2013 -- S 0242

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LC01154

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO HIGHWAYS -- RHODE ISLAND TURNPIKE AND BRIDGE AUTHORITY

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

     Date Introduced: February 07, 2013

     Referred To: Senate Finance

It is enacted by the General Assembly as follows:

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

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

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read as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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additional facilities.

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

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

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

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

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

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distributing to the department of transportation an amount equal to the authority's cost of

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

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

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

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

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     (1) A twenty dollar ($20.00) charge added to section 31-47.1-11 relating to the motor

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vehicles emissions inspection program.

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     (2) Effective fiscal year 2014, and each year thereafter until the year 2020, an amount to

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be determined by the following chart shall be deposited into the bridge maintenance fund from

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

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     (i) FY 2014 ten million dollars ($10,000,000)

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     (ii) FY 2015 fifteen million dollars ($15,000,000)

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     (iii) FY 2016 twenty million dollars ($20,000,000)

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     (iv) FY 2017 twenty-five million dollars ($25,000,000)

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     (v) FY 2018 thirty million dollars ($30,000,000)

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     (vi) FY 2019 thirty-five million dollars ($35,000,000)

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     (vii) FY 2020 and each fiscal year thereafter forty million dollars ($40,000,000)

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

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shall remain in the bridge maintenance fund for the sole use by the department of transportation

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for department maintenance activities.

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     (d) The allowable toll revenue collected by the Rhode Island turnpike and bridge

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authority effective July 1, 2013, shall be limited to the amount collected pursuant to this section.

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

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

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

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

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

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

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     31-47.1-11. Fees. -- (a) A fee of thirty-nine dollars ($39.00) fifty-nine dollars ($59.00) is

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

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

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

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

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

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

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

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conducted the initial inspection.

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      Of the thirty-nine dollars ($39.00) fifty-nine dollars ($59.00) fee, nineteen dollars

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($19.00) shall be retained by the inspection station owner to cover the costs of performing the

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inspection. The remaining twenty dollars ($20.00) Twenty dollars ($20.00) shall be remitted to

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the program manager and twenty dollars ($20.00) to the bridge maintenance fund pursuant to

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chapter 24-12. The program manager shall retain no more than four dollars ($4.00) of the fee and

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remit no less than sixteen dollars ($16.00) for deposit in the state general fund. The general

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assembly shall annually appropriate such sums as may be required to cover the costs of

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administering the program by the division of motor vehicles and the department of environmental

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management.

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

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

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

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

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51.354(a).

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

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pursuant to section 24-12-59.

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

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is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

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      Department of Human Services

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      Veterans' home -- Restricted account

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      Veterans' home -- Resident benefits

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      Organ transplant fund

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      Veteran's Cemetery Memorial Fund

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      Department of Health

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      Pandemic medications and equipment account

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      Department of Mental Health, Retardation and Hospitals

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      Eleanor Slater non-Medicaid third-party payor account

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      Hospital Medicare Part D Receipts

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      RICLAS Group Home Operations

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      Vigneron Memorial Fund Grant

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      Department of Environmental Management

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      National heritage revolving fund

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      Environmental response fund II

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      Underground storage tanks registration fees

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      Rhode Island Council on the Arts

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      Art for public facilities fund

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      Rhode Island Foundation Grant

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      Rhode Island Historical Preservation and Heritage Commission

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      Historic preservation revolving loan fund

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      Historic Preservation loan fund -- Interest revenue

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      Department of Public Safety

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      Forfeited property -- Retained

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      Forfeitures -- Federal

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      Forfeited property -- Gambling

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      Donation -- Polygraph and Law Enforcement Training

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      Rhode Island State Firefighter's League Training Account

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      Fire Academy Training Fees Account

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      Attorney General

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      Forfeiture of property

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      Federal forfeitures

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      Attorney General multi-state account

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      Department of Administration

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      Office of Management and Budget

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      Information Technology Investment Fund

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      Restore and replacement -- Insurance coverage

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      Convention Center Authority rental payments

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      Investment Receipts -- TANS

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      Car Rental Tax/Surcharge-Warwick Share

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      OPEB System Restricted Receipt Account

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      ARRA Administrative Expenses - Bureau of Audits

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      ARRA Administrative Expenses - Purchasing

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      Legislature

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      Audit of federal assisted programs

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      Department of Elderly Affairs

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      Pharmaceutical Rebates Account

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      Department of Children Youth and Families

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      Children's Trust Accounts -- SSI

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      Military Staff

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      RI Military Family Relief Fund

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      RI National Guard Counterdrug Program

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      Treasury

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      Admin. Expenses -- State Retirement System

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      Retirement -- Treasury Investment Options

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      Business Regulation

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      Banking Division Reimbursement Account

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      Office of the Health Insurance Commissioner Reimbursement Account

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      Securities Division Reimbursement Account

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      Commercial Licensing and Racing and Athletics Division Reimbursement Account

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      Insurance Division Reimbursement Account

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      Historic Preservation Tax Credit Account.

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      Judiciary

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      Arbitration Fund Restricted Receipt Account

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      Department of Elementary and Secondary Education

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      Statewide Student Transportation Services Account

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      School for the Deaf Fee for Service Account

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      Davies Career and Technical School Local Education Aid Account

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      Early Childhood Grant Program Account

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      Office of the Governor

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      ARRA Administrative Expenses -- Office of Economic Recovery and ReInvestment

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      Department of Labor and Training

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      Job Development Fund -- Title XII loans principal and interest

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     Department of Transportation Bridge Maintenance Fund

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     SECTION 5. This act shall take effect upon passage.

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LC01154

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HIGHWAYS -- RHODE ISLAND TURNPIKE AND BRIDGE AUTHORITY

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

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

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     This act would take effect upon passage.

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LC01154

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