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art.002/6/002/5/002/4/002/3/002/2/002/1 | ||
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1 | ARTICLE 2 AS AMENDED | |
2 | RELATING TO STATE AID | |
3 | SECTION 1. Sections 45-13.2-4 and 45-13.2-6 of the General Laws in Chapter 45-13.2 | |
4 | entitled "Municipal Incentive Aid" is hereby amended to read as follows: | |
5 | 45-13.2-4. State Aid Incentive Program appropriated. – There are hereby appropriated | |
6 | funds for a state aid program entitled "Municipal Incentive Aid Program." For fiscal year 2014, | |
7 | fiscal year 2015 and fiscal year 2016, the amount of five million dollars ($5,000,000) shall be | |
8 | appropriated., and an amount of ten million dollars ($10,000.000) will be requested for | |
9 | appropriation for fiscal year 2015 and for fiscal year 2016. Municipal Incentive Aid shall be | |
10 | administered and managed by the division of municipal finance within the department of revenue. | |
11 | 45-13.2-6. Distributions. -- (a) Municipal Incentive Aid described in this chapter shall be | |
12 | distributed to eligible municipalities on the basis of the most recent population estimate for each | |
13 | municipality as a share of the total state population reported by the U.S. Department of | |
14 | Commerce, Bureau of the Census as of January 1 in the year of the payment. Such payments shall | |
15 | be made to eligible communities in March 2014, March 2015, and March 2016 of each year to the | |
16 | extent that funds are appropriated. | |
17 | (b) For fiscal year 2014, municipalities shall be eligible to receive aid under this chapter | |
18 | if: (1) the municipality has no locally-administered pension; or (2) the municipality notified plan | |
19 | participants, beneficiaries and others pursuant to chapter 45-65, and submitted to the state's | |
20 | department of revenue a Funding Improvement Plan ("FIP"), pursuant to section 45-65-6, for | |
21 | every locally-administered pension plan in that municipality, and each FIP had been approved by | |
22 | the plan sponsor and the local governing body no later than June 1, 2013; or (3) there existed a | |
23 | locally-administered pension plan(s) in that municipality, but either: (i) no FIP was required | |
24 | pursuant to chapter 45-65; or (ii) a FIP is required pursuant to chapter 45-65, but, the due date for | |
25 | the FIP submission is after the March payment of state aid. | |
26 | (c) For fiscal years year 2015 and 2016 and each fiscal year thereafter that municipal | |
27 | incentive aid is distributed to eligible municipalities under this chapter, municipalities shall be | |
28 | eligible to receive aid under this chapter, if: (1) the municipality has no locally-administered | |
29 | pension; or (2) the municipality has transitioned all locally-administered pension plans into | |
30 | MERS by June 30, 2014; or (3) the municipality had notified plan participants, beneficiaries and | |
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1 | others pursuant to chapter 45-65 and had submitted to the state's department of revenue a FIP, | |
2 | pursuant to chapter 45-65, for every locally-administered pension plan and each submitted FIP | |
3 | meets the guidelines of the Study Commission on Locally-Administered Pension Plans created | |
4 | pursuant to section 45-65-8 or otherwise applicable guidelines or regulations and each FIP has | |
5 | been approved by the plan sponsor and the local governing body; or (4) the municipality has | |
6 | implemented the original recommended FIP or an amended FIP pursuant to chapter 45-65 within | |
7 | one month after the close of the fiscal year and made the required funding payment (formerly | |
8 | referred to as Annually Required Contribution, or ARC) in compliance with the municipality's | |
9 | adopted FIP(s) and the funding guidelines established by the Pension Study Commission eighteen | |
10 | (18) months after an actuary has certified that a locally administered plan is in critical status for a | |
11 | plan year; and the FIPs are approved by the plan sponsor and the local governing body; or (5) | |
12 | there existed a locally-administered pension plan in that municipality, but either: (i) no FIP was | |
13 | required pursuant to chapter 45-65 and either: (A) the municipality is funding one hundred | |
14 | percent (100%) of its required funding payment; Annually Required Contribution (ARC) or (B) | |
15 | the municipality has a funded ratio of one hundred percent (100%) or greater; or (ii) FIP is | |
16 | required pursuant to chapter 45-65, however, the due date for the FIP submission or | |
17 | implementation is after the March payment of this municipal incentive aid. | |
18 | (d) In any fiscal year that a municipality does not receive an appropriation under this | |
19 | chapter, the amount that would have been allocated to the municipality will be distributed in the | |
20 | month of May among the other eligible municipalities for that fiscal year, on the basis of the most | |
21 | recent population estimate for each municipality as a share of the total state population reported | |
22 | by the U.S. Department of Commerce, Bureau of the Census. For fiscal year 2014, and in any | |
23 | year thereafter that a municipality is not eligible to receive a distribution under this chapter, the | |
24 | distribution that said municipality would have received had it been eligible shall be | |
25 | reappropriated to the immediately following fiscal year, at which time the amount reappropriated | |
26 | shall be distributed to said municipality provided that said municipality has satisfied the | |
27 | eligibility requirements of both the prior fiscal year and the then current fiscal year. In the event | |
28 | that said municipality fails to satisfy the eligibility requirements for the prior and the then current | |
29 | fiscal year by the time that eligibility to receive distributions in the next fiscal year is determined, | |
30 | then the amount that would have been distributed to the municipality for said prior year will be | |
31 | distributed in the month of May among the municipalities that received a distribution in the prior | |
32 | fiscal year, with the share to be received by each municipality calculated in the same manner as | |
33 | distributions were calculated in the prior fiscal year. | |
34 | SECTION 2. Section 45-13-5.1 of the General Laws in Chapter 45-13 entitled "State | |
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1 | Aid" is hereby amended to read as follows: | |
2 | 45-13-5.1. General assembly appropriations in lieu of property tax from certain | |
3 | exempt private and state properties. -- (a) In lieu of the amount of local real property tax on | |
4 | real property owned by any private nonprofit institution of higher education, or any nonprofit | |
5 | hospital facility, or any state owned and operated hospital, veterans' residential facility, or | |
6 | correctional facility occupied by more than one hundred (100) residents which may have been or | |
7 | will be exempted from taxation by applicable state law, exclusive of any facility operated by the | |
8 | federal government, the state of Rhode Island, or any of its subdivisions, the general assembly | |
9 | shall annually appropriate for payment to the several cities and towns in which the property lies a | |
10 | sum equal to twenty-seven percent (27%) of all tax that would have been collected had the | |
11 | property been taxable. | |
12 | (b) As used in this section, "private nonprofit institution of higher education" means any | |
13 | institution engaged primarily in education beyond the high school level, the property of which is | |
14 | exempt from property tax under any of the subdivisions, and "nonprofit hospital facility" means | |
15 | any nonprofit hospital licensed by the state and which is used for the purpose of general medical, | |
16 | surgical, or psychiatric care and treatment. | |
17 | (c) The grant payable to any municipality under the provision of this section shall be | |
18 | equal to twenty-seven percent (27%) of the property taxes which, except for any exemption to | |
19 | any institution of higher education or general hospital facility, would have been paid with respect | |
20 | to that exempt real property on the assessment list in the municipality for the assessment date of | |
21 | December 31, 1986 and with respect to such exempt real property appearing on an assessment list | |
22 | in the municipality on succeeding assessment dates. Provided however that the grant paid for the | |
23 | fiscal year ending June 30, 2008 shall be based upon the assessment list in the municipality as of | |
24 | December 31, 2004. | |
25 | (d) The state budget offices shall include the amount of the annual grant in the state | |
26 | budget for the fiscal year commencing July 1, 1988 and each fiscal year thereafter. The amount of | |
27 | the annual grant payable to each municipality in any year in accordance with this section shall be | |
28 | reduced proportionately in the event that the total of the annual grants in any year exceeds the | |
29 | amount appropriated that year for the purposes of this section. | |
30 | (e) Distribution of appropriations shall be made by the state on or before July 31 of 1988 | |
31 | and each July 31 thereafter, or following verified receipt of a municipality’s assessment data for | |
32 | the following fiscal year’s payment, whichever is later, and the payments may be counted as a | |
33 | receivable by any city or town for a fiscal year ending the preceding June 30. | |
34 | (f) Any act or omission by the state with respect to this chapter shall in no way diminish | |
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1 | the duty of any town or municipality to provide public safety or other ordinary services to the | |
2 | properties or facilities of the type listed in subsection (a). | |
3 | (g) Provided, that payments authorized pursuant to this section shall be reduced pro rata, | |
4 | for that period of time that the municipality suspends or reduces essential services to eligible | |
5 | facilities. For the purposes of this section "essential services" include, but are not to be limited to, | |
6 | police, fire and rescue. | |
7 | SECTION 3. This article shall take effect as of July 1, 2015 and section 1 of this article | |
8 | shall apply retroactively to July 1, 2013. | |
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