certificates or licenses to fit and sell hearing aids in that other state or jurisdiction.

31-29

     (c) No applicant for certificate of endorsement shall be required to submit to or undergo a

31-30

qualifying examination, etc., other than the payment of fees, pursuant to § 5-49-11 as set forth in

31-31

§ 23-1-54.

31-32

     (d) The holder of a certificate of endorsement shall be registered in the same manner as a

31-33

licensee. The fee for an initial certificate of endorsement shall be the same as the fee for an initial

31-34

license. Fees, grounds for renewal, and procedures for the suspension and revocation of

32-1

certificates of endorsement shall be the same as for renewal, suspension, and revocation of a

32-2

license.

32-3

     5-49-8. Temporary permits. -- (a) An applicant who fulfills the requirements regarding

32-4

age, character, education, and health as provided in § 5-49-7, may obtain a temporary permit

32-5

upon application to the department. Previous experience or a waiting period shall not be required

32-6

to obtain a temporary permit.

32-7

     (b) Upon receiving an application as provided under this section, and accompanied by a

32-8

fee of twenty-five dollars ($25.00) as set forth in § 23-1-54, the department shall issue a

32-9

temporary permit which entitles the applicant to engage in the fitting and sale of hearing aids for

32-10

a period of one year.

32-11

     (c) A person holding a valid hearing aid dealer's and fitter's license is responsible for the

32-12

supervision and training of that applicant and maintain adequate personal contact.

32-13

     (d) If a person who holds a temporary permit under this section has not successfully

32-14

passed the licensing examination within one year from the date of issuance of the permit, the

32-15

temporary permit may be renewed or reissued once upon payment of a twenty-five dollar

32-16

($25.00) fee as set forth in § 23-1-54.

32-17

     5-49-11. Duration of license – Renewal of license – Fees – Effect of failure to renew. -

32-18

- (a) The department shall promulgate rules and regulations mandating the term of license for

32-19

each category of license issued pursuant to this chapter. No license shall remain in force for a

32-20

period in excess of two (2) years.

32-21

     (1) Each person who engages in the fitting and sale of hearing aids shall pay to the

32-22

department a fee, assessed at thirty-one dollars and twenty-five cents ($31.25) as set forth in § 23-

32-23

1-54 per annum for each year of the term of license, for a renewal of his or her license.

32-24

     (2) The renewal certificate shall be conspicuously posted in his or her office or place of

32-25

business at all times.

32-26

     (3) Where more than one office is operated by the licensee, duplicate certificates shall be

32-27

issued by the department for posting in each location.

32-28

     (b) A thirty (30) day grace period shall be allowed during which time licenses may be

32-29

renewed on payment of a fee to the department of twenty-five dollars ($25.00) as set forth in §

32-30

23-1-54 per annum for each year of the term of renewal.

32-31

     (c) After expiration of the grace period, the department may renew those certificates upon

32-32

payment to the department of twenty-five dollars ($25.00) a fee as set forth in § 23-1-54 per

32-33

annum for each year of the term of renewal.

33-34

     (d) The total fee for the entire term of license or renewal shall be paid prior to the

33-35

issuance of the license.

33-36

     (e) No person who applies for renewal, whose license has expired, shall be required to

33-37

submit to any examination as a condition to renewal; provided, that the renewal application is

33-38

made within two (2) years from the date of that expiration.

33-39

     SECTION 21. Sections 5-54-9 and 5-54-11 of the General Laws in Chapter 5-54 entitled

33-40

“Physician Assistants” are hereby amended to read as follows:

33-41

     5-54-9. Criteria for licensure as a physician assistant. -- The board shall recommend to

33-42

the director for licensure as a physician assistant an applicant who:

33-43

     (1) Is of good character and reputation;

33-44

     (2) Graduated from a physician assistant training program certified by the AMA's

33-45

Committee on Allied Health, Education, and Accreditation, its successor, the Commission on

33-46

Accreditation of Allied Health Education Programs (CAAHEP) or its successor.

33-47

     (3) Passed a certifying examination approved by the National Commission on

33-48

Certification of Physician Assistants or any other national certifying exam approved by the board.

33-49

     (4) Submitted a completed application together with the required fee of ninety dollars

33-50

($90.00) as set forth in § 23-1-54.

33-51

     5-54-11. Issuance and annual renewal of certificates of licensure. -- (a) The board

33-52

shall recommend to the director for registration those individuals who meet the criteria for

33-53

licensure as stated in this chapter. Upon that recommendation, the director shall issue a certificate

33-54

of licensure as a physician assistant.

33-55

     (b) The certificate of licensure shall expire biannually on the thirtieth (30th) day of June.

33-56

On or before the first day of March in each year, the administrator shall mail an application for a

33-57

renewal certificate to every person licensed under the provisions of this chapter, and every person

33-58

who desires his or her certificate to be renewed shall file with the division the renewal application

33-59

together with a renewal fee of one hundred and seventy dollars ($170) as set forth in § 23-1-54 on

33-60

or before the first day of June in every other year. Upon receipt of the renewal application and

33-61

payment of fee, the accuracy of the application shall be verified and the administrator shall grant

33-62

a renewal certificate effective July 1st and expiring June 30th two years hence, unless the

33-63

certificate is sooner suspended for cause as provided in § 5-54-12.

33-64

     SECTION 22. Sections 5-59.1-5 and 5-59.1-12 of the General Laws in Chapter 5-59.1

33-65

entitled “Rhode Island Orthotics and Prosthetics Practice” are hereby amended to read as follows:

33-66

     5-59.1-5. Application for orthotic or prosthetic license. -- Any person who desires to

33-67

be licensed as set forth in § 5-59.1-4 shall in writing submit an application on forms provided by

33-68

the department for a license accompanied by a fee of three hundred and thirty dollars ($330) as

34-1

set forth in § 23-1-54 with all other credentials that the department requires and as required by

34-2

this chapter. All the proceeds of any fees collected pursuant to the provisions of this chapter shall

34-3

be deposited as general revenues.

34-4

     5-59.1-12. Relicensing - Renewal. -- Every holder of a license issued under this chapter

34-5

shall biannually attest to the department as to current certification issued by the American Board

34-6

of Certification in Orthotics and Prosthetics or the Board for Orthotists/Prosthetist Certification.

34-7

All licenses issued under this chapter shall expire biannually on the last day of September of

34-8

every odd numbered year. A biennial renewal fee of one hundred and seventy dollars ($170) as

34-9

set forth in § 23-1-54 shall be required. Every orthotist and prosthetist shall conform to the

34-10

standards of the American Board for Certification in Orthotics and Prosthetics or Board for

34-11

Orthotists/Prosthetists Certification.

34-12

     SECTION 23. Section 5-60-11 of the General Laws in Chapter 5-60 entitled “Athletic

34-13

Trainers” is hereby amended to read as follows:

34-14

     5-60-11. Fees. -- The fees for applicants Applicants for athletic trainer licenses are:

34-15

     (1) An athletic trainer shall pay a license fee, of sixty-two dollars and fifty cents ($62.50);

34-16

and

34-17

     (2) An athletic trainer and, if applicable, a biennial license renewal fee of sixty-two

34-18

dollars and fifty cents ($62.50) as set forth in § 23-1-54. Any person allowing their license to

34-19

lapse shall pay a twenty-five dollar ($25.00) late fee as set forth in § 23-1-54.

34-20

     SECTION 24. Sections 5-63.2-16 and 5-63.2-17 of the General Laws in Chapter 5-63.2

34-21

entitled “Mental Health Counselors and Marriage and Family Therapists” are hereby amended to

34-22

read as follows:

34-23

     5-63.2-16. Application fee. -- The applicant applying for licensure as a clinical mental

34-24

health counselor or marriage and family therapist shall pay an a non refundable application fee of

34-25

four hundred and sixty dollars ($460) and the fee shall be in no case returned. Applicants

34-26

requiring reexamination shall submit a fee of four hundred and sixty dollars ($460) and, when

34-27

applicable, a reexamination fee for each reexamination. Both fees required by this section are set

34-28

forth in § 23-1-54.

34-29

     5-63.2-17. Expiration and renewal of license. -- (a) Every clinical mental health

34-30

counselor and marriage and family therapist who desires to continue licensure as a licensed

34-31

clinical mental health counselor and licensed marriage and family therapist shall present

34-32

satisfactory evidence to the board and approved by rule or regulation of the board that the

34-33

licensed clinical mental health counselor and licensed marriage and family therapist has

34-34

completed a prescribed course of continuing education. The license of every person licensed

35-1

under the provisions of this chapter shall expire on the first day of July of the next even year

35-2

following the date of his or her license; provided, that no license shall expire prior to July 1,

35-3

1998. On or before the first day of May in each even year, commencing in the year 1998, the

35-4

administrator shall mail an application for renewal of license to every person to whom a license is

35-5

issued or renewed during the current year, and every licensed person who desires to renew his or

35-6

her license files with the division the renewal application executed. This application shall include

35-7

verification of prescribed continuing education requirements, together with three hundred and

35-8

thirty dollars ($330) a renewal fee as set forth in § 23-1-54 on or before the first day of June in

35-9

each even year. Upon receipt of the application and payment of the fee, the accuracy of the

35-10

application shall be verified and the administrator of professional regulation shall grant a renewal

35-11

license effective July 1st and expiring twenty-four (24) months later.

35-12

     (b) Any person who allows his or her license to lapse, by failing to renew it on or before

35-13

June 1st in each year, as provided in this section, shall be reinstated by the administrator of

35-14

professional regulation on payment of the current renewal fee plus an additional fee of seventy

35-15

dollars ($70.00) as set forth in § 23-1-54; and verification of prescribed continuing education

35-16

requirements. Any person using the title "clinical mental health counselor" and/or "marriage and

35-17

family therapist" during the time his or her license has lapsed shall be subject to the penalties

35-18

provided for violation of this chapter; provided, that if a person has allowed his or her licensure to

35-19

lapse for four (4) years or more, he or she shall be reinstated at the discretion of the board.

35-20

     SECTION 25. Sections 5-64-6 and 5-64-8 of the General Laws in Chapter 5-64 entitled

35-21

“The Licensed Dietician” are hereby amended to read as follows:

35-22

     5-64-6. Applicant qualifications - Permit applications - Fees - Exemptions. -- (a)

35-23

When filing an application for a license the applicant must present evidence of:

35-24

     (1) Completion of a baccalaureate or post-baccalaureate degree with a program in

35-25

nutrition or dietetics; and

35-26

     (2) Completion of a board approved, planned, continuous experience in dietetic practice

35-27

of not less than nine hundred (900) hours under the supervision of a registered dietitian or

35-28

dietitian/nutritionist licensed in the state; and

35-29

     (3) Passing an examination.

35-30

     (b) Each application shall be accompanied by a fee of ninety dollars ($90.00) as set forth

35-31

in § 23-1-54.

35-32

     5-64-8. Fees. -- Licenses shall be valid for two (2) years and must be renewed biennially;

35-33

the renewal fee is one hundred and seventy dollars ($170) as set forth in § 23-1-54. Application

35-34

for renewal of a certificate, which has expired, requires the payment of a re-registration fee of one

36-1

hundred and seventy dollars ($170) as set forth in § 23-1-54.

36-2

     SECTION 26. Section 5-68.1-10 of the General Laws in Chapter 5-68.1 entitled

36-3

“Radiologic Technologists” is hereby amended to read as follows:

36-4

     5-68.1-10. Fees. -- (a) The director, in consultation with the board, shall establish an

36-5

initial application fee that shall not exceed one hundred seventy dollars ($170) as set forth in §

36-6

23-1-54 and a license renewal fee that shall be prescribed in rules and regulations promulgated

36-7

pursuant to § 5-68.1-15.

36-8

     (b) The proceeds of any fees collected pursuant to the provisions of this chapter shall be

36-9

deposited in the general fund as general revenues.

36-10

     SECTION 27. Sections 5-69-9 and 5-69-14 of the General Laws in Chapter 5-69 entitled

36-11

“License Procedure for Chemical Dependency Professionals” are hereby amended to read as

36-12

follows:

36-13

     5-69-9. Fees and renewal. -- The non-refundable application fee for licensure shall be

36-14

fifty dollars ($50.00) as set forth in § 23-1-54. Licenses shall be renewed every two (2) years on

36-15

October first of even numbered years upon payment of a fee of fifty ($50.00) dollars as set forth

36-16

in § 23-1-54, compliance with ICRC/AODA member board requirements, and compliance with

36-17

any additional requirements that the licensing board may promulgate. The requirements may

36-18

include the establishment of standards for continuing education.

36-19

     5-69-14. Restricted receipt account Fees collected. -- Any fees collected under the

36-20

provisions of this chapter shall be deposited in a restricted receipt account for the general

36-21

purposes of the administration of the division of substance abuse services, department of mental

36-22

health, retardation, and hospitals by the department as general revenues.

36-23

     SECTION 28. Section 5-71-8 of the General Laws in Chapter 5-71 entitled “Interpreters

36-24

for the Deaf” is hereby amended to read as follows:

36-25

     5-71-8. Qualifications of applicants for licenses. -- (a) To be eligible for licensure by

36-26

the board as an interpreter for the deaf or transliterator for the deaf, or educational interpreter for

36-27

the deaf, the applicant must submit written evidence on forms furnished by the department,

36-28

verified by oath, that the applicant meets all of the following requirements:

36-29

     (1) Is of good moral character;

36-30

     (2) Meets the certification or screened requirements as defined in regulations

36-31

promulgated by the department; and

36-32

     (3) Pays the department a license fee, that does not exceed fifty dollars ($50.00) as set

36-33

forth in § 23-1-54.

37-34

     (b) To be eligible for licensure by the board as an educational interpreter for the deaf, the

37-35

applicant must meet all of the requirements as described in subsection (a) and must further

37-36

present proof of successful completion of the educational interpreter performance assessment

37-37

(EIPA), written and performance tests, or a similar test as approved by the board, at a

37-38

performance level established by the board.

37-39

     SECTION 29. Section 21-2-7 of the General Laws in Chapter 21-2 entitled "Milk

37-40

Sanitation Code" is hereby amended to read as follows:

37-41

     21-2-7. Permits. -- (a) It shall be unlawful for any milk producer whose dairy farm is

37-42

located wholly or partly in this state to sell or to offer to sell milk or milk products or to have

37-43

milk stored for sale who does not possess at all times a Rhode Island producer's permit from the

37-44

director.

37-45

     (b) It shall be unlawful for any milk hauler to transport any milk or milk products to any

37-46

milk plant in the state of Rhode Island or to transport any milk in this state destined for sale in

37-47

this state unless he or she shall at all times possess a Rhode Island milk hauler's permit from the

37-48

director.

37-49

     (c) It shall be unlawful for any person to operate a milk plant in the state of Rhode Island

37-50

who does not possess a Rhode Island milk plant permit from the director with respect to each

37-51

plant located in Rhode Island.

37-52

     (d) It shall be unlawful for any milk distributor to sell or offer to sell milk or milk

37-53

products, including raw milk cheese, within the state of Rhode Island unless he or she shall at all

37-54

times possess a milk distributor's permit from the director.

37-55

     (e) It shall be unlawful for any milk hauler to transport any milk or milk products from

37-56

any point outside the state into the state of Rhode Island for sale or processing in this state or for

37-57

any milk plant located in Rhode Island to process any milk or milk products which come from

37-58

any point outside the state of Rhode Island or for any milk distributor to sell any milk or milk

37-59

products within this state which come from any point outside this state, unless:

37-60

     (1) Every producer who produces any part of the milk or milk products shall have been

37-61

inspected and shall from time to time be inspected with the same minimum frequency, to the

37-62

same degree, and according to the same requirements as provided in this chapter or any

37-63

regulations promulgated under this chapter in the case of Rhode Island producers;

37-64

     (2) Every vehicle in which the milk is transported to the plant where processed shall from

37-65

time to time be inspected with the same minimum frequency, to the same degree, and according

37-66

to the same requirements as provided in this chapter or any regulations promulgated pursuant to

37-67

this chapter in the case of Rhode Island milk hauler permittees; and

38-68

     (3) The operator of each milk plant located outside the state of Rhode Island where any

38-69

part of the milk is processed at all times possesses an out-of-state milk plant permit from the

38-70

director.

38-71

     (f) It shall be unlawful for any person located in the state of Rhode Island to sell or offer

38-72

for sale to any milk hauler or milk plant, or for any milk plant to pasteurize any raw milk for

38-73

pasteurization, any part of which shall be used for grade A pasteurized milk or for any grade A

38-74

milk product, unless the person at all times is in possession of a Rhode Island grade A producer's

38-75

permit.

38-76

     (g) The fees for the following permits referred to in this section shall be as follows as set

38-77

forth in § 23-1-54:

38-78

     (1) In-state milk processors: one hundred sixty dollars ($160);

38-79

     (2) Out-of-state milk processors: one hundred sixty dollars ($160); and

38-80

     (3) Milk distributors: one hundred sixty dollars ($160); .

38-81

     (4)(h) Milk producers and milk haulers shall be exempt from permit fees.

38-82

     SECTION 30. Section 21-9-3 of the General Laws in Chapter 21-9 entitled "Frozen

38-83

Desserts" is hereby amended to read as follows:

38-84

     21-9-3. License fee. -- The annual license fee fees for the following licenses shall be as

38-85

follows as set forth in § 23-1-54:

38-86

     (1) Instate wholesale frozen dessert processors: five hundred and fifty dollars ($550). ;

38-87

     (2) Out of state wholesale frozen dessert processors: one hundred sixty dollars ($160).;

38-88

and

38-89

     (3) Retail frozen dessert processors: one hundred sixty dollars ($160).

38-90

     SECTION 31. Section 21-11-4 of the General Laws in Chapter 21-11 entitled "Meats" is

38-91

hereby amended to read as follows:

38-92

     21-11-4. Issuance and term of licenses - Suspension or revocation. -- The director of

38-93

health shall, upon receipt of application for a license to operate an establishment for any or all of

38-94

the purposes mentioned in § 21-11-3, cause that establishment to be inspected and, if it is found

38-95

to conform to the provisions of this chapter and the regulations adopted in accordance with this

38-96

chapter, shall issue a license upon receipt of a fee of one hundred sixty dollars ($160) as set forth

38-97

in § 23-1-54; provided, that the license fee shall be forty dollars ($40.00) at a reduced rate, as also

38-98

set forth in § 23-1-54, for any one establishment where: (1) the meat is sold only at retail, (2) no

38-99

slaughtering is performed, and (3) no more than one of the activities described in § 21-11-3 for

38-100

which a license is required is performed. In order to set the license renewal dates so that all

38-101

activities for each establishment can be combined on one license instead of on several licenses,

38-102

the department of health shall set the license renewal date. The license period shall be for twelve

39-1

(12) months, commencing on the license renewal date, and the license fee shall be at the full

39-2

annual rate regardless of the date of application or the date of issuance of license. If the license

39-3

renewal date is changed, the department may make an adjustment to the fees of licensed

39-4

establishments, not to exceed the annual license fee, in order to implement the change in license

39-5

renewal date. Applications for renewal of licenses, accompanied by the prescribed fee, shall be

39-6

submitted at least two (2) weeks before the renewal date. Licenses issued or renewed under this

39-7

section may be suspended or revoked for failure to comply with the provisions of this chapter or

39-8

the regulations adopted in accordance with this chapter.

39-9

     SECTION 32. Section 21-14-2 of the General Laws in Chapter 21-14 entitled "Shellfish

39-10

Packing Houses" is hereby amended to read as follows:

39-11

     21-14-2. License for shellfish business. -- No person shall conduct within this state any

39-12

shellfish business until that person shall have obtained a license from the department. The

39-13

director shall, upon receipt of application for a license to conduct a shellfish business, cause the

39-14

applicant's shellfish business facilities to be investigated and, if they are found to comply with the

39-15

provisions of this chapter and the regulations adopted in accordance with this chapter, shall issue

39-16

a license upon receipt of a fee of three hundred twenty dollars ($320) for a shipper/reshipper or a

39-17

fee of three hundred ninety dollars ($390) for a shucker packer/repacker as set forth in § 23-1-54.

39-18

Any license issued shall apply only to those phases of the shellfish business that appear on the

39-19

license and are defined by the director in regulations he or she shall adopt in regard to licensing.

39-20

In order to set the license renewal dates so that all activities for each establishment can be

39-21

combined on one license instead of on several licenses, the department of health shall set the

39-22

license renewal date. The license period shall be for twelve (12) months, unless sooner suspended

39-23

or revoked for cause, commencing on the license renewal date, and the license fee shall be at the

39-24

full annual rate regardless of the date of application or the date of issuance of license. If the

39-25

license renewal date is changed, the department may make an adjustment to the fees of licensed

39-26

establishments, not to exceed the annual license fee, in order to implement the change in license

39-27

renewal date. Licenses issued pursuant to this section may be suspended or revoked for violation

39-28

of the provisions of this chapter or the regulations adopted in accordance with this chapter. The

39-29

director may, after a hearing, refuse to issue any shellfish business license to any person who has

39-30

been convicted of any violation of this chapter.

39-31

     SECTION 33. Section 21-23-2 of the General Laws in Chapter 21-23 entitled

39-32

"Nonalcoholic Bottled Beverages, Drinks and Juices" is hereby amended to read as follows:

39-33

     21-23-2. Issuance and renewal of permits - Fee - Posting - Exempt cider. -- Blank

39-34

forms of the application for permits shall be furnished by the department without cost. The fee for

40-1

the permit shall be five hundred and fifty dollars ($550) provided, that the as set forth in § 23-1-

40-2

54. The fee for a permit to manufacture or bottle apple cider shall also be sixty dollars ($60.00) as

40-3

set forth in § 23-1-54. In order to set the license renewal dates so that all activities for each

40-4

establishment can be combined on one license instead of on several licenses, the department of

40-5

health shall set the license renewal date. The license period shall be for twelve (12) months,

40-6

commencing on the license renewal date, and the license fee shall be at the full annual rate

40-7

regardless of the date of application or the date of issuance of license. If the license renewal date

40-8

is changed, the department may make an adjustment to the fees of licensed establishments, not to

40-9

exceed the annual license fee, in order to implement the change in license renewal date. Any

40-10

person applying for a permit to bottle or manufacture apple cider shall certify that he or she does

40-11

not manufacture or bottle any carbonated or nonalcoholic beverage, soda water, fruit juice, syrup,

40-12

bottled drinking water, either plain or carbonated, or any other so-called soft drink, other than

40-13

apple cider. The fee received by the department for "bottlers' permits" shall be turned over to the

40-14

general treasurer. All permits granted under this chapter shall be posted in a conspicuous place on

40-15

the premises of the bottler so that they may readily be seen by any person inspecting the

40-16

premises; provided that the fees so far as they relate to cider, shall not apply to any person who

40-17

manufactures and bottles during any one calendar year not exceeding five hundred (500) gallons

40-18

of cider.

40-19

     SECTION 34. Sections 21-27-6.1, 21-27-10 and 21-27-11.2 of the General Laws in

40-20

Chapter 21-27 entitled "Sanitation in Food Establishments" are hereby amended to read as

40-21

follows:

40-22

     21-27-6.1. Farm home food manufacture. --Notwithstanding the other provisions of

40-23

this chapter, the department of health shall permit farm home food manufacture and the sale of

40-24

the products of farm home food manufacture at farmers' markets, farmstands, and other markets

40-25

and stores operated by farmers for the purpose of the retail sale of the products of Rhode Island

40-26

farms, provided that the requirements of this section are met.

40-27

     (1) The farm home food products shall be produced in a kitchen that is on the premises of

40-28

a farm and meets the standards for kitchens as provided for in minimum housing standards,

40-29

adopted pursuant to chapter 24.2 of title 45 and the Housing Maintenance and Occupancy Code,

40-30

adopted pursuant to chapter 24.3 of title 45, and in addition the kitchen shall:

40-31

     (i) Be equipped at minimum with either a two (2) compartment sink or a dishwasher that

40-32

reaches one hundred fifty (150) degrees Fahrenheit after the final rinse and drying cycle and a one

40-33

compartment sink;

41-34

     (ii) Have sufficient area or facilities, such as portable dish tubs and drain boards, for the

41-35

proper handling of soiled utensils prior to washing and of cleaned utensils after washing so as not

41-36

to interfere with safe food handling; equipment, utensils, and tableware shall be air dried;

41-37

     (iii) Have drain boards and food preparation surfaces that shall be of a nonabsorbent,

41-38

corrosion resistant material such as stainless steel, formica or other chip resistant, nonpitted

41-39

surface;

41-40

     (iv) Have self-closing doors for bathrooms that open directly into the kitchen;

41-41

     (v) If farm is on private water supply it must be tested once per year.

41-42

     (2) The farm home food products are prepared and produced ready for sale under the

41-43

following conditions:

41-44

     (i) Pets are kept out of food preparation and food storage areas at all times;

41-45

     (ii) Cooking facilities shall not be used for domestic food purposes while farm home food

41-46

products are being prepared;

41-47

     (iii) Garbage is placed and stored in impervious covered receptacles before it is removed

41-48

from the kitchen, which removal shall be at least once each day that the kitchen is used for farm

41-49

home food manufacture;

41-50

     (iv) Any laundry facilities which may be in the kitchen shall not be used during farm

41-51

home food manufacture;

41-52

     (v) Recipe(s) for each farm home food product with all the ingredients and quantities

41-53

listed, and processing times and procedures, are maintained in the kitchen for review and

41-54

inspection;

41-55

     (vi) List ingredients on product;

41-56

     (vii) Label with farm name, address and telephone number.

41-57

     (3) Farm home food manufacture shall be limited to the production of nonpotentially

41-58

hazardous food and foods that do not require refrigeration, including:

41-59

     (i) Jams, jellies, preserves and acid foods, such as vinegars, that are prepared using fruits,

41-60

vegetables and/or herbs that have been grown locally;

41-61

     (ii) Double crust pies that are made with fruit grown locally;

41-62

     (iii) Yeast breads;

41-63

     (iv) Maple syrup from the sap of trees on the farm or of trees within a twenty (20) mile

41-64

radius of the farm;

41-65

     (v) Candies and fudges;

41-66

     (vi) Dried herbs and spices.

41-67

     (4) Each farm home kitchen shall be registered with the department of health and shall

41-68

require a notarized affidavit of compliance, in any form that the department may require, from the

42-1

owner of the farm that the requirements of this section have been met and the operation of the

42-2

kitchen shall be in conformity with the requirements of this section. A certificate of registration

42-3

shall be issued by the department upon the payment of a sixty-five dollar ($65.00) fee as set forth

42-4

in § 23-1-54 and the submission of an affidavit of compliance. The certificate of registration shall

42-5

be valid for one year after the date of issuance; provided, however, that the certificate may be

42-6

revoked by the director at any time for noncompliance with the requirements of the section. The

42-7

certificate of registration, with a copy of the affidavit of compliance, shall be kept in the kitchen

42-8

where the farm home food manufacture takes place. The director of health shall have the

42-9

authority to develop and issue a standard form for the affidavit of compliance to be used by

42-10

persons applying for a certificate of registration; the form shall impose no requirements or

42-11

certifications beyond those set forth in this section and § 21-27-1(6). No certificates of

42-12

registration shall be issued by the department prior to September 1, 2002.

42-13

     (5) Income from farm home food manufacture shall not be included in the calculation of

42-14

farm income for the purposes of obtaining an exemption from the sales and use tax pursuant to §

42-15

44-18-30(32), nor shall any equipment, utensils, or supplies acquired for the purpose of creating

42-16

or operating farm home food manufacture be exempt from the sales and use tax as provided for in

42-17

§44-18-30(32).

42-18

     21-27-10. Registration of food businesses. -- (a) No person shall operate a food business

42-19

as defined in § 21-27-1(8) unless he or she annually registers the business with the state director

42-20

of health; provided, that food businesses conducted by nonprofit organizations, hospitals, public

42-21

institutions, farmers markets, roadside farmstands, or any municipality shall be exempt from

42-22

payment of any required fee.

42-23

     (b) In order to set the registration renewal dates so that all activities for each

42-24

establishment can be combined on one registration instead of on several registrations, the

42-25

registration renewal date shall be set by the department of health. The registration period shall be

42-26

for twelve (12) months commencing on the registration renewal date, and the registration fee

42-27

shall be at the full annual rate regardless of the date of application or the date of issuance of

42-28

registration. If the registration renewal date is changed, the department may make an adjustment

42-29

to the fees of registered establishments, not to exceed the annual registration fee, in order to

42-30

implement the changes in registration renewal date. Registrations issued under this chapter may

42-31

be suspended or revoked for cause. Any registration or license shall be posted in a place

42-32

accessible and prominently visible to an agent of the director.

42-33

     (c) Registration with the director of health shall be based upon satisfactory compliance

42-34

with all laws and regulations of the director applicable to the food business for which registration

43-1

is required.

43-2

     (d) The director of health is authorized to adopt regulations necessary for the

43-3

implementation of this chapter.

43-4

     (e) Classification and fees for registration shall be as follows:

43-5

     (1) In state and out of state Food food processors that sell food in Rhode Island

43-6

(Wholesale) $280.00

43-7

     (2) Food processors (Retail) 120.00

43-8

     (3) Food service establishments:

43-9

     (i) 50 seats or less 160.00

43-10

     (ii) More than 50 seats 240.00

43-11

     (iii) Mobile food service units 100.00

43-12

     (iv) Industrial caterer or food vending machine commissary 280.00

43-13

     (v) Cultural heritage educational facility 80.00

43-14

     (4) Vending machine sites or location:

43-15

     (i) Three (3) or less machines 50.00

43-16

     (ii) Four (4) to ten (10) machines 100.00

43-17

     (iii) Eleven (11) or more machines 120.00

43-18

     (5) Retail markets:

43-19

     (i) 1 to 2 cash registers 120.00

43-20

     (ii) 3 to 5 cash registers 240.00

43-21

     (iii) 6 or more cash registers 510.00

43-22

     (6) Retail food peddler (meat, seafood, dairy, and frozen dessert products) 100.00

43-23

     (7) Food warehouses 190.00

43-24

     (f) In no instance where an individual food business has more than one activity eligible

43-25

under this chapter for state registration within a single location shall the business be required to

43-26

pay more than a single fee for the one highest classified activity listed in subsection (e) of this

43-27

section; provided, that where several separate but identically classified activities are located

43-28

within the same building and under the management and jurisdiction of one person, one fee shall

43-29

be required. In each of the instances in this subsection, each activity shall be separately registered.

43-30

     (g) Fees for registration of the above classifications shall be as set forth in § 23-1-54.

43-31

     21-27-11.2. Application for certification. -- Any person who shall desire to be certified

43-32

in food safety shall submit in writing, on any forms as provided by the division, an application for

43-33

certification which shall be accompanied by an application fee of fifty dollars ($50.00) as set

43-34

forth in § 23-1-54 together with any other credentials that the rules and regulations and the

44-1

division may require.

44-2

     SECTION 35. Section 23-1-39 of the General Laws in Chapter 23-1 entitled “Department

44-3

of Health” is hereby amended to read as follows:

44-4

     23-1-39. Tattooing and/or body piercing. -- (a) The director shall promulgate rules and

44-5

regulations which provide minimum requirements to be met by any person performing tattooing

44-6

and/or body piercing upon any individual and for any establishment where tattooing and/or body

44-7

piercing is performed. These requirements shall include, but not be limited to, general sanitation

44-8

of premises wherein tattooing and/or body piercing is to be performed and sterilization of

44-9

instruments. These rules and regulations shall place emphasis on the prevention of disease,

44-10

specifically including, but not limited to, transmission of hepatitis B and/or human

44-11

immunodeficiency virus (HIV).

44-12

     (b) In addition, these rules and regulations shall establish procedures for registration with

44-13

the department of health of all persons performing tattooing and/or body piercing, for registration

44-14

of any establishment where tattooing and/or body piercing is performed, for regular inspections of

44-15

premises where tattooing and/or body piercing is performed, for revocation of the registration of

44-16

any person or establishment deemed in violation of the rules and regulations promulgated under

44-17

this section. An annual registration fee in the amount of ninety dollars ($90.00) as set forth in §

44-18

23-1-54 shall be paid by any person or establishment registered to perform tattooing and/or body

44-19

piercing under this section. All fees shall be deposited by the department as general revenues.

44-20

     (c) Body piercing of a minor is prohibited; provided, however, that body piercing will be

44-21

allowed if the minor is accompanied by his or her parent or guardian, and the parent or guardian

44-22

gives consent to the body piercing.

44-23

     SECTION 36. Section 23-3-25 of the General Laws in Chapter 23-3 entitled “Vital

44-24

Records” is hereby amended to read as follows:

44-25

     23-3-25. Fees for copies and searches. -- (a) The state registrar shall charge fees for

44-26

searches and copies as follows:

44-27

     (1) For a search of two (2) consecutive calendar years under one name and for issuance of

44-28

a certified copy of a certificate of birth, fetal death, death, or marriage, or a certification of birth,

44-29

or a certification that the record cannot be found, and each duplicate copy of a certificate or

44-30

certification issued at the same time , the fee is twenty dollars ($20.00). For each duplicate copy

44-31

of a certificate or certification issued at the same time, the fee is fifteen dollars ($15.00) as set

44-32

forth in § 23-1-54.

44-33

     (2) For each additional calendar year search, if applied for at the same time or within

44-34

three (3) months of the original request and if proof of payment for the basic search is submitted,

45-1

the fee is two dollars ($2.00) as set forth in § 23-1-54.

45-2

     (3) For providing expedited service, the additional handling fee is seven dollars ($7.00)

45-3

as set forth in § 23-1-54.

45-4

     (4) For processing of adoptions, legitimations, or paternity determinations as specified in

45-5

§§ 23-3-14 and 23-3-15, there shall be a fee of fifteen dollars ($15.00) as set forth in § 23-1-54.

45-6

     (5) For making authorized corrections, alterations, and additions, the fee is ten dollars

45-7

($10.00) as set forth in § 23-1-54; provided, no fee shall be collected for making authorized

45-8

corrections or alterations and additions on records filed before one year of the date on which the

45-9

event recorded has occurred.

45-10

     (6) For examination of documentary proof and the filing of a delayed record, there is a

45-11

fee of twenty dollars ($20.00) as set forth in § 23-1-54; and in addition to that fee, the there is an

45-12

additional fee is twenty dollars ($20.00) as set forth in § 23-1-54 for the issuance of a certified

45-13

copy of a delayed record.

45-14

     (b) Fees collected under this section by the state registrar shall be deposited in the general

45-15

fund of this state, according to the procedures established by the state treasurer.

45-16

     (c) The local registrar shall charge fees for searches and copies of records as follows:

45-17

     (1) For a search of two (2) consecutive calendar years under one name and for issuance of

45-18

a certified copy of a certificate of birth, fetal death, death, delayed birth, or marriage, or a

45-19

certification of birth or a certification that the record cannot be found, the fee is twenty dollars

45-20

($20.00). For each duplicate copy of a certificate or certification issued at the same time, the fee

45-21

is fifteen dollars ($15.00).

45-22

     (2) For each additional calendar year search, if applied for at the same time or within

45-23

three (3) months of the original request and if proof of payment for the basic search is submitted,

45-24

the fee is two dollars ($2.00).

45-25

     (d) Fees collected under this section by the local registrar shall be deposited in the city or

45-26

town treasury according to the procedures established by the city or town treasurer except that six

45-27

dollars ($6.00) of the certified copy fees shall be submitted to the state registrar for deposit in the

45-28

general fund of this state.

45-29

     SECTION 37. Section 23-4-13 of the General Laws in Chapter 23-4 entitled “Office of

45-30

the State Medical Examiner” is hereby amended to read as follows:

45-31

     23-4-13. Establishment of fees. -- The director of the department of health shall

45-32

establish a fee of forty dollars ($40.00) fees for autopsy reports, a fee of thirty dollars ($30.00) for

45-33

cremation certificates, and statistics, and not less than six hundred and fifty dollars ($650) per

45-34

hour nor more than thirty-two hundred and fifty dollars ($3,250) per day. The director shall also

46-1

impose fees, at an hourly or daily rate, to give testimony in civil suits under this chapter. All fees

46-2

are as set forth in § 23-1-54. The director is authorized to establish in regulation reasonable fees

46-3

for additional documents not otherwise specified in this section. All of these fees shall be

46-4

collected and deposited as general revenues; provided, however, that no city or town, or any

46-5

agency or department of a city and town within the state, or the department of human services,

46-6

shall be required to pay any fees established by the director pursuant to this section.

46-7

     SECTION 38. Section 23-4.1-10 of the General Laws in Chapter 23-4.1 entitled

46-8

“Emergency Medical Transportation Services” is hereby amended to read as follows:

46-9

     23-4.1-10. Regulations and fees. -- (a) The director shall be guided by the purposes and

46-10

intent of this chapter in the making of regulations as authorized by this chapter.

46-11

     (b) The director may issue regulations necessary to bring into effect any of the provisions

46-12

of this chapter.

46-13

     (c) The director may shall charge a license fee fees of not more than four hundred and

46-14

ninety dollars ($490) for an annual license for an ambulance service, a license fee of not more

46-15

than two hundred and fifty dollars ($250) for an annual vehicle license, and a license fee of not

46-16

more than ninety dollars ($90.00) for an emergency medical technician license. All such fees are

46-17

as set forth in § 23-1-54.

46-18

     (2) The director may charge an examination fee of not more than ninety dollars ($90.00)

46-19

for examinations for an emergency medical technician license and may charge an inspection fee

46-20

of not more than one hundred and seventy dollars ($170) for inspections for a vehicle license as

46-21

set forth in § 23-1-54.

46-22

     (3) The director is also authorized to establish reasonable fees for other administrative

46-23

actions that the director shall deem necessary to implement this chapter. The fees provided for in

46-24

this section shall be deposited as general revenues and shall not apply to any city or town

46-25

employee providing services referenced in this chapter on behalf of the city or town, and shall not

46-26

apply to any individual providing services referenced in this chapter on behalf of any bona fide

46-27

volunteer or not for profit organization. Further, the services licensure fees and vehicle inspection

46-28

fees shall not apply to services and vehicles operated by any city, town, or fire district or to

46-29

services and vehicles operated by bona fide volunteer or not for profit organizations.

46-30

     SECTION 39. Section 23-16.2-4 of the General Laws in Chapter 23-16.2 entitled

46-31

“Laboratories” is hereby amended to read as follows:

46-32

     23-16.2-4. License required for clinical laboratories -- Term of license -- Application

46-33

- Fee. -- (a) It shall be unlawful for any persons, corporation, or other form of business entity to

46-34

perform clinical or analytical laboratory services on specimens collected in this state or to own or

47-1

maintain a laboratory or station in this state without having a license issued by the department of

47-2

health pursuant to this chapter. A license, unless sooner suspended or revoked under the

47-3

provisions of this chapter, shall expire on the thirtieth (30th) day of December of every other year

47-4

following the date of license. This will be determined on an odd-even basis with respect to the

47-5

license number. Each license shall be issued only to conduct the tests approved and for the

47-6

premises and persons named in the application, and shall not be transferable or assignable. The

47-7

fee for a clinical laboratory license shall be six hundred and fifty dollars ($650) as set forth in §

47-8

23-1-54 for each specialty for which the laboratory is approved. The fee for a station license shall

47-9

be six hundred and fifty dollars ($650) as set forth in § 23-1-54. The fees shall be made payable

47-10

to the general treasurer, state of Rhode Island, and submitted with the application to the

47-11

department of health.

47-12

     (b) It shall be unlawful for any persons, corporations, or other form of entity to own,

47-13

operate, maintain, conduct, or sponsor a temporary or ad hoc screening program without having

47-14

obtained a permit from the director of health. The fee for any permit shall be seventy dollars

47-15

($70.00) as set forth in § 23-1-54. It is within the director's discretion to waive the fee. All fees

47-16

shall be made payable to the general treasurer, state of Rhode Island. Nothing contained in this

47-17

section shall require any licensed persons, corporations, or other entity to pay the permit fee, if

47-18

the screening program is provided free of charge to the public by the licensed persons,

47-19

corporation, or entity.

47-20

     SECTION 40. Section 23-17-38 of the General Laws in Chapter 23-17 entitled

47-21

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

47-22

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

47-23

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

47-24

inspection fees for hospitals and rehabilitation hospital centers shall be sixteen thousand nine

47-25

hundred dollars ($16,900) assessed on a per facility basis, plus as well as an additional fee of one

47-26

hundred and twenty dollars ($120) per bed. Annual licensure fees for health maintenance

47-27

organizations and for-profit end stage renal dialysis facilities shall be three thousand nine hundred

47-28

dollars ($3,900) assessed on a per facility basis. Annual licensure fees for home nursing care

47-29

providers and home care providers shall be six hundred and fifty dollars ($650) assessed on a per

47-30

facility basis; however, no additional license fee shall be charged when a home nursing care

47-31

provider or home care provider changes location during any calendar year for which an annual

47-32

license fee has already been paid for that home nursing care provider or home care provider. All

47-33

fees required in this section shall be as set forth in § 23-1-54. Annual licensure fees for organized

47-34

ambulatory care facilities shall also be six hundred and fifty dollars ($650) as set forth in § 23-1-

48-1

54, provided that not-for-profit entities operating more than one ambulatory care facility shall be

48-2

subject to a single annual licensure fee for all such licenses; provided, further, that nonprofit

48-3

charitable community health centers, school based health centers and nonprofit hospice programs

48-4

with a current home nursing care provider license shall be exempt from the fee. All annual

48-5

licensure fees not otherwise designated shall be established in regulation and shall be collected

48-6

and deposited as general revenues of the state.

48-7

     SECTION 41. Section 23-17.4-31 of the General Laws in Chapter 23-17.4 entitled

48-8

“Assisted Living Residence Licensing Act” is hereby amended to read as follows:

48-9

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

48-10

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

48-11

licensure fees shall be three hundred and thirty dollars ($330) per licensee plus an additional fee

48-12

of seventy dollars ($70.00) per licensed bed, where applicable, shall be assessed. All fees

48-13

required in this section shall be as set forth in § 23-1-54.

48-14

     SECTION 42. Sections 23-17.9-3, 23-17.9-5, 23-17.9-6 and 23-17.9-7 of the General

48-15

Laws in Chapter 23-17.9 entitled “Registration of Nursing Assistants” are hereby amended to

48-16

read as follows:

48-17

     23-17.9-3. Training and competency evaluation program for levels of nursing

48-18

assistants. -- Standards for training and/or competency evaluation programs for nursing assistants

48-19

and exemptions for applicants from the requirements of training programs shall be consistent with

48-20

federal statutory and regulatory requirements and shall be defined according to the rules and

48-21

regulations promulgated by the department of health. The national standards pertaining to nursing

48-22

assistants, nurse aides-home health aides, and the national home caring council or its succeeding

48-23

agency, (model curriculum and teaching guide for the instruction of homemaker-home health

48-24

aide) and any other appropriate standards shall serve as guidelines in the development of

48-25

regulatory standards for other levels of nursing assistants as determined by the director. The

48-26

department may require a fee of not more four hundred and ten dollars ($410) as set forth in § 23-

48-27

1-54 as an application fee for biennial training and competency evaluation program certification.

48-28

     23-17.9-5. Qualifying examination. -- Nursing assistants as defined in § 23-17.9-2 who

48-29

are employed or have had experience as a nursing assistant prior to the enactment of this chapter,

48-30

and the effective date of the regulations promulgated in relation to this chapter, shall pass the

48-31

appropriate level of examination administered by the department approved by the director in lieu

48-32

of the training program. Exempt from the qualifying examination are home health

48-33

aides/homemakers who have successfully passed the qualifying examination and/or successfully

48-34

completed an approved home health aide/homemaker program under the provisions of chapter

49-1

17.7 of this title and the regulations promulgated in relation to that chapter. Also exempt from the

49-2

qualifying examination are classes of individuals, regardless of employment setting, who are

49-3

exempted from examination by federal statute or regulations and these exemptions shall be

49-4

defined according to rules and regulations promulgated by the department of health. Successful

49-5

completion of the qualifying examination and the provisions of this section shall be deemed

49-6

satisfactory for employment as a nursing assistant. Unless exempted by rules and regulations

49-7

promulgated by the department of health, each application must be submitted with a processing

49-8

fee of forty dollars ($40.00) as set forth in § 23-1-54 to be paid by the employing facility or

49-9

agency if the applicant has been continuously employed by the facility for six (6) months prior to

49-10

the application or by another responsible party as defined in rules and regulations promulgated by

49-11

the department of health consistent with federal statutory and/or regulatory requirements; but, if

49-12

the applicant is unemployed, to be submitted by the applicant. If the applicant shall be

49-13

continuously employed by the same facility for six (6) months after the application, then the fee

49-14

shall be directly refunded to the applicant by the facility or agency. If federal statutory or

49-15

regulatory requirements mandate that the certifying agency conduct an examination of manual

49-16

skills proficiency as a component of the examination process to meet minimal federal

49-17

compliance, a manual skills proficiency examination may be required by rules and regulations

49-18

promulgated by the department of health for all applicants not otherwise exempted from the

49-19

examination requirements. If a manual skills proficiency examination is required to be conducted

49-20

by the certifying agency as a component of the certifying examination, each application shall be

49-21

accompanied by a fee not to exceed one hundred and thirty dollars ($130) as set forth in § 23-1-

49-22

54 to be paid by the employing facility or agency if the applicant has been continuously employed

49-23

by the facility for six (6) months prior to the application or by another responsible party as

49-24

defined in rules and regulations promulgated by the department of health consistent with federal

49-25

statutory and/or regulatory requirements; but, if the applicant is unemployed, to be submitted by

49-26

the applicant. If the applicant shall be continuously employed by the same facility for six (6)

49-27

months after the application, then the fee shall be directly refunded on a pro rata basis between

49-28

months six (6) and twelve (12) to the applicant by the facility or agency.

49-29

     23-17.9-6. Registration. -- Every nursing assistant being employed as a nursing assistant

49-30

or offering services as a nursing assistant must obtain a certificate of registration issued by the

49-31

department. Every nursing assistant, prior to being issued a certificate of registration by the

49-32

department, shall successfully complete the training program and/or qualifying examination as

49-33

required by §§ 23-17.9-3 and 23-17.9-5 unless otherwise exempt from the requirements. All

49-34

applicants not otherwise exempted are required to complete the process of training and

50-1

examination within a period of one year from the date of initiation of training. Failure to

50-2

successfully complete this process within one year requires that the applicant repeat the training

50-3

program and be retested. All nursing assistants shall be registered with and qualified by the

50-4

department of health. The fee for registration is forty dollars ($40.00) as set forth in § 23-1-54.

50-5

The department shall keep a register in which are entered the names of all persons to whom

50-6

certificates of registration are issued under this chapter and the register shall be open to public

50-7

inspection. In addition, if required by federal mandate the department will also keep a separate

50-8

nurse aide registry.

50-9

     23-17.9-7. Renewal of certificate of registration. -- Every holder of a nursing assistant

50-10

certificate of registration shall register biennially by making application to the department on

50-11

forms provided by the agency. The renewals shall be granted as a matter of course, upon payment

50-12

of a fee of forty dollars ($40.00) as set forth in § 23-1-54 unless the agency finds that the

50-13

applicant has acted or failed to act in a manner under the circumstances that would constitute

50-14

grounds for suspension or revocation of a certificate of registration.

50-15

     SECTION 43. Section 23-19.3-5 of the General Laws in Chapter 23-19.3 entitled

50-16

"Sanitarians" is hereby amended to read as follows:

50-17

     23-19.3-5. Application for registration - Examination - Issuance of certificate -- (a) A

50-18

person who desires to be registered as a sanitarian shall file with the division of professional

50-19

regulation an application upon a form to be prescribed and furnished by the division of

50-20

professional regulation. He or she shall include in the application, under oath, his or her

50-21

qualifications as a sanitarian. The application shall be accompanied by a registration fee of one

50-22

hundred and seventy dollars ($170) as set forth in § 23-1-54.

50-23

     (b) If the division of professional regulation deems the education qualifications of the

50-24

applicant are satisfactory and if he or she passes an examination, both written and oral,

50-25

satisfactory to the division of professional regulation, the division shall issue him or her a

50-26

certificate of registration. The certificate of registration shall expire at the end of the calendar

50-27

year, and may be renewed on or before January fifteenth (15th) of the following year. The fee for

50-28

renewal of a certificate of registration shall be fifty dollars ($50) as set forth in § 23-1-54.

50-29

     SECTION 44. Section 23-20.8-3 of the General Laws in Chapter 23-20.8 entitled

50-30

“Licensing of Massage Therapy Establishments” is hereby amended to read as follows:

50-31

     23-20.8-3. Practice of massage -- Use of titles limited -- Qualifications for licenses --

50-32

Fees. -- (a) Only a person licensed under this chapter shall practice massage.

50-33

     (b) Only a person licensed under this chapter as a massage therapist may use the title

50-34

"massage therapist." Only a person licensed under this chapter may use the title "masseur" or

51-1

"masseuse."

51-2

     (c) No person, firm, partnership, or corporation shall describe its services under the title

51-3

"massage" or "massage therapy" unless these services, as defined in §23-20.8-1, are performed by

51-4

a person licensed to practice massage under this chapter, and, if described as "massage therapy,"

51-5

by a massage therapist.

51-6

     (d) Application for licenses as a masseur or masseuse, or as a massage therapist, shall be

51-7

issued by the department of health. Except for persons licensed as massage therapists, the

51-8

department shall establish minimum educational and training requirements for the persons to be

51-9

licensed under this chapter and shall have the authority to take disciplinary action against a

51-10

licensee for knowingly placing the health of a client at serious risk without maintaining the proper

51-11

precautions.

51-12

     (e) The fee for original application for licensure as a massage therapist shall be fifty

51-13

dollars ($50.00).The fee and for annual license renewal shall be fifty dollars ($50.00) as set forth

51-14

in § 23-1-54. Fees for all other licenses under this chapter shall be fixed in an amount necessary

51-15

to cover the cost of administering this chapter.

51-16

     (f) Any person applying for a license under this chapter shall undergo a criminal

51-17

background check. Such persons shall apply to the bureau of criminal identification of the state

51-18

police or local police department for a nationwide criminal records check. Fingerprinting shall be

51-19

required. Upon the discovery of any disqualifying information as defined in §23-20.8-5, the

51-20

bureau of criminal identification of the state police or the local police department shall inform the

51-21

applicant, in writing, of the nature of the disqualifying information. The applicant shall be

51-22

responsible for payment of the costs of the criminal records check.

51-23

     SECTION 45. Section 23-21-2 of the General Laws in Chapter 23-21 entitled "Licensing

51-24

of Recreational Facilities" is hereby amended to read as follows:

51-25

     23-21-2. License required -- Issuance and expiration of license. -- No person shall

51-26

maintain within this state any recreation facility or use until that person shall have obtained a

51-27

license for a facility or use from the department. The director, upon receipt of an application for a

51-28

recreation facility or use shall cause the facility or use to be inspected and, if the facility or use is

51-29

found to comply with the provisions of this chapter and the regulations adopted in accordance

51-30

with the provisions of this chapter, shall issue a license upon receipt of a fee of one hundred sixty

51-31

($160) as set forth in § 23-1-54. In order to set the license renewal dates so that all activities for

51-32

each establishment can be combined on one license instead of on several licenses, the license

51-33

renewal date shall be set by the department of health. The license period shall be for twelve (12)

51-34

months, commencing on the license renewal date, unless sooner suspended or revoked for

52-1

violation of the provisions of this chapter or the regulations adopted in accordance with this

52-2

chapter, and the license fee shall be at the full annual rate regardless of the date of application or

52-3

the date of issuance of license. If the license renewal date is changed, the department may make

52-4

an adjustment to the fees of licensed establishments, not to exceed the annual license fee, in order

52-5

to implement the change in license renewal date.

52-6

     SECTION 46. Sections 23-22-6, and 23-22-10 of the General Laws in Chapter 23-22

52-7

entitled “Licensing of Swimming Pools” are hereby amended to read as follows:

52-8

     23-22-6. License required -- Term of license -- Application -- Fee .-- (a) No person

52-9

shall maintain within this state a swimming pool until that person shall have obtained the

52-10

appropriate license from the department. Licenses shall be of two (2) types, year-round or

52-11

seasonal. The director, upon receipt of an application for a license to operate a swimming pool,

52-12

shall cause that swimming pool to be inspected and if the swimming pool is found to comply with

52-13

the provisions of this chapter and the regulations adopted in accordance with this chapter, shall

52-14

issue a license upon receipt of a fee for a year-round license, of two hundred fifty dollars ($250)

52-15

for the first pool at one location and seventy-five dollars ($75.00) an additional fee for each

52-16

additional pool at the same location, . The director shall issue a license upon receipt of a fee for a

52-17

seasonal license of one hundred fifty dollars ($150) for the first pool at one location and seventy-

52-18

five dollars ($75.00) an additional fee for each additional pool at the same location. Seasonal

52-19

licenses shall begin no sooner than June 1, and expire on September 30 of the year issued and

52-20

year-round licenses shall expire on December 31 of the year issued, unless sooner revoked for

52-21

violation of the provisions of this chapter or of the regulations adopted in accordance with this

52-22

chapter. Provided, however, every organization which provides recreational facilities for persons

52-23

under the age of eighteen (18) years and which is exempt from income taxes pursuant to the

52-24

provisions of 26 U.S.C. § 501(c)(3), and which maintains a swimming pool shall pay a fee of

52-25

twenty-five dollars ($25.00) for a year-round license. All fees required by this section shall be as

52-26

set forth in § 23-1-54. The provisions of this chapter shall not apply to any swimming pool

52-27

maintained by the state.

52-28

     (b) No lifeguard shall be required for any pool licensed in this chapter; provided, a

52-29

lifeguard shall be on duty if the pool is used by a swim club or a group of unsupervised children

52-30

who may have access to the pool. Operators of pools shall, when no lifeguard is on duty:

52-31

     (1) Require an attendant and/or a mechanical system to limit access to guests and

52-32

members only;

52-33

     (2) Require a person trained in first aid to be physically located in close proximity to the

52-34

pool in question;

53-1

     (3) Require the following signs to be posted in a conspicuous place:

53-2

     (i) NO LIFEGUARD ON DUTY - SWIM AT YOUR OWN RISK (minimum 4" letters

53-3

in RED)

53-4

     (ii) NO ONE UNDER 18 PERMITTED UNLESS ACCOMPANIED BY AN ADULT

53-5

     (iii) ADULTS SHOULD NOT SWIM ALONE

53-6

     (iv) A SCHEDULE OF POOL HOURS

53-7

     (v) NO GLASS IN POOL AREA

53-8

     (vi) NO RUNNING OR ROUGH HOUSING

53-9

     (vii) NO DIVING

53-10

     (viii) NO ANIMALS OR PETS

53-11

     (4) Require, in the case of outdoor pools, in addition to the above requirements, a fence

53-12

with a lockable gate or door, a minimum of not less than six feet (6') in height, which completely

53-13

surrounds the pool area.

53-14

     23-22-10. Duplicate license -- Displaying license after suspension or revocation. --

53-15

Whenever a license while still effective may become defaced or destroyed, the department of

53-16

health shall, upon application, issue a duplicate license upon payment of a fee of two dollars

53-17

($2.00) as set forth in § 23-1-54 to the department. It shall be unlawful for any person to display

53-18

or to keep displayed any license after the person has received notice of the suspension or

53-19

revocation of the license.

53-20

     SECTION 47. Section 23-39-11 of the General Laws in Chapter 23-39 entitled

53-21

“Respiratory Care Act” is hereby amended to read as follows:

53-22

     23-39-11. Fees. -- (a) The director, in consultation with the board, shall establish a

53-23

schedule of reasonable fees for licenses, and for renewal of licenses for respiratory care

53-24

practitioners.

53-25

     (b) The initial application fee shall be one hundred and seventy dollars ($170) as set forth

53-26

in § 23-1-54.

53-27

     (c) A biennial license renewal fee shall be established in an amount of one hundred and

53-28

thirty ($130) as set forth in § 23-1-54.

53-29

     SECTION 48. Chapter 23-1 of the General Laws entitled “Department of Health” is

53-30

hereby amended by adding thereto the following section:

53-31

     23-1-16.1 Letters of License Verification-Fees. -- (a) There shall be a fee, to be paid by

53-32

the individual or entity making the request as set forth in § 23-1-54, for any letter issued by the

53-33

department verifying a license which was issued by the department; and

54-34

     (b) the proceeds of any fees collected pursuant to the provisions of this chapter shall be

54-35

paid into the state treasury and shall be for the use of the department of health to offset the costs

54-36

of issuing the license verification letters.

54-37

     SECTION 49. Chapter 23-1 of the General Laws entitled “Department of Health” is

54-38

hereby amended by adding thereto the following section:

54-39

     23-1-54. Fees Payable to the Department of Health. -- Fees payable to the department

54-40

shall be as follows:

54-41

     PROFESSION RIGL Section Description of Fee FEE

54-42

     Barbers/hairdressers 5-10-10 (a) Renewal application $25.00

54-43

     Barbers/hairdressers 5-10-10 (a) Renewal application:

54-44

      Manicuring Instructors and manicurists $25.00

54-45

     Barbers/hairdressers 5-10-10 (b) Minimum late renewal fee $25.00

54-46

     Barbers/hairdressers 5-10-10 (b) Maximum late renewal fee $100.00

54-47

     Barbers/hairdressers 5-10-11 [c] Application fee $25.00

54-48

     Barbers/hairdressers 5-10-11 [c] Application fee: manicuring

54-49

      Instructors and manicurists $25.00

54-50

     Barbers/hairdressers 5-10-13 Demonstrator's permit $90.00

54-51

     Barbers/hairdressers 5-10-15 Shop license: initial $170.00

54-52

     Barbers/hairdressers 5-10-15 Shop license: renewal $170.00

54-53

     Veterinarians 5-25-10 Application fee $40.00

54-54

     Veterinarians 5-25-11 Examination fee $540.00

54-55

     Veterinarians 5-25-12 (a) Renewal fee $580.00

54-56

     Veterinarians 5-25-12 [ c] Late renewal fee $120.00

54-57

     Podiatrists 5-29-7 Application fee $240.00

54-58

     Podiatrists 5-29-11 Renewal fee: minimum $240.00

54-59

     Podiatrists 5-29-11 Renewal fee: maximum $540.00

54-60

     Podiatrists 5-29-13 Limited registration $65.00

54-61

     Podiatrists 5-29-14 Limited registration:

54-62

      Academic faculty $240.00

54-63

     Podiatrists 5-29-14 Application fee:

54-64

      Renewal minimum $240.00

54-65

     Podiatrists 5-29-14 Application fee:

54-66

      Renewal maximum $440.00

54-67

     Chiropractors 5-30-6 Examination fee: $210.00

55-68

     Chiropractors 5-30-7 Examination exemption fee: $210.00

55-69

     Chiropractors 5-30-8 (b) Exam Physiotherapy $210.00

55-70

     Chiropractors 5-30-8 (b) Exam chiro and physiotherapy $210.00

55-71

     Chiropractors 5-30-12 Renewal fee $210.00

55-72

     Dentists/dental hygienists 5-31.1-6 (d) Dentist: application fee $965.00

55-73

     Dentists/dental hygienists 5-31.1-6 (d) Dental hygienist: application fee $65.00

55-74

     Dentists/dental hygienists 5-31.1-6 (d) Reexamination: dentist $965.00

55-75

     Dentists/dental hygienists 5-31.1-6 (d) Reexamination: hygienist $65.00

55-76

     Dentists/dental hygienists 5-31.1-21 (b) Reinstatement fee dentist $90.00

55-77

     Dentists/dental hygienists 5-31.1-21 (b) Reinstatement fee hygienist $90.00

55-78

     Dentists/dental hygienists 5-31.1-21 (c) Inactive status: dentist $220.00

55-79

     Dentists/dental hygienists 5-31.1-21 (c) Inactive status: hygienist $40.00

55-80

     Dentists/dental hygienists 5-31.1-22 Limited registration $65.00

55-81

     Dentists/dental hygienists 5-31.1-23 [c] Limited reg:

55-82

      Academic faculty $965.00

55-83

     Dentists/dental hygienists 5-31.1-23 [c] Limited reg:

55-84

      Academic faculty renewal $500.00

55-85

     Electrolysis 5-32-3 Application fee $25.00

55-86

     Electrolysis 5-32-6 (b) Renewal fee $25.00

55-87

     Electrolysis 5-32-7 Reciprocal license fee $25.00

55-88

     Electrolysis 5-32-17 Teaching license $25.00

55-89

     Funeral directors/embalmers/ 5-33.2-12 Funeral establishment license $120.00

55-90

     Funeral services establishments

55-91

     Funeral directors/embalmers/ 5-33.2-12 Funeral branch ofc license $90.00

55-92

     Funeral services establishments

55-93

     Funeral directors/embalmers/ 5-33.2-13.1 Crematories: application fee $120.00

55-94

     Funeral services establishments

55-95

     Funeral directors/embalmers/ 5-33.2-15 Renewal: funeral/director

55-96

     Funeral Svcs establishments establishment $120.00

55-97

     Funeral directors/embalmers/ 5-33.2-15 Additional branch office

55-98

     Funeral services Establishments licenses $120.00

55-99

     Funeral directors/embalmers/ 5-33.2-15 Crematory renewal fee

55-100

     Funeral svcs establishments $120.00

55-101

     Funeral directors/embalmers/ 5-33.2-15 Late renewal fee

56-102

     Funeral svcs establishments (All license types) $25.00

56-103

     Funeral directors/embalmers/ 5-33.2-16 (a) Intern registration fee

56-104

     Funeral Services establishments $25.00

56-105

     Nurses 5-34-12 RN Application fee $135.00

56-106

     Nurses 5-34-16 LPN Application fee $45.00

56-107

     Nurses 5-34-19 Renewal fee: RN $135.00

56-108

     Nurses 5-34-19 Renewal fee: LPN $45.00

56-109

     Nurses 5-34-37 RNP application fee $80.00

56-110

     Nurses 5-34-37 RNP renewal fee $80.00

56-111

     Nurses 5-34-37 RNP prescriptive privileges $65.00

56-112

     Nurses 5-34-40.3 Clin nurse spec application $80.00

56-113

     Nurses 5-34-40.3 Clin nurse spec renewal $80.00

56-114

     Nurses 5-34-40.3 Clin nurse spec Rx privilege $65.00

56-115

     Nurse anesthetists 5-34.2-4 (a) CRNA application fee $80.00

56-116

     Nurse anesthetists 5-34.2-4 (b) CRNA renewal fee $80.00

56-117

     Optometrists 5-35.1-4 Application fee $280.00

56-118

     Optometrists 5-35.1-7 Renewal fee $280.00

56-119

     Optometrists 5-35.1-7 Late fee $90.00

56-120

     Optometrists 5-35.1-7 Reactivation of license fee $65.00

56-121

     Optometrists 5-35.1-19 (b) Violations of section $650.00

56-122

     Optometrists 5-35.1-20 Violations of chapter $260.00

56-123

     Opticians 5-35.2-3 Application fee $30.00

56-124

     Physicians 5-37-2 Application fee $1,090.00

56-125

     Physicians 5-37-2 Re-examination fee $1,090.00

56-126

     Physicians 5-37-10 (b) Late renewal fee $170.00

56-127

     Physicians 5-37-16 Limited registration fee $65.00

56-128

     Physicians 5-37-16.1 Ltd reg: academic faculty $600.00

56-129

     Physicians 5-37-16.1 Ltd reg: academic

56-130

      Faculty renewal $170.00

56-131

     Acupuncture 5-37.2-10 Application fee $310.00

56-132

     Social workers 5-39.1-9 Application fee $70.00

56-133

     Social workers 5-39.1-9 Renewal fee $70.00

56-134

     Physical therapists 5-40-8 Application fee $155.00

56-135

     Physical therapists 5-40-8.1 Application: physical therapy

56-136

assistants $ 50.00

57-1

     Physical therapists 5-40-10 (a) Renewal fee:

57-2

      Physical therapists $155.00

57-3

     Physical therapists 5-40-10 (a) Renewal fee: Physical therapy

57-4

      assistants $ 50.00

57-5

     Physical therapists 5-40-10 [c] Late renewals $ 50.00

57-6

     Occupational therapists 5-40.1-12 (2) Renewal fee $140.00

57-7

     Occupational therapists 5-40.1-12 (5) Late renewal fee $50.00

57-8

     Occupational therapists 5-40.1-12 (b) Reactivation fee $140.00

57-9

     Occupational therapists 5-40.1-13 Application fee $140.00

57-10

     Psychologists 5-44-12 Application fee $230.00

57-11

     Psychologists 5-44-13 Temporary permit $120.00

57-12

     Psychologists 5-44-15[c] Renewal fee $230.00

57-13

     Psychologists 5-44-15 (e) Late renewal fee $50.00

57-14

     Nursing home administrators 5-45-10 Renewal fee $160.00

57-15

     Speech pathologist/audiologists 5-48-1 (14) Speech lang support personnel:

57-16

      late filing $ 90.00

57-17

     Speech pathologist/audiologists 5-48-9 (a) Application fee: Audiologist $ 65.00

57-18

     Speech pathologist/audiologists 5-48-9 (a) Application fee:

57-19

      speech Pathologist $145.00

57-20

     Speech pathologist/audiologists 5-48-9 (a) Renewal fee: Audiologist $65.00

57-21

     Speech pathologist/audiologists 5-48-9 (a) Renewal fee: Speech

57-22

      Pathologist $145.00

57-23

     Speech pathologist/audiologists 5-48-9 (a) Provisional license: renewal fee $65.00

57-24

     Speech pathologist/audiologists 5-48-9 (b) Late renewal fee $50.00

57-25

     Speech pathologist/audiologists 5-48-9 (d)(1) Reinstatement fee: audiologist $65.00

57-26

     Speech pathologist/audiologists 5-48-9 (d)(1) Reinstatement fee: audiologist $65.00

57-27

      speech pathologists $145.00

57-28

      personnel: late filing $65.00

57-29

     Hearing aid dealers/fitters 5-49-6 (a) License endorsement

57-30

      Examination fee $ 25.00

57-31

     Hearing aid dealers/fitters 5-49-8 (b) Temporary permit fee $ 25.00

57-32

     Hearing aid dealers/fitters 5-49-8 (d) Temporary permit renewal fee $ 35.00

57-33

     Hearing aid dealers/fitters 5-49-11 (1) License fee $ 25.00

58-34

     Hearing aid dealers/fitters 5-49-11 (b) License renewal fee $25.00

58-35

     Hearing aid dealers/fitters 5-49-11 [c] License renewal late fee $25.00

58-36

     Physician assistants 5-54-9 (4) Application fee $110.00

58-37

     Physician assistants 5-54-11 (b) Renewal fee $110.00

58-38

     Orthotics/prosthetic practice 5-59.1-5 Application fee $120.00

58-39

     Orthotics/prosthetic practice 5-59.1-12 Renewal fee $120.00

58-40

     Athletic trainers 5-60-11 Application fee $60.00

58-41

     Athletic trainers 5-60-11 Renewal fee $60.00

58-42

     Athletic trainers 5-60-11 Late renewal fee $25.00

58-43

     Mental health counselors/ 5-63.2-16 Application fee: marriage/

58-44

     Marriage and family therapists Family therapist $130.00

58-45

     Mental health counselors/ 5-63.2-16 Application fee: mental

58-46

     Marriage and family therapists Health counselors $70.00

58-47

     Mental health counselors/ 5-63.2-16 Reexamination fee:

58-48

     Marriage and family therapists Marriage/family therapist $130.00

58-49

     Mental health counselors/ 5-63.2-16 Reexamination fee:

58-50

     Marriage and family therapists Mental health counselors $ 70.00

58-51

     Mental health counselors/ 5-63.2-17(a) Renewal fee: marriage/

58-52

     marriage and Family therapists Family therapist $130.00

58-53

     Mental health counselors/5-63.2-17(a) Renewal fee:

58-54

     Marriage and family therapist Mental health counselor $50.00

58-55

     Mental health counselors/ 5-63.2-17(b) Late renewal fee

58-56

     Marriage and family therapist marriage and family therapist $90.00

58-57

     Dieticians/nutritionists 5-64-6 (b) Application fee $75.00

58-58

     Dieticians/nutritionists 5-64-7 Graduate status:

58-59

      Application fee: $75.00

58-60

     Dieticians/nutritionists 5-64-8 Renewal fee $ 75.00

58-61

     Dieticians/nutritionists 5-64-8 Reinstatement fee $ 75.00

58-62

     Radiologic technologists 5-68.1-10 Application fee maximum $190.00

58-63

     Licensed chemical 5-69-9 Application fee $75.00

58-64

     dependency professionals

58-65

     Licensed chemical 5-69-9 Renewal fee $75.00

58-66

     dependency professionals

58-67

     Licensed chemical 5-69-9 Application fee $75.00

59-68

     Licensed chemical 5-69-9 Application fee $75.00

59-69

     dependency clinical supervisor

59-70

     Licensed chemical 5-69-9 Renewal fee $75.00

59-71

     dependency clinical supervisor

59-72

     Deaf interpreters 5-71-8 (3) License fee maximum $ 25.00

59-73

     Deaf interpreters 5-71-8 (3) License renewal fee $ 25.00

59-74

     Milk producers 21-2-7(g)(1) In-state milk processor $160.00

59-75

     Milk producers 21-2-7(g)(2) Out-of-state milk processor $160.00

59-76

     Milk producers 21-2-7(g)(3) Milk distributors $160.00

59-77

     Frozen desserts 21-9-3 (1) In-state wholesale $550.00

59-78

     Frozen desserts 21-9-3 (2) Out-of-state wholesale $160.00

59-79

     Frozen desserts 21-9-3 (3) Retail frozen dess processors $160.00

59-80

     Meats 21-11-4 Wholesale $160.00

59-81

     Meats 21-11-4 Retail $ 40.00

59-82

     Shellfish packing houses 21-14-2 License fee:

59-83

      Shipper/reshipper $320.00

59-84

     Shellfish packing houses 21-14-2 License fee:

59-85

      Shucker packer/re packer $390.00

59-86

     Non-alcoholic bottled 21-23-2 Bottler permit

59-87

     Beverages, Drinks & juices $550.00

59-88

     Non-alcoholic bottled 21-23-2 Bottle apple cider fee

59-89

     beverages, drinks and juices $ 60.00

59-90

     Farm home food manufacturers 21-27-6.1 (4) Registration fee $ 65.00

59-91

     Food businesses 21-27-10 (e)(1) Food processors wholesale $500.00

59-92

     Food businesses 21-27-10 (e)(2) Food processors retail $120.00

59-93

     Food businesses 21-27-10 (e)(3) Food service establishments

59-94

      <50 seats $160.00

59-95

     Food businesses 21-27-10 (e)(3) Food service establishments

59-96

      >50 seats $240.00

59-97

     Food businesses 21-27-10 (e)(3) Mobile food service units $100.00

59-98

     Food businesses 21-27-10 (e)(3) Industrial caterer or food vending

59-99

      Machine commissary $280.00

59-100

     Food businesses 21-27-10 (e)(3) Cultural heritage educational

59-101

      Facility $ 80.00

60-102

     Food businesses 21-27-10 (e)(4) Vending Machine Location

60-103

      < 3 units $ 50.00

60-104

     Food businesses 21-27-10 (e)(4) Vending Machine

60-105

      Location 4-10 units $100.00

60-106

     Food businesses 21-27-10 (e)(4) Vending Machine Location

60-107

      = 11 units $120.00

60-108

     Food businesses 21-27-10 (e)(5) Retail Mkt

60-109

      1-2 cash registers $120.00

60-110

     Food businesses 21-27-10 (e)(5) Retail Market

60-111

      3-5 cash registers $240.00

60-112

     Food businesses 21-27-10 (e)(5) Retail Market = 6

60-113

      Cash registers $510.00

60-114

     Food businesses 21-27-10 (e)(6) Retail food peddler $100.00

60-115

     Food businesses 21-27-10 (e)(7) Food warehouses $190.00

60-116

     Food businesses 21-27-11.2 Certified food safety mgr $ 50.00

60-117

     License verification fee 23-1-16.1 All license types $ 50.00

60-118

     Tattoo and body piercing 23-1-39 Annual registration fee:

60-119

      Person $90.00

60-120

     Tattoo and body piercing 23-1-39 Annual registration fee:

60-121

      establishment $90.00

60-122

     Vital records 23-3-25 (a)(1) Certificate of birth, fetal death,

60-123

      Death, marriage, birth, or

60-124

      Certification that such record

60-125

      Cannot be found $ 20.00

60-126

     Vital records 23-3-25 (a)(1) Each duplicate of certificate

60-127

      of birth, fetal death, death, marriage,

60-128

      Birth, or certification that such record

60-129

      cannot be found $ 15.00

60-130

     Vital records 23-3-25 (a)(2) Each additional calendar year

60-131

      Search, if within 3 months of

60-132

      original search and if receipt of original

60-133

      search presented $ 2.00

60-134

     Vital records 23-3-25 (a)(3) Expedited service $ 7.00

60-135

     Vital records 23-3-25 (a)(4) Adoptions, legitimations, or

61-136

      Paternity determinations $ 15.00

61-137

     Vital records 23-3-25 (a)(5) Authorized corrections,

61-138

      Alterations, and additions $ 10.00

61-139

     Vital records 23-3-25 (a)(6) Filing of delayed record and

61-140

      Examination of documentary

61-141

      Proof $ 20.00

61-142

     Vital records 23-3-25 (a)(6) Issuance of certified copy

61-143

      of a delayed record $ 20.00

61-144

     Medical Examiner 23-4-13 Autopsy reports $ 40.00

61-145

     Medical Examiner 23-4-13 Cremation certificates

61-146

      and statistics $ 30.00

61-147

     Medical Examiner 23-4-13 Testimony in civil suits:

61-148

      Minimum/day $650.00

61-149

     Medical Examiner 23-4-13 Testimony in civil suits:

61-150

      Maximum/day $3,250.00

61-151

     Emergency medical technicians 23-4.1-10[c] Annual fee: ambulance

61-152

      Service maximum $540.00

61-153

     Emergency medical technicians 23-4.1-10[c] Annual fee: vehicle license

61-154

      maximum $275.00

61-155

     Emergency medical technicians 23-4.1-10[c] Triennial fee: EMT license

61-156

      maximum $ 120.00

61-157

     Emergency medical technicians 23-4.1-10 (2) Exam fee maximum: EMT $ 120.00

61-158

     Emergency medical technicians 23-4.1-10 (2) Vehicle inspection

61-159

      Maximum $190.00

61-160

     Clinical laboratories 23-16.2-4 (a) Clinical laboratory license

61-161

      per specialty $650.00

61-162

     Clinical laboratories 23-16.2-4 (a) Laboratory station license $650.00

61-163

     Clinical laboratories 23-16.2-4 (b) Permit fee $ 70.00

61-164

     Health care facilities 23-17-38 Hospital: base fee annual $16,900.00

61-165

     Health care facilities 23-17-38 Hospital: annual per bed fee $120.00

61-166

     Health care facilities 23-17-38 ESRD: annual fee $3,900.00

61-167

     Health care facilities 23-17-38 Home nursing care/home

61-168

      Care providers $650.00

61-169

     Health care facilities 23-17-38 OACF: annual fee $650.00

62-170

     Assisted living residences/ 23-17.4-15.2(d) License renewal fee: $220.00

62-171

     administrators

62-172

     Assisted living residences 23-17.4-31 Annual facility fee: base $330.00

62-173

     Assisted living residences 23-17.4-31 Annual facility per bed $ 70.00

62-174

     Nursing assistant registration 23-17.9-3 Application: competency

62-175

      evaluation training

62-176

      program maximum $325.00

62-177

     Nursing assistant registration 23-17.9-5 Application fee $ 35.00

62-178

     Nursing assistant registration 23-17.9-5 Exam fee: skills proficiency $170.00

62-179

     Nursing assistant registration 23-17.9-6 Registration fee $ 35.00

62-180

     Nursing assistant registration 23-17.9-7 Renewal fee $ 35.00

62-181

     Sanitarians 23-19.3-5 (a) Registration fee $ 25.00

62-182

     Sanitarians 23-19.3-5 (b) Registration renewal $ 25.00

62-183

     Massage therapy 23-20.8-3 (e) Massage therapist appl fee $ 65.00

62-184

     Massage therapy 23-20.8-3 (e) Massage therapist renewal

62-185

      fee $ 65.00

62-186

     Recreational facilities 23-21-2 Application fee $160.00

62-187

     Swimming pools 23-22-6 Application license:

62-188

      first pool $250.00

62-189

     Swimming pools 23-22-6 Additional pool

62-190

      fee at same location $ 75.00

62-191

     Swimming pools 23-22-6 Seasonal application license:

62-192

      first pool $150.00

62-193

     Swimming pools 23-22-6 Seasonal additional pool

62-194

      fee at same location $ 75.00

62-195

     Swimming pools 23-22-6 Year-round license

62-196

      for non-profit $25.00

62-197

     Swimming pools 23-22-10 Duplicate license $ 2.00

62-198

     Swimming pools 23-22-12 Penalty for violations $ 50.00

62-199

     Respiratory care practitioners 23-39-11 Application fee

     

Article-009-SUB-A

=======

art.010/6/010/5/010/4/010/3/010/2/010/1

=======

1-1

ARTICLE 10

1-2

RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2012

1-3

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

1-4

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

1-5

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

1-6

2012. The amounts identified for federal funds and restricted receipts shall be made available

1-7

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

1-8

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

1-9

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

1-10

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

1-11

authenticated vouchers.

1-12

      FY 2012 FY 2012 FY 2012

1-13

      Enacted Change Final

1-14

     Administration

1-15

     Central Management General Revenues 1,326,065 540,232 1,866,297

1-16

     Legal Services General Revenues 1,825,486 106,608 1,932,094

1-17

     Accounts and Control General Revenues 3,751,998 29,173 3,781,171

1-18

     Budgeting General Revenues 2,015,159 273,582 2,288,741

1-19

     Purchasing

1-20

      General Revenues 2,445,901 (140,094) 2,305,807

1-21

      Federal Funds 68,956 (497) 68,459

1-22

      Other Funds 265,489 (8,757) 256,732

1-23

      Total – Purchasing 2,780,346 (149,348) 2,630,998

1-24

     Auditing General Revenues 1,376,922 (136,914) 1,240,008

1-25

     Human Resources

1-26

      General Revenues 8,952,981 (366,698) 8,586,283

1-27

      Federal Funds 770,374 (86,888) 683,486

1-28

      Restricted Receipts 426,866 (57,308) 369,558

1-29

      Other Funds 1,360,618 (72,735) 1,287,883

1-30

      Total - Human Resources 11,510,839 (583,629) 10,927,210

2-31

     Personnel Appeal Board General Revenues 73,560 1,116 74,676

2-32

     Facilities Management

2-33

      General Revenues 31,519,155 (117,790) 31,401,365

2-34

      Federal Funds 1,041,891 (20,635) 1,021,256

2-35

      Federal Funds – Stimulus 0 500,408 500,408

2-36

      Restricted Receipts 594,907 (12,376) 582,531

2-37

      Other Funds 3,301,000 (62,745) 3,238,255

2-38

      Total – Facilities Management 36,456,953 286,862 36,743,815

2-39

     Capital Projects and Property Management

2-40

      General Revenues 2,429,894 206,803 2,636,697

2-41

      Federal Funds - Stimulus 58,363 175,502 233,865

2-42

      Restricted Receipts 1,433,822 (184,033) 1,249,789

2-43

      Total – Capital Projects & Property Mgmt 3,922,079 198,272 4,120,351

2-44

     Information Technology

2-45

      General Revenues 19,949,105 593,088 20,542,193

2-46

      Federal Funds 6,775,106 (616,541) 6,158,565

2-47

      Restricted Receipts 1,863,153 (88,751) 1,774,402

2-48

      Other Funds 1,792,590 314,143 2,106,733

2-49

      Total – Information Technology 30,379,954 201,939 30,581,893

2-50

     Library and Information Services

2-51

      General Revenues 932,971 (1,802) 931,169

2-52

      Federal Funds 1,288,445 147,652 1,436,097

2-53

      Restricted Receipts 1,895 0 1,895

2-54

      Total - Library and Information Services 2,223,311 145,850 2,369,161

2-55

     Planning

2-56

      General Revenues 4,075,067 (11,656) 4,063,411

2-57

      Federal Funds 11,414,909 (444,408) 10,970,501

2-58

      Federal Funds - Stimulus 1,053,053 427,596 1,480,649

2-59

      Federal Highway – PL Systems Planning 5,126,163 (232,777) 4,893,386

2-60

      Air Quality Monitoring 10,000 (10,000) 0

2-61

      Total - Planning 21,679,192 (271,245) 21,407,947

2-62

     General

2-63

      General Revenues

2-64

      Economic Development Corporation 4,811,811 770,000 5,581,811

3-65

      EDC – Airport Corporation Impact Aid 1,025,000 0 1,025,000

3-66

     Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be

3-67

distributed to each airport serving more than 1,000,000 passengers based upon its percentage of

3-68

the total passengers served by all airports serving more than 1,000,000 passengers. Forty percent

3-69

(40%) of the first $1,000,000 shall be distributed based on the share of landings during the

3-70

calendar year 2011 at North Central Airport, and Westerly Airport, respectively. The Economic

3-71

Development Corporation shall make an impact payment to the towns of cities in which the

3-72

airport is located based on this calculation.

3-73

     Each community upon which any parts of the above airports are located shall receive at

3-74

least $25,000.

3-75

      EDC – EPScore (Research Alliance) 1,500,000 0 1,500,000

3-76

      I-195 Commission 0 50,000 50,000

3-77

     Miscellaneous Grants 376,560 (14,175) 362,385

3-78

      Slater Centers of Excellence 2,000,000 0 2,000,000

3-79

      Torts – Courts 400,000 0 400,000

3-80

      State Employees/Teachers Retiree

3-81

     Health Subsidy 2,321,057 0 2,321,057

3-82

      Resource Sharing and State Library Aid 8,773,398 0 8,773,398

3-83

      Library Construction Aid 2,821,772 0 2,821,772

3-84

      Federal Funds 0 8,691,110 8,691,110

3-85

      Restricted Receipts 421,500 0 421,500

3-86

      Rhode Island Capital Plan Funds

3-87

      Statehouse Renovations 1,500,000 (835,296) 664,704

3-88

      Cranston Street Armory 200,000 20,863 220,863

3-89

      Cannon Building 1,225,000 0 1,225,000

3-90

      Zambarano Building Rehabilitation 848,000 (527,516) 320,484

3-91

      Pastore Medical Center Rehab DOA 1,000,000 0 1,000,000

3-92

      Old State House 500,000 0 500,000

3-93

      State Office Building 1,150,000 0 1,150,000

3-94

      Old Colony House 200,000 305,277 505,277

3-95

      William Powers Building 500,000 357,348 857,348

3-96

      Fire Code Compliance State Buildings 650,000 (400,000) 250,000

3-97

      Pastore Center Fire Code Compliance 800,000 340,137 1,140,137

3-98

      Pastore Center Water Tanks 500,000 0 500,000

4-99

      Pastore Center Utilities Upgrade 1,000,000 30,509 1,030,509

4-100

      Replacement of Fueling Tanks 300,000 195,799 495,799

4-101

      Environmental Compliance 300,000 (100,000) 200,000

4-102

      Pastore Center Building Demolition 2,500,000 (2,000,000) 500,000

4-103

      McCoy Stadium 500,000 607,809 1,107,809

4-104

      Washington County Government Center 1,200,000 946,233 2,146,233

4-105

      DoIT Operations Center 288,000 1,383,506 1,671,506

4-106

      Pastore Center Power Plant 670,000 175,825 845,825

4-107

      Veterans Memorial Auditorium 1,400,000 2,224,825 3,624,825

4-108

      Chapin Health Laboratory 500,000 (375,000) 125,000

4-109

      Pastore Center Parking 225,000 0 225,000

4-110

      Board of Elections New Location 100,000 (100,000) 0

4-111

      Building 79 Stabilization 300,000 (300,000) 0

4-112

      Interdepartmental Weapons Range 150,000 (150,000) 0

4-113

      USAR Rubble Pile 0 200,000 200,000

4-114

      Zambarano Woodchip Boiler 0 750,000 750,000

4-115

      Big River Groundwater Development 0 186,372 186,372

4-116

      Big River Management Area 200,000 65,252 265,252

4-117

      Total – General 43,157,098 12,498,878 55,655,976

4-118

     Debt Service Payments

4-119

      General Revenues 144,742,359 (2,207,096) 142,535,263

4-120

      Federal Funds 743,348 2,015,980 2,759,328

4-121

      Restricted Receipts 7,634,798 (3,179,641) 4,455,157

4-122

      RIPTA Debt Service 1,198,372 (93,028) 1,105,344

4-123

      Transportation Debt Service 46,206,772 (6,360,035) 39,846,737

4-124

      Investment Receipts – Bond Funds 100,000 0 100,000

4-125

      COPS - DLT Building – TDI 278,848 0 278,848

4-126

      Total - Debt Service Payments 200,904,497 (9,823,820) 191,080,677

4-127

     Energy Resources

4-128

      Federal Funds 34,004,073 135,175 34,139,248

4-129

      Federal Funds – Stimulus 11,865,689 17,547,543 29,413,232

4-130

      Restricted Receipts 7,682,130 3,080,065 10,762,195

4-131

      Total – Energy Resources 53,551,892 20,762,783 74,314,675

4-132

     Undistributed Statewide Savings General Revenues (3,000,000) 3,000,000 0

5-133

      Grand Total – Administration 413,935,351 27,080,339 441,015,690

5-134

     Business Regulation

5-135

     Central Management General Revenues 1,162,041 (67,085) 1,094,956

5-136

     Banking Regulation

5-137

      General Revenues 1,472,238 (101,101) 1,371,137

5-138

      Restricted Receipts 125,000 0 125,000

5-139

      Total - Banking Regulation 1,597,238 (101,101) 1,496,137

5-140

     Securities Regulation

5-141

      General Revenues 1,051,512 (200,500) 851,012

5-142

      Restricted Receipts 15,000 0 15,000

5-143

      Total - Securities Regulation 1,066,512 (200,500) 866,012

5-144

     Insurance Regulation

5-145

      General Revenues 4,031,865 (420,283) 3,611,582

5-146

      Federal Funds 148,312 (64,653) 83,659

5-147

      Restricted Receipts 1,140,825 146,435 1,287,260

5-148

      Total - Insurance Regulation 5,321,002 (338,501) 4,982,501

5-149

     Office of the Health Commissioner

5-150

      General Revenues 547,168 (41,731) 505,437

5-151

      Federal Funds 6,654,961 2,702,717 9,357,678

5-152

      Restricted Receipts 10,500 0 10,500

5-153

      Total – Office of the Health Commissioner 7,212,629 2,660,986 9,873,615

5-154

     Board of Accountancy General Revenues 170,668 (29,996) 140,672

5-155

     Commercial Licensing, Racing & Athletics

5-156

      General Revenues 753,526 (219,777) 533,749

5-157

      Restricted Receipts 476,122 8,269 484,391

5-158

      Total - Commercial Licensing, Racing &

5-159

     Athletics 1,229,648 (211,508) 1,018,140

5-160

     Board for Design Professionals General Revenues 247,360 76,977 324,337

5-161

      Grand Total - Business Regulation 18,007,098 1,789,272 19,796,370

5-162

     Labor and Training

5-163

     Central Management

5-164

      General Revenues 113,640 5,235 118,875

5-165

      Restricted Receipts 534,274 (192,965) 341,309

5-166

      Rhode Island Capital Plan Funds

6-167

      Center General Asset Protection 208,500 (25,000) 183,500

6-168

      Center General Roof 770,000 (753,650) 16,350

6-169

      Total - Central Management 1,626,414 (966,380) 660,034

6-170

     Workforce Development Services

6-171

      Federal Funds 29,292,898 (1,162,473) 28,130,425

6-172

      Federal Funds – Stimulus 0 12,450 12,450

6-173

      Restricted Receipts 6,694,730 (352,723) 6,342,007

6-174

      Shared Youth Vision 45,900 (45,900) 0

6-175

      Total - Workforce Development Services 36,033,528 (1,548,646) 34,484,882

6-176

     Workforce Regulation and Safety General Revenues 2,901,435 80,420 2,981,855

6-177

     Income Support

6-178

      General Revenues 4,163,873 (132,012) 4,031,861

6-179

      Federal Funds 19,194,869 4,804,308 23,999,177

6-180

      Federal Funds – Stimulus - UI 51,275,635 120,288,044 171,563,679

6-181

      Restricted Receipts 1,320,268 26,005,934 27,326,202

6-182

      Temporary Disability Insurance Fund 172,306,860 (983,251) 171,323,609

6-183

      Employment Security Fund 273,892,146 164,674,681 438,566,827

6-184

      Total - Income Support 522,153,651 314,657,704 836,811,355

6-185

     Injured Workers Services Restricted Receipts 8,555,089 590,040 9,145,129

6-186

     Labor Relations Board General Revenues 396,538 (15,589) 380,949

6-187

      Grand Total - Labor and Training 571,666,655 312,797,549 884,464,204

6-188

     Department of Revenue

6-189

     Director of Revenue General Revenues 784,261 1,705 785,966

6-190

     Office of Revenue Analysis General Revenues 435,910 (53,712) 382,198

6-191

     Lottery Division Other Funds 218,537,728 9,301,684 227,839,412

6-192

     Municipal Finance

6-193

     General Revenues 1,204,490 (33,315) 1,171,175

6-194

     Central Falls Receivership 698,450 1,016,987 1,715,437

6-195

     East Providence 0 129,225 129,225

6-196

     Total – Municipal Finance 1,902,940 1,112,897 3,015,837

6-197

      Taxation

6-198

      General Revenues 17,323,623 (122,313) 17,201,310

6-199

      Federal Funds 1,348,756 (11,618) 1,337,138

6-200

      Restricted Receipts 888,899 (8,207) 880,692

7-201

      Other Funds

7-202

      Motor Fuel Tax Evasion 43,178 54 43,232

7-203

      Temporary Disability Insurance 987,032 (3,195) 983,837

7-204

      RICAP – Tax Data Warehouse 0 236,105 236,105

7-205

      Total – Taxation 20,591,488 90,826 20,682,314

7-206

     Registry of Motor Vehicles

7-207

      General Revenues 17,574,304 365,453 17,939,757

7-208

      Federal Funds 1,287,303 (459,792) 827,511

7-209

      Restricted Receipts 15,100 347,992 363,092

7-210

      Rhode Island Capital Plan Funds

7-211

      Registry of Motor Vehicles – Forand 0 519,579 519,579

7-212

      Total – Registry of Motor Vehicles 18,876,707 773,232 19,649,939

7-213

     State Aid

7-214

      General Revenues

7-215

      Distressed Communities Relief Fund 10,384,458 0 10,384,458

7-216

     Payment in Lieu of Tax Exempt Properties 33,080,409 0 33,080,409

7-217

     Motor Vehicle Excise Tax Payments 10,000,000 0 10,000,000

7-218

     Property Revaluation Program 1,125,000 (219,780) 905,220

7-219

     Municipal Pension Revaluation 0 234,000 234,000

7-220

     Central Falls Stabilization Payment 0 2,636,932 2,636,932

7-221

     Restricted Receipts - Car Rental Tax/

7-222

     Surcharge – Warwick Share 957,497 0 957,497

7-223

      Total – State Aid 55,547,364 2,651,152 58,198,516

7-224

      Grand Total – Revenue 316,676,398 13,877,784 330,554,182

7-225

     Legislature

7-226

      General Revenues 36,548,053 3,474,421 40,022,474

7-227

      Restricted Receipts 1,649,199 (7,144) 1,642,055

7-228

      Grand Total – Legislature 38,197,252 3,467,277 41,664,529

7-229

     Lieutenant Governor

7-230

      General Revenues 965,940 (14,831) 951,109

7-231

      Federal Funds 124,232 (173) 124,059

7-232

      Grand Total - Lieutenant Governor 1,090,172 (15,004) 1,075,168

7-233

     Secretary of State

7-234

     Administration General Revenues 2,056,734 (190,877) 1,865,857

8-235

     Corporations General Revenues 1,891,380 337,742 2,229,122

8-236

     State Archives

8-237

      General Revenues 79,385 0 79,385

8-238

      Restricted Receipts 496,548 5,788 502,336

8-239

      Total - State Archives 575,933 5,788 581,721

8-240

     Elections & Civics

8-241

      General Revenues 1,432,530 (23,985) 1,408,545

8-242

      Federal Funds 0 55,438 55,438

8-243

      Total – Elections and Civics 1,432,530 31,453 1,463,983

8-244

     State Library General Revenues 581,844 10,398 592,242

8-245

     Office of Public Information General Revenues 334,439 5,312 339,751

8-246

      Grand Total – Secretary of State 6,872,860 199,816 7,072,676

8-247

     General Treasurer

8-248

     Treasury

8-249

      General Revenues 2,190,137 98,721 2,288,858

8-250

      Federal Funds 279,741 19,506 299,247

8-251

      Temporary Disability Insurance Fund 227,589 22,126 249,715

8-252

      Total – Treasury 2,697,467 140,353 2,837,820

8-253

     State Retirement System

8-254

      General Revenues 0 206,456 206,456

8-255

     Restricted Receipts

8-256

      Admin Expenses - State Retirement System 11,062,057 (227,636) 10,834,421

8-257

      Retirement - Treasury Investment Operations 1,060,744 125,645 1,186,389

8-258

      Total - State Retirement System 12,122,801 104,465 12,227,266

8-259

     Unclaimed Property Restricted Receipts 15,940,148 11,107,317 27,047,465

8-260

     Crime Victim Compensation Program

8-261

      General Revenues 110,715 32,915 143,630

8-262

      Federal Funds 848,310 50,895 899,205

8-263

      Restricted Receipts 1,481,135 (332,170) 1,148,965

8-264

      Total - Crime Victim Compensation Program 2,440,160 (248,360) 2,191,800

8-265

      Grand Total – General Treasurer 33,200,576 11,103,775 44,304,351

8-266

     Board of Elections

8-267

      General Revenues 1,825,905 (121,644) 1,704,261

8-268

      Federal Funds 50,000 0 50,000

9-269

      Grand Total - Board of Elections 1,875,905 (121,644) 1,754,261

9-270

     Rhode Island Ethics Commission

9-271

     General Revenues 1,560,008 (97,062) 1,462,946

9-272

     Office of Governor

9-273

      General Revenues 4,088,521 (43,223) 4,045,298

9-274

      Contingency Fund 250,000 0 250,000

9-275

      Federal Funds 0 109,768 109,768

9-276

      Federal Funds – Stimulus 139,898 (139,898) 0

9-277

      Restricted Receipts - OERR 777,676 (65,320) 712,356

9-278

      Grand Total – Office of Governor 5,256,095 (138,673) 5,117,422

9-279

     Commission for Human Rights

9-280

      General Revenues 1,154,038 (11,218) 1,142,820

9-281

      Federal Funds 301,532 (24,463) 277,069

9-282

      Grand Total - Commission for

9-283

     Human Rights 1,455,570 (35,681) 1,419,889

9-284

     Public Utilities Commission

9-285

      Federal Funds 109,394 (610) 108,784

9-286

      Federal Funds – Stimulus 199,979 11,548 211,527

9-287

      Restricted Receipts 7,795,633 (18,486) 7,777,147

9-288

      Grand Total - Public Utilities Commission 8,105,006 (7,548) 8,097,458

9-289

     Office of Health and Human Services

9-290

      General Revenues 9,773,834 571,128 10,344,962

9-291

      Federal Funds 6,250,134 1,688,372 7,938,506

9-292

      Federal Funds – Stimulus 0 104,000 104,000

9-293

      Restricted Receipts 904,712 (7,272) 897,440

9-294

      Grand Total – Health and Human Services 16,928,680 2,356,228 19,284,908

9-295

     Children, Youth, and Families

9-296

     Central Management

9-297

      General Revenues

9-298

      Information Systems 1,033,309 164,929 1,198,238

9-299

      Office of the Budget 341,958 368,377 710,335

9-300

      Office of the Director 889,249 (530,988) 358,261

9-301

      Support Services 2,430,044 (350,611) 2,079,433

9-302

      Federal Funds

10-303

      Information Systems 390,275 338,952 729,227

10-304

      Office of Budget 427,922 (18,932) 408,990

10-305

      Support Services 881,243 92,212 973,455

10-306

      Restricted Receipts 301,122 (15,929) 285,193

10-307

      Total - Central Management 6,695,122 48,010 6,743,132

10-308

     Children's Behavioral Health Services

10-309

      General Revenues

10-310

      Children’s Mental Health 10,088,177 (538,465) 9,549,712

10-311

      Local Coordinating Council 730,119 254,599 984,718

10-312

      Federal Funds

10-313

      Educational Services 1,733,352 (127,049) 1,606,303

10-314

      Children’s Mental Health 8,489,226 (1,143,973) 7,345,253

10-315

     Federal Funds – Stimulus 0 75 75

10-316

      Rhode Island Capital Plan Funds

10-317

      NAFI Center 530,000 (280,000) 250,000

10-318

      Mt. Hope Building Facade 275,000 (275,000) 0

10-319

      Various Repairs and Improvements 900,000 0 900,000

10-320

      Old Training School Close 0 75,000 75,000

10-321

      Total - Children's Behavioral Health

10-322

     Services 22,745,874 (2,034,813) 20,711,061

10-323

     Juvenile Correctional Services

10-324

      General Revenues

10-325

      Institutional Services 16,605,460 (302,147) 16,303,313

10-326

      Juvenile Probation and Parole 10,132,890 (502,482) 9,630,408

10-327

      RITS Education Program 3,746,798 811,074 4,557,872

10-328

      Federal Funds

10-329

      Institutional Services 64,000 (4,772) 59,228

10-330

      Juvenile Probation and Parole 1,709,531 (503,067) 1,206,464

10-331

      RITS Education Program 156,977 (23,599) 133,378

10-332

      Federal Funds – Stimulus 386,667 137,903 524,570

10-333

      Rhode Island Capital Plan Funds

10-334

      Vocational Building – RITS 0 79,900 79,900

10-335

      Total - Juvenile Correctional Services 32,802,323 (307,190) 32,495,133

10-336

     Child Welfare

11-337

      General Revenues

11-338

      18 to 21 Year Olds 12,358,817 (1,265,581) 11,093,236

11-339

      Board and Care 45,396,579 8,831,562 54,228,141

11-340

      Community Services 3,177,072 (2,252,728) 924,344

11-341

      Family Services 16,904,520 (3,536,489) 13,368,031

11-342

      Foster Care 11,092,453 2,146,482 13,238,935

11-343

      Prevention Services 2,324 3,303 5,627

11-344

      Protective Services 10,069,214 3,401,588 13,470,802

11-345

      Federal Funds

11-346

      18 to 21 Year Olds 2,501,548 127,908 2,629,456

11-347

      Board and Care 23,612,189 1,299,078 24,911,267

11-348

      Community Services 3,730,450 (173,634) 3,556,816

11-349

      Foster Care 5,099,091 815,706 5,914,797

11-350

      Prevention Services 1,404,420 (72,432) 1,331,988

11-351

      Protective Services 9,039,102 490,788 9,529,890

11-352

     Federal Funds – Stimulus 0 363,696 363,696

11-353

      Restricted Receipts 3,088,174 (547,985) 2,540,189

11-354

      Rhode Island Capital Plan Funds

11-355

      Camp E-Hun-Tee 85,000 (85,000) 0

11-356

      Fire Code Upgrades 1,000,000 (500,000) 500,000

11-357

      Total - Child Welfare 148,560,953 9,046,262 157,607,215

11-358

     Higher Education Incentive Grants General Revenues 200,000 0 200,000

11-359

      Grand Total - Children, Youth, and Families 211,004,272 6,752,269 217,756,541

11-360

     Health

11-361

     Central Management

11-362

      General Revenues 1,352,631 (166,710) 1,185,921

11-363

      Federal Funds 10,192,986 (48,975) 10,144,011

11-364

      Restricted Receipts 3,511,068 (460,164) 3,050,904

11-365

      Total - Central Management 15,056,685 (675,849) 14,380,836

11-366

     State Medical Examiner

11-367

      General Revenues 2,012,467 80,801 2,093,268

11-368

      Federal Funds 237,653 (39,036) 198,617

11-369

      Total - State Medical Examiner 2,250,120 41,765 2,291,885

11-370

     Environmental and Health Services Regulation

12-371

      General Revenues 8,511,059 14,897 8,525,956

12-372

      Federal Funds 5,379,236 290,130 5,669,366

12-373

      Restricted Receipts 4,375,400 (224,015) 4,151,385

12-374

     Total - Environmental & Health

12-375

     Services Regulation 18,265,695 81,012 18,346,707

12-376

     Health Laboratories

12-377

      General Revenues 6,016,806 301,763 6,318,569

12-378

      Federal Funds 1,526,065 51,726 1,577,791

12-379

      Federal Funds - Stimulus 257,946 154,177 412,123

12-380

      Total - Health Laboratories 7,800,817 507,666 8,308,483

12-381

     Public Health Information

12-382

      General Revenues 1,599,404 47,065 1,646,469

12-383

      Federal Funds 1,370,411 (402,062) 968,349

12-384

      Federal Funds - Stimulus 541,916 14,571 556,487

12-385

      Total – Public Health Information 3,511,731 (340,426) 3,171,305

12-386

     Community and Family Health and Equity

12-387

      General Revenues 2,623,954 (149,681) 2,474,273

12-388

      Federal Funds 33,750,847 10,727,113 44,477,960

12-389

      Federal Funds - Stimulus 2,878,814 3,527,895 6,406,709

12-390

      Restricted Receipts 18,871,386 1,535,363 20,406,749

12-391

      Safe and Active Commuting 63,400 108,600 172,000

12-392

      Total – Community and Family

12-393

     Health & Equity 58,188,401 15,749,290 73,937,691

12-394

     Infectious Disease and Epidemiology

12-395

      General Revenues 2,131,704 (378,794) 1,752,910

12-396

      Federal Funds 2,868,679 399,573 3,268,252

12-397

      Federal Funds – Stimulus 119,986 (4,102) 115,884

12-398

      Total – Infectious Disease and Epidemiology 5,120,369 16,677 5,137,046

12-399

      Grand Total – Health 110,193,818 15,380,135 125,573,953

12-400

     Human Services

12-401

     Central Management

12-402

      General Revenues 5,683,745 (2,091) 5,681,654

12-403

      Federal Funds 5,364,162 25,402 5,389,564

12-404

      Restricted Receipts 499,999 21,064 521,063

13-405

      Total - Central Management 11,547,906 44,375 11,592,281

13-406

     Child Support Enforcement

13-407

      General Revenues 2,214,781 (61,703) 2,153,078

13-408

      Federal Funds 6,140,841 (145,922) 5,994,919

13-409

      Total – Child Support Enforcement 8,355,622 (207,625) 8,147,997

13-410

     Individual and Family Support

13-411

      General Revenues 22,498,106 (62,969) 22,435,137

13-412

      Federal Funds 100,790,474 (2,094,788) 98,695,686

13-413

      Federal Funds - Stimulus 0 2,587,257 2,587,257

13-414

      Restricted Receipts 180,000 0 180,000

13-415

      Rhode Island Capital Plan Fund

13-416

      Blind Vending Facilities 165,000 0 165,000

13-417

      Intermodal Surface Transportation Fund 4,252,279 (28,095) 4,224,184

13-418

      Total - Individual and Family Support 127,885,859 401,405 128,287,264

13-419

     Veterans' Affairs

13-420

      General Revenues 18,568,043 (239,718) 18,328,325

13-421

      Federal Funds 8,005,072 (1,464,255) 6,540,817

13-422

      Restricted Receipts 1,643,512 2,988,402 4,631,914

13-423

      Total - Veterans' Affairs 28,216,627 1,284,429 29,501,056

13-424

     Health Care Quality, Financing and Purchasing

13-425

      General Revenues 18,551,887 (456,069) 18,095,818

13-426

      Federal Funds 40,761,367 22,713,505 63,474,872

13-427

      Federal Funds – Stimulus 0 519,586 519,586

13-428

      Restricted Receipts 60,000 0 60,000

13-429

      Total - Health Care Quality,

13-430

      Financing & Purchasing 59,373,254 22,777,022 82,150,276

13-431

     Medical Benefits

13-432

      General Revenues

13-433

      Managed Care 290,019,801 (21,083,470) 268,936,331

13-434

      Hospitals 114,309,330 (5,325,714) 108,983,616

13-435

      Nursing Facilities 162,645,787 1,529,693 164,175,480

13-436

     Home and Community Based Services 32,834,071 1,822,019 34,656,090

13-437

      Other 43,965,644 (1,063,443) 42,902,201

13-438

      Pharmacy 51,048,438 (2,820,091) 48,228,347

14-439

      Rhody Health 91,145,473 (3,038,955) 88,106,518

14-440

      Federal Funds

14-441

      Managed Care 330,298,050 (23,254,029) 307,044,021

14-442

      Hospitals 126,062,520 (13,681,079) 112,381,441

14-443

      Nursing Facilities 178,545,292 1,679,228 180,224,520

14-444

      Home and Community Based Services 41,294,467 (3,250,557) 38,043,910

14-445

      Other 62,922,375 (943,571) 61,978,804

14-446

      Pharmacy 5,076,010 (5,895,706) (819,696)

14-447

      Rhody Health 100,055,369 (5,761,887) 94,293,482

14-448

      Special Education 20,837,655 (2,487,655) 18,350,000

14-449

      Restricted Receipts 11,133,995 4,648 11,138,643

14-450

      Total - Medical Benefits 1,662,194,277 (83,570,569) 1,578,623,708

14-451

     Supplemental Security Income Program

14-452

      General Revenues 18,000,600 598,920 18,599,520

14-453

     Rhode Island Works

14-454

      General Revenues

14-455

      Child Care 9,668,635 0 9,668,635

14-456

      Federal Funds 76,471,915 1,994,310 78,466,225

14-457

      Total – Rhode Island Works 86,140,550 1,994,310 88,134,860

14-458

     State Funded Programs

14-459

      General Revenues

14-460

      General Public Assistance 2,491,925 415,790 2,907,715

14-461

      Of this appropriation, $210,000 shall be used for hardship contingency payments.

14-462

      Federal Funds 299,218,512 (479,736) 298,738,776

14-463

      Total - State Funded Programs 301,710,437 (63,946) 301,646,491

14-464

     Elderly Affairs

14-465

      General Revenues

14-466

      General Revenues 9,109,749 404,553 9,514,302

14-467

      RIPAE 374,000 (374,000) 0

14-468

      Care and Safety of the Elderly 1,287 0 1,287

14-469

      Federal Funds 17,769,466 2,308,630 20,078,096

14-470

      Restricted Receipts 572,091 285,422 857,513

14-471

      Total – Elderly Affairs 27,826,593 2,624,605 30,451,198

14-472

      Grand Total - Human Services 2,331,251,725 (54,117,074) 2,277,134,651

15-473

     Behavioral Health, Developmental Disabilities, and Hospitals

15-474

     Central Management

15-475

      General Revenues 829,195 (52,473) 776,722

15-476

      Federal Funds 320,449 (959) 319,490

15-477

      Total - Central Management 1,149,644 (53,432) 1,096,212

15-478

     Hospital and Community System Support

15-479

      General Revenues 2,435,629 (55,824) 2,379,805

15-480

      Restricted Receipts 435,237 0 435,237

15-481

      Rhode Island Capital Plan Funds

15-482

      Medical Center Rehabilitation 750,000 716,466 1,466,466

15-483

      Community Facilities Fire Code 750,000 15,388 765,388

15-484

      Total - Hospital and Community

15-485

     System Support 4,370,866 676,030 5,046,896

15-486

     Services for the Developmentally Disabled

15-487

      General Revenues 97,336,360 1,165,602 98,501,962

15-488

      Federal Funds 110,679,602 (314,444) 110,365,158

15-489

      Restricted Receipts 2,006,522 (230,505) 1,776,017

15-490

      Rhode Island Capital Plan Funds

15-491

      DD Private Waiver 909,832 (747,495) 162,337

15-492

      Regional Center Repair/Rehabilitation 750,000 (154,068) 595,932

15-493

      MR Community Facilities/Access to

15-494

     Independence 1,000,000 (100,000) 900,000

15-495

      Total - Services for the Developmentally

15-496

     Disabled 212,682,316 (380,910) 212,301,406

15-497

     Behavioral Healthcare Services

15-498

      General Revenues 36,009,986 (31,072) 35,978,914

15-499

      Federal Funds 71,467,483 (234,237) 71,233,246

15-500

      Federal Funds – Stimulus 50,000 240,000 290,000

15-501

      Restricted Receipts 90,000 35,000 125,000

15-502

      Rhode Island Capital Plan Funds

15-503

      MH Community Facilities Repair 300,000 116,888 416,888

15-504

      MH Housing Development-Thresholds 500,000 0 500,000

15-505

      MH Residence Furniture 25,000 (3,169) 21,831

15-506

      Substance Abuse Asset Production 300,000 (200,000) 100,000

16-507

      Total – Behavioral Healthcare Services 108,742,469 (76,590) 108,665,879

16-508

     Hospital and Community Rehabilitative Services

16-509

      General Revenues 47,638,399 1,810,349 49,448,748

16-510

      Federal Funds 42,972,413 3,170,311 46,142,724

16-511

      Restricted Receipts 5,466,220 (684,027) 4,782,193

16-512

      Rhode Island Capital Plan Funds

16-513

      Zambarano Buildings and Utilities 500,000 (355,484) 144,516

16-514

      Hospital Consolidation 16,000,000 (15,670,000) 330,000

16-515

      Eleanor Slater HVAC/Elevators 0 100,000 100,000

16-516

      MR Community Facilities 1,100,000 60,446 1,160,446

16-517

      BHDDH Administrative Building 500,000 (500,000) 0

16-518

      Total - Hospital and Community

16-519

      Rehabilitative Services 114,177,032 (12,068,405) 102,108,627

16-520

      Grand Total – Behavioral Health, Developmental

16-521

      Disabilities, and Hospitals 441,122,327 (11,903,307) 429,219,020

16-522

     Office of the Child Advocate

16-523

      General Revenues 603,384 (114,550) 488,834

16-524

      Federal Funds 49,048 733 49,781

16-525

      Grand Total – Office of the Child Advocate 652,432 (113,817) 538,615

16-526

     Commission on the Deaf and Hard of Hearing

16-527

      General Revenues 387,985 (1,699) 386,286

16-528

     Governor's Commission on Disabilities

16-529

      General Revenues 388,786 (857) 387,929

16-530

      Federal Funds 181,842 (59,394) 122,448

16-531

      Restricted Receipts 9,264 2,096 11,360

16-532

      Rhode Island Capital Plan Funds

16-533

      Facility Renovation – Handicapped 250,000 0 250,000

16-534

      Grand Total - Governor's Commission on

16-535

      Disabilities 829,892 (58,155) 771,737

16-536

     Office of the Mental Health Advocate

16-537

      General Revenues 468,718 (75,546) 393,172

16-538

     Elementary and Secondary Education

16-539

     Administration of the Comprehensive Education Strategy

16-540

      General Revenues 17,184,938 2,200,806 19,385,744

17-541

      Federal Funds 191,187,703 (340,838) 190,846,865

17-542

      Federal Funds – Stimulus 21,536,413 2,645,286 24,181,699

17-543

      Education Jobs Fund 5,248,761 10,428,287 15,677,048

17-544

      RTTT LEA Share 12,850,155 1,724,460 14,574,615

17-545

      Restricted Receipts 1,111,416 1,010 1,112,426

17-546

      HRIC Adult Education Grants 5,795,000 (2,295,000) 3,500,000

17-547

      Statewide Transportation – RIPTA Grant 0 47,000 47,000

17-548

      Rhode Island Capital Plan Funds

17-549

      Chariho Career and Technical 400,000 0 400,000

17-550

      Cranston Career and Technical 890,000 (828,000) 62,000

17-551

      Newport Career and Technical 800,000 142,962 942,962

17-552

      Warwick Career and Technical 200,000 258,036 458,036

17-553

      Woonsocket Career and Technical 475,788 0 475,788

17-554

      East Providence Career and Technical 150,000 697,834 847,834

17-555

      Total – Administration of the Comprehensive

17-556

      Education Strategy 257,830,174 14,681,843 272,512,017

17-557

     Davies Career and Technical School

17-558

      General Revenues 13,416,256 0 13,416,256

17-559

      Federal Funds 1,439,216 (14,091) 1,425,125

17-560

      Federal Funds – Stimulus 1,003,933 184,292 1,188,225

17-561

      Restricted Receipts 685,495 280,000 965,495

17-562

      Rhode Island Capital Plan Funds

17-563

      Davies Roof Repair 387,275 1,136,440 1,523,715

17-564

      Davies HVAC 414,628 3,597 418,225

17-565

      Davies Asset Protection 425,000 23,421 448,421

17-566

      Total - Davies Career and Technical School 17,771,803 1,613,659 19,385,462

17-567

     RI School for the Deaf

17-568

      General Revenues 5,889,334 (21,456) 5,867,878

17-569

      Federal Funds 275,393 119,384 394,777

17-570

      Federal Funds – Stimulus 0 409,501 409,501

17-571

      Restricted Receipts 651,482 (142,320) 509,162

17-572

      Total - RI School for the Deaf 6,816,209 365,109 7,181,318

17-573

     Metropolitan Career and Technical School

17-574

      General Revenues 11,642,563 0 11,642,563

18-575

      Rhode Island Capital Plan Funds

18-576

      MET School East Bay 2,000,000 507,278 2,507,278

18-577

      Total – Metropolitan Career and

18-578

     Technical School 13,642,563 507,278 14,149,841

18-579

     Education Aid

18-580

      General Revenues 621,639,790 25,698 621,665,488

18-581

      Federal Funds – Stimulus 3,515,045 (1,051,117) 2,463,928

18-582

      Restricted Receipts 18,091,028 548,325 18,639,353

18-583

      Permanent School Fund – Education Aid 0 183,624 183,624

18-584

      Total – Education Aid 643,245,863 (293,470) 642,952,393

18-585

     Central Falls School District

18-586

      General Revenues 39,161,820 0 39,161,820

18-587

      Federal Funds – Stimulus 1,089,396 (1,089,396) 0

18-588

      Permanent School Fund – Central Falls 183,624 (183,624) 0

18-589

      Total – Central Falls School District 40,434,840 (1,273,020) 39,161,820

18-590

     Housing Aid General Revenues 72,507,180 (2,858,858) 69,648,322

18-591

     Teachers' Retirement General Revenues 81,635,719 2,477,488 84,113,207

18-592

      Grand Total - Elementary and Secondary

18-593

      Education 1,133,884,351 15,220,029 1,149,104,380

18-594

     Public Higher Education

18-595

     Board of Governors/Office of Higher Education

18-596

      General Revenues 6,141,012 (7,774) 6,133,238

18-597

      Federal Funds 4,588,294 703,480 5,291,774

18-598

      Total - Board of Governors/Office of

18-599

      Higher Education 10,729,306 695,706 11,425,012

18-600

     University of Rhode Island

18-601

      General Revenues 57,773,316 (134,880) 57,638,436

18-602

      State Crime Lab 775,000 71,885 846,885

18-603

      Debt Service 15,164,218 931,528 16,095,746

18-604

      Stabilization Funds – Fire Safety 0 7,192,682 7,192,682

18-605

      Federal Funds- Stimulus Byrne Grant Crime Lab 6,462 (6,462) 0

18-606

     University and College Funds 586,841,049 3,717,536 590,558,585

18-607

      Debt – Dining Services 1,144,008 0 1,144,008

18-608

      Debt – Education and General 3,292,622 (29,673) 3,262,949

19-609

      Debt – Health Services 150,299 0 150,299

19-610

      Debt – Housing Loan Funds 8,462,539 0 8,462,539

19-611

      Debt – Memorial Union 121,827 0 121,827

19-612

      Debt – Ryan Center 2,800,626 0 2,800,626

19-613

      Debt – Alton Jones Services 115,886 0 115,886

19-614

      Debt - Parking Authority 1,018,369 0 1,018,369

19-615

      Debt – Sponsored Research 102,388 0 102,388

19-616

      Debt – URI Energy Conservation 1,932,338 0 1,932,338

19-617

      Rhode Island Capital Plan Funds

19-618

      Asset Protection 7,042,364 0 7,042,364

19-619

      New Chemistry Building 1,000,000 377,872 1,377,872

19-620

      Nursing and Assoc. Health Building 0 18,967 18,967

19-621

      URI Biotechnology Center 4,500,000 279,834 4,779,834

19-622

      Fine Arts Center Renovation 400,000 0 400,000

19-623

      Total – University of Rhode Island 692,643,311 12,419,289 705,062,600

19-624

     Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or

19-625

unencumbered balances as of June 30, 2012 relating to the University of Rhode Island are hereby

19-626

reappropriated to fiscal year 2013.

19-627

     Rhode Island College

19-628

      General Revenues 38,359,719 (120,112) 38,239,607

19-629

      Debt Service 1,978,374 (1,437,055) 541,319

19-630

      Stabilization Funds – Fire Safety 0 7,029,104 7,029,104

19-631

      University and College Funds 107,550,237 3,354,270 110,904,507

19-632

      Debt – Education and General 890,878 0 890,878

19-633

      Debt – Housing 413,346 1,623,984 2,037,330

19-634

      Debt – Student Center and Dining 172,960 0 172,960

19-635

      Debt – Student Union 231,531 0 231,531

19-636

      Debt – G.O. Debt Service 1,623,984 1,615,685 3,239,669

19-637

      Rhode Island Capital Plan Funds

19-638

      Asset Protection 3,011,160 1,553,374 4,564,534

19-639

      New Art Center Advanced 1,300,000 363,978 1,663,978

19-640

      Total – Rhode Island College 155,532,189 13,983,228 169,515,417

19-641

     Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or

19-642

unencumbered balances as of June 30, 2012 relating to Rhode Island College are hereby

19-643

reappropriated to fiscal year 2013.

20-1

     Community College of Rhode Island

20-2

      General Revenues 44,619,462 (136,805) 44,482,657

20-3

      Debt Service 1,676,118 0 1,676,118

20-4

      Stabilization Funds – Fire Safety 0 4,993,701 4,993,701

20-5

      Restricted Receipts 941,338 (123,991) 817,347

20-6

      University and College Funds 88,671,187 1,205,456 89,876,643

20-7

      Debt – Bookstore 24,830 0 24,830

20-8

      CCRI Debt Service – Energy Conservation 0 557,644 557,644

20-9

      Rhode Island Capital Plan Funds

20-10

      Asset Protection 2,007,101 55,039 2,062,140

20-11

      Fire Code and HVAC 0 749,065 749,065

20-12

      Total – Community College of RI 137,940,036 7,300,109 145,240,145

20-13

     Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or

20-14

unencumbered balances as of June 30, 2012 relating to the Community College of Rhode Island

20-15

are hereby reappropriated to fiscal year 2013.

20-16

      Grand Total – Public Higher Education 996,844,842 34,398,332 1,031,243,174

20-17

     RI State Council on the Arts

20-18

      General Revenues

20-19

      Operating Support 716,635 (7,616) 709,019

20-20

      Grants 962,227 (6,412) 955,815

20-21

      Federal Funds 973,064 6,509 979,573

20-22

      Arts for Public Facilities 435,000 783,000 1,218,000

20-23

      Grand Total - RI State Council on the Arts 3,086,926 775,481 3,862,407

20-24

     RI Atomic Energy Commission

20-25

      General Revenues 879,592 (2,133) 877,459

20-26

      Federal Funds 324,104 (140,352) 183,752

20-27

      URI Sponsored Research 257,830 12,860 270,690

20-28

      Rhode Island Capital Plan Funds

20-29

      RINSC Asset Protection 50,000 12,486 62,486

20-30

      Grand Total - RI Atomic Energy Commission 1,511,526 (117,139) 1,394,387

20-31

     RI Higher Education Assistance Authority

20-32

      General Revenues

20-33

      Needs Based Grants and Work Opportunities 5,014,003 253,864 5,267,867

21-34

      Authority Operations and Other Grants 899,101 (255,170) 643,931

21-35

      Federal Funds 13,508,323 (473,604) 13,034,719

21-36

      Tuition Savings Pgm. – Needs Based Grants 7,990,720 983,453 8,974,173

21-37

      Grand Total – RI Higher Education Assistance

21-38

      Authority 27,412,147 508,543 27,920,690

21-39

     RI Historical Preservation and Heritage Commission

21-40

      General Revenues 1,469,797 (131,942) 1,337,855

21-41

      Federal Funds 846,195 27,661 873,856

21-42

      Restricted Receipts 478,181 (21,004) 457,177

21-43

      Other Funds 75,000 0 75,000

21-44

      Grand Total – RI Historical Preservation

21-45

      and Heritage Commission 2,869,173 (125,285) 2,743,888

21-46

     RI Public Telecommunications Authority

21-47

      General Revenues 947,960 (19,539) 928,421

21-48

      Corporation for Public Broadcasting 683,212 (47,297) 635,915

21-49

      Grand Total – RI Public Telecommunications

21-50

      Authority 1,631,172 (66,836) 1,564,336

21-51

     Attorney General

21-52

     Criminal

21-53

      General Revenues 13,739,364 (158,938) 13,580,426

21-54

      Federal Funds 2,870,904 (309,233) 2,561,671

21-55

      Federal Funds – Stimulus 0 253,281 253,281

21-56

      Restricted Receipts 398,888 (20,862) 378,026

21-57

      Total – Criminal 17,009,156 (235,752) 16,773,404

21-58

     Civil

21-59

      General Revenues 4,692,836 173,421 4,866,257

21-60

      Restricted Receipts 723,347 246,027 969,374

21-61

      Total – Civil 5,416,183 419,448 5,835,631

21-62

     Bureau of Criminal Identification

21-63

      General Revenues 1,101,532 76,472 1,178,004

21-64

      Federal Funds 25,040 66,190 91,230

21-65

      Total - Bureau of Criminal Identification 1,126,572 142,662 1,269,234

21-66

     General

21-67

      General Revenues 2,909,135 (279,005) 2,630,130

22-68

      Rhode Island Capital Plan Funds

22-69

      Building Renovations and Repairs 250,000 (30,000) 220,000

22-70

      Total – General 3,159,135 (309,005) 2,850,130

22-71

      Grand Total - Attorney General 26,711,046 17,353 26,728,399

22-72

     Corrections

22-73

     Central Management

22-74

      General Revenues 8,596,603 68,653 8,665,256

22-75

      Federal Funds 0 27,368 27,368

22-76

      Federal Funds – Stimulus 0 105,529 105,529

22-77

      Total – Central Management 8,596,603 201,550 8,798,153

22-78

     Parole Board

22-79

      General Revenues 1,365,771 (60,497) 1,305,274

22-80

      Federal Funds 36,850 (791) 36,059

22-81

      Total - Parole Board 1,402,621 (61,288) 1,341,333

22-82

     Institutional Corrections

22-83

      General Revenues 157,573,034 3,876,791 161,449,825

22-84

      Federal Funds 1,911,173 120,879 2,032,052

22-85

      Federal Funds – Stimulus 408,000 38,310 446,310

22-86

      Restricted Receipts 0 69,203 69,203

22-87

      Rhode Island Capital Plan Funds

22-88

      Women's Bathroom Renovations 410,800 6,929 417,729

22-89

      Asset Protection 4,250,000 (2,029,094) 2,220,906

22-90

      Maximum – General Renovations 625,000 (255,520) 369,480

22-91

      General Renovations - Women 1,774,517 (982,712) 791,805

22-92

      Bernadette Guay Roof 0 214,335 214,335

22-93

      Reintegration Center 0 533,027 533,027

22-94

      ISC Exterior Envelope and HVAC 1,400,000 (1,400,000) 0

22-95

      Minimum Security Kitchen Expansion 325,000 (215,600) 109,400

22-96

      Medium Infrastructure 1,500,000 (1,500,000) 0

22-97

      Total - Institutional Corrections 170,177,524 (1,523,452) 168,654,072

22-98

     Community Corrections

22-99

      General Revenues 14,605,957 (27,005) 14,578,952

22-100

      Federal Funds 558,522 (1,433) 557,089

22-101

      Restricted Receipts 34,371 762 35,133

23-102

      Total – Community Corrections 15,198,850 (27,676) 15,171,174

23-103

      Grand Total – Corrections 195,375,598 (1,410,866) 193,964,732

23-104

     Judiciary

23-105

     Supreme Court

23-106

      General Revenues 26,325,441 (122,220) 26,203,221

23-107

      Defense of Indigents 3,562,240 (19,682) 3,542,558

23-108

      Federal Funds 341,723 160,195 501,918

23-109

      Federal Funds – Stimulus 0 16,639 16,639

23-110

      Restricted Receipts 1,359,947 100,136 1,460,083

23-111

      Rhode Island Capital Plan Funds

23-112

      Judicial HVAC 500,000 6,953 506,953

23-113

      Judicial Complexes Asset Protection 600,000 14,130 614,130

23-114

      Total - Supreme Court 32,689,351 156,151 32,845,502

23-115

     Judicial Tenure and Discipline General Revenues 111,282 (5,752) 105,530

23-116

     Superior Court

23-117

      General Revenues 20,865,210 495,028 21,360,238

23-118

      Federal Funds 72,985 92,037 165,022

23-119

      Restricted Receipts 498,996 9,515 508,511

23-120

      Total - Superior Court 21,437,191 596,580 22,033,771

23-121

     Family Court

23-122

      General Revenues 17,533,090 (385,235) 17,147,855

23-123

      Federal Funds 2,974,141 (635,209) 2,338,932

23-124

      Federal Funds – Stimulus 57,611 (57,611) 0

23-125

      Restricted Receipts 252,350 429,543 681,893

23-126

      Total - Family Court 20,817,192 (648,512) 20,168,680

23-127

     District Court

23-128

      General Revenues 10,924,545 383,879 11,308,424

23-129

      Federal Funds 130,128 0 130,128

23-130

      Restricted Receipts 332,092 (48,788) 283,304

23-131

      Total - District Court 11,386,765 335,091 11,721,856

23-132

     Traffic Tribunal General Revenues 7,752,175 439,898 8,192,073

23-133

     Workers' Compensation Court Restricted Receipts 7,754,978 (58,814) 7,696,164

23-134

      Grand Total – Judiciary 101,948,934 814,642 102,763,576

23-135

     Military Staff

24-136

     National Guard

24-137

      General Revenues 1,446,301 (32,578) 1,413,723

24-138

      Federal Funds 11,675,448 (59,458) 11,615,990

24-139

      Restricted Receipts 235,000 65,000 300,000

24-140

      Rhode Island Capital Plan Funds

24-141

      Armory of Mounted Command Roof

24-142

     Replacement 750,000 (406,518) 343,482

24-143

      State Armories Fire Code Compliance 170,000 0 170,000

24-144

      Federal Armories Fire Code Compliance 53,750 0 53,750

24-145

      Asset Protection 400,000 0 400,000

24-146

      Logistics/Maintenance Facilities Fire Code Comp. 71,813 (21,813) 50,000

24-147

      FMS #3 Roof 0 15,000 15,000

24-148

      Command Readiness Center Addition 50,000 0 50,000

24-149

      Emergency Management Building 125,000 (125,000) 0

24-150

      Total - National Guard 14,977,312 (565,367) 14,411,945

24-151

     Emergency Management

24-152

      General Revenues 2,024,627 148,522 2,173,149

24-153

      Federal Funds 17,742,990 13,502,095 31,245,085

24-154

      Restricted Receipts 374,311 (204,281) 170,030

24-155

      Total - Emergency Management 20,141,928 13,446,336 33,588,264

24-156

      Grand Total - Military Staff 35,119,240 12,880,969 48,000,209

24-157

     Public Safety

24-158

     Central Management

24-159

      General Revenues 780,113 283,723 1,063,836

24-160

      Federal Funds 4,122,042 (28,643) 4,093,399

24-161

      Federal Funds – Stimulus 266,476 523,204 789,680

24-162

      Restricted Receipts 850 0 850

24-163

      Total – Central Management 5,169,481 778,284 5,947,765

24-164

     E-911 Emergency Telephone System

24-165

      General Revenues 4,772,358 158,528 4,930,886

24-166

      Federal Funds 0 150,000 150,000

24-167

      Total – E-911 Emergency Telephone System 4,772,358 308,528 5,080,886

24-168

     State Fire Marshal

24-169

      General Revenues 2,568,574 74,640 2,643,214

25-170

      Federal Funds 450,050 340,601 790,651

25-171

      Restricted Receipts 280,899 (31,662) 249,237

25-172

      Rhode Island Capital Plan Funds

25-173

      Fire Academy 1,325,000 (1,325,000) 0

25-174

      Quonset Development Corp 64,261 (12,004) 52,257

25-175

      Total - State Fire Marshal 4,688,784 (953,425) 3,735,359

25-176

     Security Services General Revenues 19,963,594 (199,948) 19,763,646

25-177

     Municipal Police Training Academy

25-178

      General Revenues 352,118 646 352,764

25-179

      Federal Funds 221,319 432 221,751

25-180

      Federal Funds – Stimulus 86,061 2,190 88,251

25-181

      Total - Municipal Police Training Academy 659,498 3,268 662,766

25-182

     State Police

25-183

      General Revenues 60,970,954 1,844,527 62,815,481

25-184

      Federal Funds 2,356,399 596,356 2,952,755

25-185

      Federal Funds – Stimulus 145,641 13,653 159,294

25-186

      Restricted Receipts 54,000 296,000 350,000

25-187

      Rhode Island Capital Plan Funds

25-188

      Barracks and Training 1,025,000 (925,000) 100,000

25-189

      State Police - New Headquarters 0 51,787 51,787

25-190

      Headquarters Repairs/Rehabilitation 200,000 (85,000) 115,000

25-191

      State Microwave Upgrade 1,000,000 (312,062) 687,938

25-192

      HQ Expansion 300,000 (250,000) 50,000

25-193

      State Police Offsite Operations 0 131,974 131,974

25-194

      Traffic Enforcement - Municipal Training 133,842 67,253 201,095

25-195

      Lottery Commission Assistance 232,363 (759) 231,604

25-196

      Airport Corporation 232,363 (759) 231,604

25-197

      Road Construction Reimbursement 2,546,100 508,900 3,055,000

25-198

      Total - State Police 69,196,662 1,936,870 71,133,532

25-199

      Grand Total – Public Safety 104,450,377 1,873,577 106,323,954

25-200

     Office of Public Defender

25-201

      General Revenues 10,300,580 (12,366) 10,288,214

25-202

      Federal Funds 575,478 (51,120) 524,358

25-203

      Federal Funds – Stimulus 883 (883) 0

26-204

      Grand Total - Office of Public Defender 10,876,941 (64,369) 10,812,572

26-205

     Environmental Management

26-206

     Office of the Director

26-207

      General Revenues 4,775,428 (173,508) 4,601,920

26-208

      Federal Funds 476,300 22,200 498,500

26-209

      Federal Funds – Stimulus 0 1,650,000 1,650,000

26-210

      Restricted Receipts 2,833,219 151,725 2,984,944

26-211

      Total – Office of the Director 8,084,947 1,650,417 9,735,364

26-212

     Natural Resources

26-213

      General Revenues 18,508,312 187,199 18,695,511

26-214

      Federal Funds 24,455,444 1,281,992 25,737,436

26-215

      Restricted Receipts 3,779,269 (366,421) 3,412,848

26-216

      DOT Recreational Projects 80,672 350,814 431,486

26-217

      Blackstone Bike Path Design 36,270 2,027,458 2,063,728

26-218

      Transportation MOU 82,172 (892) 81,280

26-219

      Rhode Island Capital Plan Funds

26-220

      Dam Repair 850,000 (250,000) 600,000

26-221

      Recreational Facilities Improvements 1,750,000 1,228,642 2,978,642

26-222

      Fort Adams Rehabilitation 1,500,000 (1,021,176) 478,824

26-223

      Fort Adams America’s Cup 0 1,250,000 1,250,000

26-224

      Galilee Piers Upgrade 950,000 (940,000) 10,000

26-225

      Newport Piers 250,000 (175,000) 75,000

26-226

      Blackstone Valley Bike Path 500,000 (100,000) 400,000

26-227

     World War II Facility 0 400,000 400,000

26-228

      Total - Natural Resources 52,742,139 3,872,616 56,614,755

26-229

     Environmental Protection

26-230

      General Revenues 12,099,861 188,488 12,288,349

26-231

      Federal Funds 12,576,798 713,323 13,290,121

26-232

      Federal Funds – Stimulus 848,000 1,304,132 2,152,132

26-233

      Restricted Receipts 7,518,547 (233,820) 7,284,727

26-234

      Transportation MOU 90,107 (137) 89,970

26-235

      Retrofit Heavy-Duty Diesel Vehicles 3,560,000 (800,000) 2,760,000

26-236

      Total - Environmental Protection 36,693,313 1,171,986 37,865,299

26-237

      Grand Total - Environmental

27-238

     Management 97,520,399 6,695,019 104,215,418

27-239

     Coastal Resources Management Council

27-240

      General Revenues 2,236,814 2,333 2,239,147

27-241

      Federal Funds 1,837,361 558,201 2,395,562

27-242

      Federal Funds – Stimulus 201,100 1,969,540 2,170,640

27-243

      Restricted Receipts 250,000 0 250,000

27-244

      Rhode Island Capital Plan Funds

27-245

      South Coast Restoration Project 729,100 (62,782) 666,318

27-246

      Grand Total - Coastal Resources

27-247

     Management. Council 5,254,375 2,467,292 7,721,667

27-248

     Transportation

27-249

     Central Management

27-250

      Federal Funds 11,394,390 (1,878,912) 9,515,478

27-251

      Other Funds

27-252

      Gasoline Tax 1,108,923 172,775 1,281,698

27-253

      Total - Central Management 12,503,313 (1,706,137) 10,797,176

27-254

     Management and Budget

27-255

      Other Funds

27-256

      Gasoline Tax 1,176,686 334,293 1,510,979

27-257

      Total - Management and Budget 1,176,686 334,293 1,510,979

27-258

     Infrastructure Engineering- GARVEE/Motor Fuel Tax Bonds

27-259

      Federal Funds 291,594,814 25,964,209 317,559,023

27-260

      Federal Funds – Stimulus 7,006,375 4,376,302 11,382,677

27-261

      Restricted Receipts 1,000,000 1,698,891 2,698,891

27-262

      Other Funds

27-263

      Gasoline Tax 52,273,807 1,523,149 53,796,956

27-264

      Motor Fuel Tax Residuals 0 2,980,993 2,980,993

27-265

      Land Sale Revenue 16,603,398 (14,608,249) 1,995,149

27-266

      Rhode Island Capital Funds

27-267

      RIPTA - Land and Buildings 70,000 0 70,000

27-268

      Pawtucket-Central Falls Train Station 0 40,267 40,267

27-269

      Total - Infrastructure Engineering – GARVEE/Motor

27-270

     Fuel Tax Bonds 368,548,394 21,975,562 390,523,956

27-271

     Infrastructure Maintenance

28-272

      Other Funds

28-273

      Gasoline Tax 41,451,540 (5,619,333) 35,832,207

28-274

      Non-Land Surplus Property 10,000 0 10,000

28-275

      Outdoor Advertising 100,000 0 100,000

28-276

      Rhode Island Capital Plan Funds

28-277

      Cherry Hill/Lincoln Facility 337,000 0 337,000

28-278

      Maintenance Facility Improvements 300,000 632,112 932,112

28-279

      East Providence Facility 0 23,103 23,103

28-280

      Maintenance Facilities – Fire Alarms 125,000 75,000 200,000

28-281

      Portsmouth Facility 1,435,000 (1,435,000) 0

28-282

      Salt Storage Facilities 1,000,000 385,937 1,385,937

28-283

      Elmwood Expansion 0 159,018 159,018

28-284

      Total - Infrastructure Maintenance 44,758,540 (5,779,163) 38,979,377

28-285

      Grand Total – Transportation 426,986,933 14,824,555 441,811,488

28-286

     Statewide Totals

28-287

      General Revenues 3,142,501,188 (3,215,653) 3,139,285,535

28-288

      Federal Funds 2,606,487,980 231,070,028 2,837,558,008

28-289

      Restricted Receipts 189,639,221 39,741,997 229,381,218

28-290

      Other Funds 1,763,594,386 149,214,159 1,912,808,545

28-291

      Statewide Grand Total 7,702,222,775 416,810,531 8,119,033,306

28-292

     SECTION 2. Each line appearing in Section 1 of this article shall constitute an

28-293

appropriation.

28-294

     SECTION 3. The general assembly authorizes the state controller to establish the internal

28-295

service accounts shown below, and no other, to finance and account for the operations of state

28-296

agencies that provide services to other agencies, institutions and other governmental units on a

28-297

cost reimbursed basis. The purpose of these accounts is to ensure that certain activities are

28-298

managed in a businesslike manner, promote efficient use of services by making agencies pay the

28-299

full costs associated with providing the services, and allocate the costs of central administrative

28-300

services across all fund types, so that federal and other non-general fund programs share in the

28-301

costs of general government support. The controller is authorized to reimburse these accounts for

28-302

the cost of work or services performed for any other department or agency subject to the

28-303

following expenditure limitations:

28-304

      FY 2012 FY 2012 FY 2012

28-305

     Account Enacted Change Final

29-306

     State Assessed Fringe Benefit Internal Service Fund 31,054,962 328,517 31,383,479

29-307

     Administration Central Utilities Internal Service Fund 20,244,491 (57,299) 20,187,192

29-308

     State Central Mail Internal Service Fund 5,585,439 8,624 5,594,063

29-309

     State Telecommunications Internal Service Fund 2,882,141 (11,785) 2,870,356

29-310

     State Automotive Fleet - Internal Service Fund 13,926,504 14,750 13,941,254

29-311

     Capital Police Internal Service Fund 739,072 11,395 750,467

29-312

     Surplus Property Internal Service Fund 2,500 0 2,500

29-313

     Health Insurance Internal Service Fund 306,399,745 (2,168,141) 304,231,604

29-314

     Health Insurance - State Police Internal Service Fund 0 2,123,495 2,123,495

29-315

     Central Distribution Center Internal Service Fund 6,804,849 629,840 7,434,689

29-316

     Correctional Industries Internal Service Fund 7,285,903 (161,616) 7,124,287

29-317

     Secretary of State Record Center Internal Service Fund 866,270 (13,903) 852,367

29-318

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

29-319

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

29-320

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

29-321

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

29-322

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

29-323

individuals engaged in training, the completion of which is a prerequisite of employment.

29-324

Provided, however, that the Governor or designee, Speaker of the House of Representatives or

29-325

designee, and President of the Senate or designee may authorize an adjustment to any limitation.

29-326

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

29-327

to the Governor, the Speaker of the House, and the President of the Senate. A copy of the

29-328

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

29-329

Finance Committee, the chairperson of the Senate Finance Committee, the House Fiscal Advisor

29-330

and the Senate Fiscal Advisor.

29-331

     No agency or department may employ contracted employees or employee services where

29-332

contract employees would work under state employee supervisors without determination of need

29-333

by the Director of Administration acting upon positive recommendations of the Budget Officer

29-334

and the Personnel Administrator and 15 days after a public hearing.

29-335

     Nor may any agency or department contract for services replacing work done by state

29-336

employees at that time without determination of need by the Director of Administration acting

29-337

upon the positive recommendations of the Budget Officer and the Personnel Administrator and 30

29-338

days after a public hearing.

29-339

     State employees whose funding is from non-state general revenue funds that are time

29-340

limited shall receive limited term appointment with the term limited to the availability of non-

30-1

state general revenue funding source.

30-2

     FY 2012 FTE POSITION AUTHORIZATION

30-3

     Departments and Agencies Full-Time Equivalent

30-4

     Administration 694.6 694.2

30-5

     Business Regulation 96.0

30-6

     Labor and Training 470.2 470.1

30-7

     Revenue 434.5 449.0

30-8

     Legislature 298.5

30-9

     Office of the Lieutenant Governor 8.0

30-10

     Office of the Secretary of State 57.0

30-11

     Office of the General Treasurer 82.0

30-12

     Board of Elections 12.0 11.0

30-13

     Rhode Island Ethics Commission 12.0

30-14

     Office of the Governor 45.0

30-15

     Commission for Human Rights 14.5

30-16

     Public Utilities Commission 46.0

30-17

     Office of Health and Human Services 149.0 158.0

30-18

     Children, Youth, and Families 662.5

30-19

     Health 426.3 422.3

30-20

     Human Services 984.2 949.2

30-21

     Behavioral Health, Developmental Disabilities, and Hospitals 1,378.2 1,383.2

30-22

     Office of the Child Advocate 5.8

30-23

     Commission on the Deaf and Hard of Hearing 3.0

30-24

     Governor's Commission on Disabilities 4.0

30-25

     Office of the Mental Health Advocate 3.7

30-26

     Elementary and Secondary Education 156.4 169.4

30-27

     School for the Deaf 60.0

30-28

     Davies Career and Technical School 132.0 126.0

30-29

     Office of Higher Education 14.4 14.8

30-30

     Provided that 1.0 of the total authorization would be available only for positions that are

30-31

supported by third-party funds.

30-32

     University of Rhode Island 2,436.5

30-33

     Provided that 593.2 of the total authorization would be available only for positions that

30-34

are supported by third-party funds.

31-1

     Rhode Island College 909.6

31-2

     Provided that 82.0 of the total authorization would be available only for positions that are

31-3

supported by third-party funds.

31-4

     Community College of Rhode Island 854.1

31-5

     Provided that 100.0 of the total authorization would be available only for positions that

31-6

are supported by third-party funds.

31-7

     Rhode Island State Council on the Arts 8.6

31-8

     RI Atomic Energy Commission 8.6

31-9

     Higher Education Assistance Authority 41.6

31-10

     Historical Preservation and Heritage Commission 16.6

31-11

     Public Telecommunications Authority 15.0

31-12

     Office of the Attorney General 231.1 233.1

31-13

     Corrections 1,419.0

31-14

     Judicial 723.3

31-15

     Military Staff 117.0 113.0

31-16

     Public Safety 605.8 606.2

31-17

     Office of the Public Defender 93.0 92.0

31-18

     Environmental Management 410.0

31-19

     Coastal Resources Management Council 30.0

31-20

     Transportation 772.6

31-21

     Total 14,942.2 14,935.0

31-22

     SECTION 5. This article shall take effect upon passage.

=======

art.011/3/019/2/032/1

=======

1-1

ARTICLE 11

1-2

RELATING TO MEDICAL ASSISTANCE RECOVERIES

1-3

     SECTION 1. Title 27 of the General Laws entitled “INSURANCE” is hereby amended

1-4

by adding thereto the following chapter:

1-5

     CHAPTER 57.1

1-6

     MEDICAL ASSISTANCE INTERCEPT ACT

1-7

     27-57.1-1. Interception of insurance payments.-- (a) Every domestic insurer or

1-8

insurance company authorized to issue policies of liability insurance pursuant to this title, and

1-9

also any workers' compensation insurer, within thirty (30) days prior to the making of any

1-10

payment equal to or in excess of five hundred dollars ($500) to any claimant who is a resident of

1-11

the state of Rhode Island or to any claimant who has an accident or loss that occurred in the state

1-12

of Rhode Island, for third party for personal injury or workers' compensation benefits under a

1-13

contract of insurance, shall review information provided by the executive office of health and

1-14

human services pursuant to section, indicating whether the claimant has received medical

1-15

assistance in accordance with chapter 40-8.

1-16

     (b) If the insurer determines from the information provided by the executive office of

1-17

health and human services pursuant to section 27-57.1-4 that the claimant or payee has not

1-18

received medical assistance, the insurer may make the payment to the claimant in accordance

1-19

with the contract of the insurance.

1-20

     (c) If the insurer determines from the information provided by the executive office of

1-21

health and human services pursuant to section 27-57.1-4 that the claimant or payee has received

1-22

medical assistance, the insurer shall, except to the extent payments are subject to liens, written

1-23

notices, or interests described in section 27-57.1-3, withhold from payment the amount to the

1-24

extent of the distribution for medical assistance as a result of the accident or loss, dating back to

1-25

the date of the incident, pay that amount to the executive office of health and human services and

1-26

the insurer shall pay the balance to the claimant or other person entitled to it. The executive office

1-27

of health and human services shall provide written notice to the claimant and his or her attorney,

1-28

if any. The notice shall reflect the date, name, social security number, case number, amount of the

1-29

payment being withheld to reimburse the state, reason for payment and opportunity to request a

1-30

hearing as provided for in subsection 27-57.1(e). Any insurer or insurance company, its directors,

1-31

agents, and employees and central reporting organizations and their respective employees

2-1

authorized by an insurer to act on its behalf who release information in accordance with the

2-2

provisions of this chapter, or who withhold amounts from payment based upon the latest

2-3

information supplied by the executive office of health and human services pursuant to section 27-

2-4

57.1-4 and disburses disbursements in accordance with section 27-57.1-3, shall be in compliance

2-5

and shall be immune from any liability to the claimant, payee lien holder, payee who provided

2-6

written notice, or security interest holder. Any withholding from payments in accordance with

2-7

this chapter and payment made to the executive office of health and human services is further

2-8

subject to the provisions of section 40-6-9, regarding rights of assignment and subrogation by

2-9

medical assistance recipients. Said payments to the executive office of health and human services

2-10

shall be for reimbursement of distributed medical assistance incurred as a result of the accident or

2-11

loss, dating back to the date of the incident.

2-12

     (d) Workers’ compensation claimants who receive medical assistance, provided in

2-13

accordance with chapter 40-8, shall be subject to the provisions of this chapter. However, the

2-14

workers’ compensation reimbursement payments made to the executive office of health and

2-15

human services in accordance with this chapter shall be limited to that set forth in chapter 28-33

2-16

and section 40-6-10.

2-17

     (e) Any claimant aggrieved by any action taken under this section may within thirty (30)

2-18

days of the making of the notice to the claimant in subsection (c) of this section, request a hearing

2-19

from the executive office of health and human services. Any payments made by an insurer

2-20

pursuant to this chapter shall be made to the executive office of health and human services,

2-21

should there be no request for a hearing within thirty (30) days of receipt of notice, or within ten

2-22

(10) business days of a decision after a hearing and in accordance with the decision of any

2-23

hearing that takes place as provided for in this subsection.

2-24

     27-57-1-2. Notice provided to obligors of interception of insurance settlements.-- In

2-25

any case where the executive office of health and human services has intercepted an insurance

2-26

payment, that office shall notify the recipient.

2-27

     27-57.1-3. Certain liens not affected. -- Nothing in this chapter affects the validity or

2-28

priority of liens or written notices of health care providers, attorney fees, holders of security

2-29

interests, or the assignment of rights under section 40-6-9 which may exist. Funds subject to liens,

2-30

written notices, or security interests shall be paid to the lien or interest holder. Funds available to

2-31

be paid pursuant to chapter 27-57 for the payment of child support shall supersede any payment

2-32

made pursuant to this chapter.

2-33

     27-57.1-4. Information to be provided by the executive office of health and human

2-34

services.-- (a) The executive office of health and human services shall periodically within each

3-1

year furnish the insurance companies and insurers subject to this section with a list or compilation

3-2

of claimants, who have received medical assistance, as a result of the accident or loss which is the

3-3

basis of the claim and who have been identified and matched through the centralized database

3-4

provided for in this chapter. The information provided to the insurance companies and insurers

3-5

shall be the names of individuals, with last known addresses, who as of the date of the list or

3-6

compilation have received medical assistance in excess of five hundred dollars ($500).

3-7

     (b) In order to facilitate the efficient and prompt reporting of those medical assistance

3-8

recipients in one centralized location, it is the duty and responsibility of the insurance companies

3-9

doing business in the state to utilize one centralized database, to which the executive office of

3-10

health and human services shall report and administer. Any insurer receiving information

3-11

identifying an individual as a medical assistance recipient shall maintain the confidentiality of

3-12

that information. Minimal data elements shall be shared with an agency contracted by the

3-13

executive office of health and human services which maintains a centralized database of

3-14

insurance claims. The contracted centralized database is required to keep confidential any

3-15

personal and personnel information; records sufficient to identify an applicant for or recipient of

3-16

medical assistance; preliminary drafts, notes, impressions, memoranda, working papers, and work

3-17

products; as well as any other records, reports, opinions, information, and statements deemed

3-18

confidential pursuant state or federal law or regulation, or rule of court. That data shall not be

3-19

disclosed to the insurer. Matched results are returned to the executive office of health and human

3-20

services through its contracted agency. Proper quality assurance shall be performed by the

3-21

contracted agency to insure the claim is open and collect additional information from the insurer

3-22

including but not limited to contact information.

3-23

     SECTION 2. Sections 27-57-1, 27-57-2 and 27-57-4 of the General Laws in Chapter 27-

3-24

57 entitled "Child Support Intercept Act" are hereby amended to read as follows:

3-25

     27-57-1. Interception of insurance payments. -- (a) Every domestic insurer or

3-26

insurance company authorized to issue policies of liability insurance pursuant to this title, and

3-27

also any workers' compensation insurer, shall, within thirty (30) days prior to the making of any

3-28

payment equal to or in excess of three thousand dollars ($3,000) five hundred dollars ($500) to

3-29

any claimant who is a resident of the state of Rhode Island or to any claimant who has an accident

3-30

or loss that occurred in the state of Rhode Island, for third party for personal injury or workers'

3-31

compensation benefits under a contract of insurance, review information provided by the

3-32

department of administration, division of taxation, human service, office of child support

3-33

services, child support enforcement pursuant to section 27-57-4 indicating whether the claimant

3-34

owes past-due child support.

4-1

      (b) If the insurer determines from the information provided by the department pursuant

4-2

to section 27-57-4 that the claimant or payee does not owe past-due support, the insurer may

4-3

make the payment to the claimant in accordance with the contract of the insurance.

4-4

      (c) If the insurer determines from the information provided by the department pursuant

4-5

to section 27-57-4 that the claimant or payee owes past-due child support, the insurer shall,

4-6

except to the extent payments are subject to liens, written notices, or interests described in section

4-7

27-57-3, withhold from payment the amount of past-due support and pay that amount to the

4-8

family court which shall credit the person's child support obligation account for the amount so

4-9

paid, and the insurer shall pay the balance to the claimant or other person entitled to it; provided,

4-10

that the . The insurer or insurance company shall provide written notice by regular mail to the

4-11

claimant and his or her attorney, if any, and notice by e-mail or other electronic means, to the

4-12

department of the payment to the family court. The payment shall be deposited in the registry of

4-13

the family court for a period of forty-five (45) days, or if an application for review has been filed

4-14

pursuant to subsection (d), until further order of the court. The notice shall reflect the date, name,

4-15

social security number, case number, and amount of the payment. Any insurer or insurance

4-16

company, its directors, agents, and employees and central reporting organizations and their

4-17

respective employees, authorized by an insurer to act on its behalf, who release information in

4-18

accordance with the provisions of this chapter, or who withhold amounts from payment based

4-19

upon the latest information supplied by the department pursuant to section 27-57-4 and makes

4-20

disbursements in accordance with section 27-57-3, shall be in compliance and shall be immune

4-21

from any liability to the claimant, payee lienholder, payee who provided written notice, or

4-22

security interest holder for taking that action.

4-23

      (d) Any claimant aggrieved by any action taken under this section may within thirty (30)

4-24

days of the making of the notice to the claimant in subsection (c) of this section, seek judicial

4-25

review in the family court, which may, in its discretion, issue a temporary order prohibiting the

4-26

disbursement of funds under this section, pending final adjudication.

4-27

     27-57-2. Notice provided to obligors of interception of insurance settlements. -- In

4-28

any case where the department of administration, division of taxation human services, office of

4-29

child support services, child support enforcement unit has intercepted an insurance payment, the

4-30

department shall notify the obligor parent of this action upon crediting the obligor's account.

4-31

     27-57-4. Information to be provided by the department of administration, division

4-32

of taxation, child support enforcement Information to be provided by the department of

4-33

human services, office of child support services, child support enforcement. -- (a) The

4-34

department shall periodically within each year furnish the insurance companies and insurers

5-1

subject to this section with a list or compilation of names of individuals, with last known

5-2

addresses, who as of the date of the list or compilation owe past due support in excess of five

5-3

hundred dollars ($500) as shown on the Rhode Island family court/department of administration,

5-4

division of taxation, child support enforcement human services, office of child support services,

5-5

child support enforcement computer system ("CSE system"). For the purposes of this section, the

5-6

terms used in this section have the meaning and definitions specified in section15-16-2.

5-7

      (b) In order to facilitate the efficient and prompt reporting of those arrearages in one

5-8

centralized location, it is the duty and responsibility of the insurance companies doing business in

5-9

the state to utilize one centralized database to which the department shall report and administer.

5-10

     SECTION 3. Section 28-33-27 of the General Laws in Chapter 28-33 entitled "Workers'

5-11

Compensation - Benefits" is hereby amended to read as follows:

5-12

     28-33-27. Immunity of claims from assignment or liability for debt. -- (a) No claims

5-13

or payments due for compensation under chapters 29 -- 38 of this title or under any alternative

5-14

scheme permitted by sections 28-29-22 -- 28-29-24 shall be assignable, or subject to attachment,

5-15

or liable in any way for any debts, except as set forth in subsection (b) of this section.

5-16

      (b) A lien in favor of the department of labor and training and/or the department of

5-17

human services executive office of health and human services shall attach by operation of law to

5-18

any benefits due and payable under chapters 29 -- 38 of this title, or under any alternative scheme

5-19

by sections 28-29-22 -- 28-29-24, to the extent that those payments have been made by the

5-20

department of labor and training and/or the department of human services executive office of

5-21

health and human services to or on behalf of an injured employee or his or her dependents, but

5-22

only to the extent that the employee would be entitled to receive benefits under the provision of

5-23

these chapters. Any such lien is subject to the provisions of section 40-6-10.

5-24

     SECTION 4. Sections 40-6-9 and 40-6-10 of the General Laws in Chapter 40-6 entitled

5-25

"Public Assistance Act" are hereby amended to read as follows:

5-26

     40-6-9. Assignment of child, spousal and medical support rights Assignment and

5-27

subrogation for recovery of child, spousal and medical support rights. -- (a) An applicant for

5-28

or recipient of public assistance under this chapter or under title XIX of the federal Social

5-29

Security Act, 42 U.S.C. section 1396 et seq., for and on behalf of himself or herself and for and

5-30

on behalf of a child or children, shall be deemed, without the necessity of signing any document

5-31

for purposes of recovery, to have made an assignment and given a right of subrogation to the

5-32

executive office of health and human services and/or the department of human services, as

5-33

applicable, of any and all rights and interests in any cause of action, past, present, or future, that

5-34

the applicant or recipient may have against any person failing to or obligated to provide for the

6-1

support, maintenance, and medical care of the applicant, recipient, and/or minor child or children,

6-2

for the period of time that assistance is being paid by the executive office of health and human

6-3

services and/or the department; The executive office of health and human services and/or the

6-4

department shall be subrogated to any and all rights, title, and interest the applicant or recipient

6-5

may have against any and all property belonging to the obligated or non-supporting person in the

6-6

enforcement of any claim for child, spousal, and medical support, whether liquidated through

6-7

court order or not. The applicant or recipient shall also be deemed, without the necessity of

6-8

signing any document, to have appointed the executive office of health and human services

6-9

and/or the department of human services as his or her true and lawful attorney in fact to act in his

6-10

or her name, place, and stead to perform the specific act of instituting suit to establish paternity or

6-11

secure support and medical care, collecting any and all amounts due and owing for child, spousal,

6-12

and medical support, endorsing any and all drafts, checks, money orders, or other negotiable

6-13

instruments representing support payments which are received by executive office of health and

6-14

human services and/or the department, and retaining any portion thereof permitted under federal

6-15

and state statutes as reimbursement for financial and medical assistance previously paid to or for

6-16

the recipient, child, or children.

6-17

      (b) An applicant for or a recipient of medical assistance provided by executive office of

6-18

health and human services and/or the department pursuant to this chapter, chapter 5.1, or chapter

6-19

8 of this title or title XIX of the federal Social Security Act, 42 U.S.C. section 1396 et seq., for

6-20

and on behalf of himself or herself, and for and on behalf of any other person for whom he or she

6-21

may legally assign rights to any medical support or any other medical care, shall be deemed,

6-22

without the necessity of signing any document for purposes of reimbursement, to have made an

6-23

assignment and given a right of subrogation to executive office of health and human services

6-24

and/or the department of human services of any and all rights and interests that he, she, or such

6-25

other person may have: (1) to payment for any medical support; and (2) to payment for any

6-26

medical care from any third party.

6-27

      (c) In addition to the assignments and subrogation rights provided in subsections (a) and

6-28

(b) of this section, an applicant for or a recipient of financial assistance provided by the executive

6-29

office of health and human services and/or department pursuant to this chapter, whenever the

6-30

assistance is necessary by reason of accident, injury, or illness for which a third party may be

6-31

liable, for and on behalf of himself or herself, and for and on behalf of any other person for whom

6-32

he or she may legally act, shall be deemed, without the necessity of signing any document, to

6-33

have assigned and subrogated to the executive office of health and human services and/or the

6-34

department of human services, from amounts recovered or recoverable from any third party, an

7-1

amount of money equal to the amount of financial assistance provided as a result of the accident,

7-2

illness, or injury.

7-3

      (d) With respect to an assignment and subrogation rights established pursuant to this

7-4

section, an applicant or recipient shall provide to the executive office of health and human

7-5

services and/or the department of human services and/or the division of taxation within the

7-6

department of administration all relevant information regarding the rights assigned and

7-7

subrogated rights, and shall execute any documents relating thereto, in accordance with rules and

7-8

regulations to be adopted by the executive office of health and human services and/or the

7-9

department.

7-10

      (e) With respect to any assignment of rights and subrogation right for medical or

7-11

financial support or recoveries under this section, the executive office of health and human

7-12

services and/or the department of human services shall be considered to have acquired the rights

7-13

of such individual to payment by any third party for such medical care and support, and financial

7-14

support.

7-15

     (f) An applicant for or a recipient of medical assistance provided by the executive office

7-16

of health and human services in accordance with chapter 40-8 shall also be subject to the

7-17

provisions of chapter 27-57.1. Funds available to be paid for the payment of child support shall

7-18

supersede any payment made pursuant to this chapter and chapter 27-57.1.

7-19

     40-6-10. Effects of assistance on receipt of workers' compensation benefits. -- (a) No

7-20

individual shall be entitled to receive assistance provided under this chapter or chapter 5.1 of this

7-21

title and/or medical assistance under chapter 8 of this title for any period beginning on or after

7-22

July 1, 1982, with respect to which benefits are paid or payable to individuals under any workers'

7-23

compensation law of this state, any other state, or the federal government, on account of any

7-24

disability caused by accident or illness. In the event that workers' compensation benefits are

7-25

subsequently awarded to an individual with respect to which the individual has received

7-26

assistance payments under this chapter or chapter 5.1 of this title and/or medical assistance under

7-27

chapter 8 of this title, then the department executive office of health and human services shall be

7-28

subrogated to the individual's rights in the award to the extent of the amount of the payments

7-29

and/or medical assistance paid to or on behalf of the individuals.

7-30

      (b) Whenever an employer or insurance carrier has been notified by the department

7-31

executive office of health and human services that an individual is an applicant for or a recipient

7-32

of assistance payments under this chapter or chapter 5.1 of this title, and/or medical assistance

7-33

under chapter 8 of this title, for a period during which the individual is or may be eligible for

7-34

benefits under the Workers' Compensation Act, chapters 29--38 of title 28, the notice shall

8-1

constitute a lien in favor of the department executive office of health and human services, upon

8-2

any pending award, order, or settlement to the individual under the Workers' Compensation Act.

8-3

The employer or his or her insurance carrier shall be required to reimburse the department of

8-4

human services executive office of health and human services the amount of the assistance

8-5

payments and/or medical assistance paid to or on behalf of the individual for any period for which

8-6

an award, order, or settlement is made.

8-7

      (c) Whenever an individual becomes entitled to or is awarded workers' compensation for

8-8

the same period with respect to which the individual has received assistance payments under this

8-9

chapter or chapter 5.1 of this title and/or medical assistance under chapter 8 of this title, and

8-10

whenever notice of the receipt of assistance payments has been given to the division of workers'

8-11

compensation of the department of labor and training of this state and/or the workers'

8-12

compensation commission, the division or commission is hereby required to and shall incorporate

8-13

in any award, order, or approval of settlement, an order requiring the employer or his or her

8-14

insurance carrier to reimburse the department executive office of health and human services the

8-15

amount of the assistance payments and/or medical assistance paid to or on behalf of the

8-16

individual for the period for which an award, order, or settlement is made.

8-17

     (d) Any claims or payments to a recipient of medical assistance provided by the executive

8-18

office of health and human services in accordance with chapter 40-8 shall also be subject to the

8-19

provisions of chapter 28-33-27. Funds available to be paid for the payment of child support shall

8-20

supersede any payment made pursuant to this chapter and chapter 27-57.1.

8-21

     SECTION 5. Section 40-8-15 of the General Laws in Chapter 40-8 entitled "Medical

8-22

Assistance" is hereby amended to read as follows:

8-23

     40-8-15. Lien on deceased recipient's estate for assistance. -- (a) (1) Upon the death of

8-24

a recipient of medical assistance under Title XIX of the federal Social Security Act, 42 U.S.C. §

8-25

1396 et seq., the total sum of medical assistance so paid on behalf of a recipient who was fifty-

8-26

five (55) years of age or older at the time of receipt of the assistance shall be and constitute a lien

8-27

upon the estate, as defined herein in subdivision (a)(2) below, of the recipient in favor of the

8-28

department of human services executive office of health and human services. The lien shall not be

8-29

effective and shall not attach as against the estate of a recipient who is survived by a spouse, or a

8-30

child who is under the age of twenty-one (21), or a child who is blind or permanently and totally

8-31

disabled as defined in Title XVI of the federal Social Security Act, 42 U.S.C. § 1381 et seq. The

8-32

lien shall not be effective and shall not attach as against a recipient's estate, which has been

8-33

admitted for probate administration unless the department has filed a claim for reimbursement in

8-34

the probate court in accordance with § 33-11-5 or other applicable law. The lien shall attach

9-1

against property of a recipient, which is included or includible in the decedent’s probate estate,

9-2

regardless of whether or not a probate proceeding has been commenced in the probate court by

9-3

the executive office of health and human services or by any other party. Provided, however, that

9-4

such lien shall only attach and shall only be effective against the recipient’s real property

9-5

included or includible in the recipient’s probate estate if such lien is recorded in the land evidence

9-6

records and is in accordance with subsection 40-8-15(f). Decedents who have received medical

9-7

assistance are subject to the assignment and subrogation provisions of sections 40-6-9 and 40-6-

9-8

10.

9-9

     (2) For purposes of this section, the term "estate" with respect to a deceased individual

9-10

shall include all real and personal property and other assets included or includable within the

9-11

individual's probate estate

9-12

     (b) The department executive office of health and human services is authorized to

9-13

promulgate regulations to implement the terms, intent, and purpose of this section and to require

9-14

the legal representative(s) and/or the heirs-at-law of the decedent to provide reasonable written

9-15

notice to the department executive office of health and human services of the death of a recipient

9-16

of medical assistance who was fifty-five (55) years of age or older at the date of death, and to

9-17

provide a statement identifying the decedent's property and the names and addresses of all

9-18

persons entitled to take any share or interest of the estate as legatees or distributees thereof.

9-19

     (c) The amount of medical assistance reimbursement imposed under this section shall

9-20

also become a debt to the state from the person or entity liable for the payment thereof.

9-21

     (d) Upon payment of the amount of reimbursement for medical assistance imposed by

9-22

this section, the director secretary of the department of human services executive office of health

9-23

and human services, or his or her designee, shall issue a written discharge of lien.

9-24

     (e) Upon application to the director and a determination by the director that the lien is

9-25

either inapplicable or that no reimbursement for medical assistance is due with respect to the

9-26

estate, the director shall issue a written discharge of lien.

9-27

     (f) Provided, however, that no lien created under this section shall attach nor become

9-28

effective upon any real property unless and until a statement of claim is recorded naming the

9-29

debtor/owner of record of the property as of the date and time of recording of the statement of

9-30

claim, and describing the real property by a description containing all of the following: (1) tax

9-31

assessor's plat and lot; and (2) street address. The statement of claim shall be recorded in the

9-32

records of land evidence in the town or city where the real property is situated. Notice of said lien

9-33

shall be sent to the duly appointed executor or administrator, the decedent’s legal representative,

9-34

if known, or to the decedent’s next of kin or heirs at law as stated in the decedent’s last

10-1

application for medical assistance.

10-2

     (g)(f) The department of human services executive office of health and human services

10-3

shall establish procedures, in accordance with the standards specified by the secretary, U.S.

10-4

Department of Health and Human Services, under which the department of human services

10-5

executive office of health and human services shall waive, in whole or in part, the lien and

10-6

reimbursement established by this section if such lien and reimbursement would work an undue

10-7

hardship, as determined by the department executive office of health and human services, on the

10-8

basis of the criteria established by the secretary in accordance with 42 U.S.C. § 1396p(b)(3).

10-9

     (g) Upon the filing of a petition for admission to probate of a decedent’s will or for

10-10

administration of a decedent’s estate, when the decedent was fifty-five (55) years or older at the

10-11

time of death, a copy of said petition and a copy of the death certificate shall be sent to the

10-12

executive office of health and human services. Within thirty (30) days of a request by the

10-13

executive office of health and human services, an executor or administrator shall complete and

10-14

send to the executive office of health and human services a form prescribed by that office and

10-15

shall provide such additional information as the office may require. In the event a petitioner fails

10-16

to send a copy of the petition and a copy of the death certificate to the executive office of health

10-17

and human services and a decedent has received medical assistance for which the executive office

10-18

of health and human services is authorized to recover, no distribution and/or payments, including

10-19

administration fees, shall be disbursed. Any person and /or entity that receives a distribution of

10-20

assets from the decedent’s estate shall be liable to the executive office of health and human

10-21

services to the extent of such distribution.

10-22

     (h) Compliance with the provisions of this section shall be consistent with the

10-23

requirements set forth in section 33-11-5 and the requirements of the affidavit of notice set forth

10-24

in section 33-11-5.2. Nothing in these sections shall limit the executive office of health and

10-25

human services from recovery, to the extent of the distribution, in accordance with all state and

10-26

federal laws.

10-27

     SECTION 6. Chapter 40-8 of the General laws entitled “Medical Assistance” is hereby

10-28

amended by adding thereto the following section:

10-29

     40-8-9.1. Notice. -- Whenever an individual who is receiving medical assistance under

10-30

this chapter transfers an interest in real or personal property, such individual shall notify the

10-31

executive office of health and human services within ten (10) days of the transfer. Such notice

10-32

shall be sent to the individual’s local office and the legal office of the executive office of health

10-33

and human services and include, at a minimum, the individual’s name, social security number or,

10-34

if different, the executive office of health and human services identification number, the date of

11-1

transfer and the dollar value, if any, paid or received by the individual who received benefits

11-2

under this chapter. In the event an individual fails to provide notice required by this section to the

11-3

executive office of health and human services and in the event an individual has received medical

11-4

assistance, any individual and/or or entity, who knew or should have known that such individual

11-5

failed to provide such notice and who receives any distribution of value as a result of the transfer,

11-6

shall be liable to the executive office of health and human services to the extent of the value of

11-7

the transfer. Moreover, any such individual shall be subject to the provisions of section 40-6-15

11-8

and any remedy provided by applicable state and federal laws and rules and regulations. Failure

11-9

to comply with the notice requirements set forth in the section shall not affect the marketability of

11-10

title to real estate transferred, while the transferor is receiving medical assistance

11-11

     SECTION 7. Chapter 33-11 of the General Laws entitled “Claims Against Decedents’

11-12

Estates” is hereby amended by adding thereto the following section:

11-13

     33-11-5.2. Fiduciary’s affidavit regarding notice to creditors and OHHS. -- In order

11-14

to close an estate, whether by accounting or affidavit of completed administration, the fiduciary

11-15

shall submit to the probate court an affidavit in substantially the following form:

11-16

     STATE OF RHODE ISLAND PROBATE COURT OF THE

11-17

     COUNTY _____________ TOWN OF _____________

11-18

     ESTATE OF __________________ NO. ________

11-19

     FIDUCIARY’S AFFIDAVIT REGARDING NOTICE TO CREDITORS AND TO THE

11-20

RHODE ISLAND OFFICE OF HEALTH AND HUMAN SERVICES

11-21

     The undersigned fiduciary of the above-captioned estate upon oath deposes and says that

11-22

(a) notice of the commencement of the estate was mailed to all known or reasonably ascertainable

11-23

creditors of the estate, as well as to the executive office of health and human services when the

11-24

decedent was fifty-five (55) years or older, or that (b) no such notice was required to be mailed

11-25

because that the Estate had no known or reasonably ascertainable creditors and the decedent was

11-26

under the age of fifty-five (55).

11-27

     Name Date

11-28

     Subscribed and sworn before me this ______ day of _______, 20__.

11-29

     _______________________________________

11-30

     Notary public

11-31

     SECTION 8. Section 33-22-3 of the General Laws in Chapter 33-22 entitled "Practice in

11-32

Probate Courts" is hereby amended to read as follows:

11-33

     33-22-3. Notice given by petitioner on filing of petition and hearing. -- In addition to

11-34

the notice prescribed by section 33-7-9, and to notice by publication in the manner as prescribed

12-1

by section 33-22-11, the petitioner or his or her attorney shall, at least ten (10) days before the

12-2

date set for hearing on the petition, send or cause to be sent by mail, postage prepaid, addressed to

12-3

each person whose name and post office address is by section 33-22-2(3) required to be set forth

12-4

in the petition, as the names and addresses are set forth therein or as then known to the petitioner,

12-5

and when the decedent was fifty-five (55) years or older to the Rhode Island office of health and

12-6

human services and in accordance with section 40-8-15, notice of the filing, the nature of the

12-7

petition, and of the time and place set for hearing on the petition, or in lieu thereof a copy of the

12-8

newspaper notice published pursuant to the provisions of section 33-22-11; provided, however,

12-9

that in the case of any person entitled to notice hereunder whose post office address is outside the

12-10

continental limits of the United States this notice shall be sent at least three (3) weeks before the

12-11

date set for the hearing; and provided further that the petitioner or his or her attorney shall not be

12-12

required to send this notice to any person sui juris who shall at, or prior to, the hearing waive

12-13

notice of its pendency in writing either on the petition or by instrument separately filed. The

12-14

petitioner or his or her attorney shall at or prior to the hearing file or cause to be filed an affidavit

12-15

that the notice was given, setting forth the names and post office addresses of the persons to

12-16

whom the notice was sent and the date of mailing of the notice, together with a copy of the notice.

12-17

     SECTION 9. This article shall take effect July 1, 2012.

     

=======

art.011/3/019/2/032/1

=======

1-1

ARTICLE 11

1-2

RELATING TO MEDICAL ASSISTANCE RECOVERIES

1-3

     SECTION 1. Title 27 of the General Laws entitled “INSURANCE” is hereby amended

1-4

by adding thereto the following chapter:

1-5

     CHAPTER 57.1

1-6

     MEDICAL ASSISTANCE INTERCEPT ACT

1-7

     27-57.1-1. Interception of insurance payments.-- (a) Every domestic insurer or

1-8

insurance company authorized to issue policies of liability insurance pursuant to this title, and

1-9

also any workers' compensation insurer, within thirty (30) days prior to the making of any

1-10

payment equal to or in excess of five hundred dollars ($500) to any claimant who is a resident of

1-11

the state of Rhode Island or to any claimant who has an accident or loss that occurred in the state

1-12

of Rhode Island, for third party for personal injury or workers' compensation benefits under a

1-13

contract of insurance, shall review information provided by the executive office of health and

1-14

human services pursuant to section, indicating whether the claimant has received medical

1-15

assistance in accordance with chapter 40-8.

1-16

     (b) If the insurer determines from the information provided by the executive office of

1-17

health and human services pursuant to section 27-57.1-4 that the claimant or payee has not

1-18

received medical assistance, the insurer may make the payment to the claimant in accordance

1-19

with the contract of the insurance.

1-20

     (c) If the insurer determines from the information provided by the executive office of

1-21

health and human services pursuant to section 27-57.1-4 that the claimant or payee has received

1-22

medical assistance, the insurer shall, except to the extent payments are subject to liens, written

1-23

notices, or interests described in section 27-57.1-3, withhold from payment the amount to the

1-24

extent of the distribution for medical assistance as a result of the accident or loss, dating back to

1-25

the date of the incident, pay that amount to the executive office of health and human services and

1-26

the insurer shall pay the balance to the claimant or other person entitled to it. The executive office

1-27

of health and human services shall provide written notice to the claimant and his or her attorney,

1-28

if any. The notice shall reflect the date, name, social security number, case number, amount of the

1-29

payment being withheld to reimburse the state, reason for payment and opportunity to request a

1-30

hearing as provided for in subsection 27-57.1(e). Any insurer or insurance company, its directors,

1-31

agents, and employees and central reporting organizations and their respective employees

2-1

authorized by an insurer to act on its behalf who release information in accordance with the

2-2

provisions of this chapter, or who withhold amounts from payment based upon the latest

2-3

information supplied by the executive office of health and human services pursuant to section 27-

2-4

57.1-4 and disburses disbursements in accordance with section 27-57.1-3, shall be in compliance

2-5

and shall be immune from any liability to the claimant, payee lien holder, payee who provided

2-6

written notice, or security interest holder. Any withholding from payments in accordance with

2-7

this chapter and payment made to the executive office of health and human services is further

2-8

subject to the provisions of section 40-6-9, regarding rights of assignment and subrogation by

2-9

medical assistance recipients. Said payments to the executive office of health and human services

2-10

shall be for reimbursement of distributed medical assistance incurred as a result of the accident or

2-11

loss, dating back to the date of the incident.

2-12

     (d) Workers’ compensation claimants who receive medical assistance, provided in

2-13

accordance with chapter 40-8, shall be subject to the provisions of this chapter. However, the

2-14

workers’ compensation reimbursement payments made to the executive office of health and

2-15

human services in accordance with this chapter shall be limited to that set forth in chapter 28-33

2-16

and section 40-6-10.

2-17

     (e) Any claimant aggrieved by any action taken under this section may within thirty (30)

2-18

days of the making of the notice to the claimant in subsection (c) of this section, request a hearing

2-19

from the executive office of health and human services. Any payments made by an insurer

2-20

pursuant to this chapter shall be made to the executive office of health and human services,

2-21

should there be no request for a hearing within thirty (30) days of receipt of notice, or within ten

2-22

(10) business days of a decision after a hearing and in accordance with the decision of any

2-23

hearing that takes place as provided for in this subsection.

2-24

     27-57-1-2. Notice provided to obligors of interception of insurance settlements.-- In

2-25

any case where the executive office of health and human services has intercepted an insurance

2-26

payment, that office shall notify the recipient.

2-27

     27-57.1-3. Certain liens not affected. -- Nothing in this chapter affects the validity or

2-28

priority of liens or written notices of health care providers, attorney fees, holders of security

2-29

interests, or the assignment of rights under section 40-6-9 which may exist. Funds subject to liens,

2-30

written notices, or security interests shall be paid to the lien or interest holder. Funds available to

2-31

be paid pursuant to chapter 27-57 for the payment of child support shall supersede any payment

2-32

made pursuant to this chapter.

2-33

     27-57.1-4. Information to be provided by the executive office of health and human

2-34

services.-- (a) The executive office of health and human services shall periodically within each

3-1

year furnish the insurance companies and insurers subject to this section with a list or compilation

3-2

of claimants, who have received medical assistance, as a result of the accident or loss which is the

3-3

basis of the claim and who have been identified and matched through the centralized database

3-4

provided for in this chapter. The information provided to the insurance companies and insurers

3-5

shall be the names of individuals, with last known addresses, who as of the date of the list or

3-6

compilation have received medical assistance in excess of five hundred dollars ($500).

3-7

     (b) In order to facilitate the efficient and prompt reporting of those medical assistance

3-8

recipients in one centralized location, it is the duty and responsibility of the insurance companies

3-9

doing business in the state to utilize one centralized database, to which the executive office of

3-10

health and human services shall report and administer. Any insurer receiving information

3-11

identifying an individual as a medical assistance recipient shall maintain the confidentiality of

3-12

that information. Minimal data elements shall be shared with an agency contracted by the

3-13

executive office of health and human services which maintains a centralized database of

3-14

insurance claims. The contracted centralized database is required to keep confidential any

3-15

personal and personnel information; records sufficient to identify an applicant for or recipient of

3-16

medical assistance; preliminary drafts, notes, impressions, memoranda, working papers, and work

3-17

products; as well as any other records, reports, opinions, information, and statements deemed

3-18

confidential pursuant state or federal law or regulation, or rule of court. That data shall not be

3-19

disclosed to the insurer. Matched results are returned to the executive office of health and human

3-20

services through its contracted agency. Proper quality assurance shall be performed by the

3-21

contracted agency to insure the claim is open and collect additional information from the insurer

3-22

including but not limited to contact information.

3-23

     SECTION 2. Sections 27-57-1, 27-57-2 and 27-57-4 of the General Laws in Chapter 27-

3-24

57 entitled "Child Support Intercept Act" are hereby amended to read as follows:

3-25

     27-57-1. Interception of insurance payments. -- (a) Every domestic insurer or

3-26

insurance company authorized to issue policies of liability insurance pursuant to this title, and

3-27

also any workers' compensation insurer, shall, within thirty (30) days prior to the making of any

3-28

payment equal to or in excess of three thousand dollars ($3,000) five hundred dollars ($500) to

3-29

any claimant who is a resident of the state of Rhode Island or to any claimant who has an accident

3-30

or loss that occurred in the state of Rhode Island, for third party for personal injury or workers'

3-31

compensation benefits under a contract of insurance, review information provided by the

3-32

department of administration, division of taxation, human service, office of child support

3-33

services, child support enforcement pursuant to section 27-57-4 indicating whether the claimant

3-34

owes past-due child support.

4-1

      (b) If the insurer determines from the information provided by the department pursuant

4-2

to section 27-57-4 that the claimant or payee does not owe past-due support, the insurer may

4-3

make the payment to the claimant in accordance with the contract of the insurance.

4-4

      (c) If the insurer determines from the information provided by the department pursuant

4-5

to section 27-57-4 that the claimant or payee owes past-due child support, the insurer shall,

4-6

except to the extent payments are subject to liens, written notices, or interests described in section

4-7

27-57-3, withhold from payment the amount of past-due support and pay that amount to the

4-8

family court which shall credit the person's child support obligation account for the amount so

4-9

paid, and the insurer shall pay the balance to the claimant or other person entitled to it; provided,

4-10

that the . The insurer or insurance company shall provide written notice by regular mail to the

4-11

claimant and his or her attorney, if any, and notice by e-mail or other electronic means, to the

4-12

department of the payment to the family court. The payment shall be deposited in the registry of

4-13

the family court for a period of forty-five (45) days, or if an application for review has been filed

4-14

pursuant to subsection (d), until further order of the court. The notice shall reflect the date, name,

4-15

social security number, case number, and amount of the payment. Any insurer or insurance

4-16

company, its directors, agents, and employees and central reporting organizations and their

4-17

respective employees, authorized by an insurer to act on its behalf, who release information in

4-18

accordance with the provisions of this chapter, or who withhold amounts from payment based

4-19

upon the latest information supplied by the department pursuant to section 27-57-4 and makes

4-20

disbursements in accordance with section 27-57-3, shall be in compliance and shall be immune

4-21

from any liability to the claimant, payee lienholder, payee who provided written notice, or

4-22

security interest holder for taking that action.

4-23

      (d) Any claimant aggrieved by any action taken under this section may within thirty (30)

4-24

days of the making of the notice to the claimant in subsection (c) of this section, seek judicial

4-25

review in the family court, which may, in its discretion, issue a temporary order prohibiting the

4-26

disbursement of funds under this section, pending final adjudication.

4-27

     27-57-2. Notice provided to obligors of interception of insurance settlements. -- In

4-28

any case where the department of administration, division of taxation human services, office of

4-29

child support services, child support enforcement unit has intercepted an insurance payment, the

4-30

department shall notify the obligor parent of this action upon crediting the obligor's account.

4-31

     27-57-4. Information to be provided by the department of administration, division

4-32

of taxation, child support enforcement Information to be provided by the department of

4-33

human services, office of child support services, child support enforcement. -- (a) The

4-34

department shall periodically within each year furnish the insurance companies and insurers

5-1

subject to this section with a list or compilation of names of individuals, with last known

5-2

addresses, who as of the date of the list or compilation owe past due support in excess of five

5-3

hundred dollars ($500) as shown on the Rhode Island family court/department of administration,

5-4

division of taxation, child support enforcement human services, office of child support services,

5-5

child support enforcement computer system ("CSE system"). For the purposes of this section, the

5-6

terms used in this section have the meaning and definitions specified in section15-16-2.

5-7

      (b) In order to facilitate the efficient and prompt reporting of those arrearages in one

5-8

centralized location, it is the duty and responsibility of the insurance companies doing business in

5-9

the state to utilize one centralized database to which the department shall report and administer.

5-10

     SECTION 3. Section 28-33-27 of the General Laws in Chapter 28-33 entitled "Workers'

5-11

Compensation - Benefits" is hereby amended to read as follows:

5-12

     28-33-27. Immunity of claims from assignment or liability for debt. -- (a) No claims

5-13

or payments due for compensation under chapters 29 -- 38 of this title or under any alternative

5-14

scheme permitted by sections 28-29-22 -- 28-29-24 shall be assignable, or subject to attachment,

5-15

or liable in any way for any debts, except as set forth in subsection (b) of this section.

5-16

      (b) A lien in favor of the department of labor and training and/or the department of

5-17

human services executive office of health and human services shall attach by operation of law to

5-18

any benefits due and payable under chapters 29 -- 38 of this title, or under any alternative scheme

5-19

by sections 28-29-22 -- 28-29-24, to the extent that those payments have been made by the

5-20

department of labor and training and/or the department of human services executive office of

5-21

health and human services to or on behalf of an injured employee or his or her dependents, but

5-22

only to the extent that the employee would be entitled to receive benefits under the provision of

5-23

these chapters. Any such lien is subject to the provisions of section 40-6-10.

5-24

     SECTION 4. Sections 40-6-9 and 40-6-10 of the General Laws in Chapter 40-6 entitled

5-25

"Public Assistance Act" are hereby amended to read as follows:

5-26

     40-6-9. Assignment of child, spousal and medical support rights Assignment and

5-27

subrogation for recovery of child, spousal and medical support rights. -- (a) An applicant for

5-28

or recipient of public assistance under this chapter or under title XIX of the federal Social

5-29

Security Act, 42 U.S.C. section 1396 et seq., for and on behalf of himself or herself and for and

5-30

on behalf of a child or children, shall be deemed, without the necessity of signing any document

5-31

for purposes of recovery, to have made an assignment and given a right of subrogation to the

5-32

executive office of health and human services and/or the department of human services, as

5-33

applicable, of any and all rights and interests in any cause of action, past, present, or future, that

5-34

the applicant or recipient may have against any person failing to or obligated to provide for the

6-1

support, maintenance, and medical care of the applicant, recipient, and/or minor child or children,

6-2

for the period of time that assistance is being paid by the executive office of health and human

6-3

services and/or the department; The executive office of health and human services and/or the

6-4

department shall be subrogated to any and all rights, title, and interest the applicant or recipient

6-5

may have against any and all property belonging to the obligated or non-supporting person in the

6-6

enforcement of any claim for child, spousal, and medical support, whether liquidated through

6-7

court order or not. The applicant or recipient shall also be deemed, without the necessity of

6-8

signing any document, to have appointed the executive office of health and human services

6-9

and/or the department of human services as his or her true and lawful attorney in fact to act in his

6-10

or her name, place, and stead to perform the specific act of instituting suit to establish paternity or

6-11

secure support and medical care, collecting any and all amounts due and owing for child, spousal,

6-12

and medical support, endorsing any and all drafts, checks, money orders, or other negotiable

6-13

instruments representing support payments which are received by executive office of health and

6-14

human services and/or the department, and retaining any portion thereof permitted under federal

6-15

and state statutes as reimbursement for financial and medical assistance previously paid to or for

6-16

the recipient, child, or children.

6-17

      (b) An applicant for or a recipient of medical assistance provided by executive office of

6-18

health and human services and/or the department pursuant to this chapter, chapter 5.1, or chapter

6-19

8 of this title or title XIX of the federal Social Security Act, 42 U.S.C. section 1396 et seq., for

6-20

and on behalf of himself or herself, and for and on behalf of any other person for whom he or she

6-21

may legally assign rights to any medical support or any other medical care, shall be deemed,

6-22

without the necessity of signing any document for purposes of reimbursement, to have made an

6-23

assignment and given a right of subrogation to executive office of health and human services

6-24

and/or the department of human services of any and all rights and interests that he, she, or such

6-25

other person may have: (1) to payment for any medical support; and (2) to payment for any

6-26

medical care from any third party.

6-27

      (c) In addition to the assignments and subrogation rights provided in subsections (a) and

6-28

(b) of this section, an applicant for or a recipient of financial assistance provided by the executive

6-29

office of health and human services and/or department pursuant to this chapter, whenever the

6-30

assistance is necessary by reason of accident, injury, or illness for which a third party may be

6-31

liable, for and on behalf of himself or herself, and for and on behalf of any other person for whom

6-32

he or she may legally act, shall be deemed, without the necessity of signing any document, to

6-33

have assigned and subrogated to the executive office of health and human services and/or the

6-34

department of human services, from amounts recovered or recoverable from any third party, an

7-1

amount of money equal to the amount of financial assistance provided as a result of the accident,

7-2

illness, or injury.

7-3

      (d) With respect to an assignment and subrogation rights established pursuant to this

7-4

section, an applicant or recipient shall provide to the executive office of health and human

7-5

services and/or the department of human services and/or the division of taxation within the

7-6

department of administration all relevant information regarding the rights assigned and

7-7

subrogated rights, and shall execute any documents relating thereto, in accordance with rules and

7-8

regulations to be adopted by the executive office of health and human services and/or the

7-9

department.

7-10

      (e) With respect to any assignment of rights and subrogation right for medical or

7-11

financial support or recoveries under this section, the executive office of health and human

7-12

services and/or the department of human services shall be considered to have acquired the rights

7-13

of such individual to payment by any third party for such medical care and support, and financial

7-14

support.

7-15

     (f) An applicant for or a recipient of medical assistance provided by the executive office

7-16

of health and human services in accordance with chapter 40-8 shall also be subject to the

7-17

provisions of chapter 27-57.1. Funds available to be paid for the payment of child support shall

7-18

supersede any payment made pursuant to this chapter and chapter 27-57.1.

7-19

     40-6-10. Effects of assistance on receipt of workers' compensation benefits. -- (a) No

7-20

individual shall be entitled to receive assistance provided under this chapter or chapter 5.1 of this

7-21

title and/or medical assistance under chapter 8 of this title for any period beginning on or after

7-22

July 1, 1982, with respect to which benefits are paid or payable to individuals under any workers'

7-23

compensation law of this state, any other state, or the federal government, on account of any

7-24

disability caused by accident or illness. In the event that workers' compensation benefits are

7-25

subsequently awarded to an individual with respect to which the individual has received

7-26

assistance payments under this chapter or chapter 5.1 of this title and/or medical assistance under

7-27

chapter 8 of this title, then the department executive office of health and human services shall be

7-28

subrogated to the individual's rights in the award to the extent of the amount of the payments

7-29

and/or medical assistance paid to or on behalf of the individuals.

7-30

      (b) Whenever an employer or insurance carrier has been notified by the department

7-31

executive office of health and human services that an individual is an applicant for or a recipient

7-32

of assistance payments under this chapter or chapter 5.1 of this title, and/or medical assistance

7-33

under chapter 8 of this title, for a period during which the individual is or may be eligible for

7-34

benefits under the Workers' Compensation Act, chapters 29--38 of title 28, the notice shall

8-1

constitute a lien in favor of the department executive office of health and human services, upon

8-2

any pending award, order, or settlement to the individual under the Workers' Compensation Act.

8-3

The employer or his or her insurance carrier shall be required to reimburse the department of

8-4

human services executive office of health and human services the amount of the assistance

8-5

payments and/or medical assistance paid to or on behalf of the individual for any period for which

8-6

an award, order, or settlement is made.

8-7

      (c) Whenever an individual becomes entitled to or is awarded workers' compensation for

8-8

the same period with respect to which the individual has received assistance payments under this

8-9

chapter or chapter 5.1 of this title and/or medical assistance under chapter 8 of this title, and

8-10

whenever notice of the receipt of assistance payments has been given to the division of workers'

8-11

compensation of the department of labor and training of this state and/or the workers'

8-12

compensation commission, the division or commission is hereby required to and shall incorporate

8-13

in any award, order, or approval of settlement, an order requiring the employer or his or her

8-14

insurance carrier to reimburse the department executive office of health and human services the

8-15

amount of the assistance payments and/or medical assistance paid to or on behalf of the

8-16

individual for the period for which an award, order, or settlement is made.

8-17

     (d) Any claims or payments to a recipient of medical assistance provided by the executive

8-18

office of health and human services in accordance with chapter 40-8 shall also be subject to the

8-19

provisions of chapter 28-33-27. Funds available to be paid for the payment of child support shall

8-20

supersede any payment made pursuant to this chapter and chapter 27-57.1.

8-21

     SECTION 5. Section 40-8-15 of the General Laws in Chapter 40-8 entitled "Medical

8-22

Assistance" is hereby amended to read as follows:

8-23

     40-8-15. Lien on deceased recipient's estate for assistance. -- (a) (1) Upon the death of

8-24

a recipient of medical assistance under Title XIX of the federal Social Security Act, 42 U.S.C. §

8-25

1396 et seq., the total sum of medical assistance so paid on behalf of a recipient who was fifty-

8-26

five (55) years of age or older at the time of receipt of the assistance shall be and constitute a lien

8-27

upon the estate, as defined herein in subdivision (a)(2) below, of the recipient in favor of the

8-28

department of human services executive office of health and human services. The lien shall not be

8-29

effective and shall not attach as against the estate of a recipient who is survived by a spouse, or a

8-30

child who is under the age of twenty-one (21), or a child who is blind or permanently and totally

8-31

disabled as defined in Title XVI of the federal Social Security Act, 42 U.S.C. § 1381 et seq. The

8-32

lien shall not be effective and shall not attach as against a recipient's estate, which has been

8-33

admitted for probate administration unless the department has filed a claim for reimbursement in

8-34

the probate court in accordance with § 33-11-5 or other applicable law. The lien shall attach

9-1

against property of a recipient, which is included or includible in the decedent’s probate estate,

9-2

regardless of whether or not a probate proceeding has been commenced in the probate court by

9-3

the executive office of health and human services or by any other party. Provided, however, that

9-4

such lien shall only attach and shall only be effective against the recipient’s real property

9-5

included or includible in the recipient’s probate estate if such lien is recorded in the land evidence

9-6

records and is in accordance with subsection 40-8-15(f). Decedents who have received medical

9-7

assistance are subject to the assignment and subrogation provisions of sections 40-6-9 and 40-6-

9-8

10.

9-9

     (2) For purposes of this section, the term "estate" with respect to a deceased individual

9-10

shall include all real and personal property and other assets included or includable within the

9-11

individual's probate estate

9-12

     (b) The department executive office of health and human services is authorized to

9-13

promulgate regulations to implement the terms, intent, and purpose of this section and to require

9-14

the legal representative(s) and/or the heirs-at-law of the decedent to provide reasonable written

9-15

notice to the department executive office of health and human services of the death of a recipient

9-16

of medical assistance who was fifty-five (55) years of age or older at the date of death, and to

9-17

provide a statement identifying the decedent's property and the names and addresses of all

9-18

persons entitled to take any share or interest of the estate as legatees or distributees thereof.

9-19

     (c) The amount of medical assistance reimbursement imposed under this section shall

9-20

also become a debt to the state from the person or entity liable for the payment thereof.

9-21

     (d) Upon payment of the amount of reimbursement for medical assistance imposed by

9-22

this section, the director secretary of the department of human services executive office of health

9-23

and human services, or his or her designee, shall issue a written discharge of lien.

9-24

     (e) Upon application to the director and a determination by the director that the lien is

9-25

either inapplicable or that no reimbursement for medical assistance is due with respect to the

9-26

estate, the director shall issue a written discharge of lien.

9-27

     (f) Provided, however, that no lien created under this section shall attach nor become

9-28

effective upon any real property unless and until a statement of claim is recorded naming the

9-29

debtor/owner of record of the property as of the date and time of recording of the statement of

9-30

claim, and describing the real property by a description containing all of the following: (1) tax

9-31

assessor's plat and lot; and (2) street address. The statement of claim shall be recorded in the

9-32

records of land evidence in the town or city where the real property is situated. Notice of said lien

9-33

shall be sent to the duly appointed executor or administrator, the decedent’s legal representative,

9-34

if known, or to the decedent’s next of kin or heirs at law as stated in the decedent’s last

10-1

application for medical assistance.

10-2

     (g)(f) The department of human services executive office of health and human services

10-3

shall establish procedures, in accordance with the standards specified by the secretary, U.S.

10-4

Department of Health and Human Services, under which the department of human services

10-5

executive office of health and human services shall waive, in whole or in part, the lien and

10-6

reimbursement established by this section if such lien and reimbursement would work an undue

10-7

hardship, as determined by the department executive office of health and human services, on the

10-8

basis of the criteria established by the secretary in accordance with 42 U.S.C. § 1396p(b)(3).

10-9

     (g) Upon the filing of a petition for admission to probate of a decedent’s will or for

10-10

administration of a decedent’s estate, when the decedent was fifty-five (55) years or older at the

10-11

time of death, a copy of said petition and a copy of the death certificate shall be sent to the

10-12

executive office of health and human services. Within thirty (30) days of a request by the

10-13

executive office of health and human services, an executor or administrator shall complete and

10-14

send to the executive office of health and human services a form prescribed by that office and

10-15

shall provide such additional information as the office may require. In the event a petitioner fails

10-16

to send a copy of the petition and a copy of the death certificate to the executive office of health

10-17

and human services and a decedent has received medical assistance for which the executive office

10-18

of health and human services is authorized to recover, no distribution and/or payments, including

10-19

administration fees, shall be disbursed. Any person and /or entity that receives a distribution of

10-20

assets from the decedent’s estate shall be liable to the executive office of health and human

10-21

services to the extent of such distribution.

10-22

     (h) Compliance with the provisions of this section shall be consistent with the

10-23

requirements set forth in section 33-11-5 and the requirements of the affidavit of notice set forth

10-24

in section 33-11-5.2. Nothing in these sections shall limit the executive office of health and

10-25

human services from recovery, to the extent of the distribution, in accordance with all state and

10-26

federal laws.

10-27

     SECTION 6. Chapter 40-8 of the General laws entitled “Medical Assistance” is hereby

10-28

amended by adding thereto the following section:

10-29

     40-8-9.1. Notice. -- Whenever an individual who is receiving medical assistance under

10-30

this chapter transfers an interest in real or personal property, such individual shall notify the

10-31

executive office of health and human services within ten (10) days of the transfer. Such notice

10-32

shall be sent to the individual’s local office and the legal office of the executive office of health

10-33

and human services and include, at a minimum, the individual’s name, social security number or,

10-34

if different, the executive office of health and human services identification number, the date of

11-1

transfer and the dollar value, if any, paid or received by the individual who received benefits

11-2

under this chapter. In the event an individual fails to provide notice required by this section to the

11-3

executive office of health and human services and in the event an individual has received medical

11-4

assistance, any individual and/or or entity, who knew or should have known that such individual

11-5

failed to provide such notice and who receives any distribution of value as a result of the transfer,

11-6

shall be liable to the executive office of health and human services to the extent of the value of

11-7

the transfer. Moreover, any such individual shall be subject to the provisions of section 40-6-15

11-8

and any remedy provided by applicable state and federal laws and rules and regulations. Failure

11-9

to comply with the notice requirements set forth in the section shall not affect the marketability of

11-10

title to real estate transferred, while the transferor is receiving medical assistance

11-11

     SECTION 7. Chapter 33-11 of the General Laws entitled “Claims Against Decedents’

11-12

Estates” is hereby amended by adding thereto the following section:

11-13

     33-11-5.2. Fiduciary’s affidavit regarding notice to creditors and OHHS. -- In order

11-14

to close an estate, whether by accounting or affidavit of completed administration, the fiduciary

11-15

shall submit to the probate court an affidavit in substantially the following form:

11-16

     STATE OF RHODE ISLAND PROBATE COURT OF THE

11-17

     COUNTY _____________ TOWN OF _____________

11-18

     ESTATE OF __________________ NO. ________

11-19

     FIDUCIARY’S AFFIDAVIT REGARDING NOTICE TO CREDITORS AND TO THE

11-20

RHODE ISLAND OFFICE OF HEALTH AND HUMAN SERVICES

11-21

     The undersigned fiduciary of the above-captioned estate upon oath deposes and says that

11-22

(a) notice of the commencement of the estate was mailed to all known or reasonably ascertainable

11-23

creditors of the estate, as well as to the executive office of health and human services when the

11-24

decedent was fifty-five (55) years or older, or that (b) no such notice was required to be mailed

11-25

because that the Estate had no known or reasonably ascertainable creditors and the decedent was

11-26

under the age of fifty-five (55).

11-27

     Name Date

11-28

     Subscribed and sworn before me this ______ day of _______, 20__.

11-29

     _______________________________________

11-30

     Notary public

11-31

     SECTION 8. Section 33-22-3 of the General Laws in Chapter 33-22 entitled "Practice in

11-32

Probate Courts" is hereby amended to read as follows:

11-33

     33-22-3. Notice given by petitioner on filing of petition and hearing. -- In addition to

11-34

the notice prescribed by section 33-7-9, and to notice by publication in the manner as prescribed

12-1

by section 33-22-11, the petitioner or his or her attorney shall, at least ten (10) days before the

12-2

date set for hearing on the petition, send or cause to be sent by mail, postage prepaid, addressed to

12-3

each person whose name and post office address is by section 33-22-2(3) required to be set forth

12-4

in the petition, as the names and addresses are set forth therein or as then known to the petitioner,

12-5

and when the decedent was fifty-five (55) years or older to the Rhode Island office of health and

12-6

human services and in accordance with section 40-8-15, notice of the filing, the nature of the

12-7

petition, and of the time and place set for hearing on the petition, or in lieu thereof a copy of the

12-8

newspaper notice published pursuant to the provisions of section 33-22-11; provided, however,

12-9

that in the case of any person entitled to notice hereunder whose post office address is outside the

12-10

continental limits of the United States this notice shall be sent at least three (3) weeks before the

12-11

date set for the hearing; and provided further that the petitioner or his or her attorney shall not be

12-12

required to send this notice to any person sui juris who shall at, or prior to, the hearing waive

12-13

notice of its pendency in writing either on the petition or by instrument separately filed. The

12-14

petitioner or his or her attorney shall at or prior to the hearing file or cause to be filed an affidavit

12-15

that the notice was given, setting forth the names and post office addresses of the persons to

12-16

whom the notice was sent and the date of mailing of the notice, together with a copy of the notice.

12-17

     SECTION 9. This article shall take effect July 1, 2012.

     

=======

art.012/4/012/3/012/2/012/1

=======

1-1

ARTICLE 12

1-2

RELATING TO EDUCATION AID

1-3

     SECTION 1. Section 16-2-9.4 of the General Laws in Chapter 16-2 entitled "School

1-4

Committees and Superintendents" is hereby amended to read as follows:

1-5

     16-2-9.4. School district accounting compliance. -- (a) The office of auditor general

1-6

and the department of elementary and secondary education shall promulgate a uniform system of

1-7

accounting, including a chart of accounts based on the recommendations of the advisory council

1-8

on school finance, and require all accounts of the school districts, regional school districts, state

1-9

schools and charter schools to be kept in accordance therewith; provided, that in any case in

1-10

which the uniform system of accounting is not practicable, the office of auditor general in

1-11

conjunction with the department of elementary and secondary education shall determine the

1-12

manner in which the accounts shall be kept. The uniform system of accounting shall also include

1-13

a standardized budget process to ensure districts can annually assess investment priorities and

1-14

incorporate long range planning.

1-15

      (b) For the purpose of securing a uniform system of accounting and a chart of accounts

1-16

the advisory council on school finances, as defined in section 16-2-9.2 may make such surveys of

1-17

the operation of any school districts, regional school district, state school or charter school as they

1-18

shall deem necessary.

1-19

     (c) Upon completion of the implementation of the uniform chart of accounts, all the

1-20

school districts, regional school districts, state schools, and/or charter schools, shall implement a

1-21

regents-approved budget model, and use best practices established by the department of education

1-22

for long range planning, budget development, and budget administration and reporting.

1-23

      (c)(d) If any school district, regional school district, state school or charter school fails to

1-24

install and maintain the uniform system of accounting, including a chart of accounts and

1-25

approved budget model, or fails to keep its accounts and interdepartmental records, or refuses or

1-26

neglects to make the reports and to furnish the information in accordance with the method

1-27

prescribed by the office of auditor general and the department of education or hinders or prevents

1-28

the examination of accounts and financial records, the auditor general and the commissioner of

1-29

education and/or their respective designee(s) shall may make a report to the superintendent of

1-30

schools of the local education agency, the school committee chairperson, the mayor or town

1-31

manager, and the president of the town council, and/or for a charter school, to the board of

2-1

trustees or directors, as applicable, the board of regents for elementary and secondary education

2-2

in writing, specifying the nature and extent of the failure, refusal, neglect, hindrance, or

2-3

prevention, and the board of regents commissioner is hereby authorized and directed to review

2-4

the matter so reported. If the regents commissioner shall find that failure, refusal, neglect,

2-5

hindrance, or prevention exists and that the school district, regional school district, state school or

2-6

charter school should properly comply in the matter so reported, the regents commissioner shall

2-7

direct the school district, regional school district, state school or charter school, in writing, to so

2-8

comply. If the failure, refusal, neglect, hindrance, or prevention shall continue for a period of ten

2-9

(10) days following the written direction, the regents commissioner may withhold distribution of

2-10

state aid to said school district, regional school district, state school or charter school.

2-11

     (e) The department of elementary and secondary education in consultation with the

2-12

division of municipal finance shall conduct periodic reviews and analysis of school revenues and

2-13

expenses. The department shall also review and monitor compliance with the approved budget

2-14

model and best practices. The department shall identify those local education agencies considered

2-15

to be at risk of a year-end deficit or a structural deficit that could impact future years. Such

2-16

potential deficits shall be identified based on the periodic reviews, which may also include on-site

2-17

visits and reporting in accordance with the provisions of section 45-12-22.2. Potential deficits

2-18

shall be reported to the office of municipal finance, office of auditor general, superintendent,

2-19

chairman of the school committee, mayor or town manager, and the president of the town council,

2-20

of the applicable school district, regional school district, or state school, and/or for a charter

2-21

school, to the board of trustees or directors, as applicable.

2-22

     16-2-34. Central Falls School District board of trustees. -- (a) There is hereby

2-23

established a seven (7) member board of trustees, which shall govern the Central Falls School

2-24

District. With the exception of those powers and duties reserved by the commissioner of

2-25

elementary and secondary education, and the board of regents for elementary and secondary

2-26

education, the board of trustees shall have the powers and duties of school committees.

2-27

Notwithstanding any provision of law to the contrary, the commissioner of education and

2-28

secondary education, as the executive agent of the board of regents for elementary and secondary

2-29

education, is authorized to exercise in whole or in part care, control, and management over the

2-30

public schools of the Central Falls school district, whenever the commissioner deems such

2-31

intervention to be necessary and appropriate.

2-32

      (b) The board of regents for elementary and secondary education shall appoint the

2-33

members of the board of trustees from nominations made by the commissioner of elementary and

2-34

secondary education. The chairperson shall also be selected in this manner. The board of regents

3-1

shall determine the number, qualifications, and terms of office of members of the board of

3-2

trustees, provided however, that at least four (4) of the members shall be residents of the city and

3-3

parents of current or former Central Falls public school students. The remaining three (3) shall be

3-4

appointed at large.

3-5

      (c) The board of regents shall provide parameters for overall budget requests, approve

3-6

the budget, and otherwise participate in budget development.

3-7

      (d) The commissioner of elementary and secondary education shall recommend

3-8

parameters for overall budget requests, recommend a budget, and otherwise participate in budget

3-9

development.

3-10

      (e) The commissioner shall approve the process for selection of the superintendent.

3-11

      (f) The board of trustees shall meet monthly and serve without compensation. The board

3-12

of trustees shall have broad policy making authority for the operation of the school, as well as the

3-13

following powers and duties:

3-14

      (1) To identify the educational needs of the district;

3-15

      (2) To develop educational policies to meet the needs of students in the school district;

3-16

      (3) To appoint a superintendent to serve as its chief executive officer and to approve

3-17

assistant and associate superintendents from nominations made by the superintendent;

3-18

      (4) To provide policy guidance and otherwise participate in budget development; and

3-19

      (5) To develop staffing policies which ensure that all students are taught by educators of

3-20

the highest possible quality.

3-21

      (g) The superintendent shall serve at the pleasure of the board of trustees with the initial

3-22

appointment to be for a period of not more than three (3) years; provided, however, that the terms

3-23

and conditions of employment are subject to the approval of the board of regents for elementary

3-24

and secondary education.

3-25

      (h) It shall be the responsibility of the superintendent to manage and operate the school

3-26

on a day-to-day basis. The superintendent's duties shall include the following:

3-27

      (1) To be responsible for the care, supervision, and management of the schools;

3-28

      (2) To recommend to the board of trustees educational policies to meet the needs of the

3-29

district, and to implement policies established by the board of trustees;

3-30

      (3) To present nominations to the board of trustees for assistant and associate

3-31

superintendents and to appoint all other school personnel;

3-32

      (4) To provide for the evaluation of all school district personnel;

3-33

      (5) To establish a school based management approach for decision making for the

3-34

operation of the school;

4-1

      (6) To prepare a budget and otherwise participate in budget development as required,

4-2

and to authorize purchases consistent with the adopted school district budget;

4-3

      (7) To report to the board of trustees, on a regular basis, the financial condition and

4-4

operation of the schools, and to report annually on the educational progress of the schools;

4-5

      (8) To establish appropriate advisory committees as needed to provide guidance on new

4-6

directions and feedback on the operation of the schools;

4-7

      (9) With policy guidance from the board of trustees and extensive involvement of the

4-8

administrators and faculty in the school, to annually prepare a budget. The board of trustees shall

4-9

approve the budget and transmit it to the commissioner. The board of regents for elementary and

4-10

secondary education, upon recommendation of the commissioner of elementary and secondary

4-11

education, shall provide parameters for the overall budget request. Based on review and

4-12

recommendation by the commissioner, the board of regents shall approve the total budget and

4-13

incorporate it into its budget request to the governor and to the general assembly. Line item

4-14

budgeting decisions shall be the responsibility of the superintendent; and

4-15

      (10) To negotiate, along with the chairperson of the board of trustees and his or her

4-16

appointed designee, all district employment contracts, which contracts shall be subject to the

4-17

approval of the commissioner of elementary and secondary education with the concurrence of the

4-18

board of regents.

4-19

      (i) Nothing in this section shall be deemed to limit or otherwise interfere with the rights

4-20

of teachers and other school employees to bargain collectively pursuant to chapters 9.3 and 9.4 of

4-21

title 28 or to allow the board of trustees or the superintendent to abrogate any agreement by

4-22

collective bargaining.

4-23

      (j) The appointment of the special state administrator for the Central Falls School

4-24

District and the Central Falls School District Advisory Group, created by chapter 312 of the

4-25

Rhode Island Public Laws of 1991, will no longer be in effect upon the selection and appointment

4-26

of the board of trustees created in this section. All powers and duties of the special state

4-27

administrator and the Central Falls School District Advisory Group are hereby transferred and

4-28

assigned to the board of trustees created in this section, upon the selection and appointment of

4-29

that board.

4-30

     SECTION 2. Section 45-12-22.2 of the General Laws in Chapter 45-12 entitled

4-31

"Indebtedness of Towns and Cities" is hereby amended to read as follows:

4-32

     45-12-22.2. Monitoring of financial operations -- Corrective action. -- (a) The chief

4-33

financial officer of each municipality and each school district within the state shall continuously

4-34

monitor their financial operations by tracking actual versus budgeted revenue and expense.

5-1

      (b) The chief financial officer of the municipality shall submit a report on a monthly

5-2

basis to the municipality's chief executive officer, each member of the city or town council, and

5-3

school district committee certifying the status of the municipal budget from all fund sources,

5-4

including the school department budget from all fund sources, or regional school district budget

5-5

from all fund sources. The chief financial officer of the municipality shall also submit a quarterly

5-6

report on or before the 25th day of the month succeeding the end of each fiscal quarter to the

5-7

division of municipal finance, the commissioner of education, and the auditor general certifying

5-8

the status of the municipal budget, including the school budget that has been certified by the

5-9

school department. Each quarterly report submitted must be signed by the chief executive officer,

5-10

chief financial officer as well as the superintendent of the school district and chief financial

5-11

officer for the school district. The report has to be submitted to the city/town council president

5-12

and the school committee chair. It is encouraged, but not required, to have the council

5-13

president/school committee chair sign the report. The chief financial officer of the school

5-14

department or school district shall certify the status of the school district's budget and shall assist

5-15

in the preparation of these reports. The monthly and quarterly reports shall be in a format

5-16

prescribed by the division of municipal finance, the commissioner of education, and the state

5-17

auditor general. The reports shall contain a statement as to whether any actual or projected

5-18

shortfalls in budget line items are expected to result in a year-end deficit, the projected impact on

5-19

year-end financial results including all accruals and encumbrances, and how the municipality and

5-20

school district plans to address any such shortfalls. In the event that the school reporting is not

5-21

provided, then state education aid may be withheld pursuant to the provisions of section 16-2-

5-22

9.4(d).

5-23

      (c) If any of the quarterly reports required under subsection (b) above project a year-end

5-24

deficit, the chief financial officer of the municipality shall submit to the state division of

5-25

municipal finance, the commissioner of education, and the auditor general a corrective action

5-26

plan signed by the chief executive officer and chief financial officer on or before the last day of

5-27

the month succeeding the close of the fiscal quarter, which provides for the avoidance of a year-

5-28

end deficit or structural deficit that could impact future years, and the school superintendent shall

5-29

also comply with the provisions of section 16-2-11(c) to assist in this effort. The plan may

5-30

include recommendations as to whether an increase in property taxes and/or spending cuts should

5-31

be adopted to eliminate the deficit. The plan shall include a legal opinion by municipal counsel

5-32

that the proposed actions under the plan are permissible under federal, state, and local law. The

5-33

state division of municipal affairs may rely on the written representations made by the

5-34

municipality in the plan and will not be required to perform an audit.

6-1

      (d) If the division of municipal finance concludes the plan required hereunder is

6-2

insufficient and/or fails to adequately address the financial condition of the municipality, the

6-3

division of municipal finance can elect to pursue the remedies identified in section 45-12-22.7.

6-4

      (e) The reports required shall include the financial operations of any departments or

6-5

funds of municipal government including the school department or the regional school district,

6-6

notwithstanding the status of the entity as a separate legal body. This provision does not eliminate

6-7

the additional requirements placed on local and regional school districts by sections 16-2-9(f) and

6-8

16-3-11(e)(3).

6-9

     SECTION 3. Section 16-7-39 of the General Laws in Chapter 16-7 entitled “Foundation

6-10

Level School Support” is hereby amended to read as follows:

6-11

     16-7-39. Computation of school housing aid ratio. -- For each community, the percent

6-12

of state aid for school housing costs shall be computed in the following manner:

6-13

     (1) The adjusted equalized weighted assessed valuation for the district is divided by the

6-14

resident average daily membership for the district (grades twelve (12) and below); (2) the

6-15

adjusted equalized weighted assessed valuation for the state is divided by the resident average

6-16

daily membership for the state (grades twelve (12) and below); (1) is then divided by (2) and the

6-17

resultant ratio is multiplied by a factor currently set at sixty-two percent (62%) which represents

6-18

the approximate average district share of school support; the resulting product is then subtracted

6-19

from one hundred percent (100%) to yield the housing aid share ratio, provided that in no case

6-20

shall the ratio be less than thirty percent (30%). Provided, that effective July 1, 2010, and

6-21

annually at the start of each fiscal year thereafter, the thirty percent (30%) floor on said housing

6-22

aid share shall be increased by five percent (5%) increments each year until said floor on the

6-23

housing aid share ratio reaches a minimum of not less than forty percent (40%). This provision

6-24

shall apply only to school housing projects completed after June 30, 2010 that received approval

6-25

from the board of regents prior to June 30, 2012. Provided further, for the fiscal year beginning

6-26

July 1, 2012 and for subsequent fiscal years, the minimum housing aid share shall be thirty-five

6-27

percent (35%) for all projects receiving board of regents approval after June 30, 2012. The

6-28

resident average daily membership shall be determined in accordance with § 16-7-22(1).

6-29

     SECTION 4. Section 16-7.2-6 of the General Laws in Chapter 35-4 entitled “The

6-30

Education Equity and Property Tax Relief Act” is hereby amended to read as follows:

6-31

     16-7.2-6. Categorical programs, state funded expenses. -- In addition to the foundation

6-32

education aid provided pursuant to § 16-7.2-3 the permanent foundation education aid program

6-33

shall provide direct state funding for:

7-34

     (a) Excess costs associated with special education students. Excess costs are defined

7-35

when an individual special education student's cost shall be deemed to be "extraordinary."

7-36

Extraordinary costs are those educational costs that exceed the state approved threshold based on

7-37

an amount above five times the core foundation amount (total of core instruction amount plus

7-38

student success amount). The department of elementary and secondary education shall prorate the

7-39

funds available for distribution among those eligible school districts if the total approved costs for

7-40

which school districts are seeking reimbursement exceed the amount of funding appropriated in

7-41

any fiscal year;

7-42

     (b) Career and technical education costs to help meet initial investment requirements

7-43

needed to transform existing or create new comprehensive career and technical education

7-44

programs and career pathways in critical and emerging industries and to help offset the higher

7-45

than average costs associated with facilities, equipment maintenance and repair, and supplies

7-46

necessary for maintaining the quality of highly specialized programs that are a priority for the

7-47

state. The department shall recommend criteria for the purpose of allocating any and all career

7-48

and technical education funds as may be determined by the general assembly on an annual basis.

7-49

The department of elementary and secondary education shall prorate the funds available for

7-50

distribution among those eligible school districts if the total approved costs for which school

7-51

districts are seeking reimbursement exceed the amount of funding available in any fiscal year;

7-52

     (c) Programs to increase access to voluntary, free, high-quality pre-kindergarten

7-53

programs. The department shall recommend criteria for the purpose of allocating any and all early

7-54

childhood program funds as may be determined by the general assembly;

7-55

     (d) Central Falls Stabilization Fund is established to assure that appropriate funding is

7-56

available to support the community, including students from the community that attend the

7-57

charter schools, Davies, and the Met Center pursuant to § 16-7.2-5, due to concerns regarding the

7-58

city's capacity to meet the local share of education costs. This fund requires that education aid

7-59

calculated pursuant to section 16-7.2-3 and funding for costs outside the permanent foundation

7-60

education aid formula, including but not limited to transportation, facility maintenance, and

7-61

retiree health benefits, that the difference between education aid calculated pursuant to § 16-7.2-3

7-62

and education aid, as of the effective date of the formula, shall be shared between the state and

7-63

the city of Central Falls. The state's share of the fund will be paid directly to the Central Falls

7-64

school district upon verification that the city has transferred its share of the local contribution for

7-65

education. The fund shall be annually reviewed to determine the amount of the state and city

7-66

appropriation. The state's share of this fund may be supported through a reallocation of current

7-67

state appropriations to the Central Falls school district. At the end of the transition period defined

7-68

in § 16-7.2-7, the municipality will continue its contribution pursuant to § 16-7-24; and

8-1

     (e) Excess costs associated with transporting students to out of district non-public schools

8-2

and within regional school districts. (1) This fund will provide state funding for the costs

8-3

associated with transporting students to out of district non-public schools, pursuant to title 16,

8-4

Chapter 21.1. The state will assume the costs of non-public out-of-district transportation for those

8-5

districts participating in the statewide system; and (2) This fund will provide direct state funding

8-6

for the excess costs associated with transporting students within regional school districts,

8-7

established pursuant to title 16, chapter 3. This fund requires that the state and regional school

8-8

district share equally the student transportation costs net any federal sources of revenue for these

8-9

expenditures. The department of elementary and secondary education shall prorate the funds

8-10

available for distribution among those eligible school districts if the total approved costs for

8-11

which school districts are seeking reimbursement exceed the amount of funding available in any

8-12

fiscal year.

8-13

     (f) Public school districts that are regionalized shall be eligible for a regionalization

8-14

bonus as set forth below.

8-15

     (1) As used herein, the term "regionalized" shall be deemed to refer to a regional school

8-16

district established under the provisions of chapter 16-3 including the Chariho Regional School

8-17

district.

8-18

     (2) For those districts that are regionalized as of July 1, 2010, the regionalization bonus

8-19

shall commence in FY 2012. For those districts that regionalize after July 1, 2010, the

8-20

regionalization bonus shall commence in the first fiscal year following the establishment of a

8-21

regionalized school district as set forth section 16-3, including the Chariho Regional School

8-22

District.

8-23

     (3) The regionalization bonus in the first fiscal year shall be two percent (2.0%) of the

8-24

state's share of the foundation education aid for the regionalized district as calculated pursuant to

8-25

§§ 16-7.2-3 and 16-7.2-4 in that fiscal year.

8-26

     (4) The regionalization bonus in the second fiscal year shall be one percent (1.0%) of the

8-27

state's share of the foundation education aid for the regionalized district as calculated pursuant to

8-28

§§ 16-7.2-3 and 16-7.2-4 in that fiscal year.

8-29

     (5) The regionalization bonus shall cease in the third fiscal year.

8-30

     (6) The regionalization bonus for the Chariho regional school district shall be applied to

8-31

the state share of the permanent foundation education aid for the member towns.

8-32

     (7) The department of elementary and secondary education shall prorate the funds

8-33

available for distribution among those eligible regionalized school districts if the total approve

8-34

costs for which regionalized school districts are seeking a regionalization bonus exceed the

9-1

amount of funding appropriated in any fiscal year.

9-2

     (g) Categorical programs defined in (a) through (f) shall be funded pursuant to the

9-3

transition plan in § 16-7.2-7.

9-4

     SECTION 5. Sections 16-7-17 and 16-7-38 of the General Laws in Chapter 16-7 entitled

9-5

"Foundation Level School Support" are hereby amended to read as follows:

9-6

     16-7-17. Time of payment of state's share of the basic program and approved

9-7

expenditures. -- There shall be paid by the state to each community in twelve (12) monthly

9-8

installments an amount as determined by law to be the state's share of the cost of the basic

9-9

program for the reference year and all approved expenditures in excess of the basic program for

9-10

the reference year, provided, however, that these payments to a community shall be reduced by

9-11

the amount of funds deposited by the department into the local education agency EPSDT account

9-12

in accordance with section 40-8-18 on behalf of the community. The July and August payments

9-13

payment shall be two and one half percent (2 1/2%) two and fifty-four hundredths percent

9-14

(2.54%) of the state's share based upon the estimated pupil data, valuation data, and expenditure

9-15

data for the reference year and the September August through June payments shall each be nine

9-16

and one half percent (9 1/2%) eight and eighty-six hundredths percent (8.86%) of the aid due and

9-17

payable based upon the data for the reference year, except for the city of East Providence which

9-18

shall be paid during October and April in accordance with chapter 344 of the Public Laws of

9-19

1982.

9-20

     16-7-38. Time for payments to communities. -- There shall be paid during October and

9-21

April on September 15 and March 15 of each year one-half (1/2) of the amount to which each

9-22

community is entitled in terms of the computation in section 16-7-41.

9-23

     SECTION 6. Section 16-7-23 of the General Laws in Chapter 16-7 entitled "Foundation

9-24

Level School Support" is hereby amended to read as follows:

9-25

     16-7-23. Community requirements -- Adequate minimum budget provision. -- (a)

9-26

The school committee's budget provisions of each community for current expenditures in each

9-27

budget year shall provide for an amount from all sources sufficient to support the basic program

9-28

and all other approved programs shared by the state. Each community shall contribute local funds

9-29

to its school committee in an amount not less than its local contribution for schools in the

9-30

previous fiscal year except to the extent permitted by section sections 16-7-23.1 and 16-7-23.2.

9-31

Provided, that for the fiscal years 2010 and 2011 each community shall contribute to its school

9-32

committee in an amount not less than ninety-five percent (95.0%) of its local contribution for

9-33

schools for the fiscal year 2009. Calculation of the annual local contribution shall not include

9-34

Medicaid revenues received by the municipality or district pursuant to chapter 8 of title 40. A

10-1

community which has a decrease in enrollment may compute maintenance of effort on a per pupil

10-2

rather than on an aggregate basis when determining its local contribution; furthermore, a

10-3

community which experiences a nonrecurring expenditure for its schools may deduct the

10-4

nonrecurring expenditure in computing its maintenance of effort. The deduction of nonrecurring

10-5

expenditures shall be with the approval of the commissioner. Provided, however, that

10-6

notwithstanding any provision of this title to the contrary, debt service that is no longer carried on

10-7

the books of any school district shall not be included in any school districts’ annual budget, nor

10-8

shall non-recurring debt service be included in maintenance of effort as set forth in this chapter,

10-9

nor shall any non-recruiting debt service be included in the operating budget of any school

10-10

district. For the purposes set forth above non-recurring capital lease payments shall be considered

10-11

non-recurring debt service. The courts of this state shall enforce this section by writ of mandamus

10-12

means of injunctive relief.

10-13

      (b) Whenever any state funds are appropriated for educational purposes, the funds shall

10-14

be used for educational purposes only and all state funds appropriated for educational purposes

10-15

must be used to supplement any and all money allocated by a city or town for educational

10-16

purposes and, in no event, shall state funds be used to supplant, directly or indirectly, any money

10-17

allocated by a city or town for educational purposes. All state funds shall be appropriated by the

10-18

municipality to the school committee for educational purposes in the same fiscal year in which

10-19

they are appropriated at the state level even if the municipality has already adopted a school

10-20

budget. All state and local funds unexpended by the end of the fiscal year of appropriation shall

10-21

remain a surplus of the school committee and shall not revert to the municipality. Any surplus of

10-22

state or local funds appropriated for educational purposes shall not in any respect affect the

10-23

requirement that each community contribute local funds in an amount not less than its local

10-24

contribution for schools in the previous fiscal year, subject to subsection (a) of this section, and

10-25

shall not in any event be deducted from the amount of the local appropriation required to meet the

10-26

maintenance of effort provision in any given year.

10-27

     SECTION 7. Chapter 16-7 of the General Laws entitled "Foundation Level School

10-28

Support" is hereby amended by adding thereto the following section:

10-29

     16-7-23.2. School deficit reduction -- Maintenance of effort provision. – A city, town,

10-30

or regional school district appropriating authority may appropriate supplemental funds to

10-31

eliminate or reduce a school budget deficit. To the extent that such a supplemental appropriation

10-32

represents payment of past annual expenditure, the payment shall not be used in the computation

10-33

of the maintenance of effort requirements established by section 16-7-23.

11-34

     SECTION 8. Chapter 16-25 of the General Laws entitled "EDUCATION OF

11-35

CHILDREN WHO ARE DEAF OR BLIND" is hereby repealed in its entirety.

11-36

     CHAPTER 16-25

11-37

Education of Children Who are Deaf or Blind

11-38

     16-25-1. Appointment of state beneficiaries at special institutions. -- The governor, on

11-39

recommendation of the department of elementary and secondary education and upon application

11-40

of the parent or guardian, may appoint any child who is deaf, blind, or visually impaired being a

11-41

legal resident of this state, who shall appear to the department to be a fit subject for education, as

11-42

a state beneficiary at any suitable institution or school now established or that may be established

11-43

either within or without the state, for the period that he or she may determine, within the limit of

11-44

ten (10) years; provided, that he or she may, upon the special recommendation of the department,

11-45

extend the period and that he or she shall have the power to revoke any appointment at any time

11-46

for cause.

11-47

     16-25-2. Supervision of beneficiaries -- Reports to general assembly. -- The

11-48

department of elementary and secondary education is invested with the duty and responsibility of

11-49

supervising the education of all those beneficiaries, and no child appointed as provided in section

11-50

16-25-1 shall be withdrawn from any institution or school except with its consent, or the consent

11-51

of the governor; and the department shall annually report its doings under this chapter to the

11-52

general assembly, with any further information in relation to the several institutions at which

11-53

these beneficiaries have been placed that may be deemed desirable.

11-54

     16-25-3. Repealed.. --

11-55

     16-25-4. Care and instruction of children who are blind or visually impaired under

11-56

school age. -- The department of elementary and secondary education shall have power to

11-57

provide for the suitable care, maintenance, and instruction of babies and children under school

11-58

age residing in this state who may be born blind or become blind or visually impaired, in any case

11-59

where by reason of lack of means or other cause the parent or parents of the children may be

11-60

unable to properly care for, maintain, and educate the children.

11-61

     16-25-5. Contracts for care of children who are blind or visually impaired. -- For the

11-62

purpose of providing care, maintenance, and education of children who are blind or visually

11-63

impaired, the department of elementary and secondary education shall have power to contract

11-64

with any institution having or furnishing special education and related services in this or any

11-65

other state at a contract price within the amount appropriated.

11-66

     16-25-6. Payment of expenses of chapter. -- Each community, as defined in chapter 7 of

11-67

this title, shall contribute to the department of elementary and secondary education in accordance

11-68

with regulations to be prescribed by the department.

12-1

     16-25-7. Repealed.. --

12-2

     SECTION 9. Section 16-3.1-11 of the General Laws in Chapter 16-3.1 entitled

12-3

"Cooperative Service Among School Districts" is hereby amended to read as follows:

12-4

     16-3.1-11. Urban collaborative. -- Notwithstanding the provisions of any general or

12-5

special law to the contrary, the school committees of the cities of Providence, Pawtucket, East

12-6

Providence, Central Falls and other Rhode Island school districts as may be approved for

12-7

inclusion by existing member districts in accordance with collaborative bylaws are authorized and

12-8

empowered to continue and/or initiate cooperative efforts to provide alternate education programs

12-9

and/or diagnostic services required by law or regulation for students achieving limited success in

12-10

traditional settings and to do all things necessary including, but not limited to utilization of

12-11

technology, including television, all on a collaborative basis. The various school committees may

12-12

assign and delegate to their respective school committee chairs or designee or superintendents of

12-13

schools or designee, acting as a regional board any duties, responsibilities, and powers that the

12-14

committees may deem necessary for the conduct, administration, and management of the urban

12-15

collaborative. Beginning on July 1, 2013 the urban collaborative shall be funded pursuant to the

12-16

provisions of section 16-7.2-3. The state share of the permanent foundation education aid shall be

12-17

paid directly to the urban collaborative pursuant to the provisions of section 16-7.2-7. The local

12-18

school district shall transfer the difference between the calculated state share of the permanent

12-19

foundation education aid and the amount calculated pursuant to the provisions of section 16-7.2-7

12-20

to the urban collaborative, until the transition of the state share is complete. In addition, the local

12-21

school district shall pay the local share of education funding to the urban collaborative as outlined

12-22

in section 16-7.2-5.

12-23

     SECTION 10. This article shall take effect on July 1, 2012.

     

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art.013/2/027/1

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1-1

ARTICLE 13

1-2

RELATING TO HISTORIC PRESERVATION TAX CREDIT TRUST FUND

1-3

     SECTION 1. Section 44-33.2-4.1 of the General Laws in Chapter 44-33.2 entitled

1-4

“Historic Structures – Tax Credit” is hereby amended to read as follows:

1-5

     44-33.2-4.1. Historic preservation tax credit trust fund. -- All processing fees

1-6

collected pursuant to this chapter after June 30, 2008 shall be deposited in a historic preservation

1-7

tax credit restricted receipt account within the state general historic preservation tax credit trust

1-8

fund, which shall be used, to the extent resources are available, to fund historic structure tax

1-9

credits taken by taxpayers to refund or reimburse historic tax credit processing fees paid by

1-10

developers as certified by the division of taxation.

1-11

     SECTION 2. This article shall take effect upon passage.

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art.014/3/014/2/014/1

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1-1

ARTICLE 14

1-2

RELATING TO RESTRICTED RECEIPT ACCOUNTS

1-3

     SECTION 1. Section 35-4-27 of the General Laws in Chapter 35-4 entitled “State Funds”

1-4

is hereby amended to read as follows:

1-5

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

1-6

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

1-7

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

1-8

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

1-9

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

1-10

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

1-11

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

1-12

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

1-13

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

1-14

     Department of Human Services

1-15

     Veterans' home – Restricted account

1-16

     Veterans' home – Resident benefits

1-17

     Organ transplant fund

1-18

     Veteran's Cemetery Memorial Fund

1-19

     Department of Health

1-20

     Pandemic medications and equipment account

1-21

     Department of Mental Health, Retardation and Hospitals

1-22

     Eleanor Slater non-Medicaid third-party payor account

1-23

     Hospital Medicare Part D Receipts

1-24

     RICLAS Group Home Operations

1-25

     Vigneron Memorial Fund Grant

1-26

     Department of Environmental Management

1-27

     National heritage revolving fund

1-28

     Environmental response fund II

1-29

     Underground storage tanks registration fees

1-30

     Rhode Island Council on the Arts

2-31

     Art for public facilities fund

2-32

     Rhode Island Foundation Grant

2-33

     Rhode Island Historical Preservation and Heritage Commission

2-34

     Historic preservation revolving loan fund

2-35

     Historic Preservation loan fund – Interest revenue

2-36

     Department of Public Safety

2-37

     Forfeited property – Retained

2-38

     Forfeitures – Federal

2-39

     Forfeited property – Gambling

2-40

     Donation – Polygraph and Law Enforcement Training

2-41

     Rhode Island State Firefighter’s League Training Account

2-42

     Fire Academy Training Fees Account

2-43

     Attorney General

2-44

     Forfeiture of property

2-45

     Federal forfeitures

2-46

     Attorney General multi-state account

2-47

     Department of Administration

2-48

     Office of Management and Budget

2-49

     Information Technology Investment Fund

2-50

     Restore and replacement – Insurance coverage

2-51

     Convention Center Authority rental payments

2-52

     Investment Receipts – TANS

2-53

     Car Rental Tax/Surcharge-Warwick Share

2-54

     OPEB System Restricted Receipt Account

2-55

     ARRA Administrative Expenses – Bureau of Audits

2-56

     ARRA Administrative Expenses – Purchasing

2-57

     Legislature

2-58

     Audit of federal assisted programs

2-59

     Department of Elderly Affairs

2-60

     Pharmaceutical Rebates Account

2-61

     Department of Children Youth and Families

2-62

     Children's Trust Accounts – SSI

2-63

     Military Staff

2-64

     RI Military Family Relief Fund

3-65

     RI National Guard Counterdrug Program

3-66

     Treasury

3-67

     Admin. Expenses – State Retirement System

3-68

     Retirement – Treasury Investment Options

3-69

     Business Regulation

3-70

     Banking Division Reimbursement Account

3-71

     Office of the Health Insurance Commissioner Reimbursement Account

3-72

     Securities Division Reimbursement Account

3-73

     Commercial Licensing and Racing and Athletics Division Reimbursement Account

3-74

     Insurance Division Reimbursement Account

3-75

     Historic Preservation Tax Credit Account.

3-76

     Judiciary

3-77

     Arbitration Fund Restricted Receipt Account

3-78

     Department of Elementary and Secondary Education

3-79

     Statewide Student Transportation Services Account

3-80

     School for the Deaf Fee for Service Account

3-81

     Davies Career and Technical School Local Education Aid Account

3-82

     Early Childhood Grant Program Account

3-83

     Office of the Governor

3-84

     ARRA Administrative Expenses – Office of Economic Recovery and ReInvestment

3-85

     Department of Labor and Training

3-86

     Job Development Fund – Title XII loans principal and interest

3-87

     SECTION 2. Chapter 16-48 of the General Laws entitled “Education Services to Very

3-88

Young Children” is hereby amended by adding thereto the following section:

3-89

     16-48-9. Non-governmental funding for early childhood education. -- There is hereby

3-90

established in the department of elementary and secondary education an early childhood

3-91

education program restricted receipt account referred to as “Early Childhood Grant Program

3-92

Account.” The department of elementary and secondary education shall deposit into this account

3-93

any funds received from non-governmental sources for the purpose of funding early childhood

3-94

education programs. All such sums deposited shall be exempt from the indirect cost recovery

3-95

provisions of section 35-4-27.

3-96

     SECTION 3. This article shall take effect upon passage and shall apply retroactively to

3-97

July 1, 2011, except for Section 3 which shall apply retroactively to November 18, 2011.

     

=======

art.015/4/015/3/015/2/015/1

=======

1-1

ARTICLE 15

1-2

RELATING TO HOSPITAL UNCOMPENSATED CARE

1-3

     SECTION 1. Sections 40-8.3-2 and 40-8.3-3 of the General Laws in Chapter 40-8.3

1-4

entitled “Uncompensated Care” are hereby amended to read as follows:

1-5

     40-8.3-2. Definitions. -- As used in this chapter:

1-6

     (1) "Base year" means for the purpose of calculating a disproportionate share payment for

1-7

any fiscal year ending after September 30, 2010 2011, the period from October 1, 2008 2009

1-8

through September 30, 2009 2010, and for any fiscal year ending after September 30, 2011 2012,

1-9

the period from October 1, 2009 2010 through September 30, 2010 2011.

1-10

     (2) "Medical assistance inpatient utilization rate for a hospital" means a fraction

1-11

(expressed as a percentage) the numerator of which is the hospital's number of inpatient days

1-12

during the base year attributable to patients who were eligible for medical assistance during the

1-13

base year and the denominator of which is the total number of the hospital's inpatient days in the

1-14

base year.

1-15

      (3) "Participating hospital" means any nongovernment and nonpsychiatric hospital that:

1-16

(i) was licensed as a hospital in accordance with chapter 17 of title 23 during the base year; (ii)

1-17

achieved a medical assistance inpatient utilization rate of at least one percent (1%) during the

1-18

base year; and (iii) continues to be licensed as a hospital in accordance with chapter 17 of title 23

1-19

during the payment year.

1-20

     (4) "Uncompensated care costs" means, as to any hospital, the sum of: (i) the cost

1-21

incurred by such hospital during the base year for inpatient or outpatient services attributable to

1-22

charity care (free care and bad debts) for which the patient has no health insurance or other third-

1-23

party coverage less payments, if any, received directly from such patients; and (ii) the cost

1-24

incurred by such hospital during the base year for inpatient or out-patient services attributable to

1-25

Medicaid beneficiaries less any Medicaid reimbursement received therefor; multiplied by the

1-26

uncompensated care index.

1-27

     (5) "Uncompensated care index" means the annual percentage increase for hospitals

1-28

established pursuant to § 27-19-14 for each year after the base year, up to and including the

1-29

payment year, provided, however, that the uncompensated care index for the payment year ending

1-30

September 30, 2007 shall be deemed to be five and thirty-eight hundredths percent (5.38%), and

1-31

that the uncompensated care index for the payment year ending September 30, 2008 shall be

2-1

deemed to be five and forty-seven hundredths percent (5.47%), and that the uncompensated care

2-2

index for the payment year ending September 30, 2009 shall be deemed to be five and thirty-eight

2-3

hundredths percent (5.38%), and that the uncompensated care index for the payment years ending

2-4

September 30, 2010, September 30, 2011, and September 30, 2012 and September 30, 2013 shall

2-5

be deemed to be five and thirty hundredths percent (5.30%).

2-6

     40-8.3-3. Implementation. -- (a) For the fiscal year commencing on October 1, 2009 and

2-7

ending September 30, 2010, the department of human services shall submit to the Secretary of the

2-8

U.S. Department of Health and Human Services a state plan amendment to the Rhode Island

2-9

Medicaid state plan for disproportionate share hospital payments (DSH Plan) to provide:

2-10

     (1) That the disproportionate share hospital payments to all participating hospitals not to

2-11

exceed an aggregate limit of $117.8 million, to be allocated by the department to the Pool A, Pool

2-12

C and Pool D components of the DSH Plan;

2-13

     (2) That the Pool D allotment shall be distributed among the participating hospitals in

2-14

direct proportion to the individual participating hospital's uncompensated care costs for the base

2-15

year, inflated by the uncompensated care index to the total uncompensated care costs for the base

2-16

year inflated by uncompensated care index for all participating hospitals. The disproportionate

2-17

share payments shall be made on or before July 12, 2010 and are expressly conditioned upon

2-18

approval on or before July 5, 2010 by the Secretary of the U.S. Department of Health and Human

2-19

Services, or his or her authorized representative, of all Medicaid state plan amendments necessary

2-20

to secure for the state the benefit of federal financial participation in federal fiscal year 2010 for

2-21

the disproportionate share payments.

2-22

     (b)(a) For the fiscal year commencing on October 1, 2010 and ending September 30,

2-23

2011, the department of human services shall submit to the Secretary of the U.S. Department of

2-24

Health and Human Services a state plan amendment to the Rhode Island Medicaid state plan for

2-25

disproportionate share hospital payments (DSH Plan) to provide:

2-26

     (1) That the disproportionate share hospital payments to all participating hospitals not to

2-27

exceed an aggregate limit of $125.4 million, to be allocated by the department to the Pool A, Pool

2-28

C and Pool D components of the DSH Plan;

2-29

     (2) That the Pool D allotment shall be distributed among the participating hospitals in

2-30

direct proportion to the individual participating hospital's uncompensated care costs for the base

2-31

year, inflated by the uncompensated care index to the total uncompensated care costs for the base

2-32

year inflated by uncompensated care index for all participating hospitals. The disproportionate

2-33

share payments shall be made on or before July 18, 2011 and are expressly conditioned upon

2-34

approval on or before July 11, 2011 by the Secretary of the U.S. Department of Health and

3-1

Human Services, or his or her authorized representative, of all Medicaid state plan amendments

3-2

necessary to secure for the state the benefit of federal financial participation in federal fiscal year

3-3

2011 for the disproportionate share payments.

3-4

     (c)(b) For the fiscal year commencing on October 1, 2011 and ending September 30,

3-5

2012, the executive office of health and human services shall submit to the Secretary of the U.S.

3-6

Department of Health and Human Services a state plan amendment to the Rhode Island Medicaid

3-7

state plan for disproportionate share hospital payments (DSH Plan) to provide:

3-8

     (1) That the disproportionate share hospital payments to all participating hospitals, not to

3-9

exceed an aggregate limit of $129.8 $126.2 million, shall be allocated by the executive office of

3-10

health and human services to the Pool A, Pool C and Pool D components of the DSH Plan; and,

3-11

     (2) That the Pool D allotment shall be distributed among the participating hospitals in

3-12

direct proportion to the individual participating hospital's uncompensated care costs for the base

3-13

year, inflated by the uncompensated care index to the total uncompensated care costs for the base

3-14

year inflated by uncompensated care index for all participating hospitals. The disproportionate

3-15

share payments shall be made on or before July 16, 2012 and are expressly conditioned upon

3-16

approval on or before July 9, 2012 by the Secretary of the U.S. Department of Health and Human

3-17

Services, or his or her authorized representative, of all Medicaid state plan amendments necessary

3-18

to secure for the state the benefit of federal financial participation in federal fiscal year 2012 for

3-19

the disproportionate share payments.

3-20

     (c) For federal fiscal year 2013, commencing on October 1, 2012 and ending September

3-21

30, 2013, the executive office of health and human services shall submit to the Secretary of the

3-22

U.S. Department of Health and Human Services a state plan amendment to the Rhode Island

3-23

Medicaid state plan for disproportionate share hospital payments (DSH Plan) to provide:

3-24

     (1) That the disproportionate share hospital payments to all participating hospitals, not to

3-25

exceed an aggregate limit of $128.3 million, shall be allocated by the executive office of health

3-26

and human services to the Pool A, Pool C and Pool D components of the DSH Plan; and,

3-27

     (2) That the Pool D allotment shall be distributed among the participating hospitals in

3-28

direct proportion to the individual participating hospital's uncompensated care costs for the base

3-29

year, inflated by the uncompensated care index to the total uncompensated care costs for the base

3-30

year inflated by uncompensated care index for all participating hospitals. The disproportionate

3-31

share payments shall be made on or before July 15, 2013 and are expressly conditioned upon

3-32

approval on or before July 8, 2013 by the Secretary of the U.S. Department of Health and Human

3-33

Services, or his or her authorized representative, of all Medicaid state plan amendments necessary

3-34

to secure for the state the benefit of federal financial participation in federal fiscal year 2013 for

4-1

the disproportionate share payments.

4-2

     (d) No provision is made pursuant to this chapter for disproportionate share hospital

4-3

payments to participating hospitals for uncompensated care costs related to graduate medical

4-4

education programs.

4-5

     SECTION 2. Chapter 40-8.3 of the General Laws entitled "Uncompensated Care" is

4-6

hereby amended by adding thereto the following section:

4-7

     40-8.3-10. Outpatient adjustment payments. – Effective July 1, 2012 and for each

4-8

subsequent year, the executive office of health and human services is hereby authorized and

4-9

directed to amend its regulations for reimbursement to hospitals for outpatient services as

4-10

follows:

4-11

     (a) Each hospital in the state of Rhode Island, as defined in subdivision 23-17-

4-12

38.19(b)(1), shall receive a quarterly adjustment payment each state fiscal year of an amount

4-13

determined as follows:

4-14

     (1) Determine the percent of the state’s total Medicaid outpatient and emergency

4-15

department services (exclusive of physician services) provided by each hospital during each

4-16

hospital’s prior fiscal year;

4-17

     (2) Determine the sum of all Medicaid payments to hospitals made for outpatient and

4-18

emergency department services (exclusive of physician services) provided during each hospital’s

4-19

prior fiscal year;

4-20

     (3) Multiply the sum of all Medicaid payments as determined in subdivision (2) by

4-21

seventy-four and ninety-seven hundredths percent (74.97%) and then multiply that result by each

4-22

hospital’s percentage of the state’s total Medicaid outpatient and emergency department services

4-23

as determined in subdivision (1) to obtain the total outpatient adjustment for each hospital to be

4-24

paid each year;

4-25

     (4) Pay each hospital on or before July 20, October 20, January 20, and April 20 one

4-26

quarter (1/4) of its total outpatient adjustment as determined in subdivision (3) above.

4-27

     (b) The amounts determined in subsection (a) are in addition to Medicaid outpatient

4-28

payments and emergency services payments (exclusive of physician services) paid to hospitals in

4-29

accordance with current state regulation and the Rhode Island Plan for Medicaid Assistance

4-30

pursuant to Title XIX of the Social Security Act and are not subject to recoupment or settlement.

4-31

     SECTION 3. This article shall take effect upon passage.

=======

art.016/6/016/5/016/4/016/3/016/2/026/1

=======

1-1

ARTICLE 16

1-2

RELATING TO MUNICIPALITIES

1-3

     SECTION 1. Section 42-61.2-7 of the General Laws in Chapter 42-61.2 entitled “Video

1-4

Lottery Terminal” is hereby amended to read as follows:

1-5

     42-61.2-7. Division of revenue.-- (a) Notwithstanding the provisions of § 42-61-15, the

1-6

allocation of net terminal income derived from video lottery games is as follows:

1-7

     (1) For deposit in the general fund and to the state lottery division fund for administrative

1-8

purposes: Net terminal income not otherwise disbursed in accordance with subdivisions (a)(2) –

1-9

(a)(6) herein;

1-10

     (i) Except for the fiscal year ending June 30, 2008, nineteen one hundredths of one

1-11

percent (0.19%) up to a maximum of twenty million dollars ($20,000,000) shall be equally

1-12

allocated to the distressed communities as defined in § 45-13-12 provided that no eligible

1-13

community shall receive more than twenty-five percent (25%) of that community's currently

1-14

enacted municipal budget as its share under this specific subsection. Distributions made under

1-15

this specific subsection are supplemental to all other distributions made under any portion of

1-16

general laws § 45-13-12. For the fiscal year ending June 30, 2008 distributions by community

1-17

shall be identical to the distributions made in the fiscal year ending June 30, 2007 and shall be

1-18

made from general appropriations. For the fiscal year ending June 30, 2009, the total state

1-19

distribution shall be the same total amount distributed in the fiscal year ending June 30, 2008 and

1-20

shall be made from general appropriations. For the fiscal year ending June 30, 2010, the total

1-21

state distribution shall be the same total amount distributed in the fiscal year ending June 30,

1-22

2009 and shall be made from general appropriations, provided however that $784,458 of the total

1-23

appropriation shall be distributed equally to each qualifying distressed community. For each of

1-24

the fiscal years ending June 30, 2011, and June 30, 2012, and June 30, 2013 seven hundred

1-25

eighty-four thousand four hundred fifty-eight dollars ($784,458) of the total appropriation shall

1-26

be distributed equally to each qualifying distressed community.

1-27

      (ii) Five one hundredths of one percent (0.05%) up to a maximum of five million dollars

1-28

($5,000,000) shall be appropriated to property tax relief to fully fund the provisions of § 44-33-

1-29

2.1. The maximum credit defined in subdivision 44-33-9(2) shall increase to the maximum

1-30

amount to the nearest five dollar ($5.00) increment within the allocation until a maximum credit

1-31

of five hundred dollars ($500) is obtained. In no event shall the exemption in any fiscal year be

2-1

less than the prior fiscal year.

2-2

     (iii) One and twenty-two one hundredths of one percent (1.22%) to fund § 44-34.1-1,

2-3

entitled "Motor Vehicle and Trailer Excise Tax Elimination Act of 1998", to the maximum

2-4

amount to the nearest two hundred fifty dollar ($250) increment within the allocation. In no event

2-5

shall the exemption in any fiscal year be less than the prior fiscal year.

2-6

      (iv) Except for the fiscal year ending June 30, 2008, ten one hundredths of one percent

2-7

(0.10%) to a maximum of ten million dollars ($10,000,000) for supplemental distribution to

2-8

communities not included in paragraph (a)(1)(i) above distributed proportionately on the basis of

2-9

general revenue sharing distributed for that fiscal year. For the fiscal year ending June 30, 2008

2-10

distributions by community shall be identical to the distributions made in the fiscal year ending

2-11

June 30, 2007 and shall be made from general appropriations. For the fiscal year ending June 30,

2-12

2009, no funding shall be disbursed. For the fiscal year ending June 30, 2010 and thereafter,

2-13

funding shall be determined by appropriation.

2-14

     (2) To the licensed video lottery retailer:

2-15

     (a)(i) Prior to the effective date of the NGJA Master Contract, Newport Jai Ali twenty-six

2-16

percent (26%) minus three hundred eighty four thousand nine hundred ninety-six dollars

2-17

($384,996);

2-18

     (ii) On and after the effective date of the NGJA Master Contract, to the licensed video

2-19

lottery retailer who is a party to the NGJA Master Contract, all sums due and payable under said

2-20

Master Contract minus three hundred eighty four thousand nine hundred ninety-six dollars

2-21

($384,996).

2-22

     (b)(i) Prior to the effective date of the UTGR Master Contract, to the present licensed

2-23

video lottery retailer at Lincoln Park which is not a party to the UTGR Master Contract, twenty-

2-24

eight and eighty-five one hundredths percent (28.85%) minus seven hundred sixty-seven

2-25

thousand six hundred eighty-seven dollars ($767,687);

2-26

     (ii) On and after the effective date of the UTGR Master Contract, to the licensed video

2-27

lottery retailer who is a party to the UTGR Master Contract, all sums due and payable under said

2-28

Master Contract minus seven hundred sixty-seven thousand six hundred eighty-seven dollars

2-29

($767,687).

2-30

     (3)(i) To the technology providers who are not a party to the GTECH Master Contract as

2-31

set forth and referenced in Public Law 2003, Chapter 32, seven percent (7%) of the net terminal

2-32

income of the provider's terminals; in addition thereto, technology providers who provide

2-33

premium or licensed proprietary content or those games that have unique characteristics such as

2-34

3D graphics, unique math/game play features or merchandising elements to video lottery

3-1

terminals may receive incremental compensation, either in the form of a daily fee or as an

3-2

increased percentage, if all of the following criteria are met:

3-3

     (A) A licensed video lottery retailer has requested the placement of premium or licensed

3-4

proprietary content at its licensed video lottery facility;

3-5

     (B) The division of lottery has determined in its sole discretion that the request is likely to

3-6

increase net terminal income or is otherwise important to preserve or enhance the competiveness

3-7

of the licensed video lottery retailer;

3-8

     (C) After approval of the request by the division of lottery, the total number of premium

3-9

or licensed propriety content video lottery terminals does not exceed ten percent (10%) of the

3-10

total number of video lottery terminals authorized at the respective licensed video lottery retailer;

3-11

and

3-12

     (D) All incremental costs are shared between the division and the respective licensed

3-13

video lottery retailer based upon their proportionate allocation of net terminal income. The

3-14

division of lottery is hereby authorized to amend agreements with the licensed video lottery

3-15

retailers, or the technology providers, as applicable, to effect the intent herein.

3-16

     (ii) To contractors who are a party to the Master Contract as set forth and referenced in

3-17

Public Law 2003, Chapter 32, all sums due and payable under said Master Contract;

3-18

     (iii) Notwithstanding paragraphs (i) and (ii) above, there shall be subtracted

3-19

proportionately from the payments to technology providers the sum of six hundred twenty-eight

3-20

thousand seven hundred thirty-seven dollars ($628,737);

3-21

     (4) To the city of Newport one and one hundredth percent (1.01%) of net terminal income

3-22

of authorized machines at Newport Grand except that effective November 9, 2009 until June 30,

3-23

2012, the allocation shall be one and two tenths percent (1.2%) of net terminal income of

3-24

authorized machines at Newport Grand for each week the facility operates video lottery games on

3-25

a twenty-four (24) hour basis for all eligible hours authorized and to the town of Lincoln one and

3-26

twenty-six hundredths percent (1.26%) of net terminal income of authorized machines at Lincoln

3-27

Park except that effective November 9, 2009 until June 30, 2012, the allocation shall be one and

3-28

forty-five hundredths percent (1.45%) of net terminal income of authorized machines at Lincoln

3-29

Park for each week the facility operates video lottery games on a twenty-four (24) hour basis for

3-30

all eligible hours authorized; and

3-31

     (5) To the Narragansett Indian Tribe, seventeen hundredths of one percent (0.17%) of net

3-32

terminal income of authorized machines at Lincoln Park up to a maximum of ten million dollars

3-33

($10,000,000) per year, which shall be paid to the Narragansett Indian Tribe for the account of a

3-34

Tribal Development Fund to be used for the purpose of encouraging and promoting: home

4-1

ownership and improvement, elderly housing, adult vocational training; health and social

4-2

services; childcare; natural resource protection; and economic development consistent with state

4-3

law. Provided, however, such distribution shall terminate upon the opening of any gaming facility

4-4

in which the Narragansett Indians are entitled to any payments or other incentives; and provided

4-5

further, any monies distributed hereunder shall not be used for, or spent on previously contracted

4-6

debts; and

4-7

     (6) Unclaimed prizes and credits shall remit to the general fund of the state; and

4-8

     (7) Payments into the state's general fund specified in subdivisions (a)(1) and (a)(6) shall

4-9

be made on an estimated monthly basis. Payment shall be made on the tenth day following the

4-10

close of the month except for the last month when payment shall be on the last business day.

4-11

      (b) Notwithstanding the above, the amounts payable by the Division to UTGR related to

4-12

the Marketing Program shall be paid on a frequency agreed by the Division, but no less

4-13

frequently than annually.

4-14

     (c) Notwithstanding anything in this chapter 61.2 of this title 42 to the contrary, the

4-15

Director is authorized to fund the Marketing Program as described above in regard to the First

4-16

Amendment to the UTGR Master Contract.

4-17

     (d) Notwithstanding the above, the amounts payable by the Division to Newport Grand

4-18

related to the Marketing Program shall be paid on a frequency agreed by the Division, but no less

4-19

frequently than annually.

4-20

     (e) Notwithstanding anything in this chapter 61.2 of this title 42 to the contrary, the

4-21

Director is authorized to fund the Marketing Program as described above in regard to the First

4-22

Amendment to the Newport Grand Master Contract.

4-23

     SECTION 2. Section 45-13-12 of the General Laws in Chapter 45-13 entitled “Distressed

4-24

communities relief fund” is hereby amended to read as follows:

4-25

     45-13-12. Distressed communities relief fund. -- (a) There is established a fund to

4-26

provide state assistance to those Rhode Island cities and towns which have the highest property

4-27

tax burdens relative to the wealth of taxpayers.

4-28

     (b) Establishment of indices. Four (4) indices of distress shall be established to determine

4-29

eligibility for the program. Each community shall be ranked by each distress index and any

4-30

community which falls into the lowest twenty percent (20%) of at least three (3) of the four (4)

4-31

indices shall be eligible to receive assistance. The four (4) indices are established as follows:

4-32

     (1) Percent of tax levy to full value of property. This shall be computed by dividing the

4-33

tax levy of each municipality by the full value of property for each municipality. For the 1990-91

4-34

fiscal year, tax levy and full value shall be as of the assessment date December 31, 1986.

5-1

     (2) Per capita income. This shall be the most recent estimate reported by the U.S.

5-2

Department of Commerce, Bureau of the Census.

5-3

     (3) Percent of personal income to full value of property. This shall be computed by

5-4

multiplying the per capita income above by the most recent population estimate as reported by the

5-5

U.S. Department of Commerce, Bureau of the Census, and dividing the result by the full value of

5-6

property.

5-7

     (4) Per capita full value of property. This shall be the full value of property divided by

5-8

the most recent estimate of population by the U.S. Department of Commerce, Bureau of the

5-9

Census.

5-10

     (c) Distribution of funds. Funds shall be distributed to each eligible community on the

5-11

basis of the community's tax levy relative to the total tax levy of all eligible communities. For the

5-12

fiscal year 1990-91, the reference year for the tax levy shall be the assessment date of December

5-13

31, 1988. For each fiscal year thereafter, except for fiscal year 2007-2008, the reference year and

5-14

the fiscal year shall bear the same relationship. For the fiscal year 2007-2008 the reference year

5-15

shall be the same as for the distributions made in fiscal year 2006-2007.

5-16

     Any newly qualifying community shall be paid fifty percent (50%) of current law

5-17

requirements the first year it qualifies. The remaining fifty percent (50%) shall be distributed to

5-18

the other distressed communities proportionately. When any community falls out of the distressed

5-19

community program, it shall receive a one-time payment of fifty percent (50%) of the prior year

5-20

requirement exclusive of any reduction for first year qualification. The community shall be

5-21

considered a distressed community in the fall-out year.

5-22

     (d) Appropriation of funds. The state of Rhode Island shall appropriate funds in the

5-23

annual appropriations act to support this program. For each of the fiscal years ending June 30,

5-24

2011, and June 30, 2012, and June 30, 2013 seven hundred eighty-four thousand four hundred

5-25

fifty-eight dollars ($784,458) of the total appropriation shall be distributed equally to each

5-26

qualifying distressed community.

5-27

     (e) Payments. Payments shall be made to eligible communities each March equal to one

5-28

half of the appropriated amount and each August equal to one half of the appropriated amount.

5-29

     SECTION 3. Section 45-65-6 of the General Laws in Chapter 45-65 entitled “Retirement

5-30

Security Act for Locally Administered Pension Funds” is hereby amended to read as follows:

5-31

     45-65-6. Certification and notice requirements. -- (1) Every municipality that

5-32

maintains a locally administered plan shall submit its initial annual actuarial valuation study to

5-33

the study commission created herein under § 45-64-8 on or before April 1, 2012, and for each

5-34

plan year ending on or after December 31, 2012, within six (6) months of completing such plan

6-1

year. The initial actuarial experience study shall be submitted to the study commission on or

6-2

before April 1, 2012, and subsequent actuarial experience studies must be submitted to the study

6-3

commission no less frequently than once every three (3) years.

6-4

     (2) In any case in which an actuary certifies that a locally administered plan is in critical

6-5

status for a plan year, the municipality administering such a plan shall, not later than thirty (30)

6-6

business days following the certification, provide notification of the critical status to the

6-7

participants and beneficiaries of the plan and to the general assembly, the governor, the general

6-8

treasurer, the director of revenue, and the auditor general. The notification shall also be posted

6-9

electronically on the general treasurer's website. Within one hundred eighty (180) days of sending

6-10

the critical status notice, the municipality shall submit to the study commission a reasonable

6-11

alternative funding improvement plan to emerge from critical status.

6-12

     (3) The state shall reimburse every municipality for fifty percent (50%) of the cost of

6-13

undertaking its annual actuarial valuation study, which is due on April 1, 2012.

6-14

     (4) Notwithstanding any other law to the contrary, the funding improvement plans and

6-15

actuarial valuation studies submitted pursuant to this section shall be public records.

6-16

     SECTION 4. Whereas, the State of Rhode Island, municipalities and select organizations

6-17

are eligible to receive a share of the federal forfeiture from online search engine company Google

6-18

Inc. Whereas, to allow said receipt of these forfeiture funds any recipient shall conform to the

6-19

United States Department of Justice’s publication, Guide to Equitable Sharing for State and Local

6-20

Law Enforcement Agencies, April 2009. Pursuant to the Guidelines, these funds shall be given to

6-21

proposals from Rhode Island municipal law enforcement agencies that support community

6-22

policing activities, training, and law enforcement operations. Permissible uses for these funds

6-23

include, but are not limited to, law enforcement investigations that may result in furthering law

6-24

enforcement goals, law enforcement training, law enforcement and detention facilities, law

6-25

enforcement equipment, law enforcement travel and transportation, drug education and awareness

6-26

programs, law enforcement facilities and equipment and asset accounting and tracking as

6-27

provided in the Guidelines.

6-28

     The Rhode Island Department of Public Safety shall implement policies and procedures

6-29

consistent with United States Department of Justice’s publication, Guide to Equitable Sharing for

6-30

State and Local Law Enforcement Agencies, April 2009, as amended, to obtain no less than $25.0

6-31

million of the State of Rhode Island’s share of funds derived from the federal forfeiture from

6-32

online search engine company Google Inc. referenced above to be made available to Rhode

6-33

Island municipal law enforcement agencies that shall make appropriate applications for the funds.

6-34

The Rhode Island Department of Public Safety shall, no later than September 1, 2012, create

7-1

policies, procedures and an appropriate applications process whereby Rhode Island municipal law

7-2

enforcement agencies shall apply to the department for said funds consistent with the Guidelines.

7-3

The Rhode Island Department of Public Safety shall review any application and make a

7-4

determination which, if any, shall be forwarded to the United States Government for approval

7-5

consistent with the Guidelines. Rhode Island local law enforcement agencies shall have until July

7-6

2014 to obligate or spend said funds approved by the Rhode Island Department of Public Safety

7-7

as it pertains to the resources derived from the federal forfeiture from online search engine

7-8

company Google Inc.

7-9

     Preference shall be given to applications submitted by Rhode Island municipal law

7-10

enforcement agencies that result in cooperative non-recurring law enforcement activities among

7-11

jurisdictions to maximize said funds. Rhode Island municipal law enforcement agencies must

7-12

comply with the Rhode Island Department of Public Safety’s policies, procedures and application

7-13

process established as outlined above prior to receiving said funds.

7-14

     Whereas, the law enforcement agencies in the City of East Providence and the Town of

7-15

North Providence have been allotted their own respective funds from Rhode Island’s share of the

7-16

federal forfeiture from online search engine company Google Inc., municipal law enforcement

7-17

agencies in the City of East Providence and the Town of North Providence will not be eligible for

7-18

funds under this section. Furthermore, these agencies shall not be subject to the aforementioned

7-19

process by the Rhode Island Department of Public Safety to receive their allotted funds.

7-20

     SECTION 5. This article shall take effect upon passage.

     

=======

art.017/6/017/5/017/4/017/3/017/2/030/1

=======

1-1

ARTICLE 17

1-2

RELATING TO DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

1-3

     SECTION 1. Sections 46-12-4 and 46-12-4.1 of the General Laws in Chapter 46-12

1-4

entitled “Water Pollution” are hereby repealed.

1-5

     § 46-12-4. Pollution monitoring system.The director shall establish a pollution

1-6

monitoring system, and a fee system for point source dischargers who discharge sewage into the

1-7

surface waters of the state. Money derived from the fee system shall be deposited as general

1-8

revenues. The director shall monitor the levels of conventional and hazardous pollutants

1-9

especially toxic pollutants discharged into the surface waters and shall assess the impact thereof.

1-10

Nothing herein shall be deemed to apply to dredging, disposal of dredge materials and/or the

1-11

transportation thereof regulated under § 46-23-18 and/or 46-23-18.1.

1-12

     § 46-12-4.1. Fees – Limits – Recovery of costs.The fee established by the director

1-13

pursuant to § 46-12-4 shall be based on the individual discharger's need for monitoring and the

1-14

effluent's potential for environmental degradation as determined by the director; provided,

1-15

however, that any fees charged dischargers shall be in addition to and not substituted for funds

1-16

appropriated by or monitoring required by the state or federal government for similar purposes;

1-17

and further provided:

1-18

     (1) The director shall annually adopt by regulation, in accordance with the provisions of

1-19

chapter 35 of title 42, the maximum cost of the monitoring program for the next fiscal year. The

1-20

fee charged any discharger shall not exceed the actual cost of the pollution monitoring program of

1-21

that discharger.

1-22

     (2) The operating authority for any publicly owned treatment facility is hereby

1-23

empowered to recover any costs incurred under the provisions of this chapter, including

1-24

administrative costs, by levying an assessment on their customers. Money derived from the fees

1-25

shall be deposited as general revenues and shall be usable to match any federal funds

1-26

appropriated for these purposes.

1-27

     SECTION 2. Sections 46-13.2-1, 46-13.2-2, 46-13.2-3, 46-13.2-4, 46-13.2-5, and 46-

1-28

13.2-7 of the General Laws in Chapter 46-13.2 entitled “Drilling of Drinking Water Wells” are

1-29

hereby amended to read as follows:

1-30

     46-13.2-1. Definitions. -- For the purpose of this chapter:

2-31

     (1) "Abandoned well" means a well whose use has been permanently discontinued; (1)

2-32

“Building official” means the local building official authorized in accordance with section 23-

2-33

27.3-107 or the state building code commissioner authorized in accordance with section 23-27.3-

2-34

108.2, as applicable;

2-35

     (2) "Board" means the Rhode Island well drilling contractors’ registration and licensing

2-36

board;

2-37

     (3) "Director" means the director of the department of environmental management;

2-38

     (4) "Groundwater" means subsurface water;

2-39

     (5)(3)"Person" means an individual, partnership, corporation, association, or

2-40

organization, or any combination thereof;

2-41

     (6)(4)"Well" means an artificial sanitary excavation or opening in the ground, by which

2-42

groundwater can be obtained or through which it flows under natural pressure or is artificially

2-43

withdrawn; and for the purposes of this chapter, excepting section 46-13.2-3(c), attached as an

2-44

appurtenance to a building or structure.

2-45

     (7)(5)"Well driller drilling contractor" means a person who engages in well drilling,

2-46

including the installation pumps as provided herein;

2-47

     (8)(6)"Well drilling" means and includes the industry, procedure and all operations

2-48

engaged in by any person, full-time or part-time, for compensation or otherwise, to obtain water

2-49

from a well or wells by drilling, or other methods, for any purpose or use.

2-50

     (7) "Appurtenance" means and includes the installation, alteration or repair of wells

2-51

connected to a structure.

2-52

     46-13.2-2. Rhode Island well drilling board. -- (a) There shall be a board to be known

2-53

as the Rhode Island well drilling board which shall advise the director according to this chapter.

2-54

The board shall consist of seven (7) residents of the state appointed by the governor; one member

2-55

shall be a member of the general public; three (3) members shall be active well drillers or pump

2-56

installers who shall have had at least five (5) years experience as such; one member shall be an

2-57

employee of the department of health; one member shall be an employee of the department of

2-58

environmental management, environmental protection branch; and one member shall be a

2-59

hydrologist experienced in well construction; four (4) members shall constitute a quorum.

2-60

      (b) The board shall meet within thirty (30) days after its members are first appointed,

2-61

and, thereafter, at least three (3) times a year. The board shall elect a chairperson and a secretary

2-62

annually from its membership. The secretary shall keep a complete record of all meetings and

2-63

proceedings of the board and shall perform the usual duties pertaining to the office.

2-64

      (c) No member of the board shall be compensated for their service including state

2-65

employees who shall only be entitled to their usual and customary salary and not any additional

3-1

compensation.

3-2

     46-13.2-2. Purpose. -- The purpose of this act is to promote public health and welfare

3-3

and protect the environment by providing specifying standards for the installation of a well and

3-4

providing a mechanism to ensure that all well drilling contractors conducting business in the state

3-5

of Rhode Island have the requisite skills, training and experience necessary to safely and

3-6

adequately install water wells within this state.

3-7

     46-13.2-3. Regulations. -- (a) For the purpose of safeguarding the public health, the

3-8

director, and the board shall promote and encourage cooperation among well drillers and

3-9

governmental agencies in the development and protection of records of underground water

3-10

formations and resources. The director shall prepare and disseminate such information as may be

3-11

necessary for the benefit of the industry and the public.

3-12

     (b) The director Rhode Island building standards committee, pursuant to section 23-27.3-

3-13

100.1.5 shall by no later than December 31, 2013 promulgate regulations incorporate in the

3-14

appropriate portions of the state building codes establishing minimum standards for the location,

3-15

design, construction and installation, and maintenance of wells that are appurtenances to

3-16

buildings in consultation with the board, the department of health, and the division of statewide

3-17

planning and the department of environmental management, with due regard for the preservation

3-18

of public health, the preservation, allocation, and management of the groundwater of the state, the

3-19

protection of the consuming public, and the maintenance of geological and other scientific data

3-20

protection of public welfare and the environment.

3-21

     (b) In those circumstances in which compliance with the requirements for locating a new

3-22

or replacement well would result in undue hardship, property owners may seek a variance from

3-23

any one or more of the siting requirements, in accordance with the following:

3-24

     (1) Except as specified in (3), from the building code board of appeals authorized in the

3-25

municipality with jurisdiction over the property on which the well is proposed;

3-26

     (2) Except as specified in (3), in the absence of a local building code board of appeals,

3-27

from the state building code board of appeals; and

3-28

     (3) From the department of environmental management in all cases in which the well is

3-29

proposed to be installed as part of an application for the new construction of or repair of an on-

3-30

site wastewater disposal system. The appropriate authority specified above may grant a variance

3-31

to the extent necessary to ameliorate the undue hardship and to the extent the exemption can be

3-32

granted without impairing the intent and purpose of this chapter.

3-33

     (c) Any regulations or amendments thereto promulgated by the director under this chapter

3-34

shall be submitted to the board for approval. To protect public health and the environment, the

4-1

Rhode Island department of environmental management is authorized to promulgate regulations

4-2

applicable to the owners of on-site wastewater systems that limit the installation of any type of

4-3

well, including wells installed for irrigation systems, near the on-site wastewater treatment

4-4

systems on the owner’s property.

4-5

     46-13.2-4. Registration for well drilling contractors and pump installers –

4-6

Suspension or revocation. -- Registration and licensing of well drilling contractors and

4-7

pump installers. -- (a) Subject to the approval of the board, the director shall establish

4-8

registration requirements setting forth minimum standards for well drilling contractors and pump

4-9

installers. The well drilling contractors shall be required to have ability and proficiency in the

4-10

skill of well drilling demonstrated by experience or training and sufficient financial resources to

4-11

have and maintain adequate tools and machines for the work. After the publication of these

4-12

regulations by the director, a person, before engaging in the business of well drilling or pump

4-13

installing, shall obtain a certificate of registration annually as a well drilling contractor or pump

4-14

installer. The applicant shall pay a registration fee of two hundred dollars ($200) and an annual

4-15

renewal registration fee of one hundred dollars ($100). A certificate of registration is not

4-16

transferable and expires one year after issuance. After the renewal date, a certificate of

4-17

registration may be renewed only upon application for renewal and payment of a late fee of ten

4-18

dollars ($10.00) in addition to the regular registration fee. A lost, destroyed, or mutilated

4-19

certificate may be replaced by a duplicate upon payment of a fee of two dollars ($2.00). One seal

4-20

shall be issued to each registrant as provided in subsection (b) of this section, and additional seals

4-21

may be obtained at a fee of two dollars ($2.00) each. No person shall install a well or a pump

4-22

within a water well unless registered or licensed with the proper authorities in accordance with

4-23

this chapter, section 5-65 and 5-65.2 of the Rhode Island general laws. Well drilling contractors

4-24

are subject to the jurisdiction of the contractors’ registration and licensing board including the

4-25

registration procedures of the board authorized by section 5-65 and in effect at the time of

4-26

passage of this act.

4-27

     (b) A well drilling contractor or pump installer shall place in a conspicuous location on

4-28

both sides of his or her well drilling machine or service rig, his or her registration number in

4-29

letters not less than two inches (2") high. A seal furnished by the director of the department of

4-30

environmental management designating the year the certificate of registration was issued or

4-31

renewed, and the words "Rhode Island registered water well drilling contractor or pump

4-32

installation contractor" , shall be affixed directly adjacent to the registration number.

4-33

     (c)(b) A municipality engaged in well drilling shall be exempt from the registration or

4-34

license provisions of this chapter if the drilling is done by regular employees of, and with

5-1

equipment owned by, the municipality, and the work is on wells intended for use by the

5-2

municipality.

5-3

     (d)(c) This chapter shall not restrict a plumber or electrician from engaging in the trade

5-4

for which he or she has been licensed.

5-5

     (e) (1) A certificate of registration may be refused, or a certificate of registration duly

5-6

issued may be suspended or revoked, or the renewal thereof refused by the director on the

5-7

director's own investigation and motion or upon motion of an interested party or motion of the

5-8

board if the director has good and sufficient reason to believe or finds that the applicant for or the

5-9

holder of a certificate has:

5-10

     (1) Made a material misstatement in the application for a registration or any application

5-11

for renewal thereof; or

5-12

     (ii) Obtained the registration through willful fraud or misrepresentation; or

5-13

     (iii) Demonstrated incompetency to act as a well driller as determined by the director; or

5-14

     (iv) Been guilty of failure to comply with the provisions of this chapter or the rules and

5-15

regulations issued pursuant hereto; or

5-16

     (v) Refused to file reports of wells drilled as required by § 46-13.2-5; or

5-17

     (vi) Has been found guilty by a court of competent jurisdiction, of any fraud, deceit, gross

5-18

negligence, incompetence, or misconduct in the industry, operations, or business of well drilling.

5-19

     (2) Before any certificate of registration shall be refused, suspended, or revoked, or the

5-20

renewal thereof refused, the director shall give notice of the intention to do so by registered mail.

5-21

Upon receipt of the notice, the person affected may, within ten (10) days, request a hearing. No

5-22

revocation or suspension of a registration shall take place until the hearing is completed unless

5-23

the director shall find immediate revocation or suspension is necessary to avoid imminent peril to

5-24

life or property.

5-25

     (3) Appeal from the decisions of the director may be taken within thirty (30) days after

5-26

the decision of the commissioner, to the superior court in accordance with the provisions of § 42-

5-27

35-15.

5-28

     (f) The director shall prepare a roster of all registered well drillers and pump installers

5-29

and distribute the roster annually to the local building inspector, if there is one, and the town clerk

5-30

of each town.

5-31

     (g) Any well driller or pump installer registered as of July 1, 1987, shall be deemed to be

5-32

registered under this chapter, but shall comply with the other provisions of this chapter.

5-33

     (h) After one year from the date of refusal or revocation of a certificate of registration, an

5-34

application to register may be made again by the person affected.

6-1

     46-13.2-5. Record of wells. -- (a) Within thirty (30) ten (10) days after completion of a

6-2

new or replacement well, a well drilling contractor shall provide the owner, the board, the

6-3

building official and the department of health, the department of environmental management a

6-4

record well installation report conforming to the form, content, and means specified by the

6-5

department of health. indicating This well installation report will at a minimum indicate:

6-6

     (1) The well owner's name and address,

6-7

     (2) The physical location of the well,

6-8

     (3) The well depth,

6-9

     (4) The geologic materials and thickness of materials penetrated,

6-10

     (5) The amount length and type of casing,

6-11

     (6) The static water levels, and

6-12

     (7) The results of a well yield test that conforms to industry standards, and

6-13

     (7)(8) Any other additional information which may be required by regulations adopted

6-14

under this chapter the department of health.

6-15

     46-13.2-7. Well constructed for farming or private use. -- A landowner may drill

6-16

construct his or her own well to provide water for the consumption by himself or herself, his or

6-17

her family, pets, livestock, or for farming of his or her land where the water obtained shall not be

6-18

intended for use by the general public or in any residence other than the landowner's, and the

6-19

landowner shall not be required to be registered under § 46-13.2-4, but must submit the drilling

6-20

record a well installation report as required by § 46-13.2-5 and comply with all applicable

6-21

regulations and codes of construction adopted under this chapter and section 23-27.3 and comply

6-22

as applicable with requirements of section 23-1-5.3.

6-23

     SECTION 3. Sections 46-13.2-6, 46-13.2-8, and 46-13.2-10 of the General Laws in

6-24

Chapter 46-13.2 entitled “Drilling of Drinking Water Wells” are hereby repealed.

6-25

     § 46-13.2-6. Wells constructed for oil, gas, brine, or mining.Drilling, excavating,

6-26

and pumping associated with the oil, gas, or brine well industries, and the construction, quarrying,

6-27

and mining industries, and the disposal of any materials shall be subject to this chapter only

6-28

insofar as they relate to the pollution and depletion of underground water resources.

6-29

     § 46-13.2-8. Exemptions.Where the director finds that compliance with all

6-30

requirements of this chapter or regulations adopted pursuant thereto would result in undue

6-31

hardship, an exemption from any one or more of the requirements may be granted by the director

6-32

to the extent necessary to ameliorate the undue hardship and to the extent the exemption can be

6-33

granted without impairing the intent and purpose of this chapter.

7-34

     § 46-13.2-10. Violations. Any person who engages in well drilling or offers to engage in

7-35

well drilling, or advertises or holds himself or herself out or acts temporarily or otherwise as a

7-36

well driller, without first having obtained the required certificate of registration, and any person

7-37

who violates any provisions of this chapter, including, but not limited to, the accurate reporting of

7-38

wells drilled, shall be guilty of a misdemeanor and shall be punished by a fine of not more than

7-39

five hundred dollars ($500) or by imprisonment for not more than one year, and each day that

7-40

violation shall continue shall be deemed a separate offense.

7-41

     SECTION 4. Sections 5-65-1, 5-65-3 and 5-65-5 of the General Laws in Chapter 5-65

7-42

entitled “Contractors’ Registration and Licensing Board” are hereby amended to read as follows:

7-43

     5-65-1. Definitions. -- As used in this chapter:

7-44

      (1) "Board" means the contractors' registration and licensing board established pursuant

7-45

to the provisions of Rhode Island general laws section 5-65-14 or its designees.

7-46

      (2) "Commission" means the building code commission supportive of the contractors'

7-47

registration and licensing board.

7-48

      (3) (i) "Contractor" means a person who, in the pursuit of an independent business,

7-49

undertakes or offers to undertake or submits a bid, or for compensation and with or without the

7-50

intent to sell the structure arranges to construct, alter, repair, improve, move over public

7-51

highways, roads or streets or demolish a structure or to perform any work in connection with the

7-52

construction, alteration, repair, improvement, moving over public highways, roads or streets or

7-53

demolition of a structure, and the appurtenances thereto. For the purposes of this chapter,

7-54

“appurtenances” includes the installation, alteration or repair of wells connected to a structure

7-55

consistent with chapter 46-13.2. "Contractor" includes, but is not limited to, any person who

7-56

purchases or owns property and constructs or for compensation arranges for the construction of

7-57

one or more structures.

7-58

      (ii) A certificate of registration is necessary for each "business entity" regardless of the

7-59

fact that each entity may be owned by the same individual.

7-60

      (4) "Dwelling unit" means a single unit providing complete independent living facilities

7-61

for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and

7-62

sanitation.

7-63

      (5) "Hearing officer" means a person designated by the executive director, to hear

7-64

contested claims or cases, contested enforcement proceedings, and contested administrative fines,

7-65

in accordance with the Administrative Procedures Act, chapter 35 of title 42.

7-66

      (6) "Monetary damages" means the dollar amount required in excess of the contract

7-67

amount necessary to provide the claimant with what was agreed to be provided under the terms of

7-68

the contract reduced by any amount due and unpaid to the respondent inclusive of any and all

8-1

awards and restitution.

8-2

      (7) "Staff" means the executive director for the contractors' registration and licensing

8-3

board, and any other staff necessary to carry out the powers, functions and duties of the board

8-4

including inspectors, hearing officers and other supportive staff.

8-5

      (8) "State" means the state of Rhode Island.

8-6

      (9) "Structure" means (i) any commercial building; or (ii) any building containing one or

8-7

more residences and their appurtenances. The board's dispute resolution process shall apply only

8-8

to residential structures containing dwelling units as defined in the state building code or

8-9

residential portions of other types of buildings without regard to how many units any structure

8-10

may contain. The board retains jurisdiction and may conduct hearings regarding violations

8-11

against all contractors required to be registered or licensed by the board.

8-12

      (10) "Substantially" means any violation, which affects the health, safety, and welfare of

8-13

the general public.

8-14

     5-65-3. Registration for work on a structure required of contractor -- Issuance of

8-15

building permits to unregistered or unlicensed contractors prohibited -- Evidence of activity

8-16

as a contractor -- Duties of contractors. -- (a) A person shall not undertake, offer to undertake,

8-17

or submit a bid to do work as a contractor on a structure or arrange to have work done unless that

8-18

person has a current, valid certificate of registration for all construction work issued by the board.

8-19

A partnership, corporation, or joint venture may do the work, offer to undertake the work, or

8-20

submit a bid to do the work only if that partnership, corporation, or joint venture is registered for

8-21

the work. In the case of registration by a corporation or partnership, an individual shall be

8-22

designated to be responsible for the corporation's or partnership's work. The corporation or

8-23

partnership and its designee shall be jointly and severally liable for the payment of the

8-24

registration fee, as requested in this chapter, and for violations of any provisions of this chapter.

8-25

Disciplinary action taken on a registration held by a corporation, partnership, or sole proprietor

8-26

may affect other registrations held by the same corporation, partnership, or sole proprietorship,

8-27

and may preclude future registration by the principal of that business entity.

8-28

      (b) A registered partnership or corporation shall notify the board in writing immediately

8-29

upon any change in partners or corporate officers.

8-30

      (c) A city, town, or the state shall not issue a building permit to anyone required to be

8-31

registered under this chapter who does not have a current, valid certificate of registration

8-32

identification card or valid license which shall be presented at the time of issuance of a permit

8-33

and shall become a condition of a valid permit. Each city, town, or the state which requires the

8-34

issuance of a permit as a condition precedent to construction, alteration, improvement,

9-1

demolition, movement or repair of any building or structure or the appurtenance to the structure

9-2

shall also require that each applicant for the permit file as a condition to issuing the permit a

9-3

written affidavit subject to the penalties of perjury, subscribed by the applicant, that the applicant

9-4

is registered under the provisions of this chapter, giving the number of the registration and stating

9-5

that the registration is in full force and effect, or, if the applicant is exempt from the provisions of

9-6

this chapter, listing the basis for the exemption. The city, town, or the state shall list the

9-7

contractor's registration number on the permit obtained by that contractor, and if a homeowner is

9-8

issued a permit, the building inspector or official must ascertain registration numbers of each

9-9

contractor on the premises and shall inform the registration board of any non-registered

9-10

contractors performing work at the site.

9-11

      (d) Every city and town which requires the issuance of a business license as a condition

9-12

precedent to engaging, within the city or town, in a business which is subject to regulation under

9-13

this chapter, shall require that each licensee and each applicant for issuance or renewal of the

9-14

license file, or has on file, with the city or town a signed statement that the licensee or applicant is

9-15

registered under the provisions of this chapter and stating that the registration is in full force and

9-16

effect.

9-17

      (e) It shall be prima facie evidence of doing business as a contractor when a person for

9-18

that person's own use performs, employs others to perform, or for compensation and with the

9-19

intent to sell the structure, arranges to have performed any work described in section 5-65-1(3) if

9-20

within any one twelve (12) month period that person offers for sale one or more structures on

9-21

which that work was performed.

9-22

      (f) Registration under this chapter shall be prima facie evidence that the registrant

9-23

conducts a separate, independent business.

9-24

      (g) The provisions of this chapter shall be exclusive and no city or town shall require or

9-25

shall issue any registrations or licenses nor charges any fee for the regulatory registration of any

9-26

contractor registered with the board. Nothing in this subsection shall limit or abridge the authority

9-27

of any city or town to license and levy and collect a general and nondiscriminatory license fee

9-28

levied upon all businesses, or to levy a tax based upon business conducted by any firm within the

9-29

city or town's jurisdiction, if permitted under the laws of the state.

9-30

      (h) (1) Every contractor shall maintain a list which shall include the following

9-31

information about all subcontractors or other contractors performing work on a structure for that

9-32

contractor:

9-33

      (i) Names and addresses.

10-34

      (ii) Registration numbers or other license numbers.

10-35

      (2) The list referred to in subdivision (h)(1) of this subsection shall be delivered to the

10-36

board within twenty-four (24) hours after a request is made during reasonable working hours, or a

10-37

fine of twenty-five dollars ($25.00) may be imposed for each offense.

10-38

      (i) The following subcontractors who are not employees of a registered contractor must

10-39

obtain a registration certificate prior to conducting any work: (1) carpenters, including finish

10-40

carpenters and framers; (2) siding installers; (3) roofers; (4) foundation installers, including

10-41

concrete installers and form installers; (5) drywall installers; (6) plasterers; (7) insulation

10-42

installers; (8) ceramic tile installers; (9) floor covering installers; (10) swimming pool installers,

10-43

both above ground and in ground; (11) masons, including chimney installers, fireplace installers,

10-44

and general masonry erectors. This list is not all inclusive and shall not be limited to the above

10-45

referenced contractors. No subcontractor licensed by another in-state agency pursuant to section

10-46

5-65-2 shall be required to register, provided that said work is performed under the purview of

10-47

that license.

10-48

      (j) A contractor including, but not limited to, a general contractor, shall not hire any

10-49

subcontractor or other contractor to work on a structure unless the contractor is registered under

10-50

this chapter or exempt from registration under the provisions of section 5-65-2.

10-51

      (k) A summary of this chapter, prepared by the board and provided at cost to all

10-52

registered contractors, shall be delivered by the contractor to the owner when the contractor

10-53

begins work on a structure; failure to comply may result in a fine.

10-54

      (l) The registration number of each contractor shall appear in any advertising by that

10-55

contractor. Advertising in any form by an unregistered contractor shall be prohibited, including

10-56

alphabetical or classified directory listings, vehicles, business cards, and all other forms of

10-57

advertisements. The violations could result in a penalty being assessed by the board per

10-58

administrative procedures established.

10-59

      (i) The board may publish, revoke or suspend registrations and the date the registration

10-60

was suspended or revoked on a quarterly basis.

10-61

      (ii) Use of the word "license" in any form of advertising when only registered may

10-62

subject the registrant or those required to be registered to a fine of one hundred dollars ($100) for

10-63

each offense at the discretion of the board.

10-64

      (m) The contractor must see that permits required by the state building code are secured

10-65

on behalf of the owner prior to commencing the work involved. The contractor's registration

10-66

number must be affixed to the permit as required by the state building code.

10-67

      (n) The board may assess an interest penalty of twelve percent (12%) annually when a

10-68

monetary award is ordered by the board.

11-1

      (o) All work performed, including labor and materials, in excess of one thousand dollars

11-2

($1,000) shall be accompanied by a contract in writing. Contracts required pursuant to this

11-3

subsection shall include a location on or near the signature line location on or in which the parties

11-4

to the contract shall initial to evidence the receipt of certain consumer education materials or

11-5

information approved and provided by the board to the contractor. Said educational materials

11-6

and/or information shall include, but not be limited to, the following notice and shall be provided

11-7

by the contractor to the homeowner:

11-8

     NOTICE OF POSSIBLE MECHANIC'S LIEN

11-9

     To: Insert name of owner, lessee or tenant, or owner of less than the simple fee.

11-10

     The undersigned is about to perform work and/or furnish materials for the construction,

11-11

erection, alterations or repair upon the land at (INSERT ADDRESS) under contract with you.

11-12

This is a notice that the undersigned and any other persons who provide labor and materials for

11-13

the improvement under contract with the undersigned may file a mechanic's lien upon the land in

11-14

the event of nonpayment to them. It is your responsibility to assure yourself that those other

11-15

persons under contract with the undersigned receive payment for their work performed and

11-16

materials furnished for the construction, erection, alteration or repair upon the land. Failure to

11-17

adhere to the provisions of this subsection may result in a one thousand dollar ($1,000) fine

11-18

against the contractor and shall not affect the right of any other person performing work or

11-19

furnishing materials of claiming a lien pursuant to Chapter 34-28. However, such person failing

11-20

to provide such notice shall indemnify and hold harmless any owner, lessee or tenant, or owner of

11-21

less than the fee simple from any payment or costs incurred on account of any liens claims by

11-22

those not in privity with them, unless such owner, lessee or tenant, or owner of less than the fee

11-23

simple shall not have paid such person.

11-24

      (p) Contracts entered into must contain notice of right of rescission as stipulated in all

11-25

pertinent Rhode Island consumer protection laws.

11-26

      (q) The contractor must stipulate whether or not all the proper insurances are in effect for

11-27

each job contracted.

11-28

      (r) Contractors who are in compliance with the provisions of this subsection shall be

11-29

exempt from the requirements of section 34-28-4.1.

11-30

      (s) In addition to the requirements of this chapter, contractors engaged in well drilling

11-31

activities shall also be subject to regulations pertaining to licensing and registration promulgated

11-32

by the contractors’ registration and licensing board pursuant to section 5-65.2 and section 46-

11-33

13.2-4.

12-34

     5-65-5. Registered application. -- (a) A person who wishes to register as a contractor

12-35

shall submit an application, under oath, upon a form prescribed by the board. The application

12-36

shall include:

12-37

     (1) Workers' compensation insurance account number, or company name if a number has

12-38

not yet been obtained, if applicable;

12-39

     (2) Unemployment insurance account number if applicable;

12-40

     (3) State withholding tax account number if applicable;

12-41

     (4) Federal employer identification number, if applicable, or if self-employed and

12-42

participating in a retirement plan;

12-43

     (5) The individual(s) name and business address and residential address of:

12-44

     (i) Each partner or venturer, if the applicant is a partnership or joint venture;

12-45

     (ii) The owner, if the applicant is an individual proprietorship;

12-46

     (iii) The corporation officers and a copy of corporate papers filed with the Rhode Island

12-47

secretary of state's office, if the applicant is a corporation;

12-48

     (iv) Post office boxes are not acceptable as the only address.

12-49

     (6) A signed affidavit subject to the penalties of perjury of whether or not the applicant

12-50

has previously applied for registration, or is or was an officer, partner, or venturer of an applicant

12-51

who previously applied for registration and if so, the name of the corporation, partnership, or

12-52

venture.

12-53

     (7) Valid insurance certificate for the type of work being performed.

12-54

     (b) A person may be prohibited from registering or renewing registration as a contractor

12-55

under the provisions of this chapter or his or her registration may be revoked or suspended if he

12-56

or she has any unsatisfied or outstanding judgments from arbitration, bankruptcy, courts and/or

12-57

administrative agency against him or her relating to their work as a contractor, and provided,

12-58

further, that an affidavit subject to the penalties of perjury shall be provided to the board attesting

12-59

to the information herein.

12-60

     (c) Failure to provide or falsified information on an application, or any document

12-61

required by this chapter is punishable by a fine not to exceed ten thousand dollars ($10,000).

12-62

     (d) Applicant must be at least eighteen (18) years of age.

12-63

     (e) Satisfactory proof shall be provided to the board evidencing the completion of five (5)

12-64

hours of continuing education units which will be required to be maintained by residential

12-65

contractors as a condition of registration as determined by the board pursuant to established

12-66

regulations.

12-67

     (f) An affidavit issued by the board shall be completed upon registration or license or

12-68

renewal to assure contractors are aware of certain provisions of this law and shall be signed by

13-1

the registrant before a registration can be issued or renewed.

13-2

     SECTION 5. Section 23-27.3-100.1.5 of the General Laws in Chapter 23-27.3 entitled

13-3

“State Building Code” is hereby amended to read as follows:

13-4

     23-27.3-100.1.5. Building code – Adoption and promulgation by committee. -- The

13-5

state building standards committee has the authority to adopt, promulgate, and administer a state

13-6

building code, which shall include: (a) provisions and amendments as necessary to resolve

13-7

conflicts between fire safety codes and building codes, as provided for in § 23-28.01-6; and (b) a

13-8

rehabilitation building and fire code for existing buildings and structures. The building code may

13-9

be promulgated in several sections, with a section applicable to one and two (2) family dwellings,

13-10

to multiple dwellings and hotels and motels, to general building construction, to plumbing

13-11

including and to electrical. The building code shall incorporate minimum standards for the

13-12

location, design, construction and installation of wells which are appurtenances to a building in

13-13

applicable sections. For purposes of this chapter, "appurtenance" includes the installation,

13-14

alteration or repair of wells connected to a structure consistent with chapter 46-13.2. The building

13-15

code and the sections thereof shall be reasonably consistent with recognized and accepted

13-16

standards adopted by national model code organizations and recognized authorities. To the extent

13-17

that any state or local building codes, statutes, or ordinances are inconsistent with the Americans

13-18

with Disabilities Act, Title III, Public Accommodations and Services Operated by Private

13-19

Entities, 42 U.S.C. § 12181 et seq., and its regulations and standards, they are hereby repealed.

13-20

The state building code standards committee is hereby directed to adopt rules and regulations

13-21

consistent with the Americans with Disabilities Act, Title II and III (28 CFR 35 and 28 CFR 36,

13-22

as amended), as soon as possible, but no later than February 15, 2012, to take effect on or before

13-23

March 15, 2012. The state building code standards committee is hereby authorized and directed to

13-24

update those rules and regulations consistent with the future revisions of the Americans with

13-25

Disabilities Act Accessibility Standards.

13-26

     SECTION 6. Title 5 of the General laws entitled “BUSINESSES AND PROFESSIONS”

13-27

is hereby amended by adding thereto the following chapter:

13-28

     CHAPTER 5-65.2

13-29

     RHODE ISLAND WELL DRILLING CONTRACTORS LICENSING LAW

13-30

     5-65.2-1. Short title. – This chapter shall be known and may be cited as the “Rhode

13-31

Island Well Drilling Contractors Licensing Law”.

13-32

     5-65.2-2. Definitions. – When used in this chapter:

13-33

     (1) “Board” means the contractors’ registration and licensing board.

14-34

     (2) “Person” means an individual, partnership, corporation, association, or organization,

14-35

or any combination thereof.

14-36

     (3) “Well” means an artificial sanitary excavation or opening in the ground, by which

14-37

groundwater can be obtained or through which it flows under natural pressure or is artificially

14-38

withdrawn; and for the purposes of this chapter attached as an appurtenance to a building or

14-39

structure.

14-40

     (4) “Well drilling contractor” means a person who engages in well drilling; including the

14-41

installation of pumps as provided herein.

14-42

     (5) “Well drilling” means and includes the industry, procedure and all operations engaged

14-43

in by any person, full-time or part-time, for compensation or otherwise, to obtain water from a

14-44

well or wells by drilling, or other methods, for any purpose or use.

14-45

     5-65.2-3. Licensing procedure. – (a) In addition to the provisions of chapter 5-65, the

14-46

contractors’ registration and licensing board is authorized to establish a program to license well

14-47

drilling contractors to ensure persons performing well drilling work as properly qualified to

14-48

conduct the work. On or before January 1, 2014, the board shall promulgate regulations to

14-49

establish a licensing program that provides for appropriate categories of well drilling work to

14-50

ensure proper qualifications pertaining to the use of different equipment and approaches to install

14-51

wells and well pumps, and that will allow the well drilling contractor to fulfill the registration

14-52

requirements of 5-65 through the licensing program. Upon promulgation of applicable

14-53

regulations, the license issued by the board to a well drilling contractor shall serve to fulfill the

14-54

contractor registration requirements of chapter 5-65.

14-55

     (b) Pursuant to board regulations, all persons seeking to be qualified as a licensed well

14-56

drilling professional shall submit an application to the contractors’ registration and licensing

14-57

board on the form or forms that the board requires. As specified by the board, the application

14-58

shall include the following information:

14-59

     (1) The name of the applicant;

14-60

     (2) The business address of the applicant;

14-61

     (3) The mailing address of the applicant;

14-62

     (4) The telephone number of the applicant;

14-63

     (5) Any registration number and/or other license numbers issued by the state, or any city

14-64

or town;

14-65

     (6) A statement of the skills, training and experience of the applicant sufficient to ensure

14-66

public safety, health and welfare; and

14-67

     (7) Agent of service for out-of-state contractors.

15-68

     (c) To be eligible for licensure as a well drilling contractor an applicant shall also fulfill

15-69

the following requirements:

15-70

     (1) Be of good moral character;

15-71

     (2) Pass appropriate examinations approved or administered by the contractors’

15-72

registration and licensing board unless otherwise exempted in accordance with subsection 5-65-

15-73

3(g) and has met all the requirements of the rules and regulations established by the board;

15-74

     (3) Be in good standing with the contractors’ registration and licensing board;

15-75

     (4) Take ten (10) hours continuing education per year as set forth and recognized by the

15-76

contractors’ registration and licensing board;

15-77

     (d) The contractors’ registration and licensing board is authorized to adopt rules and

15-78

regulations pursuant to the Administrative Procedures Act, chapter 35 of title 42, necessary to

15-79

effectuate the purpose of this chapter. Rules and regulations shall provide a fine schedule, which

15-80

will establish grounds for discipline for license holders or non-licensed contractors. Fines shall be

15-81

structured not to exceed five thousand ($5,000) dollars per day per offense for conduct injurious

15-82

to the welfare of the public as well as those required pursuant to section 5-65-10.

15-83

     (e) Any person applying for a license or registration and making any material

15-84

misstatement as to his or her experience or other qualifications, or any person, firm, or

15-85

corporation subscribing to or vouching for any misstatement shall be subject to the discipline and

15-86

penalties provided in section 5-65-10.

15-87

     (f) No corporation, firm, association, or partnership shall engage in the business of well

15-88

drilling or represent itself as a well drilling contractor unless a licensed commercial well drilling

15-89

professional as provided in this chapter is continuously engaged in the supervision of its well

15-90

drilling work, provided that the well drilling professional is a general partner or an officer and

15-91

shareholder in the firm or corporation. If the license holder dies or otherwise becomes

15-92

incapacitated, the corporation, firm, or association shall be allowed to continue to operate until

15-93

the next examination shall be given or such times as the board shall see fit. In no event, shall the

15-94

corporation, firm, association, or partnership continue to operate longer than twelve (12) months

15-95

or in accordance with the board’s established rules and regulations without satisfying the license

15-96

requirements of this chapter.

15-97

     (g) Those well drilling contractors who were previously registered with the department of

15-98

environmental management, and remain in good standing as of December 31, 2012, and that were

15-99

previously exempted from fulfilling the testing requirements required for registration by the

15-100

department shall also be exempt form the testing requirements set forth in this chapter.

15-101

     5-65.2-4. Fees. – All persons seeking a well drilling professional license shall submit a

15-102

payment in the amount of two hundred dollars ($200), which shall support the licensing program,

16-1

representing a license fee. All fines and fees collected pursuant to this chapter shall be deposited

16-2

into a restricted receipt account for the exclusive use of supporting programs established by the

16-3

board.

16-4

     SECTION 7. Section 1 of this article shall take effect as of July 1, 2012. Sections 2, 3, 4,

16-5

5 and 6 of this article shall take effect as of January 1, 2013.

=======

art.018/3/018/2/018/1

=======

1-1

ARTICLE 18

1-2

RELATING TO OFFICE OF HEALTH AND HUMAN SERVICES

1-3

     SECTION 1. Sections 42-7.2.1, 42-7.2-2, 42-7.2-4, 42-7.2-5, 42-7.2-6, 42-7.2-6.1, 42-

1-4

7.2-12 and 42-7.2-16 of the General Laws in Chapter 42-7.2 entitled ”Office of Health and

1-5

Human Services” are hereby amended to read as follows:

1-6

     42-7.2-1. Statement of intent.-- The purpose of this Chapter is to develop a consumer-

1-7

centered system of publicly-financed state administered health and human services that supports

1-8

access to high quality services, protects the safety of the state's most vulnerable citizens, and

1-9

ensures the efficient use of all available resources by the five (5) four (4) departments responsible

1-10

for the health and human services programs serving all Rhode Islanders and providing direct

1-11

assistance and support services to more than 250,000 individuals and families: the department of

1-12

children, youth, and families; the department of elderly affairs; the department of health; the

1-13

department of human services; and the department of mental health, retardation behavioral

1-14

healthcare, developmental disabilities and hospitals, collectively referred to within as

1-15

"departments". It is recognized that the executive office of health and human services and the

1-16

departments have undertaken a variety of initiatives to further this goal and that they share a

1-17

commitment to continue to work in concert to preserve and promote each other's unique missions

1-18

while striving to attain better outcomes for all the people and communities they serve. However,

1-19

recent and expected changes in federal and state policies and funding priorities that affect the

1-20

financing, organization, and delivery of health and human services programs pose new challenges

1-21

and opportunities that have created an even greater need for structured and formal

1-22

interdepartmental cooperation and collaboration. To meet this need while continuing to build on

1-23

the achievements that have already been made, the interests of all Rhode Islanders will best be

1-24

served by codifying in the state's general laws the purposes and responsibilities of the executive

1-25

office of health and human services and the position of secretary of health and human services.

1-26

     42-7.2-2. Executive office of health and human services . --There is hereby established

1-27

within the executive branch of state government an executive office of health and human services

1-28

to serve as the principal agency of the executive branch of state government for managing the

1-29

departments of children, youth and families, elderly affairs, health, human services, and mental

1-30

health, retardation behavioral healthcare, developmental disabilities and hospitals. In this

1-31

capacity, the office shall:

2-1

     (a) Lead the state's five four (4) health and human services departments in order to:

2-2

     (1) Improve the economy, efficiency, coordination, and quality of health and human

2-3

services policy and planning, budgeting and financing.

2-4

     (2) Design strategies and implement best practices that foster service access, consumer

2-5

safety and positive outcomes.

2-6

     (3) Maximize and leverage funds from all available public and private sources, including

2-7

federal financial participation, grants and awards.

2-8

     (4) Increase public confidence by conducting independent reviews of health and human

2-9

services issues in order to promote accountability and coordination across departments.

2-10

     (5) Ensure that state health and human services policies and programs are responsive to

2-11

changing consumer needs and to the network of community providers that deliver assistive

2-12

services and supports on their behalf.

2-13

     (b) Supervise the administrations of Administer the federal and state medical assistance

2-14

programs by acting as in the capacity of the single state agency authorized under title XIX of the

2-15

U.S. Social Security act, 42 U.S.C. § 1396a et seq., notwithstanding any general or public law or

2-16

regulation to the contrary, and exercising exercise such single state agency authority for such

2-17

other federal and state programs as may be designated by the governor. Except as provided for

2-18

herein, nothing in this chapter shall be construed as transferring to the secretary: (1) The the

2-19

powers, duties or functions conferred upon the departments by Rhode Island general laws for the

2-20

administration of the foregoing federal and state programs; or (2) The administrative

2-21

responsibility for the preparation and submission of any state plans, state plan amendments, or

2-22

federal waiver applications, as may be approved from time to time by the secretary with respect

2-23

to the foregoing federal and state programs management and operations of programs or services

2-24

approved for federal financial participation under the authority of the Medicaid state agency.

2-25

     42-7.2-4. Responsibilities of the secretary.-- (a) The secretary shall be responsible to

2-26

the governor for supervising the executive office of health and human services and for managing

2-27

and providing strategic leadership and direction to the five four (4) departments.

2-28

     (b) Notwithstanding the provisions set forth in this chapter, the governor shall appoint the

2-29

directors of the departments within the executive office of health and human services. Directors

2-30

appointed to those departments shall continue to be subject to the advice and consent of the senate

2-31

and shall continue to hold office as set forth in §§ 42-6-1 et seq. and 42-72-1(c).

2-32

     42-7.2-5. Duties of the secretary.--The secretary shall be subject to the direction and

2-33

supervision of the governor for the oversight, coordination and cohesive direction of state

2-34

administered health and human services and in ensuring the laws are faithfully executed, not

3-1

withstanding any law to the contrary. In this capacity, the Secretary of Health and Human

3-2

Services shall be authorized to:

3-3

     (1) Coordinate the administration and financing of health care benefits, human services

3-4

and programs including those authorized by the Global Consumer Choice Compact Waiver and,

3-5

as applicable, the Medicaid State Plan under Title XIX of the US Social Security Act. However,

3-6

nothing in this section shall be construed as transferring to the secretary the powers, duties or

3-7

functions conferred upon the departments by Rhode Island public and general laws for the

3-8

administration of federal/state programs financed in whole or in part with Medicaid funds or the

3-9

administrative responsibility for the preparation and submission of any state plans, state plan

3-10

amendments, or authorized federal waiver applications, once approved by the secretary.

3-11

     (2) Serve as the governor's chief advisor and liaison to federal policymakers on Medicaid

3-12

reform issues as well as the principal point of contact in the state on any such related matters.

3-13

     (3) Review and ensure the coordination of any Global Consumer Choice Compact

3-14

Waiver requests and renewals as well as any initiatives and proposals requiring amendments to

3-15

the Medicaid state plan or category one (I) or two (II) or three (III) changes, as described in the

3-16

special terms and conditions of the Global Consumer Choice Compact Waiver with the potential

3-17

to affect the scope, amount or duration of publicly-funded health care services, provider payments

3-18

or reimbursements, or access to or the availability of benefits and services as provided by Rhode

3-19

Island general and public laws. The secretary shall consider whether any such changes are legally

3-20

and fiscally sound and consistent with the state's policy and budget priorities. The secretary shall

3-21

also assess whether a proposed change is capable of obtaining the necessary approvals from

3-22

federal officials and achieving the expected positive consumer outcomes. Department directors

3-23

shall, within the timelines specified, provide any information and resources the secretary deems

3-24

necessary in order to perform the reviews authorized in this section;

3-25

     (4) Beginning in 2006, prepare and submit to the governor, the chairpersons of the house

3-26

and senate finance committees, the caseload estimating conference, and to the joint legislative

3-27

committee for health care oversight, by no later than March 15 of each year, a comprehensive

3-28

overview of all Medicaid expenditures outcomes, and utilization rates. The overview shall

3-29

include, but not be limited to, the following information:

3-30

     (i) Expenditures under Titles XIX and XXI of the Social Security Act, as amended;

3-31

     (ii) Expenditures, outcomes and utilization rates by population and sub-population served

3-32

(e.g. families with children, children with disabilities, children in foster care, children receiving

3-33

adoption assistance, adults with disabilities, and the elderly);

4-34

     (iii) Expenditures, outcomes and utilization rates by each state department or other

4-35

municipal or public entity receiving federal reimbursement under Titles XIX and XXI of the

4-36

Social Security Act, as amended; and

4-37

     (iv) Expenditures, outcomes and utilization rates by type of service and/or service

4-38

provider. The directors of the departments, as well as local governments and school departments,

4-39

shall assist and cooperate with the secretary in fulfilling this responsibility by providing whatever

4-40

resources, information and support shall be necessary.

4-41

     (5) Resolve administrative, jurisdictional, operational, program, or policy conflicts

4-42

among departments and their executive staffs and make necessary recommendations to the

4-43

governor.

4-44

     (6) Assure continued progress toward improving the quality, the economy, the

4-45

accountability and the efficiency of state-administered health and human services. In this

4-46

capacity, the secretary shall:

4-47

     (i) Direct implementation of reforms in the human resources practices of the departments

4-48

that streamline and upgrade services, achieve greater economies of scale and establish the

4-49

coordinated system of the staff education, cross- training, and career development services

4-50

necessary to recruit and retain a highly-skilled, responsive, and engaged health and human

4-51

services workforce;

4-52

     (ii) Encourage the departments to utilize consumer-centered approaches to service design

4-53

and delivery that expand their capacity to respond efficiently and responsibly to the diverse and

4-54

changing needs of the people and communities they serve;

4-55

     (iii) Develop all opportunities to maximize resources by leveraging the state's purchasing

4-56

power, centralizing fiscal service functions related to budget, finance, and procurement,

4-57

centralizing communication, policy analysis and planning, and information systems and data

4-58

management, pursuing alternative funding sources through grants, awards and partnerships and

4-59

securing all available federal financial participation for programs and services provided through

4-60

the departments;

4-61

     (iv) Improve the coordination and efficiency of health and human services legal functions

4-62

by centralizing adjudicative and legal services and overseeing their timely and judicious

4-63

administration;

4-64

     (v) Facilitate the rebalancing of the long term system by creating an assessment and

4-65

coordination organization or unit for the expressed purpose of developing and implementing

4-66

procedures across departments that ensure that the appropriate publicly-funded health services are

4-67

provided at the right time and in the most appropriate and least restrictive setting; and

5-68

     (vi) Strengthen health and human services program integrity, quality control and

5-69

collections, and recovery activities by consolidating functions within the office in a single unit

5-70

that ensures all affected parties pay their fair share of the cost of services and are aware of

5-71

alternative financing.

5-72

     (vii) Broaden access to publicly funded food and nutrition services by consolidating

5-73

agency programs and initiatives to eliminate duplication and overlap and improve the availability

5-74

and quality of services; and

5-75

     (viii) Assure protective services are available to vulnerable elders and adults with

5-76

developmental and other disabilities by reorganizing existing services, establishing new services

5-77

where gaps exist and centralizing administrative responsibility for oversight of all related

5-78

initiatives and programs.

5-79

     (7) Prepare and integrate comprehensive budgets for the health and human services

5-80

departments and any other functions and duties assigned to the office. The budgets shall be

5-81

submitted to the state budget office by the secretary, for consideration by the governor, on behalf

5-82

of the state's health and human services in accordance with the provisions set forth in § 35-3-4 of

5-83

the Rhode Island general laws.

5-84

     (8) Utilize objective data to evaluate health and human services policy goals, resource use

5-85

and outcome evaluation and to perform short and long-term policy planning and development.

5-86

     (9) Establishment of an integrated approach to interdepartmental information and data

5-87

management that complements and furthers the goals of the CHOICES initiative and that will

5-88

facilitate the transition to consumer-centered system of state administered health and human

5-89

services.

5-90

     (10) At the direction of the governor or the general assembly, conduct independent

5-91

reviews of state-administered health and human services programs, policies and related agency

5-92

actions and activities and assist the department directors in identifying strategies to address any

5-93

issues or areas of concern that may emerge thereof. The department directors shall provide any

5-94

information and assistance deemed necessary by the secretary when undertaking such

5-95

independent reviews.

5-96

     (11) Provide regular and timely reports to the governor and make recommendations with

5-97

respect to the state's health and human services agenda.

5-98

     (12) Employ such personnel and contract for such consulting services as may be required

5-99

to perform the powers and duties lawfully conferred upon the secretary.

5-100

     (13) Implement the provisions of any general or public law or regulation related to the

5-101

disclosure, confidentiality and privacy of any information or records, in the possession or under

5-102

the control of the executive office or the departments assigned to the executive office, that may be

6-1

developed or acquired for purposes directly connected with the secretary's duties set forth herein.

6-2

     (14) Hold the director of each health and human services department accountable for

6-3

their administrative, fiscal and program actions in the conduct of the respective powers and duties

6-4

of their agencies.

6-5

     42-7.2-6. Departments assigned to the executive office - Powers and duties. --(a) The

6-6

departments assigned to the secretary shall:

6-7

     (1) Exercise their respective powers and duties in accordance with their statutory

6-8

authority and the general policy established by the governor or by the secretary acting on behalf

6-9

of the governor or in accordance with the powers and authorities conferred upon the secretary by

6-10

this chapter;

6-11

     (2) Provide such assistance or resources as may be requested or required by the governor

6-12

and/or the secretary; and

6-13

     (3) Provide such records and information as may be requested or required by the

6-14

governor and/or the secretary to the extent allowed under the provisions of any applicable general

6-15

or public law, regulation, or agreement relating to the confidentiality, privacy or disclosure of

6-16

such records or information.

6-17

     (4) Forward to the secretary copies of all reports to the governor.

6-18

     (b) Except as provided herein, no provision of this chapter or application thereof shall be

6-19

construed to limit or otherwise restrict the department of children, youth and families, the

6-20

department of elderly affairs, the department of health, the department of human services, and the

6-21

department of mental health, retardation behavioral healthcare, developmental disabilities and

6-22

hospitals from fulfilling any statutory requirement or complying with any valid rule or regulation.

6-23

     42-7.2-6.1. Transfer of powers and functions.-- (a) There are hereby transferred to the

6-24

executive office of health and human services the powers and functions of the departments with

6-25

respect to the following:

6-26

     (1) By July 1, 2007, fiscal services including budget preparation and review, financial

6-27

management, purchasing and accounting and any related functions and duties deemed necessary

6-28

by the secretary;

6-29

     (2) By July 1, 2007, legal services including applying and interpreting the law, oversight

6-30

to the rule-making process, and administrative adjudication duties and any related functions and

6-31

duties deemed necessary by the secretary;

6-32

     (3) By September 1, 2007, communications including those functions and services related

6-33

to government relations, public education and outreach and media relations and any related

6-34

functions and duties deemed necessary by the secretary;

7-1

     (4) By March 1, 2008, policy analysis and planning including those functions and

7-2

services related to the policy development, planning and evaluation and any related functions and

7-3

duties deemed necessary by the secretary;

7-4

     (5) By June 30, 2008, information systems and data management including the financing,

7-5

development and maintenance of all data-bases and information systems and platforms as well as

7-6

any related operations deemed necessary by the secretary;

7-7

     (6) By October 1, 2009, assessment and coordination for long-term care including those

7-8

functions related to determining level of care or need for services, development of individual

7-9

service/care plans and planning, identification of service options, the pricing of service options

7-10

and choice counseling; and

7-11

     (7) By October 1, 2009, program integrity, quality control and collection and recovery

7-12

functions including any that detect fraud and abuse or assure that beneficiaries, providers, and

7-13

third-parties pay their fair share of the cost of services, as well as any that promote alternatives to

7-14

publicly financed services, such as the long-term care health insurance partnership.

7-15

     (8) By January 1, 2011, client protective services including any such services provided to

7-16

children, elders and adults with developmental and other disabilities;

7-17

     (9) [Deleted by P.L. 2010, ch. 23, art. 7, § 1].

7-18

     (10) By July 1, 2012, the HIV/AIDS care and treatment programs.

7-19

     (b) The secretary shall determine in collaboration with the department directors whether

7-20

the officers, employees, agencies, advisory councils, committees, commissions, and task forces of

7-21

the departments who were performing such functions shall be transferred to the office.

7-22

     (c) In the transference of such functions, the secretary shall be responsible for ensuring:

7-23

     (1) Minimal disruption of services to consumers;

7-24

     (2) Elimination of duplication of functions and operations;

7-25

     (3) Services are coordinated and functions are consolidated where appropriate;

7-26

     (4) Clear lines of authority are delineated and followed;

7-27

     (5) Cost-savings are achieved whenever feasible;

7-28

     (6) Program application and eligibility determination processes are coordinated and,

7-29

where feasible, integrated; and

7-30

     (7) State and federal funds available to the office and the entities therein are allocated and

7-31

utilized for service delivery to the fullest extent possible.

7-32

     (d) Except as provided herein, no provision of this chapter or application thereof shall be

7-33

construed to limit or otherwise restrict the departments of children, youth and families, human

7-34

services, elderly affairs, health, and mental health, retardation behavioral healthcare,

8-1

developmental disabilities, and hospitals from fulfilling any statutory requirement or complying

8-2

with any regulation deemed otherwise valid.

8-3

     (e) The secretary shall prepare and submit to the leadership of the house and senate

8-4

finance committees, by no later than January 1, 2010, a plan for restructuring functional

8-5

responsibilities across the departments to establish a consumer centered integrated system of

8-6

health and human services that provides high quality and cost-effective services at the right time

8-7

and in the right setting across the life-cycle.

8-8

     42-7.2-12. Medicaid program study.-- (a) The secretary of the executive office of health

8-9

and human services shall conduct a study of the Medicaid programs administered by the state to

8-10

review and analyze the options available for reducing or stabilizing the level of uninsured Rhode

8-11

Islanders and containing Medicaid spending.

8-12

     (1) As part of this process, the study shall consider the flexibility afforded the state under

8-13

the federal Deficit Reduction Act of 2006 and any other changes in federal Medicaid policy or

8-14

program requirements occurring on or before December 31, 2006, as well as the various

8-15

approaches proposed and/or adopted by other states through federal waivers, state plan

8-16

amendments, public-private partnerships, and other initiatives.

8-17

     (2) In exploring these options, the study shall examine fully the overall administrative

8-18

efficiency of each program for children and families, elders and adults with disabilities and any

8-19

such factors that may affect access and/or cost including, but not limited to, coverage groups,

8-20

benefits, delivery systems, and applicable cost-sharing requirements.

8-21

     (b) The secretary shall ensure that the study focuses broadly on the Medicaid programs

8-22

administered by the executive office of health and human services and all five (5) of the state's

8-23

five (5) four (4) health and human services departments, irrespective of the source or manner in

8-24

which funds are budgeted or allocated. The directors of the departments shall cooperate with the

8-25

secretary in preparing this study and provide any information and/or resources the secretary

8-26

deems necessary to assess fully the short and long-term implications of the options under review

8-27

both for the state and the people and the communities the departments serve. The secretary shall

8-28

submit a report and recommendations based on the findings of the study to the general assembly

8-29

and the governor no later than March 1, 2007.

8-30

     42-7.2-16. Medicaid System Reform 2008. -- (a) The executive office of health and

8-31

human services, in conjunction with the department of human services, the department of elderly

8-32

affairs, the department of children youth and families, the department of health and the

8-33

department of mental health, retardation behavioral healthcare, developmental disabilities, and

8-34

hospitals, is authorized to design options that reform the Medicaid program so that it is a person-

9-1

centered, financially sustainable, cost-effective, and opportunity driven program that: utilizes

9-2

competitive and value based purchasing to maximize the available service options, promote

9-3

accountability and transparency, and encourage and reward healthy outcomes, independence, and

9-4

responsible choices; promotes efficiencies and the coordination of services across all health and

9-5

human services agencies; and ensures the state will have a fiscally sound source of publicly-

9-6

financed health care for Rhode Islanders in need.

9-7

     (b) Principles and Goals. In developing and implementing this system of reform, the

9-8

executive office of health and human services and the five (5) four (4) health and human services

9-9

departments shall pursue the following principles and goals:

9-10

     (1) Empower consumers to make reasoned and cost-effective choices about their health

9-11

by providing them with the information and array of service options they need and offering

9-12

rewards for healthy decisions;

9-13

     (2) Encourage personal responsibility by assuring the information available to

9-14

beneficiaries is easy to understand and accurate, provide that a fiscal intermediary is provided

9-15

when necessary, and adequate access to needed services;

9-16

     (3) When appropriate, promote community-based care solutions by transitioning

9-17

beneficiaries from institutional settings back into the community and by providing the needed

9-18

assistance and supports to beneficiaries requiring long-term care or residential services who wish

9-19

to remain, or are better served in the community;

9-20

     (4) Enable consumers to receive individualized health care that is outcome-oriented,

9-21

focused on prevention, disease management, recovery and maintaining independence;

9-22

     (5) Promote competition between health care providers to ensure best value purchasing,

9-23

to leverage resources and to create opportunities for improving service quality and performance;

9-24

     (6) Redesign purchasing and payment methods to assure fiscal accountability and

9-25

encourage and to reward service quality and cost-effectiveness by tying reimbursements to

9-26

evidence-based performance measures and standards, including those related to patient

9-27

satisfaction; and

9-28

     (7) Continually improve technology to take advantage of recent innovations and advances

9-29

that help decision makers, consumers and providers to make informed and cost-effective

9-30

decisions regarding health care.

9-31

     (c) The executive office of health and human services shall annually submit a report to

9-32

the governor and the general assembly commencing on a date no later than July 1, 2009

9-33

describing the status of the administration and implementation of the Global Waiver Compact.

10-34

     SECTION 2. Chapter 42-7.2 of the General Laws entitled ”Office of Health and Human

10-35

Service” is hereby amended by adding thereto the following section:

10-36

     42-7.2-17. Statutory reference to the office of health and human services.--

10-37

Notwithstanding other statutory references to the department of human services, wherever in the

10-38

general or public laws, or any rule or regulation, any reference shall appear to the "department of

10-39

human services" or to "department" as it relates to any responsibilities for and/or to Medicaid,

10-40

unless the context otherwise requires, it shall be deemed to mean "the office of health and human

10-41

services."

10-42

     SECTION 3. Section 42-18-5 of the General Laws in Chapter 42-18 entitled "Department

10-43

of Health" is hereby amended to read as follows:

10-44

     42-18-5. Transfer of powers and functions from department of health. -- (a) There

10-45

are hereby transferred to the department of administration:

10-46

      (1) Those functions of the department of health which were administered through or with

10-47

respect to departmental programs in the performance of strategic planning as defined in section

10-48

42-11-10(c);

10-49

      (2) All officers, employees, agencies, advisory councils, committees, commissions, and

10-50

task forces of the department of health who were performing strategic planning functions as

10-51

defined in section 42-11-10(c); and

10-52

      (3) So much of other functions or parts of functions and employees and resources,

10-53

physical and funded, related thereto of the director of health as are incidental to and necessary for

10-54

the performance of the functions transferred by subdivisions (1) and (2).

10-55

      (b) There is hereby transferred to the department of human services the administration

10-56

and management of the special supplemental nutrition program for women, infants, and children

10-57

(WIC) and all functions and resources associated therewith.

10-58

      (c) There is hereby transferred to the department of human services executive office of

10-59

health and human services the HIV/AIDS direct services programs care and treatment programs

10-60

and all functions and resources associated therewith. The department of health shall retain the

10-61

HIV surveillance and prevention programs and all functions and resources associated therewith.

10-62

     SECTION 4. Section 35-17-1 of the General Laws in Chapter 35-17 entitled "Medical

10-63

Assistance and Public Assistance Caseload Estimating Conferences" is hereby amended to read

10-64

as follows:

10-65

     35-17-1. Purpose and membership. -- (a) In order to provide for a more stable and

10-66

accurate method of financial planning and budgeting, it is hereby declared the intention of the

10-67

legislature that there be a procedure for the determination of official estimates of anticipated

10-68

medical assistance expenditures and public assistance caseloads, upon which the executive budget

11-1

shall be based and for which appropriations by the general assembly shall be made.

11-2

      (b) The state budget officer, the house fiscal advisor, and the senate fiscal advisor shall

11-3

meet in regularly scheduled caseload estimating conferences (C.E.C.). These conferences shall be

11-4

open public meetings.

11-5

      (c) The chairpersonship of each regularly scheduled C.E.C. will rotate among the state

11-6

budget officer, the house fiscal advisor, and the senate fiscal advisor, hereinafter referred to as

11-7

principals. The schedule shall be arranged so that no chairperson shall preside over two (2)

11-8

successive regularly scheduled conferences on the same subject.

11-9

      (d) Representatives of all state agencies are to participate in all conferences for which

11-10

their input is germane.

11-11

      (e) The department of human services shall provide monthly data to the members of the

11-12

caseload estimating conference by the fifteenth day of the following month. Monthly data shall

11-13

include, but is not limited to, actual caseloads and expenditures for the following case assistance

11-14

programs: temporary assistance to needy families, SSI federal program Rhode Island Works, and

11-15

SSI state program, general public assistance, and child care, state food stamp program, and

11-16

weatherization. The executive office of health and human services report shall include report

11-17

relevant caseload information and expenditures for the following medical assistance categories:

11-18

hospitals, long-term care, nursing homes, managed care, pharmacy, special education, and all

11-19

other medical services. In the category of managed care, caseload information and expenditures

11-20

for the following populations shall be separately identified and reported: children with

11-21

disabilities, children in foster care, and children receiving adoption assistance. The information

11-22

shall include the number of Medicaid recipients whose estate may be subject to a recovery, the

11-23

anticipated recoveries from the estate and the total recoveries collected each month.

11-24

     SECTION 5. Chapter 40-6 of the General Laws entitled "Public Assistance Act" is

11-25

hereby amended by adding thereto the following section:

11-26

     40-6-27.2. Supplementary cash assistance payment for certain supplemental security

11-27

income recipients. -- (a) There is hereby established a $206 monthly payment for disabled and

11-28

elderly individuals who, on or after July 1, 2012, receive the state supplementary assistance

11-29

payment for an individual in state licensed assisted living residence under section 40-6-27 and

11-30

further reside in an assisted living facility that is not eligible to receive funding under Title XIX

11-31

of the Social Security Act, 42 U.S.C. section 1381 et seq.

11-32

     SECTION 6. This article shall take effect on July 1, 2012.

=======

art.019/4/019/3/031/1

=======

1-1

ARTICLE 19

1-2

RELATING TO MEDICAID REFORM ACT OF 2008

1-3

     SECTION 1. Rhode Island Medicaid Reform Act of 2008.

1-4

     WHEREAS, The General Assembly enacted Chapter 12.4 of Title 42 entitled “The

1-5

Rhode Island Medicaid Reform Act of 2008”; and

1-6

     WHEREAS, A Joint Resolution is required pursuant to Rhode Island General Laws § 42-

1-7

12.4-1, et seq.; and

1-8

     WHEREAS, Rhode Island General Law § 42-12.4-7 provides that any change that

1-9

requires the implementation of a rule or regulation or modification of a rule or regulation in

1-10

existence prior to the implementation of the global consumer choice section 1115 demonstration

1-11

(“the demonstration”) shall require prior approval of the general assembly; and further provides

1-12

that any category II change or category III change as defined in the demonstration shall also

1-13

require prior approval by the general assembly; and

1-14

     WHEREAS, Rhode Island General Law § 42-7.2-5 provides that the Secretary of the

1-15

Office of Health and Human Services is responsible for the “review and coordination of any

1-16

Global Consumer Choice Compact Waiver requests and renewals as well as any initiatives and

1-17

proposals requiring amendments to the Medicaid state plan or category I or II changes” as

1-18

described in the demonstration, with “the potential to affect the scope, amount, or duration of

1-19

publicly-funded health care services, provider payments or reimbursements, or access to or the

1-20

availability of benefits and services provided by Rhode Island general and public laws”; and

1-21

     WHEREAS, In pursuit of a more cost-effective consumer choice system of care that is

1-22

fiscally sound and sustainable, the Secretary requests general assembly approval of the following

1-23

proposals to amend the demonstration:

1-24

      (a) Medicaid Managed Care Plan Refinements – New Components. The Medicaid single

1-25

state agency proposes to reduce hospital readmissions, promote better health and nutrition and

1-26

encourage non-invasive approaches to address obesity by incorporating a nutritional education

1-27

and exercise component into the benefit package offered to certain Medicaid beneficiaries.

1-28

Establishing a targeted benefit requires amendments to or new rules, regulations and procedures

1-29

pertaining to coverage for the Medicaid populations affected as well as a Category II change to

1-30

the Global Consumer Choice Compact Waiver in those areas where additional authority is

1-31

warranted under the terms and conditions of the demonstration agreement;

2-1

     (b) Medicaid Rate Change – Durable Medical Equipment. The Medicaid single state

2-2

agency proposes to reduce the payment for durable medical equipment provided to beneficiaries

2-3

to 85 percent of the Medicare payment rate. Implementation of this change requires a Category II

2-4

change under the terms and conditions of the Global Consumer Choice Waiver. The Medicaid

2-5

single state agency is instructed to review the appropriateness and relevance of its current

2-6

package of approved durable medical equipment (DME) to ensure the equipment is accessible

2-7

and reliable. The Medicaid single state agency is to consider the purchase of any additional or

2-8

alternative equipment and is to explore group purchasing opportunities to access DME. The

2-9

Medicaid single state agency is to review agreements with DME providers to ensure standards

2-10

governing the maintenance and durability of DME are established and monitored; and

2-11

     (c) Medicaid Requirements and Opportunities under U.S. Patient Protection and

2-12

Affordable Care Act (ACA) of 2010. The Medicaid agency proposes to pursue any requirements

2-13

and/or opportunities established under the ACA that may warrant a Category II or III change

2-14

under the terms and conditions of the Global Consumer Choice Waiver. Any such actions the

2-15

Medicaid agency takes shall not have an adverse impact on beneficiaries or cause there to be an

2-16

increase in expenditures beyond the amount appropriated for state fiscal year 2013; now

2-17

therefore, be it

2-18

     RESOLVED, That the general assembly hereby approves proposals (a) through (c) listed

2-19

above to amend the demonstration; and be it further

2-20

     RESOLVED, That the secretary of the office of health and human services is authorized

2-21

to pursue and implement any waiver amendments, category II or category III changes, state plan

2-22

amendments and/or changes to the applicable department’s rules, regulations and procedures

2-23

approved herein and as authorized by § 42-12.4-7; and be it further

2-24

     RESOLVED, That this joint resolution shall take effect upon passage.

2-25

     SECTION 2. This article shall take effect upon passage.

=======

art.020/1

=======

1-1

ARTICLE 20

1-2

RELATING TO EAST BAY BRIDGE SYSTEM

1-3

     SECTION 1. Title 24 of the General Laws entitled “HIGHWAYS” is hereby amended by

1-4

adding thereto the following chapter:

1-5

     CHAPTER 24-16

1-6

     EAST BAY BRIDGE SYSTEM ACT OF 2012

1-7

     24-16-1. Short Title. -- This chapter shall be known and may be cited as the “East Bay

1-8

Bridge System Act of 2012”.

1-9

     24-16-2. Legislative findings. -- The general assembly finds that:

1-10

     (1) The State of Rhode Island, through the Rhode Island Department of Transportation

1-11

(“RIDOT”), funds the repair, replacement, and maintenance of bridges in Rhode Island, except

1-12

the Newport Bridge and the Mount Hope Bridge.

1-13

     (2) Rhode Island depends on three primary sources for funding all transportation

1-14

infrastructure construction, maintenance, and operations. These sources are Federal funds, State

1-15

bond funds, and motor fuel tax revenue. Of these sources, two (Federal funds and motor fuel tax

1-16

revenue) are mutable.

1-17

     (3) The 2008 Governor’s Blue Ribbon Panel on Transportation Funding and the 2011

1-18

Senate Special Commission on Sustainable Transportation funding determined that there is

1-19

insufficient revenue available from all existing sources to fund the maintenance and improvement

1-20

of Rhode Island transportation infrastructure.

1-21

     (4) In 2011, the Rhode Island general assembly adopted a component of the

1-22

recommended systemic change to transportation funding by creating the Rhode Island Highway

1-23

Maintenance Trust Fund, to be funded by an increase in license and registration fees and

1-24

contributions from the Rhode Island Capital Plan (RICAP) fund, beginning in FY2014.

1-25

     (5) Although the State is shifting from long-term borrowing to annual revenues to fund

1-26

transportation infrastructure, there is still a funding gap between the revenue needed to maintain

1-27

all roads and bridges in good condition and the annual amounts generated by current revenue

1-28

sources.

1-29

     (6) The State has sufficient financial resources to complete the construction of the new

1-30

Sakonnet River Bridge and to demolish the existing Sakonnet River Bridge, but does not have

1-31

sufficient financial resources to assure the future maintenance and operation of the Sakonnet

2-1

River Bridge.

2-2

     (7) There is limited access to and from Rhode Island’s East Bay, consisting of Bristol and

2-3

Newport Counties, and this access is restricted both by geography and infrastructure. The most

2-4

critical infrastructure includes the four bridges that comprise the access to Aquidneck Island and

2-5

Conancicut Island. These four bridges make up less than half a percent of the total bridges in the

2-6

state, but comprise approximately twenty percent of the deck area of all Rhode Island bridges.

2-7

     (8) Two of the four bridges, the Sakonnet River Bridge and the Jamestown Verrazzano

2-8

Bridge, are owned and maintained by RIDOT. The Rhode Island Turnpike and Bridge Authority

2-9

(“RITBA”) currently owns and maintains the other two bridges: the Newport Bridge and the

2-10

Mount Hope Bridge.

2-11

     (9) In the current economic and political climate, cooperation between State departments

2-12

and/or quasi-public agencies provides the best opportunity to maximize financial and knowledge-

2-13

based resources.

2-14

     (10) RITBA currently assesses a toll for passage over the Newport Bridge, and this toll

2-15

serves as the sole source of revenue for RITBA to maintain both the Newport Bridge and the

2-16

Mount Hope Bridge and related appurtenances.

2-17

     (11) The Federal Highway Administration allows for the placement of tolls on certain

2-18

transportation infrastructure in order to assure the improvement and proper operation and

2-19

maintenance of the structure and associated roadways.

2-20

     (12) The current toll structure places undue burden on the residents, businesses, and

2-21

visitors who must use the Newport Bridge to access work, schools, shopping, and other essential

2-22

services. It is crucial to establish a comprehensive strategy to fund and maintain the bridges

2-23

connecting the East Bay.

2-24

     (13) The transfer of the Sakonnet River Bridge and its appurtenances and the Jamestown

2-25

Verrazzano Bridge and its appurtenances to the Rhode Island Turnpike and Bridge Authority

2-26

would be in the best interests of the State of Rhode Island and its residents, particularly those

2-27

living and working in the East Bay.

2-28

     (14) The placement of a toll on the Sakonnet River Bridge, under the direction of RITBA,

2-29

would serve to create a more viable means of funding future maintenance and repairs of the East

2-30

Bay bridges and would allow for the establishment of a more equitable toll structure, along with a

2-31

fund for capital transportation projects and preventive maintenance in the East Bay.

2-32

     24-16-3. East Bay Infrastructure fund established. -- (a) There is hereby created a

2-33

special account in the general fund to be known as the East Bay Infrastructure (EBI) fund.

3-34

     (b) The fund shall consist of all those moneys which the Rhode Island Turnpike and

3-35

Bridge Authority may and the state may, from time to time, direct to the fund, including, but not

3-36

necessarily limited to, funds in excess of those required to (i) pay debt service payments, (ii)

3-37

operate and maintain the bridges; and (iii) maintain required or adequate reserves.

3-38

     (c) All funds collected pursuant to this section shall be deposited in the EBI fund and

3-39

shall be used only in Bristol and Newport Counties, and only for the purposes set forth in this

3-40

chapter.

3-41

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

3-42

shall remain in the EBI fund. There shall be no requirement that moneys received into the EBI

3-43

fund during any given calendar year or fiscal year be expended during the same calendar year or

3-44

fiscal year.

3-45

     (e) The EBI fund shall be administered by the director, who shall allocate and spend

3-46

moneys from the fund only in accordance with the purposes and procedures set forth in this

3-47

chapter.

3-48

     SECTION 2. Section 24-8-28 of the General Laws in Chapter 24-8 entitled

3-49

“Construction and Maintenance of State Roads” is hereby repealed.

3-50

     § 24-8-28 Sakonnet River stone bridge. The department of transportation shall have

3-51

full charge and control of the operation and maintenance of the Rhode Island stone bridge across

3-52

Sakonnet River connecting the island of Rhode Island with the mainland, and the bridge is hereby

3-53

made a part of the state highway system. The department shall appoint the attendants and other

3-54

employees as may be required for the care and operation of the bridge, and in all matters of the

3-55

care, operation, and maintenance of the bridge the department shall exercise full authority. All

3-56

appropriations for the care, maintenance, and repair of the bridge shall be expended under the

3-57

direction of the department.

3-58

     SECTION 3. Sections 24-12-1, 24-12-5, 24-12-9, 24-12-18, 24-12-26, 24-12-28, 24-12-

3-59

39 and 24-12-50 of the General Laws in Chapter 24-12 entitled “Rhode Island Bridge and

3-60

Turnpike Authority” are hereby amended to read as follows:

3-61

      24-12-1. Definitions. -- As used in this chapter, the following words and terms shall

3-62

have the following meanings, unless the context shall indicate another or different meaning:

3-63

     (1) "Additional facility" means any bridge, (excluding the Sakonnet River Bridge),

3-64

approach or feeder road, highway, road, freeway, tunnel, overpass, or underpass, parking facility

3-65

or toll facility, in the state, equipment or signal and information system, which the authority is

3-66

authorized by this chapter or any other law to construct, reconstruct, renovate, acquire, maintain,

3-67

repair, operate, or manage after May 3, 1954 or any portion thereof.

4-68

     (2) "Annual period" means the one-year fiscal period of the state commencing on the first

4-69

day of July of any year and ending the last day of June of the following year.

4-70

     (3) "Authority" means the Rhode Island turnpike and bridge authority created by § 24-12-

4-71

2, or, if the authority shall be abolished, the board, body, or commission succeeding to the

4-72

principal functions thereof or upon whom the powers given by the chapter to the authority shall

4-73

be given by law.

4-74

     (4) "Cost" as applied to any project to be constructed, reconstructed, renovated,

4-75

maintained, acquired, leased, repaired, operated or managed by the authority shall embrace the

4-76

cost of construction, reconstruction, renovation, maintenance, repair, operation or management,

4-77

the cost of the acquisition of all land, rights-of-way, property, rights, easements, and interests

4-78

acquired by the authority for the construction, reconstruction, renovation, maintenance, repair,

4-79

operation or management, the cost of demolishing or removing any buildings or structures on

4-80

land so acquired, including the cost of acquiring any lands to which the buildings or structures

4-81

may be moved, the cost of all machinery and equipment, financing charges, interest prior to and

4-82

during construction, reconstruction, renovation, maintenance, repair, operation or management,

4-83

and for one year after completion of construction, reconstruction, renovation, maintenance, repair,

4-84

operation or management, cost of traffic estimates and of engineering and legal services, plans,

4-85

specifications, surveys, estimates of cost and of revenues, other expenses necessary or incident to

4-86

determining the feasibility or practicability of construction, reconstruction, renovation,

4-87

maintenance, repair, operation or management, administrative expenses, and such other expenses

4-88

as may be necessary or incident to the construction, reconstruction, renovation, maintenance,

4-89

repair, operation or management, the financing of the construction, and the placing of the project

4-90

in operation, and in connection with the Newport Bridge shall include the purchase price of the

4-91

ferry franchise. The word "cost" as applied to any project which the authority may be authorized

4-92

to acquire means the amount of the purchase price, lease payments, debt service payments, or the

4-93

amount of any condemnation award in connection with the acquisition of the project, and shall

4-94

include the cost of acquiring all the capital stock of the corporation owning the project, if such be

4-95

the case, and the amount to be paid to discharge all of the obligations of the corporation in order

4-96

to vest title to the project in the authority, the cost of improvements to the project which may be

4-97

determined by the authority to be necessary prior to the financing thereof, interest during the

4-98

period of construction of the improvements and for one year thereafter, the cost of all lands,

4-99

properties, rights, easements, franchises, and permits acquired, the cost of engineering and legal

4-100

services, plans, specifications, surveys, estimates of cost and of revenues, other expenses

4-101

necessary or incident to determining the feasibility or practicability of the acquisition or

4-102

improvement, administrative expenses, and such other expenses as may be necessary or incident

5-1

to the financing of the acquisition or improvement and the placing of the project in operation by

5-2

the authority.

5-3

     (ii) "Cost" as applied to the Mount Hope Bridge means such amount, if any, as the

5-4

authority may deem necessary, following the acquisition of a bridge under the provisions of § 24-

5-5

12-40A, to place the bridge in safe and efficient condition for its operation. And as applied to any

5-6

project constructed or acquired by the authority under the provisions of the chapter, the word

5-7

"cost" shall also include such amounts as the authority may deem necessary for working capital

5-8

and to create a debt service reserve for interest.

5-9

     (iii) "Cost" as applied to the Sakonnet River Bridge includes such amount, if any, as the

5-10

authority may deem necessary, following the acquisition of the Sakonnet River Bridge under the

5-11

provisions of subsection 24-12-40F, to place the bridge in safe and efficient condition for its

5-12

operation. As applied to any project constructed or acquired by the authority under the provisions

5-13

of the chapter, the word "cost" shall also include such amounts as the authority may deem

5-14

necessary for capitalized interest, working capital and to create a debt service reserve.

5-15

     (iv) “Cost” as applied to the Jamestown Verrazzano Bridge includes such amount, if any,

5-16

as the authority may deem necessary, following the acquisition of the Jamestown Verrazzano

5-17

Bridge under the provisions of subsection 24-12-40G, to place the bridge in safe and efficient

5-18

condition for its operation. As applied to any project constructed or acquired by the authority

5-19

under the provisions of the chapter, the word "cost" shall also include such amounts as the

5-20

authority may deem necessary for capitalized interest, working capital and to create a debt service

5-21

reserve.

5-22

     (5) "Department" means the department of transportation, or, if the department shall be

5-23

abolished, the board, body, or commission succeeding to the principal functions thereof or upon

5-24

whom the powers given by chapter 5 of title 37 to the department shall be given by law.

5-25

     (6) "Ferry franchise" means the existing franchises and rights to operate ferries belonging

5-26

to the Jamestown and Newport ferry company, but not including any other intangible personal

5-27

property or real estate or tangible personal property of the corporation which shall remain the

5-28

property of the corporation.

5-29

     (7) "Jamestown Bridge" means the existing former bridge over the west passage of

5-30

Narragansett Bay between the towns of Jamestown and North Kingstown constructed by the

5-31

Jamestown Bridge commission under the provisions of chapter 2536 of the Public Laws, 1937

5-32

and the approaches thereto, and shall embrace all tollhouses, administration, and other buildings

5-33

and structures used in connection therewith, together with all property, rights, easements, and

5-34

interests acquired by the Jamestown Bridge commission in connection with the construction and

6-1

operation of the bridge.

6-2

     (8) "Jamestown Verrazzano Bridge" means any the bridge constructed in replacement of

6-3

the Jamestown Bridge, as defined in subdivision (7) and the approaches thereto, and shall

6-4

embrace all tollhouses, administration, and other buildings and structures used in connection

6-5

therewith, together with all property, rights, easements, and interests acquired by the authority in

6-6

connection with the construction and operation of such bridge.

6-7

     (9) "Mount Hope Bridge" means the existing bridge between the towns of Bristol and

6-8

Portsmouth and the approaches thereto, which was constructed by the Mount Hope Bridge

6-9

corporation and which was acquired and is now owned and operated by the Mount Hope Bridge

6-10

authority under the provisions of chapter 13 of this title, and shall embrace all tollhouses,

6-11

administration, and other buildings and structures used in connection therewith, together with all

6-12

property, rights, easements, and interests acquired by the Mount Hope Bridge corporation or the

6-13

Mount Hope Bridge authority in connection with the construction and operation of the bridge.

6-14

     (10) "Newport Bridge" means the bridge or tunnel or combination of bridge and tunnel

6-15

constructed or to be constructed under the provisions of this chapter over or under the waters of

6-16

Narragansett Bay between Conanicut Island and the island of Rhode Aquidneck Island, shall

6-17

embrace the substructure and the superstructure thereof and the approaches thereto and the

6-18

entrance plazas, interchanges, overpasses, underpasses, tollhouses, administration, storage, and

6-19

other buildings, and highways connecting the bridge or tunnel with the Jamestown Verrazzano

6-20

Bridge (defined in subdivision (7 8) and with state highways as the authority may determine to

6-21

construct from time to time in connection therewith, together with all property, rights, easements,

6-22

and interests acquired by the authority for the construction and operation of the bridge or tunnel

6-23

or combination of bridge and tunnel.

6-24

     (11) "Owner" means and include all individuals, incorporated companies, partnerships,

6-25

societies, or associations, and also municipalities, political subdivisions, and all public agencies

6-26

and instrumentalities, having any title or interest in any property, rights, easements, or franchises

6-27

authorized to be acquired under the provisions of this chapter.

6-28

     (12) "Project" means the "Newport Bridge," "Mount Hope Bridge," “Sakonnet River

6-29

Bridge,” “Jamestown Verrazzano Bridge”, the "turnpike" or any "additional facility," as the case

6-30

may be, or any portion thereof which may be financed, acquired or leased under the provisions of

6-31

this chapter.

6-32

     (13) "Turnpike" means the controlled access highway or any portion thereof to be

6-33

constructed or acquired, from time to time, under the provisions of this chapter from a point at or

6-34

near the Connecticut-Rhode Island border through the county of Washington and the county of

7-1

Newport to a point at or near the Massachusetts-Rhode Island border in the town of Tiverton

7-2

(excluding the Jamestown Verrazzano Bridge, the Mount Hope Bridge, the Newport Bridge, and

7-3

the Sakonnet River Bridge), together with all bridges (except those mentioned above),

7-4

overpasses, underpasses, interchanges, entrance plazas, approaches, approach roads, tollhouses,

7-5

service stations, and administration, storage, and other buildings and facilities which the authority

7-6

may deem necessary for the operation of the turnpike, together with all property, rights,

7-7

easements, and interests which may be acquired by the authority for the construction or the

7-8

operation of the turnpike.

7-9

     (14) "Sakonnet River Bridge" means the replacement Sakonnet River bridge constructed

7-10

or to be constructed under the provisions of Article 36 of Chapter 376 of the Public Laws of 2003

7-11

between the towns of Tiverton and Portsmouth and shall embrace the substructure and the

7-12

superstructure thereof and the approaches thereto and the toll structures, interchanges, overpasses,

7-13

underpasses, tollhouses, administration, storage, and other buildings, and highways connecting

7-14

the bridge with state highways, as the authority may determine to construct or acquire from time

7-15

to time in connection therewith, together with all property, rights, easements, and interests

7-16

acquired by the authority for the construction and operation of the bridge.

7-17

     24-12-5. Power to construct, reconstruct, renovate, acquire, maintain, repair,

7-18

operate or manage projects or additional facilities and to issue bonds. -- In order to facilitate

7-19

vehicular traffic, remove many of the present handicaps and hazards on the congested highways

7-20

in the state, alleviate the barriers caused by large bodies of water, and promote the agricultural

7-21

and industrial development of the state, the Rhode Island turnpike and bridge authority is hereby

7-22

authorized and empowered: to construct the Newport Bridge, the turnpike, any portion thereof or

7-23

any additional facility hereafter authorized to be constructed; to acquire the Mount Hope Bridge,

7-24

to acquire the Sakonnet River Bridge, to acquire the Jamestown Verrazzano Bridge and any

7-25

additional facility hereafter authorized to be acquired (except the Sakonnet River Bridge); to

7-26

maintain, construct, reconstruct, renovate, acquire, repair, operate or manage any project or

7-27

projects; and to issue bonds of the authority as provided in this chapter to finance any project or

7-28

projects; provided, however, that the Mount Hope Bridge shall only be acquired as provided for

7-29

by § 24-12-40A.

7-30

     24-12-9. Powers of authority. -- (a) The authority is hereby authorized and empowered:

7-31

     (1) To adopt bylaws for the regulation of its affairs and the conduct of its business;

7-32

     (2) To adopt an official seal and alter it at pleasure;

7-33

     (3) To maintain an office at such place or places within the state as it may designate;

8-34

     (4) To sue and be sued in its own name, plead and be impleaded; provided, however, that

8-35

any and all actions at law or in equity against the authority shall be brought only in the county in

8-36

which the principal office of the authority shall be located;

8-37

     (5) To determine, subject to the approval of the director of transportation, the location

8-38

and the design standards of the Newport Bridge, the turnpike and any additional new facility to be

8-39

constructed;

8-40

     (6) To issue bonds of the authority for any of its purposes and to refund its bonds, all as

8-41

provided in this chapter;

8-42

     (7) To combine for financing purposes the Newport Bridge, the Mount Hope Bridge, the

8-43

Sakonnet River Bridge, the Jamestown Verrazzano Bridge, the turnpike and any additional

8-44

facility or facilities, or any two (2) or more of such projects;

8-45

     (8) To borrow money in anticipation of the issuance of bonds for any of its purposes and

8-46

to issue notes, certificates, or other evidences of borrowing in form as may be authorized by

8-47

resolution of the authority, the notes, certificates, or other evidence of borrowing to be payable in

8-48

the first instance from the proceeds of any bonds issued under the provisions of this chapter and

8-49

to contain on their face a statement to the effect that neither the state, the authority nor any

8-50

municipality or other political subdivision of the state shall be obligated to pay the same or the

8-51

interest thereon except from the proceeds of bonds in anticipation of the issuance of which the

8-52

notes, certificates, or other evidences of borrowing shall have been issued, or from revenues;

8-53

     (9) To fix and revise from time to time, subject to the provisions of this chapter, and to

8-54

charge and collect tolls for transit over the turnpike and the several parts or sections thereof, and

8-55

for the use of the Newport Bridge, the Mount Hope Bridge, the Sakonnet River Bridge, the

8-56

Jamestown Verrazzano Bridge and any additional facility acquired, financed or leased under the

8-57

provisions of this chapter;

8-58

     (10) To acquire, lease, hold and dispose of real and personal property in the exercise of

8-59

its powers and the performance of its duties;

8-60

     (11) To acquire in the name of the authority by purchase or otherwise, on such terms and

8-61

conditions and in such manner as it may deem proper, or by the exercise of the rights of

8-62

condemnation in the manner as provided by this chapter, public or private lands, including public

8-63

parks, playgrounds, or reservations, or parts thereof or rights therein, rights-of-way, property,

8-64

rights, easements and interests as it may deem necessary for carrying out the provisions of this

8-65

chapter; provided, however, that all public property damaged in carrying out the powers granted

8-66

by this chapter shall be restored or repaired and placed in its original condition as nearly as

8-67

practicable;

9-68

     (12) To designate the locations, with the approval of the director of transportation, and

9-69

establish, limit and control the points of ingress to and egress from the turnpike and any

9-70

additional facility as may be necessary or desirable in the judgment of the authority to insure the

9-71

proper operation and maintenance thereof, and to prohibit entrance to and exit from any point or

9-72

points not so designated;

9-73

     (13) To employ, in its discretion, consulting engineers, attorneys, accountants,

9-74

construction and financial experts, superintendents, managers, and such other employees and

9-75

agents as may be necessary in its judgment, and to fix their compensation;

9-76

     (14) To apply for, receive and accept from any federal agency aid and/or grants for or in

9-77

aid of the repair, maintenance and/or construction of the turnpike, the Newport Bridge, the

9-78

Sakonnet River Bridge, the Mount Hope Bridge, the Jamestown Verrazzano Bridge or any

9-79

additional facility, and to receive and accept from the state, from any municipality, or other

9-80

political subdivision thereof and from any other source aid or contributions of either money,

9-81

property, labor or other things of value, to be held, used and applied only for the purposes for

9-82

which the grants and contributions may be made;

9-83

     (15) To construct grade separations at intersections of the turnpike, the approaches and

9-84

highway connections of the Newport Bridge, the Sakonnet River Bridge, the Mount Hope Bridge,

9-85

the Jamestown Verrazzano Bridge and any additional facility with public highways, streets, or

9-86

other public ways or places, and to change and adjust the lines and grades thereof so as to

9-87

accommodate the same to the design of the grade separation; the cost of the grade separations and

9-88

any damage incurred in changing and adjusting the lines and grades of the highways, streets,

9-89

ways, and places shall be ascertained and paid by the authority as a part of the cost of the project;

9-90

     (16) To vacate or change the location of any portion of any public highway, street, or

9-91

other public way or place, sewer, pipe, main, conduit, cable, wire, tower, pole, and other

9-92

equipment and appliance of the state or of any municipality or other political subdivision of the

9-93

state and to reconstruct the same at such new location as the authority shall deem most favorable

9-94

for the project and of substantially the same type and in as good condition as the original

9-95

highway, street, way, place, sewer, pipe, main, conduit, cable, wire, tower, pole, equipment, or

9-96

appliance, and the cost of the reconstruction and any damage incurred in vacating or changing the

9-97

location thereof shall be ascertained and paid by the authority as a part of the cost of the project;

9-98

any public highway, street or other public way or place vacated or relocated by the authority shall

9-99

be vacated or relocated in the manner provided by law for the vacation or relocation of public

9-100

roads, and any damages awarded on account thereof shall be paid by the authority as a part of the

9-101

cost of the project;

10-102

     (17) The authority shall also have the power to make reasonable regulations, subject to

10-103

the approval of the public utility administrator, for the installation, construction, maintenance,

10-104

repair, renewal, relocation and removal of tracks, pipes, mains, conduits, cables, wires, towers,

10-105

poles, and other equipment and appliances (herein called "public utility facilities") of any public

10-106

utility as defined in § 39-1-2, in, on, along, over or under any project. Whenever the authority

10-107

shall determine that it is necessary that any public facilities which now are, or hereafter may be,

10-108

located in, on, along, over, or under any project should be relocated in the project, or should be

10-109

removed from the project, the public utility owning or operating the facilities shall relocate or

10-110

remove the facilities in accordance with the order of the authority; provided, however, that the

10-111

cost and expenses of the relocation or removal, including the cost of installing the facilities in a

10-112

new location, or new locations, and the cost of any lands, or any rights or interests in lands, and

10-113

any other rights acquired to accomplish the relocation or removal, less the cost of any lands or

10-114

any rights or interests in lands of any other rights of the public utility paid to the public utility in

10-115

connection with the relocation or removal of the property, shall be ascertained and paid by the

10-116

authority as a part of the cost of the project. In case of any relocation or removal of facilities the

10-117

public utility owning or operating the facilities, its successors or assigns, may maintain and

10-118

operate the facilities, with the necessary appurtenances, in the new location or new locations, for

10-119

as long a period, and upon the same terms and conditions, as it had the right to maintain and

10-120

operate the facilities in their former location or locations;

10-121

     (18) To make reasonable regulations and to grant easements for the installation,

10-122

construction, maintenance, repair, renewal, relocation, and removal of pipelines, other equipment,

10-123

and appliances of any corporation or person owning or operating pipelines in, on, along, over, or

10-124

under the turnpike, whenever the authority shall determine that it is necessary that any facilities

10-125

which now are, or hereafter may be located in, on, along, over or under the turnpike should be

10-126

relocated in the turnpike, or should be removed from the turnpike, the corporation or person

10-127

owning or operating the facilities shall relocate or remove the facilities in accordance with the

10-128

order of the authority; provided, however, that the cost and expense of the relocation or removal,

10-129

including the cost of installing the facilities in a new location, or new locations, and the cost of

10-130

any lands, or any rights or interests in lands, and any other rights acquired to accomplish the

10-131

relocation or removal, less the cost of any lands or any rights or interests in lands or any other

10-132

rights of any corporation or person paid to any corporation or person in connection with the

10-133

relocation or removal of the property, shall be ascertained and paid by the authority as a part of

10-134

the cost of the project. In case of any relocation or removal of facilities the corporation or person

10-135

owning or operating the facilities, its successors or assigns, may maintain and operate the

10-136

facilities, with the necessary appurtenances, in the new location or new locations, for as long a

11-1

period, and upon the same terms and conditions, as it had the right to maintain and operate the

11-2

facilities in their former location or locations;

11-3

     (19) To enter upon any lands, waters, and premises for the purpose of making such

11-4

surveys, soundings, borings, and examinations as the authority may deem necessary or

11-5

convenient for its purposes, and the entry shall not be deemed a trespass, nor shall an entry for

11-6

such purposes be deemed an entry under any condemnation proceedings; provided, however, the

11-7

authority shall pay any actual damage resulting to the lands, water, and premises as a result of the

11-8

entry and activities as a part of the cost of the project;

11-9

     (20) To enter into contracts or agreements with any board, commission, public

11-10

instrumentality of another state or the federal government or with any political subdivision of

11-11

another state relating to the connection or connections to be established between the turnpike or

11-12

any additional facility with any public highway or turnpike now in existence or hereafter to be

11-13

constructed in another state, and with respect to the construction, maintenance and operation of

11-14

interstate turnpikes or expressways;

11-15

     (21) To enter into contracts with the department of transportation with respect to the

11-16

construction, reconstruction, renovation, acquisition, maintenance, repair, mitigation,

11-17

remediation, operation or management of any project and with the Rhode Island state police with

11-18

respect to the policing of any project;

11-19

     (22) To make and enter into all contracts and agreements necessary or incidental to the

11-20

performance of its duties and the execution of its powers under this chapter; and

11-21

     (23) To do all other acts and things necessary or convenient to carry out the powers

11-22

expressly granted in this chapter.

11-23

     (24) To grant and/or contract through the transfer of funds of the authority to the

11-24

department of transportation for the construction, reconstruction, acquisition, maintenance, repair,

11-25

operation or management by the department of transportation of any project or projects

11-26

authorized by this chapter, and the department of transportation is authorized to accept any such

11-27

grant or transfer of funds.

11-28

     (b) Provided, the authority in carrying out the provisions of this section shall hold public

11-29

hearings in the city or town where a proposed project will be located prior to the finalization of

11-30

any specifications or the awarding of any contracts for any project.

11-31

     24-12-18. Bonds. -- (a) Issuance and sale of revenue bonds. Subject to the provisions of

11-32

§§24-12-21 24-12-24 tThe authority is hereby authorized to provide by resolution for the

11-33

issuance, at one time or in series from time to time, of revenue bonds of the authority for the

11-34

purpose of paying all or a part of the cost of any one or more projects, the construction,

12-1

reconstruction, renovation, acquisition, maintenance, repair, operation or management of which is

12-2

authorized by this chapter, and making provision for working capital and a debt service reserve

12-3

for interest. The principal of and the interest on the bonds shall be payable solely from the funds

12-4

herein provided for the payment. The bonds of each issue shall be dated, shall bear interest at

12-5

such rate or rates per annum, shall mature at such time or times not exceeding fifty (50) years

12-6

from their date or dates, as may be determined by the authority, and may be made redeemable

12-7

before maturity, at the option of the authority, at such price or prices and under such terms and

12-8

conditions as may be fixed by the authority prior to the issuance of the bonds. The authority may

12-9

sell such bonds in such manner, either at public or private sale, and for such price, as it may

12-10

determine to be for the best interests of the authority, but no such sale shall be made at a price

12-11

less than ninety-seven percent (97%) of the principal amount of the bonds.

12-12

     (b) Form and execution of all bonds. The authority shall determine the form and the

12-13

manner of execution of all bonds issued under the provisions of this chapter, including any

12-14

interest coupons to be attached thereto, and shall fix the denomination or denominations of the

12-15

bonds and the place or places of payment of the principal and interest, which may be at any bank

12-16

or trust company within or without the state. In case any officer whose signature or a facsimile of

12-17

whose signature shall appear on any bonds or coupons shall cease to be an officer before the

12-18

delivery of the bonds, the signature or the facsimile shall nevertheless be valid and sufficient for

12-19

all purposes the same as if the officer had remained in office until the delivery, and any bond may

12-20

bear the facsimile signature of, or may be signed by, the persons as at the actual time of the

12-21

execution of the bond shall be the proper officers to sign the bond although at the date of the bond

12-22

the persons may not have been the officers. The bonds may be issued in coupon or in registered

12-23

form, and in certificated or book entry only form as the authority may determine, and provision

12-24

may be made for the registration of any coupon bonds as to principal alone and also as to both

12-25

principal and interest, for the reconversion into coupon bonds of any bonds registered as to both

12-26

principal and interest, and for the interchange of registered and coupon bonds.

12-27

      24-12-26. Power to collect tolls and charges – Gasoline and service concessions. --

12-28

(a) The authority is hereby authorized, subject to the provisions of this chapter, to fix, revise,

12-29

charge and collect tolls for the use of the Newport Bridge, the Mount Hope Bridge, the Sakonnet

12-30

River Bridge (subject to federal regulations and approvals), the turnpike and the different parts or

12-31

sections thereof, and for the use of any additional facility and the different parts or sections

12-32

thereof, and to contract with any person, partnership, association or corporation for placing on

12-33

any project telephone, telegraph, electric light or power lines, gas stations, garages, and

12-34

restaurants if deemed necessary by the authority in connection with the project, or for the use of

13-1

any project or part thereof, including the right-of-way adjoining the paved portion of the turnpike

13-2

or of any additional facility or for any other purposes and to fix the terms, conditions, rents and

13-3

rates of charges for such use; provided, that the authority shall construct any gasoline service

13-4

facilities which it may determine are needed on the project, and provided, further, that, to afford

13-5

users of the project a reasonable choice of motor fuels of different brands, each gasoline service

13-6

station shall be separately offered for lease upon sealed bids and, after notice of the offer has been

13-7

published once a week in three (3) consecutive weeks in a newspaper having general circulation

13-8

in the state, and, in the event an acceptable bid shall be received in the judgment of the authority,

13-9

each lease shall be awarded to the highest responsible bidder therefor, but no person shall be

13-10

awarded or have the use of, nor shall motor fuel identified by the trade-marks, trade names, or

13-11

brands of any one supplier, distributor, or retailer of such fuel be sold at more than one service

13-12

station if they would constitute more than twenty-five percent (25%) of the service stations on the

13-13

project. Notwithstanding the provisions of this section, members of the town of Jamestown police

13-14

and fire department and ambulance service personnel of the town of Jamestown and Jamestown

13-15

school department who, in the course of their duty, are required to pay a toll for use of the

13-16

Newport Bridge, shall, upon the presentment of receipts for the payment of the toll to the town of

13-17

Jamestown, be reimbursed for all charges on an annual basis by the town of Jamestown who in

13-18

turn shall be reimbursed for all payments made by the state. Notwithstanding the provisions of

13-19

this section, members of the city of Newport police and fire department and rescue personnel

13-20

who, in the course of their duty, are required to pay a toll for use of the Newport Bridge, shall,

13-21

upon the presentment of receipts for the payment of the toll to the city of Newport, be reimbursed

13-22

for all charges on an annual basis by the city of Newport who in turn shall be reimbursed for all

13-23

payments made by the state.

13-24

     (b) Notwithstanding the provisions of this section, members of the police and fire

13-25

department and rescue personnel of any city or town in this state who, in the course of their duty,

13-26

are required to pay a toll for use of the Mount Hope Bridge or the Sakonnet River Bridge, shall,

13-27

upon the presentment of receipts for the payment of the toll to their town or city, be reimbursed

13-28

for all such charges on an annual basis by the town or city, who in turn shall be reimbursed for all

13-29

payments made by the state.

13-30

     24-12-28. Revenues pledged to sinking fund. -- To the extent provided in the resolution

13-31

authorizing the issuance of bonds or finance lease or in the trust agreement securing the same, the

13-32

tolls and all other revenues received by the authority derived from the project or projects or

13-33

portion or portions in connection with which the bonds of any one or more series shall have been

13-34

issued, shall be set aside at such regular intervals as may be provided in the resolution or the trust

14-1

agreement in a sinking fund or funds which shall be pledged to, and charged with, the payment of

14-2

the lease payments and/or of the principal of and the interest on the bonds as the bonds shall

14-3

become due, and the redemption price or the purchase price of bonds or other obligations retired

14-4

by call or purchase as provided in the resolution or trust agreement. The pledge shall be valid and

14-5

binding from the time when the pledge is made; the tolls and other revenues or other money so

14-6

pledged and thereafter received by the authority shall immediately be subject to the lien of the

14-7

pledge without any physical delivery thereof or further act, and the lien of any pledge shall be

14-8

valid and binding as against all parties having claims of any kind in tort, contract, or otherwise

14-9

against the authority, irrespective of whether the parties have notice thereof. Neither the

14-10

resolution nor any trust agreement by which a pledge is created need be filed or recorded except

14-11

in the records of the authority. The use and disposition of money to the credit of each sinking

14-12

fund shall be subject to the provisions of the resolution authorizing the issuance of the lease, the

14-13

bonds or of the trust agreement. Notwithstanding any provision(s) of Section 3 of Article 6 of

14-14

Chapter 23 of the Public Laws of 2010, the provisions of this section shall apply to all bonds

14-15

issued or to be issued by the authority.

14-16

      24-12-39. Transfer of projects to state – Dissolution of authority.-- When all bonds

14-17

issued under the provisions of this chapter and the interest thereon shall have been paid or a

14-18

sufficient amount for the payment of all the bonds and the interest thereon to the maturity thereof

14-19

shall have been set aside in trust for the benefit of the bondholders, all projects financed under the

14-20

provisions of this chapter shall may be transferred to the state in good condition and repair, and

14-21

thereupon the authority shall be dissolved and all funds of the authority not required for the

14-22

payment of bonds shall be paid to the general treasurer for the use of the state and all machinery,

14-23

equipment and other property belonging to the authority shall be vested in the state and delivered

14-24

to the department of transportation.

14-25

     24-12-50. Relationship to department of transportation. -- (a) The department of

14-26

transportation is hereby constituted as the agency for the authority in carrying out all of the

14-27

powers to construct, acquire, operate, and maintain turnpikes and bridges as conferred by the

14-28

general laws upon the authority.

14-29

     (b) Nothing in chapter 13 of title 42 or in this amendment to chapter 12 of title 24 shall

14-30

limit the discretions, powers, and authorities of the Rhode Island turnpike and bridge authority

14-31

necessary or desirable for it to execute and carry out the covenants, agreements, duties, and

14-32

liabilities assumed by it in the trust agreement by and between the authority and the Rhode Island

14-33

hospital trust company, as the then serving trustee under indenture dated as of December 1, 1965

14-34

April 1, 2010, as supplemented from time to time, nor shall these chapters be construed in any

15-1

way to affect the rights, privileges, powers, and remedies of any trustee the Rhode Island hospital

15-2

trust company and its successors, or of the holders of the bonds issued under any indenture, or

15-3

under any resolutions of the authority.

15-4

     SECTION 4. Chapter 24-12 of the General Laws entitled “Rhode Island Turnpike and

15-5

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

15-6

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

15-7

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

15-8

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

15-9

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

15-10

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

15-11

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

15-12

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

15-13

additional facilities.

15-14

     24-12-40.G. Title to Jamestown Verrazzano Bridge vested in Rhode Island turnpike

15-15

and bridge authority -- All powers, control, and jurisdiction of and title to the Jamestown

15-16

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

15-17

authority.

15-18

     SECTION 5. This article shall take effect upon passage.

=======

art.021/8/021/7/021/6/021/5/021/4/021/3/021/2/024/1

=======

1-1

ARTICLE 21

1-2

RELATING TO TAXATION AND REVENUES

1-3

     SECTION 1. Section 23-17-38.1 of the General Laws in Chapter 23-17 entitled

1-4

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

1-5

     23-17-38.1. Hospitals – Licensing fee. -- (a) There is imposed a hospital licensing fee at

1-6

the rate of five and four hundred sixty-five thousandths percent (5.465%) upon the net patient

1-7

services revenue of every hospital for the hospital's first fiscal year ending on or after January 1,

1-8

2009. This licensing fee shall be administered and collected by the tax administrator, division of

1-9

taxation within the department of administration, and all the administration, collection and other

1-10

provisions of chapters 50 and 51 of title 44 shall apply. Every hospital shall pay the licensing fee

1-11

to the tax administrator on or before July 18, 2011 and payments shall be made by electronic

1-12

transfer of monies to the general treasurer and deposited to the general fund in accordance with §

1-13

44-50-11 [repealed]. Every hospital shall, on or before June 20, 2011, make a return to the tax

1-14

administrator containing the correct computation of net patient services revenue for the hospital

1-15

fiscal year ending September 30, 2009, and the licensing fee due upon that amount. All returns

1-16

shall be signed by the hospital's authorized representative, subject to the pains and penalties of

1-17

perjury.

1-18

     (b)(a) There is also imposed a hospital licensing fee at the rate of five and forty-three

1-19

hundredths percent (5.43%) upon the net patient services revenue of every hospital for the

1-20

hospital's first fiscal year ending on or after January 1, 2010. This licensing fee shall be

1-21

administered and collected by the tax administrator, division of taxation within the department of

1-22

administration, and all the administration, collection and other provisions of chapters 50 and 51 of

1-23

title 44 shall apply. Every hospital shall pay the licensing fee to the tax administrator on or before

1-24

July 16, 2012 and payments shall be made by electronic transfer of monies to the general

1-25

treasurer and deposited to the general fund in accordance with section 44-50-11 [repealed]. Every

1-26

hospital shall, on or before June 18, 2012, make a return to the tax administrator containing the

1-27

correct computation of net patient services revenue for the hospital fiscal year ending September

1-28

30, 2010, and the licensing fee due upon that amount. All returns shall be signed by the hospital's

1-29

authorized representative, subject to the pains and penalties of perjury.

1-30

     (b) There is also imposed a hospital licensing fee at the rate of five and thirty-five

1-31

hundredths percent (5.35%) upon the net patient services revenue of every hospital for the

2-1

hospital's first fiscal year ending on or after January 1, 2011, except that the license fee for all

2-2

hospitals located in Washington County, Rhode Island shall be discounted by thirty-seven percent

2-3

(37%). The discount for Washington County hospitals is subject to approval by the Secretary of

2-4

the US Department of Health and Human Services of a state plan amendment submitted by the

2-5

Executive Office of Health and Human Services for the purpose of pursuing a waiver of the

2-6

uniformity requirement for the hospital license fee. This licensing fee shall be administered and

2-7

collected by the tax administrator, division of taxation within the department of revenue, and all

2-8

the administration, collection and other provisions of 51 of title 44 shall apply. Every hospital

2-9

shall pay the licensing fee to the tax administrator on or before July 15, 2013 and payments shall

2-10

be made by electronic transfer of monies to the general treasurer and deposited to the general

2-11

fund. Every hospital shall, on or before June 17, 2013, make a return to the tax administrator

2-12

containing the correct computation of net patient services revenue for the hospital fiscal year

2-13

ending September 30, 2011, and the licensing fee due upon that amount. All returns shall be

2-14

signed by the hospital's authorized representative, subject to the pains and penalties of perjury.

2-15

     (c) For purposes of this section the following words and phrases have the following

2-16

meanings:

2-17

     (1) "Hospital" means a person or governmental unit duly licensed in accordance with this

2-18

chapter to establish, maintain, and operate a hospital, except a hospital whose primary service and

2-19

primary bed inventory are psychiatric.

2-20

     (2) "Gross patient services revenue" means the gross revenue related to patient care

2-21

services.

2-22

     (3) "Net patient services revenue" means the charges related to patient care services less

2-23

(i) charges attributable to charity care, (ii) bad debt expenses, and (iii) contractual allowances.

2-24

     (d) The tax administrator shall make and promulgate any rules, regulations, and

2-25

procedures not inconsistent with state law and fiscal procedures that he or she deems necessary

2-26

for the proper administration of this section and to carry out the provisions, policy and purposes

2-27

of this section.

2-28

     (e) The licensing fee imposed by this section shall apply to hospitals as defined herein

2-29

which are duly licensed on July 1, 2011 2012, and shall be in addition to the inspection fee

2-30

imposed by § 23-17-38 and to any licensing fees previously imposed in accordance with § 23-17-

2-31

38.1.

2-32

     SECTION 2. Title 44 of the General Laws entitled “TAXATION” is hereby amended by

2-33

adding thereto the following chapter:

3-34

     CHAPTER 44-6.4

3-35

     2012 RHODE ISLAND TAX AMNESTY ACT

3-36

     44-6.4-1. Short title. -- This chapter shall be known as the "2012 Rhode Island Tax

3-37

Amnesty Act".

3-38

     44-6.4-2. Definitions. -- As used in this chapter, the following terms have the meaning

3-39

ascribed to them in this section, except when the context clearly indicates a different meaning:

3-40

     (1) "Taxable period" means any period for which a tax return is required by law to be

3-41

filed with the tax administrator;

3-42

     (2) "Taxpayer" means any person, corporation, or other entity subject to any tax imposed

3-43

by any law of the state of Rhode Island and payable to the state of Rhode Island and collected by

3-44

the tax administrator.

3-45

     44-6.4-3. Establishment of tax amnesty. -- (a) The tax administrator shall establish a tax

3-46

amnesty program for all taxpayers owing any tax imposed by reason of or pursuant to

3-47

authorization by any law of the state of Rhode Island and collected by the tax administrator.

3-48

Amnesty tax return forms shall be prepared by the tax administrator and shall provide that the

3-49

taxpayer clearly specify the tax due and the taxable period for which amnesty is being sought by

3-50

the taxpayer.

3-51

     (b) The amnesty program shall be conducted for a seventy-five (75) day period ending on

3-52

November 15, 2012. The amnesty program shall provide that, upon written application by a

3-53

taxpayer and payment by the taxpayer of all taxes and interest due from the taxpayer to the state

3-54

of Rhode Island for any taxable period ending on or prior to December 31, 2011, the tax

3-55

administrator shall not seek to collect any penalties which may be applicable and shall not seek

3-56

the civil or criminal prosecution of any taxpayer for the taxable period for which amnesty has

3-57

been granted. Amnesty shall be granted only to those taxpayers applying for amnesty during the

3-58

amnesty period who have paid the tax and interest due upon filing the amnesty tax return, or who

3-59

have entered into an installment payment agreement for reasons of financial hardship and upon

3-60

terms and conditions set by the tax administrator. In the case of the failure of a taxpayer to pay

3-61

any installment due under the agreement, such an agreement shall cease to be effective and the

3-62

balance of the amounts required to be paid thereunder shall be due immediately. Amnesty shall be

3-63

granted for only the taxable period specified in the application and only if all amnesty conditions

3-64

are satisfied by the taxpayer.

3-65

     (c) The provisions of this section shall include a taxable period for which a bill or notice

3-66

of deficiency determination has been sent to the taxpayer and a taxable period in which an audit

3-67

has been completed but has not yet been billed.

4-68

     (d) Amnesty shall not be granted to taxpayers who are under any criminal investigation or

4-69

are a party to any civil or criminal proceeding, pending in any court of the United States or the

4-70

state of Rhode Island, for fraud in relation to any state tax imposed by the law of the state and

4-71

collected by the tax administrator.

4-72

     44-6.4-4. Interest under tax amnesty. -- Notwithstanding any provision of law to the

4-73

contrary, interest on any taxes paid for periods covered under the amnesty provisions of this

4-74

chapter shall be computed at the rate imposed under section 44-1-7, reduced by twenty five

4-75

percent (25%).

4-76

     44-6.4-5. Appropriation. -- There is hereby appropriated, out of any money in the

4-77

treasury not otherwise appropriated for the 2013 fiscal year, the sum of three hundred thousand

4-78

dollars ($300,000) to the division of taxation to carry out the purposes of this chapter. The state

4-79

controller is hereby authorized and directed to draw his or her orders upon the general treasurer

4-80

for the payment of the sum or so much thereof as may be required from time to time and upon

4-81

receipt by him of properly authenticated vouchers.

4-82

     44-6.4-6. Implementation. -- Notwithstanding any provision of law to the contrary, the

4-83

tax administrator may do all things necessary in order to provide for the timely implementation of

4-84

this chapter, including, but not limited to, procurement of printing and other services and

4-85

expenditure of appropriated funds as provided for in section 44-6.4-5.

4-86

     44-6.4-7. Disposition of monies. -- (a) Except as provided in subsection (b) within, all

4-87

monies collected pursuant to any tax imposed by the state of Rhode Island under the provisions of

4-88

this chapter shall be accounted for separately and paid into the general fund.

4-89

     (b) Monies collected for the establishment of the TDI Reserve Fund (section 28-39-7),

4-90

the Employment Security Fund (section 28-42-18), the Employment Security Interest Fund

4-91

(section 28-42-75), the Job Development Fund (section 28-42-83), and the Employment Security

4-92

Reemployment Fund (section 28-42-87) shall be deposited in said respective funds.

4-93

     44-6.4-8. Analysis of amnesty program by tax administrator. -- The tax administrator

4-94

shall provide an analysis of the amnesty program to the chairpersons of the house finance

4-95

committee and senate finance committee, with copies to the members of the revenue estimating

4-96

conference, by January 1, 2013. The report shall include an analysis of revenues received by tax

4-97

source, distinguishing between the tax collected and interest collected for each source. In

4-98

addition, the report shall further identify the amounts that are new revenues from those already

4-99

included in the general revenue receivable taxes, defined under generally accepted accounting

4-100

principles and the state's audited financial statements.

4-101

     44-6.4-9. Rules and regulations.-- The tax administrator may promulgate such rules and

4-102

regulations as are necessary to implement the provisions of this chapter.

5-1

     SECTION 3. Sections 44-18-7, 44-18-8, 44-18-12, 44-18-15, 44-18-18, 44-18-20, 44-18-

5-2

21, 44-18-22, 44-18-23, 44-18-25 and 44-18-30 of the General Laws in Chapter 44-18 entitled

5-3

“Sales and Use Taxes – Liability and Computation” are hereby amended to read as follows:

5-4

     44-18-7. Sales defined [effective until October 1, 2012]. --"Sales" means and includes:

5-5

     (1) Any transfer of title or possession, exchange, barter, lease, or rental, conditional or

5-6

otherwise, in any manner or by any means of tangible personal property for a consideration.

5-7

"Transfer of possession", "lease", or "rental" includes transactions found by the tax administrator

5-8

to be in lieu of a transfer of title, exchange, or barter.

5-9

     (2) The producing, fabricating, processing, printing, or imprinting of tangible personal

5-10

property for a consideration for consumers who furnish either directly or indirectly the materials

5-11

used in the producing, fabricating, processing, printing, or imprinting.

5-12

     (3) The furnishing and distributing of tangible personal property for a consideration by

5-13

social, athletic, and similar clubs and fraternal organizations to their members or others.

5-14

     (4) The furnishing, preparing, or serving for consideration of food, meals, or drinks,

5-15

including any cover, minimum, entertainment, or other charge in connection therewith.

5-16

     (5) A transaction whereby the possession of tangible personal property is transferred, but

5-17

the seller retains the title as security for the payment of the price.

5-18

     (6) Any withdrawal, except a withdrawal pursuant to a transaction in foreign or interstate

5-19

commerce, of tangible personal property from the place where it is located for delivery to a point

5-20

in this state for the purpose of the transfer of title or possession, exchange, barter, lease, or rental,

5-21

conditional or otherwise, in any manner or by any means whatsoever, of the property for a

5-22

consideration.

5-23

     (7) A transfer for a consideration of the title or possession of tangible personal property,

5-24

which has been produced, fabricated, or printed to the special order of the customer, or any

5-25

publication.

5-26

     (8) The furnishing and distributing of electricity, natural gas, artificial gas, steam,

5-27

refrigeration, and water.

5-28

     (9) The furnishing for consideration of intrastate, interstate and international

5-29

telecommunications service sourced in this state in accordance with subsections 44-18.1(15) and

5-30

(16) and all ancillary services, any maintenance services of telecommunication equipment other

5-31

than as provided for in subdivision 44-18-12(b)(ii). For the purposes of chapters 18 and 19 of this

5-32

title only, telecommunication service does not include service rendered using a prepaid telephone

5-33

calling arrangement.

6-34

     (ii) Notwithstanding the provisions of paragraph (i) of this subdivision, in accordance

6-35

with the Mobile Telecommunications Sourcing Act (4 U.S.C. §§ 116 – 126), subject to the

6-36

specific exemptions described in 4 U.S.C. § 116(c), and the exemptions provided in §§ 44-18-8

6-37

and 44-18-12, mobile telecommunications services that are deemed to be provided by the

6-38

customer's home service provider are subject to tax under this chapter if the customer's place of

6-39

primary use is in this state regardless of where the mobile telecommunications services originate,

6-40

terminate or pass through. Mobile telecommunications services provided to a customer, the

6-41

charges for which are billed by or for the customer's home service provider, shall be deemed to be

6-42

provided by the customer's home service provider.

6-43

     (10) The furnishing of service for transmission of messages by telegraph, cable, or radio

6-44

and the furnishing of community antenna television, subscription television, and cable television

6-45

services.

6-46

     (11) The rental of living quarters in any hotel, rooming house, or tourist camp.

6-47

     (12) The transfer for consideration of prepaid telephone calling arrangements and the

6-48

recharge of prepaid telephone calling arrangements sourced to this state in accordance with §§

6-49

44-18.1-11 and 44-18.1-15. "Prepaid telephone calling arrangement" means and includes prepaid

6-50

calling service and prepaid wireless calling service.

6-51

     (13) The furnishing of package tour and scenic and sightseeing transportation services as

6-52

set forth in the 2007 North American Industrial Classification System codes 561520 and 487

6-53

provided that such services are conducted in the state, in whole or in part. Said services include

6-54

all activities engaged in for other persons for a fee, retainer, commission, or other monetary

6-55

charge, which activities involve the performance of a service as distinguished from selling

6-56

property.

6-57

     (14)(13) The sale, storage, use or other consumption of over-the-counter drugs as defined

6-58

in paragraph 44-18-7.1(h)(ii).

6-59

     (15)(14) The sale, storage, use or other consumption of prewritten computer software

6-60

delivered electronically or by load and leave as defined in paragraph 44-18-7.1(v).

6-61

     (16)(15) The sale, storage, use or other consumption of medical marijuana as defined in

6-62

§21-28.6-3.

6-63

     44-18-7. Sales defined [effective October 1, 2012]. --"Sales" means and includes:

6-64

     (1) Any transfer of title or possession, exchange, barter, lease, or rental, conditional or

6-65

otherwise, in any manner or by any means of tangible personal property for a consideration.

6-66

"Transfer of possession", "lease", or "rental" includes transactions found by the tax administrator

6-67

to be in lieu of a transfer of title, exchange, or barter.

7-68

     (2) The producing, fabricating, processing, printing, or imprinting of tangible personal

7-69

property for a consideration for consumers who furnish either directly or indirectly the materials

7-70

used in the producing, fabricating, processing, printing, or imprinting.

7-71

     (3) The furnishing and distributing of tangible personal property for a consideration by

7-72

social, athletic, and similar clubs and fraternal organizations to their members or others.

7-73

     (4) The furnishing, preparing, or serving for consideration of food, meals, or drinks,

7-74

including any cover, minimum, entertainment, or other charge in connection therewith.

7-75

     (5) A transaction whereby the possession of tangible personal property is transferred, but

7-76

the seller retains the title as security for the payment of the price.

7-77

     (6) Any withdrawal, except a withdrawal pursuant to a transaction in foreign or interstate

7-78

commerce, of tangible personal property from the place where it is located for delivery to a point

7-79

in this state for the purpose of the transfer of title or possession, exchange, barter, lease, or rental,

7-80

conditional or otherwise, in any manner or by any means whatsoever, of the property for a

7-81

consideration.

7-82

     (7) A transfer for a consideration of the title or possession of tangible personal property,

7-83

which has been produced, fabricated, or printed to the special order of the customer, or any

7-84

publication.

7-85

     (8) The furnishing and distributing of electricity, natural gas, artificial gas, steam,

7-86

refrigeration, and water.

7-87

     (9) The furnishing for consideration of intrastate, interstate and international

7-88

telecommunications service sourced in this state in accordance with subsections 44-18.1(15) and

7-89

(16) and all ancillary services, any maintenance services of telecommunication equipment other

7-90

than as provided for in subdivision 44-18-12(b)(ii). For the purposes of chapters 18 and 19 of this

7-91

title only, telecommunication service does not include service rendered using a prepaid telephone

7-92

calling arrangement.

7-93

     (ii) Notwithstanding the provisions of paragraph (i) of this subdivision, in accordance

7-94

with the Mobile Telecommunications Sourcing Act (4 U.S.C. §§ 116 – 126), subject to the

7-95

specific exemptions described in 4 U.S.C. § 116(c), and the exemptions provided in §§ 44-18-8

7-96

and 44-18-12, mobile telecommunications services that are deemed to be provided by the

7-97

customer's home service provider are subject to tax under this chapter if the customer's place of

7-98

primary use is in this state regardless of where the mobile telecommunications services originate,

7-99

terminate or pass through. Mobile telecommunications services provided to a customer, the

7-100

charges for which are billed by or for the customer's home service provider, shall be deemed to be

7-101

provided by the customer's home service provider.

8-102

     (10) The furnishing of service for transmission of messages by telegraph, cable, or radio

8-103

and the furnishing of community antenna television, subscription television, and cable television

8-104

services.

8-105

     (11) The rental of living quarters in any hotel, rooming house, or tourist camp.

8-106

     (12) The transfer for consideration of prepaid telephone calling arrangements and the

8-107

recharge of prepaid telephone calling arrangements sourced to this state in accordance with §§

8-108

44-18.1-11 and 44-18.1-15. "Prepaid telephone calling arrangement" means and includes prepaid

8-109

calling service and prepaid wireless calling service.

8-110

     (13) The sale, storage, use or other consumption of over-the-counter drugs as defined in

8-111

paragraph 44-18-7.1(h)(ii).

8-112

     (14) The sale, storage, use or other consumption of prewritten computer software

8-113

delivered electronically or by load and leave as defined in paragraph 44-18-7.1(v).

8-114

     (15) The sale, storage, use or other consumption of medical marijuana as defined in §21-

8-115

28.6-3.

8-116

     (16) The furnishing of services in this state as defined in section 44-18-7.3.

8-117

     44-18-8. Retail sale or sale at retail defined [effective until October 1, 2012]. -- A

8-118

"retail sale" or "sale at retail" means any sale, lease or rentals of tangible personal property,

8-119

prewritten computer software delivered electronically or by load and leave, and/or package tour

8-120

and scenic and sightseeing transportation services, for any purpose other than resale, sublease or

8-121

subrent in the regular course of business. The sale of tangible personal property to be used for

8-122

purposes of rental in the regular course of business is considered to be a sale for resale. In regard

8-123

to telecommunications service as defined in § 44-18-7(9), retail sale does not include the

8-124

purchase of telecommunications service by a telecommunications provider from another

8-125

telecommunication provider for resale to the ultimate consumer; provided, that the purchaser

8-126

submits to the seller a certificate attesting to the applicability of this exclusion, upon receipt of

8-127

which the seller is relieved of any tax liability for the sale.

8-128

     44-18-8. Retail sale or sale at retail defined [effective October 1, 2012]. -- A "retail

8-129

sale" or "sale at retail" means any sale, lease or rentals of tangible personal property, prewritten

8-130

computer software delivered electronically or by load and leave, or services as defined in section

8-131

44-18-7.3 for any purpose other than resale, sublease or subrent in the regular course of business.

8-132

The sale of tangible personal property to be used for purposes of rental in the regular course of

8-133

business is considered to be a sale for resale. In regard to telecommunications service as defined

8-134

in § 44-18-7(9), retail sale does not include the purchase of telecommunications service by a

8-135

telecommunications provider from another telecommunication provider for resale to the ultimate

8-136

consumer; provided, that the purchaser submits to the seller a certificate attesting to the

9-1

applicability of this exclusion, upon receipt of which the seller is relieved of any tax liability for

9-2

the sale.

9-3

     44-18-12. Sale price" defined [effective until October 1, 2012]. -- (a) "Sales price"

9-4

applies to the measure subject to sales tax and means the total amount of consideration, including

9-5

cash, credit, property, and services, for which personal property or services are sold, leased, or

9-6

rented, valued in money, whether received in money or otherwise, without any deduction for the

9-7

following:

9-8

     (i) The seller's cost of the property sold;

9-9

     (ii) The cost of materials used, labor or service cost, interest, losses, all costs of

9-10

transportation to the seller, all taxes imposed on the seller, and any other expense of the seller;

9-11

     (iii) Charges by the seller for any services necessary to complete the sale, other than

9-12

delivery and installation charges;

9-13

     (iv) Delivery charges, as defined in § 44-18-7.1(i);

9-14

     (v) Credit for any trade-in, as determined by state law;

9-15

     (vi) The amount charged for package tour and scenic and sightseeing transportation

9-16

services; or

9-17

     (b) "Sales price" shall not include:

9-18

     (i) Discounts, including cash, term, or coupons that are not reimbursed by a third party

9-19

that are allowed by a seller and taken by a purchaser on a sale;

9-20

     (ii) The amount charged for labor or services, except for package tours and scenic and

9-21

sightseeing transportation services, rendered in installing or applying the property sold when the

9-22

charge is separately stated by the retailer to the purchaser; provided that in transactions subject to

9-23

the provisions of this chapter the retailer shall separately state such charge when requested by the

9-24

purchaser and, further, the failure to separately state such charge when requested may be

9-25

restrained in the same manner as other unlawful acts or practices prescribed in chapter 13.1 of

9-26

title 6.

9-27

     (iii) Interest, financing, and carrying charges from credit extended on the sale of personal

9-28

property or services, if the amount is separately stated on the invoice, bill of sale or similar

9-29

document given to the purchaser; and

9-30

     (iv) Any taxes legally imposed directly on the consumer that are separately stated on the

9-31

invoice, bill of sale or similar document given to the purchaser.

9-32

     (v) Manufacturer rebates allowed on the sale of motor vehicles.

9-33

     (c) "Sales price" shall include consideration received by the seller from third parties if:

10-34

     (i) The seller actually receives consideration from a party other than the purchaser and the

10-35

consideration is directly related to a price reduction or discount on the sale;

10-36

     (ii) The seller has an obligation to pass the price reduction or discount through to the

10-37

purchaser;

10-38

     (iii) The amount of the consideration attributable to the sale is fixed and determinable by

10-39

the seller at the time of the sale of the item to the purchaser; and

10-40

     (iv) One of the following criteria is met:

10-41

     (A) The purchaser presents a coupon, certificate or other documentation to the seller to

10-42

claim a price reduction or discount where the coupon, certificate or documentation is authorized,

10-43

distributed or granted by a third party with the understanding that the third party will reimburse

10-44

any seller to whom the coupon, certificate or documentation is presented;

10-45

     (B) The purchaser identifies himself or herself to the seller as a member of a group or

10-46

organization entitled to a price reduction or discount (a "preferred customer" card that is available

10-47

to any patron does not constitute membership in such a group), or

10-48

     (C) The price reduction or discount is identified as a third party price reduction or

10-49

discount on the invoice received by the purchaser or on a coupon, certificate or other

10-50

documentation presented by the purchaser.

10-51

     44-18-12. Sale price" defined [effective October 1, 2012]. -- (a) "Sales price" applies to

10-52

the measure subject to sales tax and means the total amount of consideration, including cash,

10-53

credit, property, and services, for which personal property or services are sold, leased, or rented,

10-54

valued in money, whether received in money or otherwise, without any deduction for the

10-55

following:

10-56

     (i) The seller's cost of the property sold;

10-57

     (ii) The cost of materials used, labor or service cost, interest, losses, all costs of

10-58

transportation to the seller, all taxes imposed on the seller, and any other expense of the seller;

10-59

     (iii) Charges by the seller for any services necessary to complete the sale, other than

10-60

delivery and installation charges;

10-61

     (iv) Delivery charges, as defined in § 44-18-7.1(i);

10-62

     (v) Credit for any trade-in, as determined by state law; or

10-63

     (vi) The amount charged for services, as defined in section 44-18-7.3.

10-64

     (b) "Sales price" shall not include:

10-65

     (i) Discounts, including cash, term, or coupons that are not reimbursed by a third party

10-66

that are allowed by a seller and taken by a purchaser on a sale;

10-67

     (ii) The amount charged for labor or services rendered in installing or applying the

10-68

property sold when the charge is separately stated by the retailer to the purchaser; provided that in

11-1

transactions subject to the provisions of this chapter the retailer shall separately state such charge

11-2

when requested by the purchaser and, further, the failure to separately state such charge when

11-3

requested may be restrained in the same manner as other unlawful acts or practices prescribed in

11-4

chapter 13.1 of title 6.

11-5

     (iii) Interest, financing, and carrying charges from credit extended on the sale of personal

11-6

property or services, if the amount is separately stated on the invoice, bill of sale or similar

11-7

document given to the purchaser; and

11-8

     (iv) Any taxes legally imposed directly on the consumer that are separately stated on the

11-9

invoice, bill of sale or similar document given to the purchaser.

11-10

     (v) Manufacturer rebates allowed on the sale of motor vehicles.

11-11

     (c) "Sales price" shall include consideration received by the seller from third parties if:

11-12

     (i) The seller actually receives consideration from a party other than the purchaser and the

11-13

consideration is directly related to a price reduction or discount on the sale;

11-14

     (ii) The seller has an obligation to pass the price reduction or discount through to the

11-15

purchaser;

11-16

     (iii) The amount of the consideration attributable to the sale is fixed and determinable by

11-17

the seller at the time of the sale of the item to the purchaser; and

11-18

     (iv) One of the following criteria is met:

11-19

     (A) The purchaser presents a coupon, certificate or other documentation to the seller to

11-20

claim a price reduction or discount where the coupon, certificate or documentation is authorized,

11-21

distributed or granted by a third party with the understanding that the third party will reimburse

11-22

any seller to whom the coupon, certificate or documentation is presented;

11-23

     (B) The purchaser identifies himself or herself to the seller as a member of a group or

11-24

organization entitled to a price reduction or discount (a "preferred customer" card that is available

11-25

to any patron does not constitute membership in such a group), or

11-26

     (C) The price reduction or discount is identified as a third party price reduction or

11-27

discount on the invoice received by the purchaser or on a coupon, certificate or other

11-28

documentation presented by the purchaser.

11-29

     44-18-15."Retailer" defined [effective until October 1, 2012].-- (a) "Retailer" includes:

11-30

     (1) Every person engaged in the business of making sales at retail, prewritten computer

11-31

software delivered electronically or by load and leave, and/or package tour and scenic and

11-32

sightseeing transportation services, including sales at auction of tangible personal property owned

11-33

by the person or others.

12-34

     (2) Every person making sales of tangible personal property, prewritten computer

12-35

software delivered electronically or by load and leave, and/or package tour and scenic and

12-36

sightseeing transportation services, through an independent contractor or other representative, if

12-37

the retailer enters into an agreement with a resident of this state, under which the resident, for a

12-38

commission or other consideration, directly or indirectly refers potential customers, whether by a

12-39

link on an Internet website or otherwise, to the retailer, provided the cumulative gross receipts

12-40

from sales by the retailer to customers in the state who are referred to the retailer by all residents

12-41

with this type of an agreement with the retailer, is in excess of five thousand dollars ($5,000)

12-42

during the preceding four (4) quarterly periods ending on the last day of March, June, September

12-43

and December. Such retailer shall be presumed to be soliciting business through such independent

12-44

contractor or other representative, which presumption may be rebutted by proof that the resident

12-45

with whom the retailer has an agreement did not engage in any solicitation in the state on behalf

12-46

of the retailer that would satisfy the nexus requirement of the United States Constitution during

12-47

such four (4) quarterly periods.

12-48

     (3) Every person engaged in the business of making sales for storage, use, or other

12-49

consumption, or the business of making sales at auction of tangible personal property, for storage,

12-50

use, or other consumption prewritten computer software delivered electronically or by load and

12-51

leave, and/or package tour and scenic and sightseeing transportation services, owned by the

12-52

person or others for storage, use, or other consumption.

12-53

     (4) A person conducting a horse race meeting with respect to horses, which are claimed

12-54

during the meeting.

12-55

     (5) Every person engaged in the business of renting any living quarters in any hotel,

12-56

rooming house, or tourist camp.

12-57

     (6) Every person maintaining a business within or outside of this state who engages in the

12-58

regular or systematic solicitation of sales of tangible personal property, prewritten computer

12-59

software delivered electronically or by load and leave, and/or package tour and scenic and

12-60

sightseeing transportation services, in this state by means of:

12-61

     (i) Advertising in newspapers, magazines, and other periodicals published in this state,

12-62

sold over the counter in this state or sold by subscription to residents of this state, billboards

12-63

located in this state, airborne advertising messages produced or transported in the airspace above

12-64

this state, display cards and posters on common carriers or any other means of public conveyance

12-65

incorporated or operated primarily in this state, brochures, catalogs, circulars, coupons,

12-66

pamphlets, samples, and similar advertising material mailed to, or distributed within this state to

12-67

residents of this state;

13-68

     (ii) Telephone;

13-69

     (iii) Computer assisted shopping networks; and

13-70

     (iv) Television, radio or any other electronic media, which is intended to be broadcast to

13-71

consumers located in this state.

13-72

     (b) When the tax administrator determines that it is necessary for the proper

13-73

administration of chapters 18 and 19 of this title to regard any salespersons, representatives,

13-74

truckers, peddlers, or canvassers as the agents of the dealers, distributors, supervisors, employers,

13-75

or persons under whom they operate or from whom they obtain the tangible personal property

13-76

sold by them, irrespective of whether they are making sales on their own behalf or on behalf of

13-77

the dealers, distributors, supervisors, or employers, the tax administrator may so regard them and

13-78

may regard the dealers, distributors, supervisors, or employers as retailers for purposes of

13-79

chapters 18 and 19 of this title.

13-80

     44-18-15."Retailer" defined [effective October 1, 2012].-- (a) "Retailer" includes:

13-81

     (1) Every person engaged in the business of making sales at retail including prewritten

13-82

computer software delivered electronically or by load and leave, sales of services as defined in

13-83

section 44-18-7.3, and sales at auction of tangible personal property owned by the person or

13-84

others.

13-85

     (2) Every person making sales of tangible personal property including prewritten

13-86

computer software delivered electronically or by load and leave, or sales of services as defined in

13-87

section 44-18-7.3, through an independent contractor or other representative, if the retailer enters

13-88

into an agreement with a resident of this state, under which the resident, for a commission or

13-89

other consideration, directly or indirectly refers potential customers, whether by a link on an

13-90

Internet website or otherwise, to the retailer, provided the cumulative gross receipts from sales by

13-91

the retailer to customers in the state who are referred to the retailer by all residents with this type

13-92

of an agreement with the retailer, is in excess of five thousand dollars ($5,000) during the

13-93

preceding four (4) quarterly periods ending on the last day of March, June, September and

13-94

December. Such retailer shall be presumed to be soliciting business through such independent

13-95

contractor or other representative, which presumption may be rebutted by proof that the resident

13-96

with whom the retailer has an agreement did not engage in any solicitation in the state on behalf

13-97

of the retailer that would satisfy the nexus requirement of the United States Constitution during

13-98

such four (4) quarterly periods.

13-99

     (3) Every person engaged in the business of making sales for storage, use, or other

13-100

consumption of: (1) tangible personal property, (ii) , or the business of making sales at auction of

13-101

tangible personal property owned by the person or others, prewritten computer software delivered

13-102

electronically or by load and leave, and (iv) services as defined in section 44-18-7.3.

14-1

     (4) A person conducting a horse race meeting with respect to horses, which are claimed

14-2

during the meeting.

14-3

     (5) Every person engaged in the business of renting any living quarters in any hotel as

14-4

defined in section 42-63.1-2, rooming house, or tourist camp.

14-5

     (6) Every person maintaining a business within or outside of this state who engages in the

14-6

regular or systematic solicitation of sales of tangible personal property, prewritten computer

14-7

software delivered electronically or by load and leave:

14-8

     (i) Advertising in newspapers, magazines, and other periodicals published in this state,

14-9

sold over the counter in this state or sold by subscription to residents of this state, billboards

14-10

located in this state, airborne advertising messages produced or transported in the airspace above

14-11

this state, display cards and posters on common carriers or any other means of public conveyance

14-12

incorporated or operated primarily in this state, brochures, catalogs, circulars, coupons,

14-13

pamphlets, samples, and similar advertising material mailed to, or distributed within this state to

14-14

residents of this state;

14-15

     (ii) Telephone;

14-16

     (iii) Computer assisted shopping networks; and

14-17

     (iv) Television, radio or any other electronic media, which is intended to be broadcast to

14-18

consumers located in this state.

14-19

     (b) When the tax administrator determines that it is necessary for the proper

14-20

administration of chapters 18 and 19 of this title to regard any salespersons, representatives,

14-21

truckers, peddlers, or canvassers as the agents of the dealers, distributors, supervisors, employers,

14-22

or persons under whom they operate or from whom they obtain the tangible personal property

14-23

sold by them, irrespective of whether they are making sales on their own behalf or on behalf of

14-24

the dealers, distributors, supervisors, or employers, the tax administrator may so regard them and

14-25

may regard the dealers, distributors, supervisors, or employers as retailers for purposes of

14-26

chapters 18 and 19 of this title.

14-27

     44-18-18. Sales tax imposed [effective October 1, 2012]. -- A tax is imposed upon sales

14-28

at retail in this state including charges for rentals of living quarters in hotels as defined in section

14-29

42-63.1-2, rooming houses, or tourist camps, at the rate of six percent (6%) of the gross receipts

14-30

of the retailer from the sales or rental charges; provided, that the tax imposed on charges for the

14-31

rentals applies only to the first period of not exceeding thirty (30) consecutive calendar days of

14-32

each rental; provided, further, that for the period commencing July 1, 1990, the tax rate is seven

14-33

percent (7%). The tax is paid to the tax administrator by the retailer at the time and in the manner

14-34

provided. Excluded from this tax are those living quarters in hotels, rooming houses, or tourist

15-1

camps for which the occupant has a written lease for the living quarters which lease covers a

15-2

rental period of twelve (12) months or more. In recognition of the work being performed by the

15-3

Streamlined Sales and Use Tax Governing Board, upon any federal law which requires remote

15-4

sellers to collect and remit taxes, effective the first (1st) day of the first (1st) state fiscal quarter

15-5

following the change, the rate imposed under § 44-18-18 shall be six and one-half percent (6.5%).

15-6

     44-18-20. Use tax imposed [effective until October 1, 2012]. -- (a) An excise tax is

15-7

imposed on the storage, use, or other consumption in this state of tangible personal property, or

15-8

prewritten computer software delivered electronically or by load and leave, and/or package tour

15-9

and scenic and sightseeing transportation services, including a motor vehicle, a boat, an airplane,

15-10

or a trailer, purchased from any retailer at the rate of six percent (6%) of the sale price of the

15-11

property.

15-12

     (b) An excise tax is imposed on the storage, use, or other consumption in this state of a

15-13

motor vehicle, a boat, an airplane, or a trailer purchased from other than a licensed motor vehicle

15-14

dealer or other than a retailer of boats, airplanes, or trailers respectively, at the rate of six percent

15-15

(6%) of the sale price of the motor vehicle, boat, airplane, or trailer.

15-16

     (c) The word "trailer" as used in this section and in § 44-18-21 means and includes those

15-17

defined in § 31-1-5(a) – (e) and also includes boat trailers, camping trailers, house trailers, and

15-18

mobile homes.

15-19

     (d) Notwithstanding the provisions contained in this section and in § 44-18-21 relating to

15-20

the imposition of a use tax and liability for this tax on certain casual sales, no tax is payable in

15-21

any casual sale:

15-22

     (1) When the transferee or purchaser is the spouse, mother, father, brother, sister, or child

15-23

of the transferor or seller;

15-24

     (2) When the transfer or sale is made in connection with the organization, reorganization,

15-25

dissolution, or partial liquidation of a business entity; provided:

15-26

     (i) The last taxable sale, transfer, or use of the article being transferred or sold was

15-27

subjected to a tax imposed by this chapter;

15-28

     (ii) The transferee is the business entity referred to or is a stockholder, owner, member, or

15-29

partner; and

15-30

     (iii) Any gain or loss to the transferor is not recognized for income tax purposes under the

15-31

provisions of the federal income tax law and treasury regulations and rulings issued thereunder;

15-32

     (3) When the sale or transfer is of a trailer, other than a camping trailer, of the type

15-33

ordinarily used for residential purposes and commonly known as a house trailer or as a mobile

15-34

home; or

16-1

     (4) When the transferee or purchaser is exempt under the provisions of § 44-18-30 or

16-2

other general law of this state or special act of the general assembly of this state.

16-3

     (e) The term "casual" means a sale made by a person other than a retailer; provided, that

16-4

in the case of a sale of a motor vehicle, the term means a sale made by a person other than a

16-5

licensed motor vehicle dealer or an auctioneer at an auction sale. In no case is the tax imposed

16-6

under the provisions of subsections (a) and (b) of this section on the storage, use, or other

16-7

consumption in this state of a used motor vehicle less than the product obtained by multiplying

16-8

the amount of the retail dollar value at the time of purchase of the motor vehicle by the applicable

16-9

tax rate; provided, that where the amount of the sale price exceeds the amount of the retail dollar

16-10

value, the tax is based on the sale price. The tax administrator shall use as his or her guide the

16-11

retail dollar value as shown in the current issue of any nationally recognized used vehicle guide

16-12

for appraisal purposes in this state. On request within thirty (30) days by the taxpayer after

16-13

payment of the tax, if the tax administrator determines that the retail dollar value as stated in this

16-14

subsection is inequitable or unreasonable, he or she shall, after affording the taxpayer reasonable

16-15

opportunity to be heard, re-determine the tax.

16-16

     (f) Every person making more than five (5) retail sales of tangible personal property or

16-17

prewritten computer software delivered electronically or by load and leave, and/or package tour

16-18

and scenic and sightseeing transportation services during any twelve (12) month period, including

16-19

sales made in the capacity of assignee for the benefit of creditors or receiver or trustee in

16-20

bankruptcy, is considered a retailer within the provisions of this chapter.

16-21

     (g) "Casual sale" includes a sale of tangible personal property not held or used by a seller

16-22

in the course of activities for which the seller is required to hold a seller's permit or permits or

16-23

would be required to hold a seller's permit or permits if the activities were conducted in this state;

16-24

provided, that the sale is not one of a series of sales sufficient in number, scope, and character

16-25

(more than five (5) in any twelve (12) month period) to constitute an activity for which the seller

16-26

is required to hold a seller's permit or would be required to hold a seller's permit if the activity

16-27

were conducted in this state.

16-28

     (2) Casual sales also include sales made at bazaars, fairs, picnics, or similar events by

16-29

nonprofit organizations, which are organized for charitable, educational, civic, religious, social,

16-30

recreational, fraternal, or literary purposes during two (2) events not to exceed a total of six (6)

16-31

days duration each calendar year. Each event requires the issuance of a permit by the division of

16-32

taxation. Where sales are made at events by a vendor, which holds a sales tax permit and is not a

16-33

nonprofit organization, the sales are in the regular course of business and are not exempt as casual

16-34

sales.

17-1

     (h) The use tax imposed under this section for the period commencing July 1, 1990 is at

17-2

the rate of seven percent (7%). In recognition of the work being performed by the Streamlined

17-3

Sales and Use Tax Governing Board, upon any federal law which requires remote sellers to

17-4

collect and remit taxes, effective the first (1st) day of the first (1st) state fiscal quarter following

17-5

the change, the rate imposed under § 44-18-18 shall be six and one-half percent (6.5%).

17-6

     44-18-20. Use tax imposed [effective October 1, 2012]. -- (a) An excise tax is imposed

17-7

on the storage, use, or other consumption in this state of tangible personal property, prewritten

17-8

computer software delivered electronically or by load and leave or services as defined section 44-

17-9

18-7.3; including a motor vehicle, a boat, an airplane, or a trailer, purchased from any retailer at

17-10

the rate of six percent (6%) of the sale price of the property.

17-11

     (b) An excise tax is imposed on the storage, use, or other consumption in this state of a

17-12

motor vehicle, a boat, an airplane, or a trailer purchased from other than a licensed motor vehicle

17-13

dealer or other than a retailer of boats, airplanes, or trailers respectively, at the rate of six percent

17-14

(6%) of the sale price of the motor vehicle, boat, airplane, or trailer.

17-15

     (c) The word "trailer" as used in this section and in § 44-18-21 means and includes those

17-16

defined in § 31-1-5(a) – (e) and also includes boat trailers, camping trailers, house trailers, and

17-17

mobile homes.

17-18

     (d) Notwithstanding the provisions contained in this section and in § 44-18-21 relating to

17-19

the imposition of a use tax and liability for this tax on certain casual sales, no tax is payable in

17-20

any casual sale:

17-21

     (1) When the transferee or purchaser is the spouse, mother, father, brother, sister, or child

17-22

of the transferor or seller;

17-23

     (2) When the transfer or sale is made in connection with the organization, reorganization,

17-24

dissolution, or partial liquidation of a business entity; provided:

17-25

     (i) The last taxable sale, transfer, or use of the article being transferred or sold was

17-26

subjected to a tax imposed by this chapter;

17-27

     (ii) The transferee is the business entity referred to or is a stockholder, owner, member, or

17-28

partner; and

17-29

     (iii) Any gain or loss to the transferor is not recognized for income tax purposes under the

17-30

provisions of the federal income tax law and treasury regulations and rulings issued thereunder;

17-31

     (3) When the sale or transfer is of a trailer, other than a camping trailer, of the type

17-32

ordinarily used for residential purposes and commonly known as a house trailer or as a mobile

17-33

home; or

18-34

     (4) When the transferee or purchaser is exempt under the provisions of § 44-18-30 or

18-35

other general law of this state or special act of the general assembly of this state.

18-36

     (e) The term "casual" means a sale made by a person other than a retailer; provided, that

18-37

in the case of a sale of a motor vehicle, the term means a sale made by a person other than a

18-38

licensed motor vehicle dealer or an auctioneer at an auction sale. In no case is the tax imposed

18-39

under the provisions of subsections (a) and (b) of this section on the storage, use, or other

18-40

consumption in this state of a used motor vehicle less than the product obtained by multiplying

18-41

the amount of the retail dollar value at the time of purchase of the motor vehicle by the applicable

18-42

tax rate; provided, that where the amount of the sale price exceeds the amount of the retail dollar

18-43

value, the tax is based on the sale price. The tax administrator shall use as his or her guide the

18-44

retail dollar value as shown in the current issue of any nationally recognized used vehicle guide

18-45

for appraisal purposes in this state. On request within thirty (30) days by the taxpayer after

18-46

payment of the tax, if the tax administrator determines that the retail dollar value as stated in this

18-47

subsection is inequitable or unreasonable, he or she shall, after affording the taxpayer reasonable

18-48

opportunity to be heard, re-determine the tax.

18-49

     (f) Every person making more than five (5) retail sales of tangible personal property or

18-50

prewritten computer software delivered electronically or by load and leave, or services as defined

18-51

in section 44-18-7.3 during any twelve (12) month period, including sales made in the capacity of

18-52

assignee for the benefit of creditors or receiver or trustee in bankruptcy, is considered a retailer

18-53

within the provisions of this chapter.

18-54

     (g) "Casual sale" includes a sale of tangible personal property not held or used by a seller

18-55

in the course of activities for which the seller is required to hold a seller's permit or permits or

18-56

would be required to hold a seller's permit or permits if the activities were conducted in this state;

18-57

provided, that the sale is not one of a series of sales sufficient in number, scope, and character

18-58

(more than five (5) in any twelve (12) month period) to constitute an activity for which the seller

18-59

is required to hold a seller's permit or would be required to hold a seller's permit if the activity

18-60

were conducted in this state.

18-61

     (2) Casual sales also include sales made at bazaars, fairs, picnics, or similar events by

18-62

nonprofit organizations, which are organized for charitable, educational, civic, religious, social,

18-63

recreational, fraternal, or literary purposes during two (2) events not to exceed a total of six (6)

18-64

days duration each calendar year. Each event requires the issuance of a permit by the division of

18-65

taxation. Where sales are made at events by a vendor, which holds a sales tax permit and is not a

18-66

nonprofit organization, the sales are in the regular course of business and are not exempt as casual

18-67

sales.

19-68

     (h) The use tax imposed under this section for the period commencing July 1, 1990 is at

19-69

the rate of seven percent (7%). In recognition of the work being performed by the Streamlined

19-70

Sales and Use Tax Governing Board, upon any federal law which requires remote sellers to

19-71

collect and remit taxes, effective the first (1st) day of the first (1st) state fiscal quarter following

19-72

the change, the rate imposed under § 44-18-18 shall be six and one-half percent (6.5%).

19-73

     44-18-21. Liability for use tax [effective until October 1, 2012]. -- (a) Every person

19-74

storing, using, or consuming in this state tangible personal property, including a motor vehicle,

19-75

boat, airplane, or trailer, purchased from a retailer, and a motor vehicle, boat, airplane, or trailer,

19-76

purchased from other than a licensed motor vehicle dealer or other than a retailer of boats,

19-77

airplanes, or trailers respectively; or storing, using or consuming specified prewritten computer

19-78

software delivered electronically or by load and leave, and/or package tour and scenic and

19-79

sightseeing transportation services is liable for the use tax. The person's liability is not

19-80

extinguished until the tax has been paid to this state, except that a receipt from a retailer engaging

19-81

in business in this state or from a retailer who is authorized by the tax administrator to collect the

19-82

tax under rules and regulations that he or she may prescribe, given to the purchaser pursuant to

19-83

the provisions of § 44-18-22, is sufficient to relieve the purchaser from further liability for the tax

19-84

to which the receipt refers.

19-85

     (b) Each person before obtaining an original or transferral registration for any article or

19-86

commodity in this state, which article or commodity is required to be licensed or registered in the

19-87

state, shall furnish satisfactory evidence to the tax administrator that any tax due under this

19-88

chapter with reference to the article or commodity has been paid, and for the purpose of effecting

19-89

compliance, the tax administrator, in addition to any other powers granted to him or her, may

19-90

invoke the provisions of § 31-3-4 in the case of a motor vehicle. The tax administrator, when he

19-91

or she deems it to be for the convenience of the general public, may authorize any agency of the

19-92

state concerned with the licensing or registering of these articles or commodities to collect the use

19-93

tax on any articles or commodities which the purchaser is required by this chapter to pay before

19-94

receiving an original or transferral registration. The general assembly shall annually appropriate a

19-95

sum that it deems necessary to carry out the purposes of this section. Notwithstanding the

19-96

provisions of §§ 44-18-19, 44-18-22, and 44-18-24, the sales or use tax on any motor vehicle

19-97

and/or recreational vehicle requiring registration by the administrator of the division of motor

19-98

vehicles shall not be added by the retailer to the sale price or charge but shall be paid directly by

19-99

the purchaser to the tax administrator, or his or her authorized deputy or agent as provided in this

19-100

section.

19-101

     (c) In cases involving total loss or destruction of a motor vehicle occurring within one

19-102

hundred twenty (120) days from the date of purchase and upon which the purchaser has paid the

20-1

use tax, the amount of the tax constitutes an overpayment. The amount of the overpayment may

20-2

be credited against the amount of use tax on any subsequent vehicle which the owner acquires to

20-3

replace the lost or destroyed vehicle or may be refunded, in whole or in part.

20-4

     44-18-21. Liability for use tax [effective October 1, 2012]. -- (a) Every person storing,

20-5

using, or consuming in this state tangible personal property, including a motor vehicle, boat,

20-6

airplane, or trailer, purchased from a retailer, and a motor vehicle, boat, airplane, or trailer,

20-7

purchased from other than a licensed motor vehicle dealer or other than a retailer of boats,

20-8

airplanes, or trailers respectively; or storing, using or consuming specified prewritten computer

20-9

software delivered electronically or by load and leave, or services as defined in section 44-18-7.3

20-10

is liable for the use tax. The person's liability is not extinguished until the tax has been paid to

20-11

this state, except that a receipt from a retailer engaging in business in this state or from a retailer

20-12

who is authorized by the tax administrator to collect the tax under rules and regulations that he or

20-13

she may prescribe, given to the purchaser pursuant to the provisions of § 44-18-22, is sufficient to

20-14

relieve the purchaser from further liability for the tax to which the receipt refers.

20-15

     (b) Each person before obtaining an original or transferral registration for any article or

20-16

commodity in this state, which article or commodity is required to be licensed or registered in the

20-17

state, shall furnish satisfactory evidence to the tax administrator that any tax due under this

20-18

chapter with reference to the article or commodity has been paid, and for the purpose of effecting

20-19

compliance, the tax administrator, in addition to any other powers granted to him or her, may

20-20

invoke the provisions of § 31-3-4 in the case of a motor vehicle. The tax administrator, when he

20-21

or she deems it to be for the convenience of the general public, may authorize any agency of the

20-22

state concerned with the licensing or registering of these articles or commodities to collect the use

20-23

tax on any articles or commodities which the purchaser is required by this chapter to pay before

20-24

receiving an original or transferral registration. The general assembly shall annually appropriate a

20-25

sum that it deems necessary to carry out the purposes of this section. Notwithstanding the

20-26

provisions of §§ 44-18-19, 44-18-22, and 44-18-24, the sales or use tax on any motor vehicle

20-27

and/or recreational vehicle requiring registration by the administrator of the division of motor

20-28

vehicles shall not be added by the retailer to the sale price or charge but shall be paid directly by

20-29

the purchaser to the tax administrator, or his or her authorized deputy or agent as provided in this

20-30

section.

20-31

     (c) In cases involving total loss or destruction of a motor vehicle occurring within one

20-32

hundred twenty (120) days from the date of purchase and upon which the purchaser has paid the

20-33

use tax, the amount of the tax constitutes an overpayment. The amount of the overpayment may

20-34

be credited against the amount of use tax on any subsequent vehicle which the owner acquires to

21-1

replace the lost or destroyed vehicle or may be refunded, in whole or in part.

21-2

     44-18-22. Collection of use tax by retailer [effective until October 1, 2012]. -- Every

21-3

retailer engaging in business in this state and making sales of tangible personal property or

21-4

prewritten computer software delivered electronically or by load and leave, for storage, use, or

21-5

other consumption in this state, and/or providing package tour and scenic and sightseeing

21-6

transportation services, not exempted under this chapter shall, at the time of making the sales, or

21-7

if the storage, use, or other consumption of the tangible personal property, prewritten computer

21-8

software delivered electronically or by load and leave, and/or providing package tour and scenic

21-9

and sightseeing transportation services, , is not then taxable under this chapter, at the time the

21-10

storage, use, or other consumption becomes taxable, collect the tax from the purchaser and give to

21-11

the purchaser a receipt in the manner and form prescribed by the tax administrator.

21-12

     44-18-22. Collection of use tax by retailer [effective October 1, 2012]. -- Every retailer

21-13

engaging in business in this state and making sales of tangible personal property or prewritten

21-14

computer software delivered electronically or by load and leave, or services as defined in section

21-15

44-18-7.3, for storage, use, or other consumption in this state, not exempted under this chapter

21-16

shall, at the time of making the sales, or if the storage, use, or other consumption of the tangible

21-17

personal property, prewritten computer software delivered electronically or by load and leave, or

21-18

services as defined in section 44-18-7.3, is not then taxable under this chapter, at the time the

21-19

storage, use, or other consumption becomes taxable, collect the tax from the purchaser and give to

21-20

the purchaser a receipt in the manner and form prescribed by the tax administrator.

21-21

     44-18-23. "Engaging in business" defined [effective until October 1, 2012]. -- As used

21-22

in §§ 44-18-21 and 44-18-22 the term "engaging in business in this state" means the selling or

21-23

delivering in this state, or any activity in this state related to the selling or delivering in this state

21-24

of tangible personal property, or prewritten computer software delivered electronically or by load

21-25

and leave for storage, use, or other consumption in this state , as well as providing package tour

21-26

and scenic and sightseeing transportation services,. This term includes, but is not limited to, the

21-27

following acts or methods of transacting business:

21-28

     (1) Maintaining, occupying, or using in this state permanently or temporarily, directly or

21-29

indirectly or through a subsidiary, representative, or agent by whatever name called and whether

21-30

or not qualified to do business in this state, any office, place of distribution, sales or sample room

21-31

or place, warehouse or storage place, or other place of business;

21-32

     (2) Having any subsidiary, representative, agent, salesperson, canvasser, or solicitor

21-33

permanently or temporarily, and whether or not the subsidiary, representative, or agent is

21-34

qualified to do business in this state, operate in this state for the purpose of selling, delivering, or

22-1

the taking of orders for any tangible personal property, or prewritten computer software delivered

22-2

electronically or by load and leave, and/or package tour and scenic and sightseeing transportation

22-3

services;

22-4

     (3) The regular or systematic solicitation of sales of tangible personal property, or

22-5

prewritten computer software delivered electronically or by load and leave, and/or package tour

22-6

and scenic and sightseeing transportation services, in this state by means of:

22-7

     (i) Advertising in newspapers, magazines, and other periodicals published in this state,

22-8

sold over the counter in this state or sold by subscription to residents of this state, billboards

22-9

located in this state, airborne advertising messages produced or transported in the air space above

22-10

this state, display cards and posters on common carriers or any other means of public conveyance

22-11

incorporated or operating primarily in this state, brochures, catalogs, circulars, coupons,

22-12

pamphlets, samples, and similar advertising material mailed to, or distributed within this state to

22-13

residents of this state;

22-14

     (ii) Telephone;

22-15

     (iii) Computer-assisted shopping networks; and

22-16

     (iv) Television, radio or any other electronic media, which is intended to be broadcast to

22-17

consumers located in this state.

22-18

     44-18-23. "Engaging in business" defined [effective October 1, 2012]. -- As used in §§

22-19

44-18-21 and 44-18-22 the term "engaging in business in this state" means the selling or

22-20

delivering in this state, or any activity in this state related to the selling or delivering in this state

22-21

of tangible personal property, or prewritten computer software delivered electronically or by load

22-22

and leave for storage, use, or other consumption in this state; or services as defined in section 44-

22-23

18-7.3 in this state. This term includes, but is not limited to, the following acts or methods of

22-24

transacting business:

22-25

     (1) Maintaining, occupying, or using in this state permanently or temporarily, directly or

22-26

indirectly or through a subsidiary, representative, or agent by whatever name called and whether

22-27

or not qualified to do business in this state, any office, place of distribution, sales or sample room

22-28

or place, warehouse or storage place, or other place of business;

22-29

     (2) Having any subsidiary, representative, agent, salesperson, canvasser, or solicitor

22-30

permanently or temporarily, and whether or not the subsidiary, representative, or agent is

22-31

qualified to do business in this state, operate in this state for the purpose of selling, delivering, or

22-32

the taking of orders for any tangible personal property, or prewritten computer software delivered

22-33

electronically or by load and leave, or services as defined in section 44-18-7.3;

23-34

     (3) The regular or systematic solicitation of sales of tangible personal property, or

23-35

prewritten computer software delivered electronically or by load and leave, or services as defined

23-36

in section 44-18-7.3, in this state by means of:

23-37

     (i) Advertising in newspapers, magazines, and other periodicals published in this state,

23-38

sold over the counter in this state or sold by subscription to residents of this state, billboards

23-39

located in this state, airborne advertising messages produced or transported in the air space above

23-40

this state, display cards and posters on common carriers or any other means of public conveyance

23-41

incorporated or operating primarily in this state, brochures, catalogs, circulars, coupons,

23-42

pamphlets, samples, and similar advertising material mailed to, or distributed within this state to

23-43

residents of this state;

23-44

     (ii) Telephone;

23-45

     (iii) Computer-assisted shopping networks; and

23-46

     (iv) Television, radio or any other electronic media, which is intended to be broadcast to

23-47

consumers located in this state.

23-48

     44-18-25. Presumption that sale is for storage, use, or consumption – Resale

23-49

certificate [effective until October 1, 2012]. -- It is presumed that all gross receipts are subject

23-50

to the sales tax, and that the use of all tangible personal property, or prewritten computer software

23-51

delivered electronically or by load and leave, and/or package tour and scenic and sightseeing

23-52

transportation services are subject to the use tax, and that all tangible personal property, or

23-53

prewritten computer software delivered electronically or by load and leave, and/or package tour

23-54

and scenic and sightseeing transportation services sold or in processing or intended for delivery or

23-55

delivered in this state is sold or delivered for storage, use, or other consumption in this state, until

23-56

the contrary is established to the satisfaction of the tax administrator. The burden of proving the

23-57

contrary is upon the person who makes the sale and the purchaser, unless the person who makes

23-58

the sale takes from the purchaser a certificate to the effect that the purchase was for resale. The

23-59

certificate shall contain any information and be in the form that the tax administrator may require.

23-60

     44-18-25. Presumption that sale is for storage, use, or consumption – Resale

23-61

certificate [effective October 1, 2012]. -- It is presumed that all gross receipts are subject to the

23-62

sales tax, and that the use of all tangible personal property, or prewritten computer software

23-63

delivered electronically or by load and leave, or services as defined in section 44-18-7.3, are

23-64

subject to the use tax, and that all tangible personal property, or prewritten computer software

23-65

delivered electronically or by load and leave, or services as defined in section 44-18-7.3, sold or

23-66

in processing or intended for delivery or delivered in this state is sold or delivered for storage,

23-67

use, or other consumption in this state, until the contrary is established to the satisfaction of the

23-68

tax administrator. The burden of proving the contrary is upon the person who makes the sale and

24-1

the purchaser, unless the person who makes the sale takes from the purchaser a certificate to the

24-2

effect that the purchase was for resale. The certificate shall contain any information and be in the

24-3

form that the tax administrator may require.

24-4

     44-18-30. Gross receipts exempt from sales and use taxes. -- There are exempted from

24-5

the taxes imposed by this chapter the following gross receipts:

24-6

     (1) Sales and uses beyond constitutional power of state. From the sale and from the

24-7

storage, use, or other consumption in this state of tangible personal property the gross receipts

24-8

from the sale of which, or the storage, use, or other consumption of which, this state is prohibited

24-9

from taxing under the Constitution of the United States or under the constitution of this state.

24-10

     (2) Newspapers.

24-11

     (i) From the sale and from the storage, use, or other consumption in this state of any

24-12

newspaper.

24-13

     (ii) "Newspaper" means an unbound publication printed on newsprint, which contains

24-14

news, editorial comment, opinions, features, advertising matter, and other matters of public

24-15

interest.

24-16

     (iii) "Newspaper" does not include a magazine, handbill, circular, flyer, sales catalog, or

24-17

similar item unless the item is printed for and distributed as a part of a newspaper.

24-18

     (3) School meals. From the sale and from the storage, use, or other consumption in this

24-19

state of meals served by public, private, or parochial schools, school districts, colleges,

24-20

universities, student organizations, and parent teacher associations to the students or teachers of a

24-21

school, college, or university whether the meals are served by the educational institutions or by a

24-22

food service or management entity under contract to the educational institutions.

24-23

     (4) Containers.

24-24

     (i) From the sale and from the storage, use, or other consumption in this state of:

24-25

     (A) Non-returnable containers, including boxes, paper bags, and wrapping materials

24-26

which are biodegradable and all bags and wrapping materials utilized in the medical and healing

24-27

arts, when sold without the contents to persons who place the contents in the container and sell

24-28

the contents with the container.

24-29

     (B) Containers when sold with the contents if the sale price of the contents is not required

24-30

to be included in the measure of the taxes imposed by this chapter.

24-31

     (C) Returnable containers when sold with the contents in connection with a retail sale of

24-32

the contents or when resold for refilling.

24-33

     (ii) As used in this subdivision, the term "returnable containers" means containers of a

24-34

kind customarily returned by the buyer of the contents for reuse. All other containers are "non-

25-1

returnable containers."

25-2

     (5) Charitable, educational, and religious organizations. From the sale to as in defined

25-3

in this section, and from the storage, use, and other consumption in this state or any other state of

25-4

the United States of America of tangible personal property by hospitals not operated for a profit,

25-5

"educational institutions" as defined in subdivision (18) not operated for a profit, churches,

25-6

orphanages, and other institutions or organizations operated exclusively for religious or charitable

25-7

purposes, interest free loan associations not operated for profit, nonprofit organized sporting

25-8

leagues and associations and bands for boys and girls under the age of nineteen (19) years, the

25-9

following vocational student organizations that are state chapters of national vocational students

25-10

organizations: Distributive Education Clubs of America, (DECA); Future Business Leaders of

25-11

America, phi beta lambda (FBLA/PBL); Future Farmers of America (FFA); Future Homemakers

25-12

of America/Home Economics Related Occupations (FHA/HERD); and Vocational Industrial

25-13

Clubs of America (VICA), organized nonprofit golden age and senior citizens clubs for men and

25-14

women, and parent teacher associations.

25-15

     (ii) In the case of contracts entered into with the federal government, its agencies or

25-16

instrumentalities, this state or any other state of the United States of America, its agencies, any

25-17

city, town, district, or other political subdivision of the states, hospitals not operated for profit,

25-18

educational institutions not operated for profit, churches, orphanages, and other institutions or

25-19

organizations operated exclusively for religious or charitable purposes, the contractor may

25-20

purchase such materials and supplies (materials and/or supplies are defined as those which are

25-21

essential to the project) that are to be utilized in the construction of the projects being performed

25-22

under the contracts without payment of the tax.

25-23

     (iii) The contractor shall not charge any sales or use tax to any exempt agency,

25-24

institution, or organization but shall in that instance provide his or her suppliers with certificates

25-25

in the form as determined by the division of taxation showing the reason for exemption; and the

25-26

contractor's records must substantiate the claim for exemption by showing the disposition of all

25-27

property so purchased. If any property is then used for a nonexempt purpose, the contractor must

25-28

pay the tax on the property used.

25-29

     (6) Gasoline. From the sale and from the storage, use, or other consumption in this state

25-30

of: (i) gasoline and other products taxed under chapter 36 of title 31, and (ii) fuels used for the

25-31

propulsion of airplanes.

25-32

     (7) Purchase for manufacturing purposes.

25-33

     (i) From the sale and from the storage, use, or other consumption in this state of computer

25-34

software, tangible personal property, electricity, natural gas, artificial gas, steam, refrigeration,

26-1

and water, when the property or service is purchased for the purpose of being manufactured into a

26-2

finished product for resale, and becomes an ingredient, component, or integral part of the

26-3

manufactured, compounded, processed, assembled, or prepared product, or if the property or

26-4

service is consumed in the process of manufacturing for resale computer software, tangible

26-5

personal property, electricity, natural gas, artificial gas, steam, refrigeration, or water.

26-6

     (ii) "Consumed" means destroyed, used up, or worn out to the degree or extent that the

26-7

property cannot be repaired, reconditioned, or rendered fit for further manufacturing use.

26-8

     (iii) "Consumed" includes mere obsolescence.

26-9

     (iv) "Manufacturing" means and includes manufacturing, compounding, processing,

26-10

assembling, preparing, or producing.

26-11

     (v) "Process of manufacturing" means and includes all production operations performed

26-12

in the producing or processing room, shop, or plant, insofar as the operations are a part of and

26-13

connected with the manufacturing for resale of tangible personal property, electricity, natural gas,

26-14

artificial gas, steam, refrigeration, or water and all production operations performed insofar as the

26-15

operations are a part of and connected with the manufacturing for resale of computer software.

26-16

     (vi) "Process of manufacturing" does not mean or include administration operations such

26-17

as general office operations, accounting, collection, sales promotion, nor does it mean or include

26-18

distribution operations which occur subsequent to production operations, such as handling,

26-19

storing, selling, and transporting the manufactured products, even though the administration and

26-20

distribution operations are performed by or in connection with a manufacturing business.

26-21

     (8) State and political subdivisions. From the sale to, and from the storage, use, or other

26-22

consumption by, this state, any city, town, district, or other political subdivision of this state.

26-23

Every redevelopment agency created pursuant to chapter 31 of title 45 is deemed to be a

26-24

subdivision of the municipality where it is located.

26-25

     (9) Food and food ingredients. From the sale and storage, use, or other consumption in

26-26

this state of food and food ingredients as defined in § 44-18-7.1(l).

26-27

     For the purposes of this exemption "food and food ingredients" shall not include candy,

26-28

soft drinks, dietary supplements, alcoholic beverages, tobacco, food sold through vending

26-29

machines or prepared food (as those terms are defined in § 44-18-7.1, unless the prepared food is:

26-30

     (i) Sold by a seller whose primary NAICS classification is manufacturing in sector 311,

26-31

except sub-sector 3118 (bakeries);

26-32

     (ii) Sold in an unheated state by weight or volume as a single item;

26-33

     (iii) Bakery items, including bread, rolls, buns, biscuits, bagels, croissants, pastries,

26-34

donuts, danish, cakes, tortes, pies, tarts, muffins, bars, cookies, tortillas; and is not sold with

27-1

utensils provided by the seller, including plates, knives, forks, spoons, glasses, cups, napkins, or

27-2

straws.

27-3

     (10) Medicines, drugs and durable medical equipment. From the sale and from the

27-4

storage, use, or other consumption in this state, of;

27-5

     (i) "Drugs" as defined in § 44-18-7.1(h)(i), sold on prescriptions, medical oxygen, and

27-6

insulin whether or not sold on prescription. For purposes of this exemption, drugs shall not

27-7

include over the counter drugs, and grooming and hygiene products as defined in § 44-18-

27-8

7.1(h)(iii).

27-9

     (ii) Durable medical equipment as defined in section 44-18-7.1(k) for home use only,

27-10

including, but not limited to, syringe infusers, ambulatory drug delivery pumps, hospital beds,

27-11

convalescent chairs, and chair lifts. Supplies used in connection with syringe infusers and

27-12

ambulatory drug delivery pumps which are sold on prescription to individuals to be used by them

27-13

to dispense or administer prescription drugs, and related ancillary dressings and supplies used to

27-14

dispense or administer prescription drugs shall also be exempt from tax.

27-15

     (11) Prosthetic devices and mobility enhancing equipment. From the sale and from the

27-16

storage, use, or other consumption in this state, of prosthetic devices as defined in § 44-18-7.1(t),

27-17

sold on prescription, including but not limited to, artificial limbs, dentures, spectacles and

27-18

eyeglasses, and artificial eyes; artificial hearing devices and hearing aids, whether or not sold on

27-19

prescription and mobility enhancing equipment as defined in § 44-18-7.1(p) including

27-20

wheelchairs, crutches and canes.

27-21

     (12) Coffins, caskets, and burial garments. From the sale and from the storage, use, or

27-22

other consumption in this state of coffins or caskets, and shrouds or other burial garments which

27-23

are ordinarily sold by a funeral director as part of the business of funeral directing.

27-24

     (13) Motor vehicles sold to nonresidents.

27-25

      (i) From the sale, subsequent to June 30, 1958, of a motor vehicle to a bona fide

27-26

nonresident of this state who does not register the motor vehicle in this state, whether the sale or

27-27

delivery of the motor vehicle is made in this state or at the place of residence of the nonresident.

27-28

A motor vehicle sold to a bona fide nonresident whose state of residence does not allow a like

27-29

exemption to its nonresidents is not exempt from the tax imposed under § 44-18-20. In that event

27-30

the bona fide nonresident pays a tax to Rhode Island on the sale at a rate equal to the rate that

27-31

would be imposed in his or her state of residence not to exceed the rate that would have been

27-32

imposed under § 44-18-20. Notwithstanding any other provisions of law, a licensed motor vehicle

27-33

dealer shall add and collect the tax required under this subdivision and remit the tax to the tax

27-34

administrator under the provisions of chapters 18 and 19 of this title. When a Rhode Island

28-1

licensed motor vehicle dealer is required to add and collect the sales and use tax on the sale of a

28-2

motor vehicle to a bona fide nonresident as provided in this section, the dealer in computing the

28-3

tax takes into consideration the law of the state of the nonresident as it relates to the trade-in of

28-4

motor vehicles.

28-5

     (ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may

28-6

require any licensed motor vehicle dealer to keep records of sales to bona fide nonresidents as the

28-7

tax administrator deems reasonably necessary to substantiate the exemption provided in this

28-8

subdivision, including the affidavit of a licensed motor vehicle dealer that the purchaser of the

28-9

motor vehicle was the holder of, and had in his or her possession a valid out of state motor

28-10

vehicle registration or a valid out of state driver's license.

28-11

     (iii) Any nonresident who registers a motor vehicle in this state within ninety (90) days of

28-12

the date of its sale to him or her is deemed to have purchased the motor vehicle for use, storage,

28-13

or other consumption in this state, and is subject to, and liable for the use tax imposed under the

28-14

provisions of § 44-18-20.

28-15

     (14) Sales in public buildings by blind people. From the sale and from the storage, use,

28-16

or other consumption in all public buildings in this state of all products or wares by any person

28-17

licensed under § 40-9-11.1.

28-18

     (15) Air and water pollution control facilities. From the sale, storage, use, or other

28-19

consumption in this state of tangible personal property or supplies acquired for incorporation into

28-20

or used and consumed in the operation of a facility, the primary purpose of which is to aid in the

28-21

control of the pollution or contamination of the waters or air of the state, as defined in chapter 12

28-22

of title 46 and chapter 25 of title 23, respectively, and which has been certified as approved for

28-23

that purpose by the director of environmental management. The director of environmental

28-24

management may certify to a portion of the tangible personal property or supplies acquired for

28-25

incorporation into those facilities or used and consumed in the operation of those facilities to the

28-26

extent that that portion has as its primary purpose the control of the pollution or contamination of

28-27

the waters or air of this state. As used in this subdivision, "facility" means any land, facility,

28-28

device, building, machinery, or equipment.

28-29

     (16) Camps. From the rental charged for living quarters, or sleeping or housekeeping

28-30

accommodations at camps or retreat houses operated by religious, charitable, educational, or

28-31

other organizations and associations mentioned in subdivision (5), or by privately owned and

28-32

operated summer camps for children.

28-33

     (17) Certain institutions. From the rental charged for living or sleeping quarters in an

28-34

institution licensed by the state for the hospitalization, custodial, or nursing care of human beings.

29-1

     (18) Educational institutions. From the rental charged by any educational institution for

29-2

living quarters, or sleeping or housekeeping accommodations or other rooms or accommodations

29-3

to any student or teacher necessitated by attendance at an educational institution. "Educational

29-4

institution" as used in this section means an institution of learning not operated for profit which is

29-5

empowered to confer diplomas, educational, literary, or academic degrees, which has a regular

29-6

faculty, curriculum, and organized body of pupils or students in attendance throughout the usual

29-7

school year, which keeps and furnishes to students and others records required and accepted for

29-8

entrance to schools of secondary, collegiate, or graduate rank, no part of the net earnings of which

29-9

inures to the benefit of any individual.

29-10

     (19) Motor vehicle and adaptive equipment for persons with disabilities.

29-11

     (i) From the sale of: (A) special adaptations, (B) the component parts of the special

29-12

adaptations, or (C) a specially adapted motor vehicle; provided, that the owner furnishes to the

29-13

tax administrator an affidavit of a licensed physician to the effect that the specially adapted motor

29-14

vehicle is necessary to transport a family member with a disability or where the vehicle has been

29-15

specially adapted to meet the specific needs of the person with a disability. This exemption

29-16

applies to not more than one motor vehicle owned and registered for personal, noncommercial

29-17

use.

29-18

     (ii) For the purpose of this subsection the term "special adaptations" includes, but is not

29-19

limited to: wheelchair lifts; wheelchair carriers; wheelchair ramps; wheelchair securements; hand

29-20

controls; steering devices; extensions, relocations, and crossovers of operator controls; power-

29-21

assisted controls; raised tops or dropped floors; raised entry doors; or alternative signaling

29-22

devices to auditory signals.

29-23

     (iii) From the sale of: (a) special adaptations, (b) the component parts of the special

29-24

adaptations, for a "wheelchair accessible taxicab" as defined in § 39-14-1 and/or a "wheelchair

29-25

accessible public motor vehicle" as defined in § 39-14.1-1.

29-26

     (iv) For the purpose of this subdivision the exemption for a "specially adapted motor

29-27

vehicle" means a use tax credit not to exceed the amount of use tax that would otherwise be due

29-28

on the motor vehicle, exclusive of any adaptations. The use tax credit is equal to the cost of the

29-29

special adaptations, including installation.

29-30

     (20) Heating fuels. From the sale and from the storage, use, or other consumption in this

29-31

state of every type of fuel used in the heating of homes and residential premises.

29-32

     (21) Electricity and gas. From the sale and from the storage, use, or other consumption

29-33

in this state of electricity and gas furnished for domestic use by occupants of residential premises.

30-34

     (22) Manufacturing machinery and equipment.

30-35

     (i) From the sale and from the storage, use, or other consumption in this state of tools,

30-36

dies, and molds, and machinery and equipment (including replacement parts), and related items to

30-37

the extent used in an industrial plant in connection with the actual manufacture, conversion, or

30-38

processing of tangible personal property, or to the extent used in connection with the actual

30-39

manufacture, conversion or processing of computer software as that term is utilized in industry

30-40

numbers 7371, 7372, and 7373 in the standard industrial classification manual prepared by the

30-41

technical committee on industrial classification, office of statistical standards, executive office of

30-42

the president, United States bureau of the budget, as revised from time to time, to be sold, or that

30-43

machinery and equipment used in the furnishing of power to an industrial manufacturing plant.

30-44

For the purposes of this subdivision, "industrial plant" means a factory at a fixed location

30-45

primarily engaged in the manufacture, conversion, or processing of tangible personal property to

30-46

be sold in the regular course of business;

30-47

     (ii) Machinery and equipment and related items are not deemed to be used in connection

30-48

with the actual manufacture, conversion, or processing of tangible personal property, or in

30-49

connection with the actual manufacture, conversion or processing of computer software as that

30-50

term is utilized in industry numbers 7371, 7372, and 7373 in the standard industrial classification

30-51

manual prepared by the technical committee on industrial classification, office of statistical

30-52

standards, executive office of the president, United States bureau of the budget, as revised from

30-53

time to time, to be sold to the extent the property is used in administration or distribution

30-54

operations;

30-55

     (iii) Machinery and equipment and related items used in connection with the actual

30-56

manufacture, conversion, or processing of any computer software or any tangible personal

30-57

property which is not to be sold and which would be exempt under subdivision (7) or this

30-58

subdivision if purchased from a vendor or machinery and equipment and related items used

30-59

during any manufacturing, converting or processing function is exempt under this subdivision

30-60

even if that operation, function, or purpose is not an integral or essential part of a continuous

30-61

production flow or manufacturing process;

30-62

     (iv) Where a portion of a group of portable or mobile machinery is used in connection

30-63

with the actual manufacture, conversion, or processing of computer software or tangible personal

30-64

property to be sold, as previously defined, that portion, if otherwise qualifying, is exempt under

30-65

this subdivision even though the machinery in that group is used interchangeably and not

30-66

otherwise identifiable as to use.

30-67

     (23) Trade-in value of motor vehicles. From the sale and from the storage, use, or other

30-68

consumption in this state of so much of the purchase price paid for a new or used automobile as is

31-1

allocated for a trade-in allowance on the automobile of the buyer given in trade to the seller, or of

31-2

the proceeds applicable only to the automobile as are received from the manufacturer of

31-3

automobiles for the repurchase of the automobile whether the repurchase was voluntary or not

31-4

towards the purchase of a new or used automobile by the buyer. For the purpose of this

31-5

subdivision, the word "automobile" means a private passenger automobile not used for hire and

31-6

does not refer to any other type of motor vehicle.

31-7

     (24)  Precious metal bullion.  (i) From the sale and from the storage, use, or other

31-8

consumption in this state of precious metal bullion, substantially equivalent to a transaction in

31-9

securities or commodities.

31-10

     (ii) For purposes of this subdivision, "precious metal bullion" means any elementary

31-11

precious metal which has been put through a process of smelting or refining, including, but not

31-12

limited to, gold, silver, platinum, rhodium, and chromium, and which is in a state or condition

31-13

that its value depends upon its content and not upon its form.

31-14

     (iii) The term does not include fabricated precious metal which has been processed or

31-15

manufactured for some one or more specific and customary industrial, professional, or artistic

31-16

uses.

31-17

     (25) Commercial vessels. From sales made to a commercial ship, barge, or other vessel

31-18

of fifty (50) tons burden or over, primarily engaged in interstate or foreign commerce, and from

31-19

the repair, alteration, or conversion of the vessels, and from the sale of property purchased for the

31-20

use of the vessels including provisions, supplies, and material for the maintenance and/or repair

31-21

of the vessels.

31-22

     (26) Commercial fishing vessels. From the sale and from the storage, use, or other

31-23

consumption in this state of vessels and other water craft which are in excess of five (5) net tons

31-24

and which are used exclusively for "commercial fishing", as defined in this subdivision, and from

31-25

the repair, alteration, or conversion of those vessels and other watercraft, and from the sale of

31-26

property purchased for the use of those vessels and other watercraft including provisions,

31-27

supplies, and material for the maintenance and/or repair of the vessels and other watercraft and

31-28

the boats nets, cables, tackle, and other fishing equipment appurtenant to or used in connection

31-29

with the commercial fishing of the vessels and other watercraft. "Commercial fishing" means the

31-30

taking or the attempting to take any fish, shellfish, crustacea, or bait species with the intent of

31-31

disposing of them for profit or by sale, barter, trade, or in commercial channels. The term does

31-32

not include subsistence fishing, i.e., the taking for personal use and not for sale or barter; or sport

31-33

fishing; but shall include vessels and other watercraft with a Rhode Island party and charter boat

31-34

license issued by the department of environmental management pursuant to § 20-2-27.1 which

32-1

meet the following criteria: (i) the operator must have a current U.S.C.G. license to carry

32-2

passengers for hire; (ii) U.S.C.G. vessel documentation in the coast wide fishery trade; (iii)

32-3

U.S.C.G. vessel documentation as to proof of Rhode Island home port status or a Rhode Island

32-4

boat registration to prove Rhode Island home port status; (iv) the vessel must be used as a

32-5

commercial passenger carrying fishing vessel to carry passengers for fishing. The vessel must be

32-6

able to demonstrate that at least fifty percent (50%) of its annual gross income derives from

32-7

charters or provides documentation of a minimum of one hundred (100) charter trips annually; (v)

32-8

the vessel must have a valid Rhode Island party and charter boat license. The tax administrator

32-9

shall implement the provisions of this subdivision by promulgating rules and regulations relating

32-10

thereto.

32-11

     (27) Clothing and footwear. From the sales of articles of clothing, including footwear,

32-12

intended to be worn or carried on or about the human body for sales prior to October 1, 2012.

32-13

Effective October 1, 2012, the exemption will apply to the sales of articles of clothing, including

32-14

footwear, intended to be worn or carried on or about the human body up to two hundred and fifty

32-15

dollars ($250) of the sales price per item. For the purposes of this section, "clothing or footwear"

32-16

does not include clothing accessories or equipment or special clothing or footwear primarily

32-17

designed for athletic activity or protective use as these terms are defined in § 44-18-7.1(f). In

32-18

recognition of the work being performed by the Streamlined Sales and Use Tax Governing Board,

32-19

upon any federal law which requires remote sellers to collect and remit taxes, effective the first

32-20

(1st) day of the first (1st) state fiscal quarter following the change, this exemption will apply as it

32-21

did prior to October 1, 2012.

32-22

     (28) Water for residential use. From the sale and from the storage, use, or other

32-23

consumption in this state of water furnished for domestic use by occupants of residential

32-24

premises.

32-25

     (29) Bibles. [Unconstitutional; see Ahlburn v. Clark, 728 A.2d 449 (R.I. 1999); see

32-26

Notes to Decisions.] From the sale and from the storage, use, or other consumption in the state of

32-27

any canonized scriptures of any tax-exempt nonprofit religious organization including, but not

32-28

limited to, the Old Testament and the New Testament versions.

32-29

     (30) Boats.

32-30

     (i) From the sale of a boat or vessel to a bona fide nonresident of this state who does not

32-31

register the boat or vessel in this state, or document the boat or vessel with the United States

32-32

government at a home port within the state, whether the sale or delivery of the boat or vessel is

32-33

made in this state or elsewhere; provided, that the nonresident transports the boat within thirty

32-34

(30) days after delivery by the seller outside the state for use thereafter solely outside the state.

33-1

     (ii) The tax administrator, in addition to the provisions of §§ 44-19-17 and 44-19-28, may

33-2

require the seller of the boat or vessel to keep records of the sales to bona fide nonresidents as the

33-3

tax administrator deems reasonably necessary to substantiate the exemption provided in this

33-4

subdivision, including the affidavit of the seller that the buyer represented himself or herself to be

33-5

a bona fide nonresident of this state and of the buyer that he or she is a nonresident of this state.

33-6

     (31) Youth activities equipment. From the sale, storage, use, or other consumption in this

33-7

state of items for not more than twenty dollars ($20.00) each by nonprofit Rhode Island

33-8

eleemosynary organizations, for the purposes of youth activities which the organization is formed

33-9

to sponsor and support; and by accredited elementary and secondary schools for the purposes of

33-10

the schools or of organized activities of the enrolled students.

33-11

     (32) Farm equipment. From the sale and from the storage or use of machinery and

33-12

equipment used directly for commercial farming and agricultural production; including, but not

33-13

limited to, tractors, ploughs, harrows, spreaders, seeders, milking machines, silage conveyors,

33-14

balers, bulk milk storage tanks, trucks with farm plates, mowers, combines, irrigation equipment,

33-15

greenhouses and greenhouse coverings, graders and packaging machines, tools and supplies and

33-16

other farming equipment, including replacement parts, appurtenant to or used in connection with

33-17

commercial farming and tools and supplies used in the repair and maintenance of farming

33-18

equipment. "Commercial farming" means the keeping or boarding of five (5) or more horses or

33-19

the production within this state of agricultural products, including, but not limited to, field or

33-20

orchard crops, livestock, dairy, and poultry, or their products, where the keeping, boarding, or

33-21

production provides at least two thousand five hundred dollars ($2,500) in annual gross sales to

33-22

the operator, whether an individual, a group, a partnership, or a corporation for exemptions issued

33-23

prior to July 1, 2002; for exemptions issued or renewed after July 1, 2002, there shall be two (2)

33-24

levels. Level I shall be based on proof of annual gross sales from commercial farming of at least

33-25

twenty-five hundred dollars ($2,500) and shall be valid for purchases subject to the exemption

33-26

provided in this subdivision except for motor vehicles with an excise tax value of five thousand

33-27

dollars ($5,000) or greater; Level II shall be based on proof of annual gross sales from

33-28

commercial farming of at least ten thousand dollars ($10,000) or greater and shall be valid for

33-29

purchases subject to the exemption provided in this subdivision including motor vehicles with an

33-30

excise tax value of five thousand dollars ($5,000) or greater. For the initial issuance of the

33-31

exemptions, proof of the requisite amount of annual gross sales from commercial farming shall be

33-32

required for the prior year; for any renewal of an exemption granted in accordance with this

33-33

subdivision at either Level I or Level II, proof of gross annual sales from commercial farming at

33-34

the requisite amount shall be required for each of the prior two (2) years. Certificates of

34-1

exemption issued or renewed after July 1, 2002, shall clearly indicate the level of the exemption

34-2

and be valid for four (4) years after the date of issue. This exemption applies even if the same

34-3

equipment is used for ancillary uses, or is temporarily used for a non-farming or a non-

34-4

agricultural purpose, but shall not apply to motor vehicles acquired after July 1, 2002, unless the

34-5

vehicle is a farm vehicle as defined pursuant to § 31-1-8 and is eligible for registration displaying

34-6

farm plates as provided for in § 31-3-31.

34-7

     (33) Compressed air. From the sale and from the storage, use, or other consumption in

34-8

the state of compressed air.

34-9

     (34) Flags. From the sale and from the storage, consumption, or other use in this state of

34-10

United States, Rhode Island or POW-MIA flags.

34-11

     (35) Motor vehicle and adaptive equipment to certain veterans. From the sale of a motor

34-12

vehicle and adaptive equipment to and for the use of a veteran with a service-connected loss of or

34-13

the loss of use of a leg, foot, hand, or arm, or any veteran who is a double amputee, whether

34-14

service connected or not. The motor vehicle must be purchased by and especially equipped for

34-15

use by the qualifying veteran. Certificate of exemption or refunds of taxes paid is granted under

34-16

rules or regulations that the tax administrator may prescribe.

34-17

     (36) Textbooks. From the sale and from the storage, use, or other consumption in this

34-18

state of textbooks by an "educational institution" as defined in subdivision (18) of this section and

34-19

as well as any educational institution within the purview of § 16-63-9(4) and used textbooks by

34-20

any purveyor.

34-21

     (37) Tangible personal property and supplies used in on-site hazardous waste recycling,

34-22

reuse, or treatment. From the sale, storage, use, or other consumption in this state of tangible

34-23

personal property or supplies used or consumed in the operation of equipment, the exclusive

34-24

function of which is the recycling, reuse, or recovery of materials (other than precious metals, as

34-25

defined in subdivision (24)(ii) of this section) from the treatment of "hazardous wastes", as

34-26

defined in § 23-19.1-4, where the "hazardous wastes" are generated in Rhode Island solely by the

34-27

same taxpayer and where the personal property is located at, in, or adjacent to a generating

34-28

facility of the taxpayer in Rhode Island. The taxpayer shall procure an order from the director of

34-29

the department of environmental management certifying that the equipment and/or supplies as

34-30

used, or consumed, qualify for the exemption under this subdivision. If any information relating

34-31

to secret processes or methods of manufacture, production, or treatment is disclosed to the

34-32

department of environmental management only to procure an order, and is a "trade secret" as

34-33

defined in § 28-21-10(b), it is not open to public inspection or publicly disclosed unless

34-34

disclosure is required under chapter 21 of title 28 or chapter 24.4 of title 23.

35-1

     (38) Promotional and product literature of boat manufacturers. From the sale and from

35-2

the storage, use, or other consumption of promotional and product literature of boat

35-3

manufacturers shipped to points outside of Rhode Island which either: (i) accompany the product

35-4

which is sold, (ii) are shipped in bulk to out of state dealers for use in the sale of the product, or

35-5

(iii) are mailed to customers at no charge.

35-6

     (39) Food items paid for by food stamps. From the sale and from the storage, use, or

35-7

other consumption in this state of eligible food items payment for which is properly made to the

35-8

retailer in the form of U.S. government food stamps issued in accordance with the Food Stamp

35-9

Act of 1977, 7 U.S.C. § 2011 et seq.

35-10

     (40) Transportation charges. From the sale or hiring of motor carriers as defined in § 39-

35-11

12-2(l) to haul goods, when the contract or hiring cost is charged by a motor freight tariff filed

35-12

with the Rhode Island public utilities commission on the number of miles driven or by the

35-13

number of hours spent on the job.

35-14

     (41) Trade-in value of boats. From the sale and from the storage, use, or other

35-15

consumption in this state of so much of the purchase price paid for a new or used boat as is

35-16

allocated for a trade-in allowance on the boat of the buyer given in trade to the seller or of the

35-17

proceeds applicable only to the boat as are received from an insurance claim as a result of a stolen

35-18

or damaged boat, towards the purchase of a new or used boat by the buyer.

35-19

     (42) Equipment used for research and development. From the sale and from the storage,

35-20

use, or other consumption of equipment to the extent used for research and development purposes

35-21

by a qualifying firm. For the purposes of this subdivision, "qualifying firm" means a business for

35-22

which the use of research and development equipment is an integral part of its operation, and

35-23

"equipment" means scientific equipment, computers, software, and related items.

35-24

     (43) Coins. From the sale and from the other consumption in this state of coins having

35-25

numismatic or investment value.

35-26

     (44) Farm structure construction materials. Lumber, hardware and other materials used

35-27

in the new construction of farm structures, including production facilities such as, but not limited

35-28

to, farrowing sheds, free stall and stanchion barns, milking parlors, silos, poultry barns, laying

35-29

houses, fruit and vegetable storages, rooting cellars, propagation rooms, greenhouses, packing

35-30

rooms, machinery storage, seasonal farm worker housing, certified farm markets, bunker and

35-31

trench silos, feed storage sheds, and any other structures used in connection with commercial

35-32

farming.

35-33

     (45) Telecommunications carrier access service. Carrier access service or

35-34

telecommunications service when purchased by a telecommunications company from another

36-1

telecommunications company to facilitate the provision of telecommunications service.

36-2

     (46) Boats or vessels brought into the state exclusively for winter storage, maintenance,

36-3

repair or sale. Notwithstanding the provisions of §§ 44-18-10, 44-18-11, 44-18-20, the tax

36-4

imposed by § 44-18-20 is not applicable for the period commencing on the first day of October in

36-5

any year to and including the 30th day of April next succeeding with respect to the use of any

36-6

boat or vessel within this state exclusively for purposes of: (i) delivery of the vessel to a facility in

36-7

this state for storage, including dry storage and storage in water by means of apparatus preventing

36-8

ice damage to the hull, maintenance, or repair; (ii) the actual process of storage, maintenance, or

36-9

repair of the boat or vessel; or (iii) storage for the purpose of selling the boat or vessel.

36-10

     (47) Jewelry display product. From the sale and from the storage, use, or other

36-11

consumption in this state of tangible personal property used to display any jewelry product;

36-12

provided, that title to the jewelry display product is transferred by the jewelry manufacturer or

36-13

seller and that the jewelry display product is shipped out of state for use solely outside the state

36-14

and is not returned to the jewelry manufacturer or seller.

36-15

     (48) Boats or vessels generally. Notwithstanding the provisions of this chapter, the tax

36-16

imposed by §§ 44-18-20 and 44-18-18 shall not apply with respect to the sale and to the storage,

36-17

use, or other consumption in this state of any new or used boat. The exemption provided for in

36-18

this subdivision does not apply after October 1, 1993, unless prior to October 1, 1993, the federal

36-19

ten percent (10%) surcharge on luxury boats is repealed.

36-20

     (49) Banks and Regulated investment companies interstate toll-free calls.

36-21

Notwithstanding the provisions of this chapter, the tax imposed by this chapter does not apply to

36-22

the furnishing of interstate and international, toll-free terminating telecommunication service that

36-23

is used directly and exclusively by or for the benefit of an eligible company as defined in this

36-24

subdivision; provided, that an eligible company employs on average during the calendar year no

36-25

less than five hundred (500) "full-time equivalent employees", as that term is defined in § 42-

36-26

64.5-2. For purposes of this section, an "eligible company" means a "regulated investment

36-27

company" as that term is defined in the Internal Revenue Code of 1986, 26 U.S.C. § 1 et seq., or a

36-28

corporation to the extent the service is provided, directly or indirectly, to or on behalf of a

36-29

regulated investment company, an employee benefit plan, a retirement plan or a pension plan or a

36-30

state chartered bank.

36-31

     (50) Mobile and manufactured homes generally. From the sale and from the storage, use,

36-32

or other consumption in this state of mobile and/or manufactured homes as defined and subject to

36-33

taxation pursuant to the provisions of chapter 44 of title 31.

37-34

     (51) Manufacturing business reconstruction materials.

37-35

     (i) From the sale and from the storage, use or other consumption in this state of lumber,

37-36

hardware, and other building materials used in the reconstruction of a manufacturing business

37-37

facility which suffers a disaster, as defined in this subdivision, in this state. "Disaster" means any

37-38

occurrence, natural or otherwise, which results in the destruction of sixty percent (60%) or more

37-39

of an operating manufacturing business facility within this state. "Disaster" does not include any

37-40

damage resulting from the willful act of the owner of the manufacturing business facility.

37-41

     (ii) Manufacturing business facility includes, but is not limited to, the structures housing

37-42

the production and administrative facilities.

37-43

     (iii) In the event a manufacturer has more than one manufacturing site in this state, the

37-44

sixty percent (60%) provision applies to the damages suffered at that one site.

37-45

     (iv) To the extent that the costs of the reconstruction materials are reimbursed by

37-46

insurance, this exemption does not apply.

37-47

     (52) Tangible personal property and supplies used in the processing or preparation of

37-48

floral products and floral arrangements. From the sale, storage, use, or other consumption in this

37-49

state of tangible personal property or supplies purchased by florists, garden centers, or other like

37-50

producers or vendors of flowers, plants, floral products, and natural and artificial floral

37-51

arrangements which are ultimately sold with flowers, plants, floral products, and natural and

37-52

artificial floral arrangements or are otherwise used in the decoration, fabrication, creation,

37-53

processing, or preparation of flowers, plants, floral products, or natural and artificial floral

37-54

arrangements, including descriptive labels, stickers, and cards affixed to the flower, plant, floral

37-55

product or arrangement, artificial flowers, spray materials, floral paint and tint, plant shine, flower

37-56

food, insecticide and fertilizers.

37-57

     (53) Horse food products. From the sale and from the storage, use, or other consumption

37-58

in this state of horse food products purchased by a person engaged in the business of the boarding

37-59

of horses.

37-60

     (54) Non-motorized recreational vehicles sold to nonresidents.

37-61

     (i) From the sale, subsequent to June 30, 2003, of a non-motorized recreational vehicle to

37-62

a bona fide nonresident of this state who does not register the non-motorized recreational vehicle

37-63

in this state, whether the sale or delivery of the non-motorized recreational vehicle is made in this

37-64

state or at the place of residence of the nonresident; provided, that a non-motorized recreational

37-65

vehicle sold to a bona fide nonresident whose state of residence does not allow a like exemption

37-66

to its nonresidents is not exempt from the tax imposed under § 44-18-20; provided, further, that in

37-67

that event the bona fide nonresident pays a tax to Rhode Island on the sale at a rate equal to the

37-68

rate that would be imposed in his or her state of residence not to exceed the rate that would have

38-1

been imposed under § 44-18-20. Notwithstanding any other provisions of law, a licensed non-

38-2

motorized recreational vehicle dealer shall add and collect the tax required under this subdivision

38-3

and remit the tax to the tax administrator under the provisions of chapters 18 and 19 of this title.

38-4

Provided, that when a Rhode Island licensed non-motorized recreational vehicle dealer is required

38-5

to add and collect the sales and use tax on the sale of a non-motorized recreational vehicle to a

38-6

bona fide nonresident as provided in this section, the dealer in computing the tax takes into

38-7

consideration the law of the state of the nonresident as it relates to the trade-in of motor vehicles.

38-8

     (ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may

38-9

require any licensed non-motorized recreational vehicle dealer to keep records of sales to bona

38-10

fide nonresidents as the tax administrator deems reasonably necessary to substantiate the

38-11

exemption provided in this subdivision, including the affidavit of a licensed non-motorized

38-12

recreational vehicle dealer that the purchaser of the non-motorized recreational vehicle was the

38-13

holder of, and had in his or her possession a valid out-of-state non-motorized recreational vehicle

38-14

registration or a valid out-of-state driver's license.

38-15

     (iii) Any nonresident who registers a non-motorized recreational vehicle in this state

38-16

within ninety (90) days of the date of its sale to him or her is deemed to have purchased the non-

38-17

motorized recreational vehicle for use, storage, or other consumption in this state, and is subject

38-18

to, and liable for the use tax imposed under the provisions of § 44-18-20.

38-19

     (iv) "Non-motorized recreational vehicle" means any portable dwelling designed and

38-20

constructed to be used as a temporary dwelling for travel, camping, recreational, and vacation use

38-21

which is eligible to be registered for highway use, including, but not limited to, "pick-up coaches"

38-22

or "pick-up campers," "travel trailers," and "tent trailers" as those terms are defined in chapter 1

38-23

of title 31.

38-24

     (55) Sprinkler and fire alarm systems in existing buildings. From the sale in this state of

38-25

sprinkler and fire alarm systems, emergency lighting and alarm systems, and from the sale of the

38-26

materials necessary and attendant to the installation of those systems, that are required in

38-27

buildings and occupancies existing therein in July 2003, in order to comply with any additional

38-28

requirements for such buildings arising directly from the enactment of the Comprehensive Fire

38-29

Safety Act of 2003, and that are not required by any other provision of law or ordinance or

38-30

regulation adopted pursuant to that Act. The exemption provided in this subdivision shall expire

38-31

on December 31, 2008.

38-32

     (56) Aircraft. Notwithstanding the provisions of this chapter, the tax imposed by §§ 44-

38-33

18-18 and 44-18-20 shall not apply with respect to the sale and to the storage, use, or other

38-34

consumption in this state of any new or used aircraft or aircraft parts.

39-1

     (57) Renewable energy products. Notwithstanding any other provisions of Rhode Island

39-2

general laws the following products shall also be exempt from sales tax: solar photovoltaic

39-3

modules or panels, or any module or panel that generates electricity from light; solar thermal

39-4

collectors, including, but not limited to, those manufactured with flat glass plates, extruded

39-5

plastic, sheet metal, and/or evacuated tubes; geothermal heat pumps, including both water-to-

39-6

water and water-to-air type pumps; wind turbines; towers used to mount wind turbines if

39-7

specified by or sold by a wind turbine manufacturer; DC to AC inverters that interconnect with

39-8

utility power lines; manufactured mounting racks and ballast pans for solar collector, module or

39-9

panel installation. Not to include materials that could be fabricated into such racks; monitoring

39-10

and control equipment, if specified or supplied by a manufacturer of solar thermal, solar

39-11

photovoltaic, geothermal, or wind energy systems or if required by law or regulation for such

39-12

systems but not to include pumps, fans or plumbing or electrical fixtures unless shipped from the

39-13

manufacturer affixed to, or an integral part of, another item specified on this list; and solar storage

39-14

tanks that are part of a solar domestic hot water system or a solar space heating system. If the tank

39-15

comes with an external heat exchanger it shall also be tax exempt, but a standard hot water tank is

39-16

not exempt from state sales tax.

39-17

     (58) Returned property. The amount charged for property returned by customers upon

39-18

rescission of the contract of sale when the entire amount exclusive of handling charges paid for

39-19

the property is refunded in either cash or credit, and where the property is returned within one

39-20

hundred twenty (120) days from the date of delivery.

39-21

     (59) Dietary Supplements. From the sale and from the storage, use or other consumption

39-22

of dietary supplements as defined in § 44-18-7.1(l)(v), sold on prescriptions.

39-23

     (60) Blood. From the sale and from the storage, use or other consumption of human

39-24

blood.

39-25

     (61) Agricultural products for human consumption. From the sale and from the storage,

39-26

use or other consumption of livestock and poultry of the kinds of products of which ordinarily

39-27

constitute food for human consumption and of livestock of the kind the products of which

39-28

ordinarily constitute fibers for human use.

39-29

     (62) Diesel emission control technology. From the sale and use of diesel retrofit

39-30

technology that is required by § 31-47.3-4 of the general laws.

39-31

     SECTION 4. Chapter 44-18 of the General Laws entitled “Sales and Use Taxes –

39-32

Liability and Computation” is hereby amended by adding thereto the following section:

39-33

     44-18-7.3. Services defined.-- (a) “Services” means all activities engaged in for other

39-34

persons for a fee, retainer, commission, or other monetary charge, which activities involve the

40-1

performance of a service in this state as distinguished from selling property.

40-2

     (b) The following businesses and services performed in this state, along with the

40-3

applicable 2007 North American Industrial Classification System (NAICS) codes, are included in

40-4

the definition of services:

40-5

     (1) Taxicab and limousine services including but not limited to:

40-6

     (i) Taxicab services including taxi dispatchers (485310); and

40-7

     (ii) Limousine services (485320).

40-8

     (2) Other road transportation service including but not limited to:

40-9

     (i) Charter bus service (485510); and

40-10

     (ii) All other transit and ground passenger transportation (485999).

40-11

     (3) Pet care services (812910) except veterinary and testing laboratories services.

40-12

     (4) Car washes (811192).

40-13

     (c) The tax administrator is authorized to promulgate rules and regulations in accordance

40-14

with the provisions of chapter 42-35 to carry out the provisions, policies, and purposes of this

40-15

chapter.

40-16

     SECTION 5. Section 44-19-7 of the General Laws in Chapter 44-19 entitled “Sales and

40-17

Use Taxes – Enforcement and Collection” is hereby amended to read as follows:

40-18

     44-19-7. Registration of retailers [effective until October 1, 2012]. -- Every retailer

40-19

selling tangible personal property, or prewritten computer software delivered electronically or by

40-20

load and leave for storage, use, or other consumption in this state, and/or package tour and scenic

40-21

and sightseeing transportation services or renting living quarters in any hotel, rooming house, or

40-22

tourist camp in this state must register with the tax administrator and give the name and address

40-23

of all agents operating in this state, the location of all distribution or sales houses or offices, or of

40-24

any hotel, rooming house, or tourist camp or other places of business in this state, and other

40-25

information that the tax administrator may require.

40-26

     44-19-7. Registration of retailers [effective October 1, 2012]. -- Every retailer selling

40-27

tangible personal property, or prewritten computer software delivered electronically or by load

40-28

and leave for storage, use, or other consumption in this state, as well as services as defined in

40-29

section 44-18-7.3, in this state, or renting living quarters in any hotel as defined in section 42-

40-30

63.1-2, rooming house, or tourist camp in this state must register with the tax administrator and

40-31

give the name and address of all agents operating in this state, the location of all distribution or

40-32

sales houses or offices, or of any hotel as defined in section 42-63.1-2, rooming house, or tourist

40-33

camp or other places of business in this state, and other information that the tax administrator

40-34

may require.

41-1

     SECTION 6. Sections 44-20-1, 44-20-2, 44-20-3, 44-20-4.1, 44-20-12, 44-20-13, 44-20-

41-2

13.2, 44-20-39 and 44-20-45 of the General Laws in Chapter 44-20 entitled "Cigarette Tax" is

41-3

hereby amended to read as follows:

41-4

     44-20-1. Definitions. -- Whenever used in this chapter, unless the context requires

41-5

otherwise:

41-6

     (1) "Administrator" means the tax administrator;

41-7

     (2) "Cigarettes" means and includes any cigarettes suitable for smoking in cigarette form,

41-8

and each sheet of cigarette rolling paper;

41-9

     (3) "Dealer" means any person whether located within or outside of this state, who sells

41-10

or distributes cigarettes to a consumer in this state;

41-11

     (4) "Distributor" means any person:

41-12

     (A) Whether located within or outside of this state, other than a dealer, who sells or

41-13

distributes cigarettes within or into this state. Such term shall not include any cigarette

41-14

manufacturer, export warehouse proprietor, or importer with a valid permit under 26 U.S.C. §

41-15

5712, if such person sells or distributes cigarettes in this state only to licensed distributors, or to

41-16

an export warehouse proprietor or another manufacturer with a valid permit under 26 U.S.C. §

41-17

5712;

41-18

     (B) Selling cigarettes directly to consumers in this state by means of at least twenty-five

41-19

(25) cigarette vending machines;

41-20

     (C) Engaged in this state in the business of manufacturing cigarettes or any person

41-21

engaged in the business of selling cigarettes to dealers, or to other persons, for the purpose of

41-22

resale only; provided, that seventy-five percent (75%) of all cigarettes sold by that person in this

41-23

state are sold to dealers or other persons for resale and selling cigarettes directly to at least forty

41-24

(40) dealers or other persons for resale; or

41-25

     (D) Maintaining one or more regular places of business in this state for that purpose;

41-26

provided, that seventy-five percent (75%) of the sold cigarettes are purchased directly from the

41-27

manufacturer and selling cigarettes directly to at least forty (40) dealers or other persons for

41-28

resale;

41-29

     (5) "Importer" means any person who imports into the United States, either directly or

41-30

indirectly, a finished cigarette for sale or distribution;

41-31

     (6) "Licensed", when used with reference to a manufacturer, importer, distributor or

41-32

dealer, means only those persons who hold a valid and current license issued under § 44-20-2 for

41-33

the type of business being engaged in. When the term "licensed" is used before a list of entities,

41-34

such as "licensed manufacturer, importer, wholesale dealer, or retailer dealer," such term shall be

42-1

deemed to apply to each entity in such list;

42-2

     (7) "Manufacturer" means any person who manufactures, fabricates, assembles,

42-3

processes, or labels a finished cigarette;

42-4

     (8) "Person" means any individual, including an employee or agent, firm, fiduciary,

42-5

partnership, corporation, trust, or association, however formed;

42-6

     (9) "Place of business" means and includes any place where cigarettes are sold or where

42-7

cigarettes are stored or kept for the purpose of sale or consumption, including any vessel, vehicle,

42-8

airplane, train, or vending machine;

42-9

     (10) "Sale" or "sell" includes and applies to gifts, exchanges, and barter;

42-10

     (11) "Stamp" means the impression, device, stamp, label, or print manufactured, printed,

42-11

or made as prescribed by the administrator to be affixed to packages of cigarettes, as evidence of

42-12

the payment of the tax provided by this chapter or to indicate that the cigarettes are intended for a

42-13

sale or distribution in this state that is exempt from state tax under the provisions of state law; and

42-14

also includes impressions made by metering machines authorized to be used under the provisions

42-15

of this chapter.

42-16

     44-20-2. Importer, distributor, and dealer licenses required – Licenses required. --

42-17

Each person engaging in the business of selling cigarette and/or any tobacco products in this state,

42-18

including any distributor or dealer, shall secure a license from the administrator before engaging

42-19

in that business, or continuing to engage in it. A separate application and license is required for

42-20

each place of business operated by a distributor or dealer; provided, that an operator of vending

42-21

machines for cigarette products is not required to obtain a distributor's license for each machine.

42-22

If the applicant for a license does not have a place of business in this state, the license shall be

42-23

issued for such applicant's principal place of business, wherever located. A licensee shall notify

42-24

the administrator within thirty (30) days in the event that it changes its principal place of

42-25

business. A separate license is required for each class of business if the applicant is engaged in

42-26

more than one of the activities required to be licensed by this section. No person shall maintain or

42-27

operate or cause to be operated a vending machine for cigarette products without procuring a

42-28

dealer's license for each machine.

42-29

     44-20-3. Penalties for unlicensed business. -- Any distributor or dealer who sells, offers

42-30

for sale, or possesses with intent to sell, cigarettes and/or any tobacco products without a license

42-31

as provided in § 44-20-2, shall be fined in accordance with the provisions of and the penalties

42-32

contained in § 11-9-13.15.

42-33

     44-20-4.1. License availability. -- (a) No license under this chapter may be granted,

42-34

maintained or renewed if the applicant, or any combination of persons owning directly or

43-1

indirectly, in the aggregate, more than ten percent (10%) of the ownership any interests in the

43-2

applicant:

43-3

     (1) Owes five hundred dollars ($500) or more in delinquent cigarette taxes;

43-4

     (2) Is delinquent in any tax filings for one month or more;

43-5

     (2)(3) Had a license under this chapter revoked by the administrator within the past two

43-6

(2) years;

43-7

     (3)(4) Has been convicted of a crime relating to cigarettes stolen or counterfeit cigarettes;

43-8

     (4)(5) Is a cigarette manufacturer or importer that is neither: (i) a participating

43-9

manufacturer as defined in subsection II (jj) of the "Master Settlement Agreement" as defined in

43-10

§ 23-71-2; nor (ii) in full compliance with chapter 20.2 of this title and § 23-71-3;

43-11

     (5)(6) Has imported, or caused to be imported, into the United States any cigarette in

43-12

violation of 19 U.S.C. § 1681a; or

43-13

     (6)(7) Has imported, or caused to be imported into the United States, or manufactured for

43-14

sale or distribution in the United States any cigarette that does not fully comply with the Federal

43-15

Cigarette Labeling and Advertising Act (15 U.S.C. § 1331, et. seq).

43-16

     (b) No person shall apply for a new license or permit (as defined in § 44-19-1) or renewal

43-17

of a license or permit, and no license or permit shall be issued or renewed for any person, unless

43-18

all outstanding fines, fees or other charges relating to any license or permit held by that person

43-19

have been paid.

43-20

     (2) No license or permit shall be issued relating to a business at any specific location until

43-21

all prior licenses or permits relating to that location have been officially terminated and all fines,

43-22

fees or charges relating to the prior licenses have been paid or otherwise resolved or the

43-23

administrator has found that the person applying for the new license or permit is not acting as an

43-24

agent for the prior licensee or permit holder who is subject to any such related fines, fees or

43-25

charges that are still due. Evidence of such agency status includes, but is not limited to, a direct

43-26

familial relationship and/or an employment, contractual or other formal financial or business

43-27

relationship with the prior licensee or permit holder.

43-28

     (3) No person shall apply for a new license or permit pertaining to a specific location in

43-29

order to evade payment of any fines, fees or other charges relating to a prior license or permit for

43-30

that location.

43-31

     (4) No new license or permit shall be issued for a business at a specific location for which

43-32

a license or permit already has been issued unless there is a bona fide, good faith change in

43-33

ownership of the business at that location.

44-34

     (5) No license or permit shall be issued, renewed or maintained for any person, including

44-35

the owners of the business being licensed or having applied and received a permit, that has been

44-36

convicted of violating any criminal law relating to tobacco products, the payment of taxes or

44-37

fraud or has been ordered to pay civil fines of more than twenty-five thousand dollars ($25,000)

44-38

dollars for violations of any civil law relating to tobacco products, the payment of taxes or fraud.

44-39

     44-20-12. Tax imposed on cigarettes sold. -- A tax is imposed on all cigarettes sold or

44-40

held for sale in the state. The payment of the tax to be evidenced by stamps, which may be

44-41

affixed only by licensed distributors to the packages containing such cigarettes. Any cigarettes on

44-42

which the proper amount of tax provided for in this chapter has been paid, payment being

44-43

evidenced by the stamp, is not subject to a further tax under this chapter. The tax is at the rate of

44-44

one hundred seventy-three (173) one hundred seventy five (175) mills for each cigarette.

44-45

     44-20-13. Tax imposed on unstamped cigarettes. -- A tax is imposed at the rate of one

44-46

hundred seventy-three (173) one hundred seventy five (175) mills for each cigarette upon the

44-47

storage or use within this state of any cigarettes not stamped in accordance with the provisions of

44-48

this chapter in the possession of any consumer within this state.

44-49

     44-20-13.2. Tax imposed on smokeless tobacco, cigars, and pipe tobacco products. --

44-50

(a) A tax is imposed on all smokeless tobacco, cigars, and pipe tobacco products sold or held for

44-51

sale in the state by any person, the payment of the tax to be accomplished according to a

44-52

mechanism established by the administrator, division of taxation, department of administration.

44-53

Any tobacco product on which the proper amount of tax provided for in this chapter has been

44-54

paid, payment being evidenced by a stamp, is not subject to a further tax under this chapter. The

44-55

tax imposed by this section shall be as follows:

44-56

     (1) At the rate of eighty percent (80%) of the wholesale cost of cigars, pipe tobacco

44-57

products and smokeless tobacco other than snuff.

44-58

     (2) Notwithstanding the eighty percent (80%) rate in subsection (a) above, in the case of

44-59

cigars, the tax shall not exceed fifty cents ($.50) for each cigar.

44-60

     (3) At the rate of one dollar ($1.00) per ounce of snuff, and a proportionate tax at the like

44-61

rate on all fractional parts of an ounce thereof. Such tax shall be computed based on the net

44-62

weight as listed by the manufacturer, provided, however, that any product listed by the

44-63

manufacturer as having a net weight of less than 1.2 ounces shall be taxed as if the product has a

44-64

net weight of 1.2 ounces.

44-65

     (b) Any dealer having in his or her possession any tobacco, cigars, and pipe tobacco

44-66

products with respect to the storage or use of which a tax is imposed by this section shall, within

44-67

five (5) days after coming into possession of the tobacco, cigars, and pipe tobacco in this state,

44-68

file a return with the tax administrator in a form prescribed by the tax administrator. The return

45-1

shall be accompanied by a payment of the amount of the tax shown on the form to be due.

45-2

Records required under this section shall be preserved on the premises described in the relevant

45-3

license in such a manner as to ensure permanency and accessibility for inspection at reasonable

45-4

hours by authorized personnel of the administrator.

45-5

     (c) The proceeds collected are paid into the general fund.

45-6

     44-20-39. Forgery and counterfeiting – Tampering with meters – Reuse of stamps or

45-7

containers. -- Any person who fraudulently makes or utters or forges or counterfeits any stamp,

45-8

disc, license, or marker, prescribed by the tax administrator under the provisions of this chapter,

45-9

or who causes or procures this to be done, or who willfully utters, publishes, passes or renders as

45-10

true, any false, altered, forged, or counterfeited stamp, license, disc, or marker, or who knowingly

45-11

possesses more than twenty (20) packs of cigarettes containing any false, altered, forged, or

45-12

counterfeited stamp, license, disc, or marker, or who tampers with or causes to be tampered with

45-13

any metering machine authorized to be used under the provisions of this chapter, or who removes

45-14

or prepares any stamp with intent to use, or cause that stamp to be used, after it has already been

45-15

used, or who buys, sells, offers for sale, or gives away any washed or removed or restored stamp

45-16

to any person, or who has in his or her possession any washed or restored or removed or altered

45-17

stamp which was removed from the article to which it was affixed, or who reuses or refills with

45-18

cigarettes any package, box, or container required to be stamped under this chapter from which

45-19

cigarettes have been removed, is deemed guilty of a felony, and, upon conviction, shall be fined

45-20

ten thousand dollars ($10,000), or be imprisoned for not more than ten (10) years, or both.

45-21

     44-20-45. Importation of cigarettes with intent to evade tax. -- Any person, firm,

45-22

corporation, club, or association of persons, not having a license as provided in this chapter, who

45-23

orders any cigarettes for another or pools orders for cigarettes from any persons or connives with

45-24

others for pooling orders, or receives in this state any shipment of unstamped cigarettes on which

45-25

the tax imposed by this chapter has not been paid, for the purpose and intention of violating the

45-26

provisions of this chapter or to avoid payment of the tax imposed in this chapter, is guilty of a

45-27

felony and shall be fined ten thousand dollars ($10,000) or five (5) times the retail value of the

45-28

cigarettes involved, whichever is greater, or imprisoned not more than five (5) years, or both.

45-29

     SECTION 7. Chapter 44-20 of the General Laws entitled “Cigarette Tax” is hereby

45-30

amended by adding thereto the following section:

45-31

     44-20-12.4. Floor stock tax on cigarettes and stamps. -- (a) Whenever used in this

45-32

section, unless the context requires otherwise:

45-33

     (1) "Cigarette" means and includes any cigarette as defined in section 44-20-1(2);

46-34

     (2) "Person" means and includes each individual, firm, fiduciary, partnership,

46-35

corporation, trust, or association, however formed.

46-36

     (b) Each person engaging in the business of selling cigarettes at retail in this state shall

46-37

pay a tax or excise to the state for the privilege of engaging in that business during any part of the

46-38

calendar year 2012. In calendar year 2012, the tax shall be measured by the number of cigarettes

46-39

held by the person in this state at 12:01 a.m. on July 1, 2012 and is computed at the rate of two

46-40

(2.0) mills for each cigarette on July 1, 2012.

46-41

     (c) Each distributor licensed to do business in this state pursuant to this chapter shall pay

46-42

a tax or excise to the state for the privilege of engaging in business during any part of the calendar

46-43

year 2012. The tax is measured by the number of stamps, whether affixed or to be affixed to

46-44

packages of cigarettes, as required by section 44-20-28. In calendar year 2012 the tax is measured

46-45

by the number of stamps, as defined in section 44-20-1(10), whether affixed or to be affixed, held

46-46

by the distributor at 12:01 a.m. on July 1, 2012, and is computed at the rate of two (2.0) mills per

46-47

cigarette in the package to which the stamps are affixed or to be affixed.

46-48

     (d) Each person subject to the payment of the tax imposed by this section shall, on or

46-49

before July 10, 2012, file a return with the tax administrator on forms furnished by him or her,

46-50

under oath or certified under the penalties of perjury, showing the amount of cigarettes or stamps

46-51

in that person's possession in this state at 12:01 a.m. on July 1, 2012, and the amount of tax due,

46-52

and shall at the time of filing the return pay the tax to the tax administrator. Failure to obtain

46-53

forms shall not be an excuse for the failure to make a return containing the information required

46-54

by the tax administrator.

46-55

     (e) The tax administrator may promulgate rules and regulations, not inconsistent with

46-56

law, with regard to the assessment and collection of the tax imposed by this section.

46-57

     SECTION 8. Section 44-20.2-1 of the General Laws in Chapter 44-20.2 entitled "Little

46-58

Cigar Tax" are hereby amended to read as follows:

46-59

     44-20.2-1. Definitions. -- Whenever used in this chapter, unless the context requires

46-60

otherwise:

46-61

     (1) "Administrator" means the tax administrator;

46-62

     (2) "Dealer" means any person whether located within or outside of this state, who sells

46-63

or distributes little cigars to a consumer in this state;

46-64

     (3) "Distributor" means any person:

46-65

     (i) Whether located within or outside of this state, other than a dealer, who sells or

46-66

distributes little cigars within or into this state. Such term shall not include any little cigar

46-67

manufacturer, export warehouse proprietor, or importer with a valid permit under 26 U.S.C. §

46-68

5712, if such person sells or distributes little cigars in this state only to licensed distributors, or to

47-1

an export warehouse proprietor or another manufacturer with a valid permit under 26 U.S.C. §

47-2

5712;

47-3

     (ii) Selling little cigars directly to consumers in this state by means of at least twenty-five

47-4

(25) little cigar vending machines.

47-5

     (4) "Importer" means any person who imports into the United States, either directly or

47-6

indirectly, a finished little cigar for sale or distribution;

47-7

     (5) "Licensed" when used with reference to a manufacturer, importer, distributor or

47-8

dealer, means only those persons who hold a valid and current license issued under § 44-20-2 for

47-9

the type of business being engaged in. When the term "licensed" is used before a list of entities,

47-10

such as "licensed manufacturer, importer, wholesale dealer, or retailer dealer," such term shall be

47-11

deemed to apply to each entity in such list;

47-12

     (6) "Little cigars" means and includes any roll, made wholly or in part of tobacco,

47-13

irrespective of size or shape and irrespective of whether the tobacco is flavored, adulterated or

47-14

mixed with any other ingredient, where such roll has a wrapper or cover made of tobacco

47-15

wrapped in leaf tobacco or any substance containing tobacco paper or any other material and

47-16

where such roll has an integrated filter, except where such wrapper is wholly or in greater part

47-17

made of tobacco and where such roll has an integrated filter and such roll weighs over three (3)

47-18

four (4) pounds per thousand (1,000);

47-19

     (7) "Manufacturer" means any person who manufactures, fabricates, assembles,

47-20

processes, or labels a finished little cigar;

47-21

     (8) "Person" means any individual, firm, fiduciary, partnership, corporation, trust, or

47-22

association, however formed;

47-23

     (9) "Place of business" means and includes any place where little cigars are sold or where

47-24

little cigars are stored or kept for the purpose of sale or consumption, including any vessel,

47-25

vehicle, airplane, train, or vending machine;

47-26

     (10) "Sale" or "Sell" includes and applies to gifts, exchanges, and barter;

47-27

     (11) "Snuff" means any finely cut, ground, or powdered tobacco that is not intended to be

47-28

smoked;

47-29

     (12) "Stamp" means the impression, device, stamp, label, or print manufactured, printed,

47-30

or made as prescribed by the administrator to be affixed to packages of little cigars, as evidence

47-31

of the payment of the tax provided by this chapter or to indicate that the little cigars are intended

47-32

for a sale or distribution in this state that is exempt from state tax under the provisions of state

47-33

law and also includes impressions made by metering machines authorized to be used under the

47-34

provisions of this chapter.

48-1

     SECTION 9. Section 44-44-2 of the General Laws in Chapter 44-44 entitled "Taxation of

48-2

Beverage Containers, Hard-to-Dispose Material and Litter Control Participation" is hereby

48-3

amended to read as follows:

48-4

     44-44-2. Definitions. -- As used in this chapter:

48-5

     (1) "Beverage" means carbonated soft drinks, soda water, mineral water, bottled water,

48-6

and all non alcoholic drinks for human consumption, except milk but including beer and other

48-7

malt beverages.

48-8

     (2) "Beverage container" means any sealable bottle, can, jar, or carton which contains a

48-9

beverage.

48-10

     (3) "Beverage retailer" means any person who engages in the sale of a beverage container

48-11

to a consumer within the state of Rhode Island, including any operator of a vending machine.

48-12

     (4) "Beverage wholesaler" means any person who engages in the sale of beverage

48-13

containers to beverage retailers in this state, including any brewer, manufacturer, or bottler who

48-14

engages in those sales.

48-15

     (5) "Case" means:

48-16

     (i) Forty-eight (48) beverage containers sold or offered for sale within this state when

48-17

each beverage container has a liquid capacity of seven (7) fluid ounces or less;

48-18

     (ii) Twenty-four (24) beverage containers sold or offered for sale within this state when

48-19

each beverage container has a liquid capacity in excess of seven (7) fluid ounces but less than or

48-20

equal to sixteen and nine tenths (16.9) fluid ounces;

48-21

     (iii) Twelve (12) beverage containers sold or offered for sale within this state when each

48-22

beverage container has a liquid capacity in excess of sixteen and nine tenths (16.9) fluid ounces

48-23

but less than thirty-three and nine tenths (33.9) fluid ounces; and

48-24

     (iv) Six (6) beverage containers sold or offered for sale within this state when each

48-25

beverage container has a liquid capacity of thirty-three and nine tenths (33.9) fluid ounces or

48-26

more.

48-27

     (6) A permit issued in accordance with § 44-44-3.1(1) is called a Class A permit.

48-28

     (7) A permit issued in accordance with § 44-44-3.1(2) is called a Class B permit.

48-29

     (8) A permit issued in accordance with § 44-44-3.1(3) is called a Class C permit.

48-30

     (9) A permit issued in accordance with § 44-44-3.1(4) is called a Class D permit.

48-31

     (10) A permit issued in accordance with § 44-44-3.1(5) is called a Class E permit.

48-32

     (11) "Consumer" means any person who purchases a beverage in a beverage container for

48-33

use or consumption with no intent to resell that filled beverage container.

49-34

     (12) "Gross receipts" means those receipts reported for each location to the tax

49-35

administrator included in the measure of tax imposed under chapter 18 of this title, as amended.

49-36

For those persons having multiple locations' receipts reported to the tax administrator the "gross

49-37

receipts" to be aggregated shall be determined by each individual sales tax permit number. The

49-38

term gross receipts shall be computed without deduction for retail sales of items in activities other

49-39

than those which this state is prohibited from taxing under the constitution of the United States.

49-40

     (13) "Hard-to-dispose material" is as defined in § 37-15.1-3.

49-41

     (14) "Hard-to-dispose material retailer" means any person who engages in the retail sale

49-42

of hard-to-dispose material (as defined in § 37-15.1-3) in this state.

49-43

     (15) "Hard-to-dispose material wholesaler" means any person, wherever located, who

49-44

engages in the sale of hard-to-dispose material (as defined in § 37-15.1-3) to customers for sale in

49-45

this state (including manufacturers, refiners, and distributors and retailers), and to other persons

49-46

as defined above.

49-47

     (16) "New vehicle" means any mode of transportation for which a certificate of title is

49-48

required pursuant to title 31 and for which a certificate of title has not been previously issued in

49-49

this state or any other state or country.

49-50

     (17) "Organic solvent" is as defined in § 37-15.1-3.

49-51

     (18) "Person" means any natural person, corporation, partnership, joint venture,

49-52

association, proprietorship, firm, or other business entity.

49-53

     (19) "Prior calendar year" means the period beginning with January 1 and ending with

49-54

December 31 immediately preceding the permit application due date.

49-55

     (20) "Qualifying activities" means selling or offering for retail sale food or beverages for

49-56

immediate consumption and/or packaged for sale on a take out or to go basis regardless of

49-57

whether or not the items are subsequently actually eaten on or off the vendor's premises.

49-58

     (21) "Vending machine" means a self-contained automatic device that dispenses for sale

49-59

foods, beverages, or confection products.

49-60

     SECTION 10. Sections 44-31.2-2, 44-31.2-5, and 44-31.2-6 of the General Laws in

49-61

Chapter 44-31.2 entitled “Motion Picture Production Tax Credit” are hereby amended to read as

49-62

follows:

49-63

     44-31.2-2. Definitions. -- For the purposes of this chapter:

49-64

     (1) "Accountant's certification" as provided in this chapter means a certified audit by a

49-65

Rhode Island certified public accountant licensed in accordance with section 5-3.1.

49-66

     (2) "Base investment" means the actual investment made and expended by a state-

49-67

certified production in the state as production-related costs.

50-68

     (3) “Documentary Production” means a non-fiction production intended for educational

50-69

or commercial distribution that may require out of state principal photography.

50-70

     (3)(4) "Domiciled in Rhode Island" means a corporation incorporated in Rhode Island or

50-71

a partnership, limited liability company, or other business entity formed under the laws of the

50-72

state of Rhode Island for the purpose of producing motion pictures as defined in this section, or

50-73

an individual who is a domiciled resident of the state of Rhode Island as defined in chapter 30 of

50-74

this title.

50-75

     (5) “Final Production Budget” means and includes the total pre-production, production

50-76

and post-production out-of-pocket costs incurred and paid in connection with the making of the

50-77

motion picture. The final production budget excludes costs associated with the promotion or

50-78

marketing of the motion picture

50-79

     (4)(6) "Motion picture" means a feature-length film, documentary production, video,

50-80

video games, television series, or commercial made in Rhode Island, in whole or in part, for

50-81

theatrical or television viewing or as a television pilot or for educational distribution. The term

50-82

"motion picture" shall not include the production of television coverage of news or athletic

50-83

events, nor shall it apply to any film, video, television series or commercial or a production for

50-84

which records are required under section 2257 of title 18, U.S.C., to be maintained with respect to

50-85

any performer in such production or reporting of books, films, etc. with respect to sexually

50-86

explicit conduct.

50-87

     (5)(7) "Motion picture production company" means a corporation, partnership, limited

50-88

liability company or other business entity engaged in the business of producing one or more

50-89

motion pictures as defined in this section. Motion picture production company shall not mean or

50-90

include: (a) any company owned, affiliated, or controlled, in whole or in part by any company or

50-91

person which is in default: (i) on taxes owed to the state in the application year; or (ii) on a loan

50-92

made by the state; or (iii) a loan guaranteed by the state in the application year; nor (iv) any

50-93

company or person who has even declared bankruptcy under which an obligation of the company

50-94

or person to pay or repay public funds or monies was discharged as a part of such bankruptcy.

50-95

     (6)(8) "Primary locations" means the locations within which (1) at least fifty-one percent

50-96

(51%) of the motion picture principal photography days are filmed. ; or (2) at least fifty-one

50-97

percent (51%) of the motion picture’s final production budget is spent and employs at least five

50-98

(5) individuals during the production in this state; or (3) for documentary productions, the

50-99

location of at least fifty-one percent (51%) of the total productions days, which shall include pre-

50-100

production and post-production locations.

50-101

     (7)(9) "Rhode Island film and television office" means an office within the Rhode Island

50-102

state council on the arts department of administration that has been established in order to

51-1

promote and encourage the locating of film and television productions within the state of Rhode

51-2

Island. The office is also referred to within as the "film office".

51-3

     (8)(10) "State-certified production" means a motion picture production approved by the

51-4

Rhode Island film office and produced by a motion picture production company domiciled in

51-5

Rhode Island, whether or not such company owns or controls the copyright and distribution rights

51-6

in the motion picture; provided, that such company has either: (a) signed a viable distribution

51-7

plan; or (b) is producing the motion picture for: (i) a major motion picture distributor; (ii) a major

51-8

theatrical exhibitor; (iii) television network; or (iv) cable television programmer.

51-9

     (9)(11) "State certified production cost" means any pre-production, production and post-

51-10

production cost that a motion picture production company incurs and pays to the extent it occurs

51-11

within the state of Rhode Island. Without limiting the generality of the foregoing, "state certified

51-12

production costs" include: set construction and operation; wardrobes, make-up, accessories, and

51-13

related services; costs associated with photography and sound synchronization, lighting, and

51-14

related services and materials; editing and related services, including, but not limited to, film

51-15

processing, transfers of film to tape or digital format, sound mixing, computer graphics services,

51-16

special effects services, and animation services, salary, wages, and other compensation, including

51-17

related benefits, of persons employed, either director or indirectly, in the production of a film

51-18

including writer, motion picture director, producer (provided the work is performed in the state of

51-19

Rhode Island); rental of facilities and equipment used in Rhode Island; leasing of vehicles; costs

51-20

of food and lodging; music, if performed, composed, or recorded by a Rhode Island musician, or

51-21

released or published by a person domiciled in Rhode Island; travel expenses incurred to bring

51-22

persons employed, either directly or indirectly, in the production of the motion picture, to Rhode

51-23

Island (but not expenses of such persons departing from Rhode Island); and legal (but not the

51-24

expense of a completion bond or insurance and accounting fees and expenses related to the

51-25

production's activities in Rhode Island); provided such services are provided by Rhode Island

51-26

licensed attorneys or accountants.

51-27

     (12) "Application year" means within the calendar year the motion picture production

51-28

company files an application for the tax credit.

51-29

     44-31.2-5. Motion picture production company tax credit. -- (a) A motion picture

51-30

production company shall be allowed a credit to be computed as provided in this chapter against a

51-31

tax imposed by chapters 11, 14, 17 and 30 of this title. The amount of the credit shall be twenty-

51-32

five percent (25%) of the state certified production costs incurred directly attributable to activity

51-33

within the state, provided that the primary locations are within being the state of Rhode Island

51-34

and the total production budget as defined herein is a minimum of three one hundred thousand

52-1

dollars ($300,000) ($100,000). The credit shall be earned in the taxable year in which production

52-2

in Rhode Island is completed, as determined by the film office in final certification pursuant to

52-3

subsection 44-31.2-6(c).

52-4

     (b) For the purposes of this section: "total production budget" means and includes the

52-5

motion picture production company's pre-production, production and post-production costs

52-6

incurred for the production activities of the motion picture production company in Rhode Island

52-7

in connection with the production of a state-certified production. The budget shall not include

52-8

costs associated with the promotion or marketing of the film, video or television product.

52-9

     (c) Notwithstanding subsection (a), the The credit shall not exceed the total production

52-10

budget five million dollars ($5,000,000) and shall be allowed against the tax for the taxable

52-11

period in which the credit is earned and can be carried forward for not more than three (3)

52-12

succeeding tax years. Pursuant to rules promulgated by the tax administrator, the administrator

52-13

may issue a waiver of the five million dollar ($5,000,000) tax credit cap for any feature-length

52-14

film or television series up to the remaining funds available pursuant to section (e).

52-15

     (d) Credits allowed to a motion picture production company, which is a subchapter S

52-16

corporation, partnership, or a limited liability company that is taxed as a partnership, shall be

52-17

passed through respectively to persons designated as partners, members or owners on a pro rata

52-18

basis or pursuant to an executed agreement among such persons designated as subchapter S

52-19

corporation shareholders, partners, or members documenting an alternate distribution method

52-20

without regard to their sharing of other tax or economic attributes of such entity.

52-21

     (e) No more than fifteen million dollars ($15,000,000) in total may be issued for any tax

52-22

year beginning after December 31, 2007 for motion picture tax credits pursuant to this chapter

52-23

and/or musical and theatrical production tax credits pursuant to chapter 31.3 of this title. Said

52-24

credits shall be equally available to motion picture productions and musical and theatrical

52-25

productions. No specific amount shall be set aside for either type of production.

52-26

     44-31.2-6. Certification and administration. -- (a) Initial certification of a production.

52-27

The applicant shall properly prepare, sign and submit to the film office an application for initial

52-28

certification of the Rhode Island production. The application shall include such information and

52-29

data as the film office deems necessary for the proper evaluation and administration of said

52-30

application, including, but not limited to, any information about the motion picture production

52-31

company, and a specific Rhode Island motion picture. The film office shall review the completed

52-32

application and determine whether it meets the requisite criteria and qualifications for the initial

52-33

certification for the production. If the initial certification is granted, the film office shall issue a

52-34

notice of initial certification of the motion picture production to the motion picture production

53-1

company and to the tax administrator. The notice shall state that, after appropriate review, the

53-2

initial application meets the appropriate criteria for conditional eligibility. The notice of initial

53-3

certification will provide a unique identification number for the production and is only a

53-4

statement of conditional eligibility for the production and, as such, does not grant or convey any

53-5

Rhode Island tax benefits.

53-6

     (b) Final certification of a production. Upon completion of the Rhode Island production

53-7

activities, the applicant shall request a certificate of good standing from the Rhode Island division

53-8

of taxation. The division shall expedite the process for reviewing the issuance of such certificates.

53-9

Such certificates shall verify to the film office the motion picture production company's

53-10

compliance with the requirements of subsection 44-31.2-2(5). The applicant shall properly

53-11

prepare, sign and submit to the film office an application for final certification of the production

53-12

and which must include the certificate of good standing from the division of taxation. In addition,

53-13

the application shall contain such information and data as the film office determines is necessary

53-14

for the proper evaluation and administration, including, but not limited to, any information about

53-15

the motion picture production company, its investors and information about the production

53-16

previously granted initial certification. The final application shall also contain a cost report and an

53-17

"accountant's certification". The film office and tax administrator may rely without independent

53-18

investigation, upon the accountant's certification, in the form of an opinion, confirming the

53-19

accuracy of the information included in the cost report. Upon review of a duly completed and

53-20

filed application, the film office will make a determination pertaining to the final certification of

53-21

the production and the resultant credits for § 44-31.2-5. Within ninety (90) days after the division

53-22

of taxation's receipt of the motion picture production company final certification and cost report,

53-23

the division of taxation shall issue a certification of the amount of credit for which the motion

53-24

picture production company qualifies under section 44-31.2-5. To claim the tax credit, the

53-25

division of taxation's certification as to the amount of the tax credit shall be attached to all state

53-26

tax returns on which the credit is claimed.

53-27

     (c) Final certification and credits. Upon determination that the motion picture production

53-28

company qualifies for final certification and the resultant credits, the film office shall issue a

53-29

letter to the production company indicating "certificate of completion of a state certified

53-30

production" and shall provide specifically designed certificates for the motion picture production

53-31

company credit under § 44-31.2-5. A motion picture production company is prohibited from

53-32

using state funds, state loans or state guaranteed loans to qualify for the motion picture tax credit.

53-33

All documents that are issued by the film office pursuant to this section shall reference the

53-34

identification number that was issued to the production as part of its initial certification.

54-1

     (d) The director of the Rhode Island film and television office department of

54-2

administration, in consultation as needed with the tax administrator, shall promulgate such rules

54-3

and regulations as are necessary to carry out the intent and purposes of this chapter in accordance

54-4

with the general guidelines provided herein for the certification of the production and the

54-5

resultant production credit.

54-6

     (e) The tax administrator of the division of taxation, in consultation with the director of

54-7

the Rhode Island film and television office, shall promulgate such rules and regulations as are

54-8

necessary to carry out the intent and purposes of this chapter in accordance with the general

54-9

guidelines for the tax credit provided herein.

54-10

     (f) Any motion picture production company applying for the credit shall be required to

54-11

reimburse the division of taxation for any audits required in relation to granting the credit.

54-12

     SECTION 11. Chapter 44-31.2 of the General Laws entitled “Motion Picture Production

54-13

Tax Credit” is hereby amended by adding thereto the following section:

54-14

     44-31.2-11. Sunset. -- No credits shall be issued on or after July 1, 2019 unless the

54-15

production has received initial certification under subsection 44-31.2-6(a) prior to July 1, 2019.

54-16

     SECTION 12. Title 44 of the General Laws entitled "TAXATION" is hereby amended by

54-17

adding thereto the following chapter:

54-18

     CHAPTER 31.3

54-19

MUSICAL AND THEATRICAL PRODUCTION TAX CREDITS

54-20

     44-31.3-1. Declaration of purpose. -- (a) The general assembly finds and declares that it

54-21

is Rhode Island’s priority to reduce the state's unemployment rate by stimulating new industries

54-22

that have large employment growth potential by providing tax incentives and other means

54-23

necessary and therefore recognizes that such incentives should be created for the arts and

54-24

entertainment industry. The purpose of this chapter is to create economic incentives for the

54-25

purpose of stimulating the local economy and reducing unemployment in Rhode Island.

54-26

     44-31.3-2. Musical and Theatrical Production Tax Credits. –

54-27

     (a) Definitions - As used in this chapter:

54-28

     (1) “Accredited theater production” means a for-profit live stage presentation in a

54-29

qualified production facility, as defined in this chapter that is either: (i) A Pre-Broadway

54-30

production, or (ii) A Post-Broadway production.

54-31

     (2) “Accredited theater production certificate” means a certificate issued by the film

54-32

office certifying that the production is an accredited theater production that meets the guidelines

54-33

of this chapter.

55-34

     (3) “Advertising and public relations expenditure” means costs incurred within the state

55-35

by the accredited theater productions for goods or services related to the national marketing,

55-36

public relations, creation and placement of print, electronic, television, billboards and other forms

55-37

of advertising to promote the accredited theater production.

55-38

     (4) "Payroll" means all salaries, wages, fees, and other compensation including related

55-39

benefits for services performed and costs incurred within Rhode Island.

55-40

     (5) “Pre-Broadway Production” means a live stage production that, in its original or

55-41

adaptive version, is performed in a qualified production facility having a presentation scheduled

55-42

for Broadway’s theater district in New York City within (12) months after its Rhode Island

55-43

presentation.

55-44

     (6) “Post-Broadway production” means a live stage production that, in its original or

55-45

adaptive version, is performed in a qualified production facility and opens its US tour in Rhode

55-46

Island after a presentation scheduled for Broadway’s theater district in New York City.

55-47

     (7) “Production and Performance Expenditures” means a contemporaneous exchange of

55-48

cash or cash equivalent for goods or services related to development, production, performance or

55-49

operating expenditures incurred in this state for a qualified theater production including, but not

55-50

limited to, expenditures for design, construction and operation, including sets, special and visual

55-51

effects, costumes, wardrobes, make-up, accessories, costs associated with sound, lighting,

55-52

staging, payroll, transportation expenditures, advertising and public relations expenditures,

55-53

facility expenses, rentals, per diems, accommodations and other related costs.

55-54

     (8) “Qualified Production Facility” means a facility located in the State of Rhode Island

55-55

in which live theatrical productions are, or are intended to be, exclusively presented that contains

55-56

at least one stage, a seating capacity of one thousand five hundred (1,500) or more seats, and

55-57

dressing rooms, storage areas, and other ancillary amenities necessary for the accredited theater

55-58

production.

55-59

     (9) “Resident” or “Rhode Island resident” means for the purpose of determination of

55-60

eligibility for the tax incentives provided by this chapter, an individual who is domiciled in the

55-61

State of Rhode Island or who is not domiciled in this state but maintains a permanent place of

55-62

abode in this state and is in this state for an aggregate of more than one hundred eighty-three

55-63

(183) days of the taxable year, unless the individual is in the armed forces of the United States.

55-64

     (10) “Rhode Island film and television office” means the office within the department of

55-65

administration that has been established in order to promote and encourage the locating of film

55-66

and television productions within the state of Rhode Island. The office is also referred to as the

55-67

“film office”.

56-68

     (11) (i) “Transportation expenditures” means expenditures for the packaging, crating, and

56-69

transportation both to the state for use in a qualified theater production of sets, costumes, or other

56-70

tangible property constructed or manufactured out of state, and/or from the state after use in a

56-71

qualified theater production of sets, costumes, or other tangible property constructed or

56-72

manufactured in this state and the transportation of the cast and crew to and from the state. Such

56-73

term shall include the packaging, crating, and transporting of property and equipment used for

56-74

special and visual effects, sound, lighting, and staging, costumes, wardrobes, make-up and related

56-75

accessories and materials, as well as any other performance or production-related property and

56-76

equipment.

56-77

     (ii) Transportation expenditures shall not include any costs to transport property and

56-78

equipment to be used only for filming and not in a qualified theater production, any indirect costs,

56-79

and expenditures that are later reimbursed by a third party, or any amounts that are paid to

56-80

persons or entities as a result of their participation in profits from the exploitation of the

56-81

production.

56-82

     (b) Tax Credit. (1) Any person, firm, partnership, trust, estate or other entity that receives

56-83

an accredited theater production certificate shall be allowed a tax credit equal to twenty-five

56-84

percent (25%) of the total production and performance expenditures and transportation

56-85

expenditures for the accredited theater production and to be computed as provided in this chapter

56-86

against a tax imposed by chapters 11, 12, 13, 14, 17 and 30 of this title. Said credit shall not

56-87

exceed five million dollars ($5,000,000) and shall be limited to certified production cost directly

56-88

attributable to activities in the state and transportation expenditures defined above. The total

56-89

production budget shall be a minimum of one hundred thousand dollars ($100,000).

56-90

     (2) No more than fifteen million dollars ($15,000,000) in total may be issued for any tax

56-91

year for motion picture tax credits pursuant to chapter 31.2 of this title and/or musical and

56-92

theatrical production tax credits pursuant to this chapter. Said credits shall be equally available to

56-93

motion picture productions and musical and theatrical productions. No specific amount shall be

56-94

set aside for either type of production.

56-95

     (3) The tax credit shall be allowed against the tax for the taxable period in which the

56-96

credit is earned and can be carried forward for not more than three (3) succeeding tax years.

56-97

     (4) Credits allowed to a company, which is a subchapter S corporation, partnership, or a

56-98

limited liability company that is taxed as a partnership, shall be passed through respectively to

56-99

persons designated as partners, members or owners on a pro rata basis or pursuant to an executed

56-100

agreement among such persons designated as subchapter S corporation shareholders, partners, or

56-101

members documenting an alternate distribution method without regard to their sharing of other

56-102

tax or economic attributes of such entity.

57-1

     (5) If the company has not claimed the tax credits in whole or part, taxpayers eligible for

57-2

the tax credits may assign, transfer or convey the tax credits, in whole or in part, by sale or

57-3

otherwise to any individual or entity and such assignee of the tax credits that have not claimed the

57-4

tax credits in whole or part may assign, transfer or convey the tax credits, in whole or in part, by

57-5

sale or otherwise to any individual or entity. The assignee of the tax credits may use acquired

57-6

credits to offset up to one hundred percent (100%) of the tax liabilities otherwise imposed

57-7

pursuant to chapter 11, 12, 13 (other than the tax imposed under section 44-13-13), 14, 17 or 30

57-8

of this title. The assignee may apply the tax credit against taxes imposed on the assignee for not

57-9

more than three (3) succeeding tax years. The assignor shall perfect the transfer by notifying the

57-10

state of Rhode Island division of taxation, in writing, within thirty (30) calendar days following

57-11

the effective date of the transfer and shall provide any information as may be required by the

57-12

division of taxation to administer and carry out the provisions of this section.

57-13

     (6) For purposes of this chapter, any assignment or sales proceeds received by the

57-14

assignor for its assignment or sale of the tax credits allowed pursuant to this section shall be

57-15

exempt from this title.

57-16

     (7) In the case of a corporation, this credit is only allowed against the tax of a corporation

57-17

included in a consolidated return that qualifies for the credit and not against the tax of other

57-18

corporations that may join in the filing of a consolidated tax return.

57-19

      (c) Certification and administration. - (1) The applicant shall properly prepare, sign and

57-20

submit to the film office an application for initial certification of the theater production. The

57-21

application shall include such information and data as the film office deems reasonably necessary

57-22

for the proper evaluation and administration of said application, including, but not limited to, any

57-23

information about the theater production company and a specific Rhode Island live theater or

57-24

musical production. The film office shall review the completed application and determine

57-25

whether it meets the requisite criteria and qualifications for the initial certification for the

57-26

production. If the initial certification is granted, the film office shall issue a notice of initial

57-27

certification of the accredited theater production to the theater production company and to the tax

57-28

administrator. The notice shall state that, after appropriate review, the initial application meets the

57-29

appropriate criteria for conditional eligibility. The notice of initial certification will provide a

57-30

unique identification number for the production and is only a statement of conditional eligibility

57-31

for the production and, as such, does not grant or convey any Rhode Island tax benefits. (2) Upon

57-32

completion of an accredited theater production, the applicant shall properly prepare, sign and

57-33

submit to the film office an application for final certification of the accredited theater production.

57-34

The final application shall also contain a cost report and an “accountant’s certification.” The film

58-1

office and tax administrator may rely without independent investigation, upon the accountant’s

58-2

certification, in the form of an opinion, confirming the accuracy of the information included in

58-3

the cost report. Upon review of a duly completed and filed application and upon no later than

58-4

thirty (30) days of submission thereof, the division of taxation will make a determination

58-5

pertaining to the final certification of the accredited theater production and the resultant tax

58-6

credits.

58-7

     (3) Upon determination that the company qualifies for final certification and the resultant

58-8

tax credits, the tax administrator of the division of taxation shall issue to the company: (i) An

58-9

Accredited Theater Production Certificate; and (ii) A tax credit certificate in an amount in

58-10

accordance with this section (b) hereof. A musical and theatrical production company is

58-11

prohibited from using state funds, state loans or state guaranteed loans to qualify for the motion

58-12

picture tax credit. All documents that are issued by the film office pursuant to this section shall

58-13

reference the identification number that was issued to the production as part of its initial

58-14

certification.

58-15

     (4) The director of the department of administration, in consultation as needed with the

58-16

tax administrator, shall promulgate such rules and regulations as are necessary to carry out the

58-17

intent and purposes of this chapter in accordance with the general guidelines provided herein for

58-18

the certification of the production and the resultant production credit.

58-19

     (5) If information comes to the attention of the film office that is materially inconsistent

58-20

with representations made in an application, the film office may deny the requested certification.

58-21

In the event that tax credits or a portion of tax credits are subject to recapture for ineligible costs

58-22

and such tax credits have been transferred, assigned and/or allocated, the state will pursue its

58-23

recapture remedies and rights against the applicant of the theater production tax credits. No

58-24

redress shall be sought against assignees, sellers, transferees or allocates of such credits.

58-25

     (d) Information requests. (i) The director of the film office and his or her agents, for the

58-26

purpose of ascertaining the correctness of any credit claimed under the provisions of this chapter,

58-27

may examine any books, paper, records, or memoranda bearing upon the matters required to be

58-28

included in the return, report, or other statement, and may require the attendance of the person

58-29

executing the return, report, or other statement, or of any officer or employee of any taxpayer, or

58-30

the attendance of any other person, and may examine the person under oath respecting any matter

58-31

which the director or his or her agent deems pertinent or material in administration and

58-32

application of this chapter and where not inconsistent with other legal provisions, the director

58-33

may request information from the tax administrator.

59-34

     (ii) The tax administrator and his or her agents, for the purpose of ascertaining the

59-35

correctness of any credit claimed under the provisions of this chapter, may examine any books,

59-36

paper, records, or memoranda bearing upon the matters required to be included in the return,

59-37

report, or other statement, and may require the attendance of the person executing the return,

59-38

report, or other statement, or of any officer or employee of any taxpayer, or the attendance of any

59-39

other person, and may examine the person under oath respecting any matter which the tax

59-40

administrator or his or her agent deems pertinent or material in determining the eligibility for

59-41

credits claimed and may request information from the film office, and the film office shall

59-42

provide the information in all cases to the tax administrator.

59-43

     (e) The film office shall comply with the impact analysis and periodic reporting

59-44

provisions of 44-31.2-6.1.

59-45

     44-31.3-3. Hearings and appeals. -- (a) From an action of the film office. - For matters

59-46

pertaining exclusively to application, production, and certification of musical and theatrical

59-47

productions, any person aggrieved by a denial action of the film office under this chapter shall

59-48

notify the director of the film office in writing, within thirty (30) days from the date of mailing of

59-49

the notice of denial action by the film office and request a hearing relative to the denial or action.

59-50

The director of the film office shall, as soon as is practicable, fix a time and place of hearing, and

59-51

shall render a final decision. Appeals from a final decision of the director of the film office under

59-52

this chapter are to the sixth (6th) division district court pursuant to chapter 35 of title 42 of the

59-53

general laws.

59-54

     (b) From denial of tax credit. - Any person aggrieved by the tax administrator's denial of

59-55

a tax credit or tax benefit in this section shall notify the tax administrator in writing within thirty

59-56

(30) days from the date of mailing of the notice of denial of the tax credit and request a hearing

59-57

relative to the denial of the tax credit. The tax administrator shall, as soon as is practicable, fix a

59-58

time and place for a hearing, and shall render a final decision. Appeals from a final decision of

59-59

the tax administrator under this chapter are to the sixth (6th) division district court pursuant to

59-60

chapter 8 of title 8 of the general laws. The taxpayer's right to appeal is expressly made

59-61

conditional upon prepayment of all taxes, interest, and penalties, unless the taxpayer files a timely

59-62

motion for exemption from prepayment with the district court in accordance with the

59-63

requirements imposed pursuant to section 8-8-26 of the general laws.

59-64

     44-31.3-4. Sunset. -- No credits shall be issued on or after July 1, 2019 unless the

59-65

production has received initial certification under subsection 44-31.3-2(c) prior to July 1, 2019.

59-66

     SECTION 13. Section 42-75-12 of the General Laws in Chapter 42-75 entitled "Council

59-67

on the Arts" is hereby amended to read as follows:

60-68

     42-75-12. Rhode Island film and television office. -- Within the commission

60-69

department of administration there is established a separate, distinct office entitled the "Rhode

60-70

Island film and television office." This office is established in order to promote and encourage

60-71

film and television productions within the state of Rhode Island. This office is also responsible

60-72

for the review of applications of motion picture productions pursuant to the requirements of

60-73

chapter 31.2 of title 44.

60-74

     SECTION 14. Section 31-22-11 of the General Laws in Chapter 31-22 entitled

60-75

"Miscellaneous Rules" is hereby amended to read as follows:

60-76

     31-22-11. Inspection of school buses. -- (a) The division of motor vehicles shall inspect

60-77

or cause to be inspected all school buses used for the transportation of school children as defined

60-78

in section 31-1-3(v) at least twice throughout the year. Both of the inspections are to be done at a

60-79

state certified facility on a semiannual scheduled basis. These inspections will be known as tear

60-80

down inspections that will include pulling wheels at least once each year if the school bus is

60-81

equipped with drum brakes and any other work deemed necessary by the state employed or state

60-82

certified inspectors. Reports of the inspections shall be made in writing and shall be filed with the

60-83

inspection division of the department of revenue, and the reports shall be available at no cost for

60-84

public inspection during usual business hours of the division. In the event that a school bus does

60-85

no pass an inspection and a re-inspection is required, the division of motor vehicles shall impose

60-86

a fee of one hundred dollars ($100) for each re-inspection.

60-87

      (b) Upon receipt of the report, the inspection division shall immediately forward a copy

60-88

to the registered owner and to the superintendent and school committee of the school district for

60-89

which the school bus transports children.

60-90

     SECTION 15. Section 3-10-5 of the General Laws in Chapter 3-10 entitled "Taxation of

60-91

Beverages" is hereby amended to read as follows:

60-92

     3-10-5. Information supplemental to returns -- Audit of books. -- The tax

60-93

administrator may at any time request further information from any person or from the officers

60-94

and employees of any corporation which he or she may deem necessary to verify, explain or

60-95

correct any return made in pursuance of the provisions of this chapter, and for the like purpose the

60-96

administrator or his or her authorized agent may examine the books of account of that person or

60-97

corporation during business hours.

60-98

     (b) Each licensee authorized to sell intoxicating beverages at wholesale or retail in this

60-99

state shall file an annual report on or before February 1 with the division of taxation in the form

60-100

required by the tax administrator. Such report shall included, but not limited to, total sales of

60-101

alcoholic beverages, sales tax and excise tax collections on such sales for immediately preceding

60-102

calendar year. Annually, on or before May 1, the tax administrator shall prepare and submit to the

61-1

chairs of house and senate finance committees a report reflecting data from the annuals reports

61-2

submitted by said licensee to the division of taxation. The tax administrators report shall compile

61-3

total sales of alcoholic beverages, sales tax and excise tax collections by county.

61-4

     SECTION 16. Section 4 of this article shall take effect on October 1, 2012.

61-5

     The remaining sections of this article shall take effect on July 1, 2012.

=======

art.022/5/022/4/022/3/022/2/028/2/028/1

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1-1

ARTICLE 22

1-2

RELATING TO CENTRAL FALLS

1-3

     SECTION 1. Central Falls Settlement Agreement.

1-4

     (a) Definitions. As used in this public law, the following words and terms shall have the

1-5

following meaning, unless the context shall indicate otherwise:

1-6

     (1) “Administrative and Financial Officer” is an administration and finance officer

1-7

appointed by the Director of Revenue under Rhode Island general laws section 45-9-10.

1-8

     (2) “Appropriation Payment” means for purposes of this article the State appropriation

1-9

set forth in subsection (c)(1) of this section to fund transition payments to Participating Retirees

1-10

(“Transition Payments”).

1-11

     (3) “Bankruptcy Court” means the United States Bankruptcy Court for the District of

1-12

Rhode Island.

1-13

     (4) “Central Falls Pension Plan” means the so-called “1% Plan” and the so- called “John

1-14

Hancock Pension Plan” as restructured after the filing of the Chapter 9 petition for the City.

1-15

     (5) “City” means the City of Central Falls, Rhode Island.

1-16

     (6) “Contract Date” means December 19, 2012.

1-17

     (7) “Director” shall mean the Rhode Island Director of Revenue.

1-18

     (8) “MERS” means the Rhode Island Municipal Employee Retirement System.

1-19

     (9) “Participating Retirees” means the retirees that signed the Settlement Agreement.

1-20

     (10) “Participating Retirees’ Restricted 5-year Account” means the federally-insured

1-21

interest-bearing account into which the City shall deposit the Appropriation Payment pursuant to

1-22

Section 4 of the Settlement Agreement.

1-23

     (11) “Plan of Debt Adjustment” means the amended plan of debt adjustment to be filed

1-24

with the Court by the City.

1-25

     (12) “State” means the State of Rhode Island.

1-26

     (13) “Settlement Agreement” means the Settlement and Release Agreement by and

1-27

between Receiver, the Director, the Participating Retirees, the Central Falls Police Retirees

1-28

Association, Inc. and the Central Falls Firefighters Retirees Association entered into on the

1-29

Contract Date.

1-30

     (14) “Receiver” means Robert J. Flanders, Jr. in his capacity as state-appointed receiver

1-31

for the City, and any successor receiver appointed by the Director under Rhode Island general

2-1

laws section 45-9-7.

2-2

     (15) “Transition Payments” means the annual payments made to Participation Retirees

2-3

from the Appropriation Payment pursuant to the terms of the Settlement Agreement.

2-4

     (b) Legislative Findings and Purpose.

2-5

     (1) On August 2, 2011, the Receiver filed a Chapter 9 petition on behalf of the City with

2-6

the Bankruptcy Court. Prior to January 9, 2012, the Settlement Agreement was executed by the

2-7

Receiver, the Director, the Participating Retirees, the Central Falls Police Retirees Association,

2-8

Inc. and the Central Falls Firefighters Retirees Association. On January 9, 2012, the Bankruptcy

2-9

Court entered an Order approving the Settlement Agreement.

2-10

     (2) For purposes of this Article, the key terms of the Settlement Agreement include,

2-11

without limitation:

2-12

     (i) That the Participating Retirees’ pension benefits have been reduced by up to fifty-five

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(55%) of their pre-bankruptcy pension payments; provided however if the General Assembly

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authorizes an appropriation in the amount of $2,636,932, then during Fiscal Years 2012-2016,

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participating Retirees shall also receive Transition Payments, so that their combined reduced

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pension payments and Transition Payments shall not aggregate to less than seventy-five percent

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(75%) of their pre-bankruptcy pension payments;

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     (ii) That the Participating Retirees, the Central Falls Police Retirees Association, Inc. and

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the Central Falls Firefighters Retirees Association have waived substantially all of their claims

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against the City and the State; and

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     (iii) That in the event that the General Assembly fails to appropriate a minimum of

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$2,000,000 for Transition Payments, the Participating Retirees may “opt out” of the Settlement

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Agreement and have it declared to be null and void.

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     (3) For the following and other reasons, this Article shall not be deemed a precedent that

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would require the General Assembly to make similar appropriations to any other Rhode Island

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distressed city or town:

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     (i) The City alone must pay 100% of the legal fees incurred in the litigation that

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established the constitutionality of the Fiscal Stability Act (Rhode Island general laws section 45-

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9-1 et seq.) and several important bankruptcy precedents, these precedents which have conferred

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a significant benefit on all Rhode Island cities and towns;

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     (ii) Participating Retirees have agreed to reductions in their annual pension benefits of up

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to 55%; and

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     (iii) The Settlement Agreement was approved by the Bankruptcy Court in order to make a

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Chapter 9 plan of debt adjustment feasible.

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     (4) The requested Appropriation Payment which will ease the Participating Retirees’

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transition to a pension benefit that has been reduced by up to fifty-five percent (55%) is fair and

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appropriate.

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     (5) The Settlement Agreement is hereby incorporated into this Article by reference.

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     (c) Appropriation Payment.

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     (1) Appropriation Payment and Restrictions on Use. There is hereby provided to the City

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of Central Falls a one-time lump-sum Appropriation Payment in the amount of $2,636,932 to be

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used solely for the purposes and subject to the restrictions set forth in the Settlement Agreement

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to fund Transition Payment to Participating Retirees.

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     (2) Deposit of Appropriation Payment and Payments to Participating Retirees. The

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Appropriation Payment shall be immediately deposited by the City into a restricted federally

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backed or federally insured interest-bearing account under the name of the City and denominated

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the “Participating Retirees’ Restricted 5-Year Account.” Within thirty (30) days after receipt of

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the Appropriation Payment from the State, for fiscal year ending 2012, the City (jointly with

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either the Receiver or an Administrative and Finance Officer for the City appointed by the

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Director) shall withdraw from the Participating Retirees’ Restricted 5-Year Account exactly the

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amount required to promptly pay and distribute to Participating Retirees the Transition Payments.

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Thereafter, during the months of July in fiscal years ending 2013, 2014, 2015, and 2016, the City

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(jointly with either the Receiver or an Administrative and Finance Officer for the City appointed

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by the Director) shall withdraw from the Participating Retirees’ Restricted 5-Year Account

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exactly the amount required to promptly pay and distribute to Participating Retirees the

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Appropriation Transition Payments.

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     Any and all withdrawals, transfers and payments from the Participating Retirees’

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Restricted 5-Year Account shall require the signature of two (2) persons, one of whom shall be

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either the Receiver or an Administrative and Finance Officer of the City after the Receiver’s

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duties are completed. Participating Retirees’ Restricted 5-Year Account shall remain under the

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control of the City jointly with either the Receiver or an Administrative and Finance Officer and

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that it shall be segregated from and shall not be controlled or managed by any third party

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managing the single Central Falls Pension Plan, whether administered by the City or if

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transitioned into MERS. Further, the Transition Payments shall be paid to Participating Retirees

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jointly by the City and the Receiver or an Administrative and Finance Officer and not by any

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third-party pension fund manager. Such Transition Payments shall cease after the distribution at

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the end of fiscal year ending 2016.

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     (3) Relationship to Base Pension Payments. The Transition Payments shall not be

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included in the calculation of the base pension benefits of Participating Retirees for purposes of

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determining a Participating Retiree’s COLA. However, a spouse or statutory beneficiary under

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Rhode Island general laws section 45-21.3-1 shall be entitled to sixty-seven and one-half percent

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(67.5%) of a deceased Participating Retiree’s Transition Payment.

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     (4) Distribution of Balance. Within thirty (30) days of the end of fiscal year ending 2016,

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the City shall withdraw the balance of the funds in the Participating Retirees’ Restricted 5-Year

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Account (i.e. the accumulated interest and any remaining sums) and shall pay and distribute those

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funds to each Participating Retiree based on the percentage assigned to each Participating Retiree

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in accordance with the requirements set forth in APPENDIX B of the Settlement Agreement.

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After all of the funds in the Participating Retirees’ Restricted 5-Year Account have been

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appropriately distributed, the City shall promptly close the Participating Retirees’ Restricted 5-

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Year Account.

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     (5) Access to Account Information and Records. The City, as overseen by the Receiver or

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an Administrative and Finance Officer, as the case may be, shall maintain appropriate account

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information and records relating to all receipts into, maintenance of, and distributions from the

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Participating Retirees’ Restricted 5-Year Account, and shall allow at all reasonable times for the

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full inspection of and copying and sharing of information about such account and any and all

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Transition Payments by and with any Participating Retiree.

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     (6) Unclaimed Payments. Any money distributed to a Participating Retiree from the

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Participating Retirees’ Restricted 5-Year Account and not claimed by a Participating Retiree after

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the City has exercised good faith attempts over a six (6) month period to deliver it to the best last

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known address of such Participating Retiree shall not escheat under state law, but shall be

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deposited in the “Participating Retirees Wyatt Payments Account” which shall thereafter be

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distributed in accordance with Section 5.3 of the Settlement Agreement.

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     (7) Liability and Penalties for Improper Use of Appropriation Payment. Any person,

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whether in his/her individual or official capacity, who uses, appropriates or takes or instructs or

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causes another to use, appropriate or take, the Appropriation Payment, or any portion thereof, that

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is not specifically used for making Transition Payments to Participating Retirees as required

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hereunder and under the terms, provisions and/or restrictions of the Settlement Agreement, shall

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be personally liable for repayment of said funds and further shall be subject to any and all other

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applicable civil and criminal sanctions and/or penalties for such act(s).

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     (8) Return of Appropriations. Notwithstanding anything set forth herein to the contrary,

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in the event that the Settlement Agreement becomes legally void and/or of no further legal force

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and effect, whether because the retirees have "opted out" of the Settlement Agreement, or because

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a party duly declares the Settlement Agreement to be null and void pursuant to the terms of the

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Settlement Agreement, or because a court determines the Settlement Agreement to be void, then

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all remaining amounts of the Appropriation Payment held by the City shall be returned to the

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State of Rhode Island.

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     SECTION 2. Section 28-9.1-6 of the General Laws in Chapter 28-9.1 entitled

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“Firefighters’ Arbitration” is hereby amended to read as follows:

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     28-9.1-6. Obligation to bargain. -- It shall be the obligation of the city or town, acting

5-8

through its corporate authorities, to meet and confer in good faith with the representative or

5-9

representatives of the bargaining agent within ten (10) days after receipt of written notice from

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the bargaining agent of the request for a meeting for collective bargaining purposes. This

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obligation shall include the duty to cause any agreement resulting from the negotiations to be

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reduced to a written contract, provided that no contract shall exceed the term of one year, unless a

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longer period is agreed upon in writing by the corporate authorities and the bargaining agents, but

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in no event shall the contract exceed the term of three (3) years unless a budget commission or a

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receiver has been appointed for a municipality pursuant to Chapter 45-9, in which case the

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contract shall not exceed the term of five (5) years. An unfair labor practice charge may be

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complained of by either the employer's representative or the bargaining agent to the state labor

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relations board which shall deal with the complaint in the manner provided in chapter 7 of this

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title.

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     SECTION 3. Section 28-9.2-6 of the General Laws in Chapter 28-9.2 entitled “Municipal

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Police Arbitration” is hereby amended to read as follows:

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     28-9.2-6. Obligation to bargain. -- It shall be the obligation of the city or town, acting

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through its corporate authorities, to meet and confer in good faith with the designated

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representative or representatives of the bargaining agent, including any legal counsel selected by

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the bargaining agent, within ten (10) days after receipt of written notice from the bargaining agent

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of the request for a meeting for collective bargaining purposes. This obligation includes the duty

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to cause any agreement resulting from the negotiations to be reduced to a written contract,

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provided that no contract shall exceed the term of one year, unless a longer period is agreed upon

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in writing by the corporate authorities and the bargaining agent, but in no event shall the contract

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exceed the term of three (3) years unless a budget commission or a receiver has been appointed

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for a municipality pursuant to chapter 45-9, in which case the contract shall not exceed the term

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of five (5) years. An unfair labor charge may be complained of by either the employer's

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representative or the bargaining agent to the state labor relations board which shall deal with the

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complaint in the manner provided in chapter 7 of this title.

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     SECTION 4. Section 28-9.3-4 of the General Laws in Chapter 28-9.3 entitled “Certified

6-2

School Teachers’ Arbitration” is hereby amended to read as follows:

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     28-9.3-4. Obligation to bargain. -- It shall be the obligation of the school committee to

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meet and confer in good faith with the representative or representatives of the negotiating or

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bargaining agent within ten (10) days after receipt of written notice from the agent of the request

6-6

for a meeting for negotiating or collective bargaining purposes. This obligation includes the duty

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to cause any agreement resulting from negotiations or bargaining to be reduced to a written

6-8

contract; provided, that no contract shall exceed the term of three (3) years unless a budget

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commission or a receiver has been appointed for a municipality pursuant to chapter 45-9, in

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which case the contract shall not exceed the term of five (5) years. An unfair labor practice

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charge may be complained of by either the bargaining agent or the school committee to the state

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labor relations board which shall deal with the complaint in the manner provided in chapter 7 of

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this title.

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     SECTION 5. Section 28-9.4-5 of the General Laws in Chapter 28-9.4 entitled “Municipal

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Employees’ Arbitration” is hereby amended to read as follows:

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     28-9.4-5. Obligation to bargain. -- It shall be the obligation of the municipal employer

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to meet and confer in good faith with the representative or representatives of the negotiating or

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bargaining agent within ten (10) days after receipt of written notice from the agent of the request

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for a meeting for negotiating or collective bargaining purposes. This obligation includes the duty

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to cause any agreement resulting from negotiation or bargaining to be reduced to a written

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contract; provided, that no contract shall exceed the term of three (3) years unless a budget

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commission or a receiver has been appointed for a municipality pursuant to chapter 45-9, in

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which case the contract shall not exceed the term of five (5) years. Failure to negotiate or bargain

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in good faith may be complained of by either the negotiating or bargaining agent or the municipal

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employer to the state labor relations board, which shall deal with the complaint in the manner

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provided in chapter 7 of this title. An unfair labor practice charge may be complained of by either

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the bargaining agent or employer's representative to the state labor relations board, which shall

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deal with the complaint in the manner provided in chapter 7 of this title.

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     SECTION 6. Under Rhode Island general laws section 45-9-1 et seq. a municipality

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subject to the jurisdiction of a fiscal overseer, budget commission or receiver is responsible for

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payment of expenses and costs incurred carrying out the responsibilities of the fiscal overseer,

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budget commission and/or receiver. During fiscal 2011, the State incurred and paid on behalf of

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the City of Central Falls expenses totaling $ 1,073,131. On or about September 15, 2011, the

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State billed the City of Central Falls for said $1,073,131 expenses, for which the City of Central

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Falls is responsible under section 45-9-1 et seq., and which continue to be incurred and paid for

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by the State on behalf of the city. The State intends to bill the City of Central Falls for those

7-3

expenses. Recognizing that the City of Central Falls does not currently have the financial ability

7-4

to reimburse the State in full for said expenses and may need additional time to reimburse the

7-5

State for expenses reflected in future bills submitted by the State for such expenses, the City of

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Central Falls shall have up to June 30, 2021 to reimburse the State for all such expenses paid by

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the State and billed to the city.

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     SECTION 7. Pathway to Retirement System Transition. – The Office of the General

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Treasurer, in consultation with the Department of Revenue, shall develop a framework for the

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City of Central Falls to transition its employees and retirees into the Municipal Employees'

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Retirement System. The Office of the General Treasurer shall report its findings and identified

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transition mechanisms to the General Assembly by January 1, 2013.

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     SECTION 8. This article shall take effect upon passage.

     

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art.023/2/034/1

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1-1

ARTICLE 23

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RELATING TO EFFECTIVE DATE

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     SECTION 1. This act shall take effect on July 1, 2012, except as otherwise provided

1-4

herein.

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     SECTION 2. This article shall take effect upon passage.