2012 -- H 7323 SUBSTITUTE A | |
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LC01059/SUB A | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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____________ | |
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A N A C T | |
RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR | |
THE FISCAL YEAR ENDING JUNE 30, 2013 | |
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     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 |
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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. |
======= | |
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. |
======= | |
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. |
======= | |
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 |
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 |
1-23 |
|
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 |
      |
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 |
      |
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 |
      |
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 |
      |
2-18 |
authority engage in any other private employment, profession, or business, including, but not |
2-19 |
limited to, consulting. |
2-20 |
      |
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 |
      |
3-4 |
authorized by vote at any regular or special meeting, and each vote shall take effect immediately. |
3-5 |
      |
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 |
      |
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 |
      |
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 |
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 |
11-47 |
|
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, |
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 |
      |
17-33 |
|
17-34 |
|
18-1 |
      |
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 |
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 |
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 |
|
19-8 |
      (d) The office shall prepare, in consultation with |
19-9 |
board, a report by |
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 |
23-5 |
|
23-6 |
|
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 |
      |
23-14 |
|
23-15 |
|
23-16 |
|
23-17 |
|
23-18 |
      |
23-19 |
|
23-20 |
|
23-21 |
|
23-22 |
      |
23-23 |
      |
23-24 |
      |
23-25 |
      |
23-26 |
|
23-27 |
|
23-28 |
      |
23-29 |
|
23-30 |
|
23-31 |
|
23-32 |
      |
23-33 |
|
23-34 |
|
24-1 |
|
24-2 |
|
24-3 |
      |
24-4 |
|
24-5 |
|
24-6 |
|
24-7 |
|
24-8 |
      (1) The |
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 |
|
24-18 |
|
24-19 |
|
24-20 |
      |
24-21 |
|
24-22 |
|
24-23 |
|
24-24 |
|
24-25 |
|
24-26 |
      |
24-27 |
|
24-28 |
|
24-29 |
|
24-30 |
|
24-31 |
|
24-32 |
|
24-33 |
      |
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 |
      |
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 |
      |
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 |
      |
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 |
      |
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 |
      |
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 |
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 |
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 |
      |
27-47 |
energy certificates and/or the development of new renewable energy sources for Rhode Island; |
27-48 |
      |
27-49 |
the fund; |
27-50 |
      |
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 |
      |
28-72 |
|
28-73 |
|
28-74 |
      |
28-75 |
|
28-76 |
      |
28-77 |
|
28-78 |
      |
28-79 |
|
28-80 |
      |
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 |
      |
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 |
      |
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 |
      |
31-35 |
|
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 |
      |
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 |
      |
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 |
      |
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 |
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 |
      |
36-2 |
|
36-3 |
      |
36-4 |
|
36-5 |
|
36-6 |
|
36-7 |
|
36-8 |
|
36-9 |
     SECTION 22. This article shall take effect upon passage. |
======= | |
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. |
======= | |
art.006/1 | |
======= | |
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 |
1-12 |
|
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. |
======= | |
art.007/6/007/5/007/4/007/3/007/2/007/1 | |
======= | |
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. |
      |
======= | |
art.008/1 | |
======= | |
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 |
1-23 |
|
1-24 |
     SECTION 2. This article shall take effect upon passage. |
======= | |
art.009/3/009/2/009/1 | |
======= | |
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 |
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 |
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 |
1-23 |
|
1-24 |
|
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 |
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 |
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 |
3-23 |
|
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 |
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 |
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 |
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 |
4-66 |
|
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 |
5-13 |
|
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 |
5-19 |
|
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 |
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 |
6-30 |
for biennial renewal, as promulgated by the director, shall be |
6-31 |
|
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 |
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 |
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, |
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 |
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 |
8-26 |
|
8-27 |
|
8-28 |
case be returned. Applicants requiring reexamination for dentistry |
8-29 |
|
8-30 |
and for dental hygiene shall submit |
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 |
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 |
10-6 |
|
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 |
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 |
11-18 |
|
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 |
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 |
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 |
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 |
|
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 |
12-30 |
|
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 |
13-18 |
|
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 |
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 |
14-22 |
license, |
14-23 |
license and |
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 |
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 |
15-8 |
|
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 |
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 |
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 |
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 |
16-19 |
|
16-20 |
|
16-21 |
|
16-22 |
application for prescriptive privileges shall |
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, |
16-26 |
psychiatric and mental health clinical nurse specialist, |
16-27 |
|
16-28 |
|
16-29 |
for prescriptive privileges shall be |
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, |
17-1 |
|
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 |
17-5 |
|
17-6 |
|
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 |
17-17 |
|
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 |
|
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 |
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 |
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 |
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 |
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 |
18-34 |
|
19-1 |
|
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 |
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 |
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 |
22-15 |
and the initial application fee for annual renewal shall be |
22-16 |
set forth in § 23-1-54. |
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 |
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 |
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 |
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 |
23-47 |
|
23-48 |
months after initial licensure |
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 |
23-56 |
|
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 |
23-60 |
|
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 |
24-4 |
|
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 |
24-14 |
|
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 |
24-31 |
|
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 |
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 |
25-22 |
|
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 |
25-27 |
biennial renewal fee |
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 |
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 |
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 |
26-39 |
|
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 |
26-62 |
|
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 |
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 |
27-14 |
|
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 |
|
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 |
30-25 |
license renewal fee |
30-26 |
a provisional license renewal fee |
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 |
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 |
31-8 |
|
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 |
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 |
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, |
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 |
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 |
32-16 |
|
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, |
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 |
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 |
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 |
33-50 |
|
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 |
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 |
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 |
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. -- |
34-15 |
      |
34-16 |
|
34-17 |
      |
34-18 |
|
34-19 |
lapse shall pay a |
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 |
34-25 |
|
34-26 |
|
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 |
35-8 |
|
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 |
35-15 |
|
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 |
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 |
35-34 |
for renewal of a certificate, which has expired, requires the payment of a re-registration fee |
36-1 |
|
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 |
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 |
|
36-15 |
October first of even numbered years upon payment of a fee |
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. |
36-20 |
provisions of this chapter shall be deposited |
36-21 |
|
36-22 |
|
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 |
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 |
38-77 |
forth in § 23-1-54: |
38-78 |
     (1) In-state milk processors |
38-79 |
     (2) Out-of-state milk processors |
38-80 |
     (3) Milk distributors |
38-81 |
      |
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 |
38-85 |
|
38-86 |
     (1) Instate wholesale frozen dessert processors |
38-87 |
     (2) Out of state wholesale frozen dessert processors |
38-88 |
and |
38-89 |
     (3) Retail frozen dessert processors |
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 |
38-97 |
in § 23-1-54; provided, that the license fee shall be |
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 |
39-17 |
|
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 |
40-2 |
54. The fee for a permit to manufacture or bottle apple cider shall also be |
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 |
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 |
43-5 |
     (1) In state and out of state |
43-6 |
(Wholesale) |
43-7 |
     (2) Food processors (Retail) |
43-8 |
     (3) Food service establishments: |
43-9 |
     (i) 50 seats or less |
43-10 |
     (ii) More than 50 seats |
43-11 |
     (iii) Mobile food service units |
43-12 |
     (iv) Industrial caterer or food vending machine commissary |
43-13 |
     (v) Cultural heritage educational facility |
43-14 |
     (4) Vending machine sites or location: |
43-15 |
     (i) Three (3) or less machines |
43-16 |
     (ii) Four (4) to ten (10) machines |
43-17 |
     (iii) Eleven (11) or more machines |
43-18 |
     (5) Retail markets: |
43-19 |
     (i) 1 to 2 cash registers |
43-20 |
     (ii) 3 to 5 cash registers |
43-21 |
     (iii) 6 or more cash registers |
43-22 |
     (6) Retail food peddler (meat, seafood, dairy, and frozen dessert products) |
43-23 |
     (7) Food warehouses |
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 |
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 |
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 |
44-31 |
|
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 |
45-2 |
     (3) For providing expedited service, the additional handling fee is |
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 |
45-6 |
     (5) For making authorized corrections, alterations, and additions, the fee is |
45-7 |
|
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 |
45-12 |
additional fee |
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 |
45-33 |
cremation certificates, and statistics |
45-34 |
|
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 |
46-14 |
|
46-15 |
|
46-16 |
|
46-17 |
as set forth in § 23-1-54. |
46-18 |
     (2) The director may charge an examination fee |
46-19 |
for examinations for an emergency medical technician license and |
46-20 |
|
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 |
47-8 |
23-1-54 for each specialty for which the laboratory is approved. The fee for a station license shall |
47-9 |
be |
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 |
47-15 |
|
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 |
47-25 |
|
47-26 |
|
47-27 |
|
47-28 |
|
47-29 |
providers and home care providers shall be |
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 |
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 |
48-12 |
|
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 |
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 |
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 |
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 |
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 |
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 |
50-22 |
|
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 |
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 |
51-13 |
|
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 |
51-31 |
|
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, |
52-15 |
for the first pool at one location and |
52-16 |
additional pool at the same location |
52-17 |
seasonal license |
52-18 |
|
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 |
52-25 |
|
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 |
53-17 |
|
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 |
53-26 |
in § 23-1-54. |
53-27 |
     (c) A biennial license renewal fee shall be established in an amount |
53-28 |
|
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 |
      |
======= | |
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 |
30-5 |
     Business Regulation 96.0 |
30-6 |
     Labor and Training |
30-7 |
     Revenue |
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 |
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 |
30-18 |
     Children, Youth, and Families 662.5 |
30-19 |
     Health |
30-20 |
     Human Services |
30-21 |
     Behavioral Health, Developmental Disabilities, and Hospitals |
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 |
30-27 |
     School for the Deaf 60.0 |
30-28 |
     Davies Career and Technical School |
30-29 |
     Office of Higher Education |
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 |
31-13 |
     Corrections 1,419.0 |
31-14 |
     Judicial 723.3 |
31-15 |
     Military Staff |
31-16 |
     Public Safety |
31-17 |
     Office of the Public Defender |
31-18 |
     Environmental Management 410.0 |
31-19 |
     Coastal Resources Management Council 30.0 |
31-20 |
     Transportation 772.6 |
31-21 |
     Total |
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 |
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 |
3-31 |
compensation benefits under a contract of insurance, review information provided by the |
3-32 |
department of |
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 |
4-10 |
|
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 |
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 |
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. |
4-32 |
|
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 |
5-4 |
|
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 |
5-17 |
|
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 |
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. |
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 |
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 |
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 |
7-6 |
|
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 |
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 |
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 |
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 |
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 |
8-4 |
|
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 |
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 |
8-28 |
|
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. |
8-32 |
|
8-33 |
|
8-34 |
|
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 |
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 |
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 |
9-23 |
and human services, or his or her designee, shall issue a written discharge of lien. |
9-24 |
     (e) |
9-25 |
|
9-26 |
|
9-27 |
      |
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 |
      |
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 |
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 |
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 |
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 |
3-31 |
compensation benefits under a contract of insurance, review information provided by the |
3-32 |
department of |
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 |
4-10 |
|
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 |
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 |
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. |
4-32 |
|
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 |
5-4 |
|
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 |
5-17 |
|
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 |
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. |
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 |
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 |
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 |
7-6 |
|
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 |
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 |
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 |
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 |
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 |
8-4 |
|
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 |
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 |
8-28 |
|
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. |
8-32 |
|
8-33 |
|
8-34 |
|
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 |
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 |
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 |
9-23 |
and human services, or his or her designee, shall issue a written discharge of lien. |
9-24 |
     (e) |
9-25 |
|
9-26 |
|
9-27 |
      |
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 |
      |
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 |
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 |
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 |
      |
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 |
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, |
2-2 |
in writing, specifying the nature and extent of the failure, refusal, neglect, hindrance, or |
2-3 |
prevention, and the |
2-4 |
the matter so reported. If the |
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 |
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 |
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, |
7-62 |
|
7-63 |
the city of Central Falls. |
7-64 |
|
7-65 |
|
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 |
9-13 |
payment shall be |
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 |
9-16 |
|
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 |
9-21 |
|
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 |
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 |
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 |
      |
11-37 |
|
11-38 |
      |
11-39 |
|
11-40 |
|
11-41 |
|
11-42 |
|
11-43 |
|
11-44 |
|
11-45 |
|
11-46 |
|
11-47 |
      |
11-48 |
|
11-49 |
|
11-50 |
|
11-51 |
|
11-52 |
|
11-53 |
|
11-54 |
      |
11-55 |
      |
11-56 |
|
11-57 |
|
11-58 |
|
11-59 |
|
11-60 |
|
11-61 |
      |
11-62 |
|
11-63 |
|
11-64 |
|
11-65 |
|
11-66 |
      |
11-67 |
|
11-68 |
|
12-1 |
      |
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. |
      |
======= | |
art.013/2/027/1 | |
======= | |
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 |
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“Historic Structures – Tax Credit” is hereby amended to read as follows: |
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     44-33.2-4.1. Historic preservation tax credit trust fund. -- All processing fees |
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collected pursuant to this chapter after June 30, 2008 shall be deposited in a historic preservation |
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tax credit restricted receipt account within the |
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fund, which shall be used, to the extent resources are available, |
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|
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developers as certified by the division of taxation. |
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     SECTION 2. This article shall take effect upon passage. |
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art.014/3/014/2/014/1 | |
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ARTICLE 14 |
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RELATING TO RESTRICTED RECEIPT ACCOUNTS |
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     SECTION 1. Section 35-4-27 of the General Laws in Chapter 35-4 entitled “State Funds” |
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is hereby amended to read as follows: |
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     35-4-27. Indirect cost recoveries on restricted receipt accounts. -- Indirect cost |
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recoveries of ten percent (10%) of cash receipts shall be transferred from all restricted receipt |
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accounts, to be recorded as general revenues in the general fund. However, there shall be no |
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transfer from cash receipts with restrictions received exclusively: (1) from contributions from |
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non-profit charitable organizations; (2) from the assessment of indirect cost recovery rates on |
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federal grant funds; or (3) through transfers from state agencies to the department of |
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administration for the payment of debt service. These indirect cost recoveries shall be applied to |
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all accounts, unless prohibited by federal law or regulation, court order, or court settlement. The |
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following restricted receipt accounts shall not be subject to the provisions of this section: |
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     Department of Human Services |
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     Veterans' home – Restricted account |
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     Veterans' home – Resident benefits |
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     Organ transplant fund |
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     Veteran's Cemetery Memorial Fund |
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     Department of Health |
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     Pandemic medications and equipment account |
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     Department of Mental Health, Retardation and Hospitals |
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     Eleanor Slater non-Medicaid third-party payor account |
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     Hospital Medicare Part D Receipts |
1-24 |
     RICLAS Group Home Operations |
1-25 |
     Vigneron Memorial Fund Grant |
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     Department of Environmental Management |
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     National heritage revolving fund |
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     Environmental response fund II |
1-29 |
     Underground storage tanks registration fees |
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     Rhode Island Council on the Arts |
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     Art for public facilities fund |
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     Rhode Island Foundation Grant |
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     Rhode Island Historical Preservation and Heritage Commission |
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     Historic preservation revolving loan fund |
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     Historic Preservation loan fund – Interest revenue |
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     Department of Public Safety |
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     Forfeited property – Retained |
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     Forfeitures – Federal |
2-39 |
     Forfeited property – Gambling |
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     Donation – Polygraph and Law Enforcement Training |
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     Rhode Island State Firefighter’s League Training Account |
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     Fire Academy Training Fees Account |
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     Attorney General |
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     Forfeiture of property |
2-45 |
     Federal forfeitures |
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     Attorney General multi-state account |
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     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 |
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     Audit of federal assisted programs |
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     Department of Elderly Affairs |
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     Pharmaceutical Rebates Account |
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     Department of Children Youth and Families |
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     Children's Trust Accounts – SSI |
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     Military Staff |
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 |
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     Banking Division Reimbursement Account |
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     Office of the Health Insurance Commissioner Reimbursement Account |
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     Securities Division Reimbursement Account |
3-73 |
     Commercial Licensing and Racing and Athletics Division Reimbursement Account |
3-74 |
     Insurance Division Reimbursement Account |
3-75 |
     Historic Preservation Tax Credit Account. |
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     Judiciary |
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     Arbitration Fund Restricted Receipt Account |
3-78 |
     Department of Elementary and Secondary Education |
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     Statewide Student Transportation Services Account |
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     School for the Deaf Fee for Service Account |
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     Davies Career and Technical School Local Education Aid Account |
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     Early Childhood Grant Program Account |
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     Office of the Governor |
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     ARRA Administrative Expenses – Office of Economic Recovery and ReInvestment |
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     Department of Labor and Training |
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 |
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Young Children” is hereby amended by adding thereto the following section: |
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     16-48-9. Non-governmental funding for early childhood education. -- There is hereby |
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established in the department of elementary and secondary education an early childhood |
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education program restricted receipt account referred to as “Early Childhood Grant Program |
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Account.” The department of elementary and secondary education shall deposit into this account |
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any funds received from non-governmental sources for the purpose of funding early childhood |
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education programs. All such sums deposited shall be exempt from the indirect cost recovery |
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provisions of section 35-4-27. |
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     SECTION 3. This article shall take effect upon passage and shall apply retroactively to |
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July 1, 2011, except for Section 3 which shall apply retroactively to November 18, 2011. |
      |
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art.015/4/015/3/015/2/015/1 | |
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ARTICLE 15 |
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RELATING TO HOSPITAL UNCOMPENSATED CARE |
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     SECTION 1. Sections 40-8.3-2 and 40-8.3-3 of the General Laws in Chapter 40-8.3 |
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entitled “Uncompensated Care” are hereby amended to read as follows: |
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     40-8.3-2. Definitions. -- As used in this chapter: |
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     (1) "Base year" means for the purpose of calculating a disproportionate share payment for |
1-7 |
any fiscal year ending after September 30, |
1-8 |
through September 30, |
1-9 |
the period from October 1, |
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     (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. |
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     (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. |
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     (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, |
2-5 |
be deemed to be five and thirty hundredths percent (5.30%). |
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     40-8.3-3. Implementation. -- |
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|
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|
2-9 |
|
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      |
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|
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|
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      |
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|
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|
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|
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|
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|
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|
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|
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|
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      |
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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; |
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     (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. |
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      |
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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 |
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: |
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     (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; |
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     (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. |
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art.016/6/016/5/016/4/016/3/016/2/026/1 | |
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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, |
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, |
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 |
5-28 |
|
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 |
      |
1-6 |
|
1-7 |
|
1-8 |
|
1-9 |
|
1-10 |
|
1-11 |
|
1-12 |
      |
1-13 |
|
1-14 |
|
1-15 |
|
1-16 |
|
1-17 |
|
1-18 |
      |
1-19 |
|
1-20 |
|
1-21 |
|
1-22 |
      |
1-23 |
|
1-24 |
|
1-25 |
|
1-26 |
|
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 |
      |
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 |
2-36 |
board; |
2-37 |
      |
2-38 |
      |
2-39 |
      |
2-40 |
organization, or any combination thereof; |
2-41 |
      |
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 |
      |
2-46 |
including the installation pumps as provided herein; |
2-47 |
      |
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 |
      |
2-53 |
|
2-54 |
|
2-55 |
|
2-56 |
|
2-57 |
|
2-58 |
|
2-59 |
|
2-60 |
      |
2-61 |
|
2-62 |
|
2-63 |
|
2-64 |
      |
2-65 |
|
3-1 |
|
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) |
3-8 |
|
3-9 |
|
3-10 |
|
3-11 |
|
3-12 |
      |
3-13 |
100.1.5 shall by no later than December 31, 2013 |
3-14 |
appropriate portions of the state building codes |
3-15 |
design, construction and installation |
3-16 |
buildings in consultation with |
3-17 |
planning and the department of environmental management, with due regard for the preservation |
3-18 |
of public health, |
3-19 |
|
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 |
      |
3-34 |
|
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. |
4-6 |
|
4-7 |
pump installers. -- (a) |
4-8 |
|
4-9 |
|
4-10 |
|
4-11 |
|
4-12 |
|
4-13 |
|
4-14 |
|
4-15 |
|
4-16 |
|
4-17 |
|
4-18 |
|
4-19 |
|
4-20 |
|
4-21 |
|
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 |
      |
4-28 |
|
4-29 |
|
4-30 |
|
4-31 |
|
4-32 |
|
4-33 |
      |
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 |
      |
5-4 |
for which he or she has been licensed. |
5-5 |
      |
5-6 |
|
5-7 |
|
5-8 |
|
5-9 |
|
5-10 |
      |
5-11 |
|
5-12 |
      |
5-13 |
      |
5-14 |
      |
5-15 |
|
5-16 |
      |
5-17 |
      |
5-18 |
|
5-19 |
      |
5-20 |
|
5-21 |
|
5-22 |
|
5-23 |
|
5-24 |
|
5-25 |
      |
5-26 |
|
5-27 |
|
5-28 |
      |
5-29 |
|
5-30 |
|
5-31 |
      |
5-32 |
|
5-33 |
      |
5-34 |
|
6-1 |
     46-13.2-5. Record of wells. -- |
6-2 |
new or replacement well, a well drilling contractor shall provide the owner, |
6-3 |
building official and the department of health |
6-4 |
|
6-5 |
department of health. |
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 |
6-11 |
     (6) The static water levels, |
6-12 |
     (7) The results of a well yield test that conforms to industry standards, and |
6-13 |
      |
6-14 |
|
6-15 |
     46-13.2-7. Well constructed for farming or private use. -- A landowner may |
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 |
6-20 |
|
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 |
      |
6-26 |
|
6-27 |
|
6-28 |
|
6-29 |
      |
6-30 |
|
6-31 |
|
6-32 |
|
6-33 |
|
7-34 |
      |
7-35 |
|
7-36 |
|
7-37 |
|
7-38 |
|
7-39 |
|
7-40 |
|
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 |
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 |
1-13 |
department of human services; and the department of |
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, |
1-30 |
|
1-31 |
capacity, the office shall: |
2-1 |
     (a) Lead the state's |
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) |
2-14 |
programs |
2-15 |
U.S. Social Security act, 42 U.S.C. § 1396a et seq., |
2-16 |
|
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 |
2-19 |
powers, duties or functions conferred upon the departments by Rhode Island general laws for the |
2-20 |
|
2-21 |
|
2-22 |
|
2-23 |
|
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 |
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 |
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, |
6-20 |
|
6-21 |
department of |
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, |
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 |
8-23 |
|
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, |
8-32 |
|
8-33 |
department of |
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 |
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 |
10-59 |
health and human services the HIV/AIDS |
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: |
11-15 |
SSI state program, general public assistance, and child care |
11-16 |
|
11-17 |
relevant caseload information and expenditures for the following medical assistance categories: |
11-18 |
hospitals, long-term care, |
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”. |
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     24-16-2. Legislative findings. -- The general assembly finds that: |
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     (1) The State of Rhode Island, through the Rhode Island Department of Transportation |
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(“RIDOT”), funds the repair, replacement, and maintenance of bridges in Rhode Island, except |
1-12 |
the Newport Bridge and the Mount Hope Bridge. |
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     (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. |
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     (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 |
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contributions from the Rhode Island Capital Plan (RICAP) fund, beginning in FY2014. |
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     (5) Although the State is shifting from long-term borrowing to annual revenues to fund |
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transportation infrastructure, there is still a funding gap between the revenue needed to maintain |
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all roads and bridges in good condition and the annual amounts generated by current revenue |
1-28 |
sources. |
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     (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 |
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sufficient financial resources to assure the future maintenance and operation of the Sakonnet |
2-1 |
River Bridge. |
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     (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 |
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state, but comprise approximately twenty percent of the deck area of all Rhode Island bridges. |
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     (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 |
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(“RITBA”) currently owns and maintains the other two bridges: the Newport Bridge and the |
2-10 |
Mount Hope Bridge. |
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     (9) In the current economic and political climate, cooperation between State departments |
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and/or quasi-public agencies provides the best opportunity to maximize financial and knowledge- |
2-13 |
based resources. |
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     (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. |
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     (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. |
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     (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 |
      |
3-51 |
|
3-52 |
|
3-53 |
|
3-54 |
|
3-55 |
|
3-56 |
|
3-57 |
|
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     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, |
3-64 |
approach or feeder road, highway, road, freeway, tunnel, overpass, |
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 |
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. |
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     (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 |
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 |
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 |
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 ( |
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 |
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 |
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. |
11-32 |
|
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 |
|
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 |
12-11 |
|
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 |
13-33 |
|
13-34 |
|
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 |
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 |
14-33 |
|
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 |
15-2 |
|
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. -- |
1-6 |
|
1-7 |
|
1-8 |
|
1-9 |
|
1-10 |
|
1-11 |
|
1-12 |
|
1-13 |
|
1-14 |
|
1-15 |
|
1-16 |
|
1-17 |
|
1-18 |
      |
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, |
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 |
      |
6-52 |
|
6-53 |
|
6-54 |
|
6-55 |
|
6-56 |
|
6-57 |
      |
6-58 |
in paragraph 44-18-7.1(h)(ii). |
6-59 |
      |
6-60 |
delivered electronically or by load and leave as defined in paragraph 44-18-7.1(v). |
6-61 |
      |
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, |
8-120 |
|
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 |
      |
9-16 |
|
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 |
9-21 |
|
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 |
11-31 |
software delivered electronically or by load and leave, |
11-32 |
|
11-33 |
by the person or others. |
12-34 |
     (2) Every person making sales of tangible personal property |
12-35 |
software delivered electronically or by load and leave, |
12-36 |
|
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, |
12-52 |
|
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 |
12-60 |
|
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) |
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, |
15-8 |
prewritten computer software delivered electronically or by load and leave, |
15-9 |
|
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, |
16-18 |
|
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, |
19-79 |
|
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, |
21-5 |
|
21-6 |
|
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, |
21-9 |
|
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 |
21-26 |
|
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, |
22-3 |
|
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, |
22-6 |
|
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, |
23-52 |
|
23-53 |
prewritten computer software delivered electronically or by load and leave, |
23-54 |
|
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, |
40-21 |
|
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 |
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 |
      |
43-6 |
(2) years; |
43-7 |
      |
43-8 |
      |
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 |
      |
43-12 |
violation of 19 U.S.C. § 1681a; or |
43-13 |
      |
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 ($25,000) |
44-38 |
dollars for violations of any civil law relating to tobacco products, the payment of taxes or fraud. |
44-39 |
     44-20-12. Tax imposed on cigarettes sold. -- A tax is imposed on all cigarettes sold or |
44-40 |
held for sale in the state. The payment of the tax to be evidenced by stamps, which may be |
44-41 |
affixed only by licensed distributors to the packages containing such cigarettes. Any cigarettes on |
44-42 |
which the proper amount of tax provided for in this chapter has been paid, payment being |
44-43 |
evidenced by the stamp, is not subject to a further tax under this chapter. The tax is at the rate of |
44-44 |
|
44-45 |
     44-20-13. Tax imposed on unstamped cigarettes. -- A tax is imposed at the rate of |
44-46 |
|
44-47 |
storage or use within this state of any cigarettes not stamped in accordance with the provisions of |
44-48 |
this chapter in the possession of any consumer within this state. |
44-49 |
     44-20-13.2. Tax imposed on smokeless tobacco, cigars, and pipe tobacco products. -- |
44-50 |
(a) A tax is imposed on all smokeless tobacco, cigars, and pipe tobacco products sold or held for |
44-51 |
sale in the state by any person, the payment of the tax to be accomplished according to a |
44-52 |
mechanism established by the administrator, division of taxation, department of administration. |
44-53 |
Any tobacco product on which the proper amount of tax provided for in this chapter has been |
44-54 |
paid, payment being evidenced by a stamp, is not subject to a further tax under this chapter. The |
44-55 |
tax imposed by this section shall be as follows: |
44-56 |
     (1) At the rate of eighty percent (80%) of the wholesale cost of cigars, pipe tobacco |
44-57 |
products and smokeless tobacco other than snuff. |
44-58 |
     (2) Notwithstanding the eighty percent (80%) rate in subsection (a) above, in the case of |
44-59 |
cigars, the tax shall not exceed fifty cents ($.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 |
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 |
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" |
48-6 |
|
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 |
      |
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 |
      |
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 |
      |
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 |
      |
50-96 |
(51%) of the motion picture principal photography days are filmed |
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 |
      |
50-102 |
|
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 |
      |
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 |
      |
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 |
51-34 |
and the total production budget as defined herein is a minimum of |
52-1 |
dollars |
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 |
52-10 |
|
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. |
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 |
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 |
53-29 |
letter to the production company indicating "certificate of completion of a state certified |
53-30 |
production" |
53-31 |
|
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 |
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 |
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 | |
======= | |
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 |
2-13 |
(55%) of their pre-bankruptcy pension payments; provided however if the General Assembly |
2-14 |
authorizes an appropriation in the amount of $2,636,932, then during Fiscal Years 2012-2016, |
2-15 |
participating Retirees shall also receive Transition Payments, so that their combined reduced |
2-16 |
pension payments and Transition Payments shall not aggregate to less than seventy-five percent |
2-17 |
(75%) of their pre-bankruptcy pension payments; |
2-18 |
     (ii) That the Participating Retirees, the Central Falls Police Retirees Association, Inc. and |
2-19 |
the Central Falls Firefighters Retirees Association have waived substantially all of their claims |
2-20 |
against the City and the State; and |
2-21 |
     (iii) That in the event that the General Assembly fails to appropriate a minimum of |
2-22 |
$2,000,000 for Transition Payments, the Participating Retirees may “opt out” of the Settlement |
2-23 |
Agreement and have it declared to be null and void. |
2-24 |
     (3) For the following and other reasons, this Article shall not be deemed a precedent that |
2-25 |
would require the General Assembly to make similar appropriations to any other Rhode Island |
2-26 |
distressed city or town: |
2-27 |
     (i) The City alone must pay 100% of the legal fees incurred in the litigation that |
2-28 |
established the constitutionality of the Fiscal Stability Act (Rhode Island general laws section 45- |
2-29 |
9-1 et seq.) and several important bankruptcy precedents, these precedents which have conferred |
2-30 |
a significant benefit on all Rhode Island cities and towns; |
2-31 |
     (ii) Participating Retirees have agreed to reductions in their annual pension benefits of up |
2-32 |
to 55%; and |
2-33 |
     (iii) The Settlement Agreement was approved by the Bankruptcy Court in order to make a |
2-34 |
Chapter 9 plan of debt adjustment feasible. |
3-1 |
     (4) The requested Appropriation Payment which will ease the Participating Retirees’ |
3-2 |
transition to a pension benefit that has been reduced by up to fifty-five percent (55%) is fair and |
3-3 |
appropriate. |
3-4 |
     (5) The Settlement Agreement is hereby incorporated into this Article by reference. |
3-5 |
     (c) Appropriation Payment. |
3-6 |
     (1) Appropriation Payment and Restrictions on Use. There is hereby provided to the City |
3-7 |
of Central Falls a one-time lump-sum Appropriation Payment in the amount of $2,636,932 to be |
3-8 |
used solely for the purposes and subject to the restrictions set forth in the Settlement Agreement |
3-9 |
to fund Transition Payment to Participating Retirees. |
3-10 |
     (2) Deposit of Appropriation Payment and Payments to Participating Retirees. The |
3-11 |
Appropriation Payment shall be immediately deposited by the City into a restricted federally |
3-12 |
backed or federally insured interest-bearing account under the name of the City and denominated |
3-13 |
the “Participating Retirees’ Restricted 5-Year Account.” Within thirty (30) days after receipt of |
3-14 |
the Appropriation Payment from the State, for fiscal year ending 2012, the City (jointly with |
3-15 |
either the Receiver or an Administrative and Finance Officer for the City appointed by the |
3-16 |
Director) shall withdraw from the Participating Retirees’ Restricted 5-Year Account exactly the |
3-17 |
amount required to promptly pay and distribute to Participating Retirees the Transition Payments. |
3-18 |
Thereafter, during the months of July in fiscal years ending 2013, 2014, 2015, and 2016, the City |
3-19 |
(jointly with either the Receiver or an Administrative and Finance Officer for the City appointed |
3-20 |
by the Director) shall withdraw from the Participating Retirees’ Restricted 5-Year Account |
3-21 |
exactly the amount required to promptly pay and distribute to Participating Retirees the |
3-22 |
Appropriation Transition Payments. |
3-23 |
     Any and all withdrawals, transfers and payments from the Participating Retirees’ |
3-24 |
Restricted 5-Year Account shall require the signature of two (2) persons, one of whom shall be |
3-25 |
either the Receiver or an Administrative and Finance Officer of the City after the Receiver’s |
3-26 |
duties are completed. Participating Retirees’ Restricted 5-Year Account shall remain under the |
3-27 |
control of the City jointly with either the Receiver or an Administrative and Finance Officer and |
3-28 |
that it shall be segregated from and shall not be controlled or managed by any third party |
3-29 |
managing the single Central Falls Pension Plan, whether administered by the City or if |
3-30 |
transitioned into MERS. Further, the Transition Payments shall be paid to Participating Retirees |
3-31 |
jointly by the City and the Receiver or an Administrative and Finance Officer and not by any |
3-32 |
third-party pension fund manager. Such Transition Payments shall cease after the distribution at |
3-33 |
the end of fiscal year ending 2016. |
4-34 |
     (3) Relationship to Base Pension Payments. The Transition Payments shall not be |
4-35 |
included in the calculation of the base pension benefits of Participating Retirees for purposes of |
4-36 |
determining a Participating Retiree’s COLA. However, a spouse or statutory beneficiary under |
4-37 |
Rhode Island general laws section 45-21.3-1 shall be entitled to sixty-seven and one-half percent |
4-38 |
(67.5%) of a deceased Participating Retiree’s Transition Payment. |
4-39 |
     (4) Distribution of Balance. Within thirty (30) days of the end of fiscal year ending 2016, |
4-40 |
the City shall withdraw the balance of the funds in the Participating Retirees’ Restricted 5-Year |
4-41 |
Account (i.e. the accumulated interest and any remaining sums) and shall pay and distribute those |
4-42 |
funds to each Participating Retiree based on the percentage assigned to each Participating Retiree |
4-43 |
in accordance with the requirements set forth in APPENDIX B of the Settlement Agreement. |
4-44 |
After all of the funds in the Participating Retirees’ Restricted 5-Year Account have been |
4-45 |
appropriately distributed, the City shall promptly close the Participating Retirees’ Restricted 5- |
4-46 |
Year Account. |
4-47 |
     (5) Access to Account Information and Records. The City, as overseen by the Receiver or |
4-48 |
an Administrative and Finance Officer, as the case may be, shall maintain appropriate account |
4-49 |
information and records relating to all receipts into, maintenance of, and distributions from the |
4-50 |
Participating Retirees’ Restricted 5-Year Account, and shall allow at all reasonable times for the |
4-51 |
full inspection of and copying and sharing of information about such account and any and all |
4-52 |
Transition Payments by and with any Participating Retiree. |
4-53 |
     (6) Unclaimed Payments. Any money distributed to a Participating Retiree from the |
4-54 |
Participating Retirees’ Restricted 5-Year Account and not claimed by a Participating Retiree after |
4-55 |
the City has exercised good faith attempts over a six (6) month period to deliver it to the best last |
4-56 |
known address of such Participating Retiree shall not escheat under state law, but shall be |
4-57 |
deposited in the “Participating Retirees Wyatt Payments Account” which shall thereafter be |
4-58 |
distributed in accordance with Section 5.3 of the Settlement Agreement. |
4-59 |
     (7) Liability and Penalties for Improper Use of Appropriation Payment. Any person, |
4-60 |
whether in his/her individual or official capacity, who uses, appropriates or takes or instructs or |
4-61 |
causes another to use, appropriate or take, the Appropriation Payment, or any portion thereof, that |
4-62 |
is not specifically used for making Transition Payments to Participating Retirees as required |
4-63 |
hereunder and under the terms, provisions and/or restrictions of the Settlement Agreement, shall |
4-64 |
be personally liable for repayment of said funds and further shall be subject to any and all other |
4-65 |
applicable civil and criminal sanctions and/or penalties for such act(s). |
4-66 |
     (8) Return of Appropriations. Notwithstanding anything set forth herein to the contrary, |
4-67 |
in the event that the Settlement Agreement becomes legally void and/or of no further legal force |
4-68 |
and effect, whether because the retirees have "opted out" of the Settlement Agreement, or because |
5-1 |
a party duly declares the Settlement Agreement to be null and void pursuant to the terms of the |
5-2 |
Settlement Agreement, or because a court determines the Settlement Agreement to be void, then |
5-3 |
all remaining amounts of the Appropriation Payment held by the City shall be returned to the |
5-4 |
State of Rhode Island. |
5-5 |
     SECTION 2. Section 28-9.1-6 of the General Laws in Chapter 28-9.1 entitled |
5-6 |
“Firefighters’ Arbitration” is hereby amended to read as follows: |
5-7 |
     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 |
5-10 |
the bargaining agent of the request for a meeting for collective bargaining purposes. This |
5-11 |
obligation shall include the duty to cause any agreement resulting from the negotiations to be |
5-12 |
reduced to a written contract, provided that no contract shall exceed the term of one year, unless a |
5-13 |
longer period is agreed upon in writing by the corporate authorities and the bargaining agents, but |
5-14 |
in no event shall the contract exceed the term of three (3) years unless a budget commission or a |
5-15 |
receiver has been appointed for a municipality pursuant to Chapter 45-9, in which case the |
5-16 |
contract shall not exceed the term of five (5) years. An unfair labor practice charge may be |
5-17 |
complained of by either the employer's representative or the bargaining agent to the state labor |
5-18 |
relations board which shall deal with the complaint in the manner provided in chapter 7 of this |
5-19 |
title. |
5-20 |
     SECTION 3. Section 28-9.2-6 of the General Laws in Chapter 28-9.2 entitled “Municipal |
5-21 |
Police Arbitration” is hereby amended to read as follows: |
5-22 |
     28-9.2-6. Obligation to bargain. -- It shall be the obligation of the city or town, acting |
5-23 |
through its corporate authorities, to meet and confer in good faith with the designated |
5-24 |
representative or representatives of the bargaining agent, including any legal counsel selected by |
5-25 |
the bargaining agent, within ten (10) days after receipt of written notice from the bargaining agent |
5-26 |
of the request for a meeting for collective bargaining purposes. This obligation includes the duty |
5-27 |
to cause any agreement resulting from the negotiations to be reduced to a written contract, |
5-28 |
provided that no contract shall exceed the term of one year, unless a longer period is agreed upon |
5-29 |
in writing by the corporate authorities and the bargaining agent, but in no event shall the contract |
5-30 |
exceed the term of three (3) years unless a budget commission or a receiver has been appointed |
5-31 |
for a municipality pursuant to chapter 45-9, in which case the contract shall not exceed the term |
5-32 |
of five (5) years. An unfair labor charge may be complained of by either the employer's |
5-33 |
representative or the bargaining agent to the state labor relations board which shall deal with the |
5-34 |
complaint in the manner provided in chapter 7 of this title. |
6-1 |
     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: |
6-3 |
     28-9.3-4. Obligation to bargain. -- It shall be the obligation of the school committee to |
6-4 |
meet and confer in good faith with the representative or representatives of the negotiating or |
6-5 |
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 |
6-7 |
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 |
6-9 |
commission or a receiver has been appointed for a municipality pursuant to chapter 45-9, in |
6-10 |
which case the contract shall not exceed the term of five (5) years. An unfair labor practice |
6-11 |
charge may be complained of by either the bargaining agent or the school committee to the state |
6-12 |
labor relations board which shall deal with the complaint in the manner provided in chapter 7 of |
6-13 |
this title. |
6-14 |
     SECTION 5. Section 28-9.4-5 of the General Laws in Chapter 28-9.4 entitled “Municipal |
6-15 |
Employees’ Arbitration” is hereby amended to read as follows: |
6-16 |
     28-9.4-5. Obligation to bargain. -- It shall be the obligation of the municipal employer |
6-17 |
to meet and confer in good faith with the representative or representatives of the negotiating or |
6-18 |
bargaining agent within ten (10) days after receipt of written notice from the agent of the request |
6-19 |
for a meeting for negotiating or collective bargaining purposes. This obligation includes the duty |
6-20 |
to cause any agreement resulting from negotiation or bargaining to be reduced to a written |
6-21 |
contract; provided, that no contract shall exceed the term of three (3) years unless a budget |
6-22 |
commission or a receiver has been appointed for a municipality pursuant to chapter 45-9, in |
6-23 |
which case the contract shall not exceed the term of five (5) years. Failure to negotiate or bargain |
6-24 |
in good faith may be complained of by either the negotiating or bargaining agent or the municipal |
6-25 |
employer to the state labor relations board, which shall deal with the complaint in the manner |
6-26 |
provided in chapter 7 of this title. An unfair labor practice charge may be complained of by either |
6-27 |
the bargaining agent or employer's representative to the state labor relations board, which shall |
6-28 |
deal with the complaint in the manner provided in chapter 7 of this title. |
6-29 |
     SECTION 6. Under Rhode Island general laws section 45-9-1 et seq. a municipality |
6-30 |
subject to the jurisdiction of a fiscal overseer, budget commission or receiver is responsible for |
6-31 |
payment of expenses and costs incurred carrying out the responsibilities of the fiscal overseer, |
6-32 |
budget commission and/or receiver. During fiscal 2011, the State incurred and paid on behalf of |
6-33 |
the City of Central Falls expenses totaling $ 1,073,131. On or about September 15, 2011, the |
6-34 |
State billed the City of Central Falls for said $1,073,131 expenses, for which the City of Central |
7-1 |
Falls is responsible under section 45-9-1 et seq., and which continue to be incurred and paid for |
7-2 |
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 |
7-6 |
Central Falls shall have up to June 30, 2021 to reimburse the State for all such expenses paid by |
7-7 |
the State and billed to the city. |
7-8 |
     SECTION 7. Pathway to Retirement System Transition. – The Office of the General |
7-9 |
Treasurer, in consultation with the Department of Revenue, shall develop a framework for the |
7-10 |
City of Central Falls to transition its employees and retirees into the Municipal Employees' |
7-11 |
Retirement System. The Office of the General Treasurer shall report its findings and identified |
7-12 |
transition mechanisms to the General Assembly by January 1, 2013. |
7-13 |
     SECTION 8. This article shall take effect upon passage. |
      |
======= | |
art.023/2/034/1 | |
======= | |
1-1 |
ARTICLE 23 |
1-2 |
RELATING TO EFFECTIVE DATE |
1-3 |
     SECTION 1. This act shall take effect on July 1, 2012, except as otherwise provided |
1-4 |
herein. |
1-5 |
     SECTION 2. This article shall take effect upon passage. |
      | |
      | |
      |