2012 -- H 7323 SUBSTITUTE A AS AMENDED
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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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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 |
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Date Introduced: February 01, 2012 |
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Referred To: House Finance |
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It is enacted by the General Assembly as follows:
ARTICLE 1 RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2013
ARTICLE 2 RELATING TO BORROWING IN ANTICIPATION OF RECEIPTS
FROM TAXES
ARTICLE 3 RELATING TO ABUSED AND NEGLECTED CHILDREN
ARTICLE 4 RELATING TO GOVERNMENT ORGANIZATION
ARTICLE 5 RELATING TO CAPITAL DEVELOPMENT PROGRAM
ARTICLE 6 RELATING TO BOND PREMIUMS
ARTICLE 7 RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS
ARTICLE 8 RELATING TO INFORMATION TECHNOLOGY INVESTMENT FUND
ARTICLE 9 RELATING TO DEPARTMENT OF HEALTH FEES
ARTICLE 10 RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2012
ARTICLE 11 RELATING TO MEDICAL ASSISTANCE RECOVERIES
ARTICLE 12 RELATING TO EDUCATION AID
ARTICLE 13 RELATING TO HISTORIC PRESERVATION TAX CREDIT TRUST FUND
ARTICLE 14 RELATING TO RESTRICTED RECEIPT ACCOUNTS
ARTICLE 15 RELATING TO HOSPITAL UNCOMPENSATED CARE
ARTICLE 16 RELATING TO MUNICIPALITIES
ARTICLE 17 RELATING TO DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
ARTICLE 18 RELATING TO OFFICE OF HEALTH AND HUMAN SERVICES
ARTICLE 19 RELATING TO MEDICAID REFORM ACT OF 2008
ARTICLE 20 RELATING TO EAST BAY BRIDGE SYSTEM
ARTICLE 21 RELATING TO TAXATION AND REVENUES
ARTICLE 22 RELATING TO CENTRAL FALLS
ARTICLE 23 RELATING TO EFFECTIVE DATE
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LC01059/SUB A
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art.001/3/001/2/001/1
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ARTICLE 1 AS AMENDED
RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2013
SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained in this act, the following general revenue amounts are hereby appropriated out of any money in the treasury not otherwise appropriated to be expended during the fiscal year ending June 30, 2013. The amounts identified for federal funds and restricted receipts shall be made available pursuant to section 35-4-22 and Chapter 41 of Title 42 of the Rhode Island General Laws. For the purposes and functions hereinafter mentioned, the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sums or such portions thereof as may be required from time to time upon receipt by him or her of properly authenticated vouchers.
Administration
Central Management General Revenues 2,272,523
Legal Services General Revenues 2,006,995
Accounts and Control General Revenues 3,815,349
Auditing General Revenue 1,200,000
Office of Management and Budget
General Revenues 3,004,055
Restricted Receipts 411,460
Total – Office of Management and Budget 3,415,515
Purchasing
General Revenues 2,741,468
Federal Funds 69,888
Other Funds 294,974
Total – Purchasing 3,106,330
Human Resources
General Revenues 8,839,720
Federal Funds 764,973
Restricted Receipts 427,760
Other Funds 1,359,348
Total - Human Resources 11,391,801
Personnel Appeal Board General Revenues 75,036
Facilities Management
General Revenues 32,593,888
Federal Funds 1,049,144
Restricted Receipts 598,202
Other Funds 3,325,363
Total – Facilities Management 37,566,597
Capital Projects and Property Management
General Revenues 3,040,310
Restricted Receipts 1,313,144
Total – Capital Projects and Property Management 4,353,454
Information Technology
General Revenues 20,215,153
Federal Funds 5,760,616
Restricted Receipts 3,789,803
Other Funds 2,092,811
Total – Information Technology 31,858,383
Library and Information Services
General Revenues 933,989
Federal Funds 1,319,663
Restricted Receipts 1,895
Total - Library and Information Services 2,255,547
Planning
General Revenues 3,960,126
Federal Funds 8,684,453
Other Funds 4,836,966
Total - Planning 17,481,545
General
General Revenues
Economic Development Corporation 4,684,403
EDC – Airport Impact Aid 1,025,000
Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be distributed to each airport serving more than 1,000,000 passengers based upon its percentage of the total passengers served by all airports serving more than 1,000,000 passengers. Forty percent (40%) of the first $1,000,000 shall be distributed based on the share of landings during the calendar year 2012 at North Central Airport, Newport-Middletown Airport, Block Island Airport, Quonset Airport, TF Green Airport, and Westerly Airport, respectively. The Economic Development Corporation shall make an impact payment to the towns of cities in which the airport is located based on this calculation.
Each community upon which any parts of the above airports are located shall receive at least $25,000.
EDC – EPScore (Research Alliance) 1,150,000
Miscellaneous Grants 146,049
Slater Centers of Excellence 1,500,000
Torts – Courts 400,000
Current Care - Health Information Exchange 450,000
I-195 Commission 3,900,000
RI Film and Television Office 305,409
Office of Digital Excellence 300,000
State Employees/Teachers Retiree Health Subsidy 2,321,057
Resource Sharing and State Library Aid 8,773,398
Library Construction Aid 2,471,714
Federal Funds 4,345,555
Restricted Receipts 421,500
Rhode Island Capital Plan Funds
Statehouse Renovations 4,000,000
Cranston Street Armory 800,000
Cannon Building 220,000
Zambarano Building Rehabilitation 1,200,000
Pastore Medical Center Rehab DOA 1,600,000
Old State House 500,000
State Office Building 1,250,000
Old Colony House 300,000
William Powers Building 700,000
Fire Code Compliance State Buildings 350,000
Pastore Center Fire Code Compliance 1,100,000
Pastore Center Utility Systems Upgrade 2,000,000
Replacement of Fueling Tanks 300,000
Environmental Compliance 200,000
Big River Management Area 120,000
Pastore Center Building Demolition 3,000,000
Washington County Government Center 500,000
Veterans Memorial Auditorium 4,000,000
Chapin Health Laboratory 1,500,000
Pastore Center Parking 1,000,000
Pastore Center Water Tanks 500,000
Board of Elections New Location 1,000,000
Renovate Building #81 150,000
Pastore Cottages Rehabilitation 100,000
Health Lab Feasibility Study 175,000
Ladd Center Building Demolition 300,000
I-195 Commission 250,000
Total – General 59,309,085
Debt Service Payments
General Revenues 159,759,567
Federal Funds 2,759,328
Restricted Receipts 4,454,480
RIPTA Debt Service 1,680,844
Transportation Debt Service 34,317,954
Investment Receipts – Bond Funds 100,000
COPS - DLT Building – TDI 278,848
Total - Debt Service Payments 203,351,021
Energy Resources
Federal Funds 348,685
Federal Funds – Stimulus 224,543
Restricted Receipts 4,815,703
Total – Energy Resources 5,388,931
Supplemental
Retirement Savings
General Revenues 629,747
Federal Funds 251,899
Restricted Receipts 52,479
Other 115,454
Total - Supplemental Retirement Savings 1,049,579
Grand Total – Administration 389,897,691
Business Regulation
Central Management General Revenues 1,145,060
Banking Regulation
General Revenues 1,637,766
Restricted Receipts 125,000
Total - Banking Regulation 1,762,766
Securities Regulation
General Revenues 1,068,375
Restricted Receipts 15,000
Total - Securities Regulation 1,083,375
Insurance Regulation
General Revenues 3,916,525
Restricted Receipts 1,284,868
Total - Insurance Regulation 5,201,393
Office of the Health Commissioner
General Revenues 542,929
Federal Funds 2,719,081
Restricted Receipts 10,500
Total – Office of the Health Commissioner 3,272,510
Board of Accountancy General Revenues 82,483
Commercial Licensing, Racing & Athletics
General Revenues 719,111
Restricted Receipts 460,812
Total - Commercial Licensing, Racing & Athletics 1,179,923
Board for Design Professionals General Revenues 249,799
Grand Total - Business Regulation 13,977,309
Labor and Training
Central Management
General Revenues 107,310
Restricted Receipts 585,938
Rhode Island Capital Plan Funds
Center General Asset Protection 310,500
Center General Roof 753,650
Total - Central Management 1,757,398
Workforce Development Services
Federal Funds 24,182,172
Restricted Receipts 6,954,831
Total - Workforce Development Services 31,137,003
Workforce Regulation and Safety General Revenues 2,994,552
Income Support
General Revenues 4,370,518
Federal Funds 15,293,809
Federal Funds – Stimulus - UI 72,268,000
Restricted Receipts 1,403,715
Job Development Fund 18,572,493
Other Funds
Temporary Disability Insurance Fund 181,947,650
Employment Security Fund 322,696,493
Total - Income Support 616,552,678
Injured Workers Services Restricted Receipts 8,775,718
Labor Relations Board General Revenues 386,790
Grand Total - Labor and Training 661,604,139
Department of Revenue
Director of Revenue General Revenues 783,388
Office of Revenue Analysis General Revenues 538,285
Lottery Division Lottery Funds 232,744,968
Municipal Finance
General Revenues 2,264,780
Central Falls Receivership 300,000
Total – Municipal Finance 2,564,780
Taxation
General Revenues 17,904,225
Federal Funds 1,326,098
Restricted Receipts 872,995
Other Funds
Motor Fuel Tax Evasion 43,382
Temporary Disability Insurance 975,730
Total – Taxation 21,122,430
Registry of Motor Vehicles
General Revenues 18,475,667
Federal Funds 1,124,611
Restricted Receipts 14,763
Rhode Island Capital Plan Funds
Safety & Emissions Lift Replacement 100,000
Total – Registry of Motor Vehicles 19,715,041
State Aid
General Revenue
Distressed Communities Relief Fund 10,384,458
Payment in Lieu of Tax Exempt Properties 33,080,409
Motor Vehicle Excise Tax Payments 10,000,000
Property Revaluation Program 1,611,032
Restricted Receipts
Car Rental Tax/Surcharge - Warwick Share 957,497
Total – State Aid 56,033,396
Grand Total – Revenue 333,502,288
Legislature
General Revenues 37,217,044
Restricted Receipts 1,627,174
Grand Total – Legislature 38,844,218
Lieutenant Governor
General Revenues 962,955
Federal Funds 129,737
Grand Total - Lieutenant Governor 1,092,692
Secretary of State
Administration General Revenues 1,907,105
Corporations General Revenues 2,068,731
State Archives
General Revenues 79,385
Restricted Receipts 505,069
Total - State Archives 584,454
Elections & Civics General Revenues 1,900,552
State Library General Revenues 598,381
Office of Public Information General Revenues 358,884
Grand Total – Secretary of State 7,418,107
General Treasurer
Treasury
General Revenues 2,096,374
Federal Funds 316,169
Other Funds
Temporary Disability Insurance Fund 251,512
Total – Treasury 2,664,055
State Retirement System
General Revenues 311,760
Restricted Receipts
Admin Expenses - State Retirement System 10,584,330
Retirement - Treasury Investment Operations 1,127,961
Total - State Retirement System 12,024,051
Unclaimed Property Restricted Receipts 20,733,930
Crime Victim Compensation Program
General Revenues 133,981
Federal Funds 843,543
Restricted Receipts 1,172,000
Total - Crime Victim Compensation Program 2,149,524
Grand Total – General Treasurer 37,571,560
Board of Elections General Revenues 1,952,116
Rhode Island Ethics Commission General Revenues 1,557,881
Office of Governor
General Revenues 4,168,290
Contingency Fund 250,000
Federal Funds 22,163,245
Grand Total – Office of Governor 26,581,535
Commission for Human Rights
General Revenues 1,137,768
Federal Funds 325,992
Grand Total - Commission for Human Rights 1,463,760
Public Utilities Commission
Federal Funds 110,213
Federal Funds – Stimulus 211,582
Restricted Receipts 7,924,913
Grand Total - Public Utilities Commission 8,246,708
Office of Health and Human Services
Central Management
General Revenues 25,434,668
Federal Funds 74,974,313
Federal Funds – Stimulus 312,000
Restricted Receipts 957,586
Total – Central Management 101,678,567
Medical Assistance
General Revenues
Managed Care 283,387,147
Hospitals 107,337,545
Nursing Facilities 173,959,640
Home and Community Based Services 35,953,320
Other Services 43,765,745
Pharmacy 52,354,074
Rhody Health 102,873,564
Federal Funds
Managed Care 312,336,604
Hospitals 115,542,929
Nursing Facilities 184,540,360
Home and Community Based Services 38,146,680
Other Services 62,494,368
Pharmacy 1,290,105
Rhody Health 106,846,436
Special Education 18,350,000
Restricted Receipts 11,515,000
Total – Medical Assistance 1,650,693,517
Grand Total – Health and Human Services 1,752,372,084
Children, Youth, and Families
Central Management
General Revenues 4,674,549
Federal Funds 2,351,311
Restricted Receipts 204,094
Total - Central Management 7,229,954
Children's Behavioral Health Services
General Revenues 10,077,912
Federal Funds 7,524,753
Rhode Island Capital Plan Funds
NAFI Center 500,000
Mt. Hope Building Facade 275,000
Mt. Hope Fire Towers 275,000
Mt. Hope Feasibility Study 50,000
Various Repairs and Improvements 195,000
Total - Children's Behavioral Health Services 18,897,665
Juvenile Correctional Services
General Revenues 30,203,577
Federal Funds 1,250,209
Federal Funds – Stimulus 21,914
Rhode Island Capital Plan Funds
Thomas C. Slater Training School Maintenance Building 535,000
Generators – Thomas C. Slater Training School 441,000
Total - Juvenile Correctional Services 32,451,700
Child Welfare
General Revenues 96,800,187
18 to 21 Year Olds 10,630,227
Federal Funds 44,794,120
18 to 21 Year Olds 2,497,984
Restricted Receipts 2,621,159
Rhode Island Capital Plan Funds
Fire Code Upgrades 500,000
Total - Child Welfare 157,843,677
Higher Education Incentive Grants General Revenues 200,000
Grand Total - Children, Youth, and Families 216,622,996
Health
Central Management
General Revenues 1,173,946
Federal Funds 8,355,078
Restricted Receipts 3,585,881
Total - Central Management 13,114,905
State Medical Examiner
General Revenues 2,259,943
Federal Funds 204,371
Total - State Medical Examiner 2,464,314
Environmental and Health Services Regulation
General Revenues 9,145,421
Federal Funds 5,645,960
Restricted Receipts 4,422,838
Total - Environmental and Health Services Regulation 19,214,219
Health Laboratories
General Revenues 6,300,363
Federal Funds 1,614,851
Federal Funds - Stimulus 190,052
Total - Health Laboratories 8,105,266
Public Health Information
General Revenues 1,741,431
Federal Funds 735,572
Federal Funds - Stimulus 373,442
Total – Public Health Information 2,850,445
Community and Family Health and Equity
General Revenues 2,418,974
Federal Funds 43,485,586
Federal Funds - Stimulus 1,098,622
Restricted Receipts 21,503,877
Other Funds
Safe and Active Commuting 172,000
Total – Community and Family Health and Equity 68,679,059
Infectious Disease and Epidemiology
General Revenues 1,781,758
Federal Funds 3,275,445
Federal Funds – Stimulus 36,672
Total – Infectious Disease and Epidemiology 5,093,875
Grand Total – Health 119,522,083
Human Services
Central Management
General Revenues 5,052,482
Federal Funds 5,317,610
Restricted Receipts 519,347
Total - Central Management 10,889,439
Child Support Enforcement
General Revenues 2,305,759
Federal Funds 6,033,709
Total – Child Support Enforcement 8,339,468
Individual and Family Support
General Revenues 20,616,357
Federal Funds 106,054,903 Federal Funds – Stimulus 7,066,062
Restricted Receipts 6,680,000
Rhode Island Capital Plan Fund
Blind Vending Facilities 165,000
Intermodal Surface Transportation Fund 4,224,184
Total - Individual and Family Support 144,806,506
Veterans' Affairs
General Revenues 19,568,977
Federal Funds 8,240,954
Restricted Receipts 1,077,762
Total - Veterans' Affairs 28,887,693
Health Care Quality, Financing and Purchasing
General Revenues 8,314,370
Federal Funds 9,523,746
Total - Health Care Quality, Financing & Purchasing 17,838,116
Supplemental Security Income Program General Revenues 18,240,600
Rhode Island Works
General Revenues Child Care 9,668,635
Federal Funds 80,198,485
Total – Rhode Island Works 89,867,120
State Funded Programs
General Revenues
General Public Assistance 2,572,658
Of this appropriation, $210,000 shall be used for hardship contingency payments.
Federal Funds 299,134,564
Total - State Funded Programs 301,707,222
Elderly Affairs
General Revenues 10,682,842
Care and Safety of the Elderly 1,287
Federal Funds 18,161,725
Restricted Receipts 833,994
Total – Elderly Affairs 29,679,848
Grand Total - Human Services 650,256,012
Behavioral Health, Developmental Disabilities, and Hospitals
Central Management
General Revenues 797,214
Federal Funds 361,940
Total - Central Management 1,159,154
Hospital and Community System Support
General Revenues 2,527,114
Restricted Receipts 505,624
Rhode Island Capital Plan Funds
Medical Center Rehabilitation 1,000,000
Community Facilities Fire Code 750,000
Total - Hospital and Community System Support 4,782,738
Services for the Developmentally Disabled
General Revenues 105,259,461
Federal Funds 114,862,371
Restricted Receipts 1,776,017
Rhode Island Capital Plan Funds
DD Private Waiver 761,351
Regional Center Repair/Rehabilitation 750,000
MR Community Facilities/Access to Independence 1,000,000
Total - Services for the Developmentally Disabled 224,409,200
Behavioral Healthcare Services
General Revenues 34,859,214
Federal Funds 74,430,048
Federal Funds – Stimulus 35,000
Restricted Receipts 125,000
Rhode Island Capital Plan Funds
MH Community Facilities Repair 300,000
MH Housing Development-Thresholds 800,000
MH Residence Furniture 32,000
Substance Abuse Asset Production 300,000
Total – Behavioral Healthcare Services 110,881,262
Hospital and Community Rehabilitative Services
General Revenues 49,694,992
Federal Funds 44,436,605
Restricted Receipts 4,782,193
Rhode Island Capital Plan Funds
Zambarano Buildings and Utilities 225,000
Hospital Consolidation 2,000,000
BHDDH Administrative Buildings 2,000,000
MR Community Facilities 1,300,000
Total - Hospital and Community Rehabilitative Services 104,438,790
Grand Total – Behavioral Health, Developmental Disabilities,
& Hospitals 445,671,144
Office of the Child Advocate
General Revenues 611,469
Federal Funds 46,103
Grand Total – Office of the Child Advocate 657,572
Commission on the Deaf and Hard of Hearing General Revenues 390,251
Governor's Commission on Disabilities
General Revenues 371,096
Federal Funds 120,649
Restricted Receipts 9,694
Rhode Island Capital Plan Funds
Facility Renovation – Handicapped Access 250,000
Grand Total - Governor's Commission on Disabilities 751,439
Office of the Mental Health Advocate General Revenues 447,119
Elementary and Secondary Education
Administration of the Comprehensive Education Strategy
General Revenues 18,967,968
Federal Funds 190,397,563
Federal Funds – Stimulus 20,796,439
Education Jobs Fund 2,390,623
RTTT LEA Share 15,534,615
Restricted Receipts 1,305,190
HRIC Adult Education Grants 3,500,000
Statewide Transportation – RIPTA Grant 47,000
Rhode Island Capital Plan Funds
Cranston Career and Technical 350,000
Newport Career and Technical 256,638
Warwick Career and Technical 230,000
Woonsocket Career and Technical 275,000
Total – Administration of the Comprehensive Education Strategy 254,051,036
Davies Career and Technical School
General Revenues 13,381,539
Federal Funds 1,304,633
Federal Funds – Stimulus 65,636
Restricted Receipts 1,785,901
Rhode Island Capital Plan Funds
Davies HVAC 250,628
Davies Asset Protection 425,000
Total - Davies Career and Technical School 17,213,337
RI School for the Deaf
General Revenues 6,244,881
Federal Funds 266,503
Federal Funds – Stimulus – Medicaid 4,194
Restricted Receipts 482,261
Total - RI School for the Deaf 6,997,839
Metropolitan Career and Technical School
General Revenues 11,648,256
Rhode Island Capital Plan Funds
MET School East Bay 3,600,000
MET School HVAC 833,333
Total – Metropolitan Career and Technical School 16,081,589
Education Aid
General Revenues 691,078,185
Restricted Receipts 18,570,516
Permanent School Fund – Education Aid 183,624
Total – Education Aid 709,832,325
Central Falls School District General Revenues 39,705,879
Housing Aid General Revenues 74,568,906
Teachers' Retirement General Revenues 79,768,447
Grand Total - Elementary and Secondary Education 1,198,219,358
Public Higher Education
Board of Governors/Office of Higher Education
General Revenues 5,860,952
Federal Funds 4,852,615
Total - Board of Governors/Office of Higher Education 10,713,567
University of Rhode Island
General Revenues 58,133,747
State Crime Lab 858,820
Debt Service 19,160,529
University and College Funds 603,410,734
Debt – Dining Services 1,140,806
Debt – Education and General 3,273,434
Debt – Health Services 149,892
Debt – Housing Loan Funds 11,155,852
Debt – Memorial Union 121,514
Debt – Ryan Center 2,801,358
Debt – Alton Jones Services 114,650
Debt - Parking Authority 1,017,799
Debt – Sponsored Research 99,667
Debt – URI Energy Conservation 2,283,588
Rhode Island Capital Plan Funds
Asset Protection 7,200,000
New Chemistry Building 1,000,000
Total – University of Rhode Island 711,922,390
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or unencumbered balances as of June 30, 2013 relating to the University of Rhode Island are hereby reappropriated to fiscal year 2014.
Rhode Island College
General Revenues 38,609,975
Debt Service 3,049,029
University and College Funds 113,236,144
Debt – Education and General 892,644
Debt – Housing 2,042,304
Debt – Student Center and Dining 172,392
Debt – Student Union 232,944
Debt – G.O. Debt Service 1,630,317
Rhode Island Capital Plan Funds
Asset Protection 3,075,000
Infrastructure Modernization 1,000,000
Total – Rhode Island College 163,940,749
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or unencumbered balances as of June 30, 2013 relating to Rhode Island College are hereby reappropriated to fiscal year 2014.
Community College of Rhode Island
General Revenues 44,318,962
Debt Service 2,464,156
Restricted Receipts 702,583
University and College Funds 94,726,694
Debt – Bookstore 29,193
CCRI Debt Service – Energy Conservation 808,025
Rhode Island Capital Plan Funds
Asset Protection 2,050,000
Total – Community College of RI 145,099,613
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or unencumbered balances as of June 30, 2013 relating to the Community College of Rhode Island are hereby reappropriated to fiscal year 2014.
Grand Total – Public Higher Education 1,031,676,319
RI State Council on the Arts
General Revenues
Operating Support 404,156
Grants 1,161,657
Federal Funds 998,794
Arts for Public Facilities 843,500
Grand Total - RI State Council on the Arts 3,408,107
RI Atomic Energy Commission
General Revenues 876,213
Federal Funds 267,616
URI Sponsored Research 283,122
Rhode Island Capital Plan Funds
RINSC Asset Protection 50,000
Grand Total - RI Atomic Energy Commission 1,476,951
RI Higher Education Assistance Authority
General Revenues
Needs Based Grants and Work Opportunities 5,161,003
Authority Operations and Other Grants 456,061
Federal Funds 13,346,283
Tuition Savings Program - Need Based Grants and Work Opportunities 8,000,000
Tuition Savings Program - Administration 758,802
Grand Total - RI Higher Education Assistance Authority 27,722,149
RI Historical Preservation and Heritage Commission
General Revenues 1,361,801
Federal Funds 836,139
Restricted Receipts 456,037
Rhode Island Capital Funds
Eisenhower House Asset Protection 75,000
Grand Total – RI Historical Preservation and Heritage Commission 2,728,977
RI Public Telecommunications Authority
General Revenues 799,077
Corporation for Public Broadcasting 701,895
Grand Total – RI Public Telecommunications Authority 1,500,972
Attorney General
Criminal
General Revenues 14,269,909
Federal Funds 1,458,574
Restricted Receipts 367,509
Total – Criminal 16,095,992
Civil
General Revenues 4,888,477
Restricted Receipts 4,795,001
Total – Civil 9,683,478
Bureau of Criminal Identification
General Revenues 1,209,375
Federal Funds 25,030
Total - Bureau of Criminal Identification 1,234,405
General
General Revenues 2,708,563
Rhode Island Capital Plan Funds
Building Renovations and Repairs 287,500
Total – General 2,996,063
Grand Total - Attorney General 30,009,938
Corrections
Central Management
General Revenues 9,261,703
Federal Funds 22,246
Total – Central Management 9,283,949
Parole Board
General Revenues 1,331,469
Federal Funds 36,850
Total - Parole Board 1,368,319
Custody and Security
General Revenues 115,077,455
Federal Funds 700,125
Restricted Receipts 29,758
Total – Custody and Security 115,807,338
Institutional Support
General Revenues 15,735,909
RICAP – Asset Protection 4,000,000
RICAP – Maximum – General Renovations 1,100,000
RICAP – General Renovations Women’s 1,850,000
RICAP – Bernadette Guay Roof 600,000
RICAP – Women’s Bath Renovations 1,235,000
RICAP – ISC Exterior Envelope and HVAC 1,400,000
RICAP – Minimum Security Kitchen Expansion 214,600
RICAP – Medium Infrastructure 1,000,000
Total – Institutional Support 27,135,509
Institutional Based Rehab./Population Management
General Revenues 8,878,408
Federal Funds 968,461
Federal Funds – Stimulus 114,818
Total – Institutional Based Rehab/Population Management 9,961,687
Healthcare Services General Revenues 18,476,246
Community Corrections
General Revenues 14,532,087
Federal Funds 153,088
Restricted Receipts 31,639
Total – Community Corrections 14,716,814
Grand Total – Corrections 196,749,862
Judiciary
Supreme Court
General Revenues 25,969,098
Defense of Indigents 3,562,240
Federal Funds 220,021
Restricted Receipts 1,417,495
Rhode Island Capital Plan Funds
Judicial HVAC 550,000
Judicial Complexes Asset Protection 625,000
Licht Judicial Complex Restoration 500,000
Total - Supreme Court 32,843,854
Judicial Tenure and Discipline General Revenues 113,609
Superior Court
General Revenues 21,932,328
Federal Funds 175,025
Restricted Receipts 508,174
Total - Superior Court 22,615,527
Family Court
General Revenues 18,044,955
Federal Funds 2,156,933
Restricted Receipts 704,529
Total - Family Court 20,906,417
District Court
General Revenues 11,435,878
Federal Funds 130,128
Restricted Receipts 285,916
Total - District Court 11,851,922
Traffic Tribunal General Revenues 8,191,888
Workers' Compensation Court Restricted Receipts 7,725,081
Grand Total – Judiciary 104,248,298
Military Staff
National Guard
General Revenues 1,516,835
Federal Funds 12,107,308
Restricted Receipts 300,000
Rhode Island Capital Plan Funds
Armory of Mounted Command Roof Replacement 2,400,000
State Armories Fire Code Compliance 20,250
Federal Armories Fire Code Compliance 20,250
Asset Protection 650,000
Logistics/Maintenance Facilities Fire Code Comp. 12,500
Command Readiness Center Addition 850,000
Burrillville Regional Training Institute 125,000
Camp Fogarty Armory Roof 375,000
Emergency Management Agency Building 125,000
Total - National Guard 18,502,143
Emergency Management
General Revenues 2,031,940
Federal Funds 21,734,766
Restricted Receipts 181,278
Total - Emergency Management 23,947,984
Grand Total - Military Staff 42,450,127
Public Safety
Central Management
General Revenues 1,172,630
Federal Funds 4,073,486
Federal Funds – Stimulus 250,174
Restricted Receipts 850
Total – Central Management 5,497,140
E-911 Emergency Telephone System General Revenues 5,262,243
State Fire Marshal
General Revenues 2,684,019
Federal Funds 102,717
Restricted Receipts 286,698
Rhode Island Capital Plan Funds
Fire Academy 1,500,000
Quonset Development Corp 53,458
Total - State Fire Marshal 4,626,892
Security Services General Revenues 21,485,773
Municipal Police Training Academy
General Revenues 356,811
Federal Funds 214,167
Total - Municipal Police Training Academy 570,978
State Police
General Revenues 63,828,563
Federal Funds 1,983,721
Federal Funds – Stimulus 315,886
Restricted Receipts 12,400,000
Rhode Island Capital Plan Funds
Barracks and Training 1,785,000
Headquarters Repairs/Rehabilitation 100,000
HQ Expansion 500,000
State Microwave Upgrade 500,000
Traffic Enforcement - Municipal Training 130,150
Lottery Commission Assistance 217,861
Airport Corporation 217,861
Road Construction Reimbursement 3,078,000
Total - State Police 85,057,042
Grand Total – Public Safety 122,500,068
Office of Public Defender
General Revenues 10,791,226
Federal Funds 421,898
Grand Total - Office of Public Defender 11,213,124
Environmental Management
Office of the Director
General Revenues 4,767,266
Federal Funds 493,000
Restricted Receipts 2,942,066
Total – Office of the Director 8,202,332
Natural Resources
General Revenues 18,222,547
Federal Funds 22,593,023
Restricted Receipts 3,591,941
Other Funds
DOT Recreational Projects 26,417
Blackstone Bikepath Design 1,069,133
Transportation MOU 78,579
Rhode Island Capital Plan Funds
Dam Repair 1,000,000
Recreational Facilities Improvements 1,590,000
Fort Adams Rehabilitation 500,000
Fort Adams America’s Cup 3,108,704
Galilee Piers Upgrade 1,990,000
Newport Piers 75,000
Blackstone Valley Bike Path 500,000
World War II Facility 2,200,000
Total - Natural Resources 56,545,344
Environmental Protection
General Revenues 11,556,487
Federal Funds 11,911,528
Restricted Receipts 7,775,935
Transportation MOU 85,885
Retrofit Heavy-Duty Diesel Vehicles 2,760,000
Total - Environmental Protection 34,089,835
Grand Total - Environmental Management 98,837,511
Coastal Resources Management Council
General Revenues 2,264,841
Federal Funds 1,677,977
Restricted Receipts 250,000
Rhode Island Capital Plan Funds
South Coast Restoration Project 850,000
Secure Facility Area 50,000
Grand Total - Coastal Resources Mgmt. Council 5,092,818
Transportation
Central Management
Federal Funds 10,515,473
Other Funds
Gasoline Tax 1,353,338
Total - Central Management 11,868,811
Management and Budget Other Funds / Gasoline Tax 1,937,648
Infrastructure Engineering- GARVEE/Motor Fuel Tax Bonds
Federal Funds 342,944,533
Federal Funds – Stimulus 8,880,580
Restricted Receipts 998,758
Other Funds
Gasoline Tax 54,201,232
Motor Fuel Tax Residuals 4,076,029
Land Sale Revenue 22,354,473
Rhode Island Capital Funds
RIPTA Land and Buildings 70,000
Highway Projects Match Plan 20,000,000
Total - Infrastructure Engineering – GARVEE 453,525,605
Infrastructure Maintenance
Gasoline Tax 39,566,987
Non-Land Surplus Property 10,000
Outdoor Advertising 100,000
Rhode Island Capital Plan Funds
Cherry Hill/Lincoln Facility 777,050
Maintenance Facilities Improvements 400,000
Portsmouth Facility 1,435,000
Salt Storage Facilities 2,000,000
Total - Infrastructure Maintenance 44,289,037
Grand Total – Transportation 511,621,101
Statewide Totals
General Revenues 3,295,836,490
Federal Funds 2,676,350,399
Restricted Receipts 232,511,115
Other Funds 1,895,158,380
Statewide Grand Total 8,099,856,384
SECTION 2. Each line appearing in Section 1 of this Article shall constitute an appropriation.
SECTION 3. Upon the transfer of any function of a department or agency to another department or agency, the Governor is hereby authorized by means of executive order to transfer or reallocate, in whole or in part, the appropriations and the full-time equivalent limits affected thereby.
SECTION 4. From the appropriation for contingency shall be paid such sums as may be required at the discretion of the Governor to fund expenditures for which appropriations may not exist. Such contingency funds may also be used for expenditures in the several departments and agencies where appropriations are insufficient, or where such requirements are due to unforeseen conditions or are non-recurring items of an unusual nature. Said appropriations may also be used for the payment of bills incurred due to emergencies or to any offense against public peace and property, in accordance with the provisions of Titles 11 and 45 of the General Laws of 1956, as amended. All expenditures and transfers from this account shall be approved by the Governor.
SECTION 5. The general assembly authorizes the state controller to establish the internal service accounts shown below, and no other, to finance and account for the operations of state agencies that provide services to other agencies, institutions and other governmental units on a cost reimbursed basis. The purpose of these accounts is to ensure that certain activities are managed in a businesslike manner, promote efficient use of services by making agencies pay the full costs associated with providing the services, and allocate the costs of central administrative services across all fund types, so that federal and other non-general fund programs share in the costs of general government support. The controller is authorized to reimburse these accounts for the cost of work or services performed for any other department or agency subject to the following expenditure limitations:
Account Expenditure Limit
State Assessed Fringe Benefit Internal Service Fund 32,106,713
Administration Central Utilities Internal Service Fund 20,227,492
State Central Mail Internal Service Fund 5,613,323
State Telecommunications Internal Service Fund 2,881,461
State Automotive Fleet - Internal Service Fund 13,953,031
Capital Police Internal Service Fund 828,732
Surplus Property Internal Service Fund 2,500
Health Insurance Internal Service Fund 304,145,139
Health Insurance - State Police Internal Service Fund 2,123,495
Central Distribution Center Internal Service Fund 7,434,689
Correctional Industries Internal Service Fund 7,353,215
Secretary of State Record Center Internal Service Fund 897,072
SECTION 6. The General Assembly may provide a written "statement of legislative intent" signed by the chairperson of the House Finance Committee and by the chairperson of the Senate Finance Committee to show the intended purpose of the appropriations contained in Section 1 of this Article. The statement of legislative intent shall be kept on file in the House Finance Committee and in the Senate Finance Committee.
At least twenty (20) days prior to the issuance of a grant or the release of funds, which grant or funds are listed on the legislative letter of intent, all department, agency and corporation directors, shall notify in writing the chairperson of the House Finance Committee and the chairperson of the Senate Finance Committee of the approximate date when the funds are to be released or granted.
SECTION 7. Appropriation of Temporary Disability Insurance Funds -- There is hereby appropriated pursuant to sections 28-39-5 and 28-39-8 of the Rhode Island General Laws all funds required to be disbursed for the benefit payments from the Temporary Disability Insurance Fund and Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 2013.
SECTION 8. Appropriation of Employment Security Funds -- There is hereby appropriated pursuant to section 28-42-19 of the Rhode Island General Laws all funds required to be disbursed for benefit payments from the Employment Security Fund for the fiscal year ending June 30, 2013.
SECTION 9. Appropriation of Lottery Division Funds -- There is hereby appropriated to the Lottery Division any funds required to be disbursed by the Lottery Division for the purposes of paying commissions or transfers to the prize fund for the fiscal year ending June 30, 2013.
SECTION 10. Departments and agencies listed below may not exceed the number of full-time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do not include seasonal or intermittent positions whose scheduled period of employment does not exceed twenty-six consecutive weeks or whose scheduled hours do not exceed nine hundred and twenty-five (925) hours, excluding overtime, in a one-year period. Nor do they include individuals engaged in training, the completion of which is a prerequisite of employment. Provided, however, that the Governor or designee, Speaker of the House of Representatives or designee, and the President of the Senate or designee may authorize an adjustment to any limitation. Prior to the authorization, the State Budget Officer shall make a detailed written recommendation to the Governor, the Speaker of the House, and the President of the Senate. A copy of the recommendation and authorization to adjust shall be transmitted to the chairpersons of the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor and the Senate Fiscal Advisor.
No agency or department may employ contracted employees or employee services where contract employees would work under state employee supervisors without determination of need by the Director of Administration acting upon positive recommendations of the Budget Officer and the Personnel Administrator and 15 days after a public hearing.
Nor may any agency or department contract for services replacing work done by state employees at that time without determination of need by the Director of Administration acting upon the positive recommendations of the Budget Officer and the Personnel Administrator and 30 days after a public hearing.
State employees whose funding is from non-state general revenue funds that are time limited shall receive limited term appointment with the term limited to the availability of non-state general revenue funding source.
FY 2013 FTE POSITION AUTHORIZATION
Departments and Agencies Full-Time Equivalent
Administration 687.2
Business Regulation 94.0
Labor and Training 462.5
Revenue 458.0
Legislature 298.5
Office of the Lieutenant Governor 8.0
Office of the Secretary of State 57.0
Office of the General Treasurer 82.0
Board of Elections 11.0
Rhode Island Ethics Commission 12.0
Office of the Governor 45.0
Commission for Human Rights 14.5
Public Utilities Commission 47.0
Office of Health and Human Services 168.0
Children, Youth, and Families 665.5
Health 497.3
Human Services 940.7
Behavioral Health, Developmental Disabilities, and Hospitals 1,383.2
Office of the Child Advocate 5.8
Commission on the Deaf and Hard of Hearing 3.0
Governor's Commission on Disabilities 4.0
Office of the Mental Health Advocate 3.7
Elementary and Secondary Education 169.4
School for the Deaf 60.0
Davies Career and Technical School 126.0
Office of Higher Education 16.8
Provided that 1.0 of the total authorization would be available only for positions that are supported by third-party funds.
University of Rhode Island 2,450.5
Provided that 593.2 of the total authorization would be available only for positions that are supported by third-party funds.
Rhode Island College 919.6
Provided that 82.0 of the total authorization would be available only for positions that are supported by third-party funds.
Community College of Rhode Island 854.1
Provided that 100.0 of the total authorization would be available only for positions that are supported by third-party funds.
Rhode Island State Council on the Arts 6.0
RI Atomic Energy Commission 8.6
Higher Education Assistance Authority 38.6
Historical Preservation and Heritage Commission 16.6
Public Telecommunications Authority 14.0
Office of the Attorney General 233.1
Corrections 1,419.0
Judicial 723.3
Military Staff 112.0
Public Safety 609.2
Office of the Public Defender 93.0
Environmental Management 407.0
Coastal Resources Management Council 29.0
Transportation 772.6
Total 15,026.3
SECTION 11. The amounts reflected in this Article include the appropriation of Rhode Island Capital Plan funds for fiscal year 2013 and superseded appropriations provided for FY 2013 within Section 12 of Chapter 151 of the P.L. of 2011.
The following amounts are hereby appropriated out of any money in the State’s Rhode Island Capital Plan Fund not otherwise appropriated to be expended during the fiscal years ending June 30, 2014, June 30, 2015, June 30, 2016 and June 30, 2017. These amounts supersede appropriations provided within Section 12 of Article 1 of Chapter 151 of the P.L. of 2011. For the purposes and functions hereinafter mentioned, the State Controller is hereby authorized and directed to draw his or her orders upon the General Treasurer for the payment of such sums and such portions thereof as may be required by him or her upon receipt of properly authenticated vouchers.
Fiscal Yr Ending Fiscal Yr Ending Fiscal Yr Ending Fiscal Yr Ending
Project June 30, 2014 June 30, 2015 June 30, 2016 June 30, 2017
DOA - Cranston
Street Armory 2,000,000 2,000,000 1,500,000 1,500,000
DOA - Fire Code Compliance
State Buildings 500,000 500,000 500,000 500,000
DOA - Ladd Center Building
Demolition 1,000,000 2,000,000 1,700,000 0
DOA - Pastore Center Building
Demolition 3,000,000 1,500,000 500,000 0
DOA - Pastore Utilities
Upgrade 2,300,000 0 0 0
DOA - Pastore Utility Systems Water
Tanks and Pipes 300,000 150,000 0 0
DOA - Replacement of
Fuel Tanks 300,000 300,000 300,000 300,000
DOA - State Office
Building 1,300,000 2,500,000 4,200,000 0
DOA - Veterans Auditorium
Repairs 3,850,000 2,050,000 0 0
DOA - Washington County
Government Center 450,000 350,000 350,000 350,000
DLT - Center General
Asset Protection 549,500 400,000 250,000 0
BHDDH - Hospital
Consolidation 8,000,000 8,000,000 8,000,000 9,000,000
El. Sec. - Cranston Career and
Technical 978,000 443,740 0 0
El. Sec. - Warwick Career and
Technical 500,000 500,000 0 0
El. Sec. - Woonsocket Career and
Technical 505,000 420,000 0 0
Higher Ed - Asset Protection -
CCRI 2,093,500 2,138,305 2,184,100 2,232,100
Higher Ed - Asset Protection -
RIC 3,143,250 3,213,548 3,285,400 3,357,700
Higher Ed - Asset Protection -
URI 7,357,500 7,520,000 7,686,900 7,856,000
Higher Ed - URI Fire Safety
Admin and Academic 0 0 5,000,000 5,000,000
Higher Ed - URI Nursing
Facility 2,000,000 0 0 0
Attorney General - Building Maintenance and
Repairs 250,000 150,000 150,000 150,000
DOC - Corrections
Asset Protection 4,000,000 3,500,000 3,500,000 3,900,000
Judiciary - HVAC 600,000 700,000 750,000 900,000
Judiciary - Licht Complex
Restoration 500,000 500,000 500,000 500,000
Mil Staff - Armory of
Mounted Commands 500,000 300,000 200,000 0
Mil Staff - Asset
Protection 500,000 500,000 500,000 500,000
Mil Staff - Federal Armories Fire
Code Compliance 20,250 20,250 3,750 3,750
Mil Staff - Logistics/Maintenance Facilities Fire
Code Compliance 12,500 9,500 0 0
Mil Staff - State Armories Fire
Code Compliance 20,250 20,250 10,000 10,000
DEM - Dam Repairs 800,000 550,000 500,000 500,000
DEM - Galilee Piers 690,000 675,000 665,000 220,000
DEM - Recreational Facility
Improvements 2,640,000 2,750,000 1,850,000 2,250,000
DOT - Highway Improvement
Program 20,000,000 20,000,000 20,000,000 20,000,000
DOT - Salt Storage
Facility 2,000,000 2,000,000 2,000,000 2,000,000
SECTION 12. Reappropriation of Funding for Rhode Island Capital Plan Fund Projects. - Any unexpended and unencumbered funds from Rhode Island Capital Plan Fund project appropriations shall be reappropriated in the ensuing fiscal year and made available for the same purpose. However, any such reappropriations are subject to final approval by the General Assembly as part of the supplemental appropriations act. Any unexpended funds of less than five hundred dollars ($500) shall be reappropriated at the discretion of the State Budget Officer.
SECTION 13. For the Fiscal Year ending June 30, 2013, the Rhode Island Housing and Mortgage Finance Corporation shall provide from its resources such sums as appropriate in support of the Neighborhood Opportunities Program. The Corporation shall provide a report detailing the amount of funding provided to this program, as well as information on the number of units of housing provided as a result to the Director of Administration, the Chair of the Housing Resources Commission, the Chair of the House Finance Committee, the Chair of the Senate Finance Committee and the State Budget Officer.
SECTION 14. Whereas; nearly one in five Americans with mortgages owe more to the bank than their home is worth.
Whereas; according to the Mortgage Bankers Association, approximately 1.5 million homeowners nationally are 90 days or more delinquent on their mortgages, but have yet to be in foreclosure.
Whereas; according to a Spring 2012 report by Housing Works RI, since 2007, Rhode Island had consistently ranked worst in New England for foreclosure initiations, and the number of actual residential foreclosures increased in 2011 with over 2,000 foreclosure deeds filed.
Whereas; the State of Rhode Island is eligible to receive a share of a nationwide, $25.0 billion mortgage fraud settlement from five major mortgage services.
Whereas; it is estimated that the State will receive approximately $8.6 million to fund consumer protection and foreclosure protection efforts as part of the mortgage fraud settlement; and
Whereas; the funding is intended to bring stability to the housing market and provide mortgage and foreclosure prevention assistance; now therefore, be it
RESOLVED that the Attorney General shall develop by September 1, 2012, in consultation with Rhode Island Housing, the Rhode Island Foreclosure Protection Program to prevent or reduce the number of initiated foreclosures in Rhode Island and assist homeowners struggling with mortgage payments. The program shall be supported by the $8.6 million Rhode Island expects to receive from the mortgage fraud settlement referenced above. Said program shall be administered by Rhode Island Housing, and Rhode Island Housing shall develop and implement appropriate policies and procedures consistent with the goal of foreclosure prevention and the guidelines of the mortgage fraud settlement.
SECTION 15. Notwithstanding any general laws to the contrary, the State Controller shall transfer $7,350,000 from the State General Fund to the State Fleet Replacement Fund by July 30, 2012.
SECTION 16. Notwithstanding any general laws to the contrary, the State Controller shall transfer $9,000,000 from the State General Fund to Information Technology Investment Fund by July 30, 2012.
SECTION 17. This article shall take effect as of July 1, 2012.
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art.002/2/002/1
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ARTICLE 2
RELATING TO BORROWING IN ANTICIPATION OF RECEIPTS FROM TAXES
SECTION 1. (a) The state of Rhode Island is hereby authorized to borrow during its fiscal year ending June 30, 2013, in anticipation of receipts from taxes such sum or sums, at such time or times and upon such terms and conditions not inconsistent with the provisions and limitations of Section 17 of Article VI of the constitution of Rhode Island, as the general treasurer, with the advice of the Governor, shall deem for the best interests of the state, provided that the amounts so borrowed shall not exceed two hundred fifty hundred million dollars ($250,000,000), at any time outstanding. The state is hereby further authorized to give its promissory note or notes signed by the general treasurer and counter-signed by the secretary of state for the payment of any sum so borrowed. Any such proceeds shall be invested by the general treasurer until such time as they are needed. The interest income earned from such investments shall be used to pay the interest on the promissory note or notes, or other forms of obligations, and any expense of issuing the promissory note or notes, or other forms of obligations, with the balance remaining at the end of said fiscal year, if any, shall be used toward the payment of long-term debt service of the state, unless prohibited by federal law or regulation.
(b) Notwithstanding any other authority to the contrary, duly authorized bonds or notes of the state issued during the fiscal year ending June 30, 2013 may be issued in the form of commercial paper, so-called. In connection herewith, the state, acting through the general treasurer, may enter into agreements with banks, trust companies or other financial institutions within or outside the state, whether in the form of letters or lines of credit, liquidity facilities, insurance or other support arrangements. Any notes issued as commercial paper shall be in such amounts and bear such terms as the general treasurer, with the advice of the governor, shall determine, which may include provisions for prepayment at any time with or without premium at the option of the state. Such notes may be sold at a premium or discount, and may bear interest or not and, if interest bearing, may bear interest at such rate or rates variable from time to time as determined by the Federal Reserve Bank Composite Index of Commercial Paper, or the Municipal Market Data General Market Index or other similar commercial paper offerings, or other method specified in any agreement with brokers for the placement or marketing of any such notes issued as commercial paper, or other like agreements. Any such agreement may also include such other covenants and provisions for protecting the rights, security and remedies of the lenders as may, in the discretion of the general treasurer, be reasonable, legal and proper. The general treasurer may also enter into agreements with brokers for the placement or marketing of any such notes of the state issued as commercial paper. Any notes to the state issued as commercial paper in anticipation of receipts from taxes in any fiscal year must also be issued in accordance with the provisions of Section 17 of Article VI of the constitution of Rhode Island and within the limitations set forth in Subsection (a) of Section 1 of this Article.
(c) Notwithstanding any other authority to the contrary, other forms of obligations of the state not to exceed twenty million dollars ($20,000,000) of the two hundred fifty hundred million dollar ($250,000,000) amount authorized in Section 1 may be issued during the fiscal year ending June 30, 2013 in the form of a commercial or business credit account, at any time outstanding, with banks, trust companies or other financial institutions within or outside the state in order to finance a payables incentive program for the state with its vendors. Any such forms of obligations entered into pursuant to this subsection shall be in such amounts and bear such terms as the general treasurer, with the advice of the governor, shall determine which may include provisions for prepayment at any time with or without premium at the option of the state. Any such forms of obligations entered into pursuant to this subsection may also include such other covenants and provisions for protecting the rights, security and remedies of the lenders as may, in the discretion of the general treasurer, be reasonable, legal and proper. Any such forms of obligations entered into pursuant to this subsection must also be issued in accordance with the provisions of Section 17 of Article VI of the Constitution of Rhode Island and within the limitations set forth in Subsection (a) of Section 1 of this Article.
SECTION 2. This article shall take effect upon passage.
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art.003/2/011/2/021/1
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ARTICLE 3
RELATING TO ABUSED AND NEGLECTED CHILDREN
SECTION 1. Section 40-11-7 of the General Laws in Chapter 40-11 entitled “Abused and Neglected Children “is hereby amended to read as follows:
40-11-7. Investigation of reports--Petition for removal from custody--Report to child advocate--Attorney general--Court-appointed special advocate.-- (a) The department shall investigate reports of child abuse and neglect made under this chapter in accordance with the rules the department has promulgated and in order to determine the circumstances surrounding the alleged abuse or neglect and the cause thereof. The investigation shall include personal contact with the child named in the report and any other children in the same household. Any person required to investigate reports of child abuse and/or neglect may question the subjects of those reports with or without the consent of the parent or other person responsible for the child’s welfare. The interviewing of the child or children, if they are of the mental capacity to be interviewed, shall take place in the absence of the person or persons responsible for the alleged neglect or abuse. In the event that any person required to investigate child abuse and/or neglect is denied reasonable access to a child by the parents or other person, and that person required to investigate deems that the best interests of the child so require, they may request the intervention of a local law enforcement agency, or seek an appropriate court order to examine and interview the child. The department shall provide such social services and other services as are necessary to protect the child and preserve the family.
(b) In the event that after investigation it is determined by the department that the child is being or has been abused or neglected but that the circumstances of the child’s family or otherwise do not require the removal of the child for his or her protection, the department may allow the child to remain at home and provide the family and child with access to preventative support and services. In addition, the department is authorized to petition the family court for an order for the provision of treatment of the family and child.
(c) The department shall have the duty to petition the family court for removal of the child from the care and custody of the parents, or any other person having custody or care of the child if there is a determination that a child has been abused or neglected; which results in a child death, serious physical or emotional harm, sexual abuse or exploitation or an act or failure to act which represents an imminent risk of serious harm. In addition, in cases of alleged abuse and/or neglect, the department may petition the family court for the removal of the alleged perpetrator of that abuse, and/or neglect from the household of the child or children when the child or children are eleven (11) years of age or older. It shall be the responsibility of the department to make the parent or other person responsible for the child’s welfare aware of the court action, the possible consequences of the court action, and to explain the rights of the parent relative to the court action.
(d) The department shall forward immediately any reports of institutional child abuse and neglect to the child advocate who shall investigate the report in accordance with chapter 73 of title 42, and also to any guardian ad litem and/or attorney of record for the child.
(e) In the event that after investigation the department takes any action regarding placement of the child, the department shall immediately notify the child advocate of such action.
(f) In the event that after investigation the department has reasonable cause to know or suspect that a child has been subjected to criminal abuse or neglect, the department shall forward immediately any information as it relates to that knowledge or suspicion to the law enforcement agency.
SECTION 2. This article shall take effect upon passage.
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art.004/9/004/8/004/7/004/6/004/5/004/4/004/3/004/2/004/1
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ARTICLE 4 AS AMENDED
RELATING TO GOVERNMENT ORGANIZATION
SECTION 1. Section 16-57-10 of the General Laws in Chapter 16-57 entitled "Higher Education Assistance Authority" is hereby amended to read as follows:
16-57-10. Reserve funds. -- To assure the continued operation and solvency of the authority for the carrying out of its corporate purposes, the authority may create and establish any reserve funds as may be necessary or desirable for its corporate purposes, and may pay into the funds any money appropriated and made available by the state, the commissioner, or any other source for the purpose of the funds, and any money collected by the authority as fees for the guaranty of eligible loans.
To assure continued solvency of the authority, the authority's operating fund shall be used solely for the ordinary operating expenses of the authority. Furthermore, it is the intent of the general assembly that these funds eventually be used to increase financial assistance to Rhode Island students in the form of scholarships and grants.
SECTION 2. Section 16-62-7 of the General Laws in Chapter 16-62 entitled "The Rhode Island Student Loan Authority" is hereby amended to read as follows:
16-62-7. Directors,
officers, and employees. -- (a) The powers of the authority shall be
vested in a board of directors consisting of six (6) members as follows: five
(5) members appointed by the governor to the Rhode
Island higher education assistance authority from among members of
the general public, who are qualified by training
or experience in education, finance, or personal investment consulting and made
in accordance with subsection (b) of this section as provided in section 16-57-7, all appointments
and are subject to the advice and
consent of the senate; and the general treasurer, ex-officio. The general
treasurer may designate a subordinate within his or her department or agency to
represent him or her at all meetings of the board.
(b) All members appointed by the governor shall be appointed to terms of five (5) years, and the governor shall, during the month of January preceding the expiration of each term, appoint a member whose term will then next expire. In the event of a vacancy occurring in the office of a member by death, resignation, removal, or otherwise, the vacancy shall be filled in the same manner as an original appointment but only for the remainder of the term of the former member.
(b)(c) The directors shall receive no compensation
for the performance of their duties under this chapter, but each director shall
be reimbursed for his or her reasonable expenses incurred in carrying out those
duties. A director may engage in private employment, or in a profession or
business.
(c)(d) The board of directors shall elect one of its
members to serve as chairperson. Four (4) directors shall constitute a quorum
and any action to be taken by the authority under the provisions of this
chapter may be authorized by resolution approved by a majority of the directors
present and voting at any regular or special meeting at which a quorum is
present. A vacancy in the membership of the board of directors shall not impair
the right of a quorum to exercise all the rights and perform all the duties of
the authority.
(d)(e) In addition to electing a chairperson, the
board of directors shall appoint a secretary and any additional officers and
staff members as they shall deem appropriate and shall determine the amount of
compensation, if any, each shall receive. The board of directors may appoint a
chief executive officer and vest in that person or his or her subordinates the
authority to appoint additional staff members and to determine the amount of
compensation each individual shall receive.
(e)(f) No fulltime employee shall during the period
of his or her employment by the authority engage in any other private
employment, profession, or business, including, but not limited to, consulting.
(f)(g) Notwithstanding any other law to the
contrary, it shall not be or constitute a conflict of interest for a director,
officer, or employee of any financial institution, investment banking firm, brokerage
firm, commercial bank, trust company, savings and loan association, credit
union, insurance company, educational institution, or any other firm, person,
or corporation to serve as a director of the authority nor shall any contract
or transaction between the authority and any financial institution, investment
banking firm, brokerage firm, commercial bank, trust company, savings and loan
association, credit union, insurance company, educational institution, or any
other firm, person, or corporation be void or voidable by reason of any service
as director of the authority. If any director, officer, or employee of the
authority shall be interested either directly or indirectly, or shall be a
director, officer, or employee of or have an ownership interest (other than as
the owner of less than one percent (1%) of the shares of a publicly held
corporation) in any firm or corporation interested directly or indirectly in
any contract with the authority, that interest shall be disclosed to the
authority and set forth in the minutes of the authority, and the director,
officer, or employee having that interest in it shall not participate on behalf
of the authority in the authorization of this contract. Interested directors
may be counted in determining the presence of a quorum at a meeting of the
board of directors of the authority which authorizes the contract or
transaction.
(g)(h) Any action taken by the authority under the
provisions of this chapter may be authorized by vote at any regular or special
meeting, and each vote shall take effect immediately.
(h)(i) The board of directors may designate from
among its members an executive committee and one or more other committees each
of which, to the extent authorized by the board of directors, shall have and
may exercise all the authority of the board of directors, but no committee
shall have the authority of the board of directors in reference to the
disposition of all or substantially all the property and assets of the
authority, or amending the bylaws of the authority.
(i)(j) Any action required by this chapter to be
taken at a meeting of the board of directors, or any action which may be taken
at a meeting of the board of directors, or committee of it, may be taken
without a meeting if a consent in writing, setting forth the action to be
taken, shall be signed before or after that action by all of the directors, or
all of the members of the committee.
(j)(k) The board shall conduct a training course for
newly appointed and qualified members and new designees of ex-officio members
within six (6) months of their qualification or designation. The course shall
be developed by the chair of the board, approved by the board, and conducted by
the chair of the board. The board may approve the use of any board or staff members
or other individuals to assist with training. The training course shall include
instruction in the subject area of this chapter and chapters 46 of title 42, 14
of title 36, and 2 of title 38; and the board's rules and regulations. The
director of the department of administration shall, within ninety (90) days of
the effective date of this act, disseminate training materials relating to the
provisions of chapters 46 of title 42, 14 of title 36, and 2 of title 38.
SECTION 3. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by adding thereto the following chapter:
CHAPTER 97
THE RHODE ISLAND BOARD OF EDUCATION ACT
Whereas, the twenty-first century has changed the challenges of education in the State of Rhode Island, it is incumbent upon this legislature to modernize the manner in which education shall be governed for future generations;
Whereas, the skills gap in Rhode Island continues to deter economic opportunity for many residents, it is incumbent upon this legislature to ensure that higher education institutions in the State of Rhode Island coordinate their efforts with elementary and secondary programs and increase their efforts towards eliminating the skills gap to ensure the State is competitive and the workforce is a marketable asset;
Whereas, the separate higher education system in the State of Rhode Island has not capitalized on opportunities and resources that have been made available due in part to a lack of coordination and efficiencies with elementary and secondary education, establishing a seamless singular board of education will promote coordination and increase efficiencies throughout the entirety of the education system within the State of Rhode Island; and
Whereas, in an effort to ensure a world class education for all students, a single Board of Education will serve to ensure that all students may achieve educational excellence; now therefore be it
Resolved, that the Rhode Island Board of Education Act is hereby established.
16-97-1. Rhode Island board of education established. – (a) Effective January 1, 2013, there is created a board of education which shall be and is constituted a public corporation, empowered to sue and be sued in its own name, to have a corporate seal, and to be vested with all the powers and duties currently vested in the board of governors for higher education established in chapter 16-59 and the board of regents for elementary and secondary education established in chapter 16-60.
(b) Upon its organization, the board of education shall be vested with the legal title (in trust for the state) to all property, real and personal, now owned by and/or under the control or in the custody of the board of governors for higher education and the board of regents for elementary and secondary education, for the use of the board of education. The board of education is hereby-designated successor to all powers, rights, duties, and privileges pertaining to the board of regents for elementary and secondary education and the board of governors for higher education.
(c) The board of education shall consist of eleven (11) public members appointed by the governor with the advice and consent of the senate. Four (4) of the members initially appointed pursuant to this section shall serve terms of three (3) years; four (4) members initially appointed pursuant to this section shall serve terms of two (2) years; and, three (3) members initially appointed pursuant to this section shall serve terms of one year. Thereafter, all members appointed pursuant to this section shall serve terms of three (3) years. No board member shall be appointed to serve more than two (2) three (3) year terms.
(d) The governor shall select from the appointed members a chairperson and vice chairperson. A quorum shall consist of six (6) members of the board. A majority vote of those present shall be required for action.
(e) The statutory responsibilities of the department of elementary and secondary education, the commissioner of elementary and secondary education, and the commissioner of higher education shall remain unchanged. No later than July 1, 2013, the board of education shall submit to the governor and the general assembly its final plan for the permanent administrative structure for higher education. As a requisite element of the administrative structure for higher education, the board of education shall establish a plan for distributing the assets, responsibilities, powers, authorities, and duties of the office of higher education to the three (3) higher education institutions and appropriate state agencies. Said distribution shall be done in a manner designed to maximize efficiency, provide greater articulation of the respective responsibilities of elementary and secondary and higher education, and ensure that students are prepared to succeed in school, college, careers, and life. The permanent governance structure for higher education shall, at a minimum: (1) Provide clear guidance on statutory, legal, financial and contractual obligations; (2) Establish a policy framework that furthers the goals of this chapter; and (3) Establish appropriate administrative structures, support, policies and procedures. Effective July 1, 2014, the office of higher education shall be abolished.
16-97-2. Executive agents of the state board of education. – (a) The state board of education shall appoint a Commissioner of Elementary and Secondary Education who shall be the board’s executive agent in matters pertaining to elementary and secondary education and who shall have the duties established in R.I.G.L. 16-60-6 . The state board of education shall also appoint a Commissioner of Higher Education who shall be the board’s executive agent in matters pertaining to higher education and who shall have the duties established in R.I.G.L. 16-59-6. The Commissioners shall be employees of the board in the unclassified service and shall not be members of the board and shall serve at the pleasure of the board.
16-97-3. Executive committee of education. – (a) There is established an executive committee of education that shall be composed of the president of the University of Rhode Island, the president of Rhode Island College, the president of Community College of Rhode Island, the commissioner of higher education, and the commissioner of elementary and secondary education. The commissioner of higher education shall serve as the chairperson of the committee.
(b) The committee shall meet on a regular basis, provided, that they shall meet not less than twelve (12) times per year, and the purpose of the committee shall include, but not be limited to, developing coherent plans for the elimination of unnecessary duplication in public education and addressing the future needs of public education within the state in the most efficient and economical manner possible. All recommendations and information gathered at the meetings of the committee shall be forwarded to the board of education by the chairperson of the executive committee for final action of the board of education.
(c) Prior to the presentation of any proposal to the board of governors, the committee shall fully examine its impact on public education, including, but not limited to, its impact on educational budgetary requirements, quality of education and elimination of unnecessary duplication. The chairperson of the committee may invite additional participation by faculty and other employees when he or she deems it necessary.
16-96-4. Change of former names. – Effective January 1, 2013, the term “Rhode Island Board of Education” shall be used in lieu of any then existing law reference made to the board of regents for elementary and secondary education and/or the board of governors for higher education.
16-97-5. Abolishment of boards. – The board of governors for higher education established in chapter 16-59 and the board of regents for elementary and secondary education established in chapter 16-60 shall cease to exist as of January 1, 2013.
16-97-6. Reporting requirements. – The board shall submit periodic reports to the speaker of the house, senate president, chairs of the house and senate finance committees and their respective fiscal advisors, the chair of the house health, education and welfare committee, and chair of the senate education committee on its progress towards implementation of this chapter. The first report shall be submitted no later than April 1, 2013 and quarterly thereafter until January 1, 2014. It shall submit a report annually thereafter through 2018.
SECTION 4. Section 42-35-18 of the General Laws in Chapter 42-35 entitled "Administrative Procedures" is hereby amended to read as follows:
42-35-18. Effective date of chapter -- Scope of application and exemptions. -- (a) This chapter shall take effect upon January 1, 1964, and thereupon all acts and parts of acts inconsistent herewith shall stand repealed; provided, however, that except as to proceedings pending on June 30, 1963, this chapter shall apply to all agencies and agency proceedings not expressly exempted.
(b) None of the provisions of this chapter shall apply to the following sections and chapters:
(1) Section 16-32-10 (University of Rhode Island);
(2) Chapter 41 of title 16 (New England Higher Education Compact);
(3) Section 16-33-6 (Rhode Island College);
(4) Chapter 16 of title 23 (Health Facilities Construction Act);
(5) Chapter 8 of title 20 (Atlantic States Marine Fisheries Compact);
(6) Chapter 38 of title 28 (Dr. John E. Donley Rehabilitation Center);
(7) Chapter 7 of title 17 (State Board of Elections);
(8) Chapter 16 of title 8 (Judicial Tenure and Discipline);
(9) Chapter 61 of title 42 (State Lottery);
(10) Chapter 59 of title 16 (Board of
Governors for Higher Education);
(11) Chapter 60 of title 16 (Board of
Regents for Elementary and Secondary Education);
(12) (10) Chapter 24.4 of title 45 (Special
Development Districts);
(13) (11) Chapter 12 of title 35 (The University of
Rhode Island Research Corporation).
(c) The provisions of sections 42-35-9, 42-35-10, 42-35-11, 42-35-12 and 42-35-13 shall not apply to:
(1) Any and all acts, decisions, findings, or determinations by the board of review of the department of labor and training or the director of the department of labor and training or his, her, its or their duly authorized agents and to any and all procedures or hearings before and by the director or board of review of the department of labor and training or his or her agents under the provisions of chapters 39 -- 44 of title 28.
(2) Section 28-5-17 (Conciliation of charges of unlawful practices).
(3) Chapter 8 of title 13 (Parole).
(4) Any and all acts, decisions, findings or determinations by the administrator of the division of motor vehicles or his or her duly authorized agent and to any and all procedures or hearings before and by said administrator or his or her said agent under the provisions of chapters 10, 11, 31 to 33, inclusive, of title 31.
(5) Procedures of the board of examiners of hoisting engineers under chapter 26 of title 28.
(6) Any and all acts, decisions, findings, or determinations made under authority from the provisions of chapters 29 -- 38 of title 28, concerning workers' compensation administration, procedure and benefits.
SECTION 5. Title 35 of the General Laws entitled “PUBLIC FINANCE” is hereby amended by adding thereto the following chapter:
CHAPTER 35-1.1
OFFICE OF MANAGEMENT AND BUDGET
35-1.1-1. Statement of intent. -- The purpose of this chapter is to establish a comprehensive public finance and management system for the State of Rhode Island that manages a data-driven budget process, monitors state departments’ and agencies’ performance, maximizes the application for and use of federal grants and ensures accountability and transparency regarding the use of public funds.
35-1.1-2. Establishment of the office of management and budget. -- There is hereby established within the department of administration an office of management and budget. This office shall serve as the principal agency of the executive branch of state government for managing budgetary functions, performance management, and federal grants management. In this capacity, the office shall:
(1) Establish an in-depth form of data analysis within and between departments and agencies, creating a more informed process for resource allocation to best meet the needs of Rhode Island citizens;
(2) Identify federal grant funding opportunities to support the Governor’s and General Assembly’s major policy initiatives and provide technical assistance with the application process and post-award grants management;
(3) Analyze federal budgetary issues and report on potential impacts to the state;
(4) Coordinate the budget functions of the state with performance management objectives;,
(5) Maximize efficiencies in departments, agencies, advisory councils and instrumentalities of the State by improving processes and prioritizing programs;
(6) Upon the written request of the governor, the director of the department of administration, or the director of the office of management and budget, the office shall conduct audits, provide management advisory and consulting services, or conduct investigations relative to the financial affairs or the efficiency of management, or both, of any state department or agency. The office may from time to time make such investigations and additional reports to the governor, the director of the department of administration or the director of the office of management and budget shall deem necessary or advisable.
35-1.1-3. Director of management and budget – Appointment and responsibilities. – (a) Within the department of administration there shall be a director of management and budget, who shall be appointed by the director of administration with the approval of the governor. The director shall be responsible to the governor and director of administration for supervising the office of management and budget and for managing and providing strategic leadership and direction to the budget officer, the performance management office, and the federal grants management office.
(b) The director of management and budget shall be responsible to:
(1) Oversee, coordinate and manage the functions of the budget officer as set forth by section 35-3, program performance management as set forth by section 35-3-24.1, approval of agreements with federal agencies defined by section 35-3-25 and budgeting, appropriation and receipt of federal monies as set forth by chapter 42-41;
(2)Manage federal fiscal proposals and guidelines, and serve as the State Clearinghouse for the application of federal grants; and,
(3) Maximize the indirect cost recoveries by state agencies set forth by section 35-4-23.1.
35-1.1-4. Offices and functions assigned to the office management and budget – Powers and duties. – (a) The offices assigned to the office of management and budget include the budget office, the performance management office and the federal grants management office.
(b) The offices assigned to the office of management and budget shall:
(1) Exercise their respective powers and duties in accordance with their statutory authority and the general policy established by the governor or by the director acting on behalf of the governor or in accordance with the powers and authorities conferred upon the director by this chapter;
(2) Provide such assistance or resources as may be requested or required by the governor and/or the director;
(3) Provide such records and information as may be requested or required by the governor and/or the director, to the extent allowed under the provisions of any applicable general or public law, regulation, or agreement relating to the confidentiality, privacy or disclosure of such records or information; and,
(c) Except as provided herein, no provision of this chapter or application thereof shall be construed to limit or otherwise restrict the budget officer from fulfilling any statutory requirement or complying with any valid rule or regulation.
35-1.1-5. Federal grants management. -- (a) The office of management and budget shall be responsible for managing federal grant applications, providing administrative assistance to agencies regarding reporting requirements, providing technical assistance and approving agreements with federal agencies pursuant to section 35-1-1. The director shall:
(1) Establish state goals and objectives for maximizing the utilization of federal aid programs;
(2) Ensure that the state establishes and maintains statewide federally-mandated grants management processes and procedures as mandated by the federal Office of Management and Budget;
(3) Promulgate procedures and guidelines for all state departments, agencies, advisory councils, instrumentalities of the state and public higher education institutions covering applications for federal grants;
(4) Require, upon request, any state department, agency, advisory council, instrumentality of the state or public higher education institution receiving a grant of money from the federal government to submit a report to the director of expenditures and program measures for the fiscal period in question;
(5) Ensure state departments and agencies adhere to the requirements of section 42-41-5 regarding Legislative appropriation authority and delegation thereof;
(6) Assist the state controller in managing and overseeing the disbursements of federal funds in accordance with section 35-6-42;
(7) Assist the state controller in the preparation of the statewide cost allocation plan and serve as the monitoring agency to ensure that state departments and agencies are working within the guidelines contained in the plan; and,
(8) Provide technical assistance to agencies to ensure resolution and closure of all single state audit findings and recommendations made by the Auditor General related to Federal funding.
(b) The office of management and budget shall serve as the State Clearinghouse for purposes of coordinating federal grants, aid and assistance applied for and/or received by any state department, agency, advisory council or instrumentality of the state. Any state department, agency, advisory council, or instrumentality of the state applying for federal funds, aids, loans, or grants shall file a summary notification of the intended application with the director.
(1) When as a condition to receiving federal funds, the state is required to match the federal funds, a statement shall be filed with the notice of intent or summary of the application stating:
(i) The amount and source of state funds needed for matching purposes;
(ii) The length of time the matching funds shall be required;
(iii) The growth of the program;
(iv) How the program will be evaluated;
(v) What action will be necessary should the federal funds be canceled, curtailed, or restricted; and,
(vi) Any other financial and program management data required by the office or by law.
(2) Except as otherwise required, any application submitted by an executive agency for federal funds, aids, loans, or grants which will require state matching or replacement funds at the time of application or at any time in the future, must be approved by the director or their designated agents prior to its filing with the appropriate federal agency. Any application submitted by an executive agency for federal funds, aids, loans, or grants which will require state matching or replacement funds at the time of application or at any time in the future, when funds have not been appropriated for that express purpose, must be approved by the General Assembly in accordance with section 42-41-5. When the general assembly is not in session, the application shall be reported to and reviewed by the Director pursuant to rules and regulations promulgated by the Director.
(3) When any federal funds, aids, loans, or grants are received by any state department, agency, advisory council or instrumentality of the state, a report of the amount of funds received shall be filed with the office; and this report shall specify the amount of funds which would reimburse an agency for indirect costs, as provided for under federal OMB Circular A-87.
(4) The director may refuse to issue approval for the disbursement of any state or federal funds from the State Treasury as the result of any application which is not approved as provided by this section, or in regard to which the statement or reports required by this section were not filed.
(5) The director shall be responsible for the orderly administration of this section and for issuing the appropriate guidelines and regulations from each source of funds used.
35-1.1-6. Office of Management and Budget expenses. -- (a) There is created a restricted receipt account for the office of management and budget to be known as OMB administrative expense account. Payments from the account shall be limited to expenses for administrative oversight and management of federal and state funds received by the state agencies..
(b) All amounts deposited in the office of management and budget accounts shall be exempt from the indirect cost recovery provisions of section 35-4-27.
(c) The office of management and budget is authorized to receive indirect costs on federal funds to cover oversight expenses
35-1.1-7. Appointment of employees. – The director of administration, subject to the provisions of applicable state law, shall be the appointing authority for all employees of the office of management and budget. The director of administration may delegate this function to such subordinate officers and employees of the office as may to him or her seem feasible or desirable.
35-1.1-8. Appropriations and disbursements. – The general assembly shall annually appropriate such sums as it may deem necessary for the purpose of carrying out the provisions of this chapter. The state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sum or sums, or so much thereof as may from time to time be required, upon receipt by him or her of proper vouchers approved by the director of the office of management and budget, or his or her designee.
35-1.1-9. Cooperation of other state executive branch agencies. – (a) The departments and other agencies of the state of the executive branch that have not been assigned to the executive office of management and budget under this chapter shall assist and cooperate with the executive office as may be required by the governor and/or requested by the director of management and budget, this assistance may include, but not be limited to, utilizing staff resources from other departments or agencies for special projects within a defined period of time to improve processes within agencies and/or lead to cost savings.
(b) Within thirty (30) days following the date of the issuance of a final audit report completed pursuant to subdivision 35-1.1-2(6) , the head of the department, agency or private entity audited shall respond in writing to each recommendation made in the final audit report. This response shall address the department's, agency's or private entity's plan of implementation for each specific audit recommendation and, if applicable, the reasons for disagreement with any recommendation proposed in the audit report. Within one year following the date on which the audit report was issued, the office may perform a follow-up audit for the purpose of determining whether the department, agency or private entity has implemented, in an efficient and effective manner, its plan of action for the recommendations proposed in the audit report.
35-1.1-10. Organizational reviews and special initiatives. – (a) The director of the office of management and budget is hereby directed to conduct research and analysis to study the programs of the department of transportation and other quasi-transportation related agencies not limited to bridge, vehicle and winter maintenance efficiencies and effectiveness. The director of the office of management and budget is authorized to consult with the appropriate federal agencies and departments that provide funds to, or delegate authority to, the state department of transportation and other quasi-transportation related agencies.
(b) This plan shall address the goal of improving efficiency of transportation programs; identifying similar programs that are being performed.
(c) The office of management and budget is directed to report findings, recommendations, and alternative designs to the governor and general assembly no later than November 1, 2012 with copies to the governor, speaker of the house, senate president, chairs of the house and senate finance committees and their respective fiscal advisors.
(d) The report shall include a strategic plan that outlines the mission, goals, the estimated cost and timelines to implement said recommendations, and the federal and state mandates associated with the current programs. The report shall provide a clear definition of roles and responsibilities, including those responsible for implementing the proposed recommendations. The analysis shall develop outcome measures and an appropriate timeline to measure implementation progress. It shall also include:
(1) An examination of the various organizational structures in other states, evaluating their strengths and weaknesses, and how they may or may not be applicable in Rhode Island. This should include an evaluation of the best practices regarding efficiencies.
(2) An analysis of what programs and responsibilities could be more efficiently implemented and managed. This should include, but not be limited to, strategies to reorganize and or centralize transportation programs.
(3) An evaluation of the federal, state and other revenues that support these programs, and the impacts on revenues and expenses associated with the alternatives and recommendations.
(e) The department of transportation and other quasi-transportation related agencies shall furnish such advice and information, documentary or otherwise, to the director of the office of management and budget as is deemed necessary or desirable to facilitate the purposes of the study.
35-1.1-11. Rules and regulations. – The office of management and budget shall be deemed an agency for purposes of section 42-35-1, et seq. of the Rhode Island general laws. The director shall make and promulgate such rules and regulations, and establish fee schedules not inconsistent with state law and fiscal policies and procedures as he or she deems necessary for the proper administration of this chapter and to carry out the policy and purposes thereof.
35-1.1-12. Severability. – If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not effect other provisions or applications of the chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
SECTION 6. Section 35-1-1 of the General Laws in Chapter 35-1 entitled “Fiscal Functions of Department of Administration” is hereby amended to read as follows:
35-1-1. Approval of
agreements with federal agencies. – No department or agency of the state
shall enter into an agreement with a federal agency involving state funds
without the approval of the director of
administration or the director's director
of the office of management and budget or his or her duly authorized
agents.
SECTION 7. Sections 35-3-1 and 35-3-24.1 of the General Laws in Chapter 35-3 entitled “State Budget” are hereby amended to read as follows:
35-3-1. Budget officer
– General powers and duties. – (a) Within the department of administration office
of management and budget there shall be a budget officer who shall
be appointed by the director of administration with the approval of the
governor. The budget officer shall be required to:
(1) Exercise budgetary control over all state departments and agencies and perform management analyses;
(2) Operate an appropriation allotment system;
(3) Prepare the annual budget of the receipts and expenditures of the state;
(4) Develop long term activity and financial programs, particularly capital improvement programs;
(5) Approve or disapprove all requests for new personnel and to investigate periodically the need of all existing positions in the state service and report thereon to the director of administration; and
(6) Prepare a five (5) year financial projection of anticipated general revenue receipts and expenditures, including detail of principal revenue sources and expenditures by major program areas, which projection shall be included in the budget submitted to the general assembly pursuant to § 35-3-7.
(b) The budget officer may approve or disapprove requisitions for equipment, materials, and supplies.
(c) The budget officer's duties and powers relating to budgetary controls and personnel requests of the legislative and judicial departments shall be purely ministerial, concerned only with the availability of the funds, and in no event shall the budget officer interpose his or her judgment regarding the wisdom or expediency of items of expenditure.
35-3-24.1 Program performance measurement. – (a) Beginning with the fiscal year ending June 30, 1997, the governor shall submit, as part of each budget submitted to the general assembly pursuant to § 35-3-7, performance objectives for each program in the budget for the ensuing fiscal year, estimated performance data for the fiscal year in which the budget is submitted, and actual performance data for the preceding two (2) completed fiscal years. Performance data shall include efforts at achieving equal opportunity hiring goals as defined in the department's annual affirmative action plan. The governor shall, in addition, recommend appropriate standards against which to measure program performance. Performance in prior years may be used as a standard where appropriate. These performance standards shall be stated in terms of results obtained.
(b) The governor may submit, in lieu of any part of the information required to be submitted pursuant to subsection (a), an explanation of why the information cannot, as a practical matter be submitted.
(c)(1) The office of management and budget shall be responsible for managing and collecting program performance measures on behalf of the governor. The office is authorized to conduct performance reviews and audits of agencies to determine progress towards achieving performance objectives for programs.
(2) In order to collect performance measures from agencies, review performance and provide recommendations the office of budget and management is authorized to coordinate with the bureau of audits regarding the findings and recommendations that result from audits conducted by the bureau.
SECTION 8. Section 36-4-2 of the General Laws in Chapter 36-4 entitled “Merit System” is hereby amended to read as follows:
36-4-2. Positions in unclassified service. – The classified service shall comprise all positions in the state service now existing or hereinafter established, except the following specific positions which with other positions heretofore or hereinafter specifically exempted by legislative act shall constitute the unclassified service:
(1) Officers and legislators elected by popular vote and persons appointed to fill vacancies in elective offices.
(2) Employees of both houses of the general assembly.
(3) Officers, secretaries, and employees of the office of the governor, office of the lieutenant governor, department of state, department of the attorney general, and the treasury department.
(4) Members of boards and commissions appointed by the governor, members of the state board of elections and the appointees of the board, members of the commission for human rights and the employees of the commission, and directors of departments.
(5) The following specific offices:
(i) In the department of administration: director, chief information officer, director of office of management and budget, and director of performance management;
(ii) In the department of business regulation: director;
(iii) In the department of elementary and secondary education: commissioner of elementary and secondary education;
(iv) In the department of higher education: commissioner of higher education;
(v) In the department of health: director;
(vi) In the department of labor and training: director, administrative assistant, administrator of the labor board and legal counsel to the labor board;
(vii) In the department of environmental management: director;
(viii) In the department of transportation: director;
(ix) In the department of human services: director and director of veterans' affairs;
(x) In the state properties committee: secretary;
(xi) In the workers' compensation court: judges, administrator, deputy administrator, clerk, assistant clerk, clerk secretary;
(xii) In the division of elderly affairs: director;
(xiii) In the department of behavioral healthcare, developmental disabilities and hospitals: director;
(xiv) In the department of corrections: director, assistant director (institutions/operations), assistant director (rehabilitative services), assistant director (administration), and wardens;
(xv) In the department of children, youth and families: director, one assistant director, one associate director, and one executive director;
(xvi) In the public utilities commission: public utilities administrator;
(xvii) In the water resources board: general manager;
(xviii) In the human resources investment council: executive director.
(xix) In the office of health and human services: secretary of health and human services.
(6) Chief of the hoisting engineers, licensing division, and his or her employees; executive director of the veterans memorial building and his or her clerical employees.
(7) One confidential stenographic secretary for each director of a department and each board and commission appointed by the governor.
(8) Special counsel, special prosecutors, regular and special assistants appointed by the attorney general, the public defender and employees of his or her office, and members of the Rhode Island bar occupying a position in the state service as legal counsel to any appointing authority.
(9) The academic and/or commercial teaching staffs of all state institution schools, with the exception of those institutions under the jurisdiction of the board of regents for elementary and secondary education and the board of governors for higher education.
(10) Members of the military or naval forces, when entering or while engaged in the military or naval service.
(11) Judges, referees, receivers, clerks, assistant clerks, and clerical assistants of the supreme, superior, family, and district courts, the traffic tribunal, security officers of the traffic tribunal, jurors and any persons appointed by any court.
(12) Election officials and employees.
(13) Executive high sheriff, chief deputy sheriff, sheriffs, deputy sheriffs, and other employees of the sheriffs division within the department of public safety.
(14) Patient or inmate help in state charitable, penal, and correctional institutions and religious instructors of these institutions and student nurses in training, residents in psychiatry in training, and clinical clerks in temporary training at the institute of mental health within the state of Rhode Island medical center.
(15)(i) Persons employed to make or conduct a temporary and special inquiry, investigation, project or examination on behalf of the legislature or a committee therefor, or on behalf of any other agency of the state if the inclusion of these persons in the unclassified service is approved by the personnel administrator. The personnel administrator shall notify the house fiscal advisor and the senate fiscal advisor whenever he or she approves the inclusion of a person in the unclassified service.
(ii) The duration of the appointment of a person, other than the persons enumerated in this section, shall not exceed ninety (90) days or until presented to the department of administration. The department of administration may extend the appointment another ninety (90) days. In no event shall the appointment extend beyond one hundred eighty (180) days.
(16) Members of the division of state police within the department of public safety.
(17) Executive secretary of the Blackstone Valley district commission.
(18) Artist and curator of state owned art objects.
(19) Mental health advocate.
(20) Child advocate.
(21) The position of aquaculture coordinator and marine infrastructure specialist within the coastal resources management council.
(22) Employees of the office of the health insurance commissioner.
(23) In the department of revenue: the director, secretary, attorney.
(24) In the department of public safety: the director.
SECTION 9. Section 42-11-2.4 of the General Laws in Chapter 42-11 entitled "Department of Administration" is hereby amended to read as follows:
42-11-2.4. State Fleet Replacement Revolving Loan Fund. -- (a) There is hereby created as a separate fund within the treasury to be known as the state fleet replacement revolving loan fund which shall be administered by the general treasurer in accordance with the same laws and fiscal procedures as the general funds of the state. This fund, hereafter referred to as the "revolving loan fund", shall consist of such sums as the state may from time to time appropriate, as well as money received from the disposal of used vehicles, loan, interest and service charge payments from benefiting state agencies, as well as interest earnings, money received from the federal government, gifts, bequests, donations, or otherwise from any public or private source.
(b) This fund shall be used for the purpose of acquiring motor vehicles, both new and used, and vehicle-related equipment and attachments for state departments and agencies.
(c) The proceeds from the repayment of any loans made for the purposes authorized under this chapter shall be deposited in and returned to the revolving loan fund in order to constitute a continuing revolving fund for the purposes listed above.
(d) The office of state fleet operations of the Rhode Island department of administration shall adopt rules and regulations consistent with the purposes of this chapter and chapter 35 of title 42, in order to provide for the orderly and equitable disbursement and repayment of funds from the revolving loan fund.
(e) Provided; however, a total of four million two hundred thousand dollars ($4,200,000) shall be made available for the required twenty percent (20%) match for the Rhode Island Public Transit Authority to obtain federal funds to purchase buses through FY 2017.
SECTION 10. Chapter 42-11 of the general laws entitled, “Department of Administration” is hereby amended by adding thereto the following section:
42-11-2.6. Office of Digital Excellence established.-- (a) Within the department there shall be established the Office of Digital Excellence. The purposes of the office shall be to move RI state government into the 21st century through the incorporation of innovation and modern digital capabilities throughout state government and to leverage technology to expand and improve the quality of services provided to RI citizens, to promote greater access to government and the internet throughout cities and towns, and to position Rhode Island as a national leader in e-government.
(b) Within the office there shall be a chief digital officer who shall be appointed by the director of administration with the approval of the governor and who shall be in the unclassified service. The chief digital officer shall be required to:
(1) Manage the implementation of all new and mission critical technology infrastructure projects and upgrades for state agencies. The division of information technology established pursuant to executive order 04-06 shall continue to manage and support all day-to-day operations of the state’s technology infrastructure, telecommunications, and associated applications;
(2) Increase the number of government services that can be provided online in order to allow residents and businesses to complete transactions in a more efficient and transparent manner;
(3) Improve the state’s websites to provide timely information to online users and as many government services as possible online; and
(4) Establish, improve and enhance the state’s use of social media and mobile technological applications.
(c) The office shall coordinate its efforts with the division of information technology in order to plan, allocate and implement projects supported by the information technology investment fund established pursuant to 42-11-2.5.
(d) All intellectual property created as a result of work undertaken by employees of the office shall remain the property of the state of Rhode Island and Providence Plantations. Any patents applied for shall be in the name of the state.
(e) The director of administration may promulgate rules and regulations recommended by the chief digital officer in order to effectuate the purposes and requirements of this act.
(f) The chief digital officer shall report no later than January 31, 2013 and every January 31 thereafter to the governor, the speaker of the house of representatives and the senate president regarding the implementation status of all technology infrastructure projects, website improvements, number of e-government transactions and revenues generated, projects supported by the information technology investment fund and all other activities undertaken by the office. The annual report shall be posted on the office’s website.
SECTION 11. Chapter 42-12 of the General Laws entitled “Department of Human Services” is hereby amended by adding thereto the following section:
42-12-1.5. Transfer of functions from the office of energy resources. – (a) There is hereby transferred from the office of energy resources to the department of human services the administration, management, all functions and resources associated with :
(1) The federal low-income home energy assistance program (LIHEAP), which provides heating assistance to eligible low-income persons and any state funded or privately funded heating assistance program of a similar nature assigned to it for administration;
(2) The weatherization assistance program, which offers home weatherization grants and heating system upgrades to LIHEAP eligible households; and,
(3) The emergency fuel program, which provides oil deliveries to families experiencing a heating emergency.
(b) The department is authorized to request advisory assistance from the office of energy resources in order to maintain continuity of assistance provided to LIHEAP eligible households pursuant to section 39-2-1(d).
SECTION 12. Sections 23-82-3, 23-82-4 and 23-82-6 of the General Laws in Chapter 23-82 entitled "Implementation of the Regional Greenhouse Gas Initiative Act" are hereby amended to read as follows:
23-82-3. Definitions. -- As used in this chapter:
(1) "Allowance" means an authorization to emit a fixed amount of carbon dioxide;
(2) "Department" means department of environmental management;
(3) "Regional greenhouse gas initiative" or "RGGI" means the memorandum of understanding (MOU) dated December 20, 2005, as may be amended, and corresponding model rule, as may be amended, that establishes an electric power sector carbon emissions cap and trade program.
(4) "Office" means the office of energy resources; and
(5) "Council" means the energy efficiency and resources management council.
(6) "Board" means the renewable energy coordinating board established pursuant to chapter 42-140.3.
23-82-4. Regional
greenhouse gas initiative implementation. -- (a) The department shall,
in consultation with the public utilities commission, the office, and the
council, and board, through rules and
regulations, establish the state's rules for participation in RGGI.
(b) The department's rules and regulations for participation in a carbon cap and trade program shall be designed to meet the mutual understandings and commitments for participation in RGGI, and permit the holders of carbon allowances to trade them in a regional market to be established through the RGGI.
(c) The department's rules and
regulations shall ensure that the carbon allowances under this program and the
revenues associated with their sale are used exclusively for the purposes
contained in this legislation.
(d)(c) The responsibilities created by implementing
RGGI shall be in addition to all other responsibilities imposed by any other
general or special law or rule or regulation and shall not diminish or reduce
any power or authority of the department, including the authority to adopt
standards and regulations necessary for the state to join and fully participate
in any multi-state program, at any stage in the development and implementation
of such a program, intended to control emissions of carbon dioxide and/or other
substances that are determined by the department to be damaging and/or altering
the climate.
23-82-6. Use of
auction or sale proceeds. -- (a) The proceeds from the auction or sale
of the allowances shall be used for the benefit of energy consumers through
investment in the most cost-effective available projects that can reduce
long-term consumer energy demands and costs. Such proceeds may be used only for
the following purposes, in a proportion to be determined annually by the office
in consultation with the council and the department board:
(1) Promotion of cost-effective energy efficiency and conservation in order to achieve the purposes of section 39-1-27.7;
(2) Promotion of cost-effective renewable non-carbon emitting
energy technologies in Rhode Island as
defined in Rhode Island general law
section 39-26-5 and to achieve the purposes of
chapter 39-26 entitled "Renewable Energy Standard";
(3) Cost-effective direct rate relief for consumers;
(4) Direct rate relief for low-income consumers;
(5) Reasonable compensation to an entity selected to administer the auction or sale; and
(6) Reasonable costs of the department and office in administering this program, which shall not in any year exceed three hundred thousand dollars ($300,000) or five percent (5%) of the proceeds from sale or auction of the allowances, whichever is less. Administrative funds not expended in any fiscal year shall remain in the administrative account to be used as needed in subsequent years. The office of energy resources shall have the ability to apply administrative funds not used in a fiscal year to achieve the purpose of this section. The funds deposited into the administrative funds account shall be exempt from the indirect cost recovery provisions of section 35-4-27.
(b) Any interest earned on the funds so generated must be credited to the fund. Funds not spent in any fiscal year shall remain in the fund to be used for future energy efficiency and carbon reduction programs.
(c) Annually, the office, in consultation with the department and the council and board, shall prepare a draft proposal on how
the proceeds from the allowances shall be allocated. The draft proposal shall
be designed to augment and coordinate with existing energy efficiency and
renewable energy low-income programs, and
shall not propose use of auction proceeds for projects already funded under
other programs. The proposal for allocation of proceeds in subsections
23-82-6(1), (2) and (3) shall be one that best achieves the purposes of the law,
namely, lowering carbon emissions and minimizing costs to consumers over the
long term. The office shall hold a public hearing and accept public comment on
the draft proposal in accordance with chapter 42-35 (the "Administrative
Procedure Act"). Once the proposal is final, the department office
shall authorize the disbursement of funds in accordance with the final plan.
(d) The office shall prepare, in consultation with the department and the council and board, a report by January 1st April 15th
of each year describing the implementation and operation of RGGI, the revenues
collected and the expenditures, including funds
that were allocated to the energy efficiency and renewable energy programs, and
the individuals, businesses and vendors that received funding, made
under this section, the statewide energy efficiency and carbon reduction
programs, and any recommendations for changes to law relating to the state's
energy conservation or carbon reduction efforts. The report shall be made
public and be posted electronically on the website
of the office of energy resources and shall also be submitted to the
general assembly.
SECTION 13. Section 39-1-27.7 of the General Laws in Chapter 39-1 entitled "Public Utilities Commission" is hereby amended to read as follows:
39-1-27.7. System reliability and least-cost procurement. -- Least-cost procurement shall comprise system reliability and energy efficiency and conservation procurement as provided for in this section and supply procurement as provided for in section 39-1-27.8, as complementary but distinct activities that have as common purpose meeting electrical and natural gas energy needs in Rhode Island, in a manner that is optimally cost-effective, reliable, prudent and environmentally responsible.
(a) The commission shall establish not later than June 1, 2008, standards for system reliability and energy efficiency and conservation procurement, which shall include standards and guidelines for:
(1) System reliability procurement, including but not limited to:
(i) Procurement of energy supply from diverse sources, including, but not limited to, renewable energy resources as defined in chapter 26 of this title;
(ii) Distributed generation, including, but not limited to, renewable energy resources and thermally leading combined heat and power systems, which is reliable and is cost-effective, with measurable, net system benefits;
(iii) Demand response, including, but not limited to, distributed generation, back-up generation and on-demand usage reduction, which shall be designed to facilitate electric customer participation in regional demand response programs, including those administered by the independent service operator of New England ("ISO-NE") and/or are designed to provide local system reliability benefits through load control or using on-site generating capability;
(iv) To effectuate the purposes of this division, the commission may establish standards and/or rates (A) for qualifying distributed generation, demand response, and renewable energy resources; (B) for net-metering; (C) for back-up power and/or standby rates that reasonably facilitate the development of distributed generation; and (D) for such other matters as the commission may find necessary or appropriate.
(2) Least-cost procurement, which shall include procurement of energy efficiency and energy conservation measures that are prudent and reliable and when such measures are lower cost than acquisition of additional supply, including supply for periods of high demand.
(b) The standards and guidelines provided for by subsection (a) shall be subject to periodic review and as appropriate amendment by the commission, which review will be conducted not less frequently than every three (3) years after the adoption of the standards and guidelines.
(c) To implement the provisions of this section:
(1) The commissioner of the office of energy resources and the energy efficiency and resources management council, either or jointly or separately, shall provide the commission findings and recommendations with regard to system reliability and energy efficiency and conservation procurement on or before March 1, 2008, and triennially on or before March 1, thereafter through March 1, 2017. The report shall be made public and be posted electronically on the website to the office of energy resources.
(2) The commission shall issue standards not later than June 1, 2008, with regard to plans for system reliability and energy efficiency and conservation procurement, which standards may be amended or revised by the commission as necessary and/or appropriate.
(3) The energy efficiency and resources management council shall prepare by July 15, 2008, a reliability and efficiency procurement opportunity report which shall identify opportunities to procure efficiency, distributed generation, demand response and renewables, which report shall be submitted to the electrical distribution company, the commission, the office of energy resources and the joint committee on energy.
(4) Each electrical and natural gas distribution company shall submit to the commission on or before September 1, 2008, and triennially on or before September 1, thereafter through September 1, 2017, a plan for system reliability and energy efficiency and conservation procurement. In developing the plan, the distribution company may seek the advice of the commissioner and the council. The plan shall include measurable goals and target percentages for each energy resource, pursuant to standards established by the commission, including efficiency, distributed generation, demand response, combined heat and power, and renewables. The plan shall be made public and be posted electronically on the website to the office of energy resources, and shall also be submitted to the general assembly.
(5) The commission shall issue an order approving all energy efficiency measures that are cost effective and lower cost than acquisition of additional supply, with regard to the plan from the electrical and natural gas distribution company, and reviewed and approved by the energy efficiency and resources management council, and any related annual plans, and shall approve a fully reconciling funding mechanism to fund investments in all efficiency measures that are cost effective and lower cost than acquisition of additional supply, not greater than sixty (60) days after it is filed with the commission.
(6) Each electrical and natural gas distribution company shall provide a status report, which shall be public, on the implementation of least cost procurement on or before December 15, 2008, and on or before February 1, 2009, to the commission, the division, the commissioner of the office of energy resources and the energy efficiency and resources management council which may provide the distribution company recommendations with regard to effective implementation of least cost procurement. The report shall include the targets for each energy resource included in the order approving the plan and the achieved percentage for energy resource, including the achieved percentages for efficiency, distributed generation, demand response, combined heat and power, and renewables as well as the current funding allocations for each eligible energy resource and the businesses and vendors in Rhode Island participating in the programs. The report shall be posted electronically on the website of the office of energy resources.
(d) If the commission shall determine that the implementation of system reliability and energy efficiency and conservation procurement has caused or is likely to cause under or over-recovery of overhead and fixed costs of the company implementing said procurement, the commission may establish a mandatory rate adjustment clause for the company so affected in order to provide for full recovery of reasonable and prudent overhead and fixed costs.
(e) The commission shall conduct a contested case proceeding to establish a performance based incentive plan which allows for additional compensation for each electric distribution company and each company providing gas to end-users and/or retail customers based on the level of its success in mitigating the cost and variability of electric and gas services through procurement portfolios.
SECTION 14. Section 39-2-1.2 of the General Laws in Chapter 39-2 entitled "Duties of Utilities and Carriers" is hereby amended to read as follows:
39-2-1.2. Utility base rate -- Advertising, demand side management and renewables. -- (a) In addition to costs prohibited in section 39-1-27.4(b), no public utility distributing or providing heat, electricity, or water to or for the public shall include as part of its base rate any expenses for advertising, either direct or indirect, which promotes the use of its product or service, or is designed to promote the public image of the industry. No public utility may furnish support of any kind, direct, or indirect, to any subsidiary, group, association, or individual for advertising and include the expense as part of its base rate. Nothing contained in this section shall be deemed as prohibiting the inclusion in the base rate of expenses incurred for advertising, informational or educational in nature, which is designed to promote public safety conservation of the public utility's product or service. The public utilities commission shall promulgate such rules and regulations as are necessary to require public disclosure of all advertising expenses of any kind, direct or indirect, and to otherwise effectuate the provisions of this section.
(b) Effective as of January 1, 2008, and for a period of ten (10) years thereafter, each electric distribution company shall include charges per kilowatt-hour delivered to fund demand side management programs and 0.3 mills per kilowatt-hour delivered to fund renewable energy programs. The electric distribution company shall establish and after July 1, 2007, maintain two (2) separate accounts, one for demand side management programs, which shall be administered and implemented by the distribution company, subject to the regulatory reviewing authority of the commission, and one for renewable energy programs, which shall be administered by the economic development corporation pursuant to section 42-64-13.2 and, shall be held and disbursed by the distribution company as directed by the economic development corporation for the purposes of developing, promoting and supporting renewable energy programs.
During the ten (10) year period the commission may, in its
discretion, after notice and public hearing, increase the sums for demand side
management and renewable resources; thereafter, the commission shall, after
notice and public hearing, determine the appropriate charge for these programs.
The office of energy resources and/or the administrator of the renewable energy
programs may seek to secure for the state an equitable and reasonable portion
of renewable energy credits or certificates created by private projects funded
through those programs. As used in this section, "renewable energy
resources" shall mean: (1) power generation technologies as defined in
section 39-26-5, "eligible renewable energy resources", including
off-grid and on-grid generating technologies located in Rhode Island as a
priority; (2) research and development activities in Rhode Island pertaining to
eligible renewable energy resources and to other renewable energy technologies
for electrical generation; or (3) projects and activities directly related to
implementing eligible renewable energy resources projects in Rhode Island.
Technologies for converting solar energy for space heating or generating
domestic hot water may also be funded through the renewable energy programs, so long as these technologies are installed on housing
projects that have been certified by the executive director of the Rhode Island housing and mortgage finance corporation as serving low-income Rhode Island residents. Fuel cells may be considered an energy efficiency
technology to be included in demand sided management programs. Special rates
for low-income customers in effect as of August 7, 1996 shall be continued, and
the costs of all of these discounts shall be included in the distribution rates
charged to all other customers. Nothing in this section shall be construed as
prohibiting an electric distribution company from offering any special rates or
programs for low-income customers which are not in effect as of August 7, 1996,
subject to the approval by the commission.
(c) On or before November 15, 2008,
the economic development corporation shall create the municipal renewable
energy investment program utilizing the lesser of fifty percent (50%) or one
million dollars ($1,000,000) collected annually from the .3 mils per kilo-watt
hour charge for renewable energy programs, to fund qualified municipal
renewable energy projects in accordance with this chapter and the following
provisions:
(1) The municipal renewable energy
investment programs shall be administered pursuant to rules established by the
economic development corporation. Said rules shall provide transparent criteria
to rank qualified municipal renewable energy projects, giving consideration to:
(i) the feasibility of project
completion;
(ii) the anticipated amount of
renewable energy the project will produce;
(iii) the potential of the project to
mitigate energy costs over the life of the project; and
(iv) the estimated cost per kilo-watt
hour (kwh) of the energy produced from the project. Municipalities that have
not previously received financing from this program shall be given priority
over those municipalities that have received funding under this program.
(2) Beginning on January 1, 2009, the
economic development corporation shall solicit proposals from municipalities
for eligible projects and shall award grants, in accordance with the rules and
ranking criteria, of no more than five hundred thousand dollars ($500,000) to
each eligible project.
(3) Any funds not expended from the
municipal renewable energy investment programs in a given year shall remain in
the fund and be added to the balance to be distributed in the next award cycle.
For the purposes of this section, qualified municipal renewable energy projects
means any project that produces renewable energy resources and whose output of
power and other attributes is controlled in its entirety by at least one Rhode
Island city or town.
(d) On or before November 15, 2008,
the economic development corporation shall create the nonprofit affordable
housing renewable energy investment program utilizing the lesser of ten percent
(10%) or two hundred thousand dollars ($200,000) collected annually from the.3
mils per kilo-watt hour charge for renewable energy programs to fund qualified
nonprofit affordable housing renewable energy projects in accordance with this
chapter and the following provisions:
(1) The nonprofit affordable housing
renewable energy investment programs shall be administered pursuant to rules
established by the economic development corporation in
consultation with the Rhode Island housing mortgage
finance corporation. Said rules shall provide transparent criteria
to rank qualified nonprofit affordable housing
renewable energy projects, giving consideration to:
(i) the feasibility of project completion;
(ii) the anticipated amount of renewable energy the project will produce;
(iii) the potential of the project to mitigate energy costs over the life of the project; and
(iv) the estimated cost per kilo-watt hour (kwh) of the energy
produced from the project. Nonprofit affordable
housing agencies that have not previously received financing from this program
shall be given priority over those agencies that have received funding under
this program.
(2) Beginning on January 1, 2009, the
economic development corporation, in consultation with the Rhode Island housing
and mortgage finance corporation, shall solicit proposals from eligible
nonprofit housing agencies for renewable energy projects and shall award
grants, in accordance with the rules and ranking criteria. The economic
development corporation shall consult with the Rhode Island housing and
mortgage finance corporation in the grant-making process and shall notify the
corporation of the awardees.
(3) Any funds not expended from the
affordable housing renewable energy investment program in a given year shall
remain in the fund and be added to the balance to be distributed in the next
award cycle. For the purposes of this section, "qualified nonprofit
affordable housing renewable energy projects" means any project that
produces renewable energy resources and whose output of power and other
attributes is controlled in its entirety by at least one nonprofit affordable
housing development as defined in section 42-55-3 and is restricted to
producing energy for the nonprofit affordable housing development.
(e)(d) The executive director of the economic
development corporation is authorized and may enter into a contract with a
contractor for the cost effective administration of the renewable energy
programs funded by this section. A competitive bid and contract award for
administration of the renewable energy programs may occur every three (3) years
and shall include as a condition that after July 1, 2008 the account for the
renewable energy programs shall be maintained and administered by the economic
development corporation as provided for in subdivision (b) above.
(f)(e) Effective January 1, 2007, and for a period
of eleven (11) years thereafter, each gas distribution company shall include,
with the approval of the commission, a charge per deca therm delivered to
demand side management programs, including, but not limited to, programs for
cost-effective energy efficiency, energy conservation, combined heat and power
systems, and weatherization services for low income households.
(g)(f) The gas company shall establish a separate
account for demand side management programs, which shall be administered and
implemented by the distribution company, subject to the regulatory reviewing
authority of the commission. The commission may establish administrative
mechanisms and procedures that are similar to those for electric demand side
management programs administered under the jurisdiction of the commissions and
that are designed to achieve cost-effectiveness and high life-time savings of
efficiency measures supported by the program.
(h)(g) The commission may, if reasonable and
feasible, except from this demand side management change
charge:
(i) gas used for distribution generation; and
(ii) gas used for the manufacturing processes, where the customer has established a self-directed program to invest in and achieve best effective energy efficiency in accordance with a plan approved by the commission and subject to periodic review and approval by the commission, which plan shall require annual reporting of the amount invested and the return on investments in terms of gas savings.
(i)(h) The commission may provide for the
coordinated and/or integrated administration of electric and gas demand side
management programs in order to enhance the effectiveness of the programs. Such
coordinated and/or integrated administration may after March 1, 2009, upon the
recommendation of the office of energy resources, be through one or more
third-party entities designated by the commission pursuant to a competitive
selection process.
(j)(i) Effective January 1, 2007, the commission
shall allocate from demand-side management gas and electric funds authorized
pursuant to this section 39-2-1.2, an amount not to exceed two percent (2%) of
such funds on an annual basis for the retention of expert consultants, and
reasonable administrations costs of the energy efficiency and resources
management council associated with planning, management, and evaluation of
energy efficiency programs, renewable energy programs and , system
reliability least-cost procurement, and with regulatory proceedings,
contested cases, and other actions pertaining to the purposes, powers and
duties of the council, which allocation may by mutual agreement, be used in
coordination with the office of energy resources to support such activities.
(j) Effective January 1, 2013, the commission shall annually allocate from the administrative funding amount allocated in (i) from the demand-side management program as described in subsection (i) as follows: sixty percent (60%) for the purposes identified in subsection (i) and forty percent (40%) annually to the office of energy resources for activities associated with planning management, and evaluation of energy efficiency programs, renewable energy programs, system reliability, least-cost procurement, and with regulatory proceedings, contested cases, and other actions pertaining to the purposes, powers and duties of the office of energy resources.
(k) On April 15, of each year the office and the council shall submit to the governor, the president of the senate, and the speaker of the house of representatives, separate financial and performance reports regarding the demand-side management programs, including the specific level of funds that were contributed by the residential, municipal, and commercial and industrial sectors to the overall programs, the businesses, vendors, and institutions that received funding from demand-side management gas and electric funds used for the purposes in section 39-2-1.2; and the businesses, vendors, and institutions that received the administrative funds for the purposes in sections 39-2-1.2(i) and 39-2-1.2(j). These reports shall be posted electronically on the websites of the office of energy resources and the energy efficiency resources management council.
SECTION 15. Section 39-26-7 of the General Laws in Chapter 39-26 entitled "Renewable Energy Standard" is hereby amended to read as follows:
39-26-7. Renewable
energy development fund. -- (a) There is hereby authorized and created
within the economic development corporation a renewable energy development fund
for the purpose of increasing the supply of NE-GIS certificates available for
compliance in future years by obligated entities with renewable energy standard
requirements, as established in this chapter. The fund shall be located at and
administered by the Rhode Island economic development corporation in accrodance accordance
with section 42-64-13.2. The economic development corporation shall:
Adopt plans and guidelines for the management and use of the fund in accordance with section 42-64-13.2, and
(b) The economic development corporation shall enter into agreements with obligated entities to accept alternative compliance payments, consistent with rules of the commission and the purposes set forth in this section; and alternative compliance payments received pursuant to this section shall be trust funds to be held and applied solely for the purposes set forth in this section.
(c) The uses of the fund shall include but not be limited to:
(1) Stimulating investment in renewable energy development by entering into agreements, including multi-year agreements, for renewable energy certificates;
(2) Establishing and maintaining a residential renewable energy program using eligible technologies in accordance the section 39-26-5;
(3) Providing technical and financial assistance to municipalities for interconnection and feasibility studies, and/or the installation of renewable energy projects;
(2)(4) Issuing assurances and/or guarantees to
support the acquisition of renewable energy certificates and/or the development
of new renewable energy sources for Rhode Island;
(3)(5) Establishing escrows, reserves, and/or
acquiring insurance for the obligations of the fund;
(4)(6) Paying administrative costs of the fund
incurred by the economic development corporation, the board of trustees, or the
office of energy resources, not to exceed ten percent (10%) of the income of
the fund, including, but not limited to, alternative compliance payments. All
funds transferred from the economic development corporation to support the
office of energy resources' administrative costs shall be deposited as
restricted receipts.
(d) NE-GIS certificates acquired through the fund may be conveyed to obligated entities or may be credited against the renewable energy standard for the year of the certificate provided that the commission assesses the cost of the certificates to the obligated entity, or entities, benefiting from the credit against the renewable energy standard, which assessment shall be reduced by previously made alternative compliance payments and shall be paid to the fund.
SECTION 16. Section 42-64-13.2 of the General Laws in Chapter 42-64 entitled "Rhode Island Economic Development Corporation" is hereby amended to read as follows:
42-64-13.2. Renewable energy investment coordination. -- (a) Intent. - To develop an integrated organizational structure to secure for Rhode Island and its people the full benefits of cost-effective renewable energy development from diverse sources.
(b) Definitions. - For purposes of this section, the following words and terms shall have the meanings set forth in RIGL 42-64-3 unless this section provides a different meaning. Within this section, the following words and terms shall have the following meanings:
(1) "Corporation" means the Rhode Island economic development corporation.
(2) "Municipality" means any city or town, or other political subdivision of the state.
(3) "Office" means the office of energy resources established by chapter 42-140.
(c) Purpose. - The corporation is
authorized to integrate the management of public funds to promote the expansion
and sound development of renewable energy resources by providing coordinated
and cost-effective use of funds from:
(1) The renewable energy program of
the demand side management program as set forth in section 39-2-1.2; and
(2) The renewable energy development
fund of the renewable energy standard, as set forth in chapter 39-26.
(3) The office of energy resources
from the sale of allowances under the greenhouse gas initiative act to the
extent available for renewable energy, as set forth in chapter 23-82.
(d)(b) Renewable energy development fund. - The
corporation shall, in the furtherance of its responsibilities to promote and
encourage economic development, establish and administer a renewable energy
development fund as provided for in section 39-26-7, may exercise the powers
set forth in this chapter, as necessary or convenient to accomplish this
purpose, and shall provide such administrative support as may be needed for the
coordinated administration of the renewable energy standard as provided for in
chapter 39-26 and the renewable energy program established by section 39-2-1.2.
The corporation may upon the request of any person undertaking a renewable
energy facility project, grant project status to the project, and a renewable
energy facility project, which is given project status by the corporation,
shall be deemed an energy project of the corporation.
(e)(c) Duties. - The corporation shall, with regards
to renewable energy project investment:
(1) Establish by rule, in consultation with the office, standards for financing renewable energy projects from diverse sources.
(2) Enter into agreements, consistent with this chapter and renewable energy investment plans adopted by the office, to provide support to renewable energy projects that meet applicable standards established by the corporation. Said agreements may include contracts with municipalities and public corporations.
(f)(d) Conduct of activities.
(1) To the extent reasonable and practical, the conduct of activities under the provisions of this chapter shall be open and inclusive; the director shall seek, in addressing the purposes of this chapter, to involve the research and analytic capacities of institutions of higher education within the state, industry, advocacy groups, and regional entities, and shall seek input from stakeholders including, but not limited to, residential and commercial energy users.
(2) By January 1, 2009, the director shall adopt:
(A) Goals for renewable energy facility investment which is beneficial, prudent, and from diverse sources;
(B) A plan for a period of five (5) years, annually upgraded as appropriate, to meet the aforementioned goals; and
(C) Standards and procedures for evaluating proposals for renewable energy projects in order to determine the consistency of proposed projects with the plan.
(g) Reporting. - On March 1, of each year after the effective date of this chapter, the corporation shall submit to the governor, the president of the senate, the speaker of the house of representatives, and the secretary of state, a financial and performance report. These reports shall be posted electronically on the general assembly and the secretary of state's websites as prescribed in section 42-20-8.2. The reports shall set forth:
(1) The corporation's receipts and expenditures in each of the renewable energy program funds administered in accordance with this section.
(2) A listing of all private consultants engaged by the corporation on a contract basis and a statement of the total amount paid to each private consultant from the two (2) renewable energy funds administered in accordance with this chapter; a listing of any staff supported by these funds, and a summary of any clerical, administrative or technical support received; and
(3) A summary of performance during the prior year including accomplishments and shortcomings; project investments, the cost-effectiveness of renewable energy investments by the corporation; and recommendations for improvement.
SECTION 17. Sections 42-140-3, 42-140-7 and 42-140-9 of the General Laws in Chapter 42-140 entitled "Rhode Island Energy Resources Act" are hereby amended to read as follows:
42-140-3. Purposes. -- The purposes of the office shall be to:
(1) Develop and put into effect plans and programs to promote, encourage, and assist the provision of energy resources for Rhode Island in a manner that enhances economic well-being, social equity, and environmental quality;
(2) Monitor, forecast, and report on energy use, energy prices, and energy demand and supply forecasts, and make findings and recommendations with regard to energy supply diversity, reliability, and procurement, including least-cost procurement;
(3) Develop and to put into effect plans and programs to promote, encourage and assist the efficient and productive use of energy resources in Rhode Island, and to coordinate energy programs for natural gas, electricity, and heating oil to maximize the aggregate benefits of conservation and efficiency of investments;
(4) Monitor and report technological developments that may result in new and/or improved sources of energy supply, increased energy efficiency, and reduced environmental impacts from energy supply, transmission and distribution;
(5) Administer the programs, duties, and responsibilities heretofore exercised by the state energy office, except as these may be assigned by executive order or the general laws to other departments and agencies of state government;
(6) Develop, recommend and, as appropriate, implement integrated and/or comprehensive strategies, including at regional and federal levels, to secure Rhode Island's interest in energy resources, their supply and efficient use, and as necessary to interact with persons, private sector, non-profit, regional, federal entities and departments and agencies of other states to effectuate this purpose;
(7) Cooperate with agencies, departments, corporations, and entities of the state and of political subdivisions of the state in achieving its purposes;
(8) Cooperate with and assist the state planning council and the division of state planning in developing, maintaining, and implementing state guide plan elements pertaining to energy and renewable energy;
(9) Coordinate the energy efficiency, renewable energy, least cost procurement, and systems reliability plans and programs with the energy efficiency resource management council and the renewable energy coordinating board;
(10) Participate in, monitor implementation of, and provide technical assistance for the low-income home energy assistance program enhancement plan established pursuant to section 39-1-27.12;
(11) Participate in and monitor the distributed generation standard contracts program pursuant to chapter 39-26-2;
(12) Coordinate opportunities with and enter into contracts and/or agreements with the economic development corporation associated with the energy efficiency, least-cost procurement, system reliability, and renewable energy fund programs;
(13) Provide support and information to the division of planning and the state planning council in development of a ten (10) year Rhode Island Energy Guide Plan, which shall be reviewed and amended if necessary every five (5) years;
(14) Provide funding support if necessary to the renewable energy coordinating board and/or the advisory council to carry out the objectives pursuant to chapter 42-140-3;
(9)(15) Administer, as
assigned by law or executive order, state and federally funded or authorized
energy programs, which may include, but not be limited to Advise and provide technical assistance to state and
federally funded energy program to support:
(i) The federal low-income home energy assistance program which provides heating assistance to eligible low-income persons and any state funded or privately funded heating assistance program of a similar nature assigned to it for administration;
(ii) The weatherization assistance program which offers home weatherization grants and heating system upgrades to eligible persons of low-income;
(iii) The emergency fuel program which provides oil deliveries to families experiencing a heating emergency;
(iv) The energy conservation program, which offers service and programs to all sectors; and
(v) [Deleted by P.L. 2008, ch. 228, section 2, and P.L. 2008, ch. 422, section 2.]
(10)(16) Advise the economic development corporation
in the development of standards and rules for the solicitation and award of
renewable energy program investment funds in accordance with section
42-64-13.2;
(11)(17) Develop, recommend, and evaluate energy
programs for state facilities and operations in order to achieve and
demonstrate the benefits of energy-efficiency, diversification of energy
supplies, energy conservation, and demand management; and
(12)(18) Advise the governor and the general assembly
with regard to energy resources and all matters relevant to achieving the
purposes of the office.
42-140-7. Conduct of activities. -- (a) To the extent reasonable and practical, the conduct of activities under the provisions of this chapter shall be open and inclusive; the commissioner and the council shall seek in addressing the purposes of the office to involve the research and analytic capacities of institutions of higher education within the state, industry, advocacy groups, and regional entities, and shall seek input from stakeholders including, but not limited to, residential and commercial energy users.
(b) The commissioner shall transmit any unencumbered funds from the renewable energy program under chapter 39-2 to the economic development corporation to be administered in accordance with a the provisions of section 39-2-1.2.
42-140-9. Adoption of
rules. -- The commissioner shall have the authority to adopt, amend, and
implement such rules as may be necessary to desirable to effectuate the
purposes of this chapter. In any rule making by the commissioner, the
commissioner shall consider as a matter of record the advise advice
of the energy resources council and the renewable
energy coordinating board.
SECTION 18. The Administration shall submit to the Chairpersons of the House and Senate Finance Committees by November 1, 2012, a plan to transfer the Rhode Island Public Telecommunications Authority from state to private support as part of the FY 2014 budget process and include any statutory language required to support the transaction.
SECTION 19. Section 23-27.3-108.2 of the General Laws in Chapter 23-27.3 entitled "State Building Code" is hereby amended to read as follows:
23-27.3-108.2. State building commissioner's duties. -- (a) This code shall be enforced by the state building commissioner as to any structures or buildings or parts thereof that are owned or are temporarily or permanently under the jurisdiction of the state or any of its departments, commissions, agencies, or authorities established by an act of the general assembly, and as to any structures or buildings or parts thereof that are built upon any land owned by or under the jurisdiction of the state.
(b) Permit fees for the projects shall be established by the committee. The fees shall be deposited as general revenues.
(c)(1) The local cities and towns shall charge each permit applicant an additional .1 (.001) percent (levy) of the total construction cost for each permit issued. The levy shall be limited to a maximum of fifty dollars ($50.00) for each of the permits issued for one and two (2) family dwellings. This additional levy shall be transmitted monthly to the building commission at the department of administration, and shall be used to staff and support the purchase or lease and operation of a web-accessible service and/or system to be utilized by the state and municipalities for uniform, statewide electronic plan review, permit management and inspection system and other programs described in this chapter. The fee levy shall be deposited as general revenues.
(2) On or before July 1, 2013, the building commissioner shall develop a standard statewide process for electronic plan review, permit management and inspection.
(3) On or before December 1, 2013, the building commissioner, with the assistance of the office of regulatory reform, shall implement the standard statewide process for electronic plan review, permit management and inspection. In addition, the building commissioner shall develop a technology and implementation plan for a standard web-accessible service and/or system to be utilized by the state and municipalities for uniform, statewide electronic plan review, permit management and inspection.
(d) The building commissioner shall, upon request by any state contractor described in section 37-2-38.1, review, and when all conditions for certification have been met, certify to the state controller that the payment conditions contained in section 37-2-38.1 have been met.
(e) The building commissioner shall coordinate the development and implementation of this section with the state fire marshal to assist with the implementation of section 23-28.2-6.
(f) The building commissioner shall submit, in coordination with the state fire marshal, a report to the governor and general assembly on or before April 1, 2013 and each April 1st thereafter, providing the status of the web-accessible service and/or system implementation and any recommendations for process or system improvement.
SECTION 20. Section 23-28.2-6 of the General Laws in Chapter 23-28.2 entitled "Division of Fire Safety" is hereby amended to read as follows:
23-28.2-6. Additional powers and duties of fire marshal. -- In carrying out the purposes of this chapter, the state fire marshal is authorized and directed:
(1) To procure in his or her discretion as many deputy state fire marshals and assistant deputy state fire marshals as needed, and the temporary or intermittent services of experts or consultants or organizations thereof, by contract, when the services are to be performed on a part-time or fee-for-service basis and do not involve the performance of administrative duties;
(2) To enter into agreements for the utilization of the facilities and services of the division of occupational safety, or its successors, to the extent that he or she considers it desirable to effectuate the purposes of this chapter, and to enter into agreements for the utilization of the facilities and services of other departments, agencies, and institutions, public or private;
(3) To accept on behalf of the state and to deposit with the general treasurer any grant, gift, or contribution made to assist in meeting the cost of carrying out the purposes of this code, and to expend the same for such purposes;
(4) To supervise or conduct any fire safety inspections required by any other state or federal agencies;
(5) To formulate, coordinate, implement, or cause implementation of, appropriate education and training programs relating to fire fighting training, fire prevention, fire protection, fire inspection, and fire investigation.
(6) To support, in coordination with the state building commissioner and the office of regulatory reform, the purchase or lease and operation of a web-accessible service and/or system to be utilized by the state and municipalities for a uniform, statewide electronic plan review, permit management and inspection system and other programs described in this chapter.
(7) To coordinate with the state building commissioner on the submission of a report to the governor and general assembly on or before April 1, 2013 and each April 1st thereafter, providing the status of the web-accessible service and/or system implementation and any recommendations for process or system improvement.
SECTION 21. Section 42-64.13-7 of the General Laws in Chapter 42-64.13 entitled "Rhode Island Regulatory Reform Act" is hereby amended to read as follows:
42-64.13-7. Powers of the office of regulatory reform. -- The office of regulatory reform shall have the following powers:
(1) The director of the office of regulatory reform is authorized to intervene or otherwise participate in any regulatory or permitting matter pending before any executive branch agency or department or before any municipal board, commission, agency or subdivision thereof at which a regulatory or permitting matter is pending for the expressed net benefit of a business. The director of the office of regulatory reform may so intervene or otherwise participate in such pending regulatory and permitting matters by providing written notice to the director of any department or state agency in the executive branch, or the chairman or presiding officer over any municipal department or subdivision thereof at which a regulatory or permitting matter is pending, that the director of the office of regulatory reform is so intervening or otherwise participating in such regulatory or permitting matter pending before such department, agency, board or commission. The director of the office of regulatory reform shall be considered a party to the action and shall be provided reasonable notice of any and all administrative hearings or meetings involving the parties in such matter and shall be the opportunity to participate in such meetings, hearings or other administrative procedures of such entity, of which such opportunity may be waived only by writing from the director of the office of regulatory reform, for the purpose of assuring the efficient and consistent implementation of rules and regulations in order to foster the creation and retention of jobs in Rhode Island or otherwise foster economic development in Rhode Island consistent with the purposes of this act. Any intervention or participation by the director of the office of regulatory reform, other than in contested cases, shall not be deemed to violate the provisions of the Rhode Island administrative procedures act at Title 42, Chapter 35 of the general laws. Provided, however, all contested cases shall be conducted in accordance with the provisions for hearings of contested cases in the administrative procedures act, Title 42, Chapter 35, of the general laws. As used in this section, the term "contested case" means a proceeding in which conflicting rights between adverse parties are required by law to be determined in an adversary proceeding that is judicial or quasi-judicial in nature, and not purely administrative in character, before and/or by an agency.
(2) Promptly upon such intervention as set forth in subdivision (1) above, the director of the office of regulatory reform shall publish its rationale for its intervention in such pending regulatory or permitting matter. The director of the office of regulatory reform may so intervene upon findings that:
(i) That the pending, regulatory or permitting action, in and of itself or as part of a regulatory process, has significant economic development impact upon the state or any municipality herein; and
(ii) The pending regulatory or permitting matter, in and of itself or as part of a regulatory process, has significant impact on any industry, trade, profession or business that provides significant jobs or other significant economic development impact, including municipal and state taxes or other revenues, to the state or its citizens.
(iii) The office of regulatory reform shall upon the conclusion of each fiscal quarter promptly provide to the office of the governor and the general assembly through the offices of the president of the senate and the speaker of the house of representatives a written report identifying:
(A) All matters in which the director of the office of regulatory reform intervened;
(B) The rationale for his or her intervention;
(C) The status of the pending regulatory or permitting matter; and
(D) Any observations or recommendations from the director of the office of regulatory reform with respect to such regulatory or permitting policies or procedures relating to the subject matter of such pending regulatory or permitting matters in which the director so intervened.
(3) The office of regulatory reform is authorized to appear as an amicus curiae in any legal proceeding relating to any matter.
(4) The office of regulatory reform is authorized to coordinate with and support the building commissioner and fire marshal in the development and implementation of a standard statewide process for electronic plan review, permit management and inspection.
SECTION 22. Section 42-17.1-17 of the General Laws in Chapter 42-17.1 entitled "Department of Environmental Management" is hereby amended to read as follows:
42-17.1-17. Transfer of powers and functions from department of environmental management. -- (a) There are hereby transferred to the department of administration:
(1) Those functions of the department of environmental management which were administered through or with respect to departmental programs in the performance of strategic planning as defined in section 42-11-10(c);
(2) All officers, employees, agencies, advisory councils, committees, commissions, and task forces of the department of environmental management who were performing strategic planning functions as defined in section 42-11-10(c); and
(3) So much of other functions or parts of functions and employees and resources, physical and funded, related thereto of the director of environmental management as are incidental to and necessary for the performance of the functions transferred by subdivisions (1) and (2).
(b) There are hereby transferred to
the department of public safety dispatch functions of the division of
enforcement of the department of environmental management.
(c) In order that there is no interruption
in the dispatch functions of the division of enforcement, the actual transfer
of the dispatch functions, corresponding resources, and personnel to the
department of public safety, may be postponed until such time, as determined by
the director of public safety, that the transfer provided herein may be best
put into force and effect, but shall occur no later than January 1, 2012 and
shall be reflected in the FY 2012 supplemental budget submission.
SECTION 23. This article shall take effect upon passage.
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ARTICLE 5
RELATING TO CAPITAL DEVELOPMENT PROGRAM
SECTION 1. Proposition to be submitted to the people. -- At the general election to be held on the Tuesday next after the first Monday in November 2012, there shall be submitted to the people for their approval or rejection the following proposition:
"Shall the action of the general assembly, by an act passed at the January 2012 session, authorizing the issuance of bonds, refunding bonds, and temporary notes of the state for the capital projects and in the amount with respect to each such project listed below be approved, and the issuance of bonds, refunding bonds, and temporary notes authorized in accordance with the provisions of said act?"
Project
(1) Higher Education Facilities............................................................. $50,000,000
Approval of this question will allow the State of Rhode Island to issue general obligation bonds, refunding bonds, and temporary notes in an amount not to exceed fifty million dollars ($50,000,000) for renovations and modernization of academic buildings at Rhode Island College including renovation, upgrade and expansion of health and nursing facilities on the campus of Rhode Island College.
(2) Veterans' Home……………………………............ ………………..$94,000,000
Approval of this question will allow the State of Rhode Island to issue general obligation bonds, refunding bonds and temporary notes in an amount not to exceed ninety-four million dollars ($94,000,000) for the construction of a new Veterans' Home and renovations to existing facilities. Any funding amount from federal sources received for these purposes will be used to reduce the amount of borrowed funds.
(3) Clean Water Finance Agency......................................................... $20,000,000
Approval of this question will authorize the State of Rhode Island to issue general obligation bonds, refunding bonds, and temporary notes in an amount not to exceed twelve million dollars ($12,000,000) to be leveraged with federal and state capitalization grants to finance wastewater infrastructure projects and eight million dollars ($8,000,000) to be leveraged with federal and state capitalization grants to finance drinking water infrastructure projects.
(4) Environmental Management........................................................... $20,000,000
Approval of this question will allow the State of Rhode Island to issue general obligation bonds, refunding bonds, and temporary notes for environmental and recreational purposes to be allotted as follows:
(a) Narragansett Bay and Watershed Restoration................................... $4,000,000
Provides funds for activities to restore and protect the water quality and enhance the economic viability and environmental sustainability of Narragansett Bay and the state’s watersheds. Eligible activities include: nonpoint source pollution abatement, including stormwater management; nutrient loading abatement; commercial, industrial and agricultural pollution abatement; and riparian buffer and watershed ecosystem restoration.
(b) State Land Acquisition – Open Space............................................... $2,500,000
Provides funds for the purchase of land, development rights and conservation easements in Rhode Island. This program acquires recreational and open space lands for the State of Rhode Island in accordance with the Rhode Island Comprehensive Outdoor Recreation Plan, Land Protection Plan, and the Rhode Island Greenspace 2000 plan.
(c) Farmland Development Rights.......................................................... $4,500,000
Provides funds for the purchase of agricultural development rights to active farms in Rhode Island. The State purchases the development rights to farms to eliminate the economic pressure on farmers to sell properties for residential and commercial development. The Agricultural Land Preservation Commission accepts and evaluates farmland applications for these funds.
(d) Local Land Acquisition Grants......................................................... $2,500,000
Provides funds for grants to municipalities, local land trusts and non-profit organizations to acquire fee-simple title, development rights, or conservation easements to open space in Rhode Island. The grants provide funding up to fifty percent (50%) of the purchase price for land, surveys, appraisals and title costs. The grant applications are reviewed and evaluated by the Governor’s Natural Heritage Preservation Commission according to the program guidelines.
(e) Local Recreation Grants................................................................... $5,500,000
Provides grants to municipalities for acquisition, development, or rehabilitation of local recreational facilities. These grants provide funding assistance up to fifty percent (50%) of the project costs. All grant applications are evaluated and ranked by the State Recreation Resources Review Committee.
(f) Historic/Passive Parks....................................................................... $1,000,000
Provides grants to municipalities for the renovation and development of historic and passive recreation areas. The grants provide funding assistance of up to ninety percent (90%) of the project costs. All grant applications are evaluated and ranked by the State Recreation Resources Review Committee.
(5) Affordable Housing...................................................................... $25,000,000
Approval of this question will allow the State of Rhode Island to issue general obligation bonds, refunding bonds, and temporary notes in an amount not to exceed twenty-five million dollars ($25,000,000) for affordable housing.
SECTION 2. Ballot labels and applicability of general election laws. -- The secretary of state shall prepare and deliver to the state board of elections ballot labels for each of the projects provided for in Section 1 hereof with the designations "approve" or "reject" provided next to the description of each such project to enable voters to approve or reject each such proposition. The general election laws, so far as consistent herewith, shall apply to this proposition.
SECTION 3. Approval of projects by people. -- If a majority of the people voting on the proposition provided for in Section 1 hereof shall vote to approve the proposition as to any project provided for in Section 1 hereof, said project shall be deemed to be approved by the people. The authority to issue bonds, refunding bonds and temporary notes of the state shall be limited to the aggregate amount for all such projects as set forth in the proposition provided for in section 1 hereof which has been approved by the people.
SECTION 4. Bonds for capital development program. -- The general treasurer is hereby authorized and empowered with the approval of the governor and in accordance with the provisions of this act, to issue from time to time capital development bonds in serial form in the name and on behalf of the state in amounts as may be specified from time to time by the governor in an aggregate principal amount not to exceed the total amount for all projects approved by the people and designated as "capital development loan of 2012 bonds" provided, however, that the aggregate principal amount of such capital development bonds and of any temporary notes outstanding at any one time issued in anticipation thereof pursuant to Section 7 hereof shall not exceed the total amount for all such projects as have been approved by the people. All provisions in this act relating to "bonds" shall also be deemed to apply to "refunding bonds".
Capital development bonds issued under this act shall be in denominations of one thousand dollars ($1,000) each, or multiples thereof, and shall be payable in any coin or currency of the United States which at the time of payment shall be legal tender for public and private debts. These capital development bonds shall bear such date or dates, mature at specified time or times, but not beyond the end of the twentieth state fiscal year following the state fiscal year in which they are issued, bear interest payable semi-annually at a specified rate or different or varying rates, be payable at designated time or times at specified place or places, be subject to expressed terms of redemption or recall, with or without premium, be in a form, with or without interest coupons attached, carry such registration, conversion, reconversion, transfer, debt retirement, acceleration and other provisions as may be fixed by the general treasurer, with the approval of the governor, upon each issue of such capital development bonds at the time of each issue. Whenever the governor shall approve the issuance of such capital development bonds, he or she shall certify approval to the secretary of state; the bonds shall be signed by the general treasurer and countersigned by the manual or facsimile signature of the secretary of state and shall bear the seal of the state or a facsimile thereof. The approval of the governor shall be endorsed on each bond so approved with a facsimile of his or her signature.
SECTION 5. Refunding bonds for 2012 capital development program. -- The general treasurer is hereby authorized and empowered, with the approval of the governor and in accordance with the provisions of this act, to issue from time to time bonds to refund the 2012 capital development program bonds in the name and on behalf of the state, in amounts as may be specified from time to time by the governor in an aggregate principal amount not to exceed the total amount approved by the people, to be designated as "capital development program loan of 2012 refunding bonds" (hereinafter "refunding bonds").
The general treasurer with the approval of the governor shall fix the terms and form of any refunding bonds issued under this act in the same manner as the capital development bonds issued under this act, except that the refunding bonds may not mature more than twenty (20) years from the date of original issue of the capital development bonds being refunded.
The proceeds of the refunding bonds, exclusive of any premium and accrual interest and net the underwriters’ cost, and cost of bond insurance, shall, upon their receipt, be paid by the general treasurer immediately to the paying agent for the capital development bonds which are to be called and prepaid. The paying agent shall hold the refunding bond proceeds in trust until they are applied to prepay the capital development bonds. While such proceeds are held in trust, they may be invested for the benefit of the state in obligations of the United States of America or the State of Rhode Island.
If the general treasurer shall deposit with the paying agent for the capital development bonds the proceeds of the refunding bonds or proceeds from other sources amounts that, when invested in obligations of the United States or the State of Rhode Island, are sufficient to pay all principal, interest, and premium, if any, on the capital development bonds until these bonds are called for prepayment, then such capital development bonds shall not be considered debts of the State of Rhode Island for any purpose from the date of deposit of such moneys with the paying agent. The refunding bonds shall continue to be a debt of the state until paid.
The term "bond" shall include "note", and the term "refunding bonds" shall include "refunding notes" when used in this act.
SECTION 6. Proceeds of capital development program. -- The general treasurer is directed to deposit the proceeds from the sale of capital development bonds issued under this act, exclusive of premiums and accrued interest and net the underwriters’ cost, and cost of bond insurance, in one or more of the depositories in which the funds of the state may be lawfully kept in special accounts (hereinafter cumulatively referred to as "such capital development bond fund") appropriately designated for each of the projects set forth in Section 1 hereof which shall have been approved by the people to be used for the purpose of paying the cost of all such projects so approved.
All monies in the capital development bond fund shall be expended for the purposes specified in the proposition provided for in Section 1 hereof under the direction and supervision of the director of administration (hereinafter referred to as "director"). The director or his or her designee shall be vested with all power and authority necessary or incidental to the purposes of this act, including but not limited to, the following authority: (a) to acquire land or other real property or any interest, estate or right therein as may be necessary or advantageous to accomplish the purposes of this act; (b) to direct payment for the preparation of any reports, plans and specifications, and relocation expenses and other costs such as for furnishings, equipment designing, inspecting and engineering, required in connection with the implementation of any projects set forth in Section 1 hereof; (c) to direct payment for the costs of construction, rehabilitation, enlargement, provision of service utilities, and razing of facilities, and other improvements to land in connection with the implementation of any projects set forth in section 1 hereof; and (d) to direct payment for the cost of equipment, supplies, devices, materials and labor for repair, renovation or conversion of systems and structures as necessary for 2012 capital development program bonds or notes hereunder from the proceeds thereof. No funds shall be expended in excess of the amount of the capital development bond fund designated for each project authorized in Section 1 hereof. With respect to the bonds and temporary notes described in section 1, the proceeds shall be utilized for the following purposes:
Question 1 relating to bonds in the amount of fifty million dollars ($50,000,000) for Higher Education shall be allocated as follows:
Infrastructure Modernization at Rhode Island College......................... $50,000,000
Provides funds for modernization and renovation of academic buildings on the Rhode Island College campus including renovation, upgrade and expansion of health and nursing facilities on the campus of Rhode Island College.
Question 2 relating to bonds in the amount of ninety-four million dollars ($94,000,000) to be provided to the department of human services to provide funding for the construction of a new veterans' home as well as renovations to existing facilities. The project is planned to be completed over a ten-year period, beginning with the new veterans' home facility, followed by renovations to existing facilities.
Question 3 relating to bonds in the amount of twenty million dollars ($20,000,000) for the Clean Water Finance Agency to be allocated as follows:
(a) Clean Water State Revolving Loan Fund........................................ $12,000,000
Provides funds for water pollution abatement projects structured as low-interest, subsidized loans for local governmental units to finance approved water pollution abatement projects.
(b) Drinking Water State Revolving Loan Fund..................................... $8,000,000
Provides funds for drinking water projects structured as low-interest, subsidized loans for local governmental units and privately organized water suppliers to finance approved drinking water projects.
Question 4 relating to bonds in the amount of twenty million dollars ($20,000,000) for environmental and recreational purposes to be allocated as follows:
(a) Narragansett Bay and Watershed Restoration.................................. $4,000,000
Provides funds for activities to restore and protect the water quality and enhance the economic viability and environmental sustainability of Narragansett Bay and the state’s watersheds.
(b) State Land Acquisition – Open Space.............................................. $2,500,000
Provides funds for the purchase of land, development rights, and conservation easements in Rhode Island.
(c) Farmland Development Rights......................................................... $4,500,000
Provides funds for the purchase of agricultural development rights to active farms in Rhode Island.
(d) Local Land Acquisition Grants........................................................ $2,500,000
Provides funds for grants to municipalities, local land trusts, and non-profit organizations to acquire fee-simple title, development rights, or conservation easements to open space in Rhode Island.
(e) Local Recreation Grants.................................................................. $5,500,000
Provides grants to municipalities for acquisition, development, or rehabilitation of local recreation facilities.
(f) Historic/Passive Parks...................................................................... $1,000,000
Provides grants to municipalities for the renovation or development of historic and passive recreation areas.
Question 5 relating to bonds in the amount of twenty-five million dollars ($25,000,000) for Affordable Housing.
Provides funding to the Housing Resources Commission to provide state funds to promote affordable housing through redevelopment of existing structures, or new construction.
SECTION 7. Sale of bonds and notes. -- Any bonds or notes issued under the authority of this act shall be sold from time to time at not less than the principal amount thereof, in such mode and on such terms and conditions as the general treasurer, with the approval of the governor, shall deem to be for the best interests of the state.
Any premiums and accrued interest, net of the cost of bond insurance and underwriters discount, that may be received on the sale of the capital development bonds or notes shall become part of the Rhode Island Capital Fund of the state, unless directed by federal law or regulation to be used for some other purpose.
In the event that the amount received from the sale of the capital development bonds or notes exceeds the amount necessary for the purposes stated in section 6 hereof, the surplus may be used to the extent possible to retire the bonds as the same may become due, to redeem them in accordance with the terms thereof or otherwise to purchase them as the general treasurer, with the approval of the governor, shall deem to be for the best interests of the state.
Any bonds or notes issued under the provisions of this act and coupons on any capital development bonds, if properly executed by the manual or facsimile signatures of officers of the state in office on the date of execution shall be valid and binding according to their tenor, notwithstanding that before the delivery thereof and payment therefor, any or all such officers shall for any reason have ceased to hold office.
SECTION 8. Bonds and notes to be tax exempt and general obligations of the state. -All bonds and notes issued under the authority of this act shall be exempt from taxation in the state and shall be general obligations of the state, and the full faith and credit of the state is hereby pledged for the due payment of the principal and interest on each of such bonds and notes as the same shall become due.
SECTION 9. Investment of monies in fund. -- All moneys in the capital development fund not immediately required for payment pursuant to the provisions of this act may be invested by the investment commission, as established by chapter 35-10, pursuant to the provisions of such chapter; provided, however, that the securities in which the capital development fund is invested shall remain a part of the capital development fund until exchanged for other securities; and provided further, that the income from investments of the capital development fund shall become a part of the general fund of the state and shall be applied to the payment of debt service charges of the state, unless directed by federal law or regulation to be used for some other purpose, or to the extent necessary, to rebate to the United States treasury any income from investments (including gains from the disposition of investments) of proceeds of bonds or notes to the extent deemed necessary to exempt (in whole or in part) the interest paid on such bonds or notes from federal income taxation.
SECTION 10. Appropriation. -- To the extent the debt service on these bonds is not otherwise provided, a sum sufficient to pay the interest and principal due each year on bonds and notes hereunder is hereby annually appropriated out of any money in the treasury not otherwise appropriated.
SECTION 11. Advances from general fund. -- The general treasurer is authorized from time to time with the approval of the director and the governor, in anticipation of the issue of notes or bonds under the authority of this act, to advance to the capital development bond fund for the purposes specified in Section 6 hereof, any funds of the state not specifically held for any particular purpose; provided, however, that all advances made to the capital development bond fund shall be returned to the general fund from the capital development bond fund forthwith upon the receipt by the capital development fund of proceeds resulting from the issue of notes or bonds to the extent of such advances.
SECTION 12. Federal assistance and private funds. -- In carrying out this act, the director, or his or her designee, is authorized on behalf of the state, with the approval of the governor, to apply for and accept any federal assistance which may become available for the purpose of this act, whether in the form of loan or grant or otherwise, to accept the provision of any federal legislation therefor, to enter into, act and carry out contracts in connection therewith, to act as agent for the federal government in connection therewith, or to designate a subordinate so to act. Where federal assistance is made available, the project shall be carried out in accordance with applicable federal law, the rules and regulations thereunder and the contract or contracts providing for federal assistance, notwithstanding any contrary provisions of state law. Subject to the foregoing, any federal funds received for the purposes of this act shall be deposited in the capital development bond fund and expended as a part thereof. The director or his or her designee may also utilize any private funds that may be made available for the purposes of this act.
SECTION 13. Effective Date. -- Sections 1, 2 and 3 of this article shall take effect upon passage. The remaining sections of this article shall take effect if and when the state board of elections shall certify to the secretary of state that a majority of the qualified electors voting on the propositions contained in section 1 hereof have indicated their approval of all or any projects thereunder.
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art.006/1
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ARTICLE 6
Relating To BOND PREMIUMS
SECTION 1. Section 7 of Chapter 246 of the Public Laws, enacted in Article 5 of 06-H-7120 Sub A as amended and approved on June 29, 2006, is hereby amended to read as follows:
SECTION 7. Sale of bonds and notes. -- Any bonds or notes issued under the authority of this act shall be sold from time to time at not less than the principal amount thereof, in such mode and on such terms and conditions as the general treasurer, with the approval of the governor, shall deem to be for the best interests of the state.
Any premiums and accrued interest, net of the cost of bond
insurance and underwriters discount, that may be received on the sale of the
capital development bonds or notes shall become part of the general fund Rhode
Island Capital Fund of the state and
shall be applied to the payment of debt service charges of the state, unless directed by federal law or regulation to be used
for some other purpose.
In the event that the amount received from the sale of the capital development bonds or notes exceeds the amount necessary for the purposes stated in section 6 hereof, the surplus may be used to the extent possible to retire the bonds as the same may become due, to redeem them in accordance with the terms thereof or otherwise to purchase them as the general treasurer, with the approval of the governor, shall deem to be for the best interests of the state.
Any bonds or notes issued under the provisions of this act and coupons on any capital development bonds, if properly executed by the manual or facsimile signatures of officers of the state in office on the date of execution shall be valid and binding according to their tenor, notwithstanding that before the delivery thereof and payment therefor, any or all such officers shall for any reason have ceased to hold office.
SECTION 2. This article shall take effect upon passage.
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art.007/6/007/5/007/4/007/3/007/2/007/1
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ARTICLE 7 AS AMENDED
RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS
SECTION 1. This article consists of joint resolutions that are submitted pursuant to Rhode Island General Laws § 35-18-1, et seq.
SECTION 2. Information Technology Improvements.
WHEREAS, The division of taxation is the primary revenue collecting agency for the State of Rhode Island, administering fifty-seven (57) different tax/fee types and collecting nearly three billion dollars per year. Currently an assortment of software systems is being utilized to administer these taxes and fees. The most critical of these systems is built on forty (40) year old technology that is increasingly difficult and expensive to use and maintain; and
WHEREAS, Recognizing the need to better serve the citizens of Rhode Island and the need to modernize its technology, and to support related tax enforcement activities, the State of Rhode Island and the division of taxation would benefit from the acquisition of a modern integrated tax system that would centralize all taxpayer information in one computer system; and
WHEREAS, The State of Rhode Island is actively reforming its education system by, among other initiatives, developing enterprise data systems that will offer five platforms, including the instruction management system and the educator evaluation system. These data systems will provide an unprecedented level of student and teacher data to track student, teacher, and school performance and address the student achievement gaps; and
WHEREAS, Rhode Island’s local education agencies (“LEAs”), districts, charter schools and state schools need to upgrade their existing technology infrastructure in order to provide twenty-first century technology-based learning, including e-learning opportunities, on-line textbooks, and on-line assessments. In addition, several LEAs have insufficient wireless access in their classrooms to access new data systems and on-line resources; and
WHEREAS, The project costs associated with these information technology improvements are estimated to be $44.8 million. The total financing obligation of the State of Rhode Island would be approximately $45.3 million, with $44.8 million deposited in the project fund and $0.5 million allocated to pay the associated costs of financing. Total payments on the State’s obligation over ten (10) years on the $45.3 million issuance are projected to be $66.6 million, assuming an average interest rate of 4.0%. The payments would be financed within the department of administration from general revenue appropriations; now, therefore, be it
RESOLVED, That this general assembly hereby approves financing in an amount not to exceed $45.3 million for the provision of funds for information technology improvements, including $0.5 million to pay costs of financing; that $19.8 million be made available from the project fund for improvements to the technology infrastructure of local education agencies; that $25.0 million be made available from the project fund for an integrated tax system; and provided further, that any funding amount from federal forfeiture funds for law and tax enforcement received for these purposes may be used to reduce the amount of borrowed funds; be it further
RESOLVED, That this joint resolution shall take effect immediately upon its passage by the general assembly.
SECTION 3. Rhode Island Airport Corporation.
WHEREAS, The Rhode Island economic development corporation is a public instrumentality of the State of Rhode Island (the "state"), created by the general assembly pursuant to Rhode Island general laws §§ 42-64-1 et seq. (as enacted, reenacted and amended, the "act"); and
WHEREAS, The act declares, in part, that new industrial, manufacturing, recreational, and commercial facilities are required to attract and house new industries and thereby reduce the hazards of unemployment; and that unaided efforts of private enterprises have not met, and cannot meet, the needs of providing those facilities due to problems encountered in assembling suitable building sites, lack of adequate public service, unavailability of private capital for development, and the inability of private enterprise alone to plan, finance, and coordinate industrial, recreational, and commercial development; and
WHEREAS, The act further declares it to be the public policy of the state to furnish proper and adequate airport facilities within the state and to encourage the integration of these facilities so far as practicable; and
WHEREAS, In furtherance of these goals, it is the policy of the state to retain existing industries and to induce, encourage and attract new industries through the acquisition, construction, reconstruction and rehabilitation of industrial, manufacturing, recreational, and commercial facilities, as well as transportation, residential, environmental, utility, public service, institutional and civic and community facilities, and to develop sites for such facilities; and
WHEREAS, The act has empowered the Rhode Island economic development corporation to establish subsidiary corporations to exercise its powers and functions, or any of them, and, pursuant to such power, the Rhode Island economic development corporation has established the Rhode Island airport corporation to plan, develop, construct, finance, manage, and operate airport facilities in the state; and
WHEREAS, The act provides that the Rhode Island airport corporation shall have the power to purchase, take, receive, lease or otherwise acquire, own, hold, improve, use and otherwise deal in and with, real or personal property, or any interest therein, wherever situated; and
WHEREAS, The act also provides that the Rhode Island airport corporation shall have the power to sell, mortgage, lease, exchange, transfer or otherwise dispose of or encumber any project, (or in the case of a sale, to accept a purchase money mortgage in connection therewith) or to grant options for any such purposes with respect to any real or personal property or interest therein, all of the foregoing for such consideration as the Rhode Island airport corporation shall determine. Any lease by the Rhode Island airport corporation to another party may be for such part of the Rhode Island airport corporation's property, real or personal, for such period, upon such terms or conditions, with or without an option on the part of the lessee to purchase any or all of the leased property for such consideration, at or after the retirement of all indebtedness incurred by the Rhode Island airport corporation on account thereof, as the Rhode Island airport corporation shall determine; and
WHEREAS, The act authorizes the Rhode Island economic development corporation to borrow money and issue bonds for any of its corporate purposes; and
WHEREAS, Pursuant to §§ 35-18-3 and 35-18-4 of Rhode Island general laws, the Rhode Island economic development corporation requests the approval of the general assembly of the Rhode Island economic development corporation's issuance of airport revenue bonds (the "bonds") for the purpose of providing funds to the Rhode Island airport corporation for financing the various capital projects including, but not limited to, a de-icer management system, runway and taxiway improvements, noise mitigation and land acquisition, and facility developments (the “Fiscal Year 2013 Airport Project"), funding capitalized interest, costs of issuing the bonds and related costs, and the establishment of reserves for the project and the bonds, including a debt service reserve fund; and
WHEREAS, The Rhode Island airport corporation anticipates the need to utilize short term borrowings to fund timing differences between construction activities and receipt of federal grants;
WHEREAS, The financing of the Fiscal Year 2013 Airport Project will be accomplished through one or more loan agreements having the Rhode Island airport corporation as borrower, such agreement or agreements to require that the Rhode Island airport corporation make loan payments in an amount no less than the debt service on the bonds; now, therefore, be it
RESOLVED, The general assembly hereby approves the Rhode Island economic development corporation's issuance of the bonds. The bonds will be special obligations of the Rhode Island economic development corporation, payable exclusively from loan repayments under a loan agreement with the Rhode Island airport corporation and from bond proceeds, funds, accounts, and properties and the proceeds thereof pledged therefor, and thus the Rhode Island economic development corporation's maximum liability will be limited to loan repayments received under the loan agreement and the aggregate amount of such other funds, accounts, properties, and proceeds; and be it further
RESOLVED, That the total amount of debt approved to be issued in the aggregate shall be not more than $174,000,000. Total debt service on the bonds is not expected to exceed $12,000,000 annually and $351,000,000 in the aggregate based on level annual payments, an average interest rate of 6.83%, and a 30-year maturity. Total debt service on short-term borrowings to fund timing differences between construction activities and receipt of federal grants is not expected to exceed $6,700,000 annually and $34,000,000 in the aggregate based on an average interest rate of 4.00% and an 8-year maturity; and be it further
RESOLVED, That the general assembly hereby approves the Rhode Island airport corporation's entering into the loan agreements described above. Payments under the loan agreements shall be derived exclusively from project revenues and such other proceeds, funds, accounts, projects and the proceeds thereof as the Rhode Island airport corporation may pledge therefore; and be it further
RESOLVED, That none of the bonds or the loan agreements shall constitute indebtedness of the state or a debt for which the full faith and credit of the state is pledged or a moral obligation thereof; and be it further
RESOLVED, That this resolution shall apply to debt issued within one (1) year of the date of passage of this resolution.
SECTION 4. Rhode Island Resource Recovery Corporation
WHEREAS, The Rhode Island resource recovery corporation (the “corporation”) is a public corporation of the State of Rhode Island (the “state”), constituting a public instrumentality and agency exercising public and essential governmental functions of the state, created by the general assembly pursuant to Rhode Island general laws §§ 23-19-1 et seq., entitled the “Rhode Island resource recovery corporation act” (as enacted, reenacted and amended, the “act”); and
WHEREAS, Pursuant to the act, the corporation is designated to carry out the provisions of the act; and
WHEREAS, Also pursuant to the act, the purposes of the corporation include the planning, design, construction, financing, management, ownership, operation, and maintenance of transfer stations, waste processing facilities, resource recovery facilities, and all other solid waste management facilities and the provision of solid waste management services to municipalities and persons within the state; and
WHEREAS, For the purpose of planning, designing, constructing, financing, managing, owning, operating, and maintaining transfer stations, waste processing facilities, resource recovery facilities, and all other solid waste management facilities and providing solid waste management services to municipalities and persons within the state, the corporation is authorized to issue from time to time its negotiable bond and notes in one or more series in such principal amounts as in the opinion of the corporation shall be necessary to provide sufficient funds for achieving its purpose, including the payment of interest on the bonds and notes of the corporation, the establishment of reserves to secure the bonds and notes, and the making of all other expenditures of the corporation incident to and necessary or convenient to carrying out its purposes and powers; and
WHEREAS, Pursuant to Rhode Island general laws §§ 35-18-3 and 35-18-4, the corporation has requested the approval of the general assembly of the corporation’s issuance of not more than $40 million of revenue bonds (the “bonds) for the purpose of providing funds for capital projects and for costs associated with the bonds including capitalized interest, debt service reserve and costs of issuance; and
WHEREAS, The corporation will use the bond proceeds to fund the design and construction of a leachate pretreatment facility to comply with projected changes in discharge standards for the disposal of wastewater, including leachate, into a public sewer system. The treatment facility (the “facility” or the “project”) is expected to have the capacity of pretreating 650,000 gallons of wastewater daily and utilize sequencing batch reactor technology for wastewater treatment; and
WHEREAS, The corporation currently discharges wastewater/leachate flows from several sources from its solid waste operations, including leachate from primary and secondary collection systems in phases II/III, IV and V of the central landfill, underdrains constructed under the liners of various sections of the landfill as required by Rhode Island department of environmental management (“RIDEM”) regulations, discharge from the phase I hot spot treatment system operated as part of superfund remediation requirements, and condensate from the landfill gas collection and treatment systems and sanitary flows from the various buildings and facilities on site; and
WHEREAS, The landfill-related leachate is currently discharged through the Cranston sewer system to the Cranston wastewater treatment facility (“WWTF”); and
WHEREAS, The corporation does not currently pretreat the collected flows prior to discharge into the Cranston WWTF; and
WHEREAS, The corporation has received final approval from the RIDEM for the construction of phase VI of the landfill, which will include a primary and secondary leachate collection system and will operate for approximately 20 years; and
WHEREAS, Municipal wastewater treatment plants that the corporation can potentially discharge into are currently implementing upgrades to their facilities to meet lower effluent discharge standards required by their permits with RIDEM; and
WHEREAS, The corporation has previously engaged an engineering consultant to conduct a preliminary evaluation of future requirements to treat wastewater discharges from the various operations at the Shun Pike facilities; and
WHEREAS, Over the past several years the engineering consultant has been assisting the corporation in evaluating approaches to treat wastewater flows, consisting primarily of landfill leachate, to meet the discharge standards established by municipal wastewater treatment facilities that are in proximity to the corporation’s operations; and
WHEREAS, The engineering consultant has issued a report indicating that based on these standards, and the more stringent effluent standards anticipated in the future, the corporation will be required to construct a new pretreatment plant facility on-site to comply with these standards prior to discharging wastewater into any municipal sewer system; and
WHEREAS, The engineering consultant has proposed utilizing a reliable, cost-effective and high-efficiency technology, sequential batch reactors, which are basically industrial tanks in which all metabolic processing and solid / liquid separation occurs in one tank and in a continuously repeated time sequence; and
WHEREAS, Sequential batch reactor processes are known to save more than 60% of the expenses required for conventional activated sludge processing and achieve high effluent quality in a very short aeration time; and
WHEREAS, The estimated cost of the project is anticipated to be approximately $35 million to $40 million; and
WHEREAS, In the event that not all of the bond proceeds are used to carry out the specified project, the corporation will use any remaining funds to pay debt service on the bonds; now, therefore, be it
RESOLVED, That this general assembly hereby approves the corporation’s issuance of not more than the total of the competitively awarded contract plus financing costs, or $40 million, whichever is less, of bonds for the purpose of providing funds for the project and for costs associated with bonds including capitalized interest, debt service reserve and costs of issuance; and be it further
RESOLVED, That the bonds will be general obligations of the corporation payable from the corporation’s revenues and thus the corporation’s maximum liability will be for the total debt service on the bonds which is estimated to be $3.0 million per year or $59 million in the aggregate based on an average interest rate of 4.0 percent and a 20 year maturity; and be it further
RESOLVED, That the bonds will not constitute indebtedness of the state or any of its subdivisions or a debt for which the full faith and credit of the state or any of its subdivisions is pledged except to the extent that the state provides the corporation with annual budget appropriations pursuant to Rhode Island general laws § 23-19-13(i) and the corporation’s revenues are not otherwise sufficient to pay debt service on the bonds, the maximum possible financial obligation of the state under the bonds will be to appropriate for any deficiency; and be it further
RESOLVED, That this joint resolution shall take effect immediately upon its passage by this general assembly, provided that the delivery of the bonds shall be not later than one (1) year from the date of such passage.
SECTION 5. GARVEE Program.
WHEREAS, The Rhode Island Department of Transportation (“RIDOT”) has undertaken five (5) major transportation projects, and these projects were either substantially completed or under construction in the year 2011; and
WHEREAS, The construction of these projects was deemed critical in order to preserve and maintain the public safety and continued economic success and viability of the State of Rhode Island, its ports and infrastructure; and
WHEREAS, RIDOT explored various options to finance the costs of the five (5) major transportation projects and determined that the federal-aid financing program authorized in federal law by Section 311 of the National Highway System Designation Act of 1995 and commonly referred to as the Grant Anticipation Revenue Vehicle Program (“GARVEE Program”) represented the best financing mechanism for the State of Rhode Island, inasmuch as the GARVEE Program accelerated the funding and construction of the five (5) major transportation projects; and
WHEREAS, The General Assembly, in Chapter 376, Article 36, Sections 8 and 9 of the Rhode Island Public Laws of 2003, granted RIDOT, through the Rhode Island Economic Development Corporation (“RIEDC”), the authorization to issue bonds (“GARVEE Bonds”) or other debt instruments backed by future appropriations for federal-aid transportation projects whereby such amounts are used to cover an assortment of bond-related costs, including principal and interest payments, issuance costs, insurance, and other costs incidental to a financing; and
WHEREAS, The original Public Corporation Debt Management authorization in Chapter 376, Article 36, Sections 8 and 9 of the Rhode Island Public Laws of 2003 included a total of $709.6 million in GARVEE funding to be distributed across five projects, as follows: $126.2 million for the Sakonnet River Bridge; $348.3 million for the Route I-195 Relocation; $85.4 million for the Washington Bridge; $42.5 million for the Freight Rail Improvement Program (FRIP), and $107.2 million for Route 403; and
WHEREAS, Additional grants and Federal earmark funding have been received for the completion of the Washington Bridge project, while, at the same time, preliminary cost estimates for the Sakonnet River Bridge replacement, which were used to allocate GARVEE proceeds, have proven to be lower than the funding required; and
WHEREAS, The reallocation of GARVEE funds to the Sakonnet River Bridge project will allow an equal amount of Federal highway funding to be applied to other highway projects included in the Rhode Island Transportation Improvement Program (“TIP”); and
WHEREAS, The reallocated GARVEE financing associated with these projects is estimated to be:
(1) For the Sakonnet River Bridge: (a) a total capital cost of one hundred twenty seven million three hundred eighty two thousand five hundred sixty six dollars ($127,382,566); (b) the total debt issuance of GARVEE and/or other than GARVEE Bonds associated with payment of the capital costs, financing costs, costs of issuance or insurance or credit enhancement would be an amount not to exceed one hundred thirty five million eight hundred twenty five thousand dollars ($135,825,000); (c) with respect to the total debt issuance of one hundred thirty five million eight hundred twenty five thousand dollars ($135,825,000) referenced in subsection (b) above, an amount not to exceed twenty five million two hundred forty eight thousand dollars ($25,248,000) of bonds would be repaid by the State of Rhode Island with other than FHWA funds (the "State Match Bonds"); (d) total debt service payments on the State Match Bonds over an expected twenty (20) year period on the twenty five million two hundred forty eight thousand dollars ($25,248,000) issuance are projected to be thirty seven million four hundred fifty eight thousand dollars ($37,458,000), assuming an average coupon rate of 5.1%; and (e) the debt service payments on the State Match Bonds are supported from the Motor Fuel Tax Allocation as hereinafter defined; and total debt service on all bonds of two hundred four million five hundred thirty two thousand nine hundred twenty dollars ($204,532,920); and
(2) For the Washington Bridge: (a) a total capital cost of $75,845,000; (b) the total debt issuance of GARVEE and/or other than GARVEE Bonds associated with payment of the capital costs, financing costs, costs of issuance or insurance or credit enhancement would be an amount not to exceed $75,845,000; and (c) no State Match Bonds will be issued in connection with the Washington Bridge as all costs related to the construction and financing of this project will be covered by the FHWA funds due the State of Rhode Island; and total debt service on all bonds of one hundred eighteen million four hundred twenty two thousand five hundred dollars ($118,422,500); now, therefore, be it
RESOLVED, That this General Assembly finds that the Projects are essential public facilities and are of a type and nature consistent with the purposes and within the powers of the Department of Transportation to undertake, and hereby approves that the Sakonnet River Bridge and Washington Bridge remain critical components of the infrastructure of the State of Rhode Island, and that it is in the best interests of the State to maximize the use of proceeds from the GARVEE bonds already issued. Therefore, this General Assembly hereby approves the following reallocation in GARVEE bond proceeds:
(1) For the New Sakonnet Bridge: the issuance of an amount not to exceed one hundred twenty seven million three hundred eighty two thousand five hundred sixty six dollars ($127,382,566) in GARVEE Bonds, the repayment of which shall be derived from and supported by FHWA funds due the State of Rhode Island, and an amount not to exceed twenty five million two hundred forty eight thousand dollars ($25,248,000) in State Match Bonds and to incur and pay debt service payments for such State Match Bonds in an amount not to exceed thirty seven million four hundred fifty eight thousand dollars ($37,458,000) and total debt service on all bonds of two hundred four million five hundred thirty two thousand nine hundred twenty dollars ($204,532,920) as specified in (1) above for bonds issued for the Sakonnet River Bridge, such debt service payments to be made from the Motor Fuel Tax Allocation, as hereinafter defined, or such other revenue source as the Rhode Island General Assembly shall designate from time to time for the construction, design, maintenance, completion, finance costs, including, but not limited to, costs of issuance, credit enhancement, legal counsel and underwriter fees and expenses and other costs associated with the Sakonnet River Bridge.
(2) For the Washington Bridge: the issuance of an amount not to exceed $75,845,000 in GARVEE Bonds, the repayment of which shall be wholly derived from and supported by FHWA funds due the State of Rhode Island; and total debt service on all bonds of one hundred eighteen million four hundred twenty two thousand five hundred dollars ($118,422,500); and be it further
RESOLVED, That no other changes in allocation or expenditure are authorized beyond the amendments included in this Joint Resolution, and that no additional GARVEE bond issuance is required beyond the limits specified in Chapter 376, Article 36, Sections 8 and 9 of the Rhode Island Public Laws of 2003.
SECTION 6. This article shall take effect upon passage.
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art.008/1
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ARTICLE 8
Relating To INFORMATION TECHNOLOGY INVESTMENT FUND
SECTION 1. Section 42-11-2.5 of the General Laws in Chapter 42-11 entitled “Department of Administration” is hereby amended to read as follows:
42-11-2.5. Information technology investment fund. – (a) All sums from the sale of any land and the buildings and improvements thereon, and other real property title to which is vested in the state except as provided in subsection 37-7-15(b) shall be transferred to an Information Technology Investment Fund restricted receipt account that is hereby established. This fund shall consist of such sums from the sale of any land and the buildings and improvements thereon, and other real property title to which is vested in the state except as provided in subsection 37-7-15(b). This fund may also consist of such sums as the state may from time to time appropriate, as well as money received from the disposal of information technology equipment, loan, interest and service charge payments from benefiting state agencies, as well as interest earnings, money received from the federal government, gifts, bequest, donations, or to otherwise from any public or private source. Any such funds shall be exempt from the indirect cost recovery provisions of § 35-4-27.
(b) This fund shall be used for the purpose of acquiring information technology improvements, including, but not limited to, hardware, software, consulting services, and ongoing maintenance and upgrade contracts for state departments and agencies.
(c) The division of information technology of the Rhode Island department of administration shall adopt rules and regulations consistent with
the purposes of this chapter and chapter 35 of title 42, in order to provide
for the orderly and equitable disbursement of funds from
the revolving loan fund from this
account.
SECTION 2. This article shall take effect upon passage.
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art.009/3/009/2/009/1
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ARTICLE 9 AS AMENDED
RELATING TO DEPARTMENT OF HEALTH FEES
SECTION 1. Sections 5-10-10, 5-10-11, 5-10-13, and 5-10-15 of the General Laws in Chapter 5-10 entitled “Barbers, Hairdressers, Cosmeticians, Manicurists and Estheticians” are hereby amended to read as follows:
5-10-10. Application
form - Fee - Expiration and renewal of licenses – Fees. -- (a)
Applications for licenses under § 5-10-9 shall be made upon
any forms that are prescribed by the division and are accompanied by an examination application
fee established in regulation. The license of every person licensed under §§ 5-10-8 and 5-10-9 shall expire on the
thirtieth (30th) day of October of every other year following the date of
license. This is determined on an odd-even basis. On or before the first day of
September of every year, the administrator of professional regulation shall
mail an application for renewal of license to people scheduled to be licensed
that year on an odd or even basis as to the license number. Every person who
wishes to renew his or her license must file with the administrator of
professional regulation a renewal application duly executed together with the
renewal fee of fifty dollars ($50.00) as set forth in § 23-1-54. Applications,
accompanied by the fee for renewal, shall be filed with the division on or
before the fifteenth (15th) day of October in each renewal year. Upon receipt
of the application and fee, the administrator of professional regulation shall
grant a renewal license effective October 1st and expiring two (2) years later on
September 30th.
(b) Every person who fails to renew his or her license on or
before September 30th following the date of issuance as provided in subsection
(a) of this section may be reinstated by the division upon payment of the
current renewal fee of fifty dollars ($50.00) plus
an additional fee of thirty dollars ($30.00) for each year the license has
lapsed to a maximum of two hundred dollars ($200) as set forth in § 23-1-54.
(c) The license shall be on the person at all times while performing the services for which they are licensed.
5-10-11. Persons licensed in other states. -- (a) Any person licensed to practice barbering, hairdressing, and cosmetic therapy and/or manicuring or esthetics in another state where the requirements are the equivalent of those of this state is entitled to a license as a barber, hairdresser, and cosmetician and/or manicurist or esthetician operator upon the acceptance of his or her credentials by the division; provided, that the state in which that person is licensed extends a similar privilege to licensed barbers, hairdressers, and cosmetic therapists and/or manicurists or esthetics of this state. If a person applies for a hairdressing license who was licensed in another state where the requirements are not equivalent to those of this state, the division shall give to that person one hundred (100) hours instructional credit for three (3) months that the person was licensed and in actual practice, up to a limit of five hundred (500) hours, in order for that person to meet the requirements for a hairdressing license in this state as established under the provisions of §§ 5-10-8 and 5-10-9.
(b) If a person applies for a manicurist or esthetician license and is currently licensed in another state, that person may be granted a license if he or she passes the written and practical examinations conducted by the division.
(c) The fee for the examination
application is forty dollars ($40.00) as
set forth in § 23-1-54; provided, that the provisions of this
chapter shall not be construed as preventing persons who have been licensed by
examination under the laws of other states of the United States or territories
and the District of Columbia from practicing barbering, hairdressing, and
cosmetic therapy and/or manicuring or esthetics in this state for a period of
three (3) months; provided, that they apply for and are licensed in this state
within three (3) months from the commencement of their employment. Nor shall it
be construed as prohibiting persons who have been licensed under the laws of
another country or territory from practicing barbering, hairdressing, and
cosmetic therapy and/or manicuring or esthetics in this state; provided, that
practice is in conformity with the rules and regulations of the division; and
provided, that in no case shall that practice cover a period of more than three
(3) months from the commencement of that employment.
5-10-13. Demonstrator's
permit. -- The division may in its discretion issue to any person
recognized by the division as an authority on, or an expert in the theory or
practice of, barbering, hairdressing, and cosmetic therapy and/or manicuring or
esthetics and is the holder of a current esthetician's, manicurist's or a barber's,
hairdresser's, and cosmetician's license in this state, another state or the
District of Columbia, a demonstrator's permit for not more than six (6) days'
duration for educational and instructive demonstrations; provided, that the
permit shall not be used in the sense of a license to practice barbering,
manicuring, esthetics or hairdressing and cosmetic therapy. The fee for the
permit is seventy dollars ($70.00) as set forth in § 23-1-54.
5-10-15. Licensing of shops. -- (a) No shop, place of business or establishment shall be opened or conducted within the state by any person, association, partnership, corporation, or otherwise for the practice of barbering, manicuring and/or hairdressing and cosmetic therapy or esthetics until the time that application for a license to operate that shop, place of business or establishment for the practice of manicuring and/or hairdressing and cosmetic therapy or esthetics is made, to the division, in the manner and on the forms that it prescribes, and a license, under the terms and conditions, not contrary to law, that the division requires shall be granted for it and a license issued.
(1) No licenses shall be granted to any shop, place of business, or establishment for the practice of hairdressing and cosmetic therapy unless the proprietor or a supervising manager in the practice of barbering, hairdressing and cosmetic therapy, of the shop, place of business, or establishment is licensed and has been licensed as a licensed barber or hairdresser and cosmetician for a period of at least one year immediately prior to the filing of the application for the license.
(2) No license shall be granted to any shop, place of business, or establishment for the practice of manicuring or esthetics unless the proprietor or a supervising manager of the proprietor is licensed and has been licensed as a licensed barber, hairdresser and cosmetician, manicurist or esthetician for a period of at least one year immediately prior to the filing of the application for the license.
(3) The supervising manager shall be registered with the division as the manager of a licensed shop and shall only be registered to manage one shop at a time. The proprietor of the licensed shop and the manager shall notify the division, in writing, within ten (10) days upon the termination of employment as the manager of the licensed shop. The license of the shop shall expire forty-five (45) days after the division is notified by the proprietor if no new manager is registered with the division as the supervising manager of the shop.
(b) All licenses issued under this section shall terminate on the
first day of July following the date of issue. The fee for the license is one hundred and thirty dollars ($130) and for each renewal of
the license the fee is one hundred and thirty dollars ($130) as set forth in § 23-1-54.
SECTION 2. Sections 5-25-10, 5-25-11, and 5-25-12 of the General Laws in Chapter 5-25 entitled “Veterinary Practice” are hereby amended to read as follows:
5-25-10. Qualifications for licensure. -- Any applicant for licensure shall submit to the department written evidence on forms furnished by the department verified by oath that the applicant meets all of the following requirements:
(1) Is a graduate of a school or college of veterinary medicine recognized and accredited by the American Veterinary Medical Association and by the department or certification by the Educational Council for Foreign Veterinary Graduates;
(2) Pays an application fee of forty
dollars ($40.00) as set forth in §
23-1-54 at the time of submitting the application, which, in no case
is returned to the applicant;
(3) Is of good moral character, evidenced in the manner prescribed by the department; and
(4) Complies with any other qualifications that the department prescribes by regulation; and
(5) Comply with the continuing education requirements adopted by the department.
5-25-11. Licensing of
veterinarians. -- (a) By Examination. - The applicant is required
to pass, with a grade determined by the division, an examination approved by
the division; upon payment of an examination fee of
three hundred and thirty dollars ($330) as
set forth in § 23-1-54 every candidate who passes that examination,
and in the opinion of the division meets the qualifications of § 5-25-10,
shall, upon payment of an initial license fee, which shall be equal to the
biennial license renewal fee in effect, be issued a license to practice
veterinary medicine. Veterinarians licensed under the provisions of this
chapter on August 31, 1985 shall continue to be licensed.
(b) Without Examination by Endorsement. A license to practice veterinary medicine may be issued without examination to an applicant who has been duly licensed by examination as a veterinarian under the laws of another state or territory or District of Columbia, if, in the opinion of the division, the applicant meets the qualifications required of veterinarians in this state, as further defined in rules and regulations.
5-25-12. Expiration
and renewal of licenses. -- (a) The certificate of every person licensed
as a veterinarian under the provisions of this chapter expires on the first day
of May of each even numbered year. On or before the first day of March of each
two (2) year period, the department shall mail an application for renewal of
license to every person to whom a license has been issued or renewed during the
current licensure period. Every person so licensed who desires to renew his or
her license shall file with the department a renewal application duly executed
together with a renewal fee of three hundred and
thirty dollars ($330) as set forth in §
23-1-54 on or before the thirty-first day of March of each even
numbered year.
(b) Upon receipt of an application, and payment of the renewal fee, the department shall grant a renewal license effective the second day of May, and expiring on the first day of May of the next even numbered year.
(c) Any person who allows his or her license to lapse by failing
to renew it on or before the thirty-first day of March of the next even
numbered year, as provided in subsection (a), may be reinstated by the
department on payment of the current renewal fee plus an additional fee of ninety ($90.00) as
set forth in § 23-1-54.
(d) Any person using the title "veterinarian" during the time that his or her license has lapsed is subject to the penalties provided for violations of this chapter.
(e) Every veterinarian licensed to practice veterinary medicine within the state shall, in connection with renewal of licensure, provide satisfactory evidence to the department that in the preceding two-year period the veterinarian has completed a prescribed course of continuing professional education established by an appropriate professional veterinary medicine association and approved by rule or regulation of the department. The department may extend for only one six (6) month period, these education requirements if the department is satisfied that the applicant has suffered hardship which prevented meeting the educational requirement.
SECTION 3. Sections 5-29-7, 5-29-11, 5-29-13, and 5-29-14 of the General Laws in Chapter 5-29 entitled “Podiatrists” are hereby amended to read as follows:
5-29-7. Examination of
applicants - Fees – Reexamination. -- The division of professional
regulation board of podiatry examiners is empowered to review applications as
defined in this chapter and to require a minimum application fee of four hundred and ten dollars ($410) as set forth in § 23-1-54 at the time of
application. Application fees are not refundable unless sickness or other good
cause appearing to the satisfaction of the division such applicant was
prevented from attending and completing the examination. One further or
subsequent examination under that application may be given to applicants in the
discretion of the division, without payment of an additional fee.
5-29-11. Fee. --
The biennial renewal fee shall not be less than two
hundred and sixty ($260) nor be more than four hundred and ninety dollars
($490) be as set forth in § 23-1-54.
5-29-13. Limited
registrations. -- (a) An applicant for limited registration under this
chapter who furnishes the division of professional regulation of the department
of health with satisfactory proof that the applicant is eighteen (18) years of
age or older and of good moral character, that the applicant has creditably
completed not less than two (2) years of study in a legally chartered podiatry
school that is accredited by the Council on Podiatric Medical Education of the
American Podiatric Medical Association having power to grant degrees in
podiatry, and that the applicant has been appointed an intern, resident,
fellow, or podiatry officer in a hospital or other institution maintained by
the state, or by a city or town, or in a hospital or clinic which is
incorporated under the laws of this state or in a clinic which is affiliated
with a hospital licensed by the department of health, or in an out-patient
clinic operated by the state, may, upon the payment of
seventy ($70.00) in an amount set forth
in § 23-1-54, be registered by the division as a hospital officer
for any time that the division prescribes. The limited registration entitles
the applicant to practice podiatry in the hospital or other institution
designated on his or her certificate of limited registration, or outside that
hospital or other institution for the treatment, under the supervision of one
of its medical officers who is a duly licensed physician and/or podiatrist or
persons accepted by it as patients, or in any hospital, institution, clinic, or
program affiliated for training purposes with the hospital, institution, or
clinic designated on the certificate, which affiliation is approved by the
division of professional regulation and the Council of Podiatric Medical
Education of the American Podiatric Medical Association and in any case under
regulations established by such hospital, institution, or clinic. Provided,
that each hospital, institution, or clinic shall annually submit to the
division of professional regulation a list of affiliated hospitals,
institutions, clinics, or programs providing training programs which comply
with the terms of this section. Limited registration under this section may be
revoked at any time by the division.
(b) The division of professional regulation of the department of health may promulgate any rules and regulations that it deems necessary to effect the provisions of this chapter.
5-29-14. Limited
registration – Academic faculty. -- Notwithstanding
any other provisions of this chapter, a podiatrist of noteworthy and recognized
professional attainment who is a clearly outstanding podiatrist and who has
been offered by the dean of a medical school or podiatry school in this state a
full-time academic appointment, is eligible for a limited registration while
serving on the academic staff of the medical school or podiatry school. Upon
recommendation of the dean of an accredited school of medicine, podiatry in
this state, the board in its discretion, after being satisfied that the
applicant is a graduate of a foreign podiatry school and a person of
professional rank whose knowledge and special training will benefit that
medical school, podiatry school may issue to that podiatrist a limited
registration to engage in the practice of podiatry to the extent that the
practice is incidental to a necessary part of his or her academic appointment
and then only in the hospital or hospitals and out-patient clinics connected
with the medical school or podiatry school. Except to the extent authorized by
this section, the registrant shall not engage in the practice of podiatry or
receive compensation for that practice, unless he or she is issued a license to
practice podiatry. The registration is valid for a period of not more than one
year expiring on the 30th day of June following its initial effective date but
may be renewed annually; provided, that such registration automatically expires
when the holder's relationship with the medical school or podiatry school is
terminated. The application fee for the registration authorized under this section is five hundred and seventy ($570) The and for the application fee for biennial renewal,
as promulgated by the director, shall be not less
than two hundred and eighty ($280) nor more than four hundred dollars ($400)
as set forth in § 23-1-54.
SECTION 4. Sections 5-30-6, 5-30-7, 5-30-8 and 5-30-12 of the General Laws in Chapter 5-30 entitled “Chiropractors” are hereby amended to read as follows:
5-30-6. Qualifications
and examinations of applicants. -- Every person desiring to begin the
practice of chiropractic medicine, except as provided in this chapter, shall
present satisfactory evidence to the division of professional regulation of the
department of health, verified by oath, that he or she is more than
twenty-three (23) years of age, of good moral character, and that before he or
she commenced the study of chiropractic medicine had satisfactorily completed
credit courses equal to four (4) years of pre-professional study acceptable by
an accredited academic college and obtained a bachelor of science or bachelor
of arts degree and subsequently graduated from a school or college of
chiropractic medicine approved by the division of professional regulation of
the department of health, and has completed a residential course of at least
four (4) years, each year consisting of at least nine (9) months study. Any
qualified applicant shall take an examination before the state board of
chiropractic examiners to determine his or her qualifications to practice
chiropractic medicine. Every applicant for an examination shall pay a fee of sixty-two dollars and fifty cents ($62.50) as set forth in section 23-1-54 for the
examination to the division of professional regulation. Every candidate who
passes the examination shall be recommended by the division of professional
regulation of the department of health to the director of the department of
health to receive a certificate of qualification to practice chiropractic
medicine.
5-30-7. Certification
of chiropractic physicians authorized to practice in other states. --
The division of professional regulation of the department of health may, at its
discretion, dispense with the examination of any chiropractic physician
authorized to practice chiropractic medicine in any other state, and who has
been practicing his or her profession in that state for at least five (5) years
and desires to reside permanently and practice his or her profession in this
state, provided the laws of that state require qualifications of a grade equal
to those required in Rhode Island, and provided that equal rights are accorded
by that state to chiropractic physicians of Rhode Island. The chiropractic
physician shall make an application to the division for exemption from
examination and the division may in its discretion exempt him or her. If the
division exempts him or her, he or she shall pay a fee of ninety dollars ($90.00) as set forth in § 23-1-54 for a certificate of
exemption from that examination, and upon receipt of that fee, the division
shall recommend him or her to the director of the department of health to
receive a certificate of qualification to practice chiropractic medicine.
5-30-8. Certification to practice physiotherapy. -- (a) Every person desiring to practice physiotherapy in addition to chiropractic medicine and who completed a course of four (4) years, of eight (8) months each, in some school of chiropractic medicine approved by the division of professional regulation of the department of health, completed a course of three (3) years, of nine (9) months each, at some school of chiropractic medicine approved by the division and an additional year, of at least six (6) months, in physiotherapy and all branches of that field, at that school, or has served as an intern for six (6) months in any year at an institution approved by the division, and satisfies the division that he or she is qualified, may take an examination before the state board of chiropractic examiners to determine his or her qualification to practice physiotherapy in addition to chiropractic medicine.
(b) Every applicant for that examination shall pay a fee of sixty dollars ($60.00) for the examination to
the division of professional regulation of the department of health, provided
that if the examination is taken at the same time as the examination to
determine the applicant's fitness to practice chiropractic medicine, but only
one fee of ninety dollars ($90.00) as set forth in § 23-1-54 is charged. Every
candidate who passes that examination shall be recommended by the division of
professional regulation of the department of health to the director of the
department of health to receive a certificate of qualification to practice
physiotherapy.
5-30-12. Annual
registration -- Payment of fees. -- Annually, during the month of
October in each year, every person granted a certificate to practice
chiropractic medicine shall register his or her name, address, and place of
business with the division of professional regulation of the department of
health. The division shall keep a book for that purpose, and each person
registering shall pay a fee of one hundred and
seventy dollars ($170) as set forth in §
23-1-54 and shall receive a certificate of registration for the next
succeeding fiscal year, unless the certificate of practice has been suspended
or revoked for cause, as provided in § 5-30-13. All fees for
examination, for certificate of exemption from examination, and for annual
registration shall be deposited as general revenues.
SECTION 5. Sections 5-31.1-6, 5-31.1-21, 5-31.1-22 and 5-31.1-23 of the General Laws in Chapter 5-31.1 entitled “Dentists and Dental Hygienists” are hereby amended to read as follows:
5-31.1-6. License to practice -- Qualifications of applicants -- Fee -- Reexamination. -- (a) Authority to practice dentistry or dental hygiene under this chapter is by a license, issued by the director of the department of health, to any reputable dentist or dental hygienist who intends to practice dentistry or dental hygiene in this state, and who meets the requirements for licensure prescribed in this chapter and regulations established by the board or the director.
(b) Applicants for licensure as dentists shall:
(1) Present satisfactory evidence of graduation from a school of dentistry accredited by the American Dental Association Commission on Dental Accreditation or its designated agency and approved by the board;
(2) Meet any other requirements that the board or director by regulation establishes; and
(3) Pass in a satisfactory manner any examinations that the board requires.
(c) Applicants for licensure as dental hygienists shall:
(1) Present satisfactory evidence of graduation from a school for dental hygiene accredited by the American Dental Association Commission on Dental Auxiliary Accreditation or its designated agency and approved by the board;
(2) Meet any other requirements that the board or director by regulation establishes; and
(3) Pass in a satisfactory manner any examination that the board requires.
(d) Any dentist applying for licensure
shall pay an application fee of five hundred and seventy dollars ($570)
and any dental hygienist applying for licensure shall pay an application fee of one hundred and thirty dollars ($130) as set forth in § 23-1-54. Application fees shall
in no case be returned. Applicants requiring reexamination for dentistry shall submit a fee of five hundred and seventy dollars ($570)
for each reexamination. Applicants requiring reexamination and for dental hygiene shall submit a fee of one hundred and thirty dollars ($130) fees as set forth in § 23-1-54 for each
reexamination.
(e) Notwithstanding any other provision of law, the board of dental examiners may issue a special license to qualifying dentists and dental hygienists under the terms and conditions set forth in this section and pursuant to requirements which may be set forth in the rules and regulations of the board. The special license may only be issued to a person who is retired from the practice of dentistry or dental hygiene and not currently engaged in such practice either full-time or part-time and has, prior to retirement, maintained full licensure in good standing in dentistry or dental hygiene in any state.
(2) The special licensee shall be permitted to practice dentistry or dental hygiene only in the non-compensated employ of public agencies or institutions, not-for-profit agencies, not-for-profit institutions, nonprofit corporations, or not-for-profit associations which provide dentistry or dental hygiene services only to indigent patients in areas which are underserved by dentists or dental hygienists or critical need population areas of the state.
(3) The person applying for the special license under this section shall submit to the board a notarized statement from the employing agency, institution, corporation, association or health care program on a form prescribed by the board, whereby he or she agrees unequivocally not to receive compensation for any dentistry or dental hygiene services he or she may render while in possession of the special license.
(4) Any application fees and all licensure and renewal fees shall be waived for the holder of the special license under this section.
(5) A dentist or dental hygienist licensed pursuant to this section shall comply with the continuing education requirements established by the board of dental examiners in this state.
5-31.1-21. Biennial registration. -- (a) Effective beginning in the calendar year 2006, on or before the first day of May in each even-numbered year the board shall mail an application for biennial registration to every person to whom a license to practice dentistry or dental hygiene in this state has been granted by the constituted licensing authority in the state. Every licensed person who intends to engage in the practice of his or her profession during the ensuing two (2) years shall register his or her license by filing with the board that application executed together with any registration form and fee that is established by regulation by the director on or before the first day of June in each even-numbered year. Upon receipt of that application and fee, the board shall issue a registration certificate effective July 1 and expiring two (2) years following June 30, and that registration certificate shall render its holder a registered practitioner of dentistry or dental hygiene for that registration period.
(b) The registration certificate of all dentists and dental
hygienists whose renewals accompanied by the prescribed fee are not filed on or
before the first day of July automatically expire. The board may in its
discretion and upon the payment by the dentist or dental hygienist of the
current registration fee plus an additional fee of
ninety dollars ($90.00) as set forth in
§ 23-1-54 reinstate any certificate expired under the provisions of
this section. All unexpended monies in the account of the board of dentistry
are transferred to the new board of dentistry as created by this section as of
June 2, 1988.
(c) Dentists and dental hygienists not intending to practice in
this state may request on a biennial basis to be placed on inactive status.
Those requests must be made, in writing, to the dental administrator and must
be accompanied by a fee of one hundred and seventy
dollars ($170) for dentists and ninety dollars ($90.00) for dental hygienists
fees as set forth in § 23-1-54. Persons
on inactive status may be reinstated by paying the current annual registration
fee and must meet any requirements established by this chapter and as are
further prescribed by the rules and regulations.
5-31.1-22. Limited
registrations. -- An applicant for limited registration under this
chapter who furnishes the board with satisfactory proof that the applicant is
eighteen (18) years of age or older and of good moral character, that the
applicant has graduated from a dental school accredited by the American Dental
Association Commission on Dental Accreditation or its designated agency and
approved by the board, and that the applicant has been appointed an intern,
resident, fellow, or dental officer in a hospital or other institution
maintained by the state, or by a city or town, or in a hospital or clinic which
is incorporated under the laws of this state or in a clinic which is affiliated
with a hospital licensed by the department of health, or in an out-patient
clinic operated by the state, may, upon the payment of
fifty dollars ($50.00) as set forth in §
23-1-54 , be registered by the board as a hospital dental officer
for any time that the board prescribes; but that limited registration entitles
the applicant to practice dentistry in the hospital or other institution
designated on his or her certificate of limited registration, or outside that
hospital or other institution for the treatment, under the supervision of one
of its dental officers who is a licensed dentist, in the state of persons
accepted by it as patients, or in any hospital, institution, clinic, or program
affiliated for training purposes with the hospital, institution, or clinic designated
on this certificate, which affiliation is approved by the board, and in any
case under regulations established by that hospital, institution, or clinic.
Each hospital, institution, or clinic shall annually submit to the board a list
of training programs which comply with the terms of this section. Limited
registration under this section may be revoked at any time by the board. The
board and/or the director may promulgate any rules and regulations that it
deems necessary to carry out the provisions of this section.
5-31.1-23. Limited registration -- Academic faculty – Fees. -- (a) Notwithstanding any other provisions of this chapter, a dentist of noteworthy and recognized professional attainment, who is a clearly outstanding dentist and who has been offered by the dean of a medical school, dental school, or school of dental hygiene in this state a full-time academic appointment, is eligible for a limited registration while serving on the academic staff of the medical school, dental school, or school of dental hygiene. Upon recommendation of the dean of an accredited school of medicine, dentistry, or school of dental hygiene in this state, the board in its discretion, after being satisfied that the applicant is a graduate of a foreign dental school and a person of professional rank whose knowledge and special training will benefit that medical school, dental school, or school of dental hygiene may issue to that dentist a limited registration to engage in the practice of dentistry to the extent that the practice is incidental to a necessary part of his or her academic appointment and then only in the hospital or hospitals and out-patient clinics connected with the medical school, dental school, or school of dental hygiene.
(b) Except to the extent authorized by this section, the registrant shall not engage in the practice of dentistry or receive compensation for it, unless he or she is issued a license to practice dentistry in accordance with the provisions of this chapter. The registration is valid for a period of not more than one year expiring on the 30th day of June following its initial effective date but may be renewed annually. The registration shall automatically expire when the holder's relationship with the medical school, dental school, or school of dental hygiene is terminated.
(c) The application fee for the registration authorized and for initial annual renewal under this section
is five hundred and seventy dollars ($570)
as set forth in § 23-1-54. The application fee for initial annual renewal is one hundred
and seventy ($170). Subsequently, fees are as promulgated by the
director.
SECTION 6. Sections 5-32-3, 5-32-6, 5-32-7, 5-32-13 and 5-32-17 of the General Laws in Chapter 5-32 entitled “Electrolysis” are hereby amended to read as follows:
5-32-3. Certificates
-- Applications -- Penalty for violations. -- The division of
professional regulation of the department of health shall issue certificates to
practice electrolysis, as defined in this chapter, to any persons that comply
with the provisions of this chapter. Any person who desires to engage in that
practice shall submit, in writing, in any form that is required by the board,
an application for a certificate to engage in that practice. The application
shall be accompanied by a fee of one hundred dollars
($100) as set forth in § 23-1-54.
Any person, firm, corporation or association violating any of the provisions of
this chapter commits a misdemeanor and, upon conviction, shall be punished by a
fine not to exceed two hundred dollars ($200), or imprisoned for a period not
to exceed three (3) months, or both the fine and imprisonment.
5-32-6. Examination of applicants -- Expiration and renewal of certificates. -- (a) Examination of applicants for certificates shall be held at least twice a year in the city of Providence and may be held elsewhere at the discretion of the division of professional regulation of the department of health. The division has the power to adopt, change, alter and amend, rules and regulations for the conducting of those examinations, and may fix the fee for reexamination. The division shall issue to each person successfully passing the examination, where an examination is required, and who satisfies the division of his or her qualifications, a certificate, signed by the administrator of the division, entitling him or her to practice that business in this state for the annual period stated in the certificate, or until the certificate is revoked or suspended, as subsequently provided.
(b) All certificates shall expire on the 30th day of April of each
year, unless sooner suspended or revoked, and shall be renewed for the next
ensuing year by the division upon payment to the division of an annual renewal
fee of thirty-one dollars and fifty cents ($31.50)
as set forth in § 23-1-54 for each
renewal.
5-32-7. Certification
of licensees from other states. -- Any person licensed to practice
electrolysis in any other state or states, who is, or in good faith intends to
become, a resident of this state, where the requirements are the equivalent of
those of this state and who meets the requirements of this chapter shall be
entitled to take that examination and, if he or she passes that examination,
shall be, upon the payment of a fee of sixty-two
dollars and fifty cents ($62.50) as set
forth in § 23-1-54 , entitled to be licensed under the provisions of
this chapter.
5-32-13. Annual
renewal of certificates. -- All certificates issued under the provisions
of this chapter shall be renewed annually by the holders of the certificate at
an annual renewal fee of thirty-one dollars and
fifty cents ($31.50) as set forth in §
23-1-54 by the division of professional regulation of the department
of health.
5-32-17. Qualifications for teaching electrolysis -- (a) A person in order to qualify as an instructor or teacher of electrolysis to apprentices must:
(1) Have been actively engaged as a licensed practitioner of electrolysis for at least five (5) years.
(2) Pass a state board examination specifically designed to evaluate his or her qualifications to teach electrolysis.
(3) Be a high school graduate or the equivalent.
(b) Upon satisfactorily passing this examination, the division of
professional regulation of the department of health shall issue a license to
the person upon the payment of a fee of eighty dollars
($80.00) as set forth in § 23-1-54.
(c) A qualified licensed electrologist shall not register more than one apprentice for each nine (9) month training period.
SECTION 7. Sections 5-33.2-12, 5-33.2-13.1, 5-33.2-15, and 5-33.2-16 of the General Laws in Chapter 5-33.2 entitled “Funeral Director/Embalmer Funeral Service Establishments” are hereby amended to read as follows:
5-33.2-12. funeral
establishment and branch offices licenses. -- (a) No person,
association, partnership, corporation, limited liability company or otherwise,
shall conduct, maintain, manage, or operate a funeral establishment or branch
office unless a license for each funeral establishment and branch office has
been issued by the department and is conspicuously displayed. In the case of funeral
services conducted under the license of a funeral establishment held in any
private residence, public building or church, no separate establishment license
shall be required. A licensed funeral establishment must be distinct and
separate from other non- funeral service related activity for which it is
licensed. No license to operate a funeral establishment shall be issued by the
department unless the applicant for the funeral establishment license has
registered with the department a licensed funeral director/embalmer who shall
be in charge as the funeral director of record. The branch office of a funeral
establishment must have a separate branch office establishment license but not
a separate funeral director of record. One branch office shall be allowed to
operate under the funeral establishment license, and this one branch office may
be permitted to operate without a preparation room. Applications for the
funeral establishment license and branch office shall be made on forms
furnished by the division accompanied by the application fee of seventy dollars ($70.00) for the funeral establishment
and seventy dollars ($70.00) for each branch office fees as set forth in § 23-1-54. Upon receipt of a
completed application and the recommendation of the board, the division shall
issue a license. All funeral establishment and branch office licenses shall
expire on the thirty-first day of December of each year, unless sooner
suspended or revoked. A license shall be issued to a specific licensee for a
specific location and is not transferable. The funeral establishment licensee
shall notify the division, in writing, delivered in person or by certified
mail, within ten (10) days from the date of termination of employment, for any
cause, of the funeral director/embalmer of record with the division for the
funeral establishment. The license of the funeral establishment shall expire
forty-five (45) days from the date the division was notified by the licensee,
if no new funeral director/embalmer is registered with the division. No funeral
services shall be conducted at the funeral establishment without a funeral
director/embalmer being registered with the division as the funeral director of
record for that funeral establishment. Two (2) licensed funeral directors may
operate jointly at one location if one of their existing funeral establishments
closes its place of business and joins an existing licensed funeral
establishment. Each firm will hold its own separate establishment license. One
cannot operate a branch office by invoking this section. Human dead remains
shall not be held more than forty-eight (48) hours without embalming or without
refrigeration for the purpose of maintaining public health. A funeral
establishment must at the minimum contain a preparation room equipped with
tile, cement, or composition floor, necessary drainage and ventilation, and
containing necessary instruments and supplies for the preparation and embalming
of dead human remains for burial, transportation, or other disposition.
(b) Any person who inherits any ownership interest to a funeral establishment may continue to conduct the business of that establishment as their ownership interest would allow upon the following:
(1) Filing with the division a statement of change of fact concerning that inheritance.
(2) Conducting the business of the establishment in compliance with all the requirements of this chapter.
5-33.2-13.1. Crematories
– License and inspection. --No crematory owned or operated by or located
on property licensed as a funeral establishment or at another location or by a
cemetery shall conduct cremations without first having applied for and obtained
a license from the department. Applications for the crematory license shall be
made on forms furnished by the division accompanied by the application fee of ninety dollars ($90.00) as set forth in § 23-1-54. Upon receipt of a
completed application, the department shall issue a license. A license shall be
issued to a specific licensee for a specific location and is not transferable.
The facility and licensee shall meet all requirements as prescribed by the
rules and regulations established by the department, not inconsistent with this
chapter.
5-33.2-15. Annual
renewal of licenses. --All licenses issued under the provisions of this
chapter must be renewed annually by their holders, who shall pay to the
division a yearly renewal fee of one hundred and
thirty dollars ($130) for the renewal of a funeral
director/embalmer's license, ninety dollars ($90.00)
and additional fees for each funeral establishment
branch office license and ninety dollars ($90.00)
for the crematory license. These fees are as set
forth in § 23-1-54. On or before the fifteenth day of November in
each year, the division shall mail to each licensed funeral director/embalmer and
to each licensed funeral establishment, funeral establishment branch office and
crematory an application for the renewal. Applications, accompanied by the fee
for renewal, shall be filed with the division on or before the thirty-first day
of December in each year. Applications filed after the thirty-first of December
and on or before the fifteenth of January must be accompanied by a fee of seventy dollars ($70.00) as set forth in § 23-1-54 for funeral
director/embalmers and funeral establishments in addition to the previously
established renewal fees. Any funeral director/embalmer who acts or holds
himself or herself out as a funeral director/embalmer after his or her
certificate has been lapsed shall be punished as provided in this chapter. Any
funeral establishment, funeral establishment branch office or crematory who
acts or holds itself out as a funeral establishment after its license has
lapsed shall be punished as provided in this chapter.
5-33.2-16. Funeral
director/Embalmer -- Internship. -- (a) Nothing in this chapter shall be
construed as prohibiting any person from serving as a funeral director/embalmer
intern. Before an internship begins the person desiring to become an intern
shall register with the division on any forms that it prescribes. No person
under the age of eighteen (18) years shall be permitted to register as an
intern. The division may make any rules and regulations that it deems advisable
for the supervision of interns. All persons registering as an intern shall pay
a fee of forty dollars ($40.00) as set forth in § 23-1-54 at the time of the
registration. That intern is not permitted to advertise or hold himself or
herself out to the public as a registered funeral director/embalmer. The term
of internship shall be not less than one year; provided, that if an intern
after having served his or her internship fails to pass the examination for a
funeral director/embalmer's license or fails to embalm fifty (50) human remains
during their internship, he or she may continue their internship. The total
term of internship must be completed within five (5) years from the date of
original registration.
(b) The intern must have assisted in embalming at least fifty (50) bodies if the period for registered internship is to be satisfied in one year. If the internship is for more than one year, the applicant must embalm at least twenty-five (25) bodies for each year of their internship. Each licensed funeral establishment embalming up to one hundred fifty (150) human remains per year shall be allowed to register one intern at one time. Each establishment embalming more than one hundred fifty (150) but less than three hundred (300) human remains per year shall be allowed to register two (2) interns at one time. Each establishment embalming three hundred (300) or more human remains per year shall be allowed to register three (3) interns at one time.
SECTION 8. Sections 5-34-12, 5-34-16, 5-34-19, 5-34-37, and 5-34-40.3 of the General Laws in Chapter 5-34 entitled “Nurses” are hereby amended to read as follows:
5-34-12. Application
fee for professional nurses. --The applicant for a license to practice
as a professional nurse shall pay a fee of one
hundred and thirty dollars ($130) as set
forth in § 23-1-54.
5-34-16. Application
fee for practical nurse licensure. -- The applicant for licensure to
practice as a licensed practical nurse shall pay a fee
of ninety ($90.00) as set forth in §
23-1-54.
5-34-19. Expiration
and renewal of licenses -- (a) The license of every person licensed
under this chapter shall expire on the first day of March of every other year
following the date of license. On or before the first day of January of every
year, the director shall mail an application for renewal of license to people
scheduled to be licensed that year. Every person who wishes to renew his or her
license shall file with the department a duly executed renewal application
together with the renewal fee of ninety dollars
($90.00) as set forth in § 23-1-54.
(b) Upon receipt of an application accompanied by payment of fees, the department shall grant a renewal license effective March second and expiring two (2) years later on March first, and that renewal license shall render the holder a legal practitioner of nursing for the period stated on the certificate of renewal. Every person seeking renewal of a license pursuant to this section shall provide satisfactory evidence to the department that in the preceding two (2) years the practitioner has completed the ten (10) required continuing education hours as established by the department through rules and regulations. The department may extend for only one six (6) month period these educational requirements if the department is satisfied that the applicant has suffered hardship, which prevented meeting the educational requirement.
(c) Any person practicing nursing during the time his or her license has lapsed shall be considered an illegal practitioner and is subject to the penalties provided for violation of this chapter.
(d) A licensee whose license has expired by failure to renew may apply for reinstatement according to the rules established by the board. Upon satisfaction of the requirements for reinstatement, the board shall issue a renewal of license.
5-34-37. Application
fee for certified registered nurse practitioners. -- The initial
application fee for licensure as a certified registered nurse practitioner shall be one hundred and thirty dollars ($130). The
, the renewal fee for a certified
registered nurse practitioner shall be one hundred
and thirty dollars ($130) biennially, ninety dollars ($90.00) for registered
nurse fee plus forty dollars ($40.00) for the certified registered nurse
practitioner. The ,and the
fee for application for prescriptive privileges shall be fifty dollars ($50.00) as set forth in § 23-1-54.
5-34-40.3. Application
fee for psychiatric and mental health clinical nurse specialists. -- The
initial application fee for licensure as a psychiatric and mental health
clinical nurse specialist, shall be one hundred and thirty dollars ($130). The
the renewal fee for a psychiatric and
mental health clinical nurse specialist,
shall be one hundred and thirty dollars ($130)
biennially; ninety dollars ($90.00) for the registered nurse fee plus forty
dollars ($40.00) for the psychiatric and mental health clinical nurse
specialist. The fee and the for application fee
for prescriptive privileges shall be fifty dollars
($50.00) as set forth in § 23-1-54.
SECTION 9. Section 5-34.2-4 of the General Laws in Chapter 5-34.2 entitled “Nurse Anesthetists” is hereby amended to read as follows:
5-34.2-4. Duties of
board. -- (a) Applications. Applicants for licensure shall submit
appropriate certification credentials, as described in § 5-34.2-3, plus an
application fee (not refundable) made payable to the general treasurer, state
of Rhode Island, for one hundred and thirty dollars
($130) as set forth in § 23-1-54.
(b) Renewal. Licensure as a nurse anesthetist shall be
renewed during the same period as the professional registered nurses license to
practice in Rhode Island. Renewal fee for a nurse anesthetists license shall be
one hundred and thirty ($130), ninety dollars
($90.00) of this shall be for the professional registered nurses license and
forty dollars ($40.00) of this shall be for the nurse anesthetists license
as set forth in § 23-1-54.
(c) Revocations, suspension or refusal to renew licensure. The board may revoke, suspend or refuse to renew the licensure of any nurse anesthetist, if the board finds that the person fails to meet the requirements for practice as a nurse anesthetist specified in either this chapter or board regulation.
(d) Announcement of practice. No person may practice or advertise as a nurse anesthetist or use other words, letters, signs, figures or devices to indicate that the person is a certified registered nurse anesthetist, CRNA, until the person has first been licensed by the board.
SECTION 10. Sections 5-35.1-4, 5-35.1-7 and 5-35.1-20 of the General Laws in Chapter 5-35.1 entitled “Optometrists” are hereby amended to read al follows:
5-35.1-4. Fee for
license. -- Every applicant shall pay to the department a fee of ninety dollars ($90.00) as set forth in § 23-1-54 which shall accompany
his or her application for a license.
5-35.1-7. Renewal of
license to practice optometry. --Every licensed optometrist who desires
to continue the practice of optometry shall attest to the completion of a
prescribed course of continuing optometric education. He or she shall annually
pay to the department a renewal fee of one hundred
seventy dollars ($170). An additional fee of seventy dollars ($70.00) shall be charged to the licensee
who fails to renew by the license expiration date. Retirement from practice in
this state for a period not exceeding five (5) years shall not deprive the
holder of a certificate of license or the right to renew a certificate upon the
payment of all annual renewal fees remaining unpaid, and a further fifty dollars ($50.00) as together with an added fee. All fees required by this section shall be as set forth in §
23-1-54.
5-35.1-20 Penalty for
violations. -- Any person who violates the provisions of this
chapter shall be punished by a fine or not more than two hundred dollars ($200) that set
forth in § 23-1-54, or shall be imprisoned for not more than three
(3) months for each offense.
SECTION 11. Section 5.35.2-3 of the General Laws in Chapter 5-53.2 entitled “Opticians” is hereby amended to read as follows:
5-35.2-3. Optician's
biennial license fee. -- Every applicant
shall pay to the department a fee of ninety dollars
($90) as set forth in § 23-1-54 which shall accompany his or her application for a
license. No one shall be permitted to practice opticianry without a valid
license.
SECTION 12. Sections 5-37-2, 5-37-10, 5-37-16 and 5-37-16.1 of the General Laws in Chapter 5-37 entitled “Board of Medical Licensure and Discipline” are hereby amended to read as follows:
5-37-2. License to
practice -- Qualifications of applicants -- Fee – Reexamination. -- (a)
Authority to practice allopathic or osteopathic medicine under this chapter
shall be by a license issued by the director of the department of health to any
reputable physician who intends to practice allopathic or osteopathic medicine
in this state, and who meets the requirements for licensure established in this
chapter and regulations established by the board or by the director. Applicants
for licensure shall present satisfactory evidence of graduation from a medical
school or school of osteopathic medicine approved by the board and in good
standing, shall meet post graduate training requirements and any other
requirements that the board or director establishes by regulation, and shall
pass in a satisfactory manner any examination that the board may require. Any
physician applying for licensure shall pay an
a non refundable application fee of five hundred and seventy dollars ($570) and that fee shall
in no case be returned. Applicants requiring reexamination shall submit a fee
of five hundred and seventy dollars ($570) and when applicable a reexamination fee for each
reexamination, in a total amount as set forth in § 23-1-54.
(2) A license to practice allopathic medicine shall be issued to persons who have graduated from a school of medicine, possess a degree of doctor of medicine (or meet the requirements of subsection (b) of this section), and meet the requirements for licensure.
(3) A license to practice osteopathic medicine shall be issued to persons who have graduated from a school of osteopathic medicine and possess a degree of doctor of osteopathy and otherwise meet the requirements for licensure. A license to practice osteopathic medicine shall confer upon the holder the right to practice osteopathic medicine in all its branches as taught and practiced in accredited colleges of osteopathic medicine. The holder of that license shall be subject to the same duties and liabilities and entitled to the same rights and privileges, which may be imposed by law or governmental regulation, upon physicians of any school of medicine.
(b) Qualification of Certain Other Applicants for License. Notwithstanding any other provisions of this section an individual, who at the time of his or her enrollment in a medical school outside the United States is a citizen of the United States, shall be eligible to apply for a certificate pursuant to this section if he or she has satisfied the following requirements:
(i) Has studied medicine in a medical school located outside the United States, which is recognized by the World Health Organization;
(ii) Has completed all of the formal requirements of the foreign medical school except internship and/or social service;
(iii) Has attained a score satisfactory to a medical school approved by the liaison committee on medical education on a qualifying examination acceptable to the state board for medicine, and has satisfactorily completed one academic year of supervised clinical training under the direction of any United States medical school;
(iv) Has completed the post-graduate hospital training required by the board of applicants for licensure; and
(v) Has passed the examination required by the board of all applicants for licensure.
(2) Satisfaction of the requirements of subdivision (1) of this subsection is in lieu of the completion of any foreign internship and/or social service requirements, and no such requirements are a condition of licensure as a physician in this state.
(3) Satisfaction of the requirements of subdivision (1) of this subsection is in lieu of certification by the educational council for foreign medical graduates, and this certification is not a condition of licensure as a physician in this state.
(4) No hospital licensed by this state, or operated by the state or a political subdivision of the state, or which receives state financial assistance, directly or indirectly, requires an individual, who at the time of his or her enrollment in a medical school outside the United States is a citizen of the United States, to satisfy any requirements other than those contained in paragraphs (1)(i),(ii), and (iii) of this subsection prior to commencing an internship or residency.
(5) A document granted by a medical school located outside the United States which is recognized by the World Health Organization issued after the completion of all the formal requirements of that foreign medical school except internship and/or social service, upon certification by the medical school in which this training was received of satisfactory completion by the person to whom this document was issued of the requirements in paragraph (1)(iii) of this subsection, shall be deemed the equivalent of a degree of doctor of medicine for purposes of licensure and practice as a physician in this state.
(6) No funds appropriated by the general assembly to any school or college of medicine shall be disbursed until the director of the department of health has certified that this school or college has established, and will maintain until December 31, 1989, a clinical training program as contemplated by paragraph (1)(iii) of this subsection, to accommodate residents of this state deemed qualified by that school or college of medicine consistent with that school's or college's educational resources.
5-37-10. Annual registration – Physicians -- Hospitals. -- (a) Effective beginning in calendar year 2004, on or before the first day of March in each year, the board shall mail an application for biannual registration to every person to whom a license to practice medicine in this state has been granted by the licensing authority in the state. Every licensed person who intends to engage in the practice of his or her profession during the ensuing two (2) year period shall register his or her license by submitting to the board, on or before June 1, the application, executed together with the registration form, and fee as established by regulation by the director of the department of health. Upon receipt of the application and fee the board shall issue a registration certificate effective July 1 and expiring two (2) years following on June 30. The registration certificate renders the holder a registered practitioner of medicine for that registration period. Effective beginning in calendar year 2004, any references in this chapter to annual registration or annual limited registration shall be interpreted to mean biannual registration and biannual limited registration, respectively.
(b) The registration certificate of all physicians whose renewals
accompanied by the prescribed fee are not completed and filed on or before the
first day of July shall automatically lapse. The board may, in its discretion
and upon the payment by the physician of the current registration fee plus an
additional fee of one hundred and thirty dollars
($130) as set forth in § 23-1-54,
reinstate any certificate lapsed under the provisions of this section.
(c) Hospitals shall, on or before the first day of December of each year, submit an application and annual fee to the board as a condition of rendering hospital services in the state. The form of application and fee shall be as the director, by regulation, establishes; provided, that the ratio of payment between hospital per bed licensing fees and the combined licensing and board of medical licensure and discipline fees paid by physicians remain the same as the ratio that existed as of January 1, 1987. All fees collected pursuant to this section shall be deposited as general revenues.
5-37-16. Limited
registrations. -- (a) An applicant for limited registration under this
chapter who furnishes the board with satisfactory proof that the applicant is
eighteen (18) years of age or older and of good moral character, that the
applicant has graduated from a legally chartered medical school or school of
osteopathic medicine having power to grant degrees in allopathic or osteopathic
medicine, and that the applicant has been appointed an intern, resident, fellow
or medical officer in a hospital or other institution maintained by the state,
or by a city or town, or in a hospital or clinic which is incorporated under
the laws of this state, or in a clinic which is affiliated with a hospital
licensed by the department of health, or in an out-patient clinic operated by
the state, may, upon the payment of forty dollars
($40.00) as set forth in § 23-1-54,
be registered by the board as a hospital medical officer for any time that the
board may prescribe. This limited registration shall entitle the applicant to
practice medicine in the hospital or other institution designated on his or her
certificate of limited registration, or outside this hospital or other
institution for the treatment, under the supervision of one of its medical
officers who is a licensed physician, of persons accepted by it as patients, or
in any hospital, institution, clinic, or program affiliated for training
purposes with the hospital, institution, or clinic designated on this
certificate, which affiliation is approved by the board, and in any case under
regulations established by the hospital, institution, or clinic; provided, that
each hospital, institution, or clinic annually submits to the board a list of
affiliated hospitals, institutions, clinics, or programs providing training
programs which comply with the terms of this section. Limited registration
under this section may be revoked at any time by the board.
(b) The director may promulgate any rules and regulations that he or she deems necessary to carry out the provisions of this chapter.
5-37-16.1. Limited
registration – Academic faculty. -- Notwithstanding any other provisions
of this chapter, a physician of noteworthy and recognized professional
attainment who is a clearly outstanding physician and who has been offered by
the dean of a medical school in this state a full-time academic appointment,
shall be eligible for a limited registration while serving on the academic
staff of the medical school. Upon recommendation of the dean of an accredited
school of medicine in this state, the board in its discretion, after being satisfied
that the applicant is a graduate of a foreign medical school and a person of
professional rank whose knowledge and special training will benefit the medical
school in this state, may issue to this physician a limited registration to
engage in the practice of medicine to the extent that this practice is
incidental to a necessary part of his or her academic appointment and then only
in the hospital or hospitals and out-patient clinics connected with the medical
school. Except to the extent authorized by this section, the registrant shall
not engage in the practice of medicine or receive compensation for his or her
limited registration work, unless he or she is issued a license to practice
medicine in accordance with the provisions of § 5-37-2. The registration shall
be valid for a period of not more than one year expiring on the 30th day of
June following its initial effective date but may be renewed annually;
provided, that the registration automatically expires when the holder's
relationship with the medical school is terminated. The application fee for the
initial registration authorized under this section shall
be four hundred and sixty dollars ($460); and the initial application fee for annual renewal shall be one hundred and thirty dollars ($130) as set forth in § 23-1-54. thereafter Thereafter
the fees shall be as promulgated by regulation of the director.
SECTION 13. Section 5-37.2-10, 5-37.2-13 and 5-37.2-14 of General Laws entitled “The Healing Art of Acupuncture” are hereby amended to read as follows:
5-37.2-10. Application
for licenses -- Fees. -- An applicant for examination for a license to
practice acupuncture or any branch of acupuncture,
shall:
(1) Submit an application to the department on forms provided by the department;
(2) Submit satisfactory evidence that he or she is twenty-one (21) years or older and meets the appropriate education requirements;
(3) Pay a fee of one hundred and
seventy dollars ($170) as set forth in §
23-1-54 and
(4) Pay any fees required by the department for an investigation of the applicant or for the services of a translator, if required, to enable the applicant to take the examination.
5-37.2-13. Issuance of license for acupuncture assistant. -- An applicant for a license for acupuncture assistant shall be issued a license by the department if he or she:
(1) Has successfully completed a course of study in acupuncture in any college or school in any country, territory, province, or state requiring any attendance to thirty-six (36) months;
(2) Practiced acupuncture for not less than three (3) years; and
(3) Passes the examination of the department for acupuncture
assistant.;
and
(4) Pays any fees as set forth in section 23-1-54.
5-37.2-14. Recordation and display of licenses – Annual registration fee – Penalties for failure to pay fee. -- (a) Every person holding a license authorizing him or her to practice acupuncture or to serve as an acupuncture assistant in this state shall record his or her license with the city or town hall in the city or town where his or her office and residence are located. Every licensee upon a change of residence or office shall have his or her certificate recorded in the same manner in the municipality to which he or she has changed.
(b) Every license shall be displayed in the office, place of business, or place of employment of the license holder.
(c) Every person holding a license shall pay to the department on
or before February 1 of each year, the annual registration fee required
pursuant to subsection (e) of this section
department rules and regulation. If the
holder of a license fails to pay the registration fee his or her license shall
be suspended. The license may be reinstated by payment of the required fee
within ninety (90) days after February 1.
(d) A license which is suspended for more than three (3) months under the provisions of subsection (c) of this section may be canceled by the board after thirty (30) days notice to the holder of the license.
SECTION 14. Section 5-39.1-9 of the General Laws in Chapter 5-39.1 entitled “License Procedure for Social Workers” is hereby amended to read as follows:
5-39.1-9. Fees and
renewal. --The initial fee for application for licensure is one hundred and seventy dollars ($170). Licenses shall be
renewed and the renewal fee
every twenty-four (24) months after initial licensure upon payment of a fee of one hundred and seventy dollars
($170) shall be as set forth in §
23-1-54. Renewal shall be approved upon payment of the fee and in
compliance with any additional requirements that the board promulgates.
SECTION 15. Sections 5-40-8, 5-40-8.1, and 5-40-10 of the General Laws in Chapter 5-40 entitled “Physical Therapists” are hereby amended to read as follows:
5-40-8. Application
fee for physical therapists. -- When an application is submitted to the
division of professional regulation for a license to practice physical therapy
in Rhode Island pursuant to this chapter, either by endorsement or by
examination, the applicant shall pay a fee of one
hundred and seventy dollars ($170) as
set forth in § 23-1-54 to the state department of health.
5-40-8.1. Application
fee for physical therapists assistants. -- When an application is
submitted to the department for a license to practice physical therapy in Rhode
Island pursuant to this chapter, either by endorsement or by examination, the
applicant shall pay a fee of one hundred and thirty
dollars ($130) as set forth in § 23-1-54
to the general treasurer of the state of Rhode Island.
5-40-10. Continuing
education requirements and expiration and renewal of licenses. -- (a)
The certificate of every person licensed under the provisions of this chapter
shall expire on the first day of May of the next even year following the date
of original licensure. On or before the first day of March of each year, the
department shall mail an application for renewal of license to every person to
whom a license has been issued or renewed during the current licensure period.
Every licensed person who desires to renew his or her license shall provide
satisfactory evidence to the department that in the preceding two (2) years the
practitioner has completed the twenty-four (24) required continuing education
hours as established by the department through rules and regulations and shall
file with department a renewal application executed together with a renewal fee
of ninety dollars ($90.00) for physical therapists
and seventy dollars ($70.00) for physical therapist assistants as set forth in § 23-1-54 on or before the
thirty-first day of March of each even year. The department may extend for only
one six (6) month period these educational requirements if the department is
satisfied that the applicant has suffered hardship, which prevented meeting the
educational requirement.
(b) Upon receipt of the renewal application, and payment of the renewal fee, the accuracy of the application shall be verified and the department shall grant a renewal license effective the second day of May, and expiring on the first day of May of the next even year.
(c) Any person who allows his or her license to lapse by failing
to renew it on or before the thirty-first day of March of the next even year,
as provided in this section, may be reinstated by the department on payment of
the current renewal fee plus an additional fee of
forty dollars ($40.00) as set forth in §
23-1-54.
(d) Any person using the title "physical therapist" or "physical therapist assistant" during the time that his or her license has lapsed is subject to the penalties provided for violations in this chapter.
SECTION 16. Sections 5-40.1-12 and 5-40.1-13 of the General Laws in Chapter 5-40.1 entitled “Occupational Therapy” are hereby amended to read as follows:
5-40.1-12. Renewal of licenses - Inactive status. -- (a) Upon the recommendation of the board, the director shall issue to applicants who have satisfactorily met the licensure requirements of this chapter, a license to practice occupational therapy in this state. The license, unless sooner suspended or revoked, shall expire on the thirty-first (31st) day of March, of each even year (biennially).
(1) On or before the first (1st) day of March of each even year, the administrator of the division shall mail an application for renewal of license to every individual to whom a license has been issued or renewed during the current licensure period.
(2) Every licensed individual who desires to renew his or her
license shall file with the division a renewal application executed together
with the evidence of continuing education requirements as delineated in
subdivision (3) of this subsection and the renewal fee of ninety dollars ($90.00) as set forth in § 23-1-54 made payable by check
to the general treasurer, state of Rhode Island, on or before the thirty-first
(31st) day of March of each even year.
(3) On application for renewal of license, occupational therapists and occupational therapy assistants must show proof of participation in twenty (20) hours biennially in presentations, clinical instruction, publications, research, in-service programs, American Occupational Therapy Association-recognized conferences, university course, and/or self-study courses.
(4) Upon receipt of a renewal application and payment of fee, the director shall, upon the recommendation of the board, grant a renewal license effective the thirty-first (31st) day of March for a period of two (2) years, unless sooner suspended or revoked.
(5) Any individual who allows his or her license to lapse by
failing to renew it on or before the thirty-first (31st) day of March of the
next even year as provided in subdivisions (1), (2) and (3) of this subsection,
may be reinstated by the director upon receiving a receipt from the division
for payment of the current renewal fee plus an additional forty dollars ($40.00) fee
as set forth in § 23-1-54 made payable by check to the general
treasurer, state of Rhode Island.
(6) An individual using the title "occupational therapist" or "occupational therapy assistant" during the time his or her license has lapsed is subject to the penalties provided for violation of those regulations and this chapter.
(b) An individual licensed as an occupational therapist or
occupational therapy assistant in this state who does not intend to engage in
the practice of occupational therapy within this state during any year, may
upon request to the division, have his or her name transferred to an inactive
status and shall not be required to register biennially or pay any fee as long
as he or she remains inactive. Any individual whose name has been transferred
to an inactive status pursuant to this section, may be restored to active
status to practice occupational therapy without a penalty fee, upon the filing
of an application for licensure renewal, the licensure renewal fee of ninety dollars ($90.00) as set forth in § 23-1-54 made payable by check
to the general treasurer of the state of Rhode Island, and any other
information that may be requested by the division.
5-40.1-13. Fees. --
When an application is submitted to the division of professional regulation for
a license to practice occupational therapy in Rhode Island, the applicant shall
pay a non-refundable fee of ninety dollars ($90.00)
to the general treasurer. A licensee shall submit a biennial renewal fee of ninety dollars ($90.00) with a renewal
application on or before the thirty-first (31st) day of March of each even year
pursuant to the requirements of § 5-40.1-12(a)(2), and any
person who allows his or her license to lapse by failing to renew it in the
prescribed manner shall pay an additional fee of
forty dollars ($40.00) as referred to in § 5-40.1-12(a)(5). All fees required by this section shall be as set forth in §
23-1-54.
SECTION 17. Sections 5-44-12, 5-44-13, and 5-44-15 of the General Laws in Chapter 5-44 entitled “Psychologists” are hereby amended to read as follows:
5-44-12. Application
fee. -- The applicant applying for licensure as a psychologist shall pay
a fee of two hundred and fifty dollars ($250)
as set forth in § 23-1-54 to the
department.
5-44-13. Temporary license.
-- (a) Pursuant to §§ 5-44-6 and 5-44-23(e) of this chapter
and rules and regulations promulgated hereunder, a temporary permit to practice
psychology under supervision may be granted to a candidate for licensure who
has paid the required fee of ninety dollars ($90.00)
as set forth in § 23-1-54 and has
satisfied the following requirements:
(1) Filed an application for licensure with all required supporting materials;
(2) Has received a doctoral degree in accordance with §5-44-10, and successfully completed a national examination approved by the board;
(3) Shall only practice under the appropriate supervision of a licensed psychologist as delineated in the rules and regulations promulgated hereunder;
(4) Shall refrain from using the title "psychologist" or representing himself or herself as a psychologist other than by using the title "psychology student", "psychology trainee" or "psychology intern"; and
(5) The temporary permit shall be valid for a period of two (2) years from the date of issuance.
(b) Temporary permit holders may request from the board a one year extension. Such an extension may be granted at the discretion of the board upon review of the applicant's circumstances. This extension shall only be granted once.
5-44-15. Expiration and renewal of licenses – Continuing education – Lapsed license. -- (a) The license of every person licensed under the provisions of this chapter shall expire on the first day of July of the next even-numbered year following the issuance of his or her license.
(b) On or before the first day of May of each even-numbered year, the department shall mail an application for renewal of license to every person to whom a license has been issued or renewed during the cycle.
(c) Every licensed person who desires to renew his or her license
shall file with the department a renewal application, executed, together with a
renewal fee of three hundred and forty dollars
($340) as set forth in § 23-1-54,
on or before the first day of June in each even-numbered year. Upon receipt of
a renewal application and payment of the renewal fee, the accuracy of the
application shall be verified and the department may grant a renewal license
effective July 1st and expiring the June 30th in each even-numbered year.
(d) Every licensed psychologist who desires to continue licensure as a licensed psychologist shall present satisfactory evidence to the board and approved by rule or regulation of the board that the licensed psychologist has completed a prescribed course of continuing licensed psychological education.
(e) Any person who allows his or her license to lapse, by failing
to renew it on or before June 1st in each even-numbered year, as provided in
this section, may be reinstated by the department on payment of the current
renewal fee, plus an additional fee of forty dollars
($40.00) as set forth in § 23-1-54.
Any person using the title "psychologist" or offering services
defined as the practice of psychology under this chapter during the time his or
her license has lapsed is subject to the penalties provided for violation of
this chapter.
SECTION 18. Section 5-45-7 and 5-45-10 of the General Laws in Chapter 5-45 entitled “Nursing Home Administrators” is hereby amended to read as follows:
5-45-7. Qualification for licensure. -- In order to be eligible for licensure pursuant to this chapter, a person shall:
(1) Be not less than eighteen (18) years of age and of good moral character.
(2) Have satisfactorily completed a course of instruction and training approved by the department. The course shall be designed as to content and administered as to present sufficient knowledge of the needs properly to be served by nursing homes, laws governing the operation of nursing homes and the protection of the interests of patients in the nursing homes, and the elements of good nursing home administration.
(3) Have passed an examination conducted by the board and designed to test for competence in the subject matter referred to in subdivision (2) of this section. Where the department deems it appropriate for purposes of according with religious teachings, the examination of an individual may exclude any subjects which could be considered in derogation of, or in conflict with, the teachings and practice of any recognized religious faith. Any license issued on the basis of that abridged examination shall be annotated to designate the appropriate limitation of the type of facility of which the licensed individual may be an administrator.
(4) Pay licensure fees as set forth in section 23-1-54.
5-45-10. Renewal of licenses - Continuing education. -- (a) Every holder of a nursing home administrator's license shall renew it every two (2) years by applying to the department on forms provided by that agency.
(b) Each renewal application shall be accompanied by the fee of two hundred dollars ($200) as set forth in § 23-1-54.
(c) Beginning January 1, 1996, proof of satisfactory completion of a minimum of forty (40) clock hours of continuing education every two (2) years must be submitted with the renewal application.
(d) Renewals shall be granted as a matter of course, unless the agency finds the applicant has acted or failed to act in a manner or under circumstances that would constitute grounds for suspension or revocation of a license.
SECTION 19. Sections 5-48-1 and 5-48-9 of the General Laws in Chapter 5-48 entitled “Speech Pathology and Audiology” are hereby amended to read as follows:
5-48-1. Purpose and legislative intent – Definitions. -- (a) It is declared to be a policy of this state that the practice of speech language pathology and audiology is a privilege granted to qualified persons and that, in order to safeguard the public health, safety, and welfare, protect the public from being misled by incompetent, unscrupulous, and unauthorized persons, and protect the public from unprofessional conduct by qualified speech language pathologists and audiologists, it is necessary to provide regulatory authority over persons offering speech language pathology and audiology services to the public.
(b) The following words and terms when used in this chapter have the following meaning unless otherwise indicated within the context:
(1) "Audiologist" means an individual licensed by the board to practice audiology.
(2) "Audiology" means the application of principles, methods, and procedures related to hearing and the disorders of the hearing and balance systems, to related language and speech disorders, and to aberrant behavior related to hearing loss. A hearing disorder in an individual is defined as altered sensitivity, acuity, function, processing, and/or damage to the integrity of the physiological auditory/vestibular systems.
(3) "Audiology support personnel" means individuals who meets minimum qualifications, established by the board, which are less than those established by this chapter as necessary for licensing as an audiologist, who do not act independently, and who work under the direction and supervision of an audiologist licensed under this chapter who has been actively working in the field for twenty-four (24) months after completion of the postgraduate professional experience and who accepts the responsibility for the acts and performances of the audiology assistant while working under this chapter.
(4) "Board" means the state board of examiners for speech language pathology and audiology.
(5) "Clinical fellow" means the person who is practicing speech language pathology under the supervision of a licensed speech language pathologist while completing the postgraduate professional experience as required by this chapter.
(6) "Department" means the Rhode Island department of health.
(7) "Director" means the director of the Rhode Island department of health.
(8) "Person" means an individual, partnership, organization, or corporation, except that only individuals can be licensed under this chapter.
(9) "Practice of audiology" means rendering or offering to render any service in audiology, including prevention, screening, and identification, evaluation, habilitation, rehabilitation; participating in environmental and occupational hearing conservation programs, and habilitation and rehabilitation programs including hearing aid and assistive listening device evaluation, prescription, preparation, dispensing, and/or selling and orientation; auditory training and speech reading; conducting and interpreting tests of vestibular function and nystagmus; conducting and interpreting electrophysiological measures of the auditory pathway; cerumen management; evaluating sound environment and equipment; calibrating instruments used in testing and supplementing auditory function; and planning, directing, conducting or supervising programs that render or offer to render any service in audiology.
(ii) The practice of audiology may include speech and/or language screening to a pass or fail determination, for the purpose of initial identification of individuals with other disorders of communication.
(iii) A practice is deemed to be the "practice of audiology" if services are offered under any title incorporating such word as "audiology", "audiologist", "audiometry", "audiometrist", "audiological", "audiometrics", "hearing therapy", "hearing therapist", "hearing clinic", "hearing clinician", "hearing conservation", "hearing conservationist", "hearing center", "hearing aid audiologist", or any similar title or description of services.
(10) "Practice of speech language pathology" means rendering or offering to render any service in speech language pathology including prevention, identification, evaluation, consultation, habilitation, rehabilitation; determining the need for augmentative communication systems, dispensing and selling these systems, and providing training in the use of these systems; and planning, directing, conducting, or supervising programs that render or offer to render any service in speech language pathology.
(ii) The practice of speech language pathology may include nondiagnostic pure tone air conduction screening, screening tympanometry, and acoustic reflex screening, limited to a pass or fail determination, for the purpose of performing a speech and language evaluation or for the initial identification of individuals with other disorders of communication.
(iii) The practice of speech language pathology also may include aural rehabilitation, which is defined as services and procedures for facilitating adequate receptive and expressive communication in individuals with hearing impairment.
(iv) A practice is deemed to be the "practice of speech language pathology" if services are offered under any title incorporating such words as "speech pathology", "speech pathologist", "speech therapy", "speech therapist", "speech correction", "speech correctionist", "speech clinic", "speech clinician", "language pathology", "language pathologist", "voice therapy", "voice therapist", "voice pathology", "voice pathologist", "logopedics", "logopedist", "communicology", "communicologist", "aphasiology", "aphasiologist", "phoniatrist", or any similar title or description of services.
(11) "Regionally accredited" means the official guarantee that a college or university or other educational institution is in conformity with the standards of education prescribed by a regional accrediting commission recognized by the United States Secretary of Education.
(12) "Speech language pathologist" means an individual who is licensed by the board to practice speech language pathology.
(13) "Speech language pathology" means the application of principles, methods, and procedures for prevention, identification, evaluation, consultation, habilitation, rehabilitation, instruction, and research related to the development and disorders of human communication. Disorders are defined to include any and all conditions, whether of organic or non-organic origin, that impede the normal process of human communication in individuals or groups of individuals who have or are suspected of having these conditions, including, but not limited to, disorders and related disorders of:
(i) Speech: articulation, fluency, voice, (including respiration, phonation and resonance);
(ii) Language (involving the parameters of phonology, morphology, syntax, semantics and pragmatics; and including disorders of receptive and expressive communication in oral, written, graphic, and manual modalities);
(iii) Oral, pharyngeal, laryngeal, cervical esophageal, and related functions (e.g., dysphasia, including disorders of swallowing and oral function for feeding; oro-facial myofunctional disorders);
(iv) Cognitive aspects of communication (including communication disability and other functional disabilities associated with cognitive impairment); and
(v) Social aspects of communication (including challenging behavior, ineffective social skills, lack of communication opportunities).
(14) "Speech language support personnel" means
individuals who meet minimum qualifications established by the board, which are
less than those established by this chapter as necessary for licensing as a
speech language pathologist, who do not act independently, and who work under
the direction and supervision of a speech language pathologist licensed under
this chapter who has been actively working in the field for twenty-four (24)
months after completion of the postgraduate professional experience and who
accepts the responsibility for the acts and performances of the speech language
pathology assistant while working under this chapter. Speech language support
personnel shall be registered with the board within thirty (30) days of
beginning work, or the supervising speech language pathologist will be assessed
a late filing fee of seventy dollars ($70.00)
as set forth in § 23-1-54.
5-48-9. Fees -- Late
filing -- Inactive status. -- Filing fees for support personnel
registration. - (a) The board may charge an application fee of fifty dollars ($50.00); a biennial license
renewal fee of ninety dollars ($90.00)
payable before July 1 of even years (biennially); or a provisional license
renewal fee of fifty dollars ($50.00) as set forth in § 23-1-54 payable annually from
the date of issue.
(b) Any person who allows his or her license to lapse by failing
to renew it on or before the thirtieth (30th) day of June of even years
(biennially), may be reinstated by the board on payment of the current renewal
fee plus an additional late filing fee of forty
dollars ($40.00) as set forth in §
23-1-54.
(c) An individual licensed as a speech language pathologist and/or audiologist in this state, not in the active practice of speech-language pathology or audiology within this state during any year, may upon request to the board, have his or her name transferred to an inactive status and shall not be required to register biennially or pay any fee as long as he or she remains inactive. Inactive status may be maintained for no longer than two (2) consecutive licensing periods, after which period licensure shall be terminated and reapplication to the board shall be required to resume practice.
(d) Any individual whose name has been transferred to an inactive status may be restored to active status within two (2) licensing periods without a penalty fee, upon the filing of:
(1) An application for licensure renewal, with a licensure renewal
fee of ninety dollars ($90.00) as set forth in § 23-1-54 made payable by check
to the general treasurer of the state of Rhode Island; and
(2) Any other information that the board may request.
(e) Audiology and speech language pathology support personnel
shall be registered with the board within thirty (30) days of beginning work,
or the supervising audiologist or speech language pathologist shall be assessed
a late filing fee of fifty dollars ($50.00)
as set forth in § 23-1-54 .
SECTION 20. Sections 5-49-6, 5-49-8, and 5-49-11 of the General Laws in Chapter 5-49 entitled “Hearing Aid Dealers and Fitters” are hereby amended to read as follows:
5-49-6. Issuance
of licenses and certificates of endorsement. -- (a) The
department shall register each applicant without discrimination who passes an
examination as provided in § 5-49-7. Upon the applicant's payment of twenty-five dollars ($25.00) as set forth in § 23-1-54 per annum for each year
of the term of license, the department shall issue to the applicant a license
signed by the department. The total fee for the entire term of licensure shall
be paid prior to the issuance of the license.
(b) Whenever the board determines that another state or jurisdiction has requirements equivalent to or higher than those in effect pursuant to this chapter, and that this state or jurisdiction has a program equivalent to or stricter than the program for determining whether applicants pursuant to this chapter are qualified to dispense and fit hearing aids, the department may issue certificates of endorsement to applicants who hold current, unsuspended, and unrevoked certificates or licenses to fit and sell hearing aids in that other state or jurisdiction.
(c) No applicant for certificate of endorsement shall be required
to submit to or undergo a qualifying examination, etc., other than the payment
of fees, pursuant to § 5-49-11 as set forth in § 23-1-54.
(d) The holder of a certificate of endorsement shall be registered in the same manner as a licensee. The fee for an initial certificate of endorsement shall be the same as the fee for an initial license. Fees, grounds for renewal, and procedures for the suspension and revocation of certificates of endorsement shall be the same as for renewal, suspension, and revocation of a license.
5-49-8. Temporary permits. -- (a) An applicant who fulfills the requirements regarding age, character, education, and health as provided in § 5-49-7, may obtain a temporary permit upon application to the department. Previous experience or a waiting period shall not be required to obtain a temporary permit.
(b) Upon receiving an application as provided under this section,
and accompanied by a fee of twenty-five dollars
($25.00) as set forth in § 23-1-54,
the department shall issue a temporary permit which entitles the applicant to
engage in the fitting and sale of hearing aids for a period of one year.
(c) A person holding a valid hearing aid dealer's and fitter's license is responsible for the supervision and training of that applicant and maintain adequate personal contact.
(d) If a person who holds a temporary permit under this section
has not successfully passed the licensing examination within one year from the
date of issuance of the permit, the temporary permit may be renewed or reissued
once upon payment of a twenty-five dollar ($25.00)
fee as set forth in § 23-1-54.
5-49-11. Duration of license – Renewal of license – Fees – Effect of failure to renew. -- (a) The department shall promulgate rules and regulations mandating the term of license for each category of license issued pursuant to this chapter. No license shall remain in force for a period in excess of two (2) years.
(1) Each person who engages in the fitting and sale of hearing
aids shall pay to the department a fee, assessed at
thirty-one dollars and twenty-five cents ($31.25) as set forth in § 23-1-54 per annum for each year
of the term of license, for a renewal of his or her license.
(2) The renewal certificate shall be conspicuously posted in his or her office or place of business at all times.
(3) Where more than one office is operated by the licensee, duplicate certificates shall be issued by the department for posting in each location.
(b) A thirty (30) day grace period shall be allowed during which
time licenses may be renewed on payment of a fee to the department of twenty-five dollars ($25.00) as set forth in § 23-1-54 per annum for each year
of the term of renewal.
(c) After expiration of the grace period, the department may renew
those certificates upon payment to the department of twenty-five dollars ($25.00) a fee
as set forth in § 23-1-54 per annum for each year of the term of
renewal.
(d) The total fee for the entire term of license or renewal shall be paid prior to the issuance of the license.
(e) No person who applies for renewal, whose license has expired, shall be required to submit to any examination as a condition to renewal; provided, that the renewal application is made within two (2) years from the date of that expiration.
SECTION 21. Sections 5-54-9 and 5-54-11 of the General Laws in Chapter 5-54 entitled “Physician Assistants” are hereby amended to read as follows:
5-54-9. Criteria for licensure as a physician assistant. -- The board shall recommend to the director for licensure as a physician assistant an applicant who:
(1) Is of good character and reputation;
(2) Graduated from a physician assistant training program certified by the AMA's Committee on Allied Health, Education, and Accreditation, its successor, the Commission on Accreditation of Allied Health Education Programs (CAAHEP) or its successor.
(3) Passed a certifying examination approved by the National Commission on Certification of Physician Assistants or any other national certifying exam approved by the board.
(4) Submitted a completed application together with the required
fee of ninety dollars ($90.00) as set forth in § 23-1-54.
5-54-11. Issuance and annual renewal of certificates of licensure. -- (a) The board shall recommend to the director for registration those individuals who meet the criteria for licensure as stated in this chapter. Upon that recommendation, the director shall issue a certificate of licensure as a physician assistant.
(b) The certificate of licensure shall expire biannually on the
thirtieth (30th) day of June. On or before the first day of March in each year,
the administrator shall mail an application for a renewal certificate to every person
licensed under the provisions of this chapter, and every person who desires his
or her certificate to be renewed shall file with the division the renewal
application together with a renewal fee of one
hundred and seventy dollars ($170) as
set forth in § 23-1-54 on or before the first day of June in every
other year. Upon receipt of the renewal application and payment of fee, the
accuracy of the application shall be verified and the administrator shall grant
a renewal certificate effective July 1st and expiring June 30th two years
hence, unless the certificate is sooner suspended for cause as provided in § 5-54-12.
SECTION 22. Sections 5-59.1-5 and 5-59.1-12 of the General Laws in Chapter 5-59.1 entitled “Rhode Island Orthotics and Prosthetics Practice” are hereby amended to read as follows:
5-59.1-5. Application
for orthotic or prosthetic license. -- Any person who desires to be
licensed as set forth in § 5-59.1-4 shall in writing
submit an application on forms provided by the department for a license
accompanied by a fee of three hundred and thirty
dollars ($330) as set forth in § 23-1-54
with all other credentials that the department requires and as required by this
chapter. All the proceeds of any fees collected pursuant to the provisions of
this chapter shall be deposited as general revenues.
5-59.1-12. Relicensing
- Renewal. -- Every holder of a license issued under this chapter shall
biannually attest to the department as to current certification issued by the
American Board of Certification in Orthotics and Prosthetics or the Board for
Orthotists/Prosthetist Certification. All licenses issued under this chapter
shall expire biannually on the last day of September of every odd numbered
year. A biennial renewal fee of one hundred and
seventy dollars ($170) as set forth in §
23-1-54 shall be required. Every orthotist and prosthetist shall
conform to the standards of the American Board for Certification in Orthotics
and Prosthetics or Board for Orthotists/Prosthetists Certification.
SECTION 23. Section 5-60-11 of the General Laws in Chapter 5-60 entitled “Athletic Trainers” is hereby amended to read as follows:
5-60-11. Fees. -- The fees for applicants Applicants for
athletic trainer licenses are:
(1) An athletic
trainer shall
pay a license fee, of sixty-two dollars and fifty cents ($62.50); and
(2) An athletic
trainer and,
if applicable, a biennial license renewal fee of sixty-two dollars and fifty cents ($62.50) as set forth
in § 23-1-54. Any person allowing
their license to lapse shall pay a twenty-five
dollar ($25.00) late fee as set forth in § 23-1-54.
SECTION 24. Sections 5-63.2-16 and 5-63.2-17 of the General Laws in Chapter 5-63.2 entitled “Mental Health Counselors and Marriage and Family Therapists” are hereby amended to read as follows:
5-63.2-16. Application
fee. -- The applicant applying for licensure as a clinical mental health
counselor or marriage and family therapist shall pay an a non refundable
application fee of four hundred and sixty dollars
($460) and the fee shall be in no case
returned. Applicants requiring reexamination shall submit a fee of four hundred
and sixty dollars ($460) and, when
applicable, a reexamination fee for each reexamination. Both fees required by this section are set forth in §
23-1-54.
5-63.2-17. Expiration
and renewal of license. -- (a) Every clinical mental health counselor
and marriage and family therapist who desires to continue licensure as a
licensed clinical mental health counselor and licensed marriage and family
therapist shall present satisfactory evidence to the board and approved by rule
or regulation of the board that the licensed clinical mental health counselor
and licensed marriage and family therapist has completed a prescribed course of
continuing education. The license of every person licensed under the provisions
of this chapter shall expire on the first day of July of the next even year
following the date of his or her license; provided, that no license shall expire
prior to July 1, 1998. On or before the first day of May in each even year,
commencing in the year 1998, the administrator shall mail an application for
renewal of license to every person to whom a license is issued or renewed
during the current year, and every licensed person who desires to renew his or
her license files with the division the renewal application executed. This
application shall include verification of prescribed continuing education
requirements, together with three hundred and thirty
dollars ($330) a renewal fee as set
forth in § 23-1-54 on or before the first day of June in each even
year. Upon receipt of the application and payment of the fee, the accuracy of
the application shall be verified and the administrator of professional regulation
shall grant a renewal license effective July 1st and expiring twenty-four (24)
months later.
(b) Any person who allows his or her license to lapse, by failing
to renew it on or before June 1st in each year, as provided in this section,
shall be reinstated by the administrator of professional regulation on payment
of the current renewal fee plus an additional fee of
seventy dollars ($70.00) as set forth in
§ 23-1-54; and verification of prescribed continuing education
requirements. Any person using the title "clinical mental health
counselor" and/or "marriage and family therapist" during the
time his or her license has lapsed shall be subject to the penalties provided
for violation of this chapter; provided, that if a person has allowed his or
her licensure to lapse for four (4) years or more, he or she shall be
reinstated at the discretion of the board.
SECTION 25. Sections 5-64-6, 5-64-7 and 5-64-8 of the General Laws in Chapter 5-64 entitled “The Licensed Dietician” are hereby amended to read as follows:
5-64-6. Applicant qualifications - Permit applications - Fees - Exemptions. -- (a) When filing an application for a license the applicant must present evidence of:
(1) Completion of a baccalaureate or post-baccalaureate degree with a program in nutrition or dietetics; and
(2) Completion of a board approved, planned, continuous experience in dietetic practice of not less than nine hundred (900) hours under the supervision of a registered dietitian or dietitian/nutritionist licensed in the state; and
(3) Passing an examination.
(b) Each application shall be accompanied by a fee of ninety dollars ($90.00) as set forth in § 23-1-54.
5-64-7. Graduate practice. -- Every graduate of a program in nutrition/dietetics, which is accredited/approved by the American Dietetic Association, who meets the qualifications of section 5-64-6(a) may, upon payment of the required application fee as set forth in section 23-1-54, perform as a dietitian/nutritionist under the supervision of a dietitian/nutritionist licensed in this state. During this period, the applicant shall identify himself or herself only as a "graduate dietitian/nutritionist". If the applicant fails to take the next qualifying exam without cause or fails to pass the examination and receive a license, all privileges mentioned in this section shall automatically cease.
5-64-8. Fees. --
Licenses shall be valid for two (2) years and must be renewed biennially; the
renewal fee is one hundred and seventy dollars
($170) as set forth in § 23-1-54.
Application for renewal of a certificate, which has expired, requires the
payment of a re-registration fee of one hundred and
seventy dollars ($170) as set forth in §
23-1-54.
SECTION 26. Section 5-68.1-10 of the General Laws in Chapter 5-68.1 entitled “Radiologic Technologists” is hereby amended to read as follows:
5-68.1-10. Fees. --
(a) The director, in consultation with the board, shall establish an initial
application fee that shall not exceed one hundred
seventy dollars ($170) as set forth in §
23-1-54 and a license renewal fee that shall be prescribed in rules
and regulations promulgated pursuant to § 5-68.1-15.
(b) The proceeds of any fees collected pursuant to the provisions of this chapter shall be deposited in the general fund as general revenues.
SECTION 27. Sections 5-69-9 and 5-69-14 of the General Laws in Chapter 5-69 entitled “License Procedure for Chemical Dependency Professionals” are hereby amended to read as follows:
5-69-9. Fees and
renewal. -- The non-refundable application fee for licensure
shall be fifty dollars ($50.00) as set forth in § 23-1-54. Licenses shall be
renewed every two (2) years on October first of even numbered years upon
payment of a fee of fifty ($50.00) dollars
as set forth in § 23-1-54, compliance
with ICRC/AODA member board requirements, and compliance with any additional
requirements that the licensing board may promulgate. The requirements may
include the establishment of standards for continuing education.
5-69-14. Restricted receipt account Fees collected. --
Any fees collected under the provisions of this chapter shall be deposited in a restricted receipt account for the general purposes of
the administration of the division of substance abuse services, department of
mental health, retardation, and hospitals by the department as general revenues.
SECTION 28. Section 5-71-8 and 5-71-9 of the General Laws in Chapter 5-71 entitled “Interpreters for the Deaf” is hereby amended to read as follows:
5-71-8. Qualifications of applicants for licenses. -- (a) To be eligible for licensure by the board as an interpreter for the deaf or transliterator for the deaf, or educational interpreter for the deaf, the applicant must submit written evidence on forms furnished by the department, verified by oath, that the applicant meets all of the following requirements:
(1) Is of good moral character;
(2) Meets the certification or screened requirements as defined in regulations promulgated by the department; and
(3) Pays the department a license fee,
that does not exceed fifty dollars ($50.00) as set forth in § 23-1-54.
(b) To be eligible for licensure by the board as an educational interpreter for the deaf, the applicant must meet all of the requirements as described in subsection (a) and must further present proof of successful completion of the educational interpreter performance assessment (EIPA), written and performance tests, or a similar test as approved by the board, at a performance level established by the board.
5-71-9. Licensure and regulations of interpreters for the deaf. -- (a) Licensure shall be granted in either transliterating or interpreting independently. A person may be licensed in both areas if he or she is qualified as defined in subsection 5-71-8(a).
(b) No person shall practice or hold him or herself out as being able to practice interpreting for the deaf, or transliterating for the deaf, or educational interpreting for the deaf as defined in section 5-71-3 unless he or she shall be licensed in accordance with the provisions of this chapter. No person shall hold himself or herself out as being an educational interpreter for the deaf as defined in section 5-71-3 unless he or she is licensed in accordance with the provisions of this chapter.
(c) Each licensed interpreter for the deaf upon commencing to
practice, and upon any change in address shall promptly notify the department
of said change in home or office address, and shall furnish any other
information to the department that it may require. Every licensed interpreter
for the deaf shall annually, before July 1st pay the department a license
renewal fee, that does not exceed fifty dollars
($50.00) as set forth in section 23-1-54
for each license, corresponding to the area under which the person is
practicing. The department may suspend the authority of any licensed
interpreter for the deaf to practice for failure to comply with any of the
requirements of this chapter or the regulations promulgated thereunder. The
department makes available for public inspection, a complete list of the names
of all interpreters for the deaf licensed and practicing in the state.
(d) Three (3) types of licensure may be issued to interpreters and or transliterators for the deaf:
(1) A certified license shall be granted to interpreters or transliterators who have met the certification requirements as set forth in regulations promulgated by the department;
(2) A screened license shall be granted to interpreters who have met the educational requirements as set forth in regulations promulgated by the department, and who have successfully completed a recognized state screening or state equivalent as determined by the department in consultation with the board; and
(3) Beginning July 1, 2012, an educational interpreter license may be granted to interpreters or transliterators who meet the requirements of subsection 5-71-8(b).
(e) All licensed interpreters shall be required to complete continuing education, as set forth in regulations promulgated by the department.
SECTION 29. Section 21-2-7 of the General Laws in Chapter 21-2 entitled "Milk Sanitation Code" is hereby amended to read as follows:
21-2-7. Permits. -- (a) It shall be unlawful for any milk producer whose dairy farm is located wholly or partly in this state to sell or to offer to sell milk or milk products or to have milk stored for sale who does not possess at all times a Rhode Island producer's permit from the director.
(b) It shall be unlawful for any milk hauler to transport any milk or milk products to any milk plant in the state of Rhode Island or to transport any milk in this state destined for sale in this state unless he or she shall at all times possess a Rhode Island milk hauler's permit from the director.
(c) It shall be unlawful for any person to operate a milk plant in the state of Rhode Island who does not possess a Rhode Island milk plant permit from the director with respect to each plant located in Rhode Island.
(d) It shall be unlawful for any milk distributor to sell or offer to sell milk or milk products, including raw milk cheese, within the state of Rhode Island unless he or she shall at all times possess a milk distributor's permit from the director.
(e) It shall be unlawful for any milk hauler to transport any milk or milk products from any point outside the state into the state of Rhode Island for sale or processing in this state or for any milk plant located in Rhode Island to process any milk or milk products which come from any point outside the state of Rhode Island or for any milk distributor to sell any milk or milk products within this state which come from any point outside this state, unless:
(1) Every producer who produces any part of the milk or milk products shall have been inspected and shall from time to time be inspected with the same minimum frequency, to the same degree, and according to the same requirements as provided in this chapter or any regulations promulgated under this chapter in the case of Rhode Island producers;
(2) Every vehicle in which the milk is transported to the plant where processed shall from time to time be inspected with the same minimum frequency, to the same degree, and according to the same requirements as provided in this chapter or any regulations promulgated pursuant to this chapter in the case of Rhode Island milk hauler permittees; and
(3) The operator of each milk plant located outside the state of Rhode Island where any part of the milk is processed at all times possesses an out-of-state milk plant permit from the director.
(f) It shall be unlawful for any person located in the state of Rhode Island to sell or offer for sale to any milk hauler or milk plant, or for any milk plant to pasteurize any raw milk for pasteurization, any part of which shall be used for grade A pasteurized milk or for any grade A milk product, unless the person at all times is in possession of a Rhode Island grade A producer's permit.
(g) The fees for the following
permits referred to in this section shall be as
follows as set forth in § 23-1-54:
(1) In-state milk processors: one
hundred sixty dollars ($160);
(2) Out-of-state milk processors: one
hundred sixty dollars ($160); and
(3) Milk distributors: one hundred
sixty dollars ($160); .
(4)(h) Milk producers and milk haulers shall be
exempt from permit fees.
SECTION 30. Section 21-9-3 of the General Laws in Chapter 21-9 entitled "Frozen Desserts" is hereby amended to read as follows:
21-9-3. License fee.
-- The annual license fee fees for the following licenses shall be as follows as set
forth in § 23-1-54:
(1) Instate wholesale frozen dessert processors: five hundred and fifty dollars ($550). ;
(2) Out of state wholesale frozen dessert processors: one hundred sixty dollars ($160).; and
(3) Retail frozen dessert processors:
one hundred sixty dollars ($160).
SECTION 31. Section 21-11-4 of the General Laws in Chapter 21-11 entitled "Meats" is hereby amended to read as follows:
21-11-4. Issuance and
term of licenses - Suspension or revocation. -- The director of health
shall, upon receipt of application for a license to operate an establishment
for any or all of the purposes mentioned in § 21-11-3, cause that
establishment to be inspected and, if it is found to conform to the provisions
of this chapter and the regulations adopted in accordance with this chapter,
shall issue a license upon receipt of a fee of one
hundred sixty dollars ($160) as set
forth in § 23-1-54; provided, that the license fee shall be forty dollars ($40.00) at
a reduced rate, as also set forth in § 23-1-54, for any one
establishment where: (1) the meat is sold only at retail, (2) no slaughtering
is performed, and (3) no more than one of the activities described in § 21-11-3 for which a
license is required is performed. In order to set the license renewal dates so
that all activities for each establishment can be combined on one license
instead of on several licenses, the department of health shall set the license
renewal date. The license period shall be for twelve (12) months, commencing on
the license renewal date, and the license fee shall be at the full annual rate
regardless of the date of application or the date of issuance of license. If the
license renewal date is changed, the department may make an adjustment to the
fees of licensed establishments, not to exceed the annual license fee, in order
to implement the change in license renewal date. Applications for renewal of
licenses, accompanied by the prescribed fee, shall be submitted at least two
(2) weeks before the renewal date. Licenses issued or renewed under this
section may be suspended or revoked for failure to comply with the provisions
of this chapter or the regulations adopted in accordance with this chapter.
SECTION 32. Section 21-14-2 of the General Laws in Chapter 21-14 entitled "Shellfish Packing Houses" is hereby amended to read as follows:
21-14-2. License for
shellfish business. -- No person shall conduct within this state any
shellfish business until that person shall have obtained a license from the
department. The director shall, upon receipt of application for a license to
conduct a shellfish business, cause the applicant's shellfish business
facilities to be investigated and, if they are found to comply with the
provisions of this chapter and the regulations adopted in accordance with this
chapter, shall issue a license upon receipt of a fee of three hundred twenty dollars ($320) for a shipper/reshipper
or a fee of three hundred ninety dollars ($390)
for a shucker packer/repacker as set forth in §
23-1-54. Any license issued shall apply only to those phases of the
shellfish business that appear on the license and are defined by the director
in regulations he or she shall adopt in regard to licensing. In order to set
the license renewal dates so that all activities for each establishment can be
combined on one license instead of on several licenses, the department of
health shall set the license renewal date. The license period shall be for
twelve (12) months, unless sooner suspended or revoked for cause, commencing on
the license renewal date, and the license fee shall be at the full annual rate
regardless of the date of application or the date of issuance of license. If the
license renewal date is changed, the department may make an adjustment to the
fees of licensed establishments, not to exceed the annual license fee, in order
to implement the change in license renewal date. Licenses issued pursuant to
this section may be suspended or revoked for violation of the provisions of
this chapter or the regulations adopted in accordance with this chapter. The
director may, after a hearing, refuse to issue any shellfish business license
to any person who has been convicted of any violation of this chapter.
SECTION 33. Section 21-23-2 of the General Laws in Chapter 21-23 entitled "Nonalcoholic Bottled Beverages, Drinks and Juices" is hereby amended to read as follows:
21-23-2. Issuance and
renewal of permits - Fee - Posting - Exempt cider. -- Blank forms of the
application for permits shall be furnished by the department without cost. The
fee for the permit shall be five hundred and fifty
dollars ($550) provided, that the as set
forth in § 23-1-54. The fee
for a permit to manufacture or bottle apple cider shall also be sixty dollars
($60.00) as set forth in § 23-1-54.
In order to set the license renewal dates so that all activities for each
establishment can be combined on one license instead of on several licenses,
the department of health shall set the license renewal date. The license period
shall be for twelve (12) months, commencing on the license renewal date, and
the license fee shall be at the full annual rate regardless of the date of
application or the date of issuance of license. If the license renewal date is
changed, the department may make an adjustment to the fees of licensed
establishments, not to exceed the annual license fee, in order to implement the
change in license renewal date. Any person applying for a permit to bottle or
manufacture apple cider shall certify that he or she does not manufacture or
bottle any carbonated or nonalcoholic beverage, soda water, fruit juice, syrup,
bottled drinking water, either plain or carbonated, or any other so-called soft
drink, other than apple cider. The fee received by the department for
"bottlers' permits" shall be turned over to the general treasurer.
All permits granted under this chapter shall be posted in a conspicuous place
on the premises of the bottler so that they may readily be seen by any person
inspecting the premises; provided that the fees so far as they relate to cider,
shall not apply to any person who manufactures and bottles during any one
calendar year not exceeding five hundred (500) gallons of cider.
SECTION 34. Sections 21-27-6.1, 21-27-10 and 21-27-11.2 of the General Laws in Chapter 21-27 entitled "Sanitation in Food Establishments" are hereby amended to read as follows:
21-27-6.1. Farm home food manufacture. --Notwithstanding the other provisions of this chapter, the department of health shall permit farm home food manufacture and the sale of the products of farm home food manufacture at farmers' markets, farmstands, and other markets and stores operated by farmers for the purpose of the retail sale of the products of Rhode Island farms, provided that the requirements of this section are met.
(1) The farm home food products shall be produced in a kitchen that is on the premises of a farm and meets the standards for kitchens as provided for in minimum housing standards, adopted pursuant to chapter 24.2 of title 45 and the Housing Maintenance and Occupancy Code, adopted pursuant to chapter 24.3 of title 45, and in addition the kitchen shall:
(i) Be equipped at minimum with either a two (2) compartment sink or a dishwasher that reaches one hundred fifty (150) degrees Fahrenheit after the final rinse and drying cycle and a one compartment sink;
(ii) Have sufficient area or facilities, such as portable dish tubs and drain boards, for the proper handling of soiled utensils prior to washing and of cleaned utensils after washing so as not to interfere with safe food handling; equipment, utensils, and tableware shall be air dried;
(iii) Have drain boards and food preparation surfaces that shall be of a nonabsorbent, corrosion resistant material such as stainless steel, formica or other chip resistant, nonpitted surface;
(iv) Have self-closing doors for bathrooms that open directly into the kitchen;
(v) If farm is on private water supply it must be tested once per year.
(2) The farm home food products are prepared and produced ready for sale under the following conditions:
(i) Pets are kept out of food preparation and food storage areas at all times;
(ii) Cooking facilities shall not be used for domestic food purposes while farm home food products are being prepared;
(iii) Garbage is placed and stored in impervious covered receptacles before it is removed from the kitchen, which removal shall be at least once each day that the kitchen is used for farm home food manufacture;
(iv) Any laundry facilities which may be in the kitchen shall not be used during farm home food manufacture;
(v) Recipe(s) for each farm home food product with all the ingredients and quantities listed, and processing times and procedures, are maintained in the kitchen for review and inspection;
(vi) List ingredients on product;
(vii) Label with farm name, address and telephone number.
(3) Farm home food manufacture shall be limited to the production of nonpotentially hazardous food and foods that do not require refrigeration, including:
(i) Jams, jellies, preserves and acid foods, such as vinegars, that are prepared using fruits, vegetables and/or herbs that have been grown locally;
(ii) Double crust pies that are made with fruit grown locally;
(iii) Yeast breads;
(iv) Maple syrup from the sap of trees on the farm or of trees within a twenty (20) mile radius of the farm;
(v) Candies and fudges;
(vi) Dried herbs and spices.
(4) Each farm home kitchen shall be registered with the department
of health and shall require a notarized affidavit of compliance, in any form
that the department may require, from the owner of the farm that the
requirements of this section have been met and the operation of the kitchen
shall be in conformity with the requirements of this section. A certificate of
registration shall be issued by the department upon the payment of a sixty-five dollar ($65.00) fee as set forth in § 23-1-54 and the submission of
an affidavit of compliance. The certificate of registration shall be valid for
one year after the date of issuance; provided, however, that the certificate
may be revoked by the director at any time for noncompliance with the
requirements of the section. The certificate of registration, with a copy of
the affidavit of compliance, shall be kept in the kitchen where the farm home
food manufacture takes place. The director of health shall have the authority
to develop and issue a standard form for the affidavit of compliance to be used
by persons applying for a certificate of registration; the form shall impose no
requirements or certifications beyond those set forth in this section and § 21-27-1(6). No
certificates of registration shall be issued by the department prior to
September 1, 2002.
(5) Income from farm home food manufacture shall not be included in the calculation of farm income for the purposes of obtaining an exemption from the sales and use tax pursuant to § 44-18-30(32), nor shall any equipment, utensils, or supplies acquired for the purpose of creating or operating farm home food manufacture be exempt from the sales and use tax as provided for in §44-18-30(32).
21-27-10. Registration of food businesses. -- (a) No person shall operate a food business as defined in § 21-27-1(8) unless he or she annually registers the business with the state director of health; provided, that food businesses conducted by nonprofit organizations, hospitals, public institutions, farmers markets, roadside farmstands, or any municipality shall be exempt from payment of any required fee.
(b) In order to set the registration renewal dates so that all activities for each establishment can be combined on one registration instead of on several registrations, the registration renewal date shall be set by the department of health. The registration period shall be for twelve (12) months commencing on the registration renewal date, and the registration fee shall be at the full annual rate regardless of the date of application or the date of issuance of registration. If the registration renewal date is changed, the department may make an adjustment to the fees of registered establishments, not to exceed the annual registration fee, in order to implement the changes in registration renewal date. Registrations issued under this chapter may be suspended or revoked for cause. Any registration or license shall be posted in a place accessible and prominently visible to an agent of the director.
(c) Registration with the director of health shall be based upon satisfactory compliance with all laws and regulations of the director applicable to the food business for which registration is required.
(d) The director of health is authorized to adopt regulations necessary for the implementation of this chapter.
(e) Classification and fees
for registration shall be as follows:
(1) In state and out of state
Food food
processors that sell food in Rhode Island
(Wholesale) $280.00
(2) Food processors (Retail) 120.00
(3) Food service establishments:
(i) 50 seats or less 160.00
(ii) More than 50 seats 240.00
(iii) Mobile food service units 100.00
(iv) Industrial caterer or food vending machine commissary 280.00
(v) Cultural heritage educational facility 80.00
(4) Vending machine sites or location:
(i) Three (3) or less machines 50.00
(ii) Four (4) to ten (10) machines 100.00
(iii) Eleven (11) or more machines 120.00
(5) Retail markets:
(i) 1 to 2 cash registers 120.00
(ii) 3 to 5 cash registers 240.00
(iii) 6 or more cash registers 510.00
(6) Retail food peddler (meat, seafood, dairy, and frozen dessert
products) 100.00
(7) Food warehouses 190.00
(f) In no instance where an individual food business has more than one activity eligible under this chapter for state registration within a single location shall the business be required to pay more than a single fee for the one highest classified activity listed in subsection (e) of this section; provided, that where several separate but identically classified activities are located within the same building and under the management and jurisdiction of one person, one fee shall be required. In each of the instances in this subsection, each activity shall be separately registered.
(g) Fees for registration of the above classifications shall be as set forth in § 23-1-54.
21-27-11.2. Application
for certification. -- Any person who shall desire to be certified in
food safety shall submit in writing, on any forms as provided by the division,
an application for certification which shall be accompanied by an application
fee of fifty dollars ($50.00) as set forth in § 23-1-54 together with any other
credentials that the rules and regulations and the division may require.
SECTION 35. Section 23-1-39 of the General Laws in Chapter 23-1 entitled “Department of Health” is hereby amended to read as follows:
23-1-39. Tattooing and/or body piercing. -- (a) The director shall promulgate rules and regulations which provide minimum requirements to be met by any person performing tattooing and/or body piercing upon any individual and for any establishment where tattooing and/or body piercing is performed. These requirements shall include, but not be limited to, general sanitation of premises wherein tattooing and/or body piercing is to be performed and sterilization of instruments. These rules and regulations shall place emphasis on the prevention of disease, specifically including, but not limited to, transmission of hepatitis B and/or human immunodeficiency virus (HIV).
(b) In addition, these rules and regulations shall establish
procedures for registration with the department of health of all persons
performing tattooing and/or body piercing, for registration of any
establishment where tattooing and/or body piercing is performed, for regular
inspections of premises where tattooing and/or body piercing is performed, for
revocation of the registration of any person or establishment deemed in
violation of the rules and regulations promulgated under this section. An
annual registration fee in the amount of ninety
dollars ($90.00) as set forth in §
23-1-54 shall be paid by any person or establishment registered to
perform tattooing and/or body piercing under this section. All fees shall be
deposited by the department as general revenues.
(c) Body piercing of a minor is prohibited; provided, however, that body piercing will be allowed if the minor is accompanied by his or her parent or guardian, and the parent or guardian gives consent to the body piercing.
SECTION 36. Section 23-3-25 of the General Laws in Chapter 23-3 entitled “Vital Records” is hereby amended to read as follows:
23-3-25. Fees for copies and searches. -- (a) The state registrar shall charge fees for searches and copies as follows:
(1) For a search of two (2) consecutive calendar years under one
name and for issuance of a certified copy of a certificate of birth, fetal
death, death, or marriage, or a certification of birth, or a certification that
the record cannot be found, and each duplicate copy
of a certificate or certification issued at the same time , the fee
is twenty dollars ($20.00). For each duplicate copy of a certificate or certification
issued at the same time, the fee is fifteen dollars ($15.00) as set forth in § 23-1-54.
(2) For each additional calendar year search, if applied for at
the same time or within three (3) months of the original request and if proof
of payment for the basic search is submitted, the fee is two dollars ($2.00) as
set forth in § 23-1-54.
(3) For providing expedited service, the additional handling fee
is seven dollars ($7.00) as set forth in § 23-1-54.
(4) For processing of adoptions, legitimations, or paternity
determinations as specified in §§ 23-3-14 and 23-3-15, there shall be a
fee of fifteen dollars ($15.00) as set forth in § 23-1-54.
(5) For making authorized corrections, alterations, and additions,
the fee is ten dollars ($10.00) as set forth in § 23-1-54; provided, no fee shall
be collected for making authorized corrections or alterations and additions on
records filed before one year of the date on which the event recorded has
occurred.
(6) For examination of documentary proof and the filing of a
delayed record, there is a fee of twenty dollars ($20.00) as set forth in § 23-1-54; and in addition to that fee, the there is an additional fee is twenty dollars ($20.00) as set forth in § 23-1-54 for the issuance of a
certified copy of a delayed record.
(b) Fees collected under this section by the state registrar shall be deposited in the general fund of this state, according to the procedures established by the state treasurer.
(c) The local registrar shall charge fees for searches and copies of records as follows:
(1) For a search of two (2) consecutive calendar years under one name and for issuance of a certified copy of a certificate of birth, fetal death, death, delayed birth, or marriage, or a certification of birth or a certification that the record cannot be found, the fee is twenty dollars ($20.00). For each duplicate copy of a certificate or certification issued at the same time, the fee is fifteen dollars ($15.00).
(2) For each additional calendar year search, if applied for at the same time or within three (3) months of the original request and if proof of payment for the basic search is submitted, the fee is two dollars ($2.00).
(d) Fees collected under this section by the local registrar shall be deposited in the city or town treasury according to the procedures established by the city or town treasurer except that six dollars ($6.00) of the certified copy fees shall be submitted to the state registrar for deposit in the general fund of this state.
SECTION 37. Section 23-4-13 of the General Laws in Chapter 23-4 entitled “Office of the State Medical Examiner” is hereby amended to read as follows:
23-4-13. Establishment
of fees. -- The director of the department of health shall establish a fee of forty dollars ($40.00) fees for autopsy reports, a fee of thirty dollars ($30.00) for cremation
certificates, and statistics, and not less than six
hundred and fifty dollars ($650) per hour nor more than thirty-two hundred and
fifty dollars ($3,250) per day. The
director shall also impose fees, at an hourly or daily rate, to give
testimony in civil suits under this chapter. All
fees are as set forth in § 23-1-54. The director is authorized to
establish in regulation reasonable fees for additional documents not otherwise
specified in this section. All of these fees shall be collected and deposited
as general revenues; provided, however, that no city or town, or any agency or
department of a city and town within the state, or the department of human
services, shall be required to pay any fees established by the director
pursuant to this section.
SECTION 38. Section 23-4.1-10 of the General Laws in Chapter 23-4.1 entitled “Emergency Medical Transportation Services” is hereby amended to read as follows:
23-4.1-10. Regulations and fees. -- (a) The director shall be guided by the purposes and intent of this chapter in the making of regulations as authorized by this chapter.
(b) The director may issue regulations necessary to bring into effect any of the provisions of this chapter.
(c) The director may shall charge a
license fee fees
of not more than four hundred and ninety dollars
($490) for an annual license for an ambulance service, a license fee of not more than two hundred and fifty dollars
($250) for an annual vehicle license, and a license fee of not more than ninety dollars ($90.00) for an
emergency medical technician license. All such fees
are as set forth in § 23-1-54.
(2) The director may charge an examination fee of not more than ninety dollars ($90.00) for
examinations for an emergency medical technician license and may charge an inspection fee of not more than one hundred and seventy dollars ($170)
for inspections for a vehicle license as set forth
in § 23-1-54.
(3) The director is also authorized to establish reasonable fees for other administrative actions that the director shall deem necessary to implement this chapter. The fees provided for in this section shall be deposited as general revenues and shall not apply to any city or town employee providing services referenced in this chapter on behalf of the city or town, and shall not apply to any individual providing services referenced in this chapter on behalf of any bona fide volunteer or not for profit organization. Further, the services licensure fees and vehicle inspection fees shall not apply to services and vehicles operated by any city, town, or fire district or to services and vehicles operated by bona fide volunteer or not for profit organizations.
SECTION 39. Section 23-16.2-4 of the General Laws in Chapter 23-16.2 entitled “Laboratories” is hereby amended to read as follows:
23-16.2-4. License
required for clinical laboratories -- Term of license -- Application - Fee. --
(a) It shall be unlawful for any persons, corporation, or other form of
business entity to perform clinical or analytical laboratory services on
specimens collected in this state or to own or maintain a laboratory or station
in this state without having a license issued by the department of health
pursuant to this chapter. A license, unless sooner suspended or revoked under
the provisions of this chapter, shall expire on the thirtieth (30th) day of
December of every other year following the date of license. This will be
determined on an odd-even basis with respect to the license number. Each
license shall be issued only to conduct the tests approved and for the premises
and persons named in the application, and shall not be transferable or
assignable. The fee for a clinical laboratory license shall be six hundred and fifty dollars ($650) as set forth in § 23-1-54 for each specialty for
which the laboratory is approved. The fee for a station license shall be six hundred and fifty dollars ($650) as set forth in § 23-1-54. The fees shall be made
payable to the general treasurer, state of Rhode Island, and submitted with the
application to the department of health.
(b) It shall be unlawful for any persons, corporations, or other
form of entity to own, operate, maintain, conduct, or sponsor a temporary or ad
hoc screening program without having obtained a permit from the director of
health. The fee for any permit shall be seventy
dollars ($70.00) as set forth in §
23-1-54. It is within the director's discretion to waive the fee.
All fees shall be made payable to the general treasurer, state of Rhode Island. Nothing contained in this section shall require any licensed persons,
corporations, or other entity to pay the permit fee, if the screening program
is provided free of charge to the public by the licensed persons, corporation,
or entity.
SECTION 40. Section 23-17-38 of the General Laws in Chapter 23-17 entitled “Licensing of Health Care Facilities” is hereby amended to read as follows:
23-17-38. Establishment
of fees. -- The director shall establish fees for licensure application,
licensure renewal, inspection, and administrative actions under this chapter.
Annual inspection fees for hospitals and rehabilitation hospital centers shall
be sixteen thousand nine hundred dollars ($16,900)
assessed on a per facility basis, plus
as well as an additional fee of one hundred and twenty dollars ($120) per bed.
Annual licensure fees for health maintenance
organizations and for-profit
end stage renal dialysis facilities shall be three
thousand nine hundred dollars ($3,900) assessed
on a per facility basis.
Annual licensure fees for home nursing care providers and home care providers
shall be six hundred and fifty dollars ($650)
assessed on a per facility basis; however, no additional license fee shall
be charged when a home nursing care provider or home care provider changes
location during any calendar year for which an annual license fee has already
been paid for that home nursing care provider or home care provider. All fees required in this section shall be as set forth in §
23-1-54. Annual licensure fees for organized ambulatory care
facilities shall also be six hundred and fifty dollars ($650) as set forth in § 23-1-54, provided that
not-for-profit entities operating more than one ambulatory care facility shall
be subject to a single annual licensure fee for all such licenses; provided,
further, that nonprofit charitable community health centers, school based
health centers and nonprofit hospice programs with a current home nursing care
provider license shall be exempt from the fee. All annual licensure fees not
otherwise designated shall be established in regulation and shall be collected
and deposited as general revenues of the state.
SECTION 41. Section 23-17.4-15.2 and 23-17.4-31 of the General Laws in Chapter 23-17.4 entitled “Assisted Living Residence Licensing Act” is hereby amended to read as follows:
23-17.4-15.2. Administrator requirements. -- (a) Each assisted living residence shall have an administrator who is certified by the department in accordance with regulations established pursuant to section 23-17.4-21.1 in charge of the maintenance and operation of the residence and the services to the residents. The administrator is responsible for the safe and proper operation of the residence at all times by competent and appropriate employee(s).
(b) The licensing agency shall perform a criminal background records check on any person applying or reapplying for certification as an administrator. If disqualifying information is found, the licensing agency shall make a judgment regarding certification for that person.
(c) The department may suspend or revoke the certification of an administrator for cause, including but not limited to failure to maintain compliance with the qualifications stated in this section, repeated or intentional violations of this chapter or regulations, or conviction (including but not limited to a plea of nolo contendere) to charges of resident abuse under the provisions of chapter 17.8 of this title, or a conviction of a felony, or exploitation.
(d) The director shall establish fees for licensure application and licensure renewal as set forth in section 23-1-54.
23-17.4-31. Establishment
of fees. -- The director may establish reasonable fees for the licensure
application, licensure renewal, and administrative actions under this chapter.
Annual licensure fees shall be three hundred and
thirty dollars ($330) per licensee plus an additional fee of seventy dollars ($70.00) per licensed bed,
where applicable, shall be assessed. All fees
required in this section shall be as set forth in § 23-1-54.
SECTION 42. Sections 23-17.9-3, 23-17.9-5, 23-17.9-6 and 23-17.9-7 of the General Laws in Chapter 23-17.9 entitled “Registration of Nursing Assistants” are hereby amended to read as follows:
23-17.9-3. Training
and competency evaluation program for levels of nursing assistants. --
Standards for training and/or competency evaluation programs for nursing
assistants and exemptions for applicants from the requirements of training
programs shall be consistent with federal statutory and regulatory requirements
and shall be defined according to the rules and regulations promulgated by the
department of health. The national standards pertaining to nursing assistants,
nurse aides-home health aides, and the national home caring council or its
succeeding agency, (model curriculum and teaching guide for the instruction of
homemaker-home health aide) and any other appropriate standards shall serve as
guidelines in the development of regulatory standards for other levels of
nursing assistants as determined by the director. The department may require a
fee of not more four hundred and ten dollars ($410)
as set forth in § 23-1-54 as an
application fee for biennial training and competency evaluation program
certification.
23-17.9-5. Qualifying
examination. -- Nursing assistants as defined in § 23-17.9-2 who are employed
or have had experience as a nursing assistant prior to the enactment of this
chapter, and the effective date of the regulations promulgated in relation to
this chapter, shall pass the appropriate level of examination administered by
the department approved by the director in lieu of the training program. Exempt
from the qualifying examination are home health aides/homemakers who have
successfully passed the qualifying examination and/or successfully completed an
approved home health aide/homemaker program under the provisions of chapter
17.7 of this title and the regulations promulgated in relation to that chapter.
Also exempt from the qualifying examination are classes of individuals,
regardless of employment setting, who are exempted from examination by federal
statute or regulations and these exemptions shall be defined according to rules
and regulations promulgated by the department of health. Successful completion
of the qualifying examination and the provisions of this section shall be
deemed satisfactory for employment as a nursing assistant. Unless exempted by
rules and regulations promulgated by the department of health, each application
must be submitted with a processing fee of forty
dollars ($40.00) as set forth in §
23-1-54 to be paid by the employing facility or agency if the
applicant has been continuously employed by the facility for six (6) months
prior to the application or by another responsible party as defined in rules
and regulations promulgated by the department of health consistent with federal
statutory and/or regulatory requirements; but, if the applicant is unemployed,
to be submitted by the applicant. If the applicant shall be continuously
employed by the same facility for six (6) months after the application, then
the fee shall be directly refunded to the applicant by the facility or agency.
If federal statutory or regulatory requirements mandate that the certifying
agency conduct an examination of manual skills proficiency as a component of
the examination process to meet minimal federal compliance, a manual skills
proficiency examination may be required by rules and regulations promulgated by
the department of health for all applicants not otherwise exempted from the
examination requirements. If a manual skills proficiency examination is
required to be conducted by the certifying agency as a component of the
certifying examination, each application shall be accompanied by a fee not to exceed one hundred and thirty dollars ($130)
as set forth in § 23-1-54 to be paid by
the employing facility or agency if the applicant has been continuously
employed by the facility for six (6) months prior to the application or by
another responsible party as defined in rules and regulations promulgated by
the department of health consistent with federal statutory and/or regulatory
requirements; but, if the applicant is unemployed, to be submitted by the
applicant. If the applicant shall be continuously employed by the same facility
for six (6) months after the application, then the fee shall be directly
refunded on a pro rata basis between months six (6) and twelve (12) to the
applicant by the facility or agency.
23-17.9-6. Registration.
-- Every nursing assistant being employed as a nursing assistant or
offering services as a nursing assistant must obtain a certificate of
registration issued by the department. Every nursing assistant, prior to being
issued a certificate of registration by the department, shall successfully complete
the training program and/or qualifying examination as required by §§ 23-17.9-3
and 23-17.9-5 unless otherwise exempt from the requirements. All applicants not
otherwise exempted are required to complete the process of training and
examination within a period of one year from the date of initiation of
training. Failure to successfully complete this process within one year
requires that the applicant repeat the training program and be retested. All
nursing assistants shall be registered with and qualified by the department of
health. The fee for registration is forty dollars
($40.00) as set forth in § 23-1-54.
The department shall keep a register in which are entered the names of all
persons to whom certificates of registration are issued under this chapter and
the register shall be open to public inspection. In addition, if required by
federal mandate the department will also keep a separate nurse aide registry.
23-17.9-7. Renewal of
certificate of registration. -- Every holder of a nursing assistant
certificate of registration shall register biennially by making application to
the department on forms provided by the agency. The renewals shall be granted
as a matter of course, upon payment of a fee of
forty dollars ($40.00) as set forth in §
23-1-54 unless the agency finds that the applicant has acted or
failed to act in a manner under the circumstances that would constitute grounds
for suspension or revocation of a certificate of registration.
SECTION 43. Section 23-19.3-5 of the General Laws in Chapter 23-19.3 entitled "Sanitarians" is hereby amended to read as follows:
23-19.3-5. Application
for registration - Examination - Issuance of certificate -- (a) A person
who desires to be registered as a sanitarian shall file with the division of
professional regulation an application upon a form to be prescribed and
furnished by the division of professional regulation. He or she shall include
in the application, under oath, his or her qualifications as a sanitarian. The
application shall be accompanied by a registration fee of one hundred and seventy dollars ($170) as set forth in § 23-1-54.
(b) If the division of professional regulation deems the education
qualifications of the applicant are satisfactory and if he or she passes an
examination, both written and oral, satisfactory to the division of
professional regulation, the division shall issue him or her a certificate of
registration. The certificate of registration shall expire at the end of the
calendar year, and may be renewed on or before January fifteenth (15th) of the
following year. The fee for renewal of a certificate of registration shall be fifty dollars ($50) as
set forth in § 23-1-54.
SECTION 44. Section 23-20.8-3 of the General Laws in Chapter 23-20.8 entitled “Licensing of Massage Therapy Establishments” is hereby amended to read as follows:
23-20.8-3. Practice of massage -- Use of titles limited -- Qualifications for licenses -- Fees. -- (a) Only a person licensed under this chapter shall practice massage.
(b) Only a person licensed under this chapter as a massage therapist may use the title "massage therapist." Only a person licensed under this chapter may use the title "masseur" or "masseuse."
(c) No person, firm, partnership, or corporation shall describe its services under the title "massage" or "massage therapy" unless these services, as defined in §23-20.8-1, are performed by a person licensed to practice massage under this chapter, and, if described as "massage therapy," by a massage therapist.
(d) Application for licenses as a masseur or masseuse, or as a massage therapist, shall be issued by the department of health. Except for persons licensed as massage therapists, the department shall establish minimum educational and training requirements for the persons to be licensed under this chapter and shall have the authority to take disciplinary action against a licensee for knowingly placing the health of a client at serious risk without maintaining the proper precautions.
(e) The fee for original application for licensure as a massage
therapist shall be fifty dollars ($50.00).The fee
and for annual license renewal shall be fifty dollars ($50.00) as
set forth in § 23-1-54. Fees for all other licenses under this
chapter shall be fixed in an amount necessary to cover the cost of
administering this chapter.
(f) Any person applying for a license under this chapter shall undergo a criminal background check. Such persons shall apply to the bureau of criminal identification of the state police or local police department for a nationwide criminal records check. Fingerprinting shall be required. Upon the discovery of any disqualifying information as defined in §23-20.8-5, the bureau of criminal identification of the state police or the local police department shall inform the applicant, in writing, of the nature of the disqualifying information. The applicant shall be responsible for payment of the costs of the criminal records check.
SECTION 45. Section 23-21-2 of the General Laws in Chapter 23-21 entitled "Licensing of Recreational Facilities" is hereby amended to read as follows:
23-21-2. License
required -- Issuance and expiration of license. -- No person shall
maintain within this state any recreation facility or use until that person
shall have obtained a license for a facility or use from the department. The
director, upon receipt of an application for a recreation facility or use shall
cause the facility or use to be inspected and, if the facility or use is found
to comply with the provisions of this chapter and the regulations adopted in
accordance with the provisions of this chapter, shall issue a license upon
receipt of a fee of one hundred sixty ($160)
as set forth in § 23-1-54. In order to
set the license renewal dates so that all activities for each establishment can
be combined on one license instead of on several licenses, the license renewal
date shall be set by the department of health. The license period shall be for
twelve (12) months, commencing on the license renewal date, unless sooner
suspended or revoked for violation of the provisions of this chapter or the
regulations adopted in accordance with this chapter, and the license fee shall
be at the full annual rate regardless of the date of application or the date of
issuance of license. If the license renewal date is changed, the department may
make an adjustment to the fees of licensed establishments, not to exceed the
annual license fee, in order to implement the change in license renewal date.
SECTION 46. Sections 23-22-6, and 23-22-10 of the General Laws in Chapter 23-22 entitled “Licensing of Swimming Pools” are hereby amended to read as follows:
23-22-6. License
required -- Term of license -- Application -- Fee .-- (a) No person
shall maintain within this state a swimming pool until that person shall have
obtained the appropriate license from the department. Licenses shall be of two
(2) types, year-round or seasonal. The director, upon receipt of an application
for a license to operate a swimming pool, shall cause that swimming pool to be
inspected and if the swimming pool is found to comply with the provisions of
this chapter and the regulations adopted in accordance with this chapter, shall
issue a license upon receipt of a fee for a year-round license, of two hundred fifty dollars ($250) for the first
pool at one location and seventy-five dollars
($75.00) an additional fee
for each additional pool at the same location,
. The director shall issue a license upon receipt
of a fee for a seasonal license of one
hundred fifty dollars ($150) for the first pool at one location and seventy-five dollars ($75.00) an additional fee for each additional pool at the
same location. Seasonal licenses shall begin no sooner than June 1, and expire
on September 30 of the year issued and year-round licenses shall expire on
December 31 of the year issued, unless sooner revoked for violation of the
provisions of this chapter or of the regulations adopted in accordance with
this chapter. Provided, however, every organization which provides recreational
facilities for persons under the age of eighteen (18) years and which is exempt
from income taxes pursuant to the provisions of 26 U.S.C. § 501(c)(3), and
which maintains a swimming pool shall pay a fee of
twenty-five dollars ($25.00) for a year-round license. All fees required by this section shall be as set forth in §
23-1-54. The provisions of this chapter shall not apply to any
swimming pool maintained by the state.
(b) No lifeguard shall be required for any pool licensed in this chapter; provided, a lifeguard shall be on duty if the pool is used by a swim club or a group of unsupervised children who may have access to the pool. Operators of pools shall, when no lifeguard is on duty:
(1) Require an attendant and/or a mechanical system to limit access to guests and members only;
(2) Require a person trained in first aid to be physically located in close proximity to the pool in question;
(3) Require the following signs to be posted in a conspicuous place:
(i) NO LIFEGUARD ON DUTY - SWIM AT YOUR OWN RISK (minimum 4" letters in RED)
(ii) NO ONE UNDER 18 PERMITTED UNLESS ACCOMPANIED BY AN ADULT
(iii) ADULTS SHOULD NOT SWIM ALONE
(iv) A SCHEDULE OF POOL HOURS
(v) NO GLASS IN POOL AREA
(vi) NO RUNNING OR ROUGH HOUSING
(vii) NO DIVING
(viii) NO ANIMALS OR PETS
(4) Require, in the case of outdoor pools, in addition to the above requirements, a fence with a lockable gate or door, a minimum of not less than six feet (6') in height, which completely surrounds the pool area.
23-22-10. Duplicate
license -- Displaying license after suspension or revocation. -- Whenever
a license while still effective may become defaced or destroyed, the department
of health shall, upon application, issue a duplicate license upon payment of a
fee of two dollars ($2.00) as set forth in § 23-1-54 to the department. It
shall be unlawful for any person to display or to keep displayed any license
after the person has received notice of the suspension or revocation of the
license.
SECTION 47. Section 23-39-11 of the General Laws in Chapter 23-39 entitled “Respiratory Care Act” is hereby amended to read as follows:
23-39-11. Fees. -- (a) The director, in consultation with the board, shall establish a schedule of reasonable fees for licenses, and for renewal of licenses for respiratory care practitioners.
(b) The initial application fee shall be one hundred and seventy dollars ($170) as set forth in § 23-1-54.
(c) A biennial license renewal fee shall be established in an
amount of one hundred and thirty ($130) as set forth in § 23-1-54.
SECTION 48. Chapter 23-1 of the General Laws entitled “Department of Health” is hereby amended by adding thereto the following section:
23-1-16.1 Letters of License Verification-Fees. -- (a) There shall be a fee, to be paid by the individual or entity making the request as set forth in § 23-1-54, for any letter issued by the department verifying a license which was issued by the department; and
(b) the proceeds of any fees collected pursuant to the provisions of this chapter shall be paid into the state treasury and shall be for the use of the department of health to offset the costs of issuing the license verification letters.
SECTION 49. Chapter 23-1 of the General Laws entitled “Department of Health” is hereby amended by adding thereto the following section:
23-1-54. Fees Payable to the Department of Health. -- Fees payable to the department shall be as follows:
PROFESSION RIGL Section Description of Fee FEE
Barbers/hairdressers 5-10-10 (a) Renewal application $25.00
Barbers/hairdressers 5-10-10 (a) Renewal application:
Manicuring Instructors and manicurists $25.00
Barbers/hairdressers 5-10-10 (b) Minimum late renewal fee $25.00
Barbers/hairdressers 5-10-10 (b) Maximum late renewal fee $100.00
Barbers/hairdressers 5-10-11 [c] Application fee $25.00
Barbers/hairdressers 5-10-11 [c] Application fee: manicuring
Instructors and manicurists $25.00
Barbers/hairdressers 5-10-13 Demonstrator's permit $90.00
Barbers/hairdressers 5-10-15 Shop license: initial $170.00
Barbers/hairdressers 5-10-15 Shop license: renewal $170.00
Barbers/hairdressers 5-10-15(b) Initial: per licensed chair/station $50.00
Veterinarians 5-25-10 Application fee $40.00
Veterinarians 5-25-11 Examination fee $540.00
Veterinarians 5-25-12 (a) Renewal fee $580.00
Veterinarians 5-25-12 [c] Late renewal fee $120.00
Podiatrists 5-29-7 Application fee $240.00
Podiatrists 5-29-11 Renewal fee: minimum $240.00
Podiatrists 5-29-11 Renewal fee: maximum $540.00
Podiatrists 5-29-13 Limited registration $65.00
Podiatrists 5-29-14 Limited registration:
Academic faculty $240.00
Podiatrists 5-29-14 Application fee:
Renewal minimum $240.00
Podiatrists 5-29-14 Application fee:
Renewal maximum $440.00
Chiropractors 5-30-6 Examination fee: $210.00
Chiropractors 5-30-7 Examination exemption fee: $210.00
Chiropractors 5-30-8 (b) Exam Physiotherapy $210.00
Chiropractors 5-30-8 (b) Exam chiro and physiotherapy $210.00
Chiropractors 5-30-12 Renewal fee $210.00
Dentists/dental hygienists 5-31.1-6 (d) Dentist: application fee $965.00
Dentists/dental hygienists 5-31.1-6 (d) Dental hygienist: application fee $65.00
Dentists/dental hygienists 5-31.1-6 (d) Reexamination: dentist $965.00
Dentists/dental hygienists 5-31.1-6 (d) Reexamination: hygienist $65.00
Dentists/dental hygienists 5-31.1-21 (b) Reinstatement fee dentist $90.00
Dentists/dental hygienists 5-31.1-21 (b) Reinstatement fee hygienist $90.00
Dentists/dental hygienists 5-31.1-21 (c) Inactive status: dentist $220.00
Dentists/dental hygienists 5-31.1-21 (c) Inactive status: hygienist $40.00
Dentists/dental hygienists 5-31.1-22 Limited registration $65.00
Dentists/dental hygienists 5-31.1-23 [c] Limited reg:
Academic faculty $965.00
Dentists/dental hygienists 5-31.1-23 [c] Limited reg:
Academic faculty renewal $500.00
Electrolysis 5-32-3 Application fee $25.00
Electrolysis 5-32-6 (b) Renewal fee $25.00
Electrolysis 5-32-7 Reciprocal license fee $25.00
Electrolysis 5-32-17 Teaching license $25.00
Funeral directors/embalmers/ 5-33.2-12 Funeral establishment license $120.00
Funeral services establishments
Funeral directors/embalmers/ 5-33.2-15 Renewal: funeral/director $90.00
funeral services establishments embalmer $30.00
Funeral directors/embalmers/ 5-33.2-12 Funeral branch ofc license $90.00
Funeral directors/embalmers/ 5-33.2-13.1 Crematories: application fee $120.00
Funeral services establishments
Funeral directors/embalmers/ 5-33.2-15 Renewal: funeral/director
Funeral Svcs establishments establishment $120.00
Funeral directors/embalmers/ 5-33.2-15 Additional branch office
Funeral services Establishments licenses $120.00
Funeral directors/embalmers/ 5-33.2-15 Crematory renewal fee
Funeral svcs establishments $120.00
Funeral directors/embalmers/ 5-33.2-15 Late renewal fee
Funeral svcs establishments (All license types) $25.00
Funeral directors/embalmers/ 5-33.2-16 (a) Intern registration fee
Funeral Services establishments $25.00
Nurses 5-34-12 RN Application fee $135.00
Nurses 5-34-16 LPN Application fee $45.00
Nurses 5-34-19 Renewal fee: RN $135.00
Nurses 5-34-19 Renewal fee: LPN $45.00
Nurses 5-34-37 RNP application fee $80.00
Nurses 5-34-37 RNP renewal fee $80.00
Nurses 5-34-37 RNP prescriptive privileges $65.00
Nurses 5-34-40.3 Clin nurse spec application $80.00
Nurses 5-34-40.3 Clin nurse spec renewal $80.00
Nurses 5-34-40.3 Clin nurse spec Rx privilege $65.00
Nurse anesthetists 5-34.2-4 (a) CRNA application fee $80.00
Nurse anesthetists 5-34.2-4 (b) CRNA renewal fee $80.00
Optometrists 5-35.1-4 Application fee $280.00
Optometrists 5-35.1-7 Renewal fee $280.00
Optometrists 5-35.1-7 Late fee $90.00
Optometrists 5-35.1-7 Reactivation of license fee $65.00
Optometrists 5-35.1-19 (b) Violations of section $650.00
Optometrists 5-35.1-20 Violations of chapter $260.00
Opticians 5-35.2-3 Application fee $30.00
Physicians 5-37-2 Application fee $1,090.00
Physicians 5-37-2 Re-examination fee $1,090.00
Physicians 5-37-10 (b) Late renewal fee $170.00
Physicians 5-37-16 Limited registration fee $65.00
Physicians 5-37-16.1 Ltd reg: academic faculty $600.00
Physicians 5-37-16.1 Ltd reg: academic
Faculty renewal $170.00
Acupuncture 5-37.2-10 Application fee $310.00
Acupuncture 5-37.2-13(4) Acupuncture assistant $310.00
Licensure fee $170.00
Social workers 5-39.1-9 Application fee $70.00
Social workers 5-39.1-9 Renewal fee $70.00
Physical therapists 5-40-8 Application fee $155.00
Physical therapists 5-40-8.1 Application: physical therapy assistants $ 50.00
Physical therapists 5-40-10 (a) Renewal fee:
Physical therapists $155.00
Physical therapists 5-40-10 (a) Renewal fee: Physical therapy
assistants $ 50.00
Physical therapists 5-40-10 [c] Late renewals $ 50.00
Occupational therapists 5-40.1-12 (2) Renewal fee $140.00
Occupational therapists 5-40.1-12 (5) Late renewal fee $50.00
Occupational therapists 5-40.1-12 (b) Reactivation fee $140.00
Occupational therapists 5-40.1-13 Application fee $140.00
Psychologists 5-44-12 Application fee $230.00
Psychologists 5-44-13 Temporary permit $120.00
Psychologists 5-44-15[c] Renewal fee $230.00
Psychologists 5-44-15 (e) Late renewal fee $50.00
Nursing home administrators 5-45-10 Renewal fee $160.00
Speech pathologist/audiologists 5-48-1 (14) Speech lang support personnel:
late filing $ 90.00
Speech pathologist/audiologists 5-48-9 (a) Application fee: Audiologist $ 65.00
Speech pathologist/audiologists 5-48-9 (a) Application fee:
speech Pathologist $145.00
Speech pathologist/audiologists 5-48-9 (a) Renewal fee: Audiologist $65.00
Speech pathologist/audiologists 5-48-9 (a) Renewal fee: Speech
Pathologist $145.00
Speech pathologist/audiologists 5-48-9 (a) Provisional license: renewal fee $65.00
Speech pathologist/audiologists 5-48-9 (b) Late renewal fee $50.00
Speech pathologist/audiologists 5-48-9 (d)(1) Reinstatement fee: audiologist $65.00
Speech pathologist/audiologists 5-48-9 (d)(1) Reinstatement fee: audiologist $65.00
speech pathologists $145.00
personnel: late filing $65.00
Hearing aid dealers/fitters 5-49-6 (a) License endorsement
Examination fee $ 25.00
Hearing aid dealers/fitters 5-49-8 (b) Temporary permit fee $ 25.00
Hearing aid dealers/fitters 5-49-8 (d) Temporary permit renewal fee $ 35.00
Hearing aid dealers/fitters 5-49-11 (1) License fee $ 25.00
Hearing aid dealers/fitters 5-49-11 (b) License renewal fee $25.00
Hearing aid dealers/fitters 5-49-11 [c] License renewal late fee $25.00
Physician assistants 5-54-9 (4) Application fee $110.00
Physician assistants 5-54-11 (b) Renewal fee $110.00
Orthotics/prosthetic practice 5-59.1-5 Application fee $120.00
Orthotics/prosthetic practice 5-59.1-12 Renewal fee $120.00
Athletic trainers 5-60-11 Application fee $60.00
Athletic trainers 5-60-11 Renewal fee $60.00
Athletic trainers 5-60-11 Late renewal fee $25.00
Mental health counselors/ 5-63.2-16 Application fee: marriage/
Marriage and family therapists Family therapist $130.00
Mental health counselors/ 5-63.2-16 Application fee: mental
Marriage and family therapists Health counselors $70.00
Mental health counselors/ 5-63.2-16 Reexamination fee:
Marriage and family therapists Marriage/family therapist $130.00
Mental health counselors/ 5-63.2-16 Reexamination fee:
Marriage and family therapists Mental health counselors $ 70.00
Mental health counselors/ 5-63.2-17(a) Renewal fee: marriage/
marriage and Family therapists Family therapist $130.00
Mental health counselors/5-63.2-17(a) Renewal fee:
Marriage and family therapist Mental health counselor $50.00
Mental health counselors/ 5-63.2-17(b) Late renewal fee
Marriage and family therapist marriage and family therapist $90.00
Dieticians/nutritionists 5-64-6 (b) Application fee $75.00
Dieticians/nutritionists 5-64-7 Graduate status:
Application fee: $75.00
Dieticians/nutritionists 5-64-8 Renewal fee $ 75.00
Dieticians/nutritionists 5-64-8 Reinstatement fee $ 75.00
Radiologic technologists 5-68.1-10 Application fee maximum $190.00
Licensed chemical 5-69-9 Application fee $75.00
dependency professionals
Licensed chemical 5-69-9 Renewal fee $75.00
dependency professionals
Licensed chemical 5-69-9 Application fee $75.00
Licensed chemical 5-69-9 Application fee $75.00
dependency clinical supervisor
Licensed chemical 5-69-9 Renewal fee $75.00
dependency clinical supervisor
Deaf interpreters 5-71-8 (3) License fee maximum $ 25.00
Deaf interpreters 5-71-8 (3) License renewal fee $ 25.00
Milk producers 21-2-7(g)(1) In-state milk processor $160.00
Milk producers 21-2-7(g)(2) Out-of-state milk processor $160.00
Milk producers 21-2-7(g)(3) Milk distributors $160.00
Frozen desserts 21-9-3 (1) In-state wholesale $550.00
Frozen desserts 21-9-3 (2) Out-of-state wholesale $160.00
Frozen desserts 21-9-3 (3) Retail frozen dess processors $160.00
Meats 21-11-4 Wholesale $160.00
Meats 21-11-4 Retail $ 40.00
Shellfish packing houses 21-14-2 License fee:
Shipper/reshipper $320.00
Shellfish packing houses 21-14-2 License fee:
Shucker packer/re packer $390.00
Non-alcoholic bottled 21-23-2 Bottler permit
Beverages, Drinks & juices $550.00
Non-alcoholic bottled 21-23-2 Bottle apple cider fee
beverages, drinks and juices $ 60.00
Farm home food manufacturers 21-27-6.1 (4) Registration fee $ 65.00
Food businesses 21-27-10 (e)(1) Food processors wholesale $500.00
Food businesses 21-27-10 (e)(2) Food processors retail $120.00
Food businesses 21-27-10 (e)(3) Food service establishments
<50 seats $160.00
Food businesses 21-27-10 (e)(3) Food service establishments
>50 seats $240.00
Food businesses 21-27-10 (e)(3) Mobile food service units $100.00
Food businesses 21-27-10 (e)(3) Industrial caterer or food vending
Machine commissary $280.00
Food businesses 21-27-10 (e)(3) Cultural heritage educational
Facility $ 80.00
Food businesses 21-27-10 (e)(4) Vending Machine Location
< 3 units $ 50.00
Food businesses 21-27-10 (e)(4) Vending Machine
Location 4-10 units $100.00
Food businesses 21-27-10 (e)(4) Vending Machine Location
≥ 11 units $120.00
Food businesses 21-27-10 (e)(5) Retail Mkt
1-2 cash registers $120.00
Food businesses 21-27-10 (e)(5) Retail Market
3-5 cash registers $240.00
Food businesses 21-27-10 (e)(5) Retail Market ≥ 6
Cash registers $510.00
Food businesses 21-27-10 (e)(6) Retail food peddler $100.00
Food businesses 21-27-10 (e)(7) Food warehouses $190.00
Food businesses 21-27-11.2 Certified food safety mgr $ 50.00
License verification fee 23-1-16.1 All license types $ 50.00
Tattoo and body piercing 23-1-39 Annual registration fee:
Person $90.00
Tattoo and body piercing 23-1-39 Annual registration fee:
establishment $90.00
Vital records 23-3-25 (a)(1) Certificate of birth, fetal death,
Death, marriage, birth, or
Certification that such record
Cannot be found $ 20.00
Vital records 23-3-25 (a)(1) Each duplicate of certificate
of birth, fetal death, death, marriage,
Birth, or certification that such record
cannot be found $ 15.00
Vital records 23-3-25 (a)(2) Each additional calendar year
Search, if within 3 months of
original search and if receipt of original
search presented $ 2.00
Vital records 23-3-25 (a)(3) Expedited service $ 7.00
Vital records 23-3-25 (a)(4) Adoptions, legitimations, or
Paternity determinations $ 15.00
Vital records 23-3-25 (a)(5) Authorized corrections,
Alterations, and additions $ 10.00
Vital records 23-3-25 (a)(6) Filing of delayed record and
Examination of documentary
Proof $ 20.00
Vital records 23-3-25 (a)(6) Issuance of certified copy
of a delayed record $ 20.00
Medical Examiner 23-4-13 Autopsy reports $ 40.00
Medical Examiner 23-4-13 Cremation certificates
and statistics $ 30.00
Medical Examiner 23-4-13 Testimony in civil suits:
Minimum/day $650.00
Medical Examiner 23-4-13 Testimony in civil suits:
Maximum/day $3,250.00
Emergency medical technicians 23-4.1-10[c] Annual fee: ambulance
Service maximum $540.00
Emergency medical technicians 23-4.1-10[c] Annual fee: vehicle license
maximum $275.00
Emergency medical technicians 23-4.1-10[c] Triennial fee: EMT license
maximum $ 120.00
Emergency medical technicians 23-4.1-10 (2) Exam fee maximum: EMT $ 120.00
Emergency medical technicians 23-4.1-10 (2) Vehicle inspection
Maximum $190.00
Clinical laboratories 23-16.2-4 (a) Clinical laboratory license
per specialty $650.00
Clinical laboratories 23-16.2-4 (a) Laboratory station license $650.00
Clinical laboratories 23-16.2-4 (b) Permit fee $ 70.00
Health care facilities 23-17-38 Hospital: base fee annual $16,900.00
Health care facilities 23-17-38 Hospital: annual per bed fee $120.00
Health care facilities 23-17-38 ESRD: annual fee $3,900.00
Health care facilities 23-17-38 Home nursing care/home
Care providers $650.00
Health care facilities 23-17-38 OACF: annual fee $650.00
Assisted living residences/ 23-17.4-15.2(d) License application fee: $220.00
administrators
Assisted living residences/ 23-17.4-15.2(d) License renewal fee: $220.00
administrators
Assisted living residences 23-17.4-31 Annual facility fee: base $330.00
Assisted living residences 23-17.4-31 Annual facility per bed $ 70.00
Nursing assistant registration 23-17.9-3 Application: competency
evaluation training
program maximum $325.00
Nursing assistant registration 23-17.9-5 Application fee $ 35.00
Nursing assistant registration 23-17.9-5 Exam fee: skills proficiency $170.00
Nursing assistant registration 23-17.9-6 Registration fee $ 35.00
Nursing assistant registration 23-17.9-7 Renewal fee $ 35.00
Sanitarians 23-19.3-5 (a) Registration fee $ 25.00
Sanitarians 23-19.3-5 (b) Registration renewal $ 25.00
Massage therapy 23-20.8-3 (e) Massage therapist appl fee $ 65.00
Massage therapy 23-20.8-3 (e) Massage therapist renewal
fee $ 65.00
Recreational facilities 23-21-2 Application fee $160.00
Swimming pools 23-22-6 Application license:
first pool $250.00
Swimming pools 23-22-6 Additional pool
fee at same location $ 75.00
Swimming pools 23-22-6 Seasonal application license:
first pool $150.00
Swimming pools 23-22-6 Seasonal additional pool
fee at same location $ 75.00
Swimming pools 23-22-6 Year-round license
for non-profit $25.00
Swimming pools 23-22-10 Duplicate license $ 2.00
Swimming pools 23-22-12 Penalty for violations $ 50.00
Respiratory care practitioners 23-39-11 Application fee $60.00
Respiratory care practitioners 23-39-11 Renewal fee $60.00
SECTION 50. This article shall take effect on July 1, 2012.
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art.010/6/010/5/010/4/010/3/010/2/010/1
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ARTICLE 10
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2012
SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained in this article, the following general revenue amounts are hereby appropriated out of any money in the treasury not otherwise appropriated to be expended during the fiscal year ending June 30, 2012. The amounts identified for federal funds and restricted receipts shall be made available pursuant to Section 35-4-22 and Chapter 42-41 of the Rhode Island General Laws. For the purposes and functions hereinafter mentioned, the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sums or such portions thereof as may be required from time to time upon receipt by him or her of properly authenticated vouchers.
FY 2012 FY 2012 FY 2012
Enacted Change Final
Administration
Central Management General Revenues 1,326,065 540,232 1,866,297
Legal Services General Revenues 1,825,486 106,608 1,932,094
Accounts and Control General Revenues 3,751,998 29,173 3,781,171
Budgeting General Revenues 2,015,159 273,582 2,288,741
Purchasing
General Revenues 2,445,901 (140,094) 2,305,807
Federal Funds 68,956 (497) 68,459
Other Funds 265,489 (8,757) 256,732
Total – Purchasing 2,780,346 (149,348) 2,630,998
Auditing General Revenues 1,376,922 (136,914) 1,240,008
Human Resources
General Revenues 8,952,981 (366,698) 8,586,283
Federal Funds 770,374 (86,888) 683,486
Restricted Receipts 426,866 (57,308) 369,558
Other Funds 1,360,618 (72,735) 1,287,883
Total - Human Resources 11,510,839 (583,629) 10,927,210
Personnel Appeal Board General Revenues 73,560 1,116 74,676
Facilities Management
General Revenues 31,519,155 (117,790) 31,401,365
Federal Funds 1,041,891 (20,635) 1,021,256
Federal Funds – Stimulus 0 500,408 500,408
Restricted Receipts 594,907 (12,376) 582,531
Other Funds 3,301,000 (62,745) 3,238,255
Total – Facilities Management 36,456,953 286,862 36,743,815
Capital Projects and Property Management
General Revenues 2,429,894 206,803 2,636,697
Federal Funds - Stimulus 58,363 175,502 233,865
Restricted Receipts 1,433,822 (184,033) 1,249,789
Total – Capital Projects & Property Mgmt 3,922,079 198,272 4,120,351
Information Technology
General Revenues 19,949,105 593,088 20,542,193
Federal Funds 6,775,106 (616,541) 6,158,565
Restricted Receipts 1,863,153 (88,751) 1,774,402
Other Funds 1,792,590 314,143 2,106,733
Total – Information Technology 30,379,954 201,939 30,581,893
Library and Information Services
General Revenues 932,971 (1,802) 931,169
Federal Funds 1,288,445 147,652 1,436,097
Restricted Receipts 1,895 0 1,895
Total - Library and Information Services 2,223,311 145,850 2,369,161
Planning
General Revenues 4,075,067 (11,656) 4,063,411
Federal Funds 11,414,909 (444,408) 10,970,501
Federal Funds - Stimulus 1,053,053 427,596 1,480,649
Federal Highway – PL Systems Planning 5,126,163 (232,777) 4,893,386
Air Quality Monitoring 10,000 (10,000) 0
Total - Planning 21,679,192 (271,245) 21,407,947
General
General Revenues
Economic Development Corporation 4,811,811 770,000 5,581,811
EDC – Airport Corporation Impact Aid 1,025,000 0 1,025,000
Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be distributed to each airport serving more than 1,000,000 passengers based upon its percentage of the total passengers served by all airports serving more than 1,000,000 passengers. Forty percent (40%) of the first $1,000,000 shall be distributed based on the share of landings during the calendar year 2011 at North Central Airport, and Westerly Airport, respectively. The Economic Development Corporation shall make an impact payment to the towns of cities in which the airport is located based on this calculation.
Each community upon which any parts of the above airports are located shall receive at least $25,000.
EDC – EPScore (Research Alliance) 1,500,000 0 1,500,000
I-195 Commission 0 50,000 50,000
Miscellaneous Grants 376,560 (14,175) 362,385
Slater Centers of Excellence 2,000,000 0 2,000,000
Torts – Courts 400,000 0 400,000
State Employees/Teachers Retiree
Health Subsidy 2,321,057 0 2,321,057
Resource Sharing and State Library Aid 8,773,398 0 8,773,398
Library Construction Aid 2,821,772 0 2,821,772
Federal Funds 0 8,691,110 8,691,110
Restricted Receipts 421,500 0 421,500
Rhode Island Capital Plan Funds
Statehouse Renovations 1,500,000 (835,296) 664,704
Cranston Street Armory 200,000 20,863 220,863
Cannon Building 1,225,000 0 1,225,000
Zambarano Building Rehabilitation 848,000 (527,516) 320,484
Pastore Medical Center Rehab DOA 1,000,000 0 1,000,000
Old State House 500,000 0 500,000
State Office Building 1,150,000 0 1,150,000
Old Colony House 200,000 305,277 505,277
William Powers Building 500,000 357,348 857,348
Fire Code Compliance State Buildings 650,000 (400,000) 250,000
Pastore Center Fire Code Compliance 800,000 340,137 1,140,137
Pastore Center Water Tanks 500,000 0 500,000
Pastore Center Utilities Upgrade 1,000,000 30,509 1,030,509
Replacement of Fueling Tanks 300,000 195,799 495,799
Environmental Compliance 300,000 (100,000) 200,000
Pastore Center Building Demolition 2,500,000 (2,000,000) 500,000
McCoy Stadium 500,000 607,809 1,107,809
Washington County Government Center 1,200,000 946,233 2,146,233
DoIT Operations Center 288,000 1,383,506 1,671,506
Pastore Center Power Plant 670,000 175,825 845,825
Veterans Memorial Auditorium 1,400,000 2,224,825 3,624,825
Chapin Health Laboratory 500,000 (375,000) 125,000
Pastore Center Parking 225,000 0 225,000
Board of Elections New Location 100,000 (100,000) 0
Building 79 Stabilization 300,000 (300,000) 0
Interdepartmental Weapons Range 150,000 (150,000) 0
USAR Rubble Pile 0 200,000 200,000
Zambarano Woodchip Boiler 0 750,000 750,000
Big River Groundwater Development 0 186,372 186,372
Big River Management Area 200,000 65,252 265,252
Total – General 43,157,098 12,498,878 55,655,976
Debt Service Payments
General Revenues 144,742,359 (2,207,096) 142,535,263
Federal Funds 743,348 2,015,980 2,759,328
Restricted Receipts 7,634,798 (3,179,641) 4,455,157
RIPTA Debt Service 1,198,372 (93,028) 1,105,344
Transportation Debt Service 46,206,772 (6,360,035) 39,846,737
Investment Receipts – Bond Funds 100,000 0 100,000
COPS - DLT Building – TDI 278,848 0 278,848
Total - Debt Service Payments 200,904,497 (9,823,820) 191,080,677
Energy Resources
Federal Funds 34,004,073 135,175 34,139,248
Federal Funds – Stimulus 11,865,689 17,547,543 29,413,232
Restricted Receipts 7,682,130 3,080,065 10,762,195
Total – Energy Resources 53,551,892 20,762,783 74,314,675
Undistributed Statewide Savings General Revenues (3,000,000) 3,000,000 0
Grand Total – Administration 413,935,351 27,080,339 441,015,690
Business Regulation
Central Management General Revenues 1,162,041 (67,085) 1,094,956
Banking Regulation
General Revenues 1,472,238 (101,101) 1,371,137
Restricted Receipts 125,000 0 125,000
Total - Banking Regulation 1,597,238 (101,101) 1,496,137
Securities Regulation
General Revenues 1,051,512 (200,500) 851,012
Restricted Receipts 15,000 0 15,000
Total - Securities Regulation 1,066,512 (200,500) 866,012
Insurance Regulation
General Revenues 4,031,865 (420,283) 3,611,582
Federal Funds 148,312 (64,653) 83,659
Restricted Receipts 1,140,825 146,435 1,287,260
Total - Insurance Regulation 5,321,002 (338,501) 4,982,501
Office of the Health Commissioner
General Revenues 547,168 (41,731) 505,437
Federal Funds 6,654,961 2,702,717 9,357,678
Restricted Receipts 10,500 0 10,500
Total – Office of the Health Commissioner 7,212,629 2,660,986 9,873,615
Board of Accountancy General Revenues 170,668 (29,996) 140,672
Commercial Licensing, Racing & Athletics
General Revenues 753,526 (219,777) 533,749
Restricted Receipts 476,122 8,269 484,391
Total - Commercial Licensing, Racing &
Athletics 1,229,648 (211,508) 1,018,140
Board for Design Professionals General Revenues 247,360 76,977 324,337
Grand Total - Business Regulation 18,007,098 1,789,272 19,796,370
Labor and Training
Central Management
General Revenues 113,640 5,235 118,875
Restricted Receipts 534,274 (192,965) 341,309
Rhode Island Capital Plan Funds
Center General Asset Protection 208,500 (25,000) 183,500
Center General Roof 770,000 (753,650) 16,350
Total - Central Management 1,626,414 (966,380) 660,034
Workforce Development Services
Federal Funds 29,292,898 (1,162,473) 28,130,425
Federal Funds – Stimulus 0 12,450 12,450
Restricted Receipts 6,694,730 (352,723) 6,342,007
Shared Youth Vision 45,900 (45,900) 0
Total - Workforce Development Services 36,033,528 (1,548,646) 34,484,882
Workforce Regulation and Safety General Revenues 2,901,435 80,420 2,981,855
Income Support
General Revenues 4,163,873 (132,012) 4,031,861
Federal Funds 19,194,869 4,804,308 23,999,177
Federal Funds – Stimulus - UI 51,275,635 120,288,044 171,563,679
Restricted Receipts 1,320,268 26,005,934 27,326,202
Temporary Disability Insurance Fund 172,306,860 (983,251) 171,323,609
Employment Security Fund 273,892,146 164,674,681 438,566,827
Total - Income Support 522,153,651 314,657,704 836,811,355
Injured Workers Services Restricted Receipts 8,555,089 590,040 9,145,129
Labor Relations Board General Revenues 396,538 (15,589) 380,949
Grand Total - Labor and Training 571,666,655 312,797,549 884,464,204
Department of Revenue
Director of Revenue General Revenues 784,261 1,705 785,966
Office of Revenue Analysis General Revenues 435,910 (53,712) 382,198
Lottery Division Other Funds 218,537,728 9,301,684 227,839,412
Municipal Finance
General Revenues 1,204,490 (33,315) 1,171,175
Central Falls Receivership 698,450 1,016,987 1,715,437
East Providence 0 129,225 129,225
Total – Municipal Finance 1,902,940 1,112,897 3,015,837
Taxation
General Revenues 17,323,623 (122,313) 17,201,310
Federal Funds 1,348,756 (11,618) 1,337,138
Restricted Receipts 888,899 (8,207) 880,692
Other Funds
Motor Fuel Tax Evasion 43,178 54 43,232
Temporary Disability Insurance 987,032 (3,195) 983,837
RICAP – Tax Data Warehouse 0 236,105 236,105
Total – Taxation 20,591,488 90,826 20,682,314
Registry of Motor Vehicles
General Revenues 17,574,304 365,453 17,939,757
Federal Funds 1,287,303 (459,792) 827,511
Restricted Receipts 15,100 347,992 363,092
Rhode Island Capital Plan Funds
Registry of Motor Vehicles – Forand 0 519,579 519,579
Total – Registry of Motor Vehicles 18,876,707 773,232 19,649,939
State Aid
General Revenues
Distressed Communities Relief Fund 10,384,458 0 10,384,458
Payment in Lieu of Tax Exempt Properties 33,080,409 0 33,080,409
Motor Vehicle Excise Tax Payments 10,000,000 0 10,000,000
Property Revaluation Program 1,125,000 (219,780) 905,220
Municipal Pension Revaluation 0 234,000 234,000
Central Falls Stabilization Payment 0 2,636,932 2,636,932
Restricted Receipts - Car Rental Tax/
Surcharge – Warwick Share 957,497 0 957,497
Total – State Aid 55,547,364 2,651,152 58,198,516
Grand Total – Revenue 316,676,398 13,877,784 330,554,182
Legislature
General Revenues 36,548,053 3,474,421 40,022,474
Restricted Receipts 1,649,199 (7,144) 1,642,055
Grand Total – Legislature 38,197,252 3,467,277 41,664,529
Lieutenant Governor
General Revenues 965,940 (14,831) 951,109
Federal Funds 124,232 (173) 124,059
Grand Total - Lieutenant Governor 1,090,172 (15,004) 1,075,168
Secretary of State
Administration General Revenues 2,056,734 (190,877) 1,865,857
Corporations General Revenues 1,891,380 337,742 2,229,122
State Archives
General Revenues 79,385 0 79,385
Restricted Receipts 496,548 5,788 502,336
Total - State Archives 575,933 5,788 581,721
Elections & Civics
General Revenues 1,432,530 (23,985) 1,408,545
Federal Funds 0 55,438 55,438
Total – Elections and Civics 1,432,530 31,453 1,463,983
State Library General Revenues 581,844 10,398 592,242
Office of Public Information General Revenues 334,439 5,312 339,751
Grand Total – Secretary of State 6,872,860 199,816 7,072,676
General Treasurer
Treasury
General Revenues 2,190,137 98,721 2,288,858
Federal Funds 279,741 19,506 299,247
Temporary Disability Insurance Fund 227,589 22,126 249,715
Total – Treasury 2,697,467 140,353 2,837,820
State Retirement System
General Revenues 0 206,456 206,456
Restricted Receipts
Admin Expenses - State Retirement System 11,062,057 (227,636) 10,834,421
Retirement - Treasury Investment Operations 1,060,744 125,645 1,186,389
Total - State Retirement System 12,122,801 104,465 12,227,266
Unclaimed Property Restricted Receipts 15,940,148 11,107,317 27,047,465
Crime Victim Compensation Program
General Revenues 110,715 32,915 143,630
Federal Funds 848,310 50,895 899,205
Restricted Receipts 1,481,135 (332,170) 1,148,965
Total - Crime Victim Compensation Program 2,440,160 (248,360) 2,191,800
Grand Total – General Treasurer 33,200,576 11,103,775 44,304,351
Board of Elections
General Revenues 1,825,905 (121,644) 1,704,261
Federal Funds 50,000 0 50,000
Grand Total - Board of Elections 1,875,905 (121,644) 1,754,261
Rhode Island Ethics Commission
General Revenues 1,560,008 (97,062) 1,462,946
Office of Governor
General Revenues 4,088,521 (43,223) 4,045,298
Contingency Fund 250,000 0 250,000
Federal Funds 0 109,768 109,768
Federal Funds – Stimulus 139,898 (139,898) 0
Restricted Receipts - OERR 777,676 (65,320) 712,356
Grand Total – Office of Governor 5,256,095 (138,673) 5,117,422
Commission for Human Rights
General Revenues 1,154,038 (11,218) 1,142,820
Federal Funds 301,532 (24,463) 277,069
Grand Total - Commission for
Human Rights 1,455,570 (35,681) 1,419,889
Public Utilities Commission
Federal Funds 109,394 (610) 108,784
Federal Funds – Stimulus 199,979 11,548 211,527
Restricted Receipts 7,795,633 (18,486) 7,777,147
Grand Total - Public Utilities Commission 8,105,006 (7,548) 8,097,458
Office of Health and Human Services
General Revenues 9,773,834 571,128 10,344,962
Federal Funds 6,250,134 1,688,372 7,938,506
Federal Funds – Stimulus 0 104,000 104,000
Restricted Receipts 904,712 (7,272) 897,440
Grand Total – Health and Human Services 16,928,680 2,356,228 19,284,908
Children, Youth, and Families
Central Management
General Revenues
Information Systems 1,033,309 164,929 1,198,238
Office of the Budget 341,958 368,377 710,335
Office of the Director 889,249 (530,988) 358,261
Support Services 2,430,044 (350,611) 2,079,433
Federal Funds
Information Systems 390,275 338,952 729,227
Office of Budget 427,922 (18,932) 408,990
Support Services 881,243 92,212 973,455
Restricted Receipts 301,122 (15,929) 285,193
Total - Central Management 6,695,122 48,010 6,743,132
Children's Behavioral Health Services
General Revenues
Children’s Mental Health 10,088,177 (538,465) 9,549,712
Local Coordinating Council 730,119 254,599 984,718
Federal Funds
Educational Services 1,733,352 (127,049) 1,606,303
Children’s Mental Health 8,489,226 (1,143,973) 7,345,253
Federal Funds – Stimulus 0 75 75
Rhode Island Capital Plan Funds
NAFI Center 530,000 (280,000) 250,000
Mt. Hope Building Facade 275,000 (275,000) 0
Various Repairs and Improvements 900,000 0 900,000
Old Training School Close 0 75,000 75,000
Total - Children's Behavioral Health
Services 22,745,874 (2,034,813) 20,711,061
Juvenile Correctional Services
General Revenues
Institutional Services 16,605,460 (302,147) 16,303,313
Juvenile Probation and Parole 10,132,890 (502,482) 9,630,408
RITS Education Program 3,746,798 811,074 4,557,872
Federal Funds
Institutional Services 64,000 (4,772) 59,228
Juvenile Probation and Parole 1,709,531 (503,067) 1,206,464
RITS Education Program 156,977 (23,599) 133,378
Federal Funds – Stimulus 386,667 137,903 524,570
Rhode Island Capital Plan Funds
Vocational Building – RITS 0 79,900 79,900
Total - Juvenile Correctional Services 32,802,323 (307,190) 32,495,133
Child Welfare
General Revenues
18 to 21 Year Olds 12,358,817 (1,265,581) 11,093,236
Board and Care 45,396,579 8,831,562 54,228,141
Community Services 3,177,072 (2,252,728) 924,344
Family Services 16,904,520 (3,536,489) 13,368,031
Foster Care 11,092,453 2,146,482 13,238,935
Prevention Services 2,324 3,303 5,627
Protective Services 10,069,214 3,401,588 13,470,802
Federal Funds
18 to 21 Year Olds 2,501,548 127,908 2,629,456
Board and Care 23,612,189 1,299,078 24,911,267
Community Services 3,730,450 (173,634) 3,556,816
Foster Care 5,099,091 815,706 5,914,797
Prevention Services 1,404,420 (72,432) 1,331,988
Protective Services 9,039,102 490,788 9,529,890
Federal Funds – Stimulus 0 363,696 363,696
Restricted Receipts 3,088,174 (547,985) 2,540,189
Rhode Island Capital Plan Funds
Camp E-Hun-Tee 85,000 (85,000) 0
Fire Code Upgrades 1,000,000 (500,000) 500,000
Total - Child Welfare 148,560,953 9,046,262 157,607,215
Higher Education Incentive Grants General Revenues 200,000 0 200,000
Grand Total - Children, Youth, and Families 211,004,272 6,752,269 217,756,541
Health
Central Management
General Revenues 1,352,631 (166,710) 1,185,921
Federal Funds 10,192,986 (48,975) 10,144,011
Restricted Receipts 3,511,068 (460,164) 3,050,904
Total - Central Management 15,056,685 (675,849) 14,380,836
State Medical Examiner
General Revenues 2,012,467 80,801 2,093,268
Federal Funds 237,653 (39,036) 198,617
Total - State Medical Examiner 2,250,120 41,765 2,291,885
Environmental and Health Services Regulation
General Revenues 8,511,059 14,897 8,525,956
Federal Funds 5,379,236 290,130 5,669,366
Restricted Receipts 4,375,400 (224,015) 4,151,385
Total - Environmental & Health
Services Regulation 18,265,695 81,012 18,346,707
Health Laboratories
General Revenues 6,016,806 301,763 6,318,569
Federal Funds 1,526,065 51,726 1,577,791
Federal Funds - Stimulus 257,946 154,177 412,123
Total - Health Laboratories 7,800,817 507,666 8,308,483
Public Health Information
General Revenues 1,599,404 47,065 1,646,469
Federal Funds 1,370,411 (402,062) 968,349
Federal Funds - Stimulus 541,916 14,571 556,487
Total – Public Health Information 3,511,731 (340,426) 3,171,305
Community and Family Health and Equity
General Revenues 2,623,954 (149,681) 2,474,273
Federal Funds 33,750,847 10,727,113 44,477,960
Federal Funds - Stimulus 2,878,814 3,527,895 6,406,709
Restricted Receipts 18,871,386 1,535,363 20,406,749
Safe and Active Commuting 63,400 108,600 172,000
Total – Community and Family
Health & Equity 58,188,401 15,749,290 73,937,691
Infectious Disease and Epidemiology
General Revenues 2,131,704 (378,794) 1,752,910
Federal Funds 2,868,679 399,573 3,268,252
Federal Funds – Stimulus 119,986 (4,102) 115,884
Total – Infectious Disease and Epidemiology 5,120,369 16,677 5,137,046
Grand Total – Health 110,193,818 15,380,135 125,573,953
Human Services
Central Management
General Revenues 5,683,745 (2,091) 5,681,654
Federal Funds 5,364,162 25,402 5,389,564
Restricted Receipts 499,999 21,064 521,063
Total - Central Management 11,547,906 44,375 11,592,281
Child Support Enforcement
General Revenues 2,214,781 (61,703) 2,153,078
Federal Funds 6,140,841 (145,922) 5,994,919
Total – Child Support Enforcement 8,355,622 (207,625) 8,147,997
Individual and Family Support
General Revenues 22,498,106 (62,969) 22,435,137
Federal Funds 100,790,474 (2,094,788) 98,695,686
Federal Funds - Stimulus 0 2,587,257 2,587,257
Restricted Receipts 180,000 0 180,000
Rhode Island Capital Plan Fund
Blind Vending Facilities 165,000 0 165,000
Intermodal Surface Transportation Fund 4,252,279 (28,095) 4,224,184
Total - Individual and Family Support 127,885,859 401,405 128,287,264
Veterans' Affairs
General Revenues 18,568,043 (239,718) 18,328,325
Federal Funds 8,005,072 (1,464,255) 6,540,817
Restricted Receipts 1,643,512 2,988,402 4,631,914
Total - Veterans' Affairs 28,216,627 1,284,429 29,501,056
Health Care Quality, Financing and Purchasing
General Revenues 18,551,887 (456,069) 18,095,818
Federal Funds 40,761,367 22,713,505 63,474,872
Federal Funds – Stimulus 0 519,586 519,586
Restricted Receipts 60,000 0 60,000
Total - Health Care Quality,
Financing & Purchasing 59,373,254 22,777,022 82,150,276
Medical Benefits
General Revenues
Managed Care 290,019,801 (21,083,470) 268,936,331
Hospitals 114,309,330 (5,325,714) 108,983,616
Nursing Facilities 162,645,787 1,529,693 164,175,480
Home and Community Based Services 32,834,071 1,822,019 34,656,090
Other 43,965,644 (1,063,443) 42,902,201
Pharmacy 51,048,438 (2,820,091) 48,228,347
Rhody Health 91,145,473 (3,038,955) 88,106,518
Federal Funds
Managed Care 330,298,050 (23,254,029) 307,044,021
Hospitals 126,062,520 (13,681,079) 112,381,441
Nursing Facilities 178,545,292 1,679,228 180,224,520
Home and Community Based Services 41,294,467 (3,250,557) 38,043,910
Other 62,922,375 (943,571) 61,978,804
Pharmacy 5,076,010 (5,895,706) (819,696)
Rhody Health 100,055,369 (5,761,887) 94,293,482
Special Education 20,837,655 (2,487,655) 18,350,000
Restricted Receipts 11,133,995 4,648 11,138,643
Total - Medical Benefits 1,662,194,277 (83,570,569) 1,578,623,708
Supplemental Security Income Program
General Revenues 18,000,600 598,920 18,599,520
Rhode Island Works
General Revenues
Child Care 9,668,635 0 9,668,635
Federal Funds 76,471,915 1,994,310 78,466,225
Total – Rhode Island Works 86,140,550 1,994,310 88,134,860
State Funded Programs
General Revenues
General Public Assistance 2,491,925 415,790 2,907,715
Of this appropriation, $210,000 shall be used for hardship contingency payments.
Federal Funds 299,218,512 (479,736) 298,738,776
Total - State Funded Programs 301,710,437 (63,946) 301,646,491
Elderly Affairs
General Revenues
General Revenues 9,109,749 404,553 9,514,302
RIPAE 374,000 (374,000) 0
Care and Safety of the Elderly 1,287 0 1,287
Federal Funds 17,769,466 2,308,630 20,078,096
Restricted Receipts 572,091 285,422 857,513
Total – Elderly Affairs 27,826,593 2,624,605 30,451,198
Grand Total - Human Services 2,331,251,725 (54,117,074) 2,277,134,651
Behavioral Health, Developmental Disabilities, and Hospitals
Central Management
General Revenues 829,195 (52,473) 776,722
Federal Funds 320,449 (959) 319,490
Total - Central Management 1,149,644 (53,432) 1,096,212
Hospital and Community System Support
General Revenues 2,435,629 (55,824) 2,379,805
Restricted Receipts 435,237 0 435,237
Rhode Island Capital Plan Funds
Medical Center Rehabilitation 750,000 716,466 1,466,466
Community Facilities Fire Code 750,000 15,388 765,388
Total - Hospital and Community
System Support 4,370,866 676,030 5,046,896
Services for the Developmentally Disabled
General Revenues 97,336,360 1,165,602 98,501,962
Federal Funds 110,679,602 (314,444) 110,365,158
Restricted Receipts 2,006,522 (230,505) 1,776,017
Rhode Island Capital Plan Funds
DD Private Waiver 909,832 (747,495) 162,337
Regional Center Repair/Rehabilitation 750,000 (154,068) 595,932
MR Community Facilities/Access to
Independence 1,000,000 (100,000) 900,000
Total - Services for the Developmentally
Disabled 212,682,316 (380,910) 212,301,406
Behavioral Healthcare Services
General Revenues 36,009,986 (31,072) 35,978,914
Federal Funds 71,467,483 (234,237) 71,233,246
Federal Funds – Stimulus 50,000 240,000 290,000
Restricted Receipts 90,000 35,000 125,000
Rhode Island Capital Plan Funds
MH Community Facilities Repair 300,000 116,888 416,888
MH Housing Development-Thresholds 500,000 0 500,000
MH Residence Furniture 25,000 (3,169) 21,831
Substance Abuse Asset Production 300,000 (200,000) 100,000
Total – Behavioral Healthcare Services 108,742,469 (76,590) 108,665,879
Hospital and Community Rehabilitative Services
General Revenues 47,638,399 1,810,349 49,448,748
Federal Funds 42,972,413 3,170,311 46,142,724
Restricted Receipts 5,466,220 (684,027) 4,782,193
Rhode Island Capital Plan Funds
Zambarano Buildings and Utilities 500,000 (355,484) 144,516
Hospital Consolidation 16,000,000 (15,670,000) 330,000
Eleanor Slater HVAC/Elevators 0 100,000 100,000
MR Community Facilities 1,100,000 60,446 1,160,446
BHDDH Administrative Building 500,000 (500,000) 0
Total - Hospital and Community
Rehabilitative Services 114,177,032 (12,068,405) 102,108,627
Grand Total – Behavioral Health, Developmental
Disabilities, and Hospitals 441,122,327 (11,903,307) 429,219,020
Office of the Child Advocate
General Revenues 603,384 (114,550) 488,834
Federal Funds 49,048 733 49,781
Grand Total – Office of the Child Advocate 652,432 (113,817) 538,615
Commission on the Deaf and Hard of Hearing
General Revenues 387,985 (1,699) 386,286
Governor's Commission on Disabilities
General Revenues 388,786 (857) 387,929
Federal Funds 181,842 (59,394) 122,448
Restricted Receipts 9,264 2,096 11,360
Rhode Island Capital Plan Funds
Facility Renovation – Handicapped 250,000 0 250,000
Grand Total - Governor's Commission on
Disabilities 829,892 (58,155) 771,737
Office of the Mental Health Advocate
General Revenues 468,718 (75,546) 393,172
Elementary and Secondary Education
Administration of the Comprehensive Education Strategy
General Revenues 17,184,938 2,200,806 19,385,744
Federal Funds 191,187,703 (340,838) 190,846,865
Federal Funds – Stimulus 21,536,413 2,645,286 24,181,699
Education Jobs Fund 5,248,761 10,428,287 15,677,048
RTTT LEA Share 12,850,155 1,724,460 14,574,615
Restricted Receipts 1,111,416 1,010 1,112,426
HRIC Adult Education Grants 5,795,000 (2,295,000) 3,500,000
Statewide Transportation – RIPTA Grant 0 47,000 47,000
Rhode Island Capital Plan Funds
Chariho Career and Technical 400,000 0 400,000
Cranston Career and Technical 890,000 (828,000) 62,000
Newport Career and Technical 800,000 142,962 942,962
Warwick Career and Technical 200,000 258,036 458,036
Woonsocket Career and Technical 475,788 0 475,788
East Providence Career and Technical 150,000 697,834 847,834
Total – Administration of the Comprehensive
Education Strategy 257,830,174 14,681,843 272,512,017
Davies Career and Technical School
General Revenues 13,416,256 0 13,416,256
Federal Funds 1,439,216 (14,091) 1,425,125
Federal Funds – Stimulus 1,003,933 184,292 1,188,225
Restricted Receipts 685,495 280,000 965,495
Rhode Island Capital Plan Funds
Davies Roof Repair 387,275 1,136,440 1,523,715
Davies HVAC 414,628 3,597 418,225
Davies Asset Protection 425,000 23,421 448,421
Total - Davies Career and Technical School 17,771,803 1,613,659 19,385,462
RI School for the Deaf
General Revenues 5,889,334 (21,456) 5,867,878
Federal Funds 275,393 119,384 394,777
Federal Funds – Stimulus 0 409,501 409,501
Restricted Receipts 651,482 (142,320) 509,162
Total - RI School for the Deaf 6,816,209 365,109 7,181,318
Metropolitan Career and Technical School
General Revenues 11,642,563 0 11,642,563
Rhode Island Capital Plan Funds
MET School East Bay 2,000,000 507,278 2,507,278
Total – Metropolitan Career and
Technical School 13,642,563 507,278 14,149,841
Education Aid
General Revenues 621,639,790 25,698 621,665,488
Federal Funds – Stimulus 3,515,045 (1,051,117) 2,463,928
Restricted Receipts 18,091,028 548,325 18,639,353
Permanent School Fund – Education Aid 0 183,624 183,624
Total – Education Aid 643,245,863 (293,470) 642,952,393
Central Falls School District
General Revenues 39,161,820 0 39,161,820
Federal Funds – Stimulus 1,089,396 (1,089,396) 0
Permanent School Fund – Central Falls 183,624 (183,624) 0
Total – Central Falls School District 40,434,840 (1,273,020) 39,161,820
Housing Aid General Revenues 72,507,180 (2,858,858) 69,648,322
Teachers' Retirement General Revenues 81,635,719 2,477,488 84,113,207
Grand Total - Elementary and Secondary
Education 1,133,884,351 15,220,029 1,149,104,380
Public Higher Education
Board of Governors/Office of Higher Education
General Revenues 6,141,012 (7,774) 6,133,238
Federal Funds 4,588,294 703,480 5,291,774
Total - Board of Governors/Office of
Higher Education 10,729,306 695,706 11,425,012
University of Rhode Island
General Revenues 57,773,316 (134,880) 57,638,436
State Crime Lab 775,000 71,885 846,885
Debt Service 15,164,218 931,528 16,095,746
Stabilization Funds – Fire Safety 0 7,192,682 7,192,682
Federal Funds- Stimulus Byrne Grant Crime Lab 6,462 (6,462) 0
University and College Funds 586,841,049 3,717,536 590,558,585
Debt – Dining Services 1,144,008 0 1,144,008
Debt – Education and General 3,292,622 (29,673) 3,262,949
Debt – Health Services 150,299 0 150,299
Debt – Housing Loan Funds 8,462,539 0 8,462,539
Debt – Memorial Union 121,827 0 121,827
Debt – Ryan Center 2,800,626 0 2,800,626
Debt – Alton Jones Services 115,886 0 115,886
Debt - Parking Authority 1,018,369 0 1,018,369
Debt – Sponsored Research 102,388 0 102,388
Debt – URI Energy Conservation 1,932,338 0 1,932,338
Rhode Island Capital Plan Funds
Asset Protection 7,042,364 0 7,042,364
New Chemistry Building 1,000,000 377,872 1,377,872
Nursing and Assoc. Health Building 0 18,967 18,967
URI Biotechnology Center 4,500,000 279,834 4,779,834
Fine Arts Center Renovation 400,000 0 400,000
Total – University of Rhode Island 692,643,311 12,419,289 705,062,600
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or unencumbered balances as of June 30, 2012 relating to the University of Rhode Island are hereby reappropriated to fiscal year 2013.
Rhode Island College
General Revenues 38,359,719 (120,112) 38,239,607
Debt Service 1,978,374 (1,437,055) 541,319
Stabilization Funds – Fire Safety 0 7,029,104 7,029,104
University and College Funds 107,550,237 3,354,270 110,904,507
Debt – Education and General 890,878 0 890,878
Debt – Housing 413,346 1,623,984 2,037,330
Debt – Student Center and Dining 172,960 0 172,960
Debt – Student Union 231,531 0 231,531
Debt – G.O. Debt Service 1,623,984 1,615,685 3,239,669
Rhode Island Capital Plan Funds
Asset Protection 3,011,160 1,553,374 4,564,534
New Art Center Advanced 1,300,000 363,978 1,663,978
Total – Rhode Island College 155,532,189 13,983,228 169,515,417
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or unencumbered balances as of June 30, 2012 relating to Rhode Island College are hereby reappropriated to fiscal year 2013.
Community College of Rhode Island
General Revenues 44,619,462 (136,805) 44,482,657
Debt Service 1,676,118 0 1,676,118
Stabilization Funds – Fire Safety 0 4,993,701 4,993,701
Restricted Receipts 941,338 (123,991) 817,347
University and College Funds 88,671,187 1,205,456 89,876,643
Debt – Bookstore 24,830 0 24,830
CCRI Debt Service – Energy Conservation 0 557,644 557,644
Rhode Island Capital Plan Funds
Asset Protection 2,007,101 55,039 2,062,140
Fire Code and HVAC 0 749,065 749,065
Total – Community College of RI 137,940,036 7,300,109 145,240,145
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or unencumbered balances as of June 30, 2012 relating to the Community College of Rhode Island are hereby reappropriated to fiscal year 2013.
Grand Total – Public Higher Education 996,844,842 34,398,332 1,031,243,174
RI State Council on the Arts
General Revenues
Operating Support 716,635 (7,616) 709,019
Grants 962,227 (6,412) 955,815
Federal Funds 973,064 6,509 979,573
Arts for Public Facilities 435,000 783,000 1,218,000
Grand Total - RI State Council on the Arts 3,086,926 775,481 3,862,407
RI Atomic Energy Commission
General Revenues 879,592 (2,133) 877,459
Federal Funds 324,104 (140,352) 183,752
URI Sponsored Research 257,830 12,860 270,690
Rhode Island Capital Plan Funds
RINSC Asset Protection 50,000 12,486 62,486
Grand Total - RI Atomic Energy Commission 1,511,526 (117,139) 1,394,387
RI Higher Education Assistance Authority
General Revenues
Needs Based Grants and Work Opportunities 5,014,003 253,864 5,267,867
Authority Operations and Other Grants 899,101 (255,170) 643,931
Federal Funds 13,508,323 (473,604) 13,034,719
Tuition Savings Pgm. – Needs Based Grants 7,990,720 983,453 8,974,173
Grand Total – RI Higher Education Assistance
Authority 27,412,147 508,543 27,920,690
RI Historical Preservation and Heritage Commission
General Revenues 1,469,797 (131,942) 1,337,855
Federal Funds 846,195 27,661 873,856
Restricted Receipts 478,181 (21,004) 457,177
Other Funds 75,000 0 75,000
Grand Total – RI Historical Preservation
and Heritage Commission 2,869,173 (125,285) 2,743,888
RI Public Telecommunications Authority
General Revenues 947,960 (19,539) 928,421
Corporation for Public Broadcasting 683,212 (47,297) 635,915
Grand Total – RI Public Telecommunications
Authority 1,631,172 (66,836) 1,564,336
Attorney General
Criminal
General Revenues 13,739,364 (158,938) 13,580,426
Federal Funds 2,870,904 (309,233) 2,561,671
Federal Funds – Stimulus 0 253,281 253,281
Restricted Receipts 398,888 (20,862) 378,026
Total – Criminal 17,009,156 (235,752) 16,773,404
Civil
General Revenues 4,692,836 173,421 4,866,257
Restricted Receipts 723,347 246,027 969,374
Total – Civil 5,416,183 419,448 5,835,631
Bureau of Criminal Identification
General Revenues 1,101,532 76,472 1,178,004
Federal Funds 25,040 66,190 91,230
Total - Bureau of Criminal Identification 1,126,572 142,662 1,269,234
General
General Revenues 2,909,135 (279,005) 2,630,130
Rhode Island Capital Plan Funds
Building Renovations and Repairs 250,000 (30,000) 220,000
Total – General 3,159,135 (309,005) 2,850,130
Grand Total - Attorney General 26,711,046 17,353 26,728,399
Corrections
Central Management
General Revenues 8,596,603 68,653 8,665,256
Federal Funds 0 27,368 27,368
Federal Funds – Stimulus 0 105,529 105,529
Total – Central Management 8,596,603 201,550 8,798,153
Parole Board
General Revenues 1,365,771 (60,497) 1,305,274
Federal Funds 36,850 (791) 36,059
Total - Parole Board 1,402,621 (61,288) 1,341,333
Institutional Corrections
General Revenues 157,573,034 3,876,791 161,449,825
Federal Funds 1,911,173 120,879 2,032,052
Federal Funds – Stimulus 408,000 38,310 446,310
Restricted Receipts 0 69,203 69,203
Rhode Island Capital Plan Funds
Women's Bathroom Renovations 410,800 6,929 417,729
Asset Protection 4,250,000 (2,029,094) 2,220,906
Maximum – General Renovations 625,000 (255,520) 369,480
General Renovations - Women 1,774,517 (982,712) 791,805
Bernadette Guay Roof 0 214,335 214,335
Reintegration Center 0 533,027 533,027
ISC Exterior Envelope and HVAC 1,400,000 (1,400,000) 0
Minimum Security Kitchen Expansion 325,000 (215,600) 109,400
Medium Infrastructure 1,500,000 (1,500,000) 0
Total - Institutional Corrections 170,177,524 (1,523,452) 168,654,072
Community Corrections
General Revenues 14,605,957 (27,005) 14,578,952
Federal Funds 558,522 (1,433) 557,089
Restricted Receipts 34,371 762 35,133
Total – Community Corrections 15,198,850 (27,676) 15,171,174
Grand Total – Corrections 195,375,598 (1,410,866) 193,964,732
Judiciary
Supreme Court
General Revenues 26,325,441 (122,220) 26,203,221
Defense of Indigents 3,562,240 (19,682) 3,542,558
Federal Funds 341,723 160,195 501,918
Federal Funds – Stimulus 0 16,639 16,639
Restricted Receipts 1,359,947 100,136 1,460,083
Rhode Island Capital Plan Funds
Judicial HVAC 500,000 6,953 506,953
Judicial Complexes Asset Protection 600,000 14,130 614,130
Total - Supreme Court 32,689,351 156,151 32,845,502
Judicial Tenure and Discipline General Revenues 111,282 (5,752) 105,530
Superior Court
General Revenues 20,865,210 495,028 21,360,238
Federal Funds 72,985 92,037 165,022
Restricted Receipts 498,996 9,515 508,511
Total - Superior Court 21,437,191 596,580 22,033,771
Family Court
General Revenues 17,533,090 (385,235) 17,147,855
Federal Funds 2,974,141 (635,209) 2,338,932
Federal Funds – Stimulus 57,611 (57,611) 0
Restricted Receipts 252,350 429,543 681,893
Total - Family Court 20,817,192 (648,512) 20,168,680
District Court
General Revenues 10,924,545 383,879 11,308,424
Federal Funds 130,128 0 130,128
Restricted Receipts 332,092 (48,788) 283,304
Total - District Court 11,386,765 335,091 11,721,856
Traffic Tribunal General Revenues 7,752,175 439,898 8,192,073
Workers' Compensation Court Restricted Receipts 7,754,978 (58,814) 7,696,164
Grand Total – Judiciary 101,948,934 814,642 102,763,576
Military Staff
National Guard
General Revenues 1,446,301 (32,578) 1,413,723
Federal Funds 11,675,448 (59,458) 11,615,990
Restricted Receipts 235,000 65,000 300,000
Rhode Island Capital Plan Funds
Armory of Mounted Command Roof
Replacement 750,000 (406,518) 343,482
State Armories Fire Code Compliance 170,000 0 170,000
Federal Armories Fire Code Compliance 53,750 0 53,750
Asset Protection 400,000 0 400,000
Logistics/Maintenance Facilities Fire Code Comp. 71,813 (21,813) 50,000
FMS #3 Roof 0 15,000 15,000
Command Readiness Center Addition 50,000 0 50,000
Emergency Management Building 125,000 (125,000) 0
Total - National Guard 14,977,312 (565,367) 14,411,945
Emergency Management
General Revenues 2,024,627 148,522 2,173,149
Federal Funds 17,742,990 13,502,095 31,245,085
Restricted Receipts 374,311 (204,281) 170,030
Total - Emergency Management 20,141,928 13,446,336 33,588,264
Grand Total - Military Staff 35,119,240 12,880,969 48,000,209
Public Safety
Central Management
General Revenues 780,113 283,723 1,063,836
Federal Funds 4,122,042 (28,643) 4,093,399
Federal Funds – Stimulus 266,476 523,204 789,680
Restricted Receipts 850 0 850
Total – Central Management 5,169,481 778,284 5,947,765
E-911 Emergency Telephone System
General Revenues 4,772,358 158,528 4,930,886
Federal Funds 0 150,000 150,000
Total – E-911 Emergency Telephone System 4,772,358 308,528 5,080,886
State Fire Marshal
General Revenues 2,568,574 74,640 2,643,214
Federal Funds 450,050 340,601 790,651
Restricted Receipts 280,899 (31,662) 249,237
Rhode Island Capital Plan Funds
Fire Academy 1,325,000 (1,325,000) 0
Quonset Development Corp 64,261 (12,004) 52,257
Total - State Fire Marshal 4,688,784 (953,425) 3,735,359
Security Services General Revenues 19,963,594 (199,948) 19,763,646
Municipal Police Training Academy
General Revenues 352,118 646 352,764
Federal Funds 221,319 432 221,751
Federal Funds – Stimulus 86,061 2,190 88,251
Total - Municipal Police Training Academy 659,498 3,268 662,766
State Police
General Revenues 60,970,954 1,844,527 62,815,481
Federal Funds 2,356,399 596,356 2,952,755
Federal Funds – Stimulus 145,641 13,653 159,294
Restricted Receipts 54,000 296,000 350,000
Rhode Island Capital Plan Funds
Barracks and Training 1,025,000 (925,000) 100,000
State Police - New Headquarters 0 51,787 51,787
Headquarters Repairs/Rehabilitation 200,000 (85,000) 115,000
State Microwave Upgrade 1,000,000 (312,062) 687,938
HQ Expansion 300,000 (250,000) 50,000
State Police Offsite Operations 0 131,974 131,974
Traffic Enforcement - Municipal Training 133,842 67,253 201,095
Lottery Commission Assistance 232,363 (759) 231,604
Airport Corporation 232,363 (759) 231,604
Road Construction Reimbursement 2,546,100 508,900 3,055,000
Total - State Police 69,196,662 1,936,870 71,133,532
Grand Total – Public Safety 104,450,377 1,873,577 106,323,954
Office of Public Defender
General Revenues 10,300,580 (12,366) 10,288,214
Federal Funds 575,478 (51,120) 524,358
Federal Funds – Stimulus 883 (883) 0
Grand Total - Office of Public Defender 10,876,941 (64,369) 10,812,572
Environmental Management
Office of the Director
General Revenues 4,775,428 (173,508) 4,601,920
Federal Funds 476,300 22,200 498,500
Federal Funds – Stimulus 0 1,650,000 1,650,000
Restricted Receipts 2,833,219 151,725 2,984,944
Total – Office of the Director 8,084,947 1,650,417 9,735,364
Natural Resources
General Revenues 18,508,312 187,199 18,695,511
Federal Funds 24,455,444 1,281,992 25,737,436
Restricted Receipts 3,779,269 (366,421) 3,412,848
DOT Recreational Projects 80,672 350,814 431,486
Blackstone Bike Path Design 36,270 2,027,458 2,063,728
Transportation MOU 82,172 (892) 81,280
Rhode Island Capital Plan Funds
Dam Repair 850,000 (250,000) 600,000
Recreational Facilities Improvements 1,750,000 1,228,642 2,978,642
Fort Adams Rehabilitation 1,500,000 (1,021,176) 478,824
Fort Adams America’s Cup 0 1,250,000 1,250,000
Galilee Piers Upgrade 950,000 (940,000) 10,000
Newport Piers 250,000 (175,000) 75,000
Blackstone Valley Bike Path 500,000 (100,000) 400,000
World War II Facility 0 400,000 400,000
Total - Natural Resources 52,742,139 3,872,616 56,614,755
Environmental Protection
General Revenues 12,099,861 188,488 12,288,349
Federal Funds 12,576,798 713,323 13,290,121
Federal Funds – Stimulus 848,000 1,304,132 2,152,132
Restricted Receipts 7,518,547 (233,820) 7,284,727
Transportation MOU 90,107 (137) 89,970
Retrofit Heavy-Duty Diesel Vehicles 3,560,000 (800,000) 2,760,000
Total - Environmental Protection 36,693,313 1,171,986 37,865,299
Grand Total - Environmental
Management 97,520,399 6,695,019 104,215,418
Coastal Resources Management Council
General Revenues 2,236,814 2,333 2,239,147
Federal Funds 1,837,361 558,201 2,395,562
Federal Funds – Stimulus 201,100 1,969,540 2,170,640
Restricted Receipts 250,000 0 250,000
Rhode Island Capital Plan Funds
South Coast Restoration Project 729,100 (62,782) 666,318
Grand Total - Coastal Resources
Management. Council 5,254,375 2,467,292 7,721,667
Transportation
Central Management
Federal Funds 11,394,390 (1,878,912) 9,515,478
Other Funds
Gasoline Tax 1,108,923 172,775 1,281,698
Total - Central Management 12,503,313 (1,706,137) 10,797,176
Management and Budget
Other Funds
Gasoline Tax 1,176,686 334,293 1,510,979
Total - Management and Budget 1,176,686 334,293 1,510,979
Infrastructure Engineering- GARVEE/Motor Fuel Tax Bonds
Federal Funds 291,594,814 25,964,209 317,559,023
Federal Funds – Stimulus 7,006,375 4,376,302 11,382,677
Restricted Receipts 1,000,000 1,698,891 2,698,891
Other Funds
Gasoline Tax 52,273,807 1,523,149 53,796,956
Motor Fuel Tax Residuals 0 2,980,993 2,980,993
Land Sale Revenue 16,603,398 (14,608,249) 1,995,149
Rhode Island Capital Funds
RIPTA - Land and Buildings 70,000 0 70,000
Pawtucket-Central Falls Train Station 0 40,267 40,267
Total - Infrastructure Engineering – GARVEE/Motor
Fuel Tax Bonds 368,548,394 21,975,562 390,523,956
Infrastructure Maintenance
Other Funds
Gasoline Tax 41,451,540 (5,619,333) 35,832,207
Non-Land Surplus Property 10,000 0 10,000
Outdoor Advertising 100,000 0 100,000
Rhode Island Capital Plan Funds
Cherry Hill/Lincoln Facility 337,000 0 337,000
Maintenance Facility Improvements 300,000 632,112 932,112
East Providence Facility 0 23,103 23,103
Maintenance Facilities – Fire Alarms 125,000 75,000 200,000
Portsmouth Facility 1,435,000 (1,435,000) 0
Salt Storage Facilities 1,000,000 385,937 1,385,937
Elmwood Expansion 0 159,018 159,018
Total - Infrastructure Maintenance 44,758,540 (5,779,163) 38,979,377
Grand Total – Transportation 426,986,933 14,824,555 441,811,488
Statewide Totals
General Revenues 3,142,501,188 (3,215,653) 3,139,285,535
Federal Funds 2,606,487,980 231,070,028 2,837,558,008
Restricted Receipts 189,639,221 39,741,997 229,381,218
Other Funds 1,763,594,386 149,214,159 1,912,808,545
Statewide Grand Total 7,702,222,775 416,810,531 8,119,033,306
SECTION 2. Each line appearing in Section 1 of this article shall constitute an appropriation.
SECTION 3. The general assembly authorizes the state controller to establish the internal service accounts shown below, and no other, to finance and account for the operations of state agencies that provide services to other agencies, institutions and other governmental units on a cost reimbursed basis. The purpose of these accounts is to ensure that certain activities are managed in a businesslike manner, promote efficient use of services by making agencies pay the full costs associated with providing the services, and allocate the costs of central administrative services across all fund types, so that federal and other non-general fund programs share in the costs of general government support. The controller is authorized to reimburse these accounts for the cost of work or services performed for any other department or agency subject to the following expenditure limitations:
FY 2012 FY 2012 FY 2012
Account Enacted Change Final
State Assessed Fringe Benefit Internal Service Fund 31,054,962 328,517 31,383,479
Administration Central Utilities Internal Service Fund 20,244,491 (57,299) 20,187,192
State Central Mail Internal Service Fund 5,585,439 8,624 5,594,063
State Telecommunications Internal Service Fund 2,882,141 (11,785) 2,870,356
State Automotive Fleet - Internal Service Fund 13,926,504 14,750 13,941,254
Capital Police Internal Service Fund 739,072 11,395 750,467
Surplus Property Internal Service Fund 2,500 0 2,500
Health Insurance Internal Service Fund 306,399,745 (2,168,141) 304,231,604
Health Insurance - State Police Internal Service Fund 0 2,123,495 2,123,495
Central Distribution Center Internal Service Fund 6,804,849 629,840 7,434,689
Correctional Industries Internal Service Fund 7,285,903 (161,616) 7,124,287
Secretary of State Record Center Internal Service Fund 866,270 (13,903) 852,367
SECTION 4. Departments and agencies listed below may not exceed the number of full-time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do not include seasonal or intermittent positions whose scheduled period of employment does not exceed twenty-six consecutive weeks or whose scheduled hours do not exceed nine hundred and twenty-five (925) hours, excluding overtime, in a one-year period. Nor do they include individuals engaged in training, the completion of which is a prerequisite of employment. Provided, however, that the Governor or designee, Speaker of the House of Representatives or designee, and President of the Senate or designee may authorize an adjustment to any limitation. Prior to the authorization, the State Budget Officer shall make a detailed written recommendation to the Governor, the Speaker of the House, and the President of the Senate. A copy of the recommendation and authorization to adjust shall be transmitted to the chairperson of the House Finance Committee, the chairperson of the Senate Finance Committee, the House Fiscal Advisor and the Senate Fiscal Advisor.
No agency or department may employ contracted employees or employee services where contract employees would work under state employee supervisors without determination of need by the Director of Administration acting upon positive recommendations of the Budget Officer and the Personnel Administrator and 15 days after a public hearing.
Nor may any agency or department contract for services replacing work done by state employees at that time without determination of need by the Director of Administration acting upon the positive recommendations of the Budget Officer and the Personnel Administrator and 30 days after a public hearing.
State employees whose funding is from non-state general revenue funds that are time limited shall receive limited term appointment with the term limited to the availability of non-state general revenue funding source.
FY 2012 FTE POSITION AUTHORIZATION
Departments and Agencies Full-Time Equivalent
Administration 694.6 694.2
Business Regulation 96.0
Labor and Training 470.2 470.1
Revenue 434.5 449.0
Legislature 298.5
Office of the Lieutenant Governor 8.0
Office of the Secretary of State 57.0
Office of the General Treasurer 82.0
Board of Elections 12.0 11.0
Rhode Island Ethics Commission 12.0
Office of the Governor 45.0
Commission for Human Rights 14.5
Public Utilities Commission 46.0
Office of Health and Human Services 149.0 158.0
Children, Youth, and Families 662.5
Health 426.3 422.3
Human Services 984.2 949.2
Behavioral Health, Developmental
Disabilities, and Hospitals 1,378.2 1,383.2
Office of the Child Advocate 5.8
Commission on the Deaf and Hard of Hearing 3.0
Governor's Commission on Disabilities 4.0
Office of the Mental Health Advocate 3.7
Elementary and Secondary Education 156.4 169.4
School for the Deaf 60.0
Davies Career and Technical School 132.0 126.0
Office of Higher Education 14.4 14.8
Provided that 1.0 of the total authorization would be available only for positions that are supported by third-party funds.
University of Rhode Island 2,436.5
Provided that 593.2 of the total authorization would be available only for positions that are supported by third-party funds.
Rhode Island College 909.6
Provided that 82.0 of the total authorization would be available only for positions that are supported by third-party funds.
Community College of Rhode Island 854.1
Provided that 100.0 of the total authorization would be available only for positions that are supported by third-party funds.
Rhode Island State Council on the Arts 8.6
RI Atomic Energy Commission 8.6
Higher Education Assistance Authority 41.6
Historical Preservation and Heritage Commission 16.6
Public Telecommunications Authority 15.0
Office of the Attorney General 231.1 233.1
Corrections 1,419.0
Judicial 723.3
Military Staff 117.0 113.0
Public Safety 605.8 606.2
Office of the Public Defender 93.0 92.0
Environmental Management 410.0
Coastal Resources Management Council 30.0
Transportation 772.6
Total 14,942.2 14,935.0
SECTION 5. This article shall take effect upon passage.
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art.011/3/019/2/032/1
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ARTICLE 11 AS AMENDED
RELATING TO MEDICAL ASSISTANCE RECOVERIES
SECTION 1. Title 27 of the General Laws entitled “INSURANCE” is hereby amended by adding thereto the following chapter:
CHAPTER 57.1
MEDICAL ASSISTANCE INTERCEPT ACT
27-57.1-1. Interception of insurance payments.-- (a) Every domestic insurer or insurance company authorized to issue policies of liability insurance pursuant to this title, and also any workers' compensation insurer, within thirty (30) days prior to the making of any payment equal to or in excess of five hundred dollars ($500) to any claimant, for third party for personal injury or workers' compensation benefits under a contract of insurance, shall review information provided by the executive office of health and human services pursuant to section 27-57.1-4, indicating whether the claimant has received medical assistance in accordance with chapter 40-8.
(b) If the insurer determines from the information provided by the executive office of health and human services pursuant to section 27-57.1-4 that the claimant or payee has not received medical assistance, the insurer may make the payment to the claimant in accordance with the contract of the insurance.
(c) If the insurer determines from the information provided by the executive office of health and human services pursuant to section 27-57.1-4 that the claimant or payee has received medical assistance, the insurer shall, except to the extent payments are subject to liens, written notices, or interests described in section 27-57.1-3, withhold from payment the amount to the extent of the distribution for medical assistance as a result of the accident or loss, dating back to the date of the incident, pay that amount to the executive office of health and human services and pay the balance to the claimant or other persons entitled to it. The executive office of health and human services shall provide written notice to the claimant and his or her attorney, if any. The notice shall reflect the date, name, social security number, case number, amount of the payment being withheld to reimburse the state, reason for payment and opportunity to request a hearing as provided for in subsection 27-57.1-1(e). Any insurer or insurance company, its directors, agents, and employees and central reporting organizations and their respective employees authorized by an insurer to act on its behalf that releases information in accordance with the provisions of this chapter, or who withholds an amount from payment based upon the latest information supplied by the executive office of health and human services pursuant to section 27-57.1-4 and disburses in accordance with section 27-57.1-3, shall be immune from any liability to the claimant, payee lien holder, payee who provided written notice, or security interest holder. Any withholding from payments in accordance with this chapter and payment made to the executive office of health and human services is further subject to the provisions of section 40-6-9, regarding rights of assignment and subrogation by medical assistance recipients. Said payments to the executive office of health and human services shall be for reimbursement of distributed medical assistance incurred as a result of the accident or loss, dating back to the date of the incident.
(d) Workers’ compensation claimants who receive medical assistance, provided in accordance with chapter 40-8, shall be subject to the provisions of this chapter. However, the workers’ compensation reimbursement payments made to the executive office of health and human services in accordance with this chapter shall be limited to that set forth in chapter 28-33 and section 40-6-10.
(e) Any claimant aggrieved by any action taken under this section may within thirty (30) days of the mailing of the notice to the claimant in subsection (c) of this section, request a hearing from the executive office of health and human services. Any payments made by an insurer pursuant to this chapter shall be made to the executive office of health and human services, should there be no request for a hearing within thirty (30) days of receipt of notice, or within ten (10) business days of a decision after a hearing and in accordance with the decision of any hearing that takes place as provided for in this subsection.
27-57.1-1.2. Notice of interception of insurance settlements.-- In any case where the executive office of health and human services has intercepted an insurance payment, that office shall notify the recipient.
27-57.1-3. Certain liens not affected. -- Nothing in this chapter affects the validity or priority of liens or written notices of health care providers, attorney fees, holders of security interests, or the assignment of rights under section 40-6-9 or section 40-6-10. Funds subject to liens, written notices, or security interests shall be paid to the lien or interest holder. Funds available to be paid pursuant to chapter 27-57 for the payment of child support shall supersede any payment made pursuant to this chapter.
27-57.1-4. Information to be provided by the executive office of health and human services.-- (a) The executive office of health and human services shall periodically within each year furnish the insurance companies and insurers subject to this section with a list or compilation of claimants, who have received medical assistance, as a result of the accident or loss which is the basis of the claim and who have been identified and matched through the centralized database provided for in this chapter. The information provided to the insurance companies and insurers shall be the names of individuals, with last known addresses, who as of the date of the list or compilation have received medical assistance in excess of five hundred dollars ($500).
(b) In order to facilitate the efficient and prompt reporting of those medical assistance recipients in one centralized location, it is the duty and responsibility of the insurance companies doing business in the state to utilize one centralized database, to which the executive office of health and human services shall report and administer. Any insurer receiving information identifying an individual as a medical assistance recipient shall maintain the confidentiality of that information. Minimal data elements shall be shared with an agency contracted by the executive office of health and human services which maintains a centralized database of insurance claims. The contracted centralized database is required to keep confidential any personal and personnel information; records sufficient to identify an applicant for or recipient of medical assistance; preliminary drafts, notes, impressions, memoranda, working papers, and work products; as well as any other records, reports, opinions, information, and statements deemed confidential pursuant to state or federal law or regulation, or rule of court. That data shall not be disclosed to the insurer. Matched results are returned to the executive office of health and human services through its contracted agency. Proper quality assurance shall be performed by the contracted agency to insure the claim is open and collect additional information from the insurer including but not limited to contact information.
SECTION 2. Sections 27-57-1, 27-57-2 and 27-57-4 of the General Laws in Chapter 27-57 entitled "Child Support Intercept Act" are hereby amended to read as follows:
27-57-1. Interception
of insurance payments. -- (a) Every domestic insurer or insurance
company authorized to issue policies of liability insurance pursuant to this
title, and also any workers' compensation insurer, shall, within thirty (30)
days prior to the making of any payment equal to or in excess of three thousand dollars ($3,000) five hundred dollars ($500) to any claimant who
is a resident of the state of Rhode Island or to any claimant who has an
accident or loss that occurred in the state of Rhode Island, for third party for personal injury or workers' compensation
benefits under a contract of insurance, review information provided by the
department of administration, division of taxation,
human service, office of child support services,
child support enforcement pursuant to section 27-57-4 indicating whether the
claimant owes past-due child support.
(b) If the insurer determines from the information provided by the department pursuant to section 27-57-4 that the claimant or payee does not owe past-due support, the insurer may make the payment to the claimant in accordance with the contract of the insurance.
(c) If the insurer determines from the information provided by
the department pursuant to section 27-57-4 that the claimant or payee owes
past-due child support, the insurer shall, except to the extent payments are
subject to liens, written notices, or interests described in section 27-57-3,
withhold from payment the amount of past-due support and pay that amount to the
family court which shall credit the person's child support obligation account
for the amount so paid, and the insurer shall pay the balance to the claimant
or other person entitled to it; provided, that the
. The insurer or insurance company shall
provide written notice by regular mail to
the claimant and his or her attorney, if any, and notice by e-mail or other
electronic means, to the department of the payment to the family court. The
payment shall be deposited in the registry of the family court for a period of
forty-five (45) days, or if an
application for review has been filed pursuant to subsection (d), until further order of the court. The notice
shall reflect the date, name, social security number, case number, and amount
of the payment. Any insurer or insurance company, its directors, agents, and
employees and central reporting organizations and their respective employees, authorized by an insurer to act on its behalf, who release information in accordance with the
provisions of this chapter, or who withhold amounts from payment based upon the
latest information supplied by the department pursuant to section 27-57-4 and
makes disbursements in accordance with section 27-57-3, shall be in compliance
and shall be immune from any liability to the claimant, payee lienholder, payee
who provided written notice, or security interest holder for taking that
action.
(d) Any claimant aggrieved by any action taken under this section
may within thirty (30) days of the making of the notice to the claimant in
subsection (c) of this section, seek judicial review in the family court, which
may, in its discretion, issue a temporary order prohibiting the
disbursement of funds under this section, pending final adjudication.
27-57-2. Notice
provided to obligors of interception of insurance settlements. -- In any
case where the department of administration,
division of taxation human services,
office of child support services, child support enforcement unit has
intercepted an insurance payment, the department shall notify the obligor
parent of this action upon crediting the obligor's account.
27-57-4. Information to be provided by the department of
administration, division of taxation, child support enforcement
Information to be provided by the department of human services, office of child
support services, child support enforcement. -- (a) The department shall
periodically within each year furnish the insurance companies and insurers
subject to this section with a list or compilation of names of individuals,
with last known addresses, who as of the date of the list or compilation owe
past due support in excess of five hundred dollars ($500) as shown on the Rhode
Island family court/department of administration,
division of taxation, child support enforcement human services, office of child support services,
child support enforcement computer system ("CSE system"). For the
purposes of this section, the terms used in this section have the meaning and
definitions specified in section15-16-2.
(b) In order to facilitate the efficient and prompt reporting of those arrearages in one centralized location, it is the duty and responsibility of the insurance companies doing business in the state to utilize one centralized database to which the department shall report and administer.
SECTION 3. Section 28-33-27 of the General Laws in Chapter 28-33 entitled "Workers' Compensation - Benefits" is hereby amended to read as follows:
28-33-27. Immunity of claims from assignment or liability for debt. -- (a) No claims or payments due for compensation under chapters 29 -- 38 of this title or under any alternative scheme permitted by sections 28-29-22 -- 28-29-24 shall be assignable, or subject to attachment, or liable in any way for any debts, except as set forth in subsection (b) of this section.
(b) A lien in favor of the department of labor and training and/or the department of
human services executive office of
health and human services shall attach by operation of law to any
benefits due and payable under chapters 29 -- 38 of this title, or under any
alternative scheme by sections 28-29-22 -- 28-29-24, to the extent that those
payments have been made by the department of labor and training and/or the department
of human services executive office of
health and human services to or on behalf of an injured employee or
his or her dependents, but only to the extent that the employee would be
entitled to receive benefits under the provision of these chapters. Any such lien is subject to the provisions of section
40-6-10.
SECTION 4. Sections 40-6-9 and 40-6-10 of the General Laws in Chapter 40-6 entitled "Public Assistance Act" are hereby amended to read as follows:
40-6-9. Assignment of child, spousal and medical support rights
Assignment and subrogation for recovery of child, spousal and medical support
rights. -- (a) An applicant for or recipient of public assistance under
this chapter or under title XIX of the federal Social Security Act, 42 U.S.C.
section 1396 et seq., for and on behalf of himself or herself and for and on
behalf of a child or children, shall be deemed, without the necessity of
signing any document for purposes of recovery,
to have made an assignment and given a right of
subrogation to the executive office of
health and human services and/or the department of human services, as applicable, of any and all rights and
interests in any cause of action, past, present, or future, that the applicant
or recipient may have against any person failing to or obligated to provide for
the support, maintenance, and medical care of the applicant, recipient, and/or
minor child or children, for the period of time that assistance is being paid
by the executive office of health and human
services and/or the department;. The executive
office of health and human services and/or the department shall be
subrogated to any and all rights, title, and interest the applicant or
recipient may have against any and all property belonging to the obligated or
non-supporting person in the enforcement of any claim for child, spousal, and
medical support, whether liquidated through court order or not. The applicant
or recipient shall also be deemed, without the necessity of signing any
document, to have appointed the executive office of
health and human services and/or the department of human services as
his or her true and lawful attorney in fact to act in his or her name, place,
and stead to perform the specific act of instituting suit to establish
paternity or secure support and medical care, collecting any and all amounts
due and owing for child, spousal, and medical support, endorsing any and all
drafts, checks, money orders, or other negotiable instruments representing
support payments which are received by executive
office of health and human services and/or the department, and
retaining any portion thereof permitted under federal and state statutes as
reimbursement for financial and medical assistance previously paid to or for
the recipient, child, or children.
(b) An applicant for or a recipient of medical assistance
provided by executive office of health and human
services and/or the department pursuant to this chapter, chapter 5.1, or chapter 8 of this title or title
XIX of the federal Social Security Act, 42 U.S.C. section 1396 et seq., for and
on behalf of himself or herself, and for and on behalf of any other person for
whom he or she may legally assign rights to any medical support or any other
medical care, shall be deemed, without the necessity of signing any document for purposes of reimbursement, to have made an
assignment and given a right of subrogation
to executive office of health and human services
and/or the department of human services of any and all rights and
interests that he, she, or such other person may have: (1) to payment for any
medical support; and (2) to payment for any medical care from any third party.
(c) In addition to the assignments and subrogation rights provided in subsections (a) and (b) of this section, an applicant for or a recipient of financial assistance provided by the executive office of health and human services and/or department pursuant to this chapter, whenever the assistance is necessary by reason of accident, injury, or illness for which a third party may be liable, for and on behalf of himself or herself, and for and on behalf of any other person for whom he or she may legally act, shall be deemed, without the necessity of signing any document, to have assigned and subrogated to the executive office of health and human services and/or the department of human services, from amounts recovered or recoverable from any third party, an amount of money equal to the amount of financial assistance provided as a result of the accident, illness, or injury.
(d) With respect to an assignment and
subrogation rights established pursuant to this section, an
applicant or recipient shall provide to the
executive office of health and human services and/or the department
of human services and/or the division of taxation
within the department of administration all relevant information
regarding the rights assigned and subrogated rights, and shall execute any
documents relating thereto, in accordance with rules and regulations to be
adopted by the executive office of health and human
services and/or the department.
(e) With respect to any assignment of
rights and subrogation rights
for medical or financial support or recoveries under this section, the executive office of health and human services and/or
the department of human services shall be considered to have acquired the
rights of such individual to payment by any third party for such medical care
and support, and financial support.
(f) An applicant for or a recipient of medical assistance provided by the executive office of health and human services in accordance with chapter 40-8 shall also be subject to the provisions of chapter 27-57.1. Funds available to be paid for the payment of child support shall supersede any payment made pursuant to this chapter and chapter 27-57.1.
40-6-10. Effects of
assistance on receipt of workers' compensation benefits. -- (a) No
individual shall be entitled to receive assistance provided under this chapter
or chapter 5.1 of this title and/or medical assistance under chapter 8 of this
title for any period beginning on or after July 1, 1982, with respect to which
benefits are paid or payable to individuals under any workers' compensation law
of this state, any other state, or the federal government, on account of any
disability caused by accident or illness. In the event that workers'
compensation benefits are subsequently awarded to an individual with respect to
which the individual has received assistance payments under this chapter or
chapter 5.1 of this title and/or medical assistance under chapter 8 of this
title, then the department executive office of health and human services
shall be subrogated to the individual's rights in the award to the extent of
the amount of the payments and/or medical assistance paid to or on behalf of
the individuals.
(b) Whenever an employer or insurance carrier has been notified
by the department executive office of health and human services
that an individual is an applicant for or a recipient of assistance payments
under this chapter or chapter 5.1 of this title, and/or medical assistance
under chapter 8 of this title, for a period during which the individual is or
may be eligible for benefits under the Workers' Compensation Act, chapters
29--38 of title 28, the notice shall constitute a lien in favor of the department executive
office of health and human services, upon any pending award, order,
or settlement to the individual under the Workers' Compensation Act. The
employer or his or her insurance carrier shall be required to reimburse the department of human services executive office of health and human services the
amount of the assistance payments and/or medical assistance paid to or on
behalf of the individual for any period for which an award, order, or
settlement is made.
(c) Whenever an individual becomes entitled to or is awarded
workers' compensation for the same period with respect to which the individual
has received assistance payments under this chapter or chapter 5.1 of this
title and/or medical assistance under chapter 8 of this title, and whenever
notice of the receipt of assistance payments has been given to the division of
workers' compensation of the department of labor and training of this state
and/or the workers' compensation commission, the division or commission is
hereby required to and shall incorporate in any award, order, or approval of
settlement, an order requiring the employer or his or her insurance carrier to
reimburse the department executive office of health and human services the
amount of the assistance payments and/or medical assistance paid to or on
behalf of the individual for the period for which an award, order, or
settlement is made.
(d) Any claims or payments to a recipient of medical assistance provided by the executive office of health and human services in accordance with chapter 40-8 shall also be subject to the provisions of chapter 28-33-27. Funds available to be paid for the payment of child support shall supersede any payment made pursuant to this chapter and chapter 27-57.1.
SECTION 5. Section 40-8-15 of the General Laws in Chapter 40-8 entitled "Medical Assistance" is hereby amended to read as follows:
40-8-15. Lien on deceased recipient's estate
for assistance. -- (a) (1) Upon the death
of a recipient of medical assistance under Title XIX of the federal Social
Security Act, 42 U.S.C. § 1396 et seq., the total sum of medical assistance so
paid on behalf of a recipient who was fifty-five (55) years of age or older at
the time of receipt of the assistance shall be and constitute a lien upon the
estate, as defined herein in subdivision
(a)(2) below, of the recipient in
favor of the department of human services executive office
of health and human services. The
lien shall not be effective and shall not attach as against the estate of a
recipient who is survived by a spouse, or a child who is under the age of
twenty-one (21), or a child who is blind or permanently and totally disabled as
defined in Title XVI of the federal Social Security Act, 42 U.S.C. § 1381 et
seq. The lien shall not be effective and
shall not attach as against a recipient's estate, which has been admitted for
probate administration unless the department has filed a claim for reimbursement in the probate court in accordance with § 33-11-5
or other applicable law. The lien shall attach against property of a recipient, which
is included or includible in the decedent’s probate estate, regardless of
whether or not a probate proceeding has been commenced in the probate court by
the executive office of health and human services or by any other party.
Provided, however, that such lien shall only attach and shall only be effective
against the recipient’s real property included or includible in the recipient’s
probate estate if such lien is recorded in the land evidence records and is in
accordance with subsection 40-8-15(f). Decedents who have received medical
assistance are subject to the assignment and subrogation provisions of sections
40-6-9 and 40-6-10.
(2) For purposes of this section, the term "estate" with respect to a deceased individual shall include all real and personal property and other assets included or includable within the individual's probate estate
(b) The department executive office of health and human services is
authorized to promulgate regulations to implement the terms, intent, and
purpose of this section and to require the legal representative(s) and/or the
heirs-at-law of the decedent to provide reasonable written notice to the department executive
office of health and human services of the death of a recipient of
medical assistance who was fifty-five (55) years of age or older at the date of
death, and to provide a statement identifying the decedent's property and the
names and addresses of all persons entitled to take any share or interest of
the estate as legatees or distributees thereof.
(c) The amount of medical assistance reimbursement imposed under this section shall also become a debt to the state from the person or entity liable for the payment thereof.
(d) Upon payment of the amount of reimbursement for medical
assistance imposed by this section, the director
secretary of the department of human services executive office of health and human services, or
his or her designee, shall issue a written discharge of lien.
(e) Upon application to the director
and a determination by the director that the lien is either inapplicable or
that no reimbursement for medical assistance is due with respect to the estate,
the director shall issue a written discharge of lien.
(f) Provided, however, that
no lien created under this section shall attach nor become effective upon any
real property unless and until a statement of claim is recorded naming the
debtor/owner of record of the property as of the date and time of recording of
the statement of claim, and describing the real property by a description
containing all of the following: (1) tax assessor's plat and lot; and (2)
street address. The statement of claim shall be recorded in the records of land
evidence in the town or city where the real property is situated. Notice of said lien shall be sent to the duly appointed
executor or administrator, the decedent’s legal representative, if known, or to
the decedent’s next of kin or heirs at law as stated in the decedent’s last
application for medical assistance.
(g)(f) The department of
human services executive office of
health and human services shall establish procedures, in accordance
with the standards specified by the secretary, U.S. Department of Health and
Human Services, under which the department of human
services executive office of health and
human services shall waive, in whole or in part, the lien and
reimbursement established by this section if such lien and reimbursement would
work an undue hardship, as determined by the department
executive office of health and human services,
on the basis of the criteria established by the secretary in accordance with 42
U.S.C. § 1396p(b)(3).
(g) Upon the filing of a petition for admission to probate of a decedent’s will or for administration of a decedent’s estate, when the decedent was fifty-five (55) years or older at the time of death, a copy of said petition and a copy of the death certificate shall be sent to the executive office of health and human services. Within thirty (30) days of a request by the executive office of health and human services, an executor or administrator shall complete and send to the executive office of health and human services a form prescribed by that office and shall provide such additional information as the office may require. In the event a petitioner fails to send a copy of the petition and a copy of the death certificate to the executive office of health and human services and a decedent has received medical assistance for which the executive office of health and human services is authorized to recover, no distribution and/or payments, including administration fees, shall be disbursed. Any person and /or entity that receives a distribution of assets from the decedent’s estate shall be liable to the executive office of health and human services to the extent of such distribution.
(h) Compliance with the provisions of this section shall be consistent with the requirements set forth in section 33-11-5 and the requirements of the affidavit of notice set forth in section 33-11-5.2. Nothing in these sections shall limit the executive office of health and human services from recovery, to the extent of the distribution, in accordance with all state and federal laws.
SECTION 6. Chapter 40-8 of the General laws entitled “Medical Assistance” is hereby amended by adding thereto the following section:
40-8-9.1. Notice. -- Whenever an individual who is receiving medical assistance under this chapter transfers an interest in real or personal property, such individual shall notify the executive office of health and human services within ten (10) days of the transfer. Such notice shall be sent to the individual’s local office and the legal office of the executive office of health and human services and include, at a minimum, the individual’s name, social security number or, if different, the executive office of health and human services identification number, the date of transfer and the dollar value, if any, paid or received by the individual who received benefits under this chapter. In the event an individual fails to provide notice required by this section to the executive office of health and human services and in the event an individual has received medical assistance, any individual and/or entity, who knew or should have known that such individual failed to provide such notice and who receives any distribution of value as a result of the transfer, shall be liable to the executive office of health and human services to the extent of the value of the transfer. Moreover, any such individual shall be subject to the provisions of section 40-6-15 and any remedy provided by applicable state and federal laws and rules and regulations. Failure to comply with the notice requirements set forth in the section shall not affect the marketability of title to real estate transferred, while the transferor is receiving medical assistance
SECTION 7. Chapter 33-11 of the General Laws entitled “Claims Against Decedents’ Estates” is hereby amended by adding thereto the following section:
33-11-5.2. Fiduciary’s affidavit regarding notice to creditors and OHHS. -- In order to close an estate, whether by accounting or affidavit of completed administration, the fiduciary shall submit to the probate court an affidavit in substantially the following form:
STATE OF RHODE ISLAND PROBATE COURT OF THE
COUNTY _____________ TOWN OF _____________
ESTATE OF __________________ NO. ________
FIDUCIARY’S AFFIDAVIT REGARDING NOTICE TO CREDITORS AND TO THE EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
The undersigned fiduciary of the above-captioned estate upon oath deposes and says that (a) notice of the commencement of the estate was mailed to all known or reasonably ascertainable creditors of the estate, as well as to the executive office of health and human services when the decedent was fifty-five (55) years or older, or that (b) no such notice was required to be mailed because the estate had no known or reasonably ascertainable creditors and the decedent was under the age of fifty-five (55).
Name Date
Subscribed and sworn before me this ______ day of _______, 20__.
_______________________________________
Notary public
SECTION 8. Section 33-22-3 of the General Laws in Chapter 33-22 entitled "Practice in Probate Courts" is hereby amended to read as follows:
33-22-3. Notice given by petitioner on filing of petition and hearing. -- In addition to the notice prescribed by section 33-7-9, and to notice by publication in the manner as prescribed by section 33-22-11, the petitioner or his or her attorney shall, at least ten (10) days before the date set for hearing on the petition, send or cause to be sent by mail, postage prepaid, addressed to each person whose name and post office address is by section 33-22-2(3) required to be set forth in the petition, as the names and addresses are set forth therein or as then known to the petitioner, and when the decedent was fifty-five (55) years or older to the executive office of health and human services and in accordance with section 40-8-15, notice of the filing, the nature of the petition, and of the time and place set for hearing on the petition, or in lieu thereof a copy of the newspaper notice published pursuant to the provisions of section 33-22-11; provided, however, that in the case of any person entitled to notice hereunder whose post office address is outside the continental limits of the United States this notice shall be sent at least three (3) weeks before the date set for the hearing; and provided further that the petitioner or his or her attorney shall not be required to send this notice to any person sui juris who shall at, or prior to, the hearing waive notice of its pendency in writing either on the petition or by instrument separately filed. The petitioner or his or her attorney shall at or prior to the hearing file or cause to be filed an affidavit that the notice was given, setting forth the names and post office addresses of the persons to whom the notice was sent and the date of mailing of the notice, together with a copy of the notice.
SECTION 9. This article shall take effect July 1, 2012.
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ARTICLE 12 AS AMENDED
RELATING TO EDUCATION AID
SECTION 1. Section 16-2-9.4 of the General Laws in Chapter 16-2 entitled "School Committees and Superintendents" is hereby amended to read as follows:
16-2-9.4. School district accounting compliance. -- (a) The office of auditor general and the department of elementary and secondary education shall promulgate a uniform system of accounting, including a chart of accounts based on the recommendations of the advisory council on school finance, and require all accounts of the school districts, regional school districts, state schools and charter schools to be kept in accordance therewith; provided, that in any case in which the uniform system of accounting is not practicable, the office of auditor general in conjunction with the department of elementary and secondary education shall determine the manner in which the accounts shall be kept. The uniform system of accounting shall also include a standardized budget process to ensure districts can annually assess investment priorities and incorporate long range planning.
(b) For the purpose of securing a uniform system of accounting and a chart of accounts the advisory council on school finances, as defined in section 16-2-9.2 may make such surveys of the operation of any school districts, regional school district, state school or charter school as they shall deem necessary.
(c) Upon completion of the implementation of the uniform chart of accounts, all the school districts, regional school districts, state schools, and/or charter schools, shall implement a regents-approved budget model, and use best practices established by the department of education for long range planning, budget development, and budget administration and reporting.
(c)(d) If any school district, regional school
district, state school or charter school fails to install and maintain the
uniform system of accounting, including a chart of accounts and approved budget model, or fails to keep its
accounts and interdepartmental records, or refuses or neglects to make the
reports and to furnish the information in accordance with the method prescribed
by the office of auditor general and the department of education or hinders or
prevents the examination of accounts and financial records, the auditor general
and the commissioner of education and/or their
respective designee(s) shall may
make a report to the superintendent of schools of
the local education agency, the school committee chairperson, the mayor or town
manager, and the president of the town council, and/or for a charter school, to
the board of trustees or directors, as applicable, the board of regents for elementary and secondary education
in writing, specifying the nature and extent of the failure, refusal, neglect,
hindrance, or prevention, and the board of regents
commissioner is hereby authorized and
directed to review the matter so reported. If the regents
commissioner shall find that failure,
refusal, neglect, hindrance, or prevention exists and that the school district,
regional school district, state school or charter school should properly comply
in the matter so reported, the regents commissioner shall direct the school district,
regional school district, state school or charter school, in writing, to so
comply. If the failure, refusal, neglect, hindrance, or prevention shall
continue for a period of ten (10) days following the written direction, the regents commissioner
may withhold distribution of state aid to said school district, regional school
district, state school or charter school.
(e) The department of elementary and secondary education in consultation with the division of municipal finance shall conduct periodic reviews and analysis of school revenues and expenses. The department shall also review and monitor compliance with the approved budget model and best practices. The department shall identify those local education agencies considered to be at risk of a year-end deficit or a structural deficit that could impact future years. Such potential deficits shall be identified based on the periodic reviews, which may also include on-site visits and reporting in accordance with the provisions of section 45-12-22.2. Potential deficits shall be reported to the office of municipal finance, office of auditor general, superintendent, chairman of the school committee, mayor or town manager, and the president of the town council, of the applicable school district, regional school district, or state school, and/or for a charter school, to the board of trustees or directors, as applicable.
16-2-34. Central Falls School District board of trustees. -- (a) There is hereby established a seven (7) member board of trustees, which shall govern the Central Falls School District. With the exception of those powers and duties reserved by the commissioner of elementary and secondary education, and the board of regents for elementary and secondary education, the board of trustees shall have the powers and duties of school committees. Notwithstanding any provision of law to the contrary, the commissioner of elementary and secondary education, as the executive agent of the board of regents for elementary and secondary education, is authorized to exercise in whole or in part care, control, and management over the public schools of the Central Falls school district within the scope of authority of the board of trustees and board of regents, whenever the commissioner deems such intervention to be necessary and appropriate.
(b) The board of regents for elementary and secondary education shall appoint the members of the board of trustees from nominations made by the commissioner of elementary and secondary education. The chairperson shall also be selected in this manner. The board of regents shall determine the number, qualifications, and terms of office of members of the board of trustees, provided however, that at least four (4) of the members shall be residents of the city and parents of current or former Central Falls public school students. The remaining three (3) shall be appointed at large.
(c) The board of regents shall provide parameters for overall budget requests, approve the budget, and otherwise participate in budget development.
(d) The commissioner of elementary and secondary education shall recommend parameters for overall budget requests, recommend a budget, and otherwise participate in budget development.
(e) The commissioner shall approve the process for selection of the superintendent.
(f) The board of trustees shall meet monthly and serve without compensation. The board of trustees shall have broad policy making authority for the operation of the school, as well as the following powers and duties:
(1) To identify the educational needs of the district;
(2) To develop educational policies to meet the needs of students in the school district;
(3) To appoint a superintendent to serve as its chief executive officer and to approve assistant and associate superintendents from nominations made by the superintendent;
(4) To provide policy guidance and otherwise participate in budget development; and
(5) To develop staffing policies which ensure that all students are taught by educators of the highest possible quality.
(g) The superintendent shall serve at the pleasure of the board of trustees with the initial appointment to be for a period of not more than three (3) years; provided, however, that the terms and conditions of employment are subject to the approval of the board of regents for elementary and secondary education.
(h) It shall be the responsibility of the superintendent to manage and operate the school on a day-to-day basis. The superintendent's duties shall include the following:
(1) To be responsible for the care, supervision, and management of the schools;
(2) To recommend to the board of trustees educational policies to meet the needs of the district, and to implement policies established by the board of trustees;
(3) To present nominations to the board of trustees for assistant and associate superintendents and to appoint all other school personnel;
(4) To provide for the evaluation of all school district personnel;
(5) To establish a school based management approach for decision making for the operation of the school;
(6) To prepare a budget and otherwise participate in budget development as required, and to authorize purchases consistent with the adopted school district budget;
(7) To report to the board of trustees, on a regular basis, the financial condition and operation of the schools, and to report annually on the educational progress of the schools;
(8) To establish appropriate advisory committees as needed to provide guidance on new directions and feedback on the operation of the schools;
(9) With policy guidance from the board of trustees and extensive involvement of the administrators and faculty in the school, to annually prepare a budget. The board of trustees shall approve the budget and transmit it to the commissioner. The board of regents for elementary and secondary education, upon recommendation of the commissioner of elementary and secondary education, shall provide parameters for the overall budget request. Based on review and recommendation by the commissioner, the board of regents shall approve the total budget and incorporate it into its budget request to the governor and to the general assembly. Line item budgeting decisions shall be the responsibility of the superintendent; and
(10) To negotiate, along with the chairperson of the board of trustees and his or her appointed designee, all district employment contracts, which contracts shall be subject to the approval of the commissioner of elementary and secondary education with the concurrence of the board of regents.
(i) Nothing in this section shall be deemed to limit or otherwise interfere with the rights of teachers and other school employees to bargain collectively pursuant to chapters 9.3 and 9.4 of title 28 to exercise rights afforded under any statute including, but not limited to, Title 16, or to allow the commissioner board of trustees or the superintendent to abrogate any agreement by collective bargaining.
(j) The appointment of the special state administrator for the Central Falls School District and the Central Falls School District Advisory Group, created by chapter 312 of the Rhode Island Public Laws of 1991, will no longer be in effect upon the selection and appointment of the board of trustees created in this section. All powers and duties of the special state administrator and the Central Falls School District Advisory Group are hereby transferred and assigned to the board of trustees created in this section, upon the selection and appointment of that board.
SECTION 2. Section 45-12-22.2 of the General Laws in Chapter 45-12 entitled "Indebtedness of Towns and Cities" is hereby amended to read as follows:
45-12-22.2. Monitoring of financial operations -- Corrective action. -- (a) The chief financial officer of each municipality and each school district within the state shall continuously monitor their financial operations by tracking actual versus budgeted revenue and expense.
(b) The chief financial officer of the municipality shall submit a report on a monthly basis to the municipality's chief executive officer, each member of the city or town council, and school district committee certifying the status of the municipal budget from all fund sources, including the school department budget from all fund sources, or regional school district budget from all fund sources. The chief financial officer of the municipality shall also submit a quarterly report on or before the 25th day of the month succeeding the end of each fiscal quarter to the division of municipal finance, the commissioner of education, and the auditor general certifying the status of the municipal budget, including the school budget that has been certified by the school department. Each quarterly report submitted must be signed by the chief executive officer, chief financial officer as well as the superintendent of the school district and chief financial officer for the school district. The report has to be submitted to the city/town council president and the school committee chair. It is encouraged, but not required, to have the council president/school committee chair sign the report. The chief financial officer of the school department or school district shall certify the status of the school district's budget and shall assist in the preparation of these reports. The monthly and quarterly reports shall be in a format prescribed by the division of municipal finance, the commissioner of education, and the state auditor general. The reports shall contain a statement as to whether any actual or projected shortfalls in budget line items are expected to result in a year-end deficit, the projected impact on year-end financial results including all accruals and encumbrances, and how the municipality and school district plans to address any such shortfalls. In the event that the school reporting is not provided, then state education aid may be withheld pursuant to the provisions of section 16-2-9.4(d).
(c) If any of the quarterly reports required under subsection (b) above project a year-end deficit, the chief financial officer of the municipality shall submit to the state division of municipal finance, the commissioner of education, and the auditor general a corrective action plan signed by the chief executive officer and chief financial officer on or before the last day of the month succeeding the close of the fiscal quarter, which provides for the avoidance of a year-end deficit or structural deficit that could impact future years, and the school superintendent shall also comply with the provisions of section 16-2-11(c) to assist in this effort. The plan may include recommendations as to whether an increase in property taxes and/or spending cuts should be adopted to eliminate the deficit. The plan shall include a legal opinion by municipal counsel that the proposed actions under the plan are permissible under federal, state, and local law. The state division of municipal affairs may rely on the written representations made by the municipality in the plan and will not be required to perform an audit.
(d) If the division of municipal finance concludes the plan required hereunder is insufficient and/or fails to adequately address the financial condition of the municipality, the division of municipal finance can elect to pursue the remedies identified in section 45-12-22.7.
(e) The reports required shall include the financial operations of any departments or funds of municipal government including the school department or the regional school district, notwithstanding the status of the entity as a separate legal body. This provision does not eliminate the additional requirements placed on local and regional school districts by sections 16-2-9(f) and 16-3-11(e)(3).
SECTION 3. Section 16-7-39 of the General Laws in Chapter 16-7 entitled “Foundation Level School Support” is hereby amended to read as follows:
16-7-39. Computation of school housing aid ratio. -- For each community, the percent of state aid for school housing costs shall be computed in the following manner:
(1) The adjusted equalized weighted assessed valuation for the district is divided by the resident average daily membership for the district (grades twelve (12) and below); (2) the adjusted equalized weighted assessed valuation for the state is divided by the resident average daily membership for the state (grades twelve (12) and below); (1) is then divided by (2) and the resultant ratio is multiplied by a factor currently set at sixty-two percent (62%) which represents the approximate average district share of school support; the resulting product is then subtracted from one hundred percent (100%) to yield the housing aid share ratio, provided that in no case shall the ratio be less than thirty percent (30%). Provided, that effective July 1, 2010, and annually at the start of each fiscal year thereafter, the thirty percent (30%) floor on said housing aid share shall be increased by five percent (5%) increments each year until said floor on the housing aid share ratio reaches a minimum of not less than forty percent (40%). This provision shall apply only to school housing projects completed after June 30, 2010 that received approval from the board of regents prior to June 30, 2012. Provided further, for the fiscal year beginning July 1, 2012 and for subsequent fiscal years, the minimum housing aid share shall be thirty-five percent (35%) for all projects receiving board of regents approval after June 30, 2012. The resident average daily membership shall be determined in accordance with § 16-7-22(1).
SECTION 4. Section 16-7.2-6 of the General Laws in Chapter 35-4 entitled “The Education Equity and Property Tax Relief Act” is hereby amended to read as follows:
16-7.2-6. Categorical programs, state funded expenses. -- In addition to the foundation education aid provided pursuant to § 16-7.2-3 the permanent foundation education aid program shall provide direct state funding for:
(a) Excess costs associated with special education students. Excess costs are defined when an individual special education student's cost shall be deemed to be "extraordinary." Extraordinary costs are those educational costs that exceed the state approved threshold based on an amount above five times the core foundation amount (total of core instruction amount plus student success amount). The department of elementary and secondary education shall prorate the funds available for distribution among those eligible school districts if the total approved costs for which school districts are seeking reimbursement exceed the amount of funding appropriated in any fiscal year;
(b) Career and technical education costs to help meet initial investment requirements needed to transform existing or create new comprehensive career and technical education programs and career pathways in critical and emerging industries and to help offset the higher than average costs associated with facilities, equipment maintenance and repair, and supplies necessary for maintaining the quality of highly specialized programs that are a priority for the state. The department shall recommend criteria for the purpose of allocating any and all career and technical education funds as may be determined by the general assembly on an annual basis. The department of elementary and secondary education shall prorate the funds available for distribution among those eligible school districts if the total approved costs for which school districts are seeking reimbursement exceed the amount of funding available in any fiscal year;
(c) Programs to increase access to voluntary, free, high-quality pre-kindergarten programs. The department shall recommend criteria for the purpose of allocating any and all early childhood program funds as may be determined by the general assembly;
(d) Central Falls Stabilization Fund is established to assure that
appropriate funding is available to support the community, including students
from the community that attend the charter schools, Davies, and the Met Center
pursuant to § 16-7.2-5, due to concerns regarding the city's capacity to meet
the local share of education costs. This fund requires
that education aid calculated pursuant to section 16-7.2-3 and funding for
costs outside the permanent foundation education aid formula, including but not
limited to transportation, facility maintenance, and retiree health benefits,
that the difference between education aid calculated
pursuant to § 16-7.2-3 and education aid, as of the effective date of the
formula, shall be shared between the state and the city of Central
Falls. The state's share of the fund will be paid
directly to the Central Falls school district upon verification that the city
has transferred its share of the local contribution for education. The fund shall be annually reviewed to determine the amount
of the state and city appropriation. The state's share of this fund may be
supported through a reallocation of current state appropriations to the Central Falls school district. At the end of the transition period defined in §
16-7.2-7, the municipality will continue its contribution pursuant to §
16-7-24; and
(e) Excess costs associated with transporting students to out of district non-public schools and within regional school districts. (1) This fund will provide state funding for the costs associated with transporting students to out of district non-public schools, pursuant to title 16, Chapter 21.1. The state will assume the costs of non-public out-of-district transportation for those districts participating in the statewide system; and (2) This fund will provide direct state funding for the excess costs associated with transporting students within regional school districts, established pursuant to title 16, chapter 3. This fund requires that the state and regional school district share equally the student transportation costs net any federal sources of revenue for these expenditures. The department of elementary and secondary education shall prorate the funds available for distribution among those eligible school districts if the total approved costs for which school districts are seeking reimbursement exceed the amount of funding available in any fiscal year.
(f) Public school districts that are regionalized shall be eligible for a regionalization bonus as set forth below.
(1) As used herein, the term "regionalized" shall be deemed to refer to a regional school district established under the provisions of chapter 16-3 including the Chariho Regional School district.
(2) For those districts that are regionalized as of July 1, 2010, the regionalization bonus shall commence in FY 2012. For those districts that regionalize after July 1, 2010, the regionalization bonus shall commence in the first fiscal year following the establishment of a regionalized school district as set forth section 16-3, including the Chariho Regional School District.
(3) The regionalization bonus in the first fiscal year shall be two percent (2.0%) of the state's share of the foundation education aid for the regionalized district as calculated pursuant to §§ 16-7.2-3 and 16-7.2-4 in that fiscal year.
(4) The regionalization bonus in the second fiscal year shall be one percent (1.0%) of the state's share of the foundation education aid for the regionalized district as calculated pursuant to §§ 16-7.2-3 and 16-7.2-4 in that fiscal year.
(5) The regionalization bonus shall cease in the third fiscal year.
(6) The regionalization bonus for the Chariho regional school district shall be applied to the state share of the permanent foundation education aid for the member towns.
(7) The department of elementary and secondary education shall prorate the funds available for distribution among those eligible regionalized school districts if the total approve costs for which regionalized school districts are seeking a regionalization bonus exceed the amount of funding appropriated in any fiscal year.
(g) Categorical programs defined in (a) through (f) shall be funded pursuant to the transition plan in § 16-7.2-7.
SECTION 5. Sections 16-7-17, 16-7-38 and 16-7-41 of the General Laws in Chapter 16-7 entitled "Foundation Level School Support" are hereby amended to read as follows:
16-7-17. Time of
payment of state's share of the basic program and approved expenditures. --
There shall be paid by the state to each community in twelve (12) monthly
installments an amount as determined by law to be the state's share of the cost
of the basic program for the reference year and all approved expenditures in
excess of the basic program for the reference year, provided, however, that
these payments to a community shall be reduced by the amount of funds deposited
by the department into the local education agency EPSDT account in accordance
with section 40-8-18 on behalf of the community. The July and August payments payment
shall be two and one half percent (2 1/2%)
two and fifty-four hundredths percent (2.54%)
of the state's share based upon the estimated pupil data, valuation data, and
expenditure data for the reference year and the September
August through June payments shall each
be nine and one half percent (9 1/2%) eight and eighty-six hundredths percent (8.86%)
of the aid due and payable based upon the data for the reference year, except for the city of East Providence which shall be paid
during October and April in accordance with chapter 344 of the Public Laws of
1982.
16-7-38. Time for
payments to communities. -- There shall be paid during October and April on September 15 and March 15 of each year
one-half (1/2) of the amount to which each community is entitled in terms of
the computation in section 16-7-41.
16-7-41. Computation of school housing aid. -- (a) In each fiscal year the state shall pay to each community a grant to be applied to the cost of school housing equal to the following:
The cost of each new school housing project certified to the commissioner of elementary and secondary education not later than July 15 of the fiscal year shall be divided by the actual number of years of the bond issued by the local community or the Rhode Island Health and Educational Building Corporation in support of the specific project, times the school housing aid ratio; and provided, further, with respect to costs of new school projects financed with proceeds of bonds issued by the local community or the Rhode Island Health and Educational Building Corporation in support of the specific project, the amount of the school housing aid payable in each fiscal year shall not exceed the amount arrived at by multiplying the principal and interest of the bonds payable in each fiscal year by the school housing aid ratio and which principal and interest amount over the life of the bonds, shall, in no event, exceed the costs of each new school housing project certified to the commissioner of elementary and secondary education. If a community fails to specify or identify the appropriate reimbursement schedule, the commissioner of elementary and secondary education may at his or her discretion set up to a five (5) year reimbursement cycle for projects under five hundred thousand dollars ($500,000); up to ten (10) years for projects up to three million dollars ($3,000,000); and up to twenty (20) years for projects over three million dollars ($3,000,000).
(b) Aid shall be provided for the same period as the life of the bonds issued in support of the project and at the school housing aid ratio applicable to the local community at the time of the bonds issued in support of the project as set forth in section 16-7-39.
(c) Aid shall be paid either to the community or in the case of
projects financed through the Rhode Island Health and Educational Building
Corporation, to the Rhode Island Health and Educational Building Corporation or
its designee including, but not limited to, a trustee under a bond indenture or
loan and trust agreement, in support of bonds issued for specific projects of
the local community in accordance with this section, section 16-7-40 and
section 16-7-44. Notwithstanding the preceding, in case of failure of any city,
town or district to pay the amount due in support of bonds issued on behalf of
a city or town school project financed by the Rhode Island Health and
Educational Building Corporation, upon notification by the Rhode Island Health
and Educational Building Corporation, the general treasurer shall deduct the
amount from aid provided under this section, section 16-7-40, and
section 16-7-44 and section 16-7-15 through section
16-7-34.3 due the city, town or district and direct said funding to
the Rhode Island Health and Educational Building Corporation or its designee.
(d) Notwithstanding any provisions of law to the contrary, in connection with the issuance of refunding bonds benefiting any local community, any net interest savings resulting from the refunding bonds issued by such community or a municipal public buildings authority for the benefit of the community or by the Rhode Island health and educational building corporation for the benefit of the community, in each case in support of school housing projects for the community, shall be allocated between the community and the state of Rhode Island, by applying the applicable school housing aid ratio at the time of issuance of the refunding bonds, calculated pursuant to section 16-7-39, that would otherwise apply in connection with school housing projects of the community. In connection with any such refunding of bonds, the finance director or the chief financial officer of the community shall certify such net interest savings to the commissioner of elementary and secondary education. Notwithstanding section 16-7-44 or any other provision of law to the contrary, school housing projects costs in connection with any such refunding bond issue shall include bond issuance costs incurred by the community, the municipal public buildings authority or the Rhode Island health and educational building corporation, as the case may be, in connection therewith. In connection with any refunding bond issue, school housing project costs shall include the cost of interest payments on such refunding bonds, if the cost of interest payments was included as a school housing cost for the bonds being refunded. A local community or municipal public buildings authority shall not be entitled to the benefits of this subsection (d) unless the net present value savings resulting from the refunding is at least three percent (3%) of the refunded bond issue.
(e) Any provision of law to the contrary notwithstanding, the commissioner of elementary and secondary education shall cause to be monitored the potential for refunding outstanding bonds of local communities or municipal public building authorities or of the Rhode Island Health and Educational Building Corporation issued for the benefit of local communities or municipal public building authorities and benefiting from any aid referenced in this section. In the event it is determined by said monitoring that the net present value savings which could be achieved by refunding such bonds of the type referenced in the prior sentence including any direct costs normally associated with such refundings is equal to (i) at least one hundred thousand dollars ($100,000) and (ii) for the state and the communities or public building authorities at least three percent (3%) of the bond issue to be refunded including associated costs then, in such event, the commissioner (or his or her designee) may direct the local community or municipal public building authority for the benefit of which the bonds were issued, to refund such bonds. Failure of the local community or municipal public buildings authority to timely refund such bonds, except due to causes beyond the reasonable control of such local community or municipal public building authority, shall result in the reduction by the state of the aid referenced in this section 16-7-4.1 associated with the bonds directed to be refunded in an amount equal to ninety percent (90%) of the net present value savings reasonably estimated by the commissioner of elementary and secondary education (or his or her designee) which would have been achieved had the bonds directed to be refunded been refunded by the ninetieth (90th) day (or if such day is not a business day in the state of Rhode Island, the next succeeding business day) following the date of issuance of the directive of the commissioner (or his or her designee) to refund such bonds. Such reduction in the aid shall begin in the fiscal year following the fiscal year in which the commissioner issued such directive for the remaining term of the bond.
(f) Payments shall be made in accordance with section 16-7-40 and this section.
SECTION 6. Section 16-7-23 of the General Laws in Chapter 16-7 entitled "Foundation Level School Support" is hereby amended to read as follows:
16-7-23. Community
requirements -- Adequate minimum budget provision. -- (a) The school
committee's budget provisions of each community for current expenditures in
each budget year shall provide for an amount from all sources sufficient to
support the basic program and all other approved programs shared by the state.
Each community shall contribute local funds to its school committee in an
amount not less than its local contribution for schools in the previous fiscal
year except to the extent permitted by section
sections 16-7-23.1 and 16-7-23.2. Provided, that for the fiscal
years 2010 and 2011 each community shall contribute to its school committee in
an amount not less than ninety-five percent (95.0%) of its local contribution
for schools for the fiscal year 2009. Calculation of the annual local contribution
shall not include Medicaid revenues received by the municipality or district
pursuant to chapter 8 of title 40. A community which has a decrease in
enrollment may compute maintenance of effort on a per pupil rather than on an
aggregate basis when determining its local contribution; furthermore, a
community which experiences a nonrecurring expenditure for its schools may
deduct the nonrecurring expenditure in computing its maintenance of effort. The
deduction of nonrecurring expenditures shall be with the approval of the
commissioner. Provided, however, that
notwithstanding any provision of this title to the contrary, debt service that
is no longer carried on the books of any school district shall not be included
in any school districts’ annual budget, nor shall non-recurring debt service be
included in maintenance of effort as set forth in this chapter, nor shall any
non-recruiting debt service be included in the operating budget of any school
district. For the purposes set forth above non-recurring capital lease payments
shall be considered non-recurring debt service. The courts of this
state shall enforce this section by writ of mandamus
means of injunctive relief.
(b) Whenever any state funds are appropriated for educational purposes, the funds shall be used for educational purposes only and all state funds appropriated for educational purposes must be used to supplement any and all money allocated by a city or town for educational purposes and, in no event, shall state funds be used to supplant, directly or indirectly, any money allocated by a city or town for educational purposes. All state funds shall be appropriated by the municipality to the school committee for educational purposes in the same fiscal year in which they are appropriated at the state level even if the municipality has already adopted a school budget. All state and local funds unexpended by the end of the fiscal year of appropriation shall remain a surplus of the school committee and shall not revert to the municipality. Any surplus of state or local funds appropriated for educational purposes shall not in any respect affect the requirement that each community contribute local funds in an amount not less than its local contribution for schools in the previous fiscal year, subject to subsection (a) of this section, and shall not in any event be deducted from the amount of the local appropriation required to meet the maintenance of effort provision in any given year.
SECTION 7. Chapter 16-7 of the General Laws entitled "Foundation Level School Support" is hereby amended by adding thereto the following section:
16-7-23.2. School deficit reduction -- Maintenance of effort provision. – A city, town, or regional school district appropriating authority may appropriate supplemental funds to eliminate or reduce a school budget deficit. To the extent that such a supplemental appropriation represents payment of past annual expenditure, the payment shall not be used in the computation of the maintenance of effort requirements established by section 16-7-23.
SECTION 8. Chapter 16-25 of the General Laws entitled "EDUCATION OF CHILDREN WHO ARE DEAF OR BLIND" is hereby repealed in its entirety.
CHAPTER 16-25
Education of Children Who are Deaf or Blind
16-25-1. Appointment of state beneficiaries at special institutions.
-- The governor, on recommendation
of the department of elementary and secondary education and upon application of
the parent or guardian, may appoint any child who is deaf, blind, or visually
impaired being a legal resident of this state, who shall appear to the
department to be a fit subject for education, as a state beneficiary at any
suitable institution or school now established or that may be established
either within or without the state, for the period that he or she may determine,
within the limit of ten (10) years; provided, that he or she may, upon the
special recommendation of the department, extend the period and that he or she
shall have the power to revoke any appointment at any time for cause.
16-25-2. Supervision of beneficiaries -- Reports to general assembly.
-- The department of elementary
and secondary education is invested with the duty and responsibility of
supervising the education of all those beneficiaries, and no child appointed as
provided in section 16-25-1 shall be withdrawn from any institution or school
except with its consent, or the consent of the governor; and the department
shall annually report its doings under this chapter to the general assembly,
with any further information in relation to the several institutions at which
these beneficiaries have been placed that may be deemed desirable.
16-25-3. Repealed.. --
16-25-4. Care and instruction of children who are blind or visually
impaired under school age. -- The
department of elementary and secondary education shall have power to provide
for the suitable care, maintenance, and instruction of babies and children
under school age residing in this state who may be born blind or become blind
or visually impaired, in any case where by reason of lack of means or other
cause the parent or parents of the children may be unable to properly care for,
maintain, and educate the children.
16-25-5. Contracts for care of children who are blind or visually
impaired. -- For the purpose of
providing care, maintenance, and education of children who are blind or
visually impaired, the department of elementary and secondary education shall
have power to contract with any institution having or furnishing special
education and related services in this or any other state at a contract price
within the amount appropriated.
16-25-6. Payment of expenses of chapter. -- Each community, as defined in chapter 7 of this title, shall
contribute to the department of elementary and secondary education in
accordance with regulations to be prescribed by the department.
16-25-7. Repealed.. --
SECTION 9. Section 16-3.1-11 of the General Laws in Chapter 16-3.1 entitled "Cooperative Service Among School Districts" is hereby amended to read as follows:
16-3.1-11. Urban collaborative. -- Notwithstanding the provisions of any general or special law to the contrary, the school committees of the cities of Providence, Pawtucket, East Providence, Central Falls and other Rhode Island school districts as may be approved for inclusion by existing member districts in accordance with collaborative bylaws are authorized and empowered to continue and/or initiate cooperative efforts to provide alternate education programs and/or diagnostic services required by law or regulation for students achieving limited success in traditional settings and to do all things necessary including, but not limited to utilization of technology, including television, all on a collaborative basis. The various school committees may assign and delegate to their respective school committee chairs or designee or superintendents of schools or designee, acting as a regional board any duties, responsibilities, and powers that the committees may deem necessary for the conduct, administration, and management of the urban collaborative. Beginning on July 1, 2013 the urban collaborative shall be funded pursuant to the provisions of section 16-7.2-3. The state share of the permanent foundation education aid shall be paid directly to the urban collaborative pursuant to the provisions of section 16-7.2-7. The local school district shall transfer the difference between the calculated state share of the permanent foundation education aid and the amount calculated pursuant to the provisions of section 16-7.2-7 to the urban collaborative, until the transition of the state share is complete. In addition, the local school district shall pay the local share of education funding to the urban collaborative as outlined in section 16-7.2-5.
SECTION 10. This article shall take effect on July 1, 2012.
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ARTICLE 13
RELATING TO HISTORIC PRESERVATION TAX CREDIT TRUST FUND
SECTION 1. Section 44-33.2-4.1 of the General Laws in Chapter 44-33.2 entitled “Historic Structures – Tax Credit” is hereby amended to read as follows:
44-33.2-4.1. Historic preservation tax credit trust fund. -- All
processing fees collected pursuant to this chapter after June 30, 2008 shall be
deposited in a historic preservation tax credit restricted receipt account
within the state general historic preservation tax credit trust fund,
which shall be used, to the extent resources are available, to fund
historic structure tax credits taken by taxpayers to refund or reimburse historic tax credit processing
fees paid by developers as certified by the division of taxation.
SECTION 2. This article shall take effect upon passage.
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ARTICLE 14 AS AMENDED
RELATING TO RESTRICTED RECEIPT ACCOUNTS
SECTION 1. Section 35-4-27 of the General Laws in Chapter 35-4 entitled “State Funds” is hereby amended to read as follows:
35-4-27. Indirect cost recoveries on restricted receipt accounts. -- Indirect cost recoveries of ten percent (10%) of cash receipts shall be transferred from all restricted receipt accounts, to be recorded as general revenues in the general fund. However, there shall be no transfer from cash receipts with restrictions received exclusively: (1) from contributions from non-profit charitable organizations; (2) from the assessment of indirect cost recovery rates on federal grant funds; or (3) through transfers from state agencies to the department of administration for the payment of debt service. These indirect cost recoveries shall be applied to all accounts, unless prohibited by federal law or regulation, court order, or court settlement. The following restricted receipt accounts shall not be subject to the provisions of this section:
Department of Human Services
Veterans' home – Restricted account
Veterans' home – Resident benefits
Organ transplant fund
Veteran's Cemetery Memorial Fund
Department of Health
Pandemic medications and equipment account
Department of Mental Health, Retardation and Hospitals
Eleanor Slater non-Medicaid third-party payor account
Hospital Medicare Part D Receipts
RICLAS Group Home Operations
Vigneron Memorial Fund Grant
Department of Environmental Management
National heritage revolving fund
Environmental response fund II
Underground storage tanks registration fees
Rhode Island Council on the Arts
Art for public facilities fund
Rhode Island Foundation Grant
Rhode Island Historical Preservation and Heritage Commission
Historic preservation revolving loan fund
Historic Preservation loan fund – Interest revenue
Department of Public Safety
Forfeited property – Retained
Forfeitures – Federal
Forfeited property – Gambling
Donation – Polygraph and Law Enforcement Training
Rhode Island State Firefighter’s League Training Account
Fire Academy Training Fees Account
Attorney General
Forfeiture of property
Federal forfeitures
Attorney General multi-state account
Department of Administration
Office of Management and Budget
Information Technology Investment Fund
Restore and replacement – Insurance coverage
Convention Center Authority rental payments
Investment Receipts – TANS
Car Rental Tax/Surcharge-Warwick Share
OPEB System Restricted Receipt Account
ARRA Administrative Expenses – Bureau of Audits
ARRA Administrative Expenses – Purchasing
Legislature
Audit of federal assisted programs
Department of Elderly Affairs
Pharmaceutical Rebates Account
Department of Children Youth and Families
Children's Trust Accounts – SSI
Military Staff
RI Military Family Relief Fund
RI National Guard Counterdrug Program
Treasury
Admin. Expenses – State Retirement System
Retirement – Treasury Investment Options
Business Regulation
Banking Division Reimbursement Account
Office of the Health Insurance Commissioner Reimbursement Account
Securities Division Reimbursement Account
Commercial Licensing and Racing and Athletics Division Reimbursement Account
Insurance Division Reimbursement Account
Historic Preservation Tax Credit Account.
Judiciary
Arbitration Fund Restricted Receipt Account
Department of Elementary and Secondary Education
Statewide Student Transportation Services Account
School for the Deaf Fee for Service Account
Davies Career and Technical School Local Education Aid Account
Early Childhood Grant Program Account
Office of the Governor
ARRA Administrative Expenses – Office of Economic Recovery and ReInvestment
Department of Labor and Training
Job Development Fund – Title XII loans principal and interest
SECTION 2. Chapter 16-48 of the General Laws entitled “Education Services to Very Young Children” is hereby amended by adding thereto the following section:
16-48-9. Non-governmental funding for early childhood education. -- There is hereby established in the department of elementary and secondary education an early childhood education program restricted receipt account referred to as “Early Childhood Grant Program Account.” The department of elementary and secondary education shall deposit into this account any funds received from non-governmental sources for the purpose of funding early childhood education programs. All such sums deposited shall be exempt from the indirect cost recovery provisions of section 35-4-27.
SECTION 3. This article shall take effect upon passage and shall apply retroactively to July 1, 2011.
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ARTICLE 15
RELATING TO HOSPITAL UNCOMPENSATED CARE
SECTION 1. Sections 40-8.3-2 and 40-8.3-3 of the General Laws in Chapter 40-8.3 entitled “Uncompensated Care” are hereby amended to read as follows:
40-8.3-2. Definitions. -- As used in this chapter:
(1) "Base year" means for the purpose of calculating a
disproportionate share payment for any fiscal year ending after September 30, 2010 2011,
the period from October 1, 2008 2009 through September 30, 2009 2010,
and for any fiscal year ending after September 30, 2011
2012, the period from October 1, 2009 2010
through September 30, 2010 2011.
(2) "Medical assistance inpatient utilization rate for a hospital" means a fraction (expressed as a percentage) the numerator of which is the hospital's number of inpatient days during the base year attributable to patients who were eligible for medical assistance during the base year and the denominator of which is the total number of the hospital's inpatient days in the base year.
(3) "Participating hospital" means any nongovernment and nonpsychiatric hospital that: (i) was licensed as a hospital in accordance with chapter 17 of title 23 during the base year; (ii) achieved a medical assistance inpatient utilization rate of at least one percent (1%) during the base year; and (iii) continues to be licensed as a hospital in accordance with chapter 17 of title 23 during the payment year.
(4) "Uncompensated care costs" means, as to any hospital, the sum of: (i) the cost incurred by such hospital during the base year for inpatient or outpatient services attributable to charity care (free care and bad debts) for which the patient has no health insurance or other third-party coverage less payments, if any, received directly from such patients; and (ii) the cost incurred by such hospital during the base year for inpatient or out-patient services attributable to Medicaid beneficiaries less any Medicaid reimbursement received therefor; multiplied by the uncompensated care index.
(5) "Uncompensated care index" means the annual
percentage increase for hospitals established pursuant to § 27-19-14 for each
year after the base year, up to and including the payment year, provided,
however, that the uncompensated care index for the payment year ending
September 30, 2007 shall be deemed to be five and thirty-eight hundredths
percent (5.38%), and that the uncompensated care index for the payment year
ending September 30, 2008 shall be deemed to be five and forty-seven hundredths
percent (5.47%), and that the uncompensated care index for the payment year
ending September 30, 2009 shall be deemed to be five and thirty-eight
hundredths percent (5.38%), and that the uncompensated care index for the
payment years ending September 30, 2010, September 30, 2011, and
September 30, 2012 and September 30, 2013
shall be deemed to be five and thirty hundredths percent (5.30%).
40-8.3-3.
Implementation. -- (a) For the fiscal
year commencing on October 1, 2009 and ending September 30, 2010, the
department of human services shall submit to the Secretary of the U.S.
Department of Health and Human Services a state plan amendment to the Rhode
Island Medicaid state plan for disproportionate share hospital payments (DSH
Plan) to provide:
(1) That the disproportionate share
hospital payments to all participating hospitals not to exceed an aggregate
limit of $117.8 million, to be allocated by the department to the Pool A, Pool
C and Pool D components of the DSH Plan;
(2) That the Pool D allotment shall
be distributed among the participating hospitals in direct proportion to the
individual participating hospital's uncompensated care costs for the base year,
inflated by the uncompensated care index to the total uncompensated care costs
for the base year inflated by uncompensated care index for all participating
hospitals. The disproportionate share payments shall be made on or before July
12, 2010 and are expressly conditioned upon approval on or before July 5, 2010
by the Secretary of the U.S. Department of Health and Human Services, or his or
her authorized representative, of all Medicaid state plan amendments necessary
to secure for the state the benefit of federal financial participation in
federal fiscal year 2010 for the disproportionate share payments.
(b)(a) For the fiscal year commencing on October
1, 2010 and ending September 30, 2011, the department of human services shall
submit to the Secretary of the U.S. Department of Health and Human Services a
state plan amendment to the Rhode Island Medicaid state plan for
disproportionate share hospital payments (DSH Plan) to provide:
(1) That the disproportionate share hospital payments to all participating hospitals not to exceed an aggregate limit of $125.4 million, to be allocated by the department to the Pool A, Pool C and Pool D components of the DSH Plan;
(2) That the Pool D allotment shall be distributed among the participating hospitals in direct proportion to the individual participating hospital's uncompensated care costs for the base year, inflated by the uncompensated care index to the total uncompensated care costs for the base year inflated by uncompensated care index for all participating hospitals. The disproportionate share payments shall be made on or before July 18, 2011 and are expressly conditioned upon approval on or before July 11, 2011 by the Secretary of the U.S. Department of Health and Human Services, or his or her authorized representative, of all Medicaid state plan amendments necessary to secure for the state the benefit of federal financial participation in federal fiscal year 2011 for the disproportionate share payments.
(c)(b) For the
fiscal year commencing on October 1, 2011 and ending September 30, 2012, the
executive office of health and human services shall submit to the Secretary of
the U.S. Department of Health and Human Services a state plan amendment to the
Rhode Island Medicaid state plan for disproportionate share hospital payments
(DSH Plan) to provide:
(1) That the disproportionate share hospital payments to all
participating hospitals, not to exceed an aggregate limit of $129.8 $126.2
million, shall be allocated by the executive office of health and human
services to the Pool A, Pool C and Pool D components of the DSH Plan; and,
(2) That the Pool D allotment shall be distributed among the participating hospitals in direct proportion to the individual participating hospital's uncompensated care costs for the base year, inflated by the uncompensated care index to the total uncompensated care costs for the base year inflated by uncompensated care index for all participating hospitals. The disproportionate share payments shall be made on or before July 16, 2012 and are expressly conditioned upon approval on or before July 9, 2012 by the Secretary of the U.S. Department of Health and Human Services, or his or her authorized representative, of all Medicaid state plan amendments necessary to secure for the state the benefit of federal financial participation in federal fiscal year 2012 for the disproportionate share payments.
(c) For federal fiscal year 2013, commencing on October 1, 2012 and ending September 30, 2013, the executive office of health and human services shall submit to the Secretary of the U.S. Department of Health and Human Services a state plan amendment to the Rhode Island Medicaid state plan for disproportionate share hospital payments (DSH Plan) to provide:
(1) That the disproportionate share hospital payments to all participating hospitals, not to exceed an aggregate limit of $128.3 million, shall be allocated by the executive office of health and human services to the Pool A, Pool C and Pool D components of the DSH Plan; and,
(2) That the Pool D allotment shall be distributed among the participating hospitals in direct proportion to the individual participating hospital's uncompensated care costs for the base year, inflated by the uncompensated care index to the total uncompensated care costs for the base year inflated by uncompensated care index for all participating hospitals. The disproportionate share payments shall be made on or before July 15, 2013 and are expressly conditioned upon approval on or before July 8, 2013 by the Secretary of the U.S. Department of Health and Human Services, or his or her authorized representative, of all Medicaid state plan amendments necessary to secure for the state the benefit of federal financial participation in federal fiscal year 2013 for the disproportionate share payments.
(d) No provision is made pursuant to this chapter for disproportionate share hospital payments to participating hospitals for uncompensated care costs related to graduate medical education programs.
SECTION 2. Chapter 40-8.3 of the General Laws entitled "Uncompensated Care" is hereby amended by adding thereto the following section:
40-8.3-10. Outpatient adjustment payments. – Effective July 1, 2012 and for each subsequent year, the executive office of health and human services is hereby authorized and directed to amend its regulations for reimbursement to hospitals for outpatient services as follows:
(a) Each hospital in the state of Rhode Island, as defined in subdivision 23-17-38.19(b)(1), shall receive a quarterly adjustment payment each state fiscal year of an amount determined as follows:
(1) Determine the percent of the state’s total Medicaid outpatient and emergency department services (exclusive of physician services) provided by each hospital during each hospital’s prior fiscal year;
(2) Determine the sum of all Medicaid payments to hospitals made for outpatient and emergency department services (exclusive of physician services) provided during each hospital’s prior fiscal year;
(3) Multiply the sum of all Medicaid payments as determined in subdivision (2) by seventy-four and ninety-seven hundredths percent (74.97%) and then multiply that result by each hospital’s percentage of the state’s total Medicaid outpatient and emergency department services as determined in subdivision (1) to obtain the total outpatient adjustment for each hospital to be paid each year;
(4) Pay each hospital on or before July 20, October 20, January 20, and April 20 one quarter (1/4) of its total outpatient adjustment as determined in subdivision (3) above.
(b) The amounts determined in subsection (a) are in addition to Medicaid outpatient payments and emergency services payments (exclusive of physician services) paid to hospitals in accordance with current state regulation and the Rhode Island Plan for Medicaid Assistance pursuant to Title XIX of the Social Security Act and are not subject to recoupment or settlement.
SECTION 3. This article shall take effect upon passage.
.
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ARTICLE 16 AS AMENDED
RELATING TO MUNICIPALITIES
SECTION 1. Section 42-61.2-7 of the General Laws in Chapter 42-61.2 entitled “Video Lottery Terminal” is hereby amended to read as follows:
42-61.2-7. Division of revenue.-- (a) Notwithstanding the provisions of § 42-61-15, the allocation of net terminal income derived from video lottery games is as follows:
(1) For deposit in the general fund and to the state lottery division fund for administrative purposes: Net terminal income not otherwise disbursed in accordance with subdivisions (a)(2) – (a)(6) herein;
(i) Except for the fiscal year ending June 30, 2008, nineteen one
hundredths of one percent (0.19%) up to a maximum of twenty million dollars
($20,000,000) shall be equally allocated to the distressed communities as
defined in § 45-13-12 provided that no eligible community shall receive more
than twenty-five percent (25%) of that community's currently enacted municipal
budget as its share under this specific subsection. Distributions made under
this specific subsection are supplemental to all other distributions made under
any portion of general laws § 45-13-12. For the fiscal year ending June 30,
2008 distributions by community shall be identical to the distributions made in
the fiscal year ending June 30, 2007 and shall be made from general
appropriations. For the fiscal year ending June 30, 2009, the total state
distribution shall be the same total amount distributed in the fiscal year
ending June 30, 2008 and shall be made from general appropriations. For the fiscal
year ending June 30, 2010, the total state distribution shall be the same total
amount distributed in the fiscal year ending June 30, 2009 and shall be made
from general appropriations, provided however that $784,458 of the total
appropriation shall be distributed equally to each qualifying distressed
community. For each of the fiscal years ending June 30, 2011, and June
30, 2012, and June 30, 2013 seven
hundred eighty-four thousand four hundred fifty-eight dollars ($784,458) of the
total appropriation shall be distributed equally to each qualifying distressed
community.
(ii) Five one hundredths of one percent (0.05%) up to a maximum of five million dollars ($5,000,000) shall be appropriated to property tax relief to fully fund the provisions of § 44-33-2.1. The maximum credit defined in subdivision 44-33-9(2) shall increase to the maximum amount to the nearest five dollar ($5.00) increment within the allocation until a maximum credit of five hundred dollars ($500) is obtained. In no event shall the exemption in any fiscal year be less than the prior fiscal year.
(iii) One and twenty-two one hundredths of one percent (1.22%) to fund § 44-34.1-1, entitled "Motor Vehicle and Trailer Excise Tax Elimination Act of 1998", to the maximum amount to the nearest two hundred fifty dollar ($250) increment within the allocation. In no event shall the exemption in any fiscal year be less than the prior fiscal year.
(iv) Except for the fiscal year ending June 30, 2008, ten one hundredths of one percent (0.10%) to a maximum of ten million dollars ($10,000,000) for supplemental distribution to communities not included in paragraph (a)(1)(i) above distributed proportionately on the basis of general revenue sharing distributed for that fiscal year. For the fiscal year ending June 30, 2008 distributions by community shall be identical to the distributions made in the fiscal year ending June 30, 2007 and shall be made from general appropriations. For the fiscal year ending June 30, 2009, no funding shall be disbursed. For the fiscal year ending June 30, 2010 and thereafter, funding shall be determined by appropriation.
(2) To the licensed video lottery retailer:
(a)(i) Prior to the effective date of the NGJA Master Contract, Newport Jai Ali twenty-six percent (26%) minus three hundred eighty four thousand nine hundred ninety-six dollars ($384,996);
(ii) On and after the effective date of the NGJA Master Contract, to the licensed video lottery retailer who is a party to the NGJA Master Contract, all sums due and payable under said Master Contract minus three hundred eighty four thousand nine hundred ninety-six dollars ($384,996).
(b)(i) Prior to the effective date of the UTGR Master Contract, to the present licensed video lottery retailer at Lincoln Park which is not a party to the UTGR Master Contract, twenty-eight and eighty-five one hundredths percent (28.85%) minus seven hundred sixty-seven thousand six hundred eighty-seven dollars ($767,687);
(ii) On and after the effective date of the UTGR Master Contract, to the licensed video lottery retailer who is a party to the UTGR Master Contract, all sums due and payable under said Master Contract minus seven hundred sixty-seven thousand six hundred eighty-seven dollars ($767,687).
(3)(i) To the technology providers who are not a party to the GTECH Master Contract as set forth and referenced in Public Law 2003, Chapter 32, seven percent (7%) of the net terminal income of the provider's terminals; in addition thereto, technology providers who provide premium or licensed proprietary content or those games that have unique characteristics such as 3D graphics, unique math/game play features or merchandising elements to video lottery terminals may receive incremental compensation, either in the form of a daily fee or as an increased percentage, if all of the following criteria are met:
(A) A licensed video lottery retailer has requested the placement of premium or licensed proprietary content at its licensed video lottery facility;
(B) The division of lottery has determined in its sole discretion that the request is likely to increase net terminal income or is otherwise important to preserve or enhance the competiveness of the licensed video lottery retailer;
(C) After approval of the request by the division of lottery, the total number of premium or licensed propriety content video lottery terminals does not exceed ten percent (10%) of the total number of video lottery terminals authorized at the respective licensed video lottery retailer; and
(D) All incremental costs are shared between the division and the respective licensed video lottery retailer based upon their proportionate allocation of net terminal income. The division of lottery is hereby authorized to amend agreements with the licensed video lottery retailers, or the technology providers, as applicable, to effect the intent herein.
(ii) To contractors who are a party to the Master Contract as set forth and referenced in Public Law 2003, Chapter 32, all sums due and payable under said Master Contract;
(iii) Notwithstanding paragraphs (i) and (ii) above, there shall be subtracted proportionately from the payments to technology providers the sum of six hundred twenty-eight thousand seven hundred thirty-seven dollars ($628,737);
(4) To the city of Newport one and one hundredth percent (1.01%) of net terminal income of authorized machines at Newport Grand except that effective November 9, 2009 until June 30, 2012, the allocation shall be one and two tenths percent (1.2%) of net terminal income of authorized machines at Newport Grand for each week the facility operates video lottery games on a twenty-four (24) hour basis for all eligible hours authorized and to the town of Lincoln one and twenty-six hundredths percent (1.26%) of net terminal income of authorized machines at Lincoln Park except that effective November 9, 2009 until June 30, 2012, the allocation shall be one and forty-five hundredths percent (1.45%) of net terminal income of authorized machines at Lincoln Park for each week the facility operates video lottery games on a twenty-four (24) hour basis for all eligible hours authorized; and
(5) To the Narragansett Indian Tribe, seventeen hundredths of one percent (0.17%) of net terminal income of authorized machines at Lincoln Park up to a maximum of ten million dollars ($10,000,000) per year, which shall be paid to the Narragansett Indian Tribe for the account of a Tribal Development Fund to be used for the purpose of encouraging and promoting: home ownership and improvement, elderly housing, adult vocational training; health and social services; childcare; natural resource protection; and economic development consistent with state law. Provided, however, such distribution shall terminate upon the opening of any gaming facility in which the Narragansett Indians are entitled to any payments or other incentives; and provided further, any monies distributed hereunder shall not be used for, or spent on previously contracted debts; and
(6) Unclaimed prizes and credits shall remit to the general fund of the state; and
(7) Payments into the state's general fund specified in subdivisions (a)(1) and (a)(6) shall be made on an estimated monthly basis. Payment shall be made on the tenth day following the close of the month except for the last month when payment shall be on the last business day.
(b) Notwithstanding the above, the amounts payable by the Division to UTGR related to the Marketing Program shall be paid on a frequency agreed by the Division, but no less frequently than annually.
(c) Notwithstanding anything in this chapter 61.2 of this title 42 to the contrary, the Director is authorized to fund the Marketing Program as described above in regard to the First Amendment to the UTGR Master Contract.
(d) Notwithstanding the above, the amounts payable by the Division to Newport Grand related to the Marketing Program shall be paid on a frequency agreed by the Division, but no less frequently than annually.
(e) Notwithstanding anything in this chapter 61.2 of this title 42 to the contrary, the Director is authorized to fund the Marketing Program as described above in regard to the First Amendment to the Newport Grand Master Contract.
SECTION 2. Section 45-13-12 of the General Laws in Chapter 45-13 entitled “Distressed communities relief fund” is hereby amended to read as follows:
45-13-12. Distressed communities relief fund. -- (a) There is established a fund to provide state assistance to those Rhode Island cities and towns which have the highest property tax burdens relative to the wealth of taxpayers.
(b) Establishment of indices. Four (4) indices of distress shall be established to determine eligibility for the program. Each community shall be ranked by each distress index and any community which falls into the lowest twenty percent (20%) of at least three (3) of the four (4) indices shall be eligible to receive assistance. The four (4) indices are established as follows:
(1) Percent of tax levy to full value of property. This shall be computed by dividing the tax levy of each municipality by the full value of property for each municipality. For the 1990-91 fiscal year, tax levy and full value shall be as of the assessment date December 31, 1986.
(2) Per capita income. This shall be the most recent estimate reported by the U.S. Department of Commerce, Bureau of the Census.
(3) Percent of personal income to full value of property. This shall be computed by multiplying the per capita income above by the most recent population estimate as reported by the U.S. Department of Commerce, Bureau of the Census, and dividing the result by the full value of property.
(4) Per capita full value of property. This shall be the full value of property divided by the most recent estimate of population by the U.S. Department of Commerce, Bureau of the Census.
(c) Distribution of funds. Funds shall be distributed to each eligible community on the basis of the community's tax levy relative to the total tax levy of all eligible communities. For the fiscal year 1990-91, the reference year for the tax levy shall be the assessment date of December 31, 1988. For each fiscal year thereafter, except for fiscal year 2007-2008, the reference year and the fiscal year shall bear the same relationship. For the fiscal year 2007-2008 the reference year shall be the same as for the distributions made in fiscal year 2006-2007.
Any newly qualifying community shall be paid fifty percent (50%) of current law requirements the first year it qualifies. The remaining fifty percent (50%) shall be distributed to the other distressed communities proportionately. When any community falls out of the distressed community program, it shall receive a one-time payment of fifty percent (50%) of the prior year requirement exclusive of any reduction for first year qualification. The community shall be considered a distressed community in the fall-out year.
(d) Appropriation of funds. The state of Rhode Island shall
appropriate funds in the annual appropriations act to support this program. For
each of the fiscal years ending June 30, 2011,
and June 30, 2012, and June 30, 2013 seven hundred eighty-four
thousand four hundred fifty-eight dollars ($784,458) of the total appropriation
shall be distributed equally to each qualifying distressed community.
(e) Payments. Payments shall be made to eligible
communities each March equal to one half of the
appropriated amount and each August equal
to one half of the appropriated amount.
SECTION 3. Section 45-65-6 of the General Laws in Chapter 45-65 entitled “Retirement Security Act for Locally Administered Pension Funds” is hereby amended to read as follows:
45-65-6. Certification and notice requirements. -- (1) Every municipality that maintains a locally administered plan shall submit its initial annual actuarial valuation study to the study commission created herein under § 45-64-8 on or before April 1, 2012, and for each plan year ending on or after December 31, 2012, within six (6) months of completing such plan year. The initial actuarial experience study shall be submitted to the study commission on or before April 1, 2012, and subsequent actuarial experience studies must be submitted to the study commission no less frequently than once every three (3) years.
(2) In any case in which an actuary certifies that a locally administered plan is in critical status for a plan year, the municipality administering such a plan shall, not later than thirty (30) business days following the certification, provide notification of the critical status to the participants and beneficiaries of the plan and to the general assembly, the governor, the general treasurer, the director of revenue, and the auditor general. The notification shall also be posted electronically on the general treasurer's website. Within one hundred eighty (180) days of sending the critical status notice, the municipality shall submit to the study commission a reasonable alternative funding improvement plan to emerge from critical status.
(3) The state shall reimburse every municipality for fifty percent (50%) of the cost of undertaking its annual actuarial valuation study, which is due on April 1, 2012.
(4) Notwithstanding any other law to the contrary, the funding improvement plans and actuarial valuation studies submitted pursuant to this section shall be public records.
SECTION 4. This article shall take effect upon passage.
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ARTICLE 17 AS AMENDED
RELATING TO DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
SECTION 1. Sections 46-12-4 and 46-12-4.1 of the General Laws in Chapter 46-12 entitled “Water Pollution” are hereby repealed.
§ 46-12-4. Pollution monitoring
system. – The director shall establish a pollution monitoring system,
and a fee system for point source dischargers who discharge sewage into the
surface waters of the state. Money derived from the fee system shall be deposited
as general revenues. The director shall monitor the levels of conventional and
hazardous pollutants especially toxic pollutants discharged into the surface
waters and shall assess the impact thereof. Nothing herein shall be deemed to
apply to dredging, disposal of dredge materials and/or the transportation
thereof regulated under § 46-23-18 and/or 46-23-18.1.
§ 46-12-4.1. Fees – Limits –
Recovery of costs. – The fee established by the director pursuant to § 46-12-4
shall be based on the individual discharger's need for monitoring and the
effluent's potential for environmental degradation as determined by the
director; provided, however, that any fees charged dischargers shall be in
addition to and not substituted for funds appropriated by or monitoring
required by the state or federal government for similar purposes; and further
provided:
(1) The director shall annually adopt
by regulation, in accordance with the provisions of chapter 35 of title 42, the
maximum cost of the monitoring program for the next fiscal year. The fee
charged any discharger shall not exceed the actual cost of the pollution
monitoring program of that discharger.
(2) The operating authority for any
publicly owned treatment facility is hereby empowered to recover any costs
incurred under the provisions of this chapter, including administrative costs,
by levying an assessment on their customers. Money derived from the fees shall
be deposited as general revenues and shall be usable to match any federal funds
appropriated for these purposes.
SECTION 2. Sections 46-13.2-1, 46-13.2-2, 46-13.2-3, 46-13.2-4, 46-13.2-5, and 46-13.2-7 of the General Laws in Chapter 46-13.2 entitled “Drilling of Drinking Water Wells” are hereby amended to read as follows:
46-13.2-1. Definitions. -- For the purpose of this chapter:
(1) "Abandoned well" means a
well whose use has been permanently discontinued; (1) “Building official” means the local building official
authorized in accordance with section 23-27.3-107 or the state building code
commissioner authorized in accordance with section 23-27.3-108.2, as
applicable;
(2) "Board" means the Rhode Island well drilling contractors’
registration and licensing board;
(3) "Director" means the
director of the department of environmental management;
(4) "Groundwater" means
subsurface water;
(5)(3)"Person" means an individual,
partnership, corporation, association, or organization, or any combination
thereof;
(6)(4)"Well" means an artificial sanitary
excavation or opening in the ground, by which groundwater can be obtained or
through which it flows under natural pressure or is artificially withdrawn; and for the purposes of this chapter, excepting section
46-13.2-3(c), attached as an appurtenance to a building or structure.
(7)(5)"Well driller
drilling contractor" means a person
who engages in well drilling, including the installation pumps as provided herein;
(8)(6)"Well drilling" means and includes
the industry, procedure and all operations engaged in by any person, full-time
or part-time, for compensation or otherwise, to obtain water from a well or
wells by drilling, or other methods, for any purpose or use.
(7) "Appurtenance" means and includes the installation, alteration or repair of wells connected to a structure.
46-13.2-2. Rhode Island well drilling board. -- (a) There shall be a board to be known as the Rhode Island
well drilling board which shall advise the director according to this chapter.
The board shall consist of seven (7) residents of the state appointed by the
governor; one member shall be a member of the general public; three (3) members
shall be active well drillers or pump installers who shall have had at least
five (5) years experience as such; one member shall be an employee of the
department of health; one member shall be an employee of the department of
environmental management, environmental protection branch; and one member shall
be a hydrologist experienced in well construction; four (4) members shall
constitute a quorum.
(b) The board shall meet within thirty
(30) days after its members are first appointed, and, thereafter, at least
three (3) times a year. The board shall elect a chairperson and a secretary
annually from its membership. The secretary shall keep a complete record of all
meetings and proceedings of the board and shall perform the usual duties
pertaining to the office.
(c) No member of the board shall be
compensated for their service including state employees who shall only be
entitled to their usual and customary salary and not any additional
compensation.
46-13.2-2. Purpose. -- The purpose of this act is to promote public health and welfare and protect the environment by providing specifying standards for the installation of a well and providing a mechanism to ensure that all well drilling contractors conducting business in the state of Rhode Island have the requisite skills, training and experience necessary to safely and adequately install water wells within this state.
46-13.2-3.
Regulations. -- (a) For the purpose of
safeguarding the public health, the director, and the board shall promote and
encourage cooperation among well drillers and governmental agencies in the
development and protection of records of underground water formations and
resources. The director shall prepare and disseminate such information as may be
necessary for the benefit of the industry and the public.
(b) The director Rhode Island
building standards committee, pursuant to section 23-27.3-100.1.5
shall by no later than December 31, 2013
promulgate regulations incorporate in the appropriate portions of the state
building codes establishing
minimum standards for the location,
design, construction and installation, and maintenance of wells that are appurtenances to buildings in
consultation with the board, the
department of health, and the division of
statewide planning and the department of
environmental management, with due regard for the preservation of
public health, the preservation, allocation,
and management of the groundwater of the state, the
protection of the consuming public, and the maintenance of geological and other
scientific data protection of public
welfare and the environment.
(b) In those circumstances in which compliance with the requirements for locating a new or replacement well would result in undue hardship, property owners may seek a variance from any one or more of the siting requirements, in accordance with the following:
(1) Except as specified in (3), from the building code board of appeals authorized in the municipality with jurisdiction over the property on which the well is proposed;
(2) Except as specified in (3), in the absence of a local building code board of appeals, from the state building code board of appeals; and
(3) From the department of environmental management in all cases in which the well is proposed to be installed as part of an application for the new construction of or repair of an on-site wastewater disposal system. The appropriate authority specified above may grant a variance to the extent necessary to ameliorate the undue hardship and to the extent the exemption can be granted without impairing the intent and purpose of this chapter.
(c) Any regulations or amendments thereto promulgated by the
director under this chapter shall be submitted to the board for approval.
To protect public health and the environment, the
Rhode Island department of environmental management is authorized to promulgate
regulations applicable to the owners of on-site wastewater systems that limit
the installation of any type of well, including wells installed for irrigation
systems, near the on-site wastewater treatment systems on the owner’s property.
46-13.2-4.
Registration for
well drilling contractors and pump installers – Suspension or revocation. -- Registration and licensing
of well drilling contractors and pump installers. -- (a) Subject to the approval of the board, the director shall
establish registration requirements setting forth minimum standards for well
drilling contractors and pump installers. The well drilling contractors shall
be required to have ability and proficiency in the skill of well drilling
demonstrated by experience or training and sufficient financial resources to
have and maintain adequate tools and machines for the work. After the
publication of these regulations by the director, a person, before engaging in
the business of well drilling or pump installing, shall obtain a certificate of
registration annually as a well drilling contractor or pump installer. The
applicant shall pay a registration fee of two hundred dollars ($200) and an
annual renewal registration fee of one hundred dollars ($100). A certificate of
registration is not transferable and expires one year after issuance. After the
renewal date, a certificate of registration may be renewed only upon
application for renewal and payment of a late fee of ten dollars ($10.00) in
addition to the regular registration fee. A lost, destroyed, or mutilated
certificate may be replaced by a duplicate upon payment of a fee of two dollars
($2.00). One seal shall be issued to each registrant as provided in subsection
(b) of this section, and additional seals may be obtained at a fee of two
dollars ($2.00) each. No person shall
install a well or a pump within a water well unless registered or licensed with
the proper authorities in accordance with this chapter, section 5-65 and 5-65.2
of the Rhode Island general laws. Well drilling contractors are subject to the
jurisdiction of the contractors’ registration and licensing board including the
registration procedures of the board authorized by section 5-65 and in effect
at the time of passage of this act.
(b) A well drilling contractor or pump
installer shall place in a conspicuous location on both sides of his or her
well drilling machine or service rig, his or her registration number in letters
not less than two inches (2") high. A seal furnished by the director of
the department of environmental management designating the year the certificate
of registration was issued or renewed, and the words "Rhode Island
registered water well drilling contractor or pump installation contractor"
, shall be affixed directly adjacent to the registration number.
(c)(b) A municipality engaged in well drilling shall
be exempt from the registration or license
provisions of this chapter if the drilling is done by regular employees of, and
with equipment owned by, the municipality, and the work is on wells intended
for use by the municipality.
(d)(c) This chapter shall not restrict a plumber or
electrician from engaging in the trade for which he or she has been licensed.
(e) (1) A certificate of registration
may be refused, or a certificate of registration duly issued may be suspended
or revoked, or the renewal thereof refused by the director on the director's
own investigation and motion or upon motion of an interested party or motion of
the board if the director has good and sufficient reason to believe or finds
that the applicant for or the holder of a certificate has:
(1) Made a material misstatement in the
application for a registration or any application for renewal thereof; or
(ii) Obtained the registration through
willful fraud or misrepresentation; or
(iii) Demonstrated incompetency to act
as a well driller as determined by the director; or
(iv) Been guilty of failure to comply
with the provisions of this chapter or the rules and regulations issued
pursuant hereto; or
(v) Refused to file reports of wells
drilled as required by § 46-13.2-5; or
(vi) Has been found guilty by a court
of competent jurisdiction, of any fraud, deceit, gross negligence,
incompetence, or misconduct in the industry, operations, or business of well
drilling.
(2) Before any certificate of
registration shall be refused, suspended, or revoked, or the renewal thereof
refused, the director shall give notice of the intention to do so by registered
mail. Upon receipt of the notice, the person affected may, within ten (10)
days, request a hearing. No revocation or suspension of a registration shall
take place until the hearing is completed unless the director shall find
immediate revocation or suspension is necessary to avoid imminent peril to life
or property.
(3) Appeal from the decisions of the
director may be taken within thirty (30) days after the decision of the
commissioner, to the superior court in accordance with the provisions of §
42-35-15.
(f) The director shall prepare a roster
of all registered well drillers and pump installers and distribute the roster
annually to the local building inspector, if there is one, and the town clerk
of each town.
(g) Any well driller or pump installer
registered as of July 1, 1987, shall be deemed to be registered under this
chapter, but shall comply with the other provisions of this chapter.
(h) After one year from the date of
refusal or revocation of a certificate of registration, an application to register
may be made again by the person affected.
46-13.2-5. Record of
wells. -- (a) Within thirty (30) ten (10)
days after completion of a new or replacement
well, a well drilling contractor shall provide the owner, the board, the
building official and the department of health, the department of environmental management a record well
installation report conforming to the form, content, and means specified by the
department of health. indicating
This well installation report will at a minimum
indicate:
(1) The well owner's name and address,
(2) The physical location of the well,
(3) The well depth,
(4) The geologic materials and thickness of materials penetrated,
(5) The amount length and type of casing,
(6) The static water levels, and
(7) The results of a well yield test that conforms to industry standards, and
(7)(8) Any other additional
information which may be required by regulations
adopted under this chapter the
department of health.
(b) A record for a drive point well
where no earth materials are removed from the well bore shall be sufficient if
the owner's name, well location, depth, casing, static water level, and screen
data are indicated.
46-13.2-7.
Well constructed for farming or private use.
-- A landowner may drill construct his or her own well to provide water
for the consumption by himself or herself, his or her family, pets, livestock,
or for farming of his or her land where the water obtained shall not be
intended for use by the general public or in any residence other than the landowner's,
and the landowner shall not be required to be registered under § 46-13.2-4, but
must submit the drilling record a well installation report as required by §
46-13.2-5 and comply with all applicable regulations and codes of construction
adopted under this chapter and section 23-27.3 and
comply as applicable with requirements of section 23-1-5.3.
SECTION 3. Sections 46-13.2-6, 46-13.2-8, and 46-13.2-10 of the General Laws in Chapter 46-13.2 entitled “Drilling of Drinking Water Wells” are hereby repealed.
§ 46-13.2-6. Wells constructed
for oil, gas, brine, or mining. – Drilling, excavating, and pumping associated with the oil,
gas, or brine well industries, and the construction, quarrying, and mining
industries, and the disposal of any materials shall be subject to this chapter
only insofar as they relate to the pollution and depletion of underground water
resources.
§ 46-13.2-8. Exemptions. – Where the
director finds that compliance with all requirements of this chapter or
regulations adopted pursuant thereto would result in undue hardship, an
exemption from any one or more of the requirements may be granted by the
director to the extent necessary to ameliorate the undue hardship and to the
extent the exemption can be granted without impairing the intent and purpose of
this chapter.
§ 46-13.2-10. Violations. Any person who
engages in well drilling or offers to engage in well drilling, or advertises or
holds himself or herself out or acts temporarily or otherwise as a well
driller, without first having obtained the required certificate of
registration, and any person who violates any provisions of this chapter,
including, but not limited to, the accurate reporting of wells drilled, shall
be guilty of a misdemeanor and shall be punished by a fine of not more than
five hundred dollars ($500) or by imprisonment for not more than one year, and
each day that violation shall continue shall be deemed a separate offense.
SECTION 4. Sections 5-65-1, 5-65-3 and 5-65-5 of the General Laws in Chapter 5-65 entitled “Contractors’ Registration and Licensing Board” are hereby amended to read as follows:
5-65-1. Definitions. -- As used in this chapter:
(1) "Board" means the contractors' registration and licensing board established pursuant to the provisions of Rhode Island general laws section 5-65-14 or its designees.
(2) "Commission" means the building code commission supportive of the contractors' registration and licensing board.
(3) (i) "Contractor" means a person who, in the pursuit of an independent business, undertakes or offers to undertake or submits a bid, or for compensation and with or without the intent to sell the structure arranges to construct, alter, repair, improve, move over public highways, roads or streets or demolish a structure or to perform any work in connection with the construction, alteration, repair, improvement, moving over public highways, roads or streets or demolition of a structure, and the appurtenances thereto. For the purposes of this chapter, “appurtenances” includes the installation, alteration or repair of wells connected to a structure consistent with chapter 46-13.2. "Contractor" includes, but is not limited to, any person who purchases or owns property and constructs or for compensation arranges for the construction of one or more structures.
(ii) A certificate of registration is necessary for each "business entity" regardless of the fact that each entity may be owned by the same individual.
(4) "Dwelling unit" means a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
(5) "Hearing officer" means a person designated by the executive director, to hear contested claims or cases, contested enforcement proceedings, and contested administrative fines, in accordance with the Administrative Procedures Act, chapter 35 of title 42.
(6) "Monetary damages" means the dollar amount required in excess of the contract amount necessary to provide the claimant with what was agreed to be provided under the terms of the contract reduced by any amount due and unpaid to the respondent inclusive of any and all awards and restitution.
(7) "Staff" means the executive director for the contractors' registration and licensing board, and any other staff necessary to carry out the powers, functions and duties of the board including inspectors, hearing officers and other supportive staff.
(8) "State" means the state of Rhode Island.
(9) "Structure" means (i) any commercial building; or (ii) any building containing one or more residences and their appurtenances. The board's dispute resolution process shall apply only to residential structures containing dwelling units as defined in the state building code or residential portions of other types of buildings without regard to how many units any structure may contain. The board retains jurisdiction and may conduct hearings regarding violations against all contractors required to be registered or licensed by the board.
(10) "Substantially" means any violation, which affects the health, safety, and welfare of the general public.
5-65-3. Registration for work on a structure required of contractor -- Issuance of building permits to unregistered or unlicensed contractors prohibited -- Evidence of activity as a contractor -- Duties of contractors. -- (a) A person shall not undertake, offer to undertake, or submit a bid to do work as a contractor on a structure or arrange to have work done unless that person has a current, valid certificate of registration for all construction work issued by the board. A partnership, corporation, or joint venture may do the work, offer to undertake the work, or submit a bid to do the work only if that partnership, corporation, or joint venture is registered for the work. In the case of registration by a corporation or partnership, an individual shall be designated to be responsible for the corporation's or partnership's work. The corporation or partnership and its designee shall be jointly and severally liable for the payment of the registration fee, as requested in this chapter, and for violations of any provisions of this chapter. Disciplinary action taken on a registration held by a corporation, partnership, or sole proprietor may affect other registrations held by the same corporation, partnership, or sole proprietorship, and may preclude future registration by the principal of that business entity.
(b) A registered partnership or corporation shall notify the board in writing immediately upon any change in partners or corporate officers.
(c) A city, town, or the state shall not issue a building permit to anyone required to be registered under this chapter who does not have a current, valid certificate of registration identification card or valid license which shall be presented at the time of issuance of a permit and shall become a condition of a valid permit. Each city, town, or the state which requires the issuance of a permit as a condition precedent to construction, alteration, improvement, demolition, movement or repair of any building or structure or the appurtenance to the structure shall also require that each applicant for the permit file as a condition to issuing the permit a written affidavit subject to the penalties of perjury, subscribed by the applicant, that the applicant is registered under the provisions of this chapter, giving the number of the registration and stating that the registration is in full force and effect, or, if the applicant is exempt from the provisions of this chapter, listing the basis for the exemption. The city, town, or the state shall list the contractor's registration number on the permit obtained by that contractor, and if a homeowner is issued a permit, the building inspector or official must ascertain registration numbers of each contractor on the premises and shall inform the registration board of any non-registered contractors performing work at the site.
(d) Every city and town which requires the issuance of a business license as a condition precedent to engaging, within the city or town, in a business which is subject to regulation under this chapter, shall require that each licensee and each applicant for issuance or renewal of the license file, or has on file, with the city or town a signed statement that the licensee or applicant is registered under the provisions of this chapter and stating that the registration is in full force and effect.
(e) It shall be prima facie evidence of doing business as a contractor when a person for that person's own use performs, employs others to perform, or for compensation and with the intent to sell the structure, arranges to have performed any work described in section 5-65-1(3) if within any one twelve (12) month period that person offers for sale one or more structures on which that work was performed.
(f) Registration under this chapter shall be prima facie evidence that the registrant conducts a separate, independent business.
(g) The provisions of this chapter shall be exclusive and no city or town shall require or shall issue any registrations or licenses nor charges any fee for the regulatory registration of any contractor registered with the board. Nothing in this subsection shall limit or abridge the authority of any city or town to license and levy and collect a general and nondiscriminatory license fee levied upon all businesses, or to levy a tax based upon business conducted by any firm within the city or town's jurisdiction, if permitted under the laws of the state.
(h) (1) Every contractor shall maintain a list which shall include the following information about all subcontractors or other contractors performing work on a structure for that contractor:
(i) Names and addresses.
(ii) Registration numbers or other license numbers.
(2) The list referred to in subdivision (h)(1) of this subsection shall be delivered to the board within twenty-four (24) hours after a request is made during reasonable working hours, or a fine of twenty-five dollars ($25.00) may be imposed for each offense.
(i) The following subcontractors who are not employees of a registered contractor must obtain a registration certificate prior to conducting any work: (1) carpenters, including finish carpenters and framers; (2) siding installers; (3) roofers; (4) foundation installers, including concrete installers and form installers; (5) drywall installers; (6) plasterers; (7) insulation installers; (8) ceramic tile installers; (9) floor covering installers; (10) swimming pool installers, both above ground and in ground; (11) masons, including chimney installers, fireplace installers, and general masonry erectors. This list is not all inclusive and shall not be limited to the above referenced contractors. No subcontractor licensed by another in-state agency pursuant to section 5-65-2 shall be required to register, provided that said work is performed under the purview of that license.
(j) A contractor including, but not limited to, a general contractor, shall not hire any subcontractor or other contractor to work on a structure unless the contractor is registered under this chapter or exempt from registration under the provisions of section 5-65-2.
(k) A summary of this chapter, prepared by the board and provided at cost to all registered contractors, shall be delivered by the contractor to the owner when the contractor begins work on a structure; failure to comply may result in a fine.
(l) The registration number of each contractor shall appear in any advertising by that contractor. Advertising in any form by an unregistered contractor shall be prohibited, including alphabetical or classified directory listings, vehicles, business cards, and all other forms of advertisements. The violations could result in a penalty being assessed by the board per administrative procedures established.
(i) The board may publish, revoke or suspend registrations and the date the registration was suspended or revoked on a quarterly basis.
(ii) Use of the word "license" in any form of advertising when only registered may subject the registrant or those required to be registered to a fine of one hundred dollars ($100) for each offense at the discretion of the board.
(m) The contractor must see that permits required by the state building code are secured on behalf of the owner prior to commencing the work involved. The contractor's registration number must be affixed to the permit as required by the state building code.
(n) The board may assess an interest penalty of twelve percent (12%) annually when a monetary award is ordered by the board.
(o) All work performed, including labor and materials, in excess of one thousand dollars ($1,000) shall be accompanied by a contract in writing. Contracts required pursuant to this subsection shall include a location on or near the signature line location on or in which the parties to the contract shall initial to evidence the receipt of certain consumer education materials or information approved and provided by the board to the contractor. Said educational materials and/or information shall include, but not be limited to, the following notice and shall be provided by the contractor to the homeowner:
NOTICE OF POSSIBLE MECHANIC'S LIEN
To: Insert name of owner, lessee or tenant, or owner of less than the simple fee.
The undersigned is about to perform work and/or furnish materials for the construction, erection, alterations or repair upon the land at (INSERT ADDRESS) under contract with you. This is a notice that the undersigned and any other persons who provide labor and materials for the improvement under contract with the undersigned may file a mechanic's lien upon the land in the event of nonpayment to them. It is your responsibility to assure yourself that those other persons under contract with the undersigned receive payment for their work performed and materials furnished for the construction, erection, alteration or repair upon the land. Failure to adhere to the provisions of this subsection may result in a one thousand dollar ($1,000) fine against the contractor and shall not affect the right of any other person performing work or furnishing materials of claiming a lien pursuant to Chapter 34-28. However, such person failing to provide such notice shall indemnify and hold harmless any owner, lessee or tenant, or owner of less than the fee simple from any payment or costs incurred on account of any liens claims by those not in privity with them, unless such owner, lessee or tenant, or owner of less than the fee simple shall not have paid such person.
(p) Contracts entered into must contain notice of right of rescission as stipulated in all pertinent Rhode Island consumer protection laws.
(q) The contractor must stipulate whether or not all the proper insurances are in effect for each job contracted.
(r) Contractors who are in compliance with the provisions of this subsection shall be exempt from the requirements of section 34-28-4.1.
(s) In addition to the requirements of this chapter, contractors engaged in well drilling activities shall also be subject to regulations pertaining to licensing and registration promulgated by the contractors’ registration and licensing board pursuant to chapter 5-65.2 and section 46-13.2-4.
5-65-5. Registered application. -- (a) A person who wishes to register as a contractor shall submit an application, under oath, upon a form prescribed by the board. The application shall include:
(1) Workers' compensation insurance account number, or company name if a number has not yet been obtained, if applicable;
(2) Unemployment insurance account number if applicable;
(3) State withholding tax account number if applicable;
(4) Federal employer identification number, if applicable, or if self-employed and participating in a retirement plan;
(5) The individual(s) name and business address and residential address of:
(i) Each partner or venturer, if the applicant is a partnership or joint venture;
(ii) The owner, if the applicant is an individual proprietorship;
(iii) The corporation officers and a copy of corporate papers filed with the Rhode Island secretary of state's office, if the applicant is a corporation;
(iv) Post office boxes are not acceptable as the only address.
(6) A signed affidavit subject to the penalties of perjury of whether or not the applicant has previously applied for registration, or is or was an officer, partner, or venturer of an applicant who previously applied for registration and if so, the name of the corporation, partnership, or venture.
(7) Valid insurance certificate for the type of work being performed.
(b) A person may be prohibited from registering or renewing registration as a contractor under the provisions of this chapter or his or her registration may be revoked or suspended if he or she has any unsatisfied or outstanding judgments from arbitration, bankruptcy, courts and/or administrative agency against him or her relating to their work as a contractor, and provided, further, that an affidavit subject to the penalties of perjury shall be provided to the board attesting to the information herein.
(c) Failure to provide or falsified information on an application, or any document required by this chapter is punishable by a fine not to exceed ten thousand dollars ($10,000).
(d) Applicant must be at least eighteen (18) years of age.
(e) Satisfactory proof shall be provided to the board evidencing the completion of five (5) hours of continuing education units which will be required to be maintained by residential contractors as a condition of registration as determined by the board pursuant to established regulations.
(f) An affidavit issued by the board shall be completed upon registration or license or renewal to assure contractors are aware of certain provisions of this law and shall be signed by the registrant before a registration can be issued or renewed.
SECTION 5. Section 23-27.3-100.1.5 of the General Laws in Chapter 23-27.3 entitled “State Building Code” is hereby amended to read as follows:
23-27.3-100.1.5. Building code – Adoption and promulgation by committee. -- The state building standards committee has the authority to adopt, promulgate, and administer a state building code, which shall include: (a) provisions and amendments as necessary to resolve conflicts between fire safety codes and building codes, as provided for in § 23-28.01-6; and (b) a rehabilitation building and fire code for existing buildings and structures. The building code may be promulgated in several sections, with a section applicable to one and two (2) family dwellings, to multiple dwellings and hotels and motels, to general building construction, to plumbing including and to electrical. The building code shall incorporate minimum standards for the location, design, construction and installation of wells which are appurtenances to a building in applicable sections. For purposes of this chapter, "appurtenance" includes the installation, alteration or repair of wells connected to a structure consistent with chapter 46-13.2. The building code and the sections thereof shall be reasonably consistent with recognized and accepted standards adopted by national model code organizations and recognized authorities. To the extent that any state or local building codes, statutes, or ordinances are inconsistent with the Americans with Disabilities Act, Title III, Public Accommodations and Services Operated by Private Entities, 42 U.S.C. § 12181 et seq., and its regulations and standards, they are hereby repealed. The state building code standards committee is hereby directed to adopt rules and regulations consistent with the Americans with Disabilities Act, Title II and III (28 CFR 35 and 28 CFR 36, as amended), as soon as possible, but no later than February 15, 2012, to take effect on or before March 15, 2012. The state building code standards committee is hereby authorized and directed to update those rules and regulations consistent with the future revisions of the Americans with Disabilities Act Accessibility Standards.
SECTION 6. Title 5 of the General laws entitled “BUSINESSES AND PROFESSIONS” is hereby amended by adding thereto the following chapter:
CHAPTER 5-65.2
RHODE ISLAND WELL DRILLING CONTRACTORS LICENSING LAW
5-65.2-1. Short title. – This chapter shall be known and may be cited as the “Rhode Island Well Drilling Contractors Licensing Law”.
5-65.2-2. Definitions. – When used in this chapter:
(1) “Board” means the contractors’ registration and licensing board.
(2) “Person” means an individual, partnership, corporation, association, or organization, or any combination thereof.
(3) “Well” means an artificial sanitary excavation or opening in the ground, by which groundwater can be obtained or through which it flows under natural pressure or is artificially withdrawn; and for the purposes of this chapter attached as an appurtenance to a building or structure.
(4) “Well drilling contractor” means a person who engages in well drilling; including the installation of pumps as provided herein.
(5) “Well drilling” means and includes the industry, procedure and all operations engaged in by any person, full-time or part-time, for compensation or otherwise, to obtain water from a well or wells by drilling, or other methods, for any purpose or use.
5-65.2-3. Licensing procedure. – (a) In addition to the provisions of chapter 5-65, the contractors’ registration and licensing board is authorized to establish a program to license well drilling contractors to ensure persons performing well drilling work as properly qualified to conduct the work. On or before January 1, 2014, the board shall promulgate regulations to establish a licensing program that provides for appropriate categories of well drilling work to ensure proper qualifications pertaining to the use of different equipment and approaches to install wells and well pumps, and that will allow the well drilling contractor to fulfill the registration requirements of 5-65 through the licensing program. Upon promulgation of applicable regulations, the license issued by the board to a well drilling contractor shall serve to fulfill the contractor registration requirements of chapter 5-65.
(b) Pursuant to board regulations, all persons seeking to be qualified as a licensed well drilling professional shall submit an application to the contractors’ registration and licensing board on the form or forms that the board requires. As specified by the board, the application shall include the following information:
(1) The name of the applicant;
(2) The business address of the applicant;
(3) The mailing address of the applicant;
(4) The telephone number of the applicant;
(5) Any registration number and/or other license numbers issued by the state, or any city or town;
(6) A statement of the skills, training and experience of the applicant sufficient to ensure public safety, health and welfare; and
(7) Agent of service for out-of-state contractors.
(c) To be eligible for licensure as a well drilling contractor an applicant shall also fulfill the following requirements:
(1) Be of good moral character;
(2) Pass appropriate examinations approved or administered by the contractors’ registration and licensing board unless otherwise exempted in accordance with subsection 5-65-3(g) and has met all the requirements of the rules and regulations established by the board;
(3) Be in good standing with the contractors’ registration and licensing board;
(4) Take ten (10) hours continuing education per year as set forth and recognized by the contractors’ registration and licensing board;
(d) The contractors’ registration and licensing board is authorized to adopt rules and regulations pursuant to the Administrative Procedures Act, chapter 35 of title 42, necessary to effectuate the purpose of this chapter. Rules and regulations shall provide a fine schedule, which will establish grounds for discipline for license holders or non-licensed contractors. Fines shall be structured not to exceed five thousand ($5,000) dollars per day per offense for conduct injurious to the welfare of the public as well as those required pursuant to section 5-65-10.
(e) Any person applying for a license or registration and making any material misstatement as to his or her experience or other qualifications, or any person, firm, or corporation subscribing to or vouching for any misstatement shall be subject to the discipline and penalties provided in section 5-65-10.
(f) No corporation, firm, association, or partnership shall engage in the business of well drilling or represent itself as a well drilling contractor unless a licensed commercial well drilling professional as provided in this chapter is continuously engaged in the supervision of its well drilling work, provided that the well drilling professional is a general partner or an officer and shareholder in the firm or corporation. If the license holder dies or otherwise becomes incapacitated, the corporation, firm, or association shall be allowed to continue to operate until the next examination shall be given or such times as the board shall see fit. In no event, shall the corporation, firm, association, or partnership continue to operate longer than twelve (12) months or in accordance with the board’s established rules and regulations without satisfying the license requirements of this chapter.
(g) Those well drilling contractors who were previously registered with the department of environmental management, and remain in good standing as of December 31, 2012, and that were previously exempted from fulfilling the testing requirements required for registration by the department shall also be exempt form the testing requirements set forth in this chapter.
5-65.2-4. Fees. – All persons seeking a well drilling professional license shall submit a payment in the amount of two hundred dollars ($200), which shall support the licensing program, representing a license fee. All fines and fees collected pursuant to this chapter shall be deposited into a restricted receipt account for the exclusive use of supporting programs established by the board.
SECTION 7. Section 1 of this article shall take effect as of July 1, 2012. Sections 2, 3, 4, 5 and 6 of this article shall take effect as of January 1, 2013.
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art.018/3/018/2/018/1
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ARTICLE 18
RELATING TO OFFICE OF HEALTH AND HUMAN SERVICES
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, 42-7.2-12 and 42-7.2-16 of the General Laws in Chapter 42-7.2 entitled ”Office of Health and Human Services” are hereby amended to read as follows:
42-7.2-1. Statement of
intent.-- The purpose of this Chapter is to develop a
consumer-centered system of publicly-financed state administered health and
human services that supports access to high quality services, protects the
safety of the state's most vulnerable citizens, and ensures the efficient use
of all available resources by the five (5)
four (4) departments responsible for
the health and human services programs serving all Rhode Islanders and
providing direct assistance and support services to more than 250,000 individuals
and families: the department of children, youth, and families; the department of elderly affairs; the
department of health; the department of human services; and the department of mental health, retardation behavioral healthcare, developmental disabilities
and hospitals, collectively referred to within as "departments". It
is recognized that the executive office of health and human services and the
departments have undertaken a variety of initiatives to further this goal and
that they share a commitment to continue to work in concert to preserve and
promote each other's unique missions while striving to attain better outcomes
for all the people and communities they serve. However, recent and expected
changes in federal and state policies and funding priorities that affect the
financing, organization, and delivery of health and human services programs
pose new challenges and opportunities that have created an even greater need
for structured and formal interdepartmental cooperation and collaboration. To
meet this need while continuing to build on the achievements that have already
been made, the interests of all Rhode Islanders will best be served by
codifying in the state's general laws the purposes and responsibilities of the
executive office of health and human services and the position of secretary of
health and human services.
42-7.2-2. Executive
office of health and human services . --There is hereby established
within the executive branch of state government an executive office of health
and human services to serve as the principal agency of the executive branch of
state government for managing the departments of children, youth and families, elderly affairs, health, human services, and mental health, retardation behavioral healthcare, developmental disabilities
and hospitals. In this capacity, the office shall:
(a) Lead the state's five
four (4) health and human services
departments in order to:
(1) Improve the economy, efficiency, coordination, and quality of health and human services policy and planning, budgeting and financing.
(2) Design strategies and implement best practices that foster service access, consumer safety and positive outcomes.
(3) Maximize and leverage funds from all available public and private sources, including federal financial participation, grants and awards.
(4) Increase public confidence by conducting independent reviews of health and human services issues in order to promote accountability and coordination across departments.
(5) Ensure that state health and human services policies and programs are responsive to changing consumer needs and to the network of community providers that deliver assistive services and supports on their behalf.
(b) Supervise the administrations
of Administer the federal
and state medical assistance programs by acting
as in the capacity of the
single state agency authorized under title XIX of the U.S. Social Security act,
42 U.S.C. § 1396a et seq., notwithstanding any
general or public law or regulation to the contrary, and exercising exercise
such single state agency authority for such other federal and state programs as
may be designated by the governor. Except as provided for herein, nothing in
this chapter shall be construed as transferring to the secretary: (1) The the
powers, duties or functions conferred upon the departments by Rhode Island
general laws for the administration of the
foregoing federal and state programs; or (2) The administrative responsibility
for the preparation and submission of any state plans, state plan amendments, or
federal waiver applications, as may be approved from time to time by the
secretary with respect to the foregoing federal and state programs management and operations of programs or services
approved for federal financial participation under the authority of the
Medicaid state agency.
42-7.2-4.
Responsibilities of the secretary.-- (a) The secretary shall be
responsible to the governor for supervising the executive office of health and
human services and for managing and providing strategic leadership and direction
to the five four (4) departments.
(b) Notwithstanding the provisions set forth in this chapter, the governor shall appoint the directors of the departments within the executive office of health and human services. Directors appointed to those departments shall continue to be subject to the advice and consent of the senate and shall continue to hold office as set forth in §§ 42-6-1 et seq. and 42-72-1(c).
42-7.2-5. Duties of the secretary.--The secretary shall be subject to the direction and supervision of the governor for the oversight, coordination and cohesive direction of state administered health and human services and in ensuring the laws are faithfully executed, not withstanding any law to the contrary. In this capacity, the Secretary of Health and Human Services shall be authorized to:
(1) Coordinate the administration and financing of health care benefits, human services and programs including those authorized by the Global Consumer Choice Compact Waiver and, as applicable, the Medicaid State Plan under Title XIX of the US Social Security Act. However, nothing in this section shall be construed as transferring to the secretary the powers, duties or functions conferred upon the departments by Rhode Island public and general laws for the administration of federal/state programs financed in whole or in part with Medicaid funds or the administrative responsibility for the preparation and submission of any state plans, state plan amendments, or authorized federal waiver applications, once approved by the secretary.
(2) Serve as the governor's chief advisor and liaison to federal policymakers on Medicaid reform issues as well as the principal point of contact in the state on any such related matters.
(3) Review and ensure the coordination of any Global Consumer
Choice Compact Waiver requests and renewals as well as any initiatives and
proposals requiring amendments to the Medicaid state plan or category one (I) or two (II) or three (III) changes, as described in the
special terms and conditions of the Global Consumer Choice Compact Waiver with
the potential to affect the scope, amount or duration of publicly-funded health
care services, provider payments or reimbursements, or access to or the
availability of benefits and services as provided by Rhode Island general and
public laws. The secretary shall consider whether any such changes are legally
and fiscally sound and consistent with the state's policy and budget
priorities. The secretary shall also assess whether a proposed change is
capable of obtaining the necessary approvals from federal officials and
achieving the expected positive consumer outcomes. Department directors shall,
within the timelines specified, provide any information and resources the
secretary deems necessary in order to perform the reviews authorized in this
section;
(4) Beginning in 2006, prepare and submit to the governor, the chairpersons of the house and senate finance committees, the caseload estimating conference, and to the joint legislative committee for health care oversight, by no later than March 15 of each year, a comprehensive overview of all Medicaid expenditures outcomes, and utilization rates. The overview shall include, but not be limited to, the following information:
(i) Expenditures under Titles XIX and XXI of the Social Security Act, as amended;
(ii) Expenditures, outcomes and utilization rates by population and sub-population served (e.g. families with children, children with disabilities, children in foster care, children receiving adoption assistance, adults with disabilities, and the elderly);
(iii) Expenditures, outcomes and utilization rates by each state department or other municipal or public entity receiving federal reimbursement under Titles XIX and XXI of the Social Security Act, as amended; and
(iv) Expenditures, outcomes and utilization rates by type of service and/or service provider. The directors of the departments, as well as local governments and school departments, shall assist and cooperate with the secretary in fulfilling this responsibility by providing whatever resources, information and support shall be necessary.
(5) Resolve administrative, jurisdictional, operational, program, or policy conflicts among departments and their executive staffs and make necessary recommendations to the governor.
(6) Assure continued progress toward improving the quality, the economy, the accountability and the efficiency of state-administered health and human services. In this capacity, the secretary shall:
(i) Direct implementation of reforms in the human resources practices of the departments that streamline and upgrade services, achieve greater economies of scale and establish the coordinated system of the staff education, cross- training, and career development services necessary to recruit and retain a highly-skilled, responsive, and engaged health and human services workforce;
(ii) Encourage the departments to utilize consumer-centered approaches to service design and delivery that expand their capacity to respond efficiently and responsibly to the diverse and changing needs of the people and communities they serve;
(iii) Develop all opportunities to maximize resources by leveraging the state's purchasing power, centralizing fiscal service functions related to budget, finance, and procurement, centralizing communication, policy analysis and planning, and information systems and data management, pursuing alternative funding sources through grants, awards and partnerships and securing all available federal financial participation for programs and services provided through the departments;
(iv) Improve the coordination and efficiency of health and human services legal functions by centralizing adjudicative and legal services and overseeing their timely and judicious administration;
(v) Facilitate the rebalancing of the long term system by creating an assessment and coordination organization or unit for the expressed purpose of developing and implementing procedures across departments that ensure that the appropriate publicly-funded health services are provided at the right time and in the most appropriate and least restrictive setting; and
(vi) Strengthen health and human services program integrity, quality control and collections, and recovery activities by consolidating functions within the office in a single unit that ensures all affected parties pay their fair share of the cost of services and are aware of alternative financing.
(vii) Broaden access to publicly funded food and nutrition services by consolidating agency programs and initiatives to eliminate duplication and overlap and improve the availability and quality of services; and
(viii) Assure protective services are available to vulnerable elders and adults with developmental and other disabilities by reorganizing existing services, establishing new services where gaps exist and centralizing administrative responsibility for oversight of all related initiatives and programs.
(7) Prepare and integrate comprehensive budgets for the health and human services departments and any other functions and duties assigned to the office. The budgets shall be submitted to the state budget office by the secretary, for consideration by the governor, on behalf of the state's health and human services in accordance with the provisions set forth in § 35-3-4 of the Rhode Island general laws.
(8) Utilize objective data to evaluate health and human services policy goals, resource use and outcome evaluation and to perform short and long-term policy planning and development.
(9) Establishment of an integrated approach to interdepartmental information and data management that complements and furthers the goals of the CHOICES initiative and that will facilitate the transition to consumer-centered system of state administered health and human services.
(10) At the direction of the governor or the general assembly, conduct independent reviews of state-administered health and human services programs, policies and related agency actions and activities and assist the department directors in identifying strategies to address any issues or areas of concern that may emerge thereof. The department directors shall provide any information and assistance deemed necessary by the secretary when undertaking such independent reviews.
(11) Provide regular and timely reports to the governor and make recommendations with respect to the state's health and human services agenda.
(12) Employ such personnel and contract for such consulting services as may be required to perform the powers and duties lawfully conferred upon the secretary.
(13) Implement the provisions of any general or public law or regulation related to the disclosure, confidentiality and privacy of any information or records, in the possession or under the control of the executive office or the departments assigned to the executive office, that may be developed or acquired for purposes directly connected with the secretary's duties set forth herein.
(14) Hold the director of each health and human services department accountable for their administrative, fiscal and program actions in the conduct of the respective powers and duties of their agencies.
42-7.2-6. Departments assigned to the executive office - Powers and duties. --(a) The departments assigned to the secretary shall:
(1) Exercise their respective powers and duties in accordance with their statutory authority and the general policy established by the governor or by the secretary acting on behalf of the governor or in accordance with the powers and authorities conferred upon the secretary by this chapter;
(2) Provide such assistance or resources as may be requested or required by the governor and/or the secretary; and
(3) Provide such records and information as may be requested or required by the governor and/or the secretary to the extent allowed under the provisions of any applicable general or public law, regulation, or agreement relating to the confidentiality, privacy or disclosure of such records or information.
(4) Forward to the secretary copies of all reports to the governor.
(b) Except as provided herein, no provision of this chapter or
application thereof shall be construed to limit or otherwise restrict the
department of children, youth and families, the
department of elderly affairs, the department of health, the
department of human services, and the department of mental
health, retardation behavioral
healthcare, developmental disabilities and hospitals from fulfilling
any statutory requirement or complying with any valid rule or regulation.
42-7.2-6.1. Transfer of powers and functions.-- (a) There are hereby transferred to the executive office of health and human services the powers and functions of the departments with respect to the following:
(1) By July 1, 2007, fiscal services including budget preparation and review, financial management, purchasing and accounting and any related functions and duties deemed necessary by the secretary;
(2) By July 1, 2007, legal services including applying and interpreting the law, oversight to the rule-making process, and administrative adjudication duties and any related functions and duties deemed necessary by the secretary;
(3) By September 1, 2007, communications including those functions and services related to government relations, public education and outreach and media relations and any related functions and duties deemed necessary by the secretary;
(4) By March 1, 2008, policy analysis and planning including those functions and services related to the policy development, planning and evaluation and any related functions and duties deemed necessary by the secretary;
(5) By June 30, 2008, information systems and data management including the financing, development and maintenance of all data-bases and information systems and platforms as well as any related operations deemed necessary by the secretary;
(6) By October 1, 2009, assessment and coordination for long-term care including those functions related to determining level of care or need for services, development of individual service/care plans and planning, identification of service options, the pricing of service options and choice counseling; and
(7) By October 1, 2009, program integrity, quality control and collection and recovery functions including any that detect fraud and abuse or assure that beneficiaries, providers, and third-parties pay their fair share of the cost of services, as well as any that promote alternatives to publicly financed services, such as the long-term care health insurance partnership.
(8) By January 1, 2011, client protective services including any such services provided to children, elders and adults with developmental and other disabilities;
(9) [Deleted by P.L. 2010, ch. 23, art. 7, § 1].
(10) By July 1, 2012, the HIV/AIDS care and treatment programs.
(b) The secretary shall determine in collaboration with the department directors whether the officers, employees, agencies, advisory councils, committees, commissions, and task forces of the departments who were performing such functions shall be transferred to the office.
(c) In the transference of such functions, the secretary shall be responsible for ensuring:
(1) Minimal disruption of services to consumers;
(2) Elimination of duplication of functions and operations;
(3) Services are coordinated and functions are consolidated where appropriate;
(4) Clear lines of authority are delineated and followed;
(5) Cost-savings are achieved whenever feasible;
(6) Program application and eligibility determination processes are coordinated and, where feasible, integrated; and
(7) State and federal funds available to the office and the entities therein are allocated and utilized for service delivery to the fullest extent possible.
(d) Except as provided herein, no provision of this chapter or
application thereof shall be construed to limit or otherwise restrict the
departments of children, youth and families, human services, elderly affairs, health, and mental health, retardation behavioral healthcare, developmental disabilities,
and hospitals from fulfilling any statutory requirement or complying with any
regulation deemed otherwise valid.
(e) The secretary shall prepare and submit to the leadership of the house and senate finance committees, by no later than January 1, 2010, a plan for restructuring functional responsibilities across the departments to establish a consumer centered integrated system of health and human services that provides high quality and cost-effective services at the right time and in the right setting across the life-cycle.
42-7.2-12. Medicaid program study.-- (a) The secretary of the executive office of health and human services shall conduct a study of the Medicaid programs administered by the state to review and analyze the options available for reducing or stabilizing the level of uninsured Rhode Islanders and containing Medicaid spending.
(1) As part of this process, the study shall consider the flexibility afforded the state under the federal Deficit Reduction Act of 2006 and any other changes in federal Medicaid policy or program requirements occurring on or before December 31, 2006, as well as the various approaches proposed and/or adopted by other states through federal waivers, state plan amendments, public-private partnerships, and other initiatives.
(2) In exploring these options, the study shall examine fully the overall administrative efficiency of each program for children and families, elders and adults with disabilities and any such factors that may affect access and/or cost including, but not limited to, coverage groups, benefits, delivery systems, and applicable cost-sharing requirements.
(b) The secretary shall ensure that the study focuses broadly on
the Medicaid programs administered by the
executive office of health and human services and all five (5) of the state's five (5) four
(4) health and human services departments, irrespective of the
source or manner in which funds are budgeted or allocated. The directors of the
departments shall cooperate with the secretary in preparing this study and
provide any information and/or resources the secretary deems necessary to
assess fully the short and long-term implications of the options under review
both for the state and the people and the communities the departments serve.
The secretary shall submit a report and recommendations based on the findings
of the study to the general assembly and the governor no later than March 1,
2007.
42-7.2-16. Medicaid
System Reform 2008. -- (a) The executive office of health and human
services, in conjunction with the department of human services, the department of elderly affairs, the
department of children youth and families, the department of health and the
department of mental health, retardation
behavioral healthcare, developmental
disabilities, and hospitals, is authorized to design options that
reform the Medicaid program so that it is a person-centered, financially
sustainable, cost-effective, and opportunity driven program that: utilizes
competitive and value based purchasing to maximize the available service
options, promote accountability and transparency, and encourage and reward
healthy outcomes, independence, and responsible choices; promotes efficiencies
and the coordination of services across all health and human services agencies;
and ensures the state will have a fiscally sound source of publicly-financed
health care for Rhode Islanders in need.
(b) Principles and Goals. In developing and implementing
this system of reform, the executive office of health and human services and
the five (5) four (4) health and human services departments
shall pursue the following principles and goals:
(1) Empower consumers to make reasoned and cost-effective choices about their health by providing them with the information and array of service options they need and offering rewards for healthy decisions;
(2) Encourage personal responsibility by assuring the information available to beneficiaries is easy to understand and accurate, provide that a fiscal intermediary is provided when necessary, and adequate access to needed services;
(3) When appropriate, promote community-based care solutions by transitioning beneficiaries from institutional settings back into the community and by providing the needed assistance and supports to beneficiaries requiring long-term care or residential services who wish to remain, or are better served in the community;
(4) Enable consumers to receive individualized health care that is outcome-oriented, focused on prevention, disease management, recovery and maintaining independence;
(5) Promote competition between health care providers to ensure best value purchasing, to leverage resources and to create opportunities for improving service quality and performance;
(6) Redesign purchasing and payment methods to assure fiscal accountability and encourage and to reward service quality and cost-effectiveness by tying reimbursements to evidence-based performance measures and standards, including those related to patient satisfaction; and
(7) Continually improve technology to take advantage of recent innovations and advances that help decision makers, consumers and providers to make informed and cost-effective decisions regarding health care.
(c) The executive office of health and human services shall annually submit a report to the governor and the general assembly commencing on a date no later than July 1, 2009 describing the status of the administration and implementation of the Global Waiver Compact.
SECTION 2. Chapter 42-7.2 of the General Laws entitled ”Office of Health and Human Service” is hereby amended by adding thereto the following section:
42-7.2-17. Statutory reference to the office of health and human services.-- Notwithstanding other statutory references to the department of human services, wherever in the general or public laws, or any rule or regulation, any reference shall appear to the "department of human services" or to "department" as it relates to any responsibilities for and/or to Medicaid, unless the context otherwise requires, it shall be deemed to mean "the office of health and human services."
SECTION 3. Section 42-18-5 of the General Laws in Chapter 42-18 entitled "Department of Health" is hereby amended to read as follows:
42-18-5. Transfer of powers and functions from department of health. -- (a) There are hereby transferred to the department of administration:
(1) Those functions of the department of health which were administered through or with respect to departmental programs in the performance of strategic planning as defined in section 42-11-10(c);
(2) All officers, employees, agencies, advisory councils, committees, commissions, and task forces of the department of health who were performing strategic planning functions as defined in section 42-11-10(c); and
(3) So much of other functions or parts of functions and employees and resources, physical and funded, related thereto of the director of health as are incidental to and necessary for the performance of the functions transferred by subdivisions (1) and (2).
(b) There is hereby transferred to the department of human services the administration and management of the special supplemental nutrition program for women, infants, and children (WIC) and all functions and resources associated therewith.
(c) There is hereby transferred to the department of human services executive
office of health and human services the HIV/AIDS direct services programs care and treatment programs and all functions
and resources associated therewith. The
department of health shall retain the HIV surveillance and prevention programs
and all functions and resources associated therewith.
SECTION 4. Section 35-17-1 of the General Laws in Chapter 35-17 entitled "Medical Assistance and Public Assistance Caseload Estimating Conferences" is hereby amended to read as follows:
35-17-1. Purpose and membership. -- (a) In order to provide for a more stable and accurate method of financial planning and budgeting, it is hereby declared the intention of the legislature that there be a procedure for the determination of official estimates of anticipated medical assistance expenditures and public assistance caseloads, upon which the executive budget shall be based and for which appropriations by the general assembly shall be made.
(b) The state budget officer, the house fiscal advisor, and the senate fiscal advisor shall meet in regularly scheduled caseload estimating conferences (C.E.C.). These conferences shall be open public meetings.
(c) The chairpersonship of each regularly scheduled C.E.C. will rotate among the state budget officer, the house fiscal advisor, and the senate fiscal advisor, hereinafter referred to as principals. The schedule shall be arranged so that no chairperson shall preside over two (2) successive regularly scheduled conferences on the same subject.
(d) Representatives of all state agencies are to participate in all conferences for which their input is germane.
(e) The department of human services shall provide monthly data to
the members of the caseload estimating conference by the fifteenth day of the
following month. Monthly data shall include, but is not limited to, actual
caseloads and expenditures for the following case assistance programs: temporary assistance to needy families, SSI federal
program Rhode Island Works, and SSI state program, general public
assistance, and child care, state food
stamp program, and weatherization. The executive
office of health and human services report
shall include report relevant caseload
information and expenditures for the following medical assistance categories:
hospitals, long-term care, nursing homes, managed care, pharmacy, special
education, and all other medical services. In the category of managed
care, caseload information and expenditures for the following populations shall
be separately identified and reported: children with disabilities, children in
foster care, and children receiving adoption assistance. The information shall
include the number of Medicaid recipients whose estate may be subject to a
recovery, the anticipated recoveries from the estate and the total recoveries
collected each month.
SECTION 5. Chapter 40-6 of the General Laws entitled "Public Assistance Act" is hereby amended by adding thereto the following section:
40-6-27.2. Supplementary cash assistance payment for certain supplemental security income recipients. -- There is hereby established a $206 monthly payment for disabled and elderly individuals who, on or after July 1, 2012, receive the state supplementary assistance payment for an individual in state licensed assisted living residence under section 40-6-27 and further reside in an assisted living facility that is not eligible to receive funding under Title XIX of the Social Security Act, 42 U.S.C. section 1381 et seq.
SECTION 6. This article shall take effect on July 1, 2012.
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art.019/4/019/3/031/1
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ARTICLE 19 AS AMENDED
RELATING TO MEDICAID REFORM ACT OF 2008
SECTION 1. Rhode Island Medicaid Reform Act of 2008.
WHEREAS, The General Assembly enacted Chapter 12.4 of Title 42 entitled “The Rhode Island Medicaid Reform Act of 2008”; and
WHEREAS, A Joint Resolution is required pursuant to Rhode Island General Laws § 42-12.4-1, et seq.; and
WHEREAS, Rhode Island General Law § 42-12.4-7 provides that any change that requires the implementation of a rule or regulation or modification of a rule or regulation in existence prior to the implementation of the global consumer choice section 1115 demonstration (“the demonstration”) shall require prior approval of the general assembly; and further provides that any category II change or category III change as defined in the demonstration shall also require prior approval by the general assembly; and
WHEREAS, Rhode Island General Law § 42-7.2-5 provides that the Secretary of the Office of Health and Human Services is responsible for the “review and coordination of any Global Consumer Choice Compact Waiver requests and renewals as well as any initiatives and proposals requiring amendments to the Medicaid state plan or category I or II changes” as described in the demonstration, with “the potential to affect the scope, amount, or duration of publicly-funded health care services, provider payments or reimbursements, or access to or the availability of benefits and services provided by Rhode Island general and public laws”; and
WHEREAS, In pursuit of a more cost-effective consumer choice system of care that is fiscally sound and sustainable, the Secretary requests general assembly approval of the following proposals to amend the demonstration:
(a) Medicaid Managed Care Plan Refinements – New Components. The Medicaid single state agency proposes to reduce hospital readmissions, promote better health and nutrition and encourage non-invasive approaches to address obesity by incorporating a nutritional education and exercise component into the benefit package offered to certain Medicaid beneficiaries. Establishing a targeted benefit requires amendments to or new rules, regulations and procedures pertaining to coverage for the Medicaid populations affected as well as a Category II change to the Global Consumer Choice Compact Waiver in those areas where additional authority is warranted under the terms and conditions of the demonstration agreement;
(b) Medicaid Rate Change – Durable Medical Equipment. The Medicaid single state agency proposes to reduce the payment for durable medical equipment provided to beneficiaries to 85 percent of the Medicare payment rate. Implementation of this change requires a Category II change under the terms and conditions of the Global Consumer Choice Waiver. The Medicaid single state agency is instructed to review the appropriateness and relevance of its current package of approved durable medical equipment (DME) to ensure the equipment is accessible and reliable. The Medicaid single state agency is to consider the purchase of any additional or alternative equipment and is to explore group purchasing opportunities to access DME. The Medicaid single state agency is to review agreements with DME providers to ensure standards governing the maintenance and durability of DME are established and monitored; and
(c) Medicaid Requirements and Opportunities under U.S. Patient Protection and Affordable Care Act (ACA) of 2010. The Medicaid agency proposes to pursue any requirements and/or opportunities established under the ACA that may warrant a Category II or III change under the terms and conditions of the Global Consumer Choice Waiver. Any such actions the Medicaid agency takes shall not have an adverse impact on beneficiaries or cause there to be an increase in expenditures beyond the amount appropriated for state fiscal year 2013; now therefore, be it
RESOLVED, That the general assembly hereby approves proposals (a) through (c) listed above to amend the demonstration; and be it further
RESOLVED, That the secretary of the office of health and human services is authorized to pursue and implement any waiver amendments, category II or category III changes, state plan amendments and/or changes to the applicable department’s rules, regulations and procedures approved herein and as authorized by § 42-12.4-7; and be it further
RESOLVED, That this joint resolution shall take effect upon passage.
SECTION 2. The executive office of health and human services shall provide a report to the chairpersons of the house and senate finance committees by January 1, 2013 that analyzes and evaluates the current dental benefits program for Medicaid eligible individuals and includes the number of recipients, types of services provided, reimbursement rates and the settings. The report shall also examine the opportunities for improved quality, access and value of potential partnerships with private entities and shall propose a five (5) year plan for dental services for Medicaid-eligible adults.
SECTION 3. This article shall take effect upon passage.
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art.020/1
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ARTICLE 20 AS AMENDED
Relating To EAST BAY BRIDGE SYSTEM
SECTION 1. Title 24 of the General Laws entitled “HIGHWAYS” is hereby amended by adding thereto the following chapter:
CHAPTER 24-17
EAST BAY BRIDGE SYSTEM ACT OF 2012
24-17-1. Short Title. -- This chapter shall be known and may be cited as the “East Bay Bridge System Act of 2012”.
24-17-2. Legislative findings. -- The general assembly finds that:
(1) The State of Rhode Island, through the Rhode Island Department of Transportation (“RIDOT”), funds the repair, replacement, and maintenance of bridges in Rhode Island, except the Newport Bridge and the Mount Hope Bridge.
(2) Rhode Island depends on three primary sources for funding all transportation infrastructure construction, maintenance, and operations. These sources are Federal funds, State bond funds, and motor fuel tax revenue. Of these sources, two (Federal funds and motor fuel tax revenue) are mutable.
(3) The 2008 Governor’s Blue Ribbon Panel on Transportation Funding and the 2011 Senate Special Commission on Sustainable Transportation funding determined that there is insufficient revenue available from all existing sources to fund the maintenance and improvement of Rhode Island transportation infrastructure.
(4) In 2011, the Rhode Island general assembly adopted a component of the recommended systemic change to transportation funding by creating the Rhode Island Highway Maintenance Trust Fund, to be funded by an increase in license and registration fees and contributions from the Rhode Island Capital Plan (RICAP) fund, beginning in FY2014.
(5) Although the State is shifting from long-term borrowing to annual revenues to fund transportation infrastructure, there is still a funding gap between the revenue needed to maintain all roads and bridges in good condition and the annual amounts generated by current revenue sources.
(6) The State has sufficient financial resources to complete the construction of the new Sakonnet River Bridge and to demolish the existing Sakonnet River Bridge, but does not have sufficient financial resources to assure the future maintenance and operation of the Sakonnet River Bridge.
(7) There is limited access to and from Rhode Island’s East Bay, consisting of Bristol and Newport Counties, and this access is restricted both by geography and infrastructure. The most critical infrastructure includes the four bridges that comprise the access to Aquidneck Island and Conanicut Island. These four bridges make up less than half a percent of the total bridges in the state, but comprise approximately twenty percent of the deck area of all Rhode Island bridges.
(8) Two of the four bridges, the Sakonnet River Bridge and the Jamestown Verrazzano Bridge, are owned and maintained by RIDOT. The Rhode Island Turnpike and Bridge Authority (“RITBA”) currently owns and maintains the other two bridges: the Newport Bridge and the Mount Hope Bridge.
(9) In the current economic and political climate, cooperation between State departments and/or quasi-public agencies provides the best opportunity to maximize financial and knowledge-based resources.
(10) RITBA currently assesses a toll for passage over the Newport Bridge, and this toll serves as the sole source of revenue for RITBA to maintain both the Newport Bridge and the Mount Hope Bridge and related appurtenances.
(11) The Federal Highway Administration allows for the placement of tolls on certain transportation infrastructure in order to assure the improvement and proper operation and maintenance of the structure and associated roadways.
(12) The current toll structure places undue burden on the residents, businesses, and visitors who must use the Newport Bridge to access work, schools, shopping, and other essential services. It is crucial to establish a comprehensive strategy to fund and maintain the bridges connecting the East Bay.
(13) The transfer of the Sakonnet River Bridge and its appurtenances and the Jamestown Verrazzano Bridge and its appurtenances to the Rhode Island Turnpike and Bridge Authority would be in the best interests of the State of Rhode Island and its residents, particularly those living and working in the East Bay.
(14) The placement of a toll on the Sakonnet River Bridge, under the direction of RITBA, would serve to create a more viable means of funding future maintenance and repairs of the East Bay bridges and would allow for the establishment of a more equitable toll structure, along with a fund for capital transportation projects and preventive maintenance in the East Bay.
24-17-3. East Bay Infrastructure fund established. -- (a) There is hereby created a special account in the general fund to be known as the East Bay Infrastructure (EBI) fund.
(b) The fund shall consist of all those moneys which the Rhode Island Turnpike and Bridge Authority may and the state may, from time to time, direct to the fund, including, but not necessarily limited to, funds in excess of those required to (i) pay debt service payments, (ii) operate and maintain the bridges; and (iii) maintain required or adequate reserves.
(c) All funds collected pursuant to this section shall be deposited in the EBI fund and shall be used only in Bristol and Newport Counties, and only for the purposes set forth in this chapter.
(d) Unexpended balances and any earnings thereon shall not revert to the general fund but shall remain in the EBI fund. There shall be no requirement that moneys received into the EBI fund during any given calendar year or fiscal year be expended during the same calendar year or fiscal year.
(e) The EBI fund shall be administered by the director, who shall allocate and spend moneys from the fund only in accordance with the purposes and procedures set forth in this chapter.
SECTION 2. Section 24-8-28 of the General Laws in Chapter 24-8 entitled “Construction and Maintenance of State Roads” is hereby repealed.
§ 24-8-28 Sakonnet River stone bridge. – The department of transportation shall have full charge and
control of the operation and maintenance of the Rhode Island stone bridge
across Sakonnet River connecting the island of Rhode Island with the mainland,
and the bridge is hereby made a part of the state highway system. The
department shall appoint the attendants and other employees as may be required
for the care and operation of the bridge, and in all matters of the care,
operation, and maintenance of the bridge the department shall exercise full
authority. All appropriations for the care, maintenance, and repair of the
bridge shall be expended under the direction of the department.
SECTION 3. Sections 24-12-1, 24-12-5, 24-12-9, 24-12-18, 24-12-26, 24-12-28, 24-12-39 and 24-12-50 of the General Laws in Chapter 24-12 entitled “Rhode Island Bridge and Turnpike Authority” are hereby amended to read as follows:
24-12-1. Definitions. -- As used in this chapter, the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning:
(1) "Additional facility" means any bridge, (excluding the Sakonnet River Bridge), approach or feeder road, highway, road, freeway,
tunnel, overpass, or underpass, parking
facility or toll facility, in the state, equipment or signal and
information system, which the authority is authorized by this chapter or any
other law to construct, reconstruct, renovate, acquire, maintain, repair,
operate, or manage after May 3, 1954 or any portion thereof.
(2) "Annual period" means the one-year fiscal period of the state commencing on the first day of July of any year and ending the last day of June of the following year.
(3) "Authority" means the Rhode Island turnpike and bridge authority created by § 24-12-2, or, if the authority shall be abolished, the board, body, or commission succeeding to the principal functions thereof or upon whom the powers given by the chapter to the authority shall be given by law.
(4) "Cost" as applied to any project to be constructed, reconstructed, renovated, maintained, acquired, leased, repaired, operated or managed by the authority shall embrace the cost of construction, reconstruction, renovation, maintenance, repair, operation or management, the cost of the acquisition of all land, rights-of-way, property, rights, easements, and interests acquired by the authority for the construction, reconstruction, renovation, maintenance, repair, operation or management, the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which the buildings or structures may be moved, the cost of all machinery and equipment, financing charges, interest prior to and during construction, reconstruction, renovation, maintenance, repair, operation or management, and for one year after completion of construction, reconstruction, renovation, maintenance, repair, operation or management, cost of traffic estimates and of engineering and legal services, plans, specifications, surveys, estimates of cost and of revenues, other expenses necessary or incident to determining the feasibility or practicability of construction, reconstruction, renovation, maintenance, repair, operation or management, administrative expenses, and such other expenses as may be necessary or incident to the construction, reconstruction, renovation, maintenance, repair, operation or management, the financing of the construction, and the placing of the project in operation, and in connection with the Newport Bridge shall include the purchase price of the ferry franchise. The word "cost" as applied to any project which the authority may be authorized to acquire means the amount of the purchase price, lease payments, debt service payments, or the amount of any condemnation award in connection with the acquisition of the project, and shall include the cost of acquiring all the capital stock of the corporation owning the project, if such be the case, and the amount to be paid to discharge all of the obligations of the corporation in order to vest title to the project in the authority, the cost of improvements to the project which may be determined by the authority to be necessary prior to the financing thereof, interest during the period of construction of the improvements and for one year thereafter, the cost of all lands, properties, rights, easements, franchises, and permits acquired, the cost of engineering and legal services, plans, specifications, surveys, estimates of cost and of revenues, other expenses necessary or incident to determining the feasibility or practicability of the acquisition or improvement, administrative expenses, and such other expenses as may be necessary or incident to the financing of the acquisition or improvement and the placing of the project in operation by the authority.
(ii) "Cost" as applied to the Mount Hope Bridge means
such amount, if any, as the authority may deem necessary, following the
acquisition of a bridge under the provisions of § 24-12-40A, to place the
bridge in safe and efficient condition for its operation. And as applied to any
project constructed or acquired by the authority under the provisions of the
chapter, the word "cost" shall also include such amounts as the
authority may deem necessary for working capital and to create a debt service reserve for
interest.
(iii) "Cost" as applied to the Sakonnet River Bridge includes such amount, if any, as the authority may deem necessary, following the acquisition of the Sakonnet River Bridge under the provisions of subsection 24-12-40F, to place the bridge in safe and efficient condition for its operation. As applied to any project constructed or acquired by the authority under the provisions of the chapter, the word "cost" shall also include such amounts as the authority may deem necessary for capitalized interest, working capital and to create a debt service reserve.
(iv) “Cost” as applied to the Jamestown Verrazzano Bridge includes such amount, if any, as the authority may deem necessary, following the acquisition of the Jamestown Verrazzano Bridge under the provisions of subsection 24-12-40G, to place the bridge in safe and efficient condition for its operation. As applied to any project constructed or acquired by the authority under the provisions of the chapter, the word "cost" shall also include such amounts as the authority may deem necessary for capitalized interest, working capital and to create a debt service reserve.
(5) "Department" means the department of transportation, or, if the department shall be abolished, the board, body, or commission succeeding to the principal functions thereof or upon whom the powers given by chapter 5 of title 37 to the department shall be given by law.
(6) "Ferry franchise" means the existing franchises and rights to operate ferries belonging to the Jamestown and Newport ferry company, but not including any other intangible personal property or real estate or tangible personal property of the corporation which shall remain the property of the corporation.
(7) "Jamestown Bridge" means the existing former
bridge over the west passage of Narragansett Bay between the towns of Jamestown
and North Kingstown constructed by the Jamestown Bridge commission under the
provisions of chapter 2536 of the Public Laws, 1937 and the approaches thereto,
and shall embrace all tollhouses, administration, and other buildings and
structures used in connection therewith, together with all property, rights,
easements, and interests acquired by the Jamestown Bridge commission in
connection with the construction and operation of the bridge.
(8) "Jamestown Verrazzano Bridge" means any the
bridge constructed in replacement of the Jamestown Bridge, as defined in
subdivision (7) and the approaches thereto, and
shall embrace all tollhouses, administration, and other buildings and
structures used in connection therewith, together with all property, rights,
easements, and interests acquired by the authority in connection with the
construction and operation of such bridge.
(9) "Mount Hope Bridge" means the existing bridge between the towns of Bristol and Portsmouth and the approaches thereto, which was constructed by the Mount Hope Bridge corporation and which was acquired and is now owned and operated by the Mount Hope Bridge authority under the provisions of chapter 13 of this title, and shall embrace all tollhouses, administration, and other buildings and structures used in connection therewith, together with all property, rights, easements, and interests acquired by the Mount Hope Bridge corporation or the Mount Hope Bridge authority in connection with the construction and operation of the bridge.
(10) "Newport Bridge" means the bridge or tunnel or
combination of bridge and tunnel constructed or
to be constructed under the provisions of this chapter over or under the waters
of Narragansett Bay between Conanicut Island and the
island of Rhode Aquidneck
Island, shall embrace the substructure and the superstructure thereof and the
approaches thereto and the entrance plazas, interchanges, overpasses,
underpasses, tollhouses, administration, storage, and other buildings, and
highways connecting the bridge or tunnel with the Jamestown Verrazzano Bridge (defined in subdivision (7 8) and
with state highways as the authority may determine to construct from time to
time in connection therewith, together with all property, rights, easements,
and interests acquired by the authority for the construction and operation of
the bridge or tunnel or combination of bridge and tunnel.
(11) "Owner" means and include all individuals, incorporated companies, partnerships, societies, or associations, and also municipalities, political subdivisions, and all public agencies and instrumentalities, having any title or interest in any property, rights, easements, or franchises authorized to be acquired under the provisions of this chapter.
(12) "Project" means the "Newport Bridge," "Mount Hope Bridge," “Sakonnet River Bridge,” “ Jamestown Verrazzano Bridge”, the "turnpike" or any "additional facility," as the case may be, or any portion thereof which may be financed, acquired or leased under the provisions of this chapter.
(13) "Turnpike" means the controlled access highway or any portion thereof to be constructed or acquired, from time to time, under the provisions of this chapter from a point at or near the Connecticut-Rhode Island border through the county of Washington and the county of Newport to a point at or near the Massachusetts-Rhode Island border in the town of Tiverton (excluding the Jamestown Verrazzano Bridge, the Mount Hope Bridge, the Newport Bridge, and the Sakonnet River Bridge), together with all bridges (except those mentioned above), overpasses, underpasses, interchanges, entrance plazas, approaches, approach roads, tollhouses, service stations, and administration, storage, and other buildings and facilities which the authority may deem necessary for the operation of the turnpike, together with all property, rights, easements, and interests which may be acquired by the authority for the construction or the operation of the turnpike.
(14) "Sakonnet River Bridge" means the replacement Sakonnet River bridge constructed or to be constructed under the provisions of Article 36 of Chapter 376 of the Public Laws of 2003 between the towns of Tiverton and Portsmouth and shall embrace the substructure and the superstructure thereof and the approaches thereto and the toll structures, interchanges, overpasses, underpasses, tollhouses, administration, storage, and other buildings, and highways connecting the bridge with state highways, as the authority may determine to construct or acquire from time to time in connection therewith, together with all property, rights, easements, and interests acquired by the authority for the construction and operation of the bridge.
24-12-5. Power to
construct, reconstruct, renovate, acquire, maintain, repair, operate or manage
projects or additional facilities and to issue bonds. -- In order
to facilitate vehicular traffic, remove many of the present handicaps and
hazards on the congested highways in the state, alleviate the barriers caused
by large bodies of water, and promote the agricultural and industrial
development of the state, the Rhode Island turnpike and bridge authority is
hereby authorized and empowered: to construct the Newport Bridge, the turnpike,
any portion thereof or any additional facility hereafter authorized to be
constructed; to acquire the Mount Hope Bridge, to
acquire the Sakonnet River Bridge, to acquire the Jamestown Verrazzano Bridge
and any additional facility hereafter authorized to be acquired (except the Sakonnet River Bridge); to maintain,
construct, reconstruct, renovate, acquire, repair, operate or manage any
project or projects; and to issue bonds of the authority as provided in this
chapter to finance any project or projects; provided, however, that the Mount
Hope Bridge shall only be acquired as provided for by § 24-12-40A.
24-12-9. Powers of authority. -- (a) The authority is hereby authorized and empowered:
(1) To adopt bylaws for the regulation of its affairs and the conduct of its business;
(2) To adopt an official seal and alter it at pleasure;
(3) To maintain an office at such place or places within the state as it may designate;
(4) To sue and be sued in its own name, plead and be impleaded; provided, however, that any and all actions at law or in equity against the authority shall be brought only in the county in which the principal office of the authority shall be located;
(5) To determine, subject to the approval of the director of transportation, the location and the design standards of the Newport Bridge, the turnpike and any additional new facility to be constructed;
(6) To issue bonds of the authority for any of its purposes and to refund its bonds, all as provided in this chapter;
(7) To combine for financing purposes the Newport Bridge, the Mount Hope Bridge, the Sakonnet River Bridge, the Jamestown Verrazzano Bridge, the turnpike and any additional facility or facilities, or any two (2) or more of such projects;
(8) To borrow money in anticipation of the issuance of bonds for any of its purposes and to issue notes, certificates, or other evidences of borrowing in form as may be authorized by resolution of the authority, the notes, certificates, or other evidence of borrowing to be payable in the first instance from the proceeds of any bonds issued under the provisions of this chapter and to contain on their face a statement to the effect that neither the state, the authority nor any municipality or other political subdivision of the state shall be obligated to pay the same or the interest thereon except from the proceeds of bonds in anticipation of the issuance of which the notes, certificates, or other evidences of borrowing shall have been issued, or from revenues;
(9) To fix and revise from time to time, subject to the provisions of this chapter, and to charge and collect tolls for transit over the turnpike and the several parts or sections thereof, and for the use of the Newport Bridge, the Mount Hope Bridge, the Sakonnet River Bridge, the Jamestown Verrazzano Bridge and any additional facility acquired, financed or leased under the provisions of this chapter;
(10) To acquire, lease, hold and dispose of real and personal property in the exercise of its powers and the performance of its duties;
(11) To acquire in the name of the authority by purchase or otherwise, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the rights of condemnation in the manner as provided by this chapter, public or private lands, including public parks, playgrounds, or reservations, or parts thereof or rights therein, rights-of-way, property, rights, easements and interests as it may deem necessary for carrying out the provisions of this chapter; provided, however, that all public property damaged in carrying out the powers granted by this chapter shall be restored or repaired and placed in its original condition as nearly as practicable;
(12) To designate the locations, with the approval of the director of transportation, and establish, limit and control the points of ingress to and egress from the turnpike and any additional facility as may be necessary or desirable in the judgment of the authority to insure the proper operation and maintenance thereof, and to prohibit entrance to and exit from any point or points not so designated;
(13) To employ, in its discretion, consulting engineers, attorneys, accountants, construction and financial experts, superintendents, managers, and such other employees and agents as may be necessary in its judgment, and to fix their compensation;
(14) To apply for, receive and accept from any federal agency aid and/or grants for or in aid of the repair, maintenance and/or construction of the turnpike, the Newport Bridge, the Sakonnet River Bridge, the Mount Hope Bridge, the Jamestown Verrazzano Bridge or any additional facility, and to receive and accept from the state, from any municipality, or other political subdivision thereof and from any other source aid or contributions of either money, property, labor or other things of value, to be held, used and applied only for the purposes for which the grants and contributions may be made;
(15) To construct grade separations at intersections of the turnpike, the approaches and highway connections of the Newport Bridge, the Sakonnet River Bridge, the Mount Hope Bridge, the Jamestown Verrazzano Bridge and any additional facility with public highways, streets, or other public ways or places, and to change and adjust the lines and grades thereof so as to accommodate the same to the design of the grade separation; the cost of the grade separations and any damage incurred in changing and adjusting the lines and grades of the highways, streets, ways, and places shall be ascertained and paid by the authority as a part of the cost of the project;
(16) To vacate or change the location of any portion of any public highway, street, or other public way or place, sewer, pipe, main, conduit, cable, wire, tower, pole, and other equipment and appliance of the state or of any municipality or other political subdivision of the state and to reconstruct the same at such new location as the authority shall deem most favorable for the project and of substantially the same type and in as good condition as the original highway, street, way, place, sewer, pipe, main, conduit, cable, wire, tower, pole, equipment, or appliance, and the cost of the reconstruction and any damage incurred in vacating or changing the location thereof shall be ascertained and paid by the authority as a part of the cost of the project; any public highway, street or other public way or place vacated or relocated by the authority shall be vacated or relocated in the manner provided by law for the vacation or relocation of public roads, and any damages awarded on account thereof shall be paid by the authority as a part of the cost of the project;
(17) The authority shall also have the power to make reasonable regulations, subject to the approval of the public utility administrator, for the installation, construction, maintenance, repair, renewal, relocation and removal of tracks, pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances (herein called "public utility facilities") of any public utility as defined in § 39-1-2, in, on, along, over or under any project. Whenever the authority shall determine that it is necessary that any public facilities which now are, or hereafter may be, located in, on, along, over, or under any project should be relocated in the project, or should be removed from the project, the public utility owning or operating the facilities shall relocate or remove the facilities in accordance with the order of the authority; provided, however, that the cost and expenses of the relocation or removal, including the cost of installing the facilities in a new location, or new locations, and the cost of any lands, or any rights or interests in lands, and any other rights acquired to accomplish the relocation or removal, less the cost of any lands or any rights or interests in lands of any other rights of the public utility paid to the public utility in connection with the relocation or removal of the property, shall be ascertained and paid by the authority as a part of the cost of the project. In case of any relocation or removal of facilities the public utility owning or operating the facilities, its successors or assigns, may maintain and operate the facilities, with the necessary appurtenances, in the new location or new locations, for as long a period, and upon the same terms and conditions, as it had the right to maintain and operate the facilities in their former location or locations;
(18) To make reasonable regulations and to grant easements for the installation, construction, maintenance, repair, renewal, relocation, and removal of pipelines, other equipment, and appliances of any corporation or person owning or operating pipelines in, on, along, over, or under the turnpike, whenever the authority shall determine that it is necessary that any facilities which now are, or hereafter may be located in, on, along, over or under the turnpike should be relocated in the turnpike, or should be removed from the turnpike, the corporation or person owning or operating the facilities shall relocate or remove the facilities in accordance with the order of the authority; provided, however, that the cost and expense of the relocation or removal, including the cost of installing the facilities in a new location, or new locations, and the cost of any lands, or any rights or interests in lands, and any other rights acquired to accomplish the relocation or removal, less the cost of any lands or any rights or interests in lands or any other rights of any corporation or person paid to any corporation or person in connection with the relocation or removal of the property, shall be ascertained and paid by the authority as a part of the cost of the project. In case of any relocation or removal of facilities the corporation or person owning or operating the facilities, its successors or assigns, may maintain and operate the facilities, with the necessary appurtenances, in the new location or new locations, for as long a period, and upon the same terms and conditions, as it had the right to maintain and operate the facilities in their former location or locations;
(19) To enter upon any lands, waters, and premises for the purpose of making such surveys, soundings, borings, and examinations as the authority may deem necessary or convenient for its purposes, and the entry shall not be deemed a trespass, nor shall an entry for such purposes be deemed an entry under any condemnation proceedings; provided, however, the authority shall pay any actual damage resulting to the lands, water, and premises as a result of the entry and activities as a part of the cost of the project;
(20) To enter into contracts or agreements with any board, commission, public instrumentality of another state or the federal government or with any political subdivision of another state relating to the connection or connections to be established between the turnpike or any additional facility with any public highway or turnpike now in existence or hereafter to be constructed in another state, and with respect to the construction, maintenance and operation of interstate turnpikes or expressways;
(21) To enter into contracts with the department of transportation with respect to the construction, reconstruction, renovation, acquisition, maintenance, repair, mitigation, remediation, operation or management of any project and with the Rhode Island state police with respect to the policing of any project;
(22) To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter; and
(23) To do all other acts and things necessary or convenient to carry out the powers expressly granted in this chapter.
(24) To grant and/or contract through the transfer of funds of the authority to the department of transportation for the construction, reconstruction, acquisition, maintenance, repair, operation or management by the department of transportation of any project or projects authorized by this chapter, and the department of transportation is authorized to accept any such grant or transfer of funds.
(b) Provided, the authority in carrying out the provisions of this
section shall hold public hearings in the city or
town where a proposed project will be located prior to the
finalization of any specifications or the awarding of any contracts for any
project.
24-12-18. Bonds. --
(a) Issuance and sale of revenue bonds. Subject
to the provisions of §§24-12-21 24-12-24 tThe authority is hereby authorized to provide by
resolution for the issuance, at one time or in series from time to time, of
revenue bonds of the authority for the purpose of paying all or a part of the
cost of any one or more projects, the construction, reconstruction, renovation,
acquisition, maintenance, repair, operation or management of which is
authorized by this chapter, and making provision for working capital and a debt service reserve for
interest. The principal of and the interest on the bonds shall be
payable solely from the funds herein provided for the payment. The bonds of
each issue shall be dated, shall bear interest at such rate or rates per annum,
shall mature at such time or times not exceeding fifty (50) years from their
date or dates, as may be determined by the authority, and may be made
redeemable before maturity, at the option of the authority, at such price or
prices and under such terms and conditions as may be fixed by the authority
prior to the issuance of the bonds. The authority may sell such bonds in such
manner, either at public or private sale, and for such price, as it may
determine to be for the best interests of the authority, but no such sale shall be made at a price less than
ninety-seven percent (97%) of the principal amount of the bonds.
(b) Form and execution of all bonds. The authority shall determine the form and the manner of execution of all bonds issued under the provisions of this chapter, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of the principal and interest, which may be at any bank or trust company within or without the state. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds or coupons shall cease to be an officer before the delivery of the bonds, the signature or the facsimile shall nevertheless be valid and sufficient for all purposes the same as if the officer had remained in office until the delivery, and any bond may bear the facsimile signature of, or may be signed by, the persons as at the actual time of the execution of the bond shall be the proper officers to sign the bond although at the date of the bond the persons may not have been the officers. The bonds may be issued in coupon or in registered form, and in certificated or book entry only form as the authority may determine, and provision may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest, for the reconversion into coupon bonds of any bonds registered as to both principal and interest, and for the interchange of registered and coupon bonds.
24-12-26. Power to collect tolls and charges – Gasoline and service concessions. -- (a) The authority is hereby authorized, subject to the provisions of this chapter, to fix, revise, charge and collect tolls for the use of the Newport Bridge, the Mount Hope Bridge, the Sakonnet River Bridge (subject to federal regulations and approvals), the turnpike and the different parts or sections thereof, and for the use of any additional facility and the different parts or sections thereof, and to contract with any person, partnership, association or corporation for placing on any project telephone, telegraph, electric light or power lines, gas stations, garages, and restaurants if deemed necessary by the authority in connection with the project, or for the use of any project or part thereof, including the right-of-way adjoining the paved portion of the turnpike or of any additional facility or for any other purposes and to fix the terms, conditions, rents and rates of charges for such use; provided, that the authority shall construct any gasoline service facilities which it may determine are needed on the project, and provided, further, that, to afford users of the project a reasonable choice of motor fuels of different brands, each gasoline service station shall be separately offered for lease upon sealed bids and, after notice of the offer has been published once a week in three (3) consecutive weeks in a newspaper having general circulation in the state, and, in the event an acceptable bid shall be received in the judgment of the authority, each lease shall be awarded to the highest responsible bidder therefor, but no person shall be awarded or have the use of, nor shall motor fuel identified by the trade-marks, trade names, or brands of any one supplier, distributor, or retailer of such fuel be sold at more than one service station if they would constitute more than twenty-five percent (25%) of the service stations on the project. Notwithstanding the provisions of this section, members of the town of Jamestown police and fire department and ambulance service personnel of the town of Jamestown and Jamestown school department who, in the course of their duty, are required to pay a toll for use of the Newport Bridge, shall, upon the presentment of receipts for the payment of the toll to the town of Jamestown, be reimbursed for all charges on an annual basis by the town of Jamestown who in turn shall be reimbursed for all payments made by the state. Notwithstanding the provisions of this section, members of the city of Newport police and fire department and rescue personnel who, in the course of their duty, are required to pay a toll for use of the Newport Bridge, shall, upon the presentment of receipts for the payment of the toll to the city of Newport, be reimbursed for all charges on an annual basis by the city of Newport who in turn shall be reimbursed for all payments made by the state.
(b) Notwithstanding the provisions of this section, members of the police and fire department and rescue personnel of any city or town in this state who, in the course of their duty, are required to pay a toll for use of the Mount Hope Bridge or the Sakonnet River Bridge, shall, upon the presentment of receipts for the payment of the toll to their town or city, be reimbursed for all such charges on an annual basis by the town or city, who in turn shall be reimbursed for all payments made by the state.
24-12-28. Revenues
pledged to sinking fund. -- To the extent provided in the
resolution authorizing the issuance of bonds or
finance lease or in the trust agreement securing the same, the tolls
and all other revenues received by the authority
derived from the project or projects or portion or
portions in connection with which the bonds of any one or more series shall
have been issued, shall be set aside at such regular intervals as
may be provided in the resolution or the trust agreement in a sinking fund or
funds which shall be pledged to, and charged with, the payment of the lease payments and/or of the principal of
and the interest on the bonds as the bonds shall become due, and the redemption
price or the purchase price of bonds or other obligations
retired by call or purchase as provided in the resolution or trust agreement.
The pledge shall be valid and binding from the time when the pledge is made;
the tolls and other revenues or other money so pledged and thereafter received
by the authority shall immediately be subject to the lien of the pledge without
any physical delivery thereof or further act, and the lien of any pledge shall
be valid and binding as against all parties having claims of any kind in tort,
contract, or otherwise against the authority, irrespective of whether the
parties have notice thereof. Neither the resolution nor any trust agreement by
which a pledge is created need be filed or recorded except in the records of
the authority. The use and disposition of money to the credit of each sinking
fund shall be subject to the provisions of the resolution authorizing the
issuance of the lease, the bonds or of
the trust agreement. Notwithstanding any
provision(s) of Section 3 of Article 6 of Chapter 23 of the Public Laws of
2010, the provisions of this section shall apply to all bonds issued or to be
issued by the authority.
24-12-39. Transfer of
projects to state – Dissolution of authority.-- When all bonds issued
under the provisions of this chapter and the interest thereon shall have been
paid or a sufficient amount for the payment of all the bonds and the interest
thereon to the maturity thereof shall have been set aside in trust for the
benefit of the bondholders, all projects financed under the provisions of this
chapter shall may
be transferred to the state in good condition and repair, and thereupon the
authority shall be dissolved and all funds of the authority not required for
the payment of bonds shall be paid to the general treasurer for the use of the
state and all machinery, equipment and other property belonging to the
authority shall be vested in the state and delivered to the department of
transportation.
24-12-50. Relationship to department of transportation. -- (a) The department of transportation is hereby constituted as the agency for the authority in carrying out all of the powers to construct, acquire, operate, and maintain turnpikes and bridges as conferred by the general laws upon the authority.
(b) Nothing in chapter 13 of title 42 or in this amendment to chapter
12 of title 24 shall limit the discretions, powers, and authorities of the
Rhode Island turnpike and bridge authority necessary or desirable for it to
execute and carry out the covenants, agreements, duties, and liabilities
assumed by it in the trust agreement by and between the authority and the Rhode Island hospital trust company, as the then serving trustee under indenture dated as of December 1,
1965 April 1, 2010, as
supplemented from time to time, nor shall these chapters be construed in any
way to affect the rights, privileges, powers, and remedies of any trustee the Rhode
Island hospital trust company and its successors, or of the holders
of the bonds issued under any indenture, or under any resolutions of the
authority.
SECTION 4. Chapter 24-12 of the General Laws entitled “Rhode Island Turnpike and Bridge Authority” is hereby amended by adding thereto the following sections:
24-12-40.F. Title to Sakonnet River Bridge vested in Rhode Island turnpike and bridge authority – Institution of tolls. -- All powers, control, and jurisdiction of and title to the Sakonnet River Bridge is authorized to be transferred to the Rhode Island turnpike and bridge authority. The authority may charge and collect tolls for the use of the Sakonnet River Bridge to provide funds sufficient with any other monies available therefor for paying the costs of acquiring, leasing, maintaining, repairing and operating, the Jamestown Verrazzano Bridge, the Mount Hope Bridge, the Newport Bridge, and the Sakonnet River Bridge, the turnpike and additional facilities.
24-12-40.G. Title to Jamestown Verrazzano Bridge vested in Rhode Island turnpike and bridge authority -- All powers, control, and jurisdiction of and title to the Jamestown Verrazzano Bridge is authorized to be transferred to the Rhode Island turnpike and bridge authority.
SECTION 5. This article shall take effect upon passage.
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art.021/8/021/7/021/6/021/5/021/4/021/3/021/2/024/1
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ARTICLE 21 AS AMENDED
RELATING TO TAXATION AND REVENUES
SECTION 1. Section 23-17-38.1 of the General Laws in Chapter 23-17 entitled “Licensing of Health Care Facilities” is hereby amended to read as follows:
23-17-38.1. Hospitals
– Licensing fee. -- (a) There is
imposed a hospital licensing fee at the rate of five and four hundred
sixty-five thousandths percent (5.465%) upon the net patient services revenue
of every hospital for the hospital's first fiscal year ending on or after
January 1, 2009. This licensing fee shall be administered and collected by the
tax administrator, division of taxation within the department of
administration, and all the administration, collection and other provisions of
chapters 50 and 51 of title 44 shall apply. Every hospital shall pay the
licensing fee to the tax administrator on or before July 18, 2011 and payments
shall be made by electronic transfer of monies to the general treasurer and
deposited to the general fund in accordance with § 44-50-11 [repealed]. Every
hospital shall, on or before June 20, 2011, make a return to the tax
administrator containing the correct computation of net patient services
revenue for the hospital fiscal year ending September 30, 2009, and the
licensing fee due upon that amount. All returns shall be signed by the
hospital's authorized representative, subject to the pains and penalties of
perjury.
(b)(a) There is also
imposed a hospital licensing fee at the rate of five and forty-three hundredths
percent (5.43%) upon the net patient services revenue of every hospital for the
hospital's first fiscal year ending on or after January 1, 2010. This licensing
fee shall be administered and collected by the tax administrator, division of
taxation within the department of administration, and all the administration,
collection and other provisions of chapters 50 and 51 of title 44 shall apply.
Every hospital shall pay the licensing fee to the tax administrator on or
before July 16, 2012 and payments shall be made by electronic transfer of
monies to the general treasurer and deposited to the general fund in accordance
with section 44-50-11 [repealed]. Every hospital shall, on or before June 18,
2012, make a return to the tax administrator containing the correct computation
of net patient services revenue for the hospital fiscal year ending September
30, 2010, and the licensing fee due upon that amount. All returns shall be
signed by the hospital's authorized representative, subject to the pains and
penalties of perjury.
(b) There is also imposed a hospital licensing fee at the rate of five and thirty-five hundredths percent (5.35%) upon the net patient services revenue of every hospital for the hospital's first fiscal year ending on or after January 1, 2011, except that the license fee for all hospitals located in Washington County, Rhode Island shall be discounted by thirty-seven percent (37%). The discount for Washington County hospitals is subject to approval by the Secretary of the US Department of Health and Human Services of a state plan amendment submitted by the Executive Office of Health and Human Services for the purpose of pursuing a waiver of the uniformity requirement for the hospital license fee. This licensing fee shall be administered and collected by the tax administrator, division of taxation within the department of revenue, and all the administration, collection and other provisions of 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax administrator on or before July 15, 2013 and payments shall be made by electronic transfer of monies to the general treasurer and deposited to the general fund. Every hospital shall, on or before June 17, 2013, make a return to the tax administrator containing the correct computation of net patient services revenue for the hospital fiscal year ending September 30, 2011, and the licensing fee due upon that amount. All returns shall be signed by the hospital's authorized representative, subject to the pains and penalties of perjury.
(c) For purposes of this section the following words and phrases have the following meanings:
(1) "Hospital" means a person or governmental unit duly licensed in accordance with this chapter to establish, maintain, and operate a hospital, except a hospital whose primary service and primary bed inventory are psychiatric.
(2) "Gross patient services revenue" means the gross revenue related to patient care services.
(3) "Net patient services revenue" means the charges related to patient care services less (i) charges attributable to charity care, (ii) bad debt expenses, and (iii) contractual allowances.
(d) The tax administrator shall make and promulgate any rules, regulations, and procedures not inconsistent with state law and fiscal procedures that he or she deems necessary for the proper administration of this section and to carry out the provisions, policy and purposes of this section.
(e) The licensing fee imposed by this section shall apply to
hospitals as defined herein which are duly licensed on July 1, 2011 2012,
and shall be in addition to the inspection fee imposed by § 23-17-38 and to any
licensing fees previously imposed in accordance with § 23-17-38.1.
SECTION 2. Title 44 of the General Laws entitled “TAXATION” is hereby amended by adding thereto the following chapter:
CHAPTER 44-6.4
2012 RHODE ISLAND TAX AMNESTY ACT
44-6.4-1. Short title. -- This chapter shall be known as the "2012 Rhode Island Tax Amnesty Act".
44-6.4-2. Definitions. -- As used in this chapter, the following terms have the meaning ascribed to them in this section, except when the context clearly indicates a different meaning:
(1) "Taxable period" means any period for which a tax return is required by law to be filed with the tax administrator;
(2) "Taxpayer" means any person, corporation, or other entity subject to any tax imposed by any law of the state of Rhode Island and payable to the state of Rhode Island and collected by the tax administrator.
44-6.4-3. Establishment of tax amnesty. -- (a) The tax administrator shall establish a tax amnesty program for all taxpayers owing any tax imposed by reason of or pursuant to authorization by any law of the state of Rhode Island and collected by the tax administrator. Amnesty tax return forms shall be prepared by the tax administrator and shall provide that the taxpayer clearly specify the tax due and the taxable period for which amnesty is being sought by the taxpayer.
(b) The amnesty program shall be conducted for a seventy-five (75) day period ending on November 15, 2012. The amnesty program shall provide that, upon written application by a taxpayer and payment by the taxpayer of all taxes and interest due from the taxpayer to the state of Rhode Island for any taxable period ending on or prior to December 31, 2011, the tax administrator shall not seek to collect any penalties which may be applicable and shall not seek the civil or criminal prosecution of any taxpayer for the taxable period for which amnesty has been granted. Amnesty shall be granted only to those taxpayers applying for amnesty during the amnesty period who have paid the tax and interest due upon filing the amnesty tax return, or who have entered into an installment payment agreement for reasons of financial hardship and upon terms and conditions set by the tax administrator. In the case of the failure of a taxpayer to pay any installment due under the agreement, such an agreement shall cease to be effective and the balance of the amounts required to be paid thereunder shall be due immediately. Amnesty shall be granted for only the taxable period specified in the application and only if all amnesty conditions are satisfied by the taxpayer.
(c) The provisions of this section shall include a taxable period for which a bill or notice of deficiency determination has been sent to the taxpayer and a taxable period in which an audit has been completed but has not yet been billed.
(d) Amnesty shall not be granted to taxpayers who are under any criminal investigation or are a party to any civil or criminal proceeding, pending in any court of the United States or the state of Rhode Island, for fraud in relation to any state tax imposed by the law of the state and collected by the tax administrator.
44-6.4-4. Interest under tax amnesty. -- Notwithstanding any provision of law to the contrary, interest on any taxes paid for periods covered under the amnesty provisions of this chapter shall be computed at the rate imposed under section 44-1-7, reduced by twenty five percent (25%).
44-6.4-5. Appropriation. -- There is hereby appropriated, out of any money in the treasury not otherwise appropriated for the 2013 fiscal year, the sum of three hundred thousand dollars ($300,000) to the division of taxation to carry out the purposes of this chapter. The state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum or so much thereof as may be required from time to time and upon receipt by him of properly authenticated vouchers.
44-6.4-6. Implementation. -- Notwithstanding any provision of law to the contrary, the tax administrator may do all things necessary in order to provide for the timely implementation of this chapter, including, but not limited to, procurement of printing and other services and expenditure of appropriated funds as provided for in section 44-6.4-5.
44-6.4-7. Disposition of monies. -- (a) Except as provided in subsection (b) within, all monies collected pursuant to any tax imposed by the state of Rhode Island under the provisions of this chapter shall be accounted for separately and paid into the general fund.
(b) Monies collected for the establishment of the TDI Reserve Fund (section 28-39-7), the Employment Security Fund (section 28-42-18), the Employment Security Interest Fund (section 28-42-75), the Job Development Fund (section 28-42-83), and the Employment Security Reemployment Fund (section 28-42-87) shall be deposited in said respective funds.
44-6.4-8. Analysis of amnesty program by tax administrator. -- The tax administrator shall provide an analysis of the amnesty program to the chairpersons of the house finance committee and senate finance committee, with copies to the members of the revenue estimating conference, by January 1, 2013. The report shall include an analysis of revenues received by tax source, distinguishing between the tax collected and interest collected for each source. In addition, the report shall further identify the amounts that are new revenues from those already included in the general revenue receivable taxes, defined under generally accepted accounting principles and the state's audited financial statements.
44-6.4-9. Rules and regulations.-- The tax administrator may promulgate such rules and regulations as are necessary to implement the provisions of this chapter.
SECTION 3. Sections 44-18-7, 44-18-8, 44-18-12, 44-18-15, 44-18-18, 44-18-20, 44-18-21, 44-18-22, 44-18-23, 44-18-25 and 44-18-30 of the General Laws in Chapter 44-18 entitled “Sales and Use Taxes – Liability and Computation” are hereby amended to read as follows:
44-18-7. Sales defined [effective until October 1, 2012]. --"Sales" means and includes:
(1) Any transfer of title or possession, exchange, barter, lease, or rental, conditional or otherwise, in any manner or by any means of tangible personal property for a consideration. "Transfer of possession", "lease", or "rental" includes transactions found by the tax administrator to be in lieu of a transfer of title, exchange, or barter.
(2) The producing, fabricating, processing, printing, or imprinting of tangible personal property for a consideration for consumers who furnish either directly or indirectly the materials used in the producing, fabricating, processing, printing, or imprinting.
(3) The furnishing and distributing of tangible personal property for a consideration by social, athletic, and similar clubs and fraternal organizations to their members or others.
(4) The furnishing, preparing, or serving for consideration of food, meals, or drinks, including any cover, minimum, entertainment, or other charge in connection therewith.
(5) A transaction whereby the possession of tangible personal property is transferred, but the seller retains the title as security for the payment of the price.
(6) Any withdrawal, except a withdrawal pursuant to a transaction in foreign or interstate commerce, of tangible personal property from the place where it is located for delivery to a point in this state for the purpose of the transfer of title or possession, exchange, barter, lease, or rental, conditional or otherwise, in any manner or by any means whatsoever, of the property for a consideration.
(7) A transfer for a consideration of the title or possession of tangible personal property, which has been produced, fabricated, or printed to the special order of the customer, or any publication.
(8) The furnishing and distributing of electricity, natural gas, artificial gas, steam, refrigeration, and water.
(9) The furnishing for consideration of intrastate, interstate and international telecommunications service sourced in this state in accordance with subsections 44-18.1(15) and (16) and all ancillary services, any maintenance services of telecommunication equipment other than as provided for in subdivision 44-18-12(b)(ii). For the purposes of chapters 18 and 19 of this title only, telecommunication service does not include service rendered using a prepaid telephone calling arrangement.
(ii) Notwithstanding the provisions of paragraph (i) of this subdivision, in accordance with the Mobile Telecommunications Sourcing Act (4 U.S.C. §§ 116 – 126), subject to the specific exemptions described in 4 U.S.C. § 116(c), and the exemptions provided in §§ 44-18-8 and 44-18-12, mobile telecommunications services that are deemed to be provided by the customer's home service provider are subject to tax under this chapter if the customer's place of primary use is in this state regardless of where the mobile telecommunications services originate, terminate or pass through. Mobile telecommunications services provided to a customer, the charges for which are billed by or for the customer's home service provider, shall be deemed to be provided by the customer's home service provider.
(10) The furnishing of service for transmission of messages by telegraph, cable, or radio and the furnishing of community antenna television, subscription television, and cable television services.
(11) The rental of living quarters in any hotel, rooming house, or tourist camp.
(12) The transfer for consideration of prepaid telephone calling arrangements and the recharge of prepaid telephone calling arrangements sourced to this state in accordance with §§ 44-18.1-11 and 44-18.1-15. "Prepaid telephone calling arrangement" means and includes prepaid calling service and prepaid wireless calling service.
(13) The furnishing of package tour and
scenic and sightseeing transportation services as set forth in the 2007 North
American Industrial Classification System codes 561520 and 487 provided that
such services are conducted in the state, in whole or in part. Said services
include all activities engaged in for other persons for a fee, retainer,
commission, or other monetary charge, which activities involve the performance
of a service as distinguished from selling property.
(14)(13) The sale, storage, use or other consumption
of over-the-counter drugs as defined in paragraph 44-18-7.1(h)(ii).
(15)(14) The sale, storage, use or other consumption
of prewritten computer software delivered electronically or by load and leave
as defined in paragraph 44-18-7.1(v).
(16)(15) The sale, storage, use or other consumption
of medical marijuana as defined in §21-28.6-3.
44-18-7. Sales defined [effective October 1, 2012]. --"Sales" means and includes:
(1) Any transfer of title or possession, exchange, barter, lease, or rental, conditional or otherwise, in any manner or by any means of tangible personal property for a consideration. "Transfer of possession", "lease", or "rental" includes transactions found by the tax administrator to be in lieu of a transfer of title, exchange, or barter.
(2) The producing, fabricating, processing, printing, or imprinting of tangible personal property for a consideration for consumers who furnish either directly or indirectly the materials used in the producing, fabricating, processing, printing, or imprinting.
(3) The furnishing and distributing of tangible personal property for a consideration by social, athletic, and similar clubs and fraternal organizations to their members or others.
(4) The furnishing, preparing, or serving for consideration of food, meals, or drinks, including any cover, minimum, entertainment, or other charge in connection therewith.
(5) A transaction whereby the possession of tangible personal property is transferred, but the seller retains the title as security for the payment of the price.
(6) Any withdrawal, except a withdrawal pursuant to a transaction in foreign or interstate commerce, of tangible personal property from the place where it is located for delivery to a point in this state for the purpose of the transfer of title or possession, exchange, barter, lease, or rental, conditional or otherwise, in any manner or by any means whatsoever, of the property for a consideration.
(7) A transfer for a consideration of the title or possession of tangible personal property, which has been produced, fabricated, or printed to the special order of the customer, or any publication.
(8) The furnishing and distributing of electricity, natural gas, artificial gas, steam, refrigeration, and water.
(9) The furnishing for consideration of intrastate, interstate and international telecommunications service sourced in this state in accordance with subsections 44-18.1(15) and (16) and all ancillary services, any maintenance services of telecommunication equipment other than as provided for in subdivision 44-18-12(b)(ii). For the purposes of chapters 18 and 19 of this title only, telecommunication service does not include service rendered using a prepaid telephone calling arrangement.
(ii) Notwithstanding the provisions of paragraph (i) of this subdivision, in accordance with the Mobile Telecommunications Sourcing Act (4 U.S.C. §§ 116 – 126), subject to the specific exemptions described in 4 U.S.C. § 116(c), and the exemptions provided in §§ 44-18-8 and 44-18-12, mobile telecommunications services that are deemed to be provided by the customer's home service provider are subject to tax under this chapter if the customer's place of primary use is in this state regardless of where the mobile telecommunications services originate, terminate or pass through. Mobile telecommunications services provided to a customer, the charges for which are billed by or for the customer's home service provider, shall be deemed to be provided by the customer's home service provider.
(10) The furnishing of service for transmission of messages by telegraph, cable, or radio and the furnishing of community antenna television, subscription television, and cable television services.
(11) The rental of living quarters in any hotel, rooming house, or tourist camp.
(12) The transfer for consideration of prepaid telephone calling arrangements and the recharge of prepaid telephone calling arrangements sourced to this state in accordance with §§ 44-18.1-11 and 44-18.1-15. "Prepaid telephone calling arrangement" means and includes prepaid calling service and prepaid wireless calling service.
(13) The sale, storage, use or other consumption of over-the-counter drugs as defined in paragraph 44-18-7.1(h)(ii).
(14) The sale, storage, use or other consumption of prewritten computer software delivered electronically or by load and leave as defined in paragraph 44-18-7.1(v).
(15) The sale, storage, use or other consumption of medical marijuana as defined in §21-28.6-3.
(16) The furnishing of services in this state as defined in section 44-18-7.3.
44-18-8. Retail sale
or sale at retail defined [effective until October 1, 2012]. -- A
"retail sale" or "sale at retail" means any sale, lease or
rentals of tangible personal property, prewritten computer software delivered
electronically or by load and leave, and/or package
tour and scenic and sightseeing transportation services, for any
purpose other than resale, sublease or subrent in the regular course of
business. The sale of tangible personal property to be used for purposes of
rental in the regular course of business is considered to be a sale for resale.
In regard to telecommunications service as defined in § 44-18-7(9), retail sale
does not include the purchase of telecommunications service by a
telecommunications provider from another telecommunication provider for resale
to the ultimate consumer; provided, that the purchaser submits to the seller a
certificate attesting to the applicability of this exclusion, upon receipt of
which the seller is relieved of any tax liability for the sale.
44-18-8. Retail sale or sale at retail defined [effective October 1, 2012]. -- A "retail sale" or "sale at retail" means any sale, lease or rentals of tangible personal property, prewritten computer software delivered electronically or by load and leave, or services as defined in section 44-18-7.3 for any purpose other than resale, sublease or subrent in the regular course of business. The sale of tangible personal property to be used for purposes of rental in the regular course of business is considered to be a sale for resale. In regard to telecommunications service as defined in § 44-18-7(9), retail sale does not include the purchase of telecommunications service by a telecommunications provider from another telecommunication provider for resale to the ultimate consumer; provided, that the purchaser submits to the seller a certificate attesting to the applicability of this exclusion, upon receipt of which the seller is relieved of any tax liability for the sale.
44-18-12. Sale price" defined [effective until October 1, 2012]. -- (a) "Sales price" applies to the measure subject to sales tax and means the total amount of consideration, including cash, credit, property, and services, for which personal property or services are sold, leased, or rented, valued in money, whether received in money or otherwise, without any deduction for the following:
(i) The seller's cost of the property sold;
(ii) The cost of materials used, labor or service cost, interest, losses, all costs of transportation to the seller, all taxes imposed on the seller, and any other expense of the seller;
(iii) Charges by the seller for any services necessary to complete the sale, other than delivery and installation charges;
(iv) Delivery charges, as defined in § 44-18-7.1(i);
(v) Credit for any trade-in, as determined by state law;
(vi) The amount charged for package
tour and scenic and sightseeing transportation services; or
(b) "Sales price" shall not include:
(i) Discounts, including cash, term, or coupons that are not reimbursed by a third party that are allowed by a seller and taken by a purchaser on a sale;
(ii) The amount charged for labor or services, except for package tours and scenic and sightseeing
transportation services, rendered in installing or applying the
property sold when the charge is separately stated by the retailer to the
purchaser; provided that in transactions subject to the provisions of this
chapter the retailer shall separately state such charge when requested by the
purchaser and, further, the failure to separately state such charge when
requested may be restrained in the same manner as other unlawful acts or practices
prescribed in chapter 13.1 of title 6.
(iii) Interest, financing, and carrying charges from credit extended on the sale of personal property or services, if the amount is separately stated on the invoice, bill of sale or similar document given to the purchaser; and
(iv) Any taxes legally imposed directly on the consumer that are separately stated on the invoice, bill of sale or similar document given to the purchaser.
(v) Manufacturer rebates allowed on the sale of motor vehicles.
(c) "Sales price" shall include consideration received by the seller from third parties if:
(i) The seller actually receives consideration from a party other than the purchaser and the consideration is directly related to a price reduction or discount on the sale;
(ii) The seller has an obligation to pass the price reduction or discount through to the purchaser;
(iii) The amount of the consideration attributable to the sale is fixed and determinable by the seller at the time of the sale of the item to the purchaser; and
(iv) One of the following criteria is met:
(A) The purchaser presents a coupon, certificate or other documentation to the seller to claim a price reduction or discount where the coupon, certificate or documentation is authorized, distributed or granted by a third party with the understanding that the third party will reimburse any seller to whom the coupon, certificate or documentation is presented;
(B) The purchaser identifies himself or herself to the seller as a member of a group or organization entitled to a price reduction or discount (a "preferred customer" card that is available to any patron does not constitute membership in such a group), or
(C) The price reduction or discount is identified as a third party price reduction or discount on the invoice received by the purchaser or on a coupon, certificate or other documentation presented by the purchaser.
44-18-12. Sale price" defined [effective October 1, 2012]. -- (a) "Sales price" applies to the measure subject to sales tax and means the total amount of consideration, including cash, credit, property, and services, for which personal property or services are sold, leased, or rented, valued in money, whether received in money or otherwise, without any deduction for the following:
(i) The seller's cost of the property sold;
(ii) The cost of materials used, labor or service cost, interest, losses, all costs of transportation to the seller, all taxes imposed on the seller, and any other expense of the seller;
(iii) Charges by the seller for any services necessary to complete the sale, other than delivery and installation charges;
(iv) Delivery charges, as defined in § 44-18-7.1(i);
(v) Credit for any trade-in, as determined by state law; or
(vi) The amount charged for services, as defined in section 44-18-7.3.
(b) "Sales price" shall not include:
(i) Discounts, including cash, term, or coupons that are not reimbursed by a third party that are allowed by a seller and taken by a purchaser on a sale;
(ii) The amount charged for labor or services rendered in installing or applying the property sold when the charge is separately stated by the retailer to the purchaser; provided that in transactions subject to the provisions of this chapter the retailer shall separately state such charge when requested by the purchaser and, further, the failure to separately state such charge when requested may be restrained in the same manner as other unlawful acts or practices prescribed in chapter 13.1 of title 6.
(iii) Interest, financing, and carrying charges from credit extended on the sale of personal property or services, if the amount is separately stated on the invoice, bill of sale or similar document given to the purchaser; and
(iv) Any taxes legally imposed directly on the consumer that are separately stated on the invoice, bill of sale or similar document given to the purchaser.
(v) Manufacturer rebates allowed on the sale of motor vehicles.
(c) "Sales price" shall include consideration received by the seller from third parties if:
(i) The seller actually receives consideration from a party other than the purchaser and the consideration is directly related to a price reduction or discount on the sale;
(ii) The seller has an obligation to pass the price reduction or discount through to the purchaser;
(iii) The amount of the consideration attributable to the sale is fixed and determinable by the seller at the time of the sale of the item to the purchaser; and
(iv) One of the following criteria is met:
(A) The purchaser presents a coupon, certificate or other documentation to the seller to claim a price reduction or discount where the coupon, certificate or documentation is authorized, distributed or granted by a third party with the understanding that the third party will reimburse any seller to whom the coupon, certificate or documentation is presented;
(B) The purchaser identifies himself or herself to the seller as a member of a group or organization entitled to a price reduction or discount (a "preferred customer" card that is available to any patron does not constitute membership in such a group), or
(C) The price reduction or discount is identified as a third party price reduction or discount on the invoice received by the purchaser or on a coupon, certificate or other documentation presented by the purchaser.
44-18-15."Retailer" defined [effective until October 1, 2012].-- (a) "Retailer" includes:
(1) Every person engaged in the business of making sales at retail, prewritten computer software delivered
electronically or by load and leave, and/or package
tour and scenic and sightseeing transportation services, including sales at auction of tangible personal
property owned by the person or others.
(2) Every person making sales of tangible personal property, prewritten computer software delivered electronically
or by load and leave, and/or package tour and scenic
and sightseeing transportation services, through an independent
contractor or other representative, if the retailer enters into an agreement
with a resident of this state, under which the resident, for a commission or
other consideration, directly or indirectly refers potential customers, whether
by a link on an Internet website or otherwise, to the retailer, provided the
cumulative gross receipts from sales by the retailer to customers in the state
who are referred to the retailer by all residents with this type of an
agreement with the retailer, is in excess of five thousand dollars ($5,000)
during the preceding four (4) quarterly periods ending on the last day of
March, June, September and December. Such retailer shall be presumed to be
soliciting business through such independent contractor or other
representative, which presumption may be rebutted by proof that the resident
with whom the retailer has an agreement did not engage in any solicitation in
the state on behalf of the retailer that would satisfy the nexus requirement of
the United States Constitution during such four (4) quarterly periods.
(3) Every person engaged in the business of making sales for
storage, use, or other consumption, or the business of making sales at auction
of tangible personal property, for storage, use, or other consumption
prewritten computer software delivered electronically or by load and leave, and/or package tour and scenic and sightseeing transportation
services, owned by the person or others
for storage, use, or other consumption.
(4) A person conducting a horse race meeting with respect to horses, which are claimed during the meeting.
(5) Every person engaged in the business of renting any living quarters in any hotel, rooming house, or tourist camp.
(6) Every person maintaining a business within or outside of this
state who engages in the regular or systematic solicitation of sales of
tangible personal property, prewritten computer software delivered electronically
or by load and leave, and/or package tour and scenic
and sightseeing transportation services, in this state by means of:
(i) Advertising in newspapers, magazines, and other periodicals published in this state, sold over the counter in this state or sold by subscription to residents of this state, billboards located in this state, airborne advertising messages produced or transported in the airspace above this state, display cards and posters on common carriers or any other means of public conveyance incorporated or operated primarily in this state, brochures, catalogs, circulars, coupons, pamphlets, samples, and similar advertising material mailed to, or distributed within this state to residents of this state;
(ii) Telephone;
(iii) Computer assisted shopping networks; and
(iv) Television, radio or any other electronic media, which is intended to be broadcast to consumers located in this state.
(b) When the tax administrator determines that it is necessary for the proper administration of chapters 18 and 19 of this title to regard any salespersons, representatives, truckers, peddlers, or canvassers as the agents of the dealers, distributors, supervisors, employers, or persons under whom they operate or from whom they obtain the tangible personal property sold by them, irrespective of whether they are making sales on their own behalf or on behalf of the dealers, distributors, supervisors, or employers, the tax administrator may so regard them and may regard the dealers, distributors, supervisors, or employers as retailers for purposes of chapters 18 and 19 of this title.
44-18-15."Retailer" defined [effective October 1, 2012].-- (a) "Retailer" includes:
(1) Every person engaged in the business of making sales at retail including prewritten computer software delivered electronically or by load and leave, sales of services as defined in section 44-18-7.3, and sales at auction of tangible personal property owned by the person or others.
(2) Every person making sales of tangible personal property including prewritten computer software delivered electronically or by load and leave, or sales of services as defined in section 44-18-7.3, through an independent contractor or other representative, if the retailer enters into an agreement with a resident of this state, under which the resident, for a commission or other consideration, directly or indirectly refers potential customers, whether by a link on an Internet website or otherwise, to the retailer, provided the cumulative gross receipts from sales by the retailer to customers in the state who are referred to the retailer by all residents with this type of an agreement with the retailer, is in excess of five thousand dollars ($5,000) during the preceding four (4) quarterly periods ending on the last day of March, June, September and December. Such retailer shall be presumed to be soliciting business through such independent contractor or other representative, which presumption may be rebutted by proof that the resident with whom the retailer has an agreement did not engage in any solicitation in the state on behalf of the retailer that would satisfy the nexus requirement of the United States Constitution during such four (4) quarterly periods.
(3) Every person engaged in the business of making sales for
storage, use, or other consumption of: (1) tangible
personal property, (ii) , or the business
of making sales at auction of tangible personal property owned by the person or others, prewritten
computer software delivered electronically or by load and leave, and (iv) services as defined in section 44-18-7.3.
(4) A person conducting a horse race meeting with respect to horses, which are claimed during the meeting.
(5) Every person engaged in the business of renting any living quarters in any hotel as defined in section 42-63.1-2, rooming house, or tourist camp.
(6) Every person maintaining a business within or outside of this state who engages in the regular or systematic solicitation of sales of tangible personal property, prewritten computer software delivered electronically or by load and leave:
(i) Advertising in newspapers, magazines, and other periodicals published in this state, sold over the counter in this state or sold by subscription to residents of this state, billboards located in this state, airborne advertising messages produced or transported in the airspace above this state, display cards and posters on common carriers or any other means of public conveyance incorporated or operated primarily in this state, brochures, catalogs, circulars, coupons, pamphlets, samples, and similar advertising material mailed to, or distributed within this state to residents of this state;
(ii) Telephone;
(iii) Computer assisted shopping networks; and
(iv) Television, radio or any other electronic media, which is intended to be broadcast to consumers located in this state.
(b) When the tax administrator determines that it is necessary for the proper administration of chapters 18 and 19 of this title to regard any salespersons, representatives, truckers, peddlers, or canvassers as the agents of the dealers, distributors, supervisors, employers, or persons under whom they operate or from whom they obtain the tangible personal property sold by them, irrespective of whether they are making sales on their own behalf or on behalf of the dealers, distributors, supervisors, or employers, the tax administrator may so regard them and may regard the dealers, distributors, supervisors, or employers as retailers for purposes of chapters 18 and 19 of this title.
44-18-18. Sales tax imposed [effective October 1, 2012]. -- A tax is imposed upon sales at retail in this state including charges for rentals of living quarters in hotels as defined in section 42-63.1-2, rooming houses, or tourist camps, at the rate of six percent (6%) of the gross receipts of the retailer from the sales or rental charges; provided, that the tax imposed on charges for the rentals applies only to the first period of not exceeding thirty (30) consecutive calendar days of each rental; provided, further, that for the period commencing July 1, 1990, the tax rate is seven percent (7%). The tax is paid to the tax administrator by the retailer at the time and in the manner provided. Excluded from this tax are those living quarters in hotels, rooming houses, or tourist camps for which the occupant has a written lease for the living quarters which lease covers a rental period of twelve (12) months or more. In recognition of the work being performed by the Streamlined Sales and Use Tax Governing Board, upon any federal law which requires remote sellers to collect and remit taxes, effective the first (1st) day of the first (1st) state fiscal quarter following the change, the rate imposed under § 44-18-18 shall be six and one-half percent (6.5%).
44-18-20. Use tax
imposed [effective until October 1, 2012]. -- (a) An excise tax is
imposed on the storage, use, or other consumption in this state of tangible
personal property, or prewritten computer
software delivered electronically or by load and leave, and/or package tour and scenic and sightseeing transportation
services, including a motor vehicle, a boat, an airplane, or a
trailer, purchased from any retailer at the rate of six percent (6%) of the
sale price of the property.
(b) An excise tax is imposed on the storage, use, or other consumption in this state of a motor vehicle, a boat, an airplane, or a trailer purchased from other than a licensed motor vehicle dealer or other than a retailer of boats, airplanes, or trailers respectively, at the rate of six percent (6%) of the sale price of the motor vehicle, boat, airplane, or trailer.
(c) The word "trailer" as used in this section and in § 44-18-21 means and includes those defined in § 31-1-5(a) – (e) and also includes boat trailers, camping trailers, house trailers, and mobile homes.
(d) Notwithstanding the provisions contained in this section and in § 44-18-21 relating to the imposition of a use tax and liability for this tax on certain casual sales, no tax is payable in any casual sale:
(1) When the transferee or purchaser is the spouse, mother, father, brother, sister, or child of the transferor or seller;
(2) When the transfer or sale is made in connection with the organization, reorganization, dissolution, or partial liquidation of a business entity; provided:
(i) The last taxable sale, transfer, or use of the article being transferred or sold was subjected to a tax imposed by this chapter;
(ii) The transferee is the business entity referred to or is a stockholder, owner, member, or partner; and
(iii) Any gain or loss to the transferor is not recognized for income tax purposes under the provisions of the federal income tax law and treasury regulations and rulings issued thereunder;
(3) When the sale or transfer is of a trailer, other than a camping trailer, of the type ordinarily used for residential purposes and commonly known as a house trailer or as a mobile home; or
(4) When the transferee or purchaser is exempt under the provisions of § 44-18-30 or other general law of this state or special act of the general assembly of this state.
(e) The term "casual" means a sale made by a person other than a retailer; provided, that in the case of a sale of a motor vehicle, the term means a sale made by a person other than a licensed motor vehicle dealer or an auctioneer at an auction sale. In no case is the tax imposed under the provisions of subsections (a) and (b) of this section on the storage, use, or other consumption in this state of a used motor vehicle less than the product obtained by multiplying the amount of the retail dollar value at the time of purchase of the motor vehicle by the applicable tax rate; provided, that where the amount of the sale price exceeds the amount of the retail dollar value, the tax is based on the sale price. The tax administrator shall use as his or her guide the retail dollar value as shown in the current issue of any nationally recognized used vehicle guide for appraisal purposes in this state. On request within thirty (30) days by the taxpayer after payment of the tax, if the tax administrator determines that the retail dollar value as stated in this subsection is inequitable or unreasonable, he or she shall, after affording the taxpayer reasonable opportunity to be heard, re-determine the tax.
(f) Every person making more than five (5) retail sales of
tangible personal property or prewritten computer software delivered
electronically or by load and leave, and/or package
tour and scenic and sightseeing transportation services during any
twelve (12) month period, including sales made in the capacity of assignee for
the benefit of creditors or receiver or trustee in bankruptcy, is considered a
retailer within the provisions of this chapter.
(g) "Casual sale" includes a sale of tangible personal property not held or used by a seller in the course of activities for which the seller is required to hold a seller's permit or permits or would be required to hold a seller's permit or permits if the activities were conducted in this state; provided, that the sale is not one of a series of sales sufficient in number, scope, and character (more than five (5) in any twelve (12) month period) to constitute an activity for which the seller is required to hold a seller's permit or would be required to hold a seller's permit if the activity were conducted in this state.
(2) Casual sales also include sales made at bazaars, fairs, picnics, or similar events by nonprofit organizations, which are organized for charitable, educational, civic, religious, social, recreational, fraternal, or literary purposes during two (2) events not to exceed a total of six (6) days duration each calendar year. Each event requires the issuance of a permit by the division of taxation. Where sales are made at events by a vendor, which holds a sales tax permit and is not a nonprofit organization, the sales are in the regular course of business and are not exempt as casual sales.
(h) The use tax imposed under this section for the period commencing July 1, 1990 is at the rate of seven percent (7%). In recognition of the work being performed by the Streamlined Sales and Use Tax Governing Board, upon any federal law which requires remote sellers to collect and remit taxes, effective the first (1st) day of the first (1st) state fiscal quarter following the change, the rate imposed under § 44-18-18 shall be six and one-half percent (6.5%).
44-18-20. Use tax imposed [effective October 1, 2012]. -- (a) An excise tax is imposed on the storage, use, or other consumption in this state of tangible personal property, prewritten computer software delivered electronically or by load and leave or services as defined section 44-18-7.3; including a motor vehicle, a boat, an airplane, or a trailer, purchased from any retailer at the rate of six percent (6%) of the sale price of the property.
(b) An excise tax is imposed on the storage, use, or other consumption in this state of a motor vehicle, a boat, an airplane, or a trailer purchased from other than a licensed motor vehicle dealer or other than a retailer of boats, airplanes, or trailers respectively, at the rate of six percent (6%) of the sale price of the motor vehicle, boat, airplane, or trailer.
(c) The word "trailer" as used in this section and in § 44-18-21 means and includes those defined in § 31-1-5(a) – (e) and also includes boat trailers, camping trailers, house trailers, and mobile homes.
(d) Notwithstanding the provisions contained in this section and in § 44-18-21 relating to the imposition of a use tax and liability for this tax on certain casual sales, no tax is payable in any casual sale:
(1) When the transferee or purchaser is the spouse, mother, father, brother, sister, or child of the transferor or seller;
(2) When the transfer or sale is made in connection with the organization, reorganization, dissolution, or partial liquidation of a business entity; provided:
(i) The last taxable sale, transfer, or use of the article being transferred or sold was subjected to a tax imposed by this chapter;
(ii) The transferee is the business entity referred to or is a stockholder, owner, member, or partner; and
(iii) Any gain or loss to the transferor is not recognized for income tax purposes under the provisions of the federal income tax law and treasury regulations and rulings issued thereunder;
(3) When the sale or transfer is of a trailer, other than a camping trailer, of the type ordinarily used for residential purposes and commonly known as a house trailer or as a mobile home; or
(4) When the transferee or purchaser is exempt under the provisions of § 44-18-30 or other general law of this state or special act of the general assembly of this state.
(e) The term "casual" means a sale made by a person other than a retailer; provided, that in the case of a sale of a motor vehicle, the term means a sale made by a person other than a licensed motor vehicle dealer or an auctioneer at an auction sale. In no case is the tax imposed under the provisions of subsections (a) and (b) of this section on the storage, use, or other consumption in this state of a used motor vehicle less than the product obtained by multiplying the amount of the retail dollar value at the time of purchase of the motor vehicle by the applicable tax rate; provided, that where the amount of the sale price exceeds the amount of the retail dollar value, the tax is based on the sale price. The tax administrator shall use as his or her guide the retail dollar value as shown in the current issue of any nationally recognized used vehicle guide for appraisal purposes in this state. On request within thirty (30) days by the taxpayer after payment of the tax, if the tax administrator determines that the retail dollar value as stated in this subsection is inequitable or unreasonable, he or she shall, after affording the taxpayer reasonable opportunity to be heard, re-determine the tax.
(f) Every person making more than five (5) retail sales of tangible personal property or prewritten computer software delivered electronically or by load and leave, or services as defined in section 44-18-7.3 during any twelve (12) month period, including sales made in the capacity of assignee for the benefit of creditors or receiver or trustee in bankruptcy, is considered a retailer within the provisions of this chapter.
(g) "Casual sale" includes a sale of tangible personal property not held or used by a seller in the course of activities for which the seller is required to hold a seller's permit or permits or would be required to hold a seller's permit or permits if the activities were conducted in this state; provided, that the sale is not one of a series of sales sufficient in number, scope, and character (more than five (5) in any twelve (12) month period) to constitute an activity for which the seller is required to hold a seller's permit or would be required to hold a seller's permit if the activity were conducted in this state.
(2) Casual sales also include sales made at bazaars, fairs, picnics, or similar events by nonprofit organizations, which are organized for charitable, educational, civic, religious, social, recreational, fraternal, or literary purposes during two (2) events not to exceed a total of six (6) days duration each calendar year. Each event requires the issuance of a permit by the division of taxation. Where sales are made at events by a vendor, which holds a sales tax permit and is not a nonprofit organization, the sales are in the regular course of business and are not exempt as casual sales.
(h) The use tax imposed under this section for the period commencing July 1, 1990 is at the rate of seven percent (7%). In recognition of the work being performed by the Streamlined Sales and Use Tax Governing Board, upon any federal law which requires remote sellers to collect and remit taxes, effective the first (1st) day of the first (1st) state fiscal quarter following the change, the rate imposed under § 44-18-18 shall be six and one-half percent (6.5%).
44-18-21. Liability
for use tax [effective until October 1, 2012]. -- (a) Every person
storing, using, or consuming in this state tangible personal property,
including a motor vehicle, boat, airplane, or trailer, purchased from a
retailer, and a motor vehicle, boat, airplane, or trailer, purchased from other
than a licensed motor vehicle dealer or other than a retailer of boats,
airplanes, or trailers respectively; or storing, using or consuming specified
prewritten computer software delivered electronically or by load and leave, and/or package tour and scenic and sightseeing transportation
services is liable for the use tax. The person's liability is not
extinguished until the tax has been paid to this state, except that a receipt
from a retailer engaging in business in this state or from a retailer who is
authorized by the tax administrator to collect the tax under rules and
regulations that he or she may prescribe, given to the purchaser pursuant to
the provisions of § 44-18-22, is sufficient to relieve the purchaser from
further liability for the tax to which the receipt refers.
(b) Each person before obtaining an original or transferral registration for any article or commodity in this state, which article or commodity is required to be licensed or registered in the state, shall furnish satisfactory evidence to the tax administrator that any tax due under this chapter with reference to the article or commodity has been paid, and for the purpose of effecting compliance, the tax administrator, in addition to any other powers granted to him or her, may invoke the provisions of § 31-3-4 in the case of a motor vehicle. The tax administrator, when he or she deems it to be for the convenience of the general public, may authorize any agency of the state concerned with the licensing or registering of these articles or commodities to collect the use tax on any articles or commodities which the purchaser is required by this chapter to pay before receiving an original or transferral registration. The general assembly shall annually appropriate a sum that it deems necessary to carry out the purposes of this section. Notwithstanding the provisions of §§ 44-18-19, 44-18-22, and 44-18-24, the sales or use tax on any motor vehicle and/or recreational vehicle requiring registration by the administrator of the division of motor vehicles shall not be added by the retailer to the sale price or charge but shall be paid directly by the purchaser to the tax administrator, or his or her authorized deputy or agent as provided in this section.
(c) In cases involving total loss or destruction of a motor vehicle occurring within one hundred twenty (120) days from the date of purchase and upon which the purchaser has paid the use tax, the amount of the tax constitutes an overpayment. The amount of the overpayment may be credited against the amount of use tax on any subsequent vehicle which the owner acquires to replace the lost or destroyed vehicle or may be refunded, in whole or in part.
44-18-21. Liability for use tax [effective October 1, 2012]. -- (a) Every person storing, using, or consuming in this state tangible personal property, including a motor vehicle, boat, airplane, or trailer, purchased from a retailer, and a motor vehicle, boat, airplane, or trailer, purchased from other than a licensed motor vehicle dealer or other than a retailer of boats, airplanes, or trailers respectively; or storing, using or consuming specified prewritten computer software delivered electronically or by load and leave, or services as defined in section 44-18-7.3 is liable for the use tax. The person's liability is not extinguished until the tax has been paid to this state, except that a receipt from a retailer engaging in business in this state or from a retailer who is authorized by the tax administrator to collect the tax under rules and regulations that he or she may prescribe, given to the purchaser pursuant to the provisions of § 44-18-22, is sufficient to relieve the purchaser from further liability for the tax to which the receipt refers.
(b) Each person before obtaining an original or transferral registration for any article or commodity in this state, which article or commodity is required to be licensed or registered in the state, shall furnish satisfactory evidence to the tax administrator that any tax due under this chapter with reference to the article or commodity has been paid, and for the purpose of effecting compliance, the tax administrator, in addition to any other powers granted to him or her, may invoke the provisions of § 31-3-4 in the case of a motor vehicle. The tax administrator, when he or she deems it to be for the convenience of the general public, may authorize any agency of the state concerned with the licensing or registering of these articles or commodities to collect the use tax on any articles or commodities which the purchaser is required by this chapter to pay before receiving an original or transferral registration. The general assembly shall annually appropriate a sum that it deems necessary to carry out the purposes of this section. Notwithstanding the provisions of §§ 44-18-19, 44-18-22, and 44-18-24, the sales or use tax on any motor vehicle and/or recreational vehicle requiring registration by the administrator of the division of motor vehicles shall not be added by the retailer to the sale price or charge but shall be paid directly by the purchaser to the tax administrator, or his or her authorized deputy or agent as provided in this section.
(c) In cases involving total loss or destruction of a motor vehicle occurring within one hundred twenty (120) days from the date of purchase and upon which the purchaser has paid the use tax, the amount of the tax constitutes an overpayment. The amount of the overpayment may be credited against the amount of use tax on any subsequent vehicle which the owner acquires to replace the lost or destroyed vehicle or may be refunded, in whole or in part.
44-18-22. Collection
of use tax by retailer [effective until October 1, 2012]. -- Every
retailer engaging in business in this state and making sales of tangible
personal property or prewritten computer software delivered electronically or
by load and leave, for storage, use, or other consumption in this state, and/or
providing package tour and scenic and sightseeing transportation services,
not exempted under this chapter shall, at the time of making the sales, or if
the storage, use, or other consumption of the tangible personal property,
prewritten computer software delivered electronically or by load and leave, and/or providing package tour and scenic and sightseeing
transportation services, , is not then taxable under this chapter,
at the time the storage, use, or other consumption becomes taxable, collect the
tax from the purchaser and give to the purchaser a receipt in the manner and
form prescribed by the tax administrator.
44-18-22. Collection of use tax by retailer [effective October 1, 2012]. -- Every retailer engaging in business in this state and making sales of tangible personal property or prewritten computer software delivered electronically or by load and leave, or services as defined in section 44-18-7.3, for storage, use, or other consumption in this state, not exempted under this chapter shall, at the time of making the sales, or if the storage, use, or other consumption of the tangible personal property, prewritten computer software delivered electronically or by load and leave, or services as defined in section 44-18-7.3, is not then taxable under this chapter, at the time the storage, use, or other consumption becomes taxable, collect the tax from the purchaser and give to the purchaser a receipt in the manner and form prescribed by the tax administrator.
44-18-23.
"Engaging in business" defined [effective
until October 1, 2012]. -- As used in §§ 44-18-21 and 44-18-22
the term "engaging in business in this state" means the selling or
delivering in this state, or any activity in this state related to the selling
or delivering in this state of tangible personal property, or prewritten computer software delivered
electronically or by load and leave for storage, use, or other consumption in
this state , as well as providing package tour and
scenic and sightseeing transportation services,. This term includes,
but is not limited to, the following acts or methods of transacting business:
(1) Maintaining, occupying, or using in this state permanently or temporarily, directly or indirectly or through a subsidiary, representative, or agent by whatever name called and whether or not qualified to do business in this state, any office, place of distribution, sales or sample room or place, warehouse or storage place, or other place of business;
(2) Having any subsidiary, representative, agent, salesperson,
canvasser, or solicitor permanently or temporarily, and whether or not the
subsidiary, representative, or agent is qualified to do business in this state,
operate in this state for the purpose of selling, delivering, or the taking of
orders for any tangible personal property, or prewritten computer software
delivered electronically or by load and leave, and/or
package tour and scenic and sightseeing transportation services;
(3) The regular or systematic solicitation of sales of tangible
personal property, or prewritten computer software delivered electronically or
by load and leave, and/or package tour and scenic and sightseeing transportation
services, in this state by means of:
(i) Advertising in newspapers, magazines, and other periodicals published in this state, sold over the counter in this state or sold by subscription to residents of this state, billboards located in this state, airborne advertising messages produced or transported in the air space above this state, display cards and posters on common carriers or any other means of public conveyance incorporated or operating primarily in this state, brochures, catalogs, circulars, coupons, pamphlets, samples, and similar advertising material mailed to, or distributed within this state to residents of this state;
(ii) Telephone;
(iii) Computer-assisted shopping networks; and
(iv) Television, radio or any other electronic media, which is intended to be broadcast to consumers located in this state.
44-18-23. "Engaging in business" defined [effective October 1, 2012]. -- As used in §§ 44-18-21 and 44-18-22 the term "engaging in business in this state" means the selling or delivering in this state, or any activity in this state related to the selling or delivering in this state of tangible personal property, or prewritten computer software delivered electronically or by load and leave for storage, use, or other consumption in this state; or services as defined in section 44-18-7.3 in this state. This term includes, but is not limited to, the following acts or methods of transacting business:
(1) Maintaining, occupying, or using in this state permanently or temporarily, directly or indirectly or through a subsidiary, representative, or agent by whatever name called and whether or not qualified to do business in this state, any office, place of distribution, sales or sample room or place, warehouse or storage place, or other place of business;
(2) Having any subsidiary, representative, agent, salesperson, canvasser, or solicitor permanently or temporarily, and whether or not the subsidiary, representative, or agent is qualified to do business in this state, operate in this state for the purpose of selling, delivering, or the taking of orders for any tangible personal property, or prewritten computer software delivered electronically or by load and leave, or services as defined in section 44-18-7.3;
(3) The regular or systematic solicitation of sales of tangible personal property, or prewritten computer software delivered electronically or by load and leave, or services as defined in section 44-18-7.3, in this state by means of:
(i) Advertising in newspapers, magazines, and other periodicals published in this state, sold over the counter in this state or sold by subscription to residents of this state, billboards located in this state, airborne advertising messages produced or transported in the air space above this state, display cards and posters on common carriers or any other means of public conveyance incorporated or operating primarily in this state, brochures, catalogs, circulars, coupons, pamphlets, samples, and similar advertising material mailed to, or distributed within this state to residents of this state;
(ii) Telephone;
(iii) Computer-assisted shopping networks; and
(iv) Television, radio or any other electronic media, which is intended to be broadcast to consumers located in this state.
44-18-25. Presumption
that sale is for storage, use, or consumption – Resale certificate [effective
until October 1, 2012]. -- It is presumed that all gross receipts are
subject to the sales tax, and that the use of all tangible personal property,
or prewritten computer software delivered electronically or by load and leave, and/or package tour and scenic and sightseeing transportation
services are subject to the use tax, and that all tangible personal
property, or prewritten computer software delivered electronically or by load
and leave, and/or package tour and scenic and
sightseeing transportation services sold or in processing or
intended for delivery or delivered in this state is sold or delivered for
storage, use, or other consumption in this state, until the contrary is
established to the satisfaction of the tax administrator. The burden of proving
the contrary is upon the person who makes the sale and the purchaser, unless
the person who makes the sale takes from the purchaser a certificate to the
effect that the purchase was for resale. The certificate shall contain any
information and be in the form that the tax administrator may require.
44-18-25. Presumption that sale is for storage, use, or consumption – Resale certificate [effective October 1, 2012]. -- It is presumed that all gross receipts are subject to the sales tax, and that the use of all tangible personal property, or prewritten computer software delivered electronically or by load and leave, or services as defined in section 44-18-7.3, are subject to the use tax, and that all tangible personal property, or prewritten computer software delivered electronically or by load and leave, or services as defined in section 44-18-7.3, sold or in processing or intended for delivery or delivered in this state is sold or delivered for storage, use, or other consumption in this state, until the contrary is established to the satisfaction of the tax administrator. The burden of proving the contrary is upon the person who makes the sale and the purchaser, unless the person who makes the sale takes from the purchaser a certificate to the effect that the purchase was for resale. The certificate shall contain any information and be in the form that the tax administrator may require.
44-18-30. Gross receipts exempt from sales and use taxes. -- There are exempted from the taxes imposed by this chapter the following gross receipts:
(1) Sales and uses beyond constitutional power of state. From the sale and from the storage, use, or other consumption in this state of tangible personal property the gross receipts from the sale of which, or the storage, use, or other consumption of which, this state is prohibited from taxing under the Constitution of the United States or under the constitution of this state.
(2) Newspapers.
(i) From the sale and from the storage, use, or other consumption in this state of any newspaper.
(ii) "Newspaper" means an unbound publication printed on newsprint, which contains news, editorial comment, opinions, features, advertising matter, and other matters of public interest.
(iii) "Newspaper" does not include a magazine, handbill, circular, flyer, sales catalog, or similar item unless the item is printed for and distributed as a part of a newspaper.
(3) School meals. From the sale and from the storage, use, or other consumption in this state of meals served by public, private, or parochial schools, school districts, colleges, universities, student organizations, and parent teacher associations to the students or teachers of a school, college, or university whether the meals are served by the educational institutions or by a food service or management entity under contract to the educational institutions.
(4) Containers.
(i) From the sale and from the storage, use, or other consumption in this state of:
(A) Non-returnable containers, including boxes, paper bags, and wrapping materials which are biodegradable and all bags and wrapping materials utilized in the medical and healing arts, when sold without the contents to persons who place the contents in the container and sell the contents with the container.
(B) Containers when sold with the contents if the sale price of the contents is not required to be included in the measure of the taxes imposed by this chapter.
(C) Returnable containers when sold with the contents in connection with a retail sale of the contents or when resold for refilling.
(ii) As used in this subdivision, the term "returnable containers" means containers of a kind customarily returned by the buyer of the contents for reuse. All other containers are "non-returnable containers."
(5) Charitable, educational, and religious organizations. From the sale to as in defined in this section, and from the storage, use, and other consumption in this state or any other state of the United States of America of tangible personal property by hospitals not operated for a profit, "educational institutions" as defined in subdivision (18) not operated for a profit, churches, orphanages, and other institutions or organizations operated exclusively for religious or charitable purposes, interest free loan associations not operated for profit, nonprofit organized sporting leagues and associations and bands for boys and girls under the age of nineteen (19) years, the following vocational student organizations that are state chapters of national vocational students organizations: Distributive Education Clubs of America, (DECA); Future Business Leaders of America, phi beta lambda (FBLA/PBL); Future Farmers of America (FFA); Future Homemakers of America/Home Economics Related Occupations (FHA/HERD); and Vocational Industrial Clubs of America (VICA), organized nonprofit golden age and senior citizens clubs for men and women, and parent teacher associations.
(ii) In the case of contracts entered into with the federal government, its agencies or instrumentalities, this state or any other state of the United States of America, its agencies, any city, town, district, or other political subdivision of the states, hospitals not operated for profit, educational institutions not operated for profit, churches, orphanages, and other institutions or organizations operated exclusively for religious or charitable purposes, the contractor may purchase such materials and supplies (materials and/or supplies are defined as those which are essential to the project) that are to be utilized in the construction of the projects being performed under the contracts without payment of the tax.
(iii) The contractor shall not charge any sales or use tax to any exempt agency, institution, or organization but shall in that instance provide his or her suppliers with certificates in the form as determined by the division of taxation showing the reason for exemption; and the contractor's records must substantiate the claim for exemption by showing the disposition of all property so purchased. If any property is then used for a nonexempt purpose, the contractor must pay the tax on the property used.
(6) Gasoline. From the sale and from the storage, use, or other consumption in this state of: (i) gasoline and other products taxed under chapter 36 of title 31, and (ii) fuels used for the propulsion of airplanes.
(7) Purchase for manufacturing purposes.
(i) From the sale and from the storage, use, or other consumption in this state of computer software, tangible personal property, electricity, natural gas, artificial gas, steam, refrigeration, and water, when the property or service is purchased for the purpose of being manufactured into a finished product for resale, and becomes an ingredient, component, or integral part of the manufactured, compounded, processed, assembled, or prepared product, or if the property or service is consumed in the process of manufacturing for resale computer software, tangible personal property, electricity, natural gas, artificial gas, steam, refrigeration, or water.
(ii) "Consumed" means destroyed, used up, or worn out to the degree or extent that the property cannot be repaired, reconditioned, or rendered fit for further manufacturing use.
(iii) "Consumed" includes mere obsolescence.
(iv) "Manufacturing" means and includes manufacturing, compounding, processing, assembling, preparing, or producing.
(v) "Process of manufacturing" means and includes all production operations performed in the producing or processing room, shop, or plant, insofar as the operations are a part of and connected with the manufacturing for resale of tangible personal property, electricity, natural gas, artificial gas, steam, refrigeration, or water and all production operations performed insofar as the operations are a part of and connected with the manufacturing for resale of computer software.
(vi) "Process of manufacturing" does not mean or include administration operations such as general office operations, accounting, collection, sales promotion, nor does it mean or include distribution operations which occur subsequent to production operations, such as handling, storing, selling, and transporting the manufactured products, even though the administration and distribution operations are performed by or in connection with a manufacturing business.
(8) State and political subdivisions. From the sale to, and from the storage, use, or other consumption by, this state, any city, town, district, or other political subdivision of this state. Every redevelopment agency created pursuant to chapter 31 of title 45 is deemed to be a subdivision of the municipality where it is located.
(9) Food and food ingredients. From the sale and storage, use, or other consumption in this state of food and food ingredients as defined in § 44-18-7.1(l).
For the purposes of this exemption "food and food ingredients" shall not include candy, soft drinks, dietary supplements, alcoholic beverages, tobacco, food sold through vending machines or prepared food (as those terms are defined in § 44-18-7.1, unless the prepared food is:
(i) Sold by a seller whose primary NAICS classification is manufacturing in sector 311, except sub-sector 3118 (bakeries);
(ii) Sold in an unheated state by weight or volume as a single item;
(iii) Bakery items, including bread, rolls, buns, biscuits, bagels, croissants, pastries, donuts, danish, cakes, tortes, pies, tarts, muffins, bars, cookies, tortillas; and is not sold with utensils provided by the seller, including plates, knives, forks, spoons, glasses, cups, napkins, or straws.
(10) Medicines, drugs and durable medical equipment. From the sale and from the storage, use, or other consumption in this state, of;
(i) "Drugs" as defined in § 44-18-7.1(h)(i), sold on prescriptions, medical oxygen, and insulin whether or not sold on prescription. For purposes of this exemption, drugs shall not include over the counter drugs, and grooming and hygiene products as defined in § 44-18-7.1(h)(iii).
(ii) Durable medical equipment as defined in section 44-18-7.1(k) for home use only, including, but not limited to, syringe infusers, ambulatory drug delivery pumps, hospital beds, convalescent chairs, and chair lifts. Supplies used in connection with syringe infusers and ambulatory drug delivery pumps which are sold on prescription to individuals to be used by them to dispense or administer prescription drugs, and related ancillary dressings and supplies used to dispense or administer prescription drugs shall also be exempt from tax.
(11) Prosthetic devices and mobility enhancing equipment. From the sale and from the storage, use, or other consumption in this state, of prosthetic devices as defined in § 44-18-7.1(t), sold on prescription, including but not limited to, artificial limbs, dentures, spectacles and eyeglasses, and artificial eyes; artificial hearing devices and hearing aids, whether or not sold on prescription and mobility enhancing equipment as defined in § 44-18-7.1(p) including wheelchairs, crutches and canes.
(12) Coffins, caskets, and burial garments. From the sale and from the storage, use, or other consumption in this state of coffins or caskets, and shrouds or other burial garments which are ordinarily sold by a funeral director as part of the business of funeral directing.
(13) Motor vehicles sold to nonresidents.
(i) From the sale, subsequent to June 30, 1958, of a motor vehicle to a bona fide nonresident of this state who does not register the motor vehicle in this state, whether the sale or delivery of the motor vehicle is made in this state or at the place of residence of the nonresident. A motor vehicle sold to a bona fide nonresident whose state of residence does not allow a like exemption to its nonresidents is not exempt from the tax imposed under § 44-18-20. In that event the bona fide nonresident pays a tax to Rhode Island on the sale at a rate equal to the rate that would be imposed in his or her state of residence not to exceed the rate that would have been imposed under § 44-18-20. Notwithstanding any other provisions of law, a licensed motor vehicle dealer shall add and collect the tax required under this subdivision and remit the tax to the tax administrator under the provisions of chapters 18 and 19 of this title. When a Rhode Island licensed motor vehicle dealer is required to add and collect the sales and use tax on the sale of a motor vehicle to a bona fide nonresident as provided in this section, the dealer in computing the tax takes into consideration the law of the state of the nonresident as it relates to the trade-in of motor vehicles.
(ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may require any licensed motor vehicle dealer to keep records of sales to bona fide nonresidents as the tax administrator deems reasonably necessary to substantiate the exemption provided in this subdivision, including the affidavit of a licensed motor vehicle dealer that the purchaser of the motor vehicle was the holder of, and had in his or her possession a valid out of state motor vehicle registration or a valid out of state driver's license.
(iii) Any nonresident who registers a motor vehicle in this state within ninety (90) days of the date of its sale to him or her is deemed to have purchased the motor vehicle for use, storage, or other consumption in this state, and is subject to, and liable for the use tax imposed under the provisions of § 44-18-20.
(14) Sales in public buildings by blind people. From the sale and from the storage, use, or other consumption in all public buildings in this state of all products or wares by any person licensed under § 40-9-11.1.
(15) Air and water pollution control facilities. From the sale, storage, use, or other consumption in this state of tangible personal property or supplies acquired for incorporation into or used and consumed in the operation of a facility, the primary purpose of which is to aid in the control of the pollution or contamination of the waters or air of the state, as defined in chapter 12 of title 46 and chapter 25 of title 23, respectively, and which has been certified as approved for that purpose by the director of environmental management. The director of environmental management may certify to a portion of the tangible personal property or supplies acquired for incorporation into those facilities or used and consumed in the operation of those facilities to the extent that that portion has as its primary purpose the control of the pollution or contamination of the waters or air of this state. As used in this subdivision, "facility" means any land, facility, device, building, machinery, or equipment.
(16) Camps. From the rental charged for living quarters, or sleeping or housekeeping accommodations at camps or retreat houses operated by religious, charitable, educational, or other organizations and associations mentioned in subdivision (5), or by privately owned and operated summer camps for children.
(17) Certain institutions. From the rental charged for living or sleeping quarters in an institution licensed by the state for the hospitalization, custodial, or nursing care of human beings.
(18) Educational institutions. From the rental charged by any educational institution for living quarters, or sleeping or housekeeping accommodations or other rooms or accommodations to any student or teacher necessitated by attendance at an educational institution. "Educational institution" as used in this section means an institution of learning not operated for profit which is empowered to confer diplomas, educational, literary, or academic degrees, which has a regular faculty, curriculum, and organized body of pupils or students in attendance throughout the usual school year, which keeps and furnishes to students and others records required and accepted for entrance to schools of secondary, collegiate, or graduate rank, no part of the net earnings of which inures to the benefit of any individual.
(19) Motor vehicle and adaptive equipment for persons with disabilities.
(i) From the sale of: (A) special adaptations, (B) the component parts of the special adaptations, or (C) a specially adapted motor vehicle; provided, that the owner furnishes to the tax administrator an affidavit of a licensed physician to the effect that the specially adapted motor vehicle is necessary to transport a family member with a disability or where the vehicle has been specially adapted to meet the specific needs of the person with a disability. This exemption applies to not more than one motor vehicle owned and registered for personal, noncommercial use.
(ii) For the purpose of this subsection the term "special adaptations" includes, but is not limited to: wheelchair lifts; wheelchair carriers; wheelchair ramps; wheelchair securements; hand controls; steering devices; extensions, relocations, and crossovers of operator controls; power-assisted controls; raised tops or dropped floors; raised entry doors; or alternative signaling devices to auditory signals.
(iii) From the sale of: (a) special adaptations, (b) the component parts of the special adaptations, for a "wheelchair accessible taxicab" as defined in § 39-14-1 and/or a "wheelchair accessible public motor vehicle" as defined in § 39-14.1-1.
(iv) For the purpose of this subdivision the exemption for a "specially adapted motor vehicle" means a use tax credit not to exceed the amount of use tax that would otherwise be due on the motor vehicle, exclusive of any adaptations. The use tax credit is equal to the cost of the special adaptations, including installation.
(20) Heating fuels. From the sale and from the storage, use, or other consumption in this state of every type of fuel used in the heating of homes and residential premises.
(21) Electricity and gas. From the sale and from the storage, use, or other consumption in this state of electricity and gas furnished for domestic use by occupants of residential premises.
(22) Manufacturing machinery and equipment.
(i) From the sale and from the storage, use, or other consumption in this state of tools, dies, and molds, and machinery and equipment (including replacement parts), and related items to the extent used in an industrial plant in connection with the actual manufacture, conversion, or processing of tangible personal property, or to the extent used in connection with the actual manufacture, conversion or processing of computer software as that term is utilized in industry numbers 7371, 7372, and 7373 in the standard industrial classification manual prepared by the technical committee on industrial classification, office of statistical standards, executive office of the president, United States bureau of the budget, as revised from time to time, to be sold, or that machinery and equipment used in the furnishing of power to an industrial manufacturing plant. For the purposes of this subdivision, "industrial plant" means a factory at a fixed location primarily engaged in the manufacture, conversion, or processing of tangible personal property to be sold in the regular course of business;
(ii) Machinery and equipment and related items are not deemed to be used in connection with the actual manufacture, conversion, or processing of tangible personal property, or in connection with the actual manufacture, conversion or processing of computer software as that term is utilized in industry numbers 7371, 7372, and 7373 in the standard industrial classification manual prepared by the technical committee on industrial classification, office of statistical standards, executive office of the president, United States bureau of the budget, as revised from time to time, to be sold to the extent the property is used in administration or distribution operations;
(iii) Machinery and equipment and related items used in connection with the actual manufacture, conversion, or processing of any computer software or any tangible personal property which is not to be sold and which would be exempt under subdivision (7) or this subdivision if purchased from a vendor or machinery and equipment and related items used during any manufacturing, converting or processing function is exempt under this subdivision even if that operation, function, or purpose is not an integral or essential part of a continuous production flow or manufacturing process;
(iv) Where a portion of a group of portable or mobile machinery is used in connection with the actual manufacture, conversion, or processing of computer software or tangible personal property to be sold, as previously defined, that portion, if otherwise qualifying, is exempt under this subdivision even though the machinery in that group is used interchangeably and not otherwise identifiable as to use.
(23) Trade-in value of motor vehicles. From the sale and from the storage, use, or other consumption in this state of so much of the purchase price paid for a new or used automobile as is allocated for a trade-in allowance on the automobile of the buyer given in trade to the seller, or of the proceeds applicable only to the automobile as are received from the manufacturer of automobiles for the repurchase of the automobile whether the repurchase was voluntary or not towards the purchase of a new or used automobile by the buyer. For the purpose of this subdivision, the word "automobile" means a private passenger automobile not used for hire and does not refer to any other type of motor vehicle.
(24) Precious metal bullion. (i) From the sale and from the storage, use, or other consumption in this state of precious metal bullion, substantially equivalent to a transaction in securities or commodities.
(ii) For purposes of this subdivision, "precious metal bullion" means any elementary precious metal which has been put through a process of smelting or refining, including, but not limited to, gold, silver, platinum, rhodium, and chromium, and which is in a state or condition that its value depends upon its content and not upon its form.
(iii) The term does not include fabricated precious metal which has been processed or manufactured for some one or more specific and customary industrial, professional, or artistic uses.
(25) Commercial vessels. From sales made to a commercial ship, barge, or other vessel of fifty (50) tons burden or over, primarily engaged in interstate or foreign commerce, and from the repair, alteration, or conversion of the vessels, and from the sale of property purchased for the use of the vessels including provisions, supplies, and material for the maintenance and/or repair of the vessels.
(26) Commercial fishing vessels. From the sale and from the storage, use, or other consumption in this state of vessels and other water craft which are in excess of five (5) net tons and which are used exclusively for "commercial fishing", as defined in this subdivision, and from the repair, alteration, or conversion of those vessels and other watercraft, and from the sale of property purchased for the use of those vessels and other watercraft including provisions, supplies, and material for the maintenance and/or repair of the vessels and other watercraft and the boats nets, cables, tackle, and other fishing equipment appurtenant to or used in connection with the commercial fishing of the vessels and other watercraft. "Commercial fishing" means the taking or the attempting to take any fish, shellfish, crustacea, or bait species with the intent of disposing of them for profit or by sale, barter, trade, or in commercial channels. The term does not include subsistence fishing, i.e., the taking for personal use and not for sale or barter; or sport fishing; but shall include vessels and other watercraft with a Rhode Island party and charter boat license issued by the department of environmental management pursuant to § 20-2-27.1 which meet the following criteria: (i) the operator must have a current U.S.C.G. license to carry passengers for hire; (ii) U.S.C.G. vessel documentation in the coast wide fishery trade; (iii) U.S.C.G. vessel documentation as to proof of Rhode Island home port status or a Rhode Island boat registration to prove Rhode Island home port status; (iv) the vessel must be used as a commercial passenger carrying fishing vessel to carry passengers for fishing. The vessel must be able to demonstrate that at least fifty percent (50%) of its annual gross income derives from charters or provides documentation of a minimum of one hundred (100) charter trips annually; (v) the vessel must have a valid Rhode Island party and charter boat license. The tax administrator shall implement the provisions of this subdivision by promulgating rules and regulations relating thereto.
(27) Clothing and footwear. From the sales of articles of clothing, including footwear, intended to be worn or carried on or about the human body for sales prior to October 1, 2012. Effective October 1, 2012, the exemption will apply to the sales of articles of clothing, including footwear, intended to be worn or carried on or about the human body up to two hundred and fifty dollars ($250) of the sales price per item. For the purposes of this section, "clothing or footwear" does not include clothing accessories or equipment or special clothing or footwear primarily designed for athletic activity or protective use as these terms are defined in § 44-18-7.1(f). In recognition of the work being performed by the Streamlined Sales and Use Tax Governing Board, upon any federal law which requires remote sellers to collect and remit taxes, effective the first (1st) day of the first (1st) state fiscal quarter following the change, this exemption will apply as it did prior to October 1, 2012.
(28) Water for residential use. From the sale and from the storage, use, or other consumption in this state of water furnished for domestic use by occupants of residential premises.
(29) Bibles. [Unconstitutional; see Ahlburn v. Clark, 728 A.2d 449 (R.I. 1999); see Notes to Decisions.] From the sale and from the storage, use, or other consumption in the state of any canonized scriptures of any tax-exempt nonprofit religious organization including, but not limited to, the Old Testament and the New Testament versions.
(30) Boats.
(i) From the sale of a boat or vessel to a bona fide nonresident of this state who does not register the boat or vessel in this state, or document the boat or vessel with the United States government at a home port within the state, whether the sale or delivery of the boat or vessel is made in this state or elsewhere; provided, that the nonresident transports the boat within thirty (30) days after delivery by the seller outside the state for use thereafter solely outside the state.
(ii) The tax administrator, in addition to the provisions of §§ 44-19-17 and 44-19-28, may require the seller of the boat or vessel to keep records of the sales to bona fide nonresidents as the tax administrator deems reasonably necessary to substantiate the exemption provided in this subdivision, including the affidavit of the seller that the buyer represented himself or herself to be a bona fide nonresident of this state and of the buyer that he or she is a nonresident of this state.
(31) Youth activities equipment. From the sale, storage, use, or other consumption in this state of items for not more than twenty dollars ($20.00) each by nonprofit Rhode Island eleemosynary organizations, for the purposes of youth activities which the organization is formed to sponsor and support; and by accredited elementary and secondary schools for the purposes of the schools or of organized activities of the enrolled students.
(32) Farm equipment. From the sale and from the storage or use of machinery and equipment used directly for commercial farming and agricultural production; including, but not limited to, tractors, ploughs, harrows, spreaders, seeders, milking machines, silage conveyors, balers, bulk milk storage tanks, trucks with farm plates, mowers, combines, irrigation equipment, greenhouses and greenhouse coverings, graders and packaging machines, tools and supplies and other farming equipment, including replacement parts, appurtenant to or used in connection with commercial farming and tools and supplies used in the repair and maintenance of farming equipment. "Commercial farming" means the keeping or boarding of five (5) or more horses or the production within this state of agricultural products, including, but not limited to, field or orchard crops, livestock, dairy, and poultry, or their products, where the keeping, boarding, or production provides at least two thousand five hundred dollars ($2,500) in annual gross sales to the operator, whether an individual, a group, a partnership, or a corporation for exemptions issued prior to July 1, 2002; for exemptions issued or renewed after July 1, 2002, there shall be two (2) levels. Level I shall be based on proof of annual gross sales from commercial farming of at least twenty-five hundred dollars ($2,500) and shall be valid for purchases subject to the exemption provided in this subdivision except for motor vehicles with an excise tax value of five thousand dollars ($5,000) or greater; Level II shall be based on proof of annual gross sales from commercial farming of at least ten thousand dollars ($10,000) or greater and shall be valid for purchases subject to the exemption provided in this subdivision including motor vehicles with an excise tax value of five thousand dollars ($5,000) or greater. For the initial issuance of the exemptions, proof of the requisite amount of annual gross sales from commercial farming shall be required for the prior year; for any renewal of an exemption granted in accordance with this subdivision at either Level I or Level II, proof of gross annual sales from commercial farming at the requisite amount shall be required for each of the prior two (2) years. Certificates of exemption issued or renewed after July 1, 2002, shall clearly indicate the level of the exemption and be valid for four (4) years after the date of issue. This exemption applies even if the same equipment is used for ancillary uses, or is temporarily used for a non-farming or a non-agricultural purpose, but shall not apply to motor vehicles acquired after July 1, 2002, unless the vehicle is a farm vehicle as defined pursuant to § 31-1-8 and is eligible for registration displaying farm plates as provided for in § 31-3-31.
(33) Compressed air. From the sale and from the storage, use, or other consumption in the state of compressed air.
(34) Flags. From the sale and from the storage, consumption, or other use in this state of United States, Rhode Island or POW-MIA flags.
(35) Motor vehicle and adaptive equipment to certain veterans. From the sale of a motor vehicle and adaptive equipment to and for the use of a veteran with a service-connected loss of or the loss of use of a leg, foot, hand, or arm, or any veteran who is a double amputee, whether service connected or not. The motor vehicle must be purchased by and especially equipped for use by the qualifying veteran. Certificate of exemption or refunds of taxes paid is granted under rules or regulations that the tax administrator may prescribe.
(36) Textbooks. From the sale and from the storage, use, or other consumption in this state of textbooks by an "educational institution" as defined in subdivision (18) of this section and as well as any educational institution within the purview of § 16-63-9(4) and used textbooks by any purveyor.
(37) Tangible personal property and supplies used in on-site hazardous waste recycling, reuse, or treatment. From the sale, storage, use, or other consumption in this state of tangible personal property or supplies used or consumed in the operation of equipment, the exclusive function of which is the recycling, reuse, or recovery of materials (other than precious metals, as defined in subdivision (24)(ii) of this section) from the treatment of "hazardous wastes", as defined in § 23-19.1-4, where the "hazardous wastes" are generated in Rhode Island solely by the same taxpayer and where the personal property is located at, in, or adjacent to a generating facility of the taxpayer in Rhode Island. The taxpayer shall procure an order from the director of the department of environmental management certifying that the equipment and/or supplies as used, or consumed, qualify for the exemption under this subdivision. If any information relating to secret processes or methods of manufacture, production, or treatment is disclosed to the department of environmental management only to procure an order, and is a "trade secret" as defined in § 28-21-10(b), it is not open to public inspection or publicly disclosed unless disclosure is required under chapter 21 of title 28 or chapter 24.4 of title 23.
(38) Promotional and product literature of boat manufacturers. From the sale and from the storage, use, or other consumption of promotional and product literature of boat manufacturers shipped to points outside of Rhode Island which either: (i) accompany the product which is sold, (ii) are shipped in bulk to out of state dealers for use in the sale of the product, or (iii) are mailed to customers at no charge.
(39) Food items paid for by food stamps. From the sale and from the storage, use, or other consumption in this state of eligible food items payment for which is properly made to the retailer in the form of U.S. government food stamps issued in accordance with the Food Stamp Act of 1977, 7 U.S.C. § 2011 et seq.
(40) Transportation charges. From the sale or hiring of motor carriers as defined in § 39-12-2(l) to haul goods, when the contract or hiring cost is charged by a motor freight tariff filed with the Rhode Island public utilities commission on the number of miles driven or by the number of hours spent on the job.
(41) Trade-in value of boats. From the sale and from the storage, use, or other consumption in this state of so much of the purchase price paid for a new or used boat as is allocated for a trade-in allowance on the boat of the buyer given in trade to the seller or of the proceeds applicable only to the boat as are received from an insurance claim as a result of a stolen or damaged boat, towards the purchase of a new or used boat by the buyer.
(42) Equipment used for research and development. From the sale and from the storage, use, or other consumption of equipment to the extent used for research and development purposes by a qualifying firm. For the purposes of this subdivision, "qualifying firm" means a business for which the use of research and development equipment is an integral part of its operation, and "equipment" means scientific equipment, computers, software, and related items.
(43) Coins. From the sale and from the other consumption in this state of coins having numismatic or investment value.
(44) Farm structure construction materials. Lumber, hardware and other materials used in the new construction of farm structures, including production facilities such as, but not limited to, farrowing sheds, free stall and stanchion barns, milking parlors, silos, poultry barns, laying houses, fruit and vegetable storages, rooting cellars, propagation rooms, greenhouses, packing rooms, machinery storage, seasonal farm worker housing, certified farm markets, bunker and trench silos, feed storage sheds, and any other structures used in connection with commercial farming.
(45) Telecommunications carrier access service. Carrier access service or telecommunications service when purchased by a telecommunications company from another telecommunications company to facilitate the provision of telecommunications service.
(46) Boats or vessels brought into the state exclusively for winter storage, maintenance, repair or sale. Notwithstanding the provisions of §§ 44-18-10, 44-18-11, 44-18-20, the tax imposed by § 44-18-20 is not applicable for the period commencing on the first day of October in any year to and including the 30th day of April next succeeding with respect to the use of any boat or vessel within this state exclusively for purposes of: (i) delivery of the vessel to a facility in this state for storage, including dry storage and storage in water by means of apparatus preventing ice damage to the hull, maintenance, or repair; (ii) the actual process of storage, maintenance, or repair of the boat or vessel; or (iii) storage for the purpose of selling the boat or vessel.
(47) Jewelry display product. From the sale and from the storage, use, or other consumption in this state of tangible personal property used to display any jewelry product; provided, that title to the jewelry display product is transferred by the jewelry manufacturer or seller and that the jewelry display product is shipped out of state for use solely outside the state and is not returned to the jewelry manufacturer or seller.
(48) Boats or vessels generally. Notwithstanding the provisions of this chapter, the tax imposed by §§ 44-18-20 and 44-18-18 shall not apply with respect to the sale and to the storage, use, or other consumption in this state of any new or used boat. The exemption provided for in this subdivision does not apply after October 1, 1993, unless prior to October 1, 1993, the federal ten percent (10%) surcharge on luxury boats is repealed.
(49) Banks and Regulated investment companies interstate toll-free calls. Notwithstanding the provisions of this chapter, the tax imposed by this chapter does not apply to the furnishing of interstate and international, toll-free terminating telecommunication service that is used directly and exclusively by or for the benefit of an eligible company as defined in this subdivision; provided, that an eligible company employs on average during the calendar year no less than five hundred (500) "full-time equivalent employees", as that term is defined in § 42-64.5-2. For purposes of this section, an "eligible company" means a "regulated investment company" as that term is defined in the Internal Revenue Code of 1986, 26 U.S.C. § 1 et seq., or a corporation to the extent the service is provided, directly or indirectly, to or on behalf of a regulated investment company, an employee benefit plan, a retirement plan or a pension plan or a state chartered bank.
(50) Mobile and manufactured homes generally. From the sale and from the storage, use, or other consumption in this state of mobile and/or manufactured homes as defined and subject to taxation pursuant to the provisions of chapter 44 of title 31.
(51) Manufacturing business reconstruction materials.
(i) From the sale and from the storage, use or other consumption in this state of lumber, hardware, and other building materials used in the reconstruction of a manufacturing business facility which suffers a disaster, as defined in this subdivision, in this state. "Disaster" means any occurrence, natural or otherwise, which results in the destruction of sixty percent (60%) or more of an operating manufacturing business facility within this state. "Disaster" does not include any damage resulting from the willful act of the owner of the manufacturing business facility.
(ii) Manufacturing business facility includes, but is not limited to, the structures housing the production and administrative facilities.
(iii) In the event a manufacturer has more than one manufacturing site in this state, the sixty percent (60%) provision applies to the damages suffered at that one site.
(iv) To the extent that the costs of the reconstruction materials are reimbursed by insurance, this exemption does not apply.
(52) Tangible personal property and supplies used in the processing or preparation of floral products and floral arrangements. From the sale, storage, use, or other consumption in this state of tangible personal property or supplies purchased by florists, garden centers, or other like producers or vendors of flowers, plants, floral products, and natural and artificial floral arrangements which are ultimately sold with flowers, plants, floral products, and natural and artificial floral arrangements or are otherwise used in the decoration, fabrication, creation, processing, or preparation of flowers, plants, floral products, or natural and artificial floral arrangements, including descriptive labels, stickers, and cards affixed to the flower, plant, floral product or arrangement, artificial flowers, spray materials, floral paint and tint, plant shine, flower food, insecticide and fertilizers.
(53) Horse food products. From the sale and from the storage, use, or other consumption in this state of horse food products purchased by a person engaged in the business of the boarding of horses.
(54) Non-motorized recreational vehicles sold to nonresidents.
(i) From the sale, subsequent to June 30, 2003, of a non-motorized recreational vehicle to a bona fide nonresident of this state who does not register the non-motorized recreational vehicle in this state, whether the sale or delivery of the non-motorized recreational vehicle is made in this state or at the place of residence of the nonresident; provided, that a non-motorized recreational vehicle sold to a bona fide nonresident whose state of residence does not allow a like exemption to its nonresidents is not exempt from the tax imposed under § 44-18-20; provided, further, that in that event the bona fide nonresident pays a tax to Rhode Island on the sale at a rate equal to the rate that would be imposed in his or her state of residence not to exceed the rate that would have been imposed under § 44-18-20. Notwithstanding any other provisions of law, a licensed non-motorized recreational vehicle dealer shall add and collect the tax required under this subdivision and remit the tax to the tax administrator under the provisions of chapters 18 and 19 of this title. Provided, that when a Rhode Island licensed non-motorized recreational vehicle dealer is required to add and collect the sales and use tax on the sale of a non-motorized recreational vehicle to a bona fide nonresident as provided in this section, the dealer in computing the tax takes into consideration the law of the state of the nonresident as it relates to the trade-in of motor vehicles.
(ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may require any licensed non-motorized recreational vehicle dealer to keep records of sales to bona fide nonresidents as the tax administrator deems reasonably necessary to substantiate the exemption provided in this subdivision, including the affidavit of a licensed non-motorized recreational vehicle dealer that the purchaser of the non-motorized recreational vehicle was the holder of, and had in his or her possession a valid out-of-state non-motorized recreational vehicle registration or a valid out-of-state driver's license.
(iii) Any nonresident who registers a non-motorized recreational vehicle in this state within ninety (90) days of the date of its sale to him or her is deemed to have purchased the non-motorized recreational vehicle for use, storage, or other consumption in this state, and is subject to, and liable for the use tax imposed under the provisions of § 44-18-20.
(iv) "Non-motorized recreational vehicle" means any portable dwelling designed and constructed to be used as a temporary dwelling for travel, camping, recreational, and vacation use which is eligible to be registered for highway use, including, but not limited to, "pick-up coaches" or "pick-up campers," "travel trailers," and "tent trailers" as those terms are defined in chapter 1 of title 31.
(55) Sprinkler and fire alarm systems in existing buildings. From the sale in this state of sprinkler and fire alarm systems, emergency lighting and alarm systems, and from the sale of the materials necessary and attendant to the installation of those systems, that are required in buildings and occupancies existing therein in July 2003, in order to comply with any additional requirements for such buildings arising directly from the enactment of the Comprehensive Fire Safety Act of 2003, and that are not required by any other provision of law or ordinance or regulation adopted pursuant to that Act. The exemption provided in this subdivision shall expire on December 31, 2008.
(56) Aircraft. Notwithstanding the provisions of this chapter, the tax imposed by §§ 44-18-18 and 44-18-20 shall not apply with respect to the sale and to the storage, use, or other consumption in this state of any new or used aircraft or aircraft parts.
(57) Renewable energy products. Notwithstanding any other provisions of Rhode Island general laws the following products shall also be exempt from sales tax: solar photovoltaic modules or panels, or any module or panel that generates electricity from light; solar thermal collectors, including, but not limited to, those manufactured with flat glass plates, extruded plastic, sheet metal, and/or evacuated tubes; geothermal heat pumps, including both water-to-water and water-to-air type pumps; wind turbines; towers used to mount wind turbines if specified by or sold by a wind turbine manufacturer; DC to AC inverters that interconnect with utility power lines; manufactured mounting racks and ballast pans for solar collector, module or panel installation. Not to include materials that could be fabricated into such racks; monitoring and control equipment, if specified or supplied by a manufacturer of solar thermal, solar photovoltaic, geothermal, or wind energy systems or if required by law or regulation for such systems but not to include pumps, fans or plumbing or electrical fixtures unless shipped from the manufacturer affixed to, or an integral part of, another item specified on this list; and solar storage tanks that are part of a solar domestic hot water system or a solar space heating system. If the tank comes with an external heat exchanger it shall also be tax exempt, but a standard hot water tank is not exempt from state sales tax.
(58) Returned property. The amount charged for property returned by customers upon rescission of the contract of sale when the entire amount exclusive of handling charges paid for the property is refunded in either cash or credit, and where the property is returned within one hundred twenty (120) days from the date of delivery.
(59) Dietary Supplements. From the sale and from the storage, use or other consumption of dietary supplements as defined in § 44-18-7.1(l)(v), sold on prescriptions.
(60) Blood. From the sale and from the storage, use or other consumption of human blood.
(61) Agricultural products for human consumption. From the sale and from the storage, use or other consumption of livestock and poultry of the kinds of products of which ordinarily constitute food for human consumption and of livestock of the kind the products of which ordinarily constitute fibers for human use.
(62) Diesel emission control technology. From the sale and use of diesel retrofit technology that is required by § 31-47.3-4 of the general laws.
SECTION 4. Chapter 44-18 of the General Laws entitled “Sales and Use Taxes – Liability and Computation” is hereby amended by adding thereto the following section:
44-18-7.3. Services defined.-- (a) “Services” means all activities engaged in for other persons for a fee, retainer, commission, or other monetary charge, which activities involve the performance of a service in this state as distinguished from selling property.
(b) The following businesses and services performed in this state, along with the applicable 2007 North American Industrial Classification System (NAICS) codes, are included in the definition of services:
(1) Taxicab and limousine services including but not limited to:
(i) Taxicab services including taxi dispatchers (485310); and
(ii) Limousine services (485320).
(2) Other road transportation service including but not limited to:
(i) Charter bus service (485510); and
(ii) All other transit and ground passenger transportation (485999).
(3) Pet care services (812910) except veterinary and testing laboratories services.
(c) The tax administrator is authorized to promulgate rules and regulations in accordance with the provisions of chapter 42-35 to carry out the provisions, policies, and purposes of this chapter.
SECTION 5. Section 44-19-7 of the General Laws in Chapter 44-19 entitled “Sales and Use Taxes – Enforcement and Collection” is hereby amended to read as follows:
44-19-7. Registration
of retailers [effective until October 1, 2012]. -- Every retailer
selling tangible personal property, or prewritten computer software delivered
electronically or by load and leave for storage, use, or other consumption in
this state, and/or package tour and scenic and sightseeing transportation
services or renting living quarters in any hotel, rooming house, or
tourist camp in this state must register with the tax administrator and give
the name and address of all agents operating in this state, the location of all
distribution or sales houses or offices, or of any hotel, rooming house, or
tourist camp or other places of business in this state, and other information
that the tax administrator may require.
44-19-7. Registration of retailers [effective October 1, 2012]. -- Every retailer selling tangible personal property, or prewritten computer software delivered electronically or by load and leave for storage, use, or other consumption in this state, as well as services as defined in section 44-18-7.3, in this state, or renting living quarters in any hotel as defined in section 42-63.1-2, rooming house, or tourist camp in this state must register with the tax administrator and give the name and address of all agents operating in this state, the location of all distribution or sales houses or offices, or of any hotel as defined in section 42-63.1-2, rooming house, or tourist camp or other places of business in this state, and other information that the tax administrator may require.
SECTION 6. Sections 44-20-1, 44-20-2, 44-20-3, 44-20-4.1, 44-20-12, 44-20-13, 44-20-13.2, 44-20-39 and 44-20-45 of the General Laws in Chapter 44-20 entitled "Cigarette Tax" is hereby amended to read as follows:
44-20-1. Definitions. -- Whenever used in this chapter, unless the context requires otherwise:
(1) "Administrator" means the tax administrator;
(2) "Cigarettes" means and includes any cigarettes suitable for smoking in cigarette form, and each sheet of cigarette rolling paper;
(3) "Dealer" means any person whether located within or outside of this state, who sells or distributes cigarettes to a consumer in this state;
(4) "Distributor" means any person:
(A) Whether located within or outside of this state, other than a dealer, who sells or distributes cigarettes within or into this state. Such term shall not include any cigarette manufacturer, export warehouse proprietor, or importer with a valid permit under 26 U.S.C. § 5712, if such person sells or distributes cigarettes in this state only to licensed distributors, or to an export warehouse proprietor or another manufacturer with a valid permit under 26 U.S.C. § 5712;
(B) Selling cigarettes directly to consumers in this state by means of at least twenty-five (25) cigarette vending machines;
(C) Engaged in this state in the business of manufacturing cigarettes or any person engaged in the business of selling cigarettes to dealers, or to other persons, for the purpose of resale only; provided, that seventy-five percent (75%) of all cigarettes sold by that person in this state are sold to dealers or other persons for resale and selling cigarettes directly to at least forty (40) dealers or other persons for resale; or
(D) Maintaining one or more regular places of business in this state for that purpose; provided, that seventy-five percent (75%) of the sold cigarettes are purchased directly from the manufacturer and selling cigarettes directly to at least forty (40) dealers or other persons for resale;
(5) "Importer" means any person who imports into the United States, either directly or indirectly, a finished cigarette for sale or distribution;
(6) "Licensed", when used with reference to a manufacturer, importer, distributor or dealer, means only those persons who hold a valid and current license issued under § 44-20-2 for the type of business being engaged in. When the term "licensed" is used before a list of entities, such as "licensed manufacturer, importer, wholesale dealer, or retailer dealer," such term shall be deemed to apply to each entity in such list;
(7) "Manufacturer" means any person who manufactures, fabricates, assembles, processes, or labels a finished cigarette;
(8) "Person" means any individual, including an employee or agent, firm, fiduciary, partnership, corporation, trust, or association, however formed;
(9) "Place of business" means and includes any place where cigarettes are sold or where cigarettes are stored or kept for the purpose of sale or consumption, including any vessel, vehicle, airplane, train, or vending machine;
(10) "Sale" or "sell" includes and applies to gifts, exchanges, and barter;
(11) "Stamp" means the impression, device, stamp, label, or print manufactured, printed, or made as prescribed by the administrator to be affixed to packages of cigarettes, as evidence of the payment of the tax provided by this chapter or to indicate that the cigarettes are intended for a sale or distribution in this state that is exempt from state tax under the provisions of state law; and also includes impressions made by metering machines authorized to be used under the provisions of this chapter.
44-20-2. Importer, distributor, and dealer licenses required – Licenses required. -- Each person engaging in the business of selling cigarette and/or any tobacco products in this state, including any distributor or dealer, shall secure a license from the administrator before engaging in that business, or continuing to engage in it. A separate application and license is required for each place of business operated by a distributor or dealer; provided, that an operator of vending machines for cigarette products is not required to obtain a distributor's license for each machine. If the applicant for a license does not have a place of business in this state, the license shall be issued for such applicant's principal place of business, wherever located. A licensee shall notify the administrator within thirty (30) days in the event that it changes its principal place of business. A separate license is required for each class of business if the applicant is engaged in more than one of the activities required to be licensed by this section. No person shall maintain or operate or cause to be operated a vending machine for cigarette products without procuring a dealer's license for each machine.
44-20-3. Penalties for unlicensed business. -- Any distributor or dealer who sells, offers for sale, or possesses with intent to sell, cigarettes and/or any tobacco products without a license as provided in § 44-20-2, shall be fined in accordance with the provisions of and the penalties contained in § 11-9-13.15.
44-20-4.1. License
availability. -- (a) No license under this chapter may be
granted, maintained or renewed if the applicant, or any combination of persons
owning directly or indirectly, in the aggregate,
more than ten percent (10%) of the ownership any interests in the applicant:
(1) Owes five hundred dollars ($500) or more in delinquent cigarette taxes;
(2) Is delinquent in any tax filings for one month or more;
(2)(3) Had a license under this chapter revoked by
the administrator within the past two (2) years;
(3)(4) Has been convicted of a crime relating to
cigarettes stolen or counterfeit cigarettes;
(4)(5) Is a cigarette manufacturer or importer that
is neither: (i) a participating manufacturer as defined in subsection II (jj)
of the "Master Settlement Agreement" as defined in § 23-71-2; nor
(ii) in full compliance with chapter 20.2 of this title and § 23-71-3;
(5)(6) Has imported, or caused to be imported, into
the United States any cigarette in violation of 19 U.S.C. § 1681a; or
(6)(7) Has imported, or caused to be imported into
the United States, or manufactured for sale or distribution in the United
States any cigarette that does not fully comply with the Federal Cigarette
Labeling and Advertising Act (15 U.S.C. § 1331, et. seq).
(b) No person shall apply for a new license or permit (as defined in § 44-19-1) or renewal of a license or permit, and no license or permit shall be issued or renewed for any person, unless all outstanding fines, fees or other charges relating to any license or permit held by that person have been paid.
(2) No license or permit shall be issued relating to a business at any specific location until all prior licenses or permits relating to that location have been officially terminated and all fines, fees or charges relating to the prior licenses have been paid or otherwise resolved or the administrator has found that the person applying for the new license or permit is not acting as an agent for the prior licensee or permit holder who is subject to any such related fines, fees or charges that are still due. Evidence of such agency status includes, but is not limited to, a direct familial relationship and/or an employment, contractual or other formal financial or business relationship with the prior licensee or permit holder.
(3) No person shall apply for a new license or permit pertaining to a specific location in order to evade payment of any fines, fees or other charges relating to a prior license or permit for that location.
(4) No new license or permit shall be issued for a business at a specific location for which a license or permit already has been issued unless there is a bona fide, good faith change in ownership of the business at that location.
(5) No license or permit shall be issued, renewed or maintained for any person, including the owners of the business being licensed or having applied and received a permit, that has been convicted of violating any criminal law relating to tobacco products, the payment of taxes or fraud or has been ordered to pay civil fines of more than twenty-five thousand dollars ($25,000) dollars for violations of any civil law relating to tobacco products, the payment of taxes or fraud.
44-20-12. Tax imposed
on cigarettes sold. -- A tax is imposed on all cigarettes sold or
held for sale in the state. The payment of the tax to be evidenced by stamps,
which may be affixed only by licensed distributors to the packages containing
such cigarettes. Any cigarettes on which the proper amount of tax provided for
in this chapter has been paid, payment being evidenced by the stamp, is not
subject to a further tax under this chapter. The tax is at the rate of one hundred seventy-three (173) one hundred seventy five (175) mills for each
cigarette.
44-20-13. Tax imposed
on unstamped cigarettes. -- A tax is imposed at the rate of one hundred seventy-three (173) one hundred seventy five (175) mills for each
cigarette upon the storage or use within this state of any cigarettes not
stamped in accordance with the provisions of this chapter in the possession of
any consumer within this state.
44-20-13.2. Tax imposed on smokeless tobacco, cigars, and pipe tobacco products. -- (a) A tax is imposed on all smokeless tobacco, cigars, and pipe tobacco products sold or held for sale in the state by any person, the payment of the tax to be accomplished according to a mechanism established by the administrator, division of taxation, department of administration. Any tobacco product on which the proper amount of tax provided for in this chapter has been paid, payment being evidenced by a stamp, is not subject to a further tax under this chapter. The tax imposed by this section shall be as follows:
(1) At the rate of eighty percent (80%) of the wholesale cost of cigars, pipe tobacco products and smokeless tobacco other than snuff.
(2) Notwithstanding the eighty percent (80%) rate in subsection (a) above, in the case of cigars, the tax shall not exceed fifty cents ($.50) for each cigar.
(3) At the rate of one dollar ($1.00) per ounce of snuff, and a proportionate tax at the like rate on all fractional parts of an ounce thereof. Such tax shall be computed based on the net weight as listed by the manufacturer, provided, however, that any product listed by the manufacturer as having a net weight of less than 1.2 ounces shall be taxed as if the product has a net weight of 1.2 ounces.
(b) Any dealer having in his or her possession any tobacco, cigars, and pipe tobacco products with respect to the storage or use of which a tax is imposed by this section shall, within five (5) days after coming into possession of the tobacco, cigars, and pipe tobacco in this state, file a return with the tax administrator in a form prescribed by the tax administrator. The return shall be accompanied by a payment of the amount of the tax shown on the form to be due. Records required under this section shall be preserved on the premises described in the relevant license in such a manner as to ensure permanency and accessibility for inspection at reasonable hours by authorized personnel of the administrator.
(c) The proceeds collected are paid into the general fund.
44-20-39. Forgery and counterfeiting – Tampering with meters – Reuse of stamps or containers. -- Any person who fraudulently makes or utters or forges or counterfeits any stamp, disc, license, or marker, prescribed by the tax administrator under the provisions of this chapter, or who causes or procures this to be done, or who willfully utters, publishes, passes or renders as true, any false, altered, forged, or counterfeited stamp, license, disc, or marker, or who knowingly possesses more than twenty (20) packs of cigarettes containing any false, altered, forged, or counterfeited stamp, license, disc, or marker, or who tampers with or causes to be tampered with any metering machine authorized to be used under the provisions of this chapter, or who removes or prepares any stamp with intent to use, or cause that stamp to be used, after it has already been used, or who buys, sells, offers for sale, or gives away any washed or removed or restored stamp to any person, or who has in his or her possession any washed or restored or removed or altered stamp which was removed from the article to which it was affixed, or who reuses or refills with cigarettes any package, box, or container required to be stamped under this chapter from which cigarettes have been removed, is deemed guilty of a felony, and, upon conviction, shall be fined ten thousand dollars ($10,000), or be imprisoned for not more than ten (10) years, or both.
44-20-45. Importation
of cigarettes with intent to evade tax. -- Any person, firm,
corporation, club, or association of persons, not
having a license as provided in this chapter, who orders any
cigarettes for another or pools orders for cigarettes from any persons or
connives with others for pooling orders, or receives in this state any shipment
of unstamped cigarettes on which the tax imposed by this chapter has not been
paid, for the purpose and intention of violating the provisions of this chapter
or to avoid payment of the tax imposed in this chapter, is guilty of a felony
and shall be fined ten thousand dollars ($10,000) or five (5) times the retail
value of the cigarettes involved, whichever is greater, or imprisoned not more
than five (5) years, or both.
SECTION 7. Chapter 44-20 of the General Laws entitled “Cigarette Tax” is hereby amended by adding thereto the following section:
44-20-12.4. Floor stock tax on cigarettes and stamps. -- (a) Whenever used in this section, unless the context requires otherwise:
(1) "Cigarette" means and includes any cigarette as defined in section 44-20-1(2);
(2) "Person" means and includes each individual, firm, fiduciary, partnership, corporation, trust, or association, however formed.
(b) Each person engaging in the business of selling cigarettes at retail in this state shall pay a tax or excise to the state for the privilege of engaging in that business during any part of the calendar year 2012. In calendar year 2012, the tax shall be measured by the number of cigarettes held by the person in this state at 12:01 a.m. on July 1, 2012 and is computed at the rate of two (2.0) mills for each cigarette on July 1, 2012.
(c) Each distributor licensed to do business in this state pursuant to this chapter shall pay a tax or excise to the state for the privilege of engaging in business during any part of the calendar year 2012. The tax is measured by the number of stamps, whether affixed or to be affixed to packages of cigarettes, as required by section 44-20-28. In calendar year 2012 the tax is measured by the number of stamps, as defined in section 44-20-1(10), whether affixed or to be affixed, held by the distributor at 12:01 a.m. on July 1, 2012, and is computed at the rate of two (2.0) mills per cigarette in the package to which the stamps are affixed or to be affixed.
(d) Each person subject to the payment of the tax imposed by this section shall, on or before July 10, 2012, file a return with the tax administrator on forms furnished by him or her, under oath or certified under the penalties of perjury, showing the amount of cigarettes or stamps in that person's possession in this state at 12:01 a.m. on July 1, 2012, and the amount of tax due, and shall at the time of filing the return pay the tax to the tax administrator. Failure to obtain forms shall not be an excuse for the failure to make a return containing the information required by the tax administrator.
(e) The tax administrator may promulgate rules and regulations, not inconsistent with law, with regard to the assessment and collection of the tax imposed by this section.
SECTION 8. Section 44-20.2-1 of the General Laws in Chapter 44-20.2 entitled "Little Cigar Tax" are hereby amended to read as follows:
44-20.2-1. Definitions. -- Whenever used in this chapter, unless the context requires otherwise:
(1) "Administrator" means the tax administrator;
(2) "Dealer" means any person whether located within or outside of this state, who sells or distributes little cigars to a consumer in this state;
(3) "Distributor" means any person:
(i) Whether located within or outside of this state, other than a dealer, who sells or distributes little cigars within or into this state. Such term shall not include any little cigar manufacturer, export warehouse proprietor, or importer with a valid permit under 26 U.S.C. § 5712, if such person sells or distributes little cigars in this state only to licensed distributors, or to an export warehouse proprietor or another manufacturer with a valid permit under 26 U.S.C. § 5712;
(ii) Selling little cigars directly to consumers in this state by means of at least twenty-five (25) little cigar vending machines.
(4) "Importer" means any person who imports into the United States, either directly or indirectly, a finished little cigar for sale or distribution;
(5) "Licensed" when used with reference to a manufacturer, importer, distributor or dealer, means only those persons who hold a valid and current license issued under § 44-20-2 for the type of business being engaged in. When the term "licensed" is used before a list of entities, such as "licensed manufacturer, importer, wholesale dealer, or retailer dealer," such term shall be deemed to apply to each entity in such list;
(6) "Little cigars" means and includes any roll, made
wholly or in part of tobacco, irrespective of size or shape and irrespective of
whether the tobacco is flavored, adulterated or mixed with any other
ingredient, where such roll has a wrapper or cover made of tobacco wrapped in
leaf tobacco or any substance containing tobacco paper or any other material and where such roll has an integrated filter,
except where such wrapper is wholly or in greater part made of tobacco and where such roll has an integrated filter and such roll weighs over three
(3) four (4) pounds per
thousand (1,000);
(7) "Manufacturer" means any person who manufactures, fabricates, assembles, processes, or labels a finished little cigar;
(8) "Person" means any individual, firm, fiduciary, partnership, corporation, trust, or association, however formed;
(9) "Place of business" means and includes any place where little cigars are sold or where little cigars are stored or kept for the purpose of sale or consumption, including any vessel, vehicle, airplane, train, or vending machine;
(10) "Sale" or "Sell" includes and applies to gifts, exchanges, and barter;
(11) "Snuff" means any finely cut, ground, or powdered tobacco that is not intended to be smoked;
(12) "Stamp" means the impression, device, stamp, label, or print manufactured, printed, or made as prescribed by the administrator to be affixed to packages of little cigars, as evidence of the payment of the tax provided by this chapter or to indicate that the little cigars are intended for a sale or distribution in this state that is exempt from state tax under the provisions of state law and also includes impressions made by metering machines authorized to be used under the provisions of this chapter.
SECTION 9. Section 44-44-2 of the General Laws in Chapter 44-44 entitled "Taxation of Beverage Containers, Hard-to-Dispose Material and Litter Control Participation" is hereby amended to read as follows:
44-44-2. Definitions. -- As used in this chapter:
(1) "Beverage" means
carbonated soft drinks, soda water, mineral water, bottled water, and
all non alcoholic drinks for human consumption,
except milk but including beer and other malt beverages.
(2) "Beverage container" means any sealable bottle, can, jar, or carton which contains a beverage.
(3) "Beverage retailer" means any person who engages in the sale of a beverage container to a consumer within the state of Rhode Island, including any operator of a vending machine.
(4) "Beverage wholesaler" means any person who engages in the sale of beverage containers to beverage retailers in this state, including any brewer, manufacturer, or bottler who engages in those sales.
(5) "Case" means:
(i) Forty-eight (48) beverage containers sold or offered for sale within this state when each beverage container has a liquid capacity of seven (7) fluid ounces or less;
(ii) Twenty-four (24) beverage containers sold or offered for sale within this state when each beverage container has a liquid capacity in excess of seven (7) fluid ounces but less than or equal to sixteen and nine tenths (16.9) fluid ounces;
(iii) Twelve (12) beverage containers sold or offered for sale within this state when each beverage container has a liquid capacity in excess of sixteen and nine tenths (16.9) fluid ounces but less than thirty-three and nine tenths (33.9) fluid ounces; and
(iv) Six (6) beverage containers sold or offered for sale within this state when each beverage container has a liquid capacity of thirty-three and nine tenths (33.9) fluid ounces or more.
(6) A permit issued in accordance with § 44-44-3.1(1) is called a Class A permit.
(7) A permit issued in accordance with § 44-44-3.1(2) is called a Class B permit.
(8) A permit issued in accordance with § 44-44-3.1(3) is called a Class C permit.
(9) A permit issued in accordance with § 44-44-3.1(4) is called a Class D permit.
(10) A permit issued in accordance with § 44-44-3.1(5) is called a Class E permit.
(11) "Consumer" means any person who purchases a beverage in a beverage container for use or consumption with no intent to resell that filled beverage container.
(12) "Gross receipts" means those receipts reported for each location to the tax administrator included in the measure of tax imposed under chapter 18 of this title, as amended. For those persons having multiple locations' receipts reported to the tax administrator the "gross receipts" to be aggregated shall be determined by each individual sales tax permit number. The term gross receipts shall be computed without deduction for retail sales of items in activities other than those which this state is prohibited from taxing under the constitution of the United States.
(13) "Hard-to-dispose material" is as defined in § 37-15.1-3.
(14) "Hard-to-dispose material retailer" means any person who engages in the retail sale of hard-to-dispose material (as defined in § 37-15.1-3) in this state.
(15) "Hard-to-dispose material wholesaler" means any person, wherever located, who engages in the sale of hard-to-dispose material (as defined in § 37-15.1-3) to customers for sale in this state (including manufacturers, refiners, and distributors and retailers), and to other persons as defined above.
(16) "New vehicle" means any mode of transportation for which a certificate of title is required pursuant to title 31 and for which a certificate of title has not been previously issued in this state or any other state or country.
(17) "Organic solvent" is as defined in § 37-15.1-3.
(18) "Person" means any natural person, corporation, partnership, joint venture, association, proprietorship, firm, or other business entity.
(19) "Prior calendar year" means the period beginning with January 1 and ending with December 31 immediately preceding the permit application due date.
(20) "Qualifying activities" means selling or offering for retail sale food or beverages for immediate consumption and/or packaged for sale on a take out or to go basis regardless of whether or not the items are subsequently actually eaten on or off the vendor's premises.
(21) "Vending machine" means a self-contained automatic device that dispenses for sale foods, beverages, or confection products.
SECTION 10. Sections 44-31.2-2, 44-31.2-5, and 44-31.2-6 of the General Laws in Chapter 44-31.2 entitled “Motion Picture Production Tax Credit” are hereby amended to read as follows:
44-31.2-2. Definitions. -- For the purposes of this chapter:
(1) "Accountant's certification" as provided in this chapter means a certified audit by a Rhode Island certified public accountant licensed in accordance with section 5-3.1.
(2) "Base investment" means the actual investment made and expended by a state-certified production in the state as production-related costs.
(3) “Documentary Production” means a non-fiction production intended for educational or commercial distribution that may require out of state principal photography.
(3)(4) "Domiciled in Rhode Island" means a
corporation incorporated in Rhode Island or a partnership, limited liability
company, or other business entity formed under the laws of the state of Rhode
Island for the purpose of producing motion pictures as defined in this section,
or an individual who is a domiciled resident of the state of Rhode Island as
defined in chapter 30 of this title.
(5) “Final Production Budget” means and includes the total pre-production, production and post-production out-of-pocket costs incurred and paid in connection with the making of the motion picture. The final production budget excludes costs associated with the promotion or marketing of the motion picture
(4)(6) "Motion picture" means a
feature-length film, documentary production,
video, video games, television series, or commercial made in Rhode Island, in
whole or in part, for theatrical or television viewing or as a television pilot
or for educational distribution. The
term "motion picture" shall not include the production of television
coverage of news or athletic events, nor shall it apply to any film, video,
television series or commercial or a production for which records are required
under section 2257 of title 18, U.S.C., to be maintained with respect to any
performer in such production or reporting of books, films, etc. with respect to
sexually explicit conduct.
(5)(7) "Motion picture production company"
means a corporation, partnership, limited liability company or other business
entity engaged in the business of producing one or more motion pictures as
defined in this section. Motion picture production company shall not mean or include:
(a) any company owned, affiliated, or controlled, in whole or in part by any
company or person which is in default: (i) on taxes owed to the state; or (ii)
on a loan made by the state in the application year;
or (iii) on a loan guaranteed by the
state in the application year; nor (iv) any company or person who has even declared
bankruptcy under which an obligation of the company or person to pay or repay
public funds or monies was discharged as a part of such bankruptcy. or (b) any company or person who has discharged an
obligation to pay or repay public funds or monies by: (i) filing a petition
under any Federal or state bankruptcy or insolvency law; (ii) having a petition
filed under any Federal or state bankruptcy or insolvency law against such
company or person; (iii) consenting to, or acquiescing or joining in, a
petition named in (i) or (ii); (iv) consenting to, or acquiescing or joining
in, the appointment of a custodian, receiver, trustee, or examiner for such
company's or person's property; or (v) making an assignment for the benefit of
creditors or admitting in writing or in any legal proceeding its insolvency or
inability to pay debts as they become due.
(6)(8) "Primary locations" means the
locations within which (1) at least
fifty-one percent (51%) of the motion picture principal photography days are
filmed. ; or
(2) at least fifty-one percent (51%) of the motion picture’s final production
budget is spent and employs at least five (5) individuals during the production
in this state; or (3) for documentary productions, the location of at least
fifty-one percent (51%) of the total productions days, which shall include
pre-production and post-production locations.
(7)(9) "Rhode Island film and television
office" means an office within the Rhode Island
state council on the arts department of
administration that has been established in order to promote and
encourage the locating of film and television productions within the state of
Rhode Island. The office is also referred to within as the "film
office".
(8)(10) "State-certified production" means
a motion picture production approved by the Rhode Island film office and
produced by a motion picture production company domiciled in Rhode Island,
whether or not such company owns or controls the copyright and distribution
rights in the motion picture; provided, that such company has either: (a)
signed a viable distribution plan; or (b) is producing the motion picture for:
(i) a major motion picture distributor; (ii) a major theatrical exhibitor;
(iii) television network; or (iv) cable television programmer.
(9)(11) "State certified production cost"
means any pre-production, production and post-production cost that a motion
picture production company incurs and pays to the extent it occurs within the
state of Rhode Island. Without limiting the generality of the foregoing,
"state certified production costs" include: set construction and
operation; wardrobes, make-up, accessories, and related services; costs
associated with photography and sound synchronization, lighting, and related
services and materials; editing and related services, including, but not
limited to, film processing, transfers of film to tape or digital format, sound
mixing, computer graphics services, special effects services, and animation
services, salary, wages, and other compensation, including related benefits, of
persons employed, either director or indirectly, in the production of a film
including writer, motion picture director, producer (provided the work is
performed in the state of Rhode Island); rental of facilities and equipment
used in Rhode Island; leasing of vehicles; costs of food and lodging; music, if
performed, composed, or recorded by a Rhode Island musician, or released or
published by a person domiciled in Rhode Island; travel expenses incurred to
bring persons employed, either directly or indirectly, in the production of the
motion picture, to Rhode Island (but not expenses of such persons departing
from Rhode Island); and legal (but not the expense of a completion bond or insurance
and accounting fees and expenses related to the production's activities in
Rhode Island); provided such services are provided by Rhode Island licensed
attorneys or accountants.
(12) "Application year" means within the calendar year the motion picture production company files an application for the tax credit.
44-31.2-5. Motion
picture production company tax credit. -- (a) A motion picture
production company shall be allowed a credit to be computed as provided in this
chapter against a tax imposed by chapters 11, 14, 17 and 30 of this title. The
amount of the credit shall be twenty-five percent (25%) of the state certified
production costs incurred directly attributable to activity within the state,
provided that the primary locations are within the state of Rhode Island and
the total production budget as defined herein is a minimum of three one
hundred thousand dollars ($300,000) ($100,000). The credit shall be earned in the
taxable year in which production in Rhode Island is completed, as determined by
the film office in final certification pursuant to subsection 44-31.2-6(c).
(b) For the purposes of this section: "total production budget" means and includes the motion picture production company's pre-production, production and post-production costs incurred for the production activities of the motion picture production company in Rhode Island in connection with the production of a state-certified production. The budget shall not include costs associated with the promotion or marketing of the film, video or television product.
(c) Notwithstanding subsection (a),
the The credit shall not
exceed the total production budget five million dollars ($5,000,000) and shall be
allowed against the tax for the taxable period in which the credit is earned
and can be carried forward for not more than three (3) succeeding tax years. Pursuant to rules promulgated by the tax administrator, the
administrator may issue a waiver of the five million dollar ($5,000,000) tax
credit cap for any feature-length film or television series up to the remaining
funds available pursuant to section (e).
(d) Credits allowed to a motion picture production company, which is a subchapter S corporation, partnership, or a limited liability company that is taxed as a partnership, shall be passed through respectively to persons designated as partners, members or owners on a pro rata basis or pursuant to an executed agreement among such persons designated as subchapter S corporation shareholders, partners, or members documenting an alternate distribution method without regard to their sharing of other tax or economic attributes of such entity.
(e) No more than fifteen million dollars ($15,000,000) in total may be issued for any tax year beginning after December 31, 2007 for motion picture tax credits pursuant to this chapter and/or musical and theatrical production tax credits pursuant to chapter 31.3 of this title. Said credits shall be equally available to motion picture productions and musical and theatrical productions. No specific amount shall be set aside for either type of production.
44-31.2-6. Certification and administration. -- (a) Initial certification of a production. The applicant shall properly prepare, sign and submit to the film office an application for initial certification of the Rhode Island production. The application shall include such information and data as the film office deems necessary for the proper evaluation and administration of said application, including, but not limited to, any information about the motion picture production company, and a specific Rhode Island motion picture. The film office shall review the completed application and determine whether it meets the requisite criteria and qualifications for the initial certification for the production. If the initial certification is granted, the film office shall issue a notice of initial certification of the motion picture production to the motion picture production company and to the tax administrator. The notice shall state that, after appropriate review, the initial application meets the appropriate criteria for conditional eligibility. The notice of initial certification will provide a unique identification number for the production and is only a statement of conditional eligibility for the production and, as such, does not grant or convey any Rhode Island tax benefits.
(b) Final certification of a production. Upon completion of
the Rhode Island production activities, the applicant shall request a
certificate of good standing from the Rhode Island division of taxation. The division shall expedite the process for reviewing the
issuance of such certificates. Such certificates shall verify to
the film office the motion picture production company's compliance with the
requirements of subsection 44-31.2-2(5). The applicant shall properly prepare,
sign and submit to the film office an application for final certification of
the production and which must include the certificate of good standing from the
division of taxation. In addition, the application shall contain such
information and data as the film office determines is necessary for the proper
evaluation and administration, including, but not limited to, any information
about the motion picture production company, its investors and information
about the production previously granted initial certification. The final
application shall also contain a cost report and an "accountant's
certification". The film office and tax administrator may rely without
independent investigation, upon the accountant's certification, in the form of
an opinion, confirming the accuracy of the information included in the cost
report. Upon review of a duly completed and filed application, the film office
will make a determination pertaining to the final certification of the
production and the resultant credits for § 44-31.2-5.
Within ninety (90) days after the division of
taxation's receipt of the motion picture production company final certification
and cost report, the division of taxation shall issue a certification of the
amount of credit for which the motion picture production company qualifies
under section 44-31.2-5. To claim the tax credit, the division of taxation's
certification as to the amount of the tax credit shall be attached to all state
tax returns on which the credit is claimed.
(c) Final certification and credits. Upon determination
that the motion picture production company qualifies for final certification and the resultant credits, the film office shall
issue a letter to the production company indicating "certificate of completion
of a state certified production" and shall
provide specifically designed certificates for the motion picture production
company credit under § 44-31.2-5. A
motion picture production company is prohibited from using state funds, state
loans or state guaranteed loans to qualify for the motion picture tax credit.
All documents that are issued by the film office pursuant to this section shall
reference the identification number that was issued to the production as part
of its initial certification.
(d) The director of the Rhode Island film and television office department of administration, in consultation as
needed with the tax administrator, shall promulgate such rules and regulations
as are necessary to carry out the intent and purposes of this chapter in
accordance with the general guidelines provided herein for the certification of
the production and the resultant production credit.
(e) The tax administrator of the division of taxation, in consultation with the director of the Rhode Island film and television office, shall promulgate such rules and regulations as are necessary to carry out the intent and purposes of this chapter in accordance with the general guidelines for the tax credit provided herein.
(f) Any motion picture production company applying for the credit shall be required to reimburse the division of taxation for any audits required in relation to granting the credit.
SECTION 11. Chapter 44-31.2 of the General Laws entitled “Motion Picture Production Tax Credit” is hereby amended by adding thereto the following section:
44-31.2-11. Sunset. -- No credits shall be issued on or after July 1, 2019 unless the production has received initial certification under subsection 44-31.2-6(a) prior to July 1, 2019.
SECTION 12. Title 44 of the General Laws entitled "TAXATION" is hereby amended by adding thereto the following chapter:
CHAPTER 31.3
MUSICAL AND THEATRICAL PRODUCTION TAX CREDITS
44-31.3-1. Declaration of purpose. -- (a) The general assembly finds and declares that it is Rhode Island’s priority to reduce the state's unemployment rate by stimulating new industries that have large employment growth potential by providing tax incentives and other means necessary and therefore recognizes that such incentives should be created for the arts and entertainment industry. The purpose of this chapter is to create economic incentives for the purpose of stimulating the local economy and reducing unemployment in Rhode Island.
44-31.3-2. Musical and Theatrical Production Tax Credits. –
(a) Definitions - As used in this chapter:
(1) “Accredited theater production” means a for-profit live stage presentation in a qualified production facility, as defined in this chapter that is either: (i) A Pre-Broadway production, or (ii) A Post-Broadway production.
(2) “Accredited theater production certificate” means a certificate issued by the film office certifying that the production is an accredited theater production that meets the guidelines of this chapter.
(3) “Advertising and public relations expenditure” means costs incurred within the state by the accredited theater productions for goods or services related to the national marketing, public relations, creation and placement of print, electronic, television, billboards and other forms of advertising to promote the accredited theater production.
(4) "Payroll" means all salaries, wages, fees, and other compensation including related benefits for services performed and costs incurred within Rhode Island.
(5) “Pre-Broadway Production” means a live stage production that, in its original or adaptive version, is performed in a qualified production facility having a presentation scheduled for Broadway’s theater district in New York City within (12) months after its Rhode Island presentation.
(6) “Post-Broadway production” means a live stage production that, in its original or adaptive version, is performed in a qualified production facility and opens its US tour in Rhode Island after a presentation scheduled for Broadway’s theater district in New York City.
(7) “Production and Performance Expenditures” means a contemporaneous exchange of cash or cash equivalent for goods or services related to development, production, performance or operating expenditures incurred in this state for a qualified theater production including, but not limited to, expenditures for design, construction and operation, including sets, special and visual effects, costumes, wardrobes, make-up, accessories, costs associated with sound, lighting, staging, payroll, transportation expenditures, advertising and public relations expenditures, facility expenses, rentals, per diems, accommodations and other related costs.
(8) “Qualified Production Facility” means a facility located in the State of Rhode Island in which live theatrical productions are, or are intended to be, exclusively presented that contains at least one stage, a seating capacity of one thousand five hundred (1,500) or more seats, and dressing rooms, storage areas, and other ancillary amenities necessary for the accredited theater production.
(9) “Resident” or “Rhode Island resident” means for the purpose of determination of eligibility for the tax incentives provided by this chapter, an individual who is domiciled in the State of Rhode Island or who is not domiciled in this state but maintains a permanent place of abode in this state and is in this state for an aggregate of more than one hundred eighty-three (183) days of the taxable year, unless the individual is in the armed forces of the United States.
(10) “Rhode Island film and television office” means the office within the department of administration that has been established in order to promote and encourage the locating of film and television productions within the state of Rhode Island. The office is also referred to as the “film office”.
(11) (i) “Transportation expenditures” means expenditures for the packaging, crating, and transportation both to the state for use in a qualified theater production of sets, costumes, or other tangible property constructed or manufactured out of state, and/or from the state after use in a qualified theater production of sets, costumes, or other tangible property constructed or manufactured in this state and the transportation of the cast and crew to and from the state. Such term shall include the packaging, crating, and transporting of property and equipment used for special and visual effects, sound, lighting, and staging, costumes, wardrobes, make-up and related accessories and materials, as well as any other performance or production-related property and equipment.
(ii) Transportation expenditures shall not include any costs to transport property and equipment to be used only for filming and not in a qualified theater production, any indirect costs, and expenditures that are later reimbursed by a third party, or any amounts that are paid to persons or entities as a result of their participation in profits from the exploitation of the production.
(b) Tax Credit. (1) Any person, firm, partnership, trust, estate or other entity that receives an accredited theater production certificate shall be allowed a tax credit equal to twenty-five percent (25%) of the total production and performance expenditures and transportation expenditures for the accredited theater production and to be computed as provided in this chapter against a tax imposed by chapters 11, 12, 13, 14, 17 and 30 of this title. Said credit shall not exceed five million dollars ($5,000,000) and shall be limited to certified production cost directly attributable to activities in the state and transportation expenditures defined above. The total production budget shall be a minimum of one hundred thousand dollars ($100,000).
(2) No more than fifteen million dollars ($15,000,000) in total may be issued for any tax year for motion picture tax credits pursuant to chapter 31.2 of this title and/or musical and theatrical production tax credits pursuant to this chapter. Said credits shall be equally available to motion picture productions and musical and theatrical productions. No specific amount shall be set aside for either type of production.
(3) The tax credit shall be allowed against the tax for the taxable period in which the credit is earned and can be carried forward for not more than three (3) succeeding tax years.
(4) Credits allowed to a company, which is a subchapter S corporation, partnership, or a limited liability company that is taxed as a partnership, shall be passed through respectively to persons designated as partners, members or owners on a pro rata basis or pursuant to an executed agreement among such persons designated as subchapter S corporation shareholders, partners, or members documenting an alternate distribution method without regard to their sharing of other tax or economic attributes of such entity.
(5) If the company has not claimed the tax credits in whole or part, taxpayers eligible for the tax credits may assign, transfer or convey the tax credits, in whole or in part, by sale or otherwise to any individual or entity and such assignee of the tax credits that have not claimed the tax credits in whole or part may assign, transfer or convey the tax credits, in whole or in part, by sale or otherwise to any individual or entity. The assignee of the tax credits may use acquired credits to offset up to one hundred percent (100%) of the tax liabilities otherwise imposed pursuant to chapter 11, 12, 13 (other than the tax imposed under section 44-13-13), 14, 17 or 30 of this title. The assignee may apply the tax credit against taxes imposed on the assignee for not more than three (3) succeeding tax years. The assignor shall perfect the transfer by notifying the state of Rhode Island division of taxation, in writing, within thirty (30) calendar days following the effective date of the transfer and shall provide any information as may be required by the division of taxation to administer and carry out the provisions of this section.
(6) For purposes of this chapter, any assignment or sales proceeds received by the assignor for its assignment or sale of the tax credits allowed pursuant to this section shall be exempt from this title.
(7) In the case of a corporation, this credit is only allowed against the tax of a corporation included in a consolidated return that qualifies for the credit and not against the tax of other corporations that may join in the filing of a consolidated tax return.
(c) Certification and administration. - (1) The applicant shall properly prepare, sign and submit to the film office an application for initial certification of the theater production. The application shall include such information and data as the film office deems reasonably necessary for the proper evaluation and administration of said application, including, but not limited to, any information about the theater production company and a specific Rhode Island live theater or musical production. The film office shall review the completed application and determine whether it meets the requisite criteria and qualifications for the initial certification for the production. If the initial certification is granted, the film office shall issue a notice of initial certification of the accredited theater production to the theater production company and to the tax administrator. The notice shall state that, after appropriate review, the initial application meets the appropriate criteria for conditional eligibility. The notice of initial certification will provide a unique identification number for the production and is only a statement of conditional eligibility for the production and, as such, does not grant or convey any Rhode Island tax benefits. (2) Upon completion of an accredited theater production, the applicant shall properly prepare, sign and submit to the film office an application for final certification of the accredited theater production. The final application shall also contain a cost report and an “accountant’s certification.” The film office and tax administrator may rely without independent investigation, upon the accountant’s certification, in the form of an opinion, confirming the accuracy of the information included in the cost report. Upon review of a duly completed and filed application and upon no later than thirty (30) days of submission thereof, the division of taxation will make a determination pertaining to the final certification of the accredited theater production and the resultant tax credits.
(3) Upon determination that the company qualifies for final certification and the resultant tax credits, the tax administrator of the division of taxation shall issue to the company: (i) An Accredited Theater Production Certificate; and (ii) A tax credit certificate in an amount in accordance with this section (b) hereof. A musical and theatrical production company is prohibited from using state funds, state loans or state guaranteed loans to qualify for the motion picture tax credit. All documents that are issued by the film office pursuant to this section shall reference the identification number that was issued to the production as part of its initial certification.
(4) The director of the department of administration, in consultation as needed with the tax administrator, shall promulgate such rules and regulations as are necessary to carry out the intent and purposes of this chapter in accordance with the general guidelines provided herein for the certification of the production and the resultant production credit.
(5) If information comes to the attention of the film office that is materially inconsistent with representations made in an application, the film office may deny the requested certification. In the event that tax credits or a portion of tax credits are subject to recapture for ineligible costs and such tax credits have been transferred, assigned and/or allocated, the state will pursue its recapture remedies and rights against the applicant of the theater production tax credits. No redress shall be sought against assignees, sellers, transferees or allocates of such credits.
(d) Information requests. (i) The director of the film office and his or her agents, for the purpose of ascertaining the correctness of any credit claimed under the provisions of this chapter, may examine any books, paper, records, or memoranda bearing upon the matters required to be included in the return, report, or other statement, and may require the attendance of the person executing the return, report, or other statement, or of any officer or employee of any taxpayer, or the attendance of any other person, and may examine the person under oath respecting any matter which the director or his or her agent deems pertinent or material in administration and application of this chapter and where not inconsistent with other legal provisions, the director may request information from the tax administrator.
(ii) The tax administrator and his or her agents, for the purpose of ascertaining the correctness of any credit claimed under the provisions of this chapter, may examine any books, paper, records, or memoranda bearing upon the matters required to be included in the return, report, or other statement, and may require the attendance of the person executing the return, report, or other statement, or of any officer or employee of any taxpayer, or the attendance of any other person, and may examine the person under oath respecting any matter which the tax administrator or his or her agent deems pertinent or material in determining the eligibility for credits claimed and may request information from the film office, and the film office shall provide the information in all cases to the tax administrator.
(e) The film office shall comply with the impact analysis and periodic reporting provisions of 44-31.2-6.1.
44-31.3-3. Hearings and appeals. -- (a) From an action of the film office. - For matters pertaining exclusively to application, production, and certification of musical and theatrical productions, any person aggrieved by a denial action of the film office under this chapter shall notify the director of the film office in writing, within thirty (30) days from the date of mailing of the notice of denial action by the film office and request a hearing relative to the denial or action. The director of the film office shall, as soon as is practicable, fix a time and place of hearing, and shall render a final decision. Appeals from a final decision of the director of the film office under this chapter are to the sixth (6th) division district court pursuant to chapter 35 of title 42 of the general laws.
(b) From denial of tax credit. - Any person aggrieved by the tax administrator's denial of a tax credit or tax benefit in this section shall notify the tax administrator in writing within thirty (30) days from the date of mailing of the notice of denial of the tax credit and request a hearing relative to the denial of the tax credit. The tax administrator shall, as soon as is practicable, fix a time and place for a hearing, and shall render a final decision. Appeals from a final decision of the tax administrator under this chapter are to the sixth (6th) division district court pursuant to chapter 8 of title 8 of the general laws. The taxpayer's right to appeal is expressly made conditional upon prepayment of all taxes, interest, and penalties, unless the taxpayer files a timely motion for exemption from prepayment with the district court in accordance with the requirements imposed pursuant to section 8-8-26 of the general laws.
44-31.3-4. Sunset. -- No credits shall be issued on or after July 1, 2019 unless the production has received initial certification under subsection 44-31.3-2(c) prior to July 1, 2019.
SECTION 13. Section 42-75-12 of the General Laws in Chapter 42-75 entitled "Council on the Arts" is hereby amended to read as follows:
42-75-12. Rhode Island film and television office. -- Within the commission department
of administration there is established a separate, distinct office
entitled the "Rhode Island film and television office." This office
is established in order to promote and encourage film and television
productions within the state of Rhode Island. This office is also responsible
for the review of applications of motion picture productions pursuant to the
requirements of chapter 31.2 of title 44.
SECTION 14. Section 31-22-11 of the General Laws in Chapter 31-22 entitled "Miscellaneous Rules" is hereby amended to read as follows:
31-22-11. Inspection of school buses. -- (a) The division of motor vehicles shall inspect or cause to be inspected all school buses used for the transportation of school children as defined in section 31-1-3(v) at least twice throughout the year. Both of the inspections are to be done at a state certified facility on a semiannual scheduled basis. These inspections will be known as tear down inspections that will include pulling wheels at least once each year if the school bus is equipped with drum brakes and any other work deemed necessary by the state employed or state certified inspectors. Reports of the inspections shall be made in writing and shall be filed with the inspection division of the department of revenue, and the reports shall be available at no cost for public inspection during usual business hours of the division. In the event that a school bus does not pass an inspection and a re-inspection is required, the division of motor vehicles shall impose a fee of one hundred dollars ($100) for each re-inspection.
(b) Upon receipt of the report, the inspection division shall immediately forward a copy to the registered owner and to the superintendent and school committee of the school district for which the school bus transports children.
SECTION 15. Section 3-10-5 of the General Laws in Chapter 3-10 entitled "Taxation of Beverages" is hereby amended to read as follows:
3-10-5. Information supplemental to returns -- Audit of books. – (a) The tax administrator may at any time request further information from any person or from the officers and employees of any corporation which he or she may deem necessary to verify, explain or correct any return made in pursuance of the provisions of this chapter, and for the like purpose the administrator or his or her authorized agent may examine the books of account of that person or corporation during business hours.
(b) Each licensee authorized to sell intoxicating beverages at wholesale or retail in this state shall file an annual report on or before February 1 with the division of taxation in the form required by the tax administrator. Such report shall included, but not limited to, total sales of alcoholic beverages, sales tax and excise tax collections on such sales for immediately preceding calendar year. Annually, on or before May 1, the tax administrator shall prepare and submit to the chairs of house and senate finance committees a report reflecting data from the annuals reports submitted by said licensee to the division of taxation. The tax administrators report shall compile total sales of alcoholic beverages, sales tax and excise tax collections by county.
SECTION 16. Section 4 of this article shall take effect on October 1, 2012.
The remaining sections of this article shall take effect on July 1, 2012.
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ARTICLE 22 AS AMENDED
RELATING TO CENTRAL FALLS
SECTION 1. Central Falls Settlement Agreement.
(a) Definitions. As used in this public law, the following words and terms shall have the following meaning, unless the context shall indicate otherwise:
(1) “Administrative and Financial Officer” is an administration and finance officer appointed by the Director of Revenue under Rhode Island general laws section 45-9-10.
(2) “Appropriation Payment” means for purposes of this article the State appropriation set forth in subsection (c)(1) of this section to fund transition payments to Participating Retirees (“Transition Payments”).
(3) “Bankruptcy Court” means the United States Bankruptcy Court for the District of Rhode Island.
(4) “Central Falls Pension Plan” means the so-called “1% Plan” and the so- called “John Hancock Pension Plan” as restructured after the filing of the Chapter 9 petition for the City.
(5) “City” means the City of Central Falls, Rhode Island.
(6) “Contract Date” means December 19, 2012.
(7) “Director” shall mean the Rhode Island Director of Revenue.
(8) “MERS” means the Rhode Island Municipal Employee Retirement System.
(9) “Participating Retirees” means the retirees that signed the Settlement Agreement.
(10) “Participating Retirees’ Restricted 5-year Account” means the federally-insured interest-bearing account into which the City shall deposit the Appropriation Payment pursuant to Section 4 of the Settlement Agreement.
(11) “Plan of Debt Adjustment” means the amended plan of debt adjustment to be filed with the Court by the City.
(12) “State” means the State of Rhode Island.
(13) “Settlement Agreement” means the Settlement and Release Agreement by and between Receiver, the Director, the Participating Retirees, the Central Falls Police Retirees Association, Inc. and the Central Falls Firefighters Retirees Association entered into on the Contract Date.
(14) “Receiver” means Robert J. Flanders, Jr. in his capacity as state-appointed receiver for the City, and any successor receiver appointed by the Director under Rhode Island general laws section 45-9-7.
(15) “Transition Payments” means the annual payments made to Participation Retirees from the Appropriation Payment pursuant to the terms of the Settlement Agreement.
(b) Legislative Findings and Purpose.
(1) On August 2, 2011, the Receiver filed a Chapter 9 petition on behalf of the City with the Bankruptcy Court. Prior to January 9, 2012, the Settlement Agreement was executed by the Receiver, the Director, the Participating Retirees, the Central Falls Police Retirees Association, Inc. and the Central Falls Firefighters Retirees Association. On January 9, 2012, the Bankruptcy Court entered an Order approving the Settlement Agreement.
(2) For purposes of this Article, the key terms of the Settlement Agreement include, without limitation:
(i) That the Participating Retirees’ pension benefits have been reduced by up to fifty-five (55%) of their pre-bankruptcy pension payments; provided however if the General Assembly authorizes an appropriation in the amount of $2,636,932, then during Fiscal Years 2012-2016, participating Retirees shall also receive Transition Payments, so that their combined reduced pension payments and Transition Payments shall not aggregate to less than seventy-five percent (75%) of their pre-bankruptcy pension payments;
(ii) That the Participating Retirees, the Central Falls Police Retirees Association, Inc. and the Central Falls Firefighters Retirees Association have waived substantially all of their claims against the City and the State; and
(iii) That in the event that the General Assembly fails to appropriate a minimum of $2,000,000 for Transition Payments, the Participating Retirees may “opt out” of the Settlement Agreement and have it declared to be null and void.
(3) For the following and other reasons, this Article shall not be deemed a precedent that would require the General Assembly to make similar appropriations to any other Rhode Island distressed city or town:
(i) The City alone must pay 100% of the legal fees incurred in the litigation that established the constitutionality of the Fiscal Stability Act (Rhode Island general laws section 45-9-1 et seq.) and several important bankruptcy precedents, these precedents which have conferred a significant benefit on all Rhode Island cities and towns;
(ii) Participating Retirees have agreed to reductions in their annual pension benefits of up to 55%; and
(iii) The Settlement Agreement was approved by the Bankruptcy Court in order to make a Chapter 9 plan of debt adjustment feasible.
(4) The requested Appropriation Payment which will ease the Participating Retirees’ transition to a pension benefit that has been reduced by up to fifty-five percent (55%) is fair and appropriate.
(5) The Settlement Agreement is hereby incorporated into this Article by reference.
(c) Appropriation Payment.
(1) Appropriation Payment and Restrictions on Use. There is hereby provided to the City of Central Falls a one-time lump-sum Appropriation Payment in the amount of $2,636,932 to be used solely for the purposes and subject to the restrictions set forth in the Settlement Agreement to fund Transition Payment to Participating Retirees.
(2) Deposit of Appropriation Payment and Payments to Participating Retirees. The Appropriation Payment shall be immediately deposited by the City into a restricted federally backed or federally insured interest-bearing account under the name of the City and denominated the “Participating Retirees’ Restricted 5-Year Account.” Within thirty (30) days after receipt of the Appropriation Payment from the State, for fiscal year ending 2012, the City (jointly with either the Receiver or an Administrative and Finance Officer for the City appointed by the Director) shall withdraw from the Participating Retirees’ Restricted 5-Year Account exactly the amount required to promptly pay and distribute to Participating Retirees the Transition Payments. Thereafter, during the months of July in fiscal years ending 2013, 2014, 2015, and 2016, the City (jointly with either the Receiver or an Administrative and Finance Officer for the City appointed by the Director) shall withdraw from the Participating Retirees’ Restricted 5-Year Account exactly the amount required to promptly pay and distribute to Participating Retirees the Appropriation Transition Payments.
Any and all withdrawals, transfers and payments from the Participating Retirees’ Restricted 5-Year Account shall require the signature of two (2) persons, one of whom shall be either the Receiver or an Administrative and Finance Officer of the City after the Receiver’s duties are completed. Participating Retirees’ Restricted 5-Year Account shall remain under the control of the City jointly with either the Receiver or an Administrative and Finance Officer and that it shall be segregated from and shall not be controlled or managed by any third party managing the single Central Falls Pension Plan, whether administered by the City or if transitioned into MERS. Further, the Transition Payments shall be paid to Participating Retirees jointly by the City and the Receiver or an Administrative and Finance Officer and not by any third-party pension fund manager. Such Transition Payments shall cease after the distribution at the end of fiscal year ending 2016.
(3) Relationship to Base Pension Payments. The Transition Payments shall not be included in the calculation of the base pension benefits of Participating Retirees for purposes of determining a Participating Retiree’s COLA. However, a spouse or statutory beneficiary under Rhode Island general laws section 45-21.3-1 shall be entitled to sixty-seven and one-half percent (67.5%) of a deceased Participating Retiree’s Transition Payment.
(4) Distribution of Balance. Within thirty (30) days of the end of fiscal year ending 2016, the City shall withdraw the balance of the funds in the Participating Retirees’ Restricted 5-Year Account (i.e. the accumulated interest and any remaining sums) and shall pay and distribute those funds to each Participating Retiree based on the percentage assigned to each Participating Retiree in accordance with the requirements set forth in APPENDIX B of the Settlement Agreement. After all of the funds in the Participating Retirees’ Restricted 5-Year Account have been appropriately distributed, the City shall promptly close the Participating Retirees’ Restricted 5-Year Account.
(5) Access to Account Information and Records. The City, as overseen by the Receiver or an Administrative and Finance Officer, as the case may be, shall maintain appropriate account information and records relating to all receipts into, maintenance of, and distributions from the Participating Retirees’ Restricted 5-Year Account, and shall allow at all reasonable times for the full inspection of and copying and sharing of information about such account and any and all Transition Payments by and with any Participating Retiree.
(6) Unclaimed Payments. Any money distributed to a Participating Retiree from the Participating Retirees’ Restricted 5-Year Account and not claimed by a Participating Retiree after the City has exercised good faith attempts over a six (6) month period to deliver it to the best last known address of such Participating Retiree shall not escheat under state law, but shall be deposited in the “Participating Retirees Wyatt Payments Account” which shall thereafter be distributed in accordance with Section 5.3 of the Settlement Agreement.
(7) Liability and Penalties for Improper Use of Appropriation Payment. Any person, whether in his/her individual or official capacity, who uses, appropriates or takes or instructs or causes another to use, appropriate or take, the Appropriation Payment, or any portion thereof, that is not specifically used for making Transition Payments to Participating Retirees as required hereunder and under the terms, provisions and/or restrictions of the Settlement Agreement, shall be personally liable for repayment of said funds and further shall be subject to any and all other applicable civil and criminal sanctions and/or penalties for such act(s).
(8) Return of Appropriations. Notwithstanding anything set forth herein to the contrary, in the event that the Settlement Agreement becomes legally void and/or of no further legal force and effect, whether because the retirees have "opted out" of the Settlement Agreement, or because a party duly declares the Settlement Agreement to be null and void pursuant to the terms of the Settlement Agreement, or because a court determines the Settlement Agreement to be void, then all remaining amounts of the Appropriation Payment held by the City shall be returned to the State of Rhode Island.
SECTION 2. Section 28-9.1-6 of the General Laws in Chapter 28-9.1 entitled “Firefighters’ Arbitration” is hereby amended to read as follows:
28-9.1-6. Obligation to bargain. -- It shall be the obligation of the city or town, acting through its corporate authorities, to meet and confer in good faith with the representative or representatives of the bargaining agent within ten (10) days after receipt of written notice from the bargaining agent of the request for a meeting for collective bargaining purposes. This obligation shall include the duty to cause any agreement resulting from the negotiations to be reduced to a written contract, provided that no contract shall exceed the term of one year, unless a longer period is agreed upon in writing by the corporate authorities and the bargaining agents, but in no event shall the contract exceed the term of three (3) years unless a budget commission or a receiver has been appointed for a municipality pursuant to Chapter 45-9, in which case the contract shall not exceed the term of five (5) years. An unfair labor practice charge may be complained of by either the employer's representative or the bargaining agent to the state labor relations board which shall deal with the complaint in the manner provided in chapter 7 of this title.
SECTION 3. Section 28-9.2-6 of the General Laws in Chapter 28-9.2 entitled “Municipal Police Arbitration” is hereby amended to read as follows:
28-9.2-6. Obligation to bargain. -- It shall be the obligation of the city or town, acting through its corporate authorities, to meet and confer in good faith with the designated representative or representatives of the bargaining agent, including any legal counsel selected by the bargaining agent, within ten (10) days after receipt of written notice from the bargaining agent of the request for a meeting for collective bargaining purposes. This obligation includes the duty to cause any agreement resulting from the negotiations to be reduced to a written contract, provided that no contract shall exceed the term of one year, unless a longer period is agreed upon in writing by the corporate authorities and the bargaining agent, but in no event shall the contract exceed the term of three (3) years unless a budget commission or a receiver has been appointed for a municipality pursuant to chapter 45-9, in which case the contract shall not exceed the term of five (5) years. An unfair labor charge may be complained of by either the employer's representative or the bargaining agent to the state labor relations board which shall deal with the complaint in the manner provided in chapter 7 of this title.
SECTION 4. Section 28-9.3-4 of the General Laws in Chapter 28-9.3 entitled “Certified School Teachers’ Arbitration” is hereby amended to read as follows:
28-9.3-4. Obligation to bargain. -- It shall be the obligation of the school committee to meet and confer in good faith with the representative or representatives of the negotiating or bargaining agent within ten (10) days after receipt of written notice from the agent of the request for a meeting for negotiating or collective bargaining purposes. This obligation includes the duty to cause any agreement resulting from negotiations or bargaining to be reduced to a written contract; provided, that no contract shall exceed the term of three (3) years unless a budget commission or a receiver has been appointed for a municipality pursuant to chapter 45-9, in which case the contract shall not exceed the term of five (5) years. An unfair labor practice charge may be complained of by either the bargaining agent or the school committee to the state labor relations board which shall deal with the complaint in the manner provided in chapter 7 of this title.
SECTION 5. Section 28-9.4-5 of the General Laws in Chapter 28-9.4 entitled “Municipal Employees’ Arbitration” is hereby amended to read as follows:
28-9.4-5. Obligation to bargain. -- It shall be the obligation of the municipal employer to meet and confer in good faith with the representative or representatives of the negotiating or bargaining agent within ten (10) days after receipt of written notice from the agent of the request for a meeting for negotiating or collective bargaining purposes. This obligation includes the duty to cause any agreement resulting from negotiation or bargaining to be reduced to a written contract; provided, that no contract shall exceed the term of three (3) years unless a budget commission or a receiver has been appointed for a municipality pursuant to chapter 45-9, in which case the contract shall not exceed the term of five (5) years. Failure to negotiate or bargain in good faith may be complained of by either the negotiating or bargaining agent or the municipal employer to the state labor relations board, which shall deal with the complaint in the manner provided in chapter 7 of this title. An unfair labor practice charge may be complained of by either the bargaining agent or employer's representative to the state labor relations board, which shall deal with the complaint in the manner provided in chapter 7 of this title.
SECTION 6. Under Rhode Island general laws section 45-9-1 et seq. a municipality subject to the jurisdiction of a fiscal overseer, budget commission or receiver is responsible for payment of expenses and costs incurred carrying out the responsibilities of the fiscal overseer, budget commission and/or receiver. During fiscal 2011, the State incurred and paid on behalf of the City of Central Falls expenses totaling $ 1,073,131. On or about September 15, 2011, the State billed the City of Central Falls for said $1,073,131 expenses, for which the City of Central Falls is responsible under section 45-9-1 et seq., and which continue to be incurred and paid for by the State on behalf of the city. The State intends to bill the City of Central Falls for those expenses. Recognizing that the City of Central Falls does not currently have the financial ability to reimburse the State in full for said expenses and may need additional time to reimburse the State for expenses reflected in future bills submitted by the State for such expenses, the City of Central Falls shall have up to June 30, 2021 to reimburse the State for all such expenses paid by the State and billed to the city.
SECTION 7. Pathway to Retirement System Transition. – The
Office of the General Treasurer, in consultation with the Department of
Revenue, shall develop a framework for the City of Central Falls to transition
its employees and retirees into the Municipal Employees' Retirement System and to provide retirement security for retirees. The Office of the General Treasurer shall report its
findings and identified transition mechanisms to the General Assembly by
January 1, 2013.
SECTION 8. This article shall take effect upon passage.
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ARTICLE 23
RELATING TO EFFECTIVE DATE
SECTION 1. This act shall take effect on July 1, 2012, except as otherwise provided herein.
SECTION 2. This article shall take effect upon passage.