2017 -- H 5175 SUBSTITUTE A |
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LC000840/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. 2017 |
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A N A C T |
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RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR |
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THE FISCAL YEAR ENDING JUNE 30, 2018 |
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Introduced By: Representative Marvin L. Abney |
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Date Introduced: January 19, 2017 |
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Referred To: House Finance |
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(Governor) |
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It is enacted by the General Assembly as follows: |
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ARTICLE 1 RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018 |
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ARTICLE 2 RELATING TO ECONOMIC DEVELOPMENT AND TAX CREDITS |
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ARTICLE 3 RELATING TO RHODE ISLAND PROMISE SCHOLARSHIP |
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ARTICLE 4 RELATING TO MOTOR VEHICLES |
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ARTICLE 5 RELATING TO GOVERNMENT REORGANIZATION |
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ARTICLE 6 RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS |
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ARTICLE 7 RELATING TO STATE FUNDS |
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ARTICLE 8 RELATING TO TAXES AND REVENUES |
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ARTICLE 9 RELATING TO HEALTH AND HUMAN SERVICES |
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ARTICLE 10 RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT |
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OF FY 2017 |
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ARTICLE 11 RELATING TO TAXATION - EXCISE ON MOTOR VEHICLES AND |
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TRAILERS |
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ARTICLE 12 RELATING TO EDUCATION AID |
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ARTICLE 13 RELATING TO DEPARTMENT OF LABOR AND TRAINING FEES AND |
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FINES |
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ARTICLE 14 RELATING TO MINIMUM WAGES |
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ARTICLE 15 RELATING TO EFFECTIVE DATE
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LC000840/SUB A |
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LC000840/SUB A - Page 2 of 2 |
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art.001/4/001/3/001/2/001/1 |
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ARTICLE 1 |
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RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2018 |
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SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained in |
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this act, the following general revenue amounts are hereby appropriated out of any money in the |
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treasury not otherwise appropriated to be expended during the fiscal year ending June 30, 2018. |
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The amounts identified for federal funds and restricted receipts shall be made available pursuant to |
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section 35-4-22 and Chapter 41 of Title 42 of the Rhode Island General Laws. For the purposes |
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and functions hereinafter mentioned, the state controller is hereby authorized and directed to draw |
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his or her orders upon the general treasurer for the payment of such sums or such portions thereof |
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as may be required from time to time upon receipt by him or her of properly authenticated vouchers. |
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Administration |
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12 |
Central Management |
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13 |
General Revenues 2,270,212 |
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14 |
Legal Services |
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15 |
General Revenues 2,170,956 |
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16 |
Accounts and Control |
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17 |
General Revenues 4,130,796 |
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18 |
Restricted Receipts – OPEB Board Administration 225,000 |
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19 |
Total – Accounts and Control 4,355,796 |
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20 |
Office of Management and Budget |
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21 |
General Revenues 8,582,351 |
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22 |
Restricted Receipts 300,000 |
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23 |
Other Funds 1,719,494 |
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Total – Office of Management and Budget 10,601,845 |
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Purchasing |
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26 |
General Revenues 2,630,843 |
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Restricted Receipts 540,000 |
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Other Funds 233,525 |
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Total – Purchasing 3,404,368 |
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Human Resources |
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1 |
General Revenues 8,057,188 |
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2 |
Federal Funds 1,014,410 |
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3 |
Restricted Receipts 610,995 |
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Other Funds 1,591,954 |
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Total – Human Resources 11,274,547 |
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Personnel Appeal Board |
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General Revenues 145,130 |
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Information Technology |
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General Revenues 22,146,644 |
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10 |
Federal Funds 6,655,755 |
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11 |
Restricted Receipts 10,777,319 |
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Other Funds 2,699,001 |
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13 |
Total – Information Technology 42,278,719 |
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14 |
Library and Information Services |
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15 |
General Revenues 1,479,475 |
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16 |
Federal Funds 1,157,870 |
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Restricted Receipts 5,500 |
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18 |
Total – Library and Information Services 2,642,845 |
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19 |
Planning |
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20 |
General Revenues 1,271,483 |
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21 |
Federal Funds 1,000 |
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Other Funds |
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Air Quality Modeling 24,000 |
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24 |
Federal Highway – PL Systems Planning 3,172,497 |
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FTA – Metro Planning Grant 1,033,131 |
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Total – Planning 5,502,111 |
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General |
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General Revenues |
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Miscellaneous Grants/Payments 100,000 |
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Provided that this amount be allocated to City Year for the Whole School Whole Child |
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Program, which provides individualized support to at-risk students. |
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Torts– Courts/Awards 400,000 |
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State Employees/Teachers Retiree Health Subsidy 2,321,057 |
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Resource Sharing and State Library Aid 9,362,072 |
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Library Construction Aid 2,161,628 |
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Restricted Receipts 700,000 |
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Other Funds |
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Rhode Island Capital Plan Funds |
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Security Measures State Buildings 500,000 |
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Energy Efficiency Improvements 1,000,000 |
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Cranston Street Armory 850,000 |
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Zambarano Building Rehabilitation 6,085,000 |
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. Big River Management Area 100,000 |
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Veterans Memorial Auditorium 205,000 |
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RI Convention Center Authority 1,250,000 |
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Dunkin Donuts Center 2,350,000 |
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Virks Building Renovations 5,236,000 |
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Accessibility – Facility Renovations 1,000,000 |
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Cannon Building 700,000 |
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Chapin Health Laboratory 3,550,000 |
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Environmental Compliance 200,000 |
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DoIT Operations Center 770,000 |
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Old Colony House 100,000 |
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Old State House 1,000,000 |
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Pastore Center Buildings Demolition 175,000 |
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Pastore Center Parking 1,300,000 |
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Pastore Center Power Plant Rehab. 800,000 |
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Pastore Center Rehab DOA Portion 3,900,000 |
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Pastore Center Strategic Plan 600,000 |
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26 |
Pastore Center Utilities Upgrade 2,000,000 |
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Pastore Center Water Tanks & Pipes 280,000 |
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Replacement of Fueling Tanks 450,000 |
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Shepard Building 395,000 |
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State House Energy Management Improvement 2,000,000 |
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State House Renovations 1,250,000 |
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State Office Building 700,000 |
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Washington County Government Center 1,400,000 |
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William Powers Administration Bldg. 1,000,000 |
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Total – General 56,190,757 |
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Debt Service Payments |
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3 |
General Revenues 138,819,065 |
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Out of the general revenue appropriations for debt service, the General Treasurer is |
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authorized to make payments for the I-195 Redevelopment District Commission loan up to the |
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maximum debt service due in accordance with the loan agreement. |
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Federal Funds 1,870,830 |
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Other Funds |
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Transportation Debt Service 40,958,106 |
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10 |
Investment Receipts – Bond Funds 100,000 |
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11 |
Total - Debt Service Payments 181,748,001 |
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12 |
Energy Resources |
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Federal Funds 723,171 |
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14 |
Restricted Receipts 11,410,652 |
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Total – Energy Resources 12,133,823 |
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16 |
Rhode Island Health Benefits Exchange |
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17 |
General Revenues 2,625,841 |
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18 |
Federal Funds 135,136 |
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19 |
Restricted Receipts 6,807,845 |
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Total – Rhode Island Health Benefits Exchange 9,568,822 |
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Construction Permitting, Approvals and Licensing |
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22 |
General Revenues 1,790,975 |
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23 |
Restricted Receipts 1,187,870 |
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Total –Approvals and Licensing 2,978,845 |
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Office of Diversity, Equity & Opportunity |
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General Revenues 1,282,250 |
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27 |
Other Funds 86,623 |
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Total – Office of Diversity, Equity & Opportunity 1,368,873 |
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29 |
Capital Asset Management and Maintenance |
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30 |
General Revenues 33,868,627 |
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31 |
Federal Funds 1,603,917 |
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32 |
Restricted Receipts 660,725 |
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33 |
Other Funds 3,874,844 |
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34 |
Total – Capital Asset Management and Maintenance 40,008,113 |
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Personnel and Operational Reforms |
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2 |
General Revenues (30,080,124) |
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3 |
Grand Total – Administration 358,563,639 |
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4 |
Business Regulation |
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5 |
Central Management |
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6 |
General Revenues 1,296,420 |
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7 |
Banking Regulation |
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8 |
General Revenues 1,743,062 |
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9 |
Restricted Receipts 50,000 |
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10 |
Total – Banking Regulation 1,793,062 |
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11 |
Securities Regulation |
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12 |
General Revenues 974,364 |
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13 |
Restricted Receipts 15,000 |
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14 |
Total – Securities Regulation 989,364 |
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15 |
Insurance Regulation |
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16 |
General Revenues 3,925,436 |
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17 |
Restricted Receipts 1,826,495 |
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18 |
Total – Insurance Regulation 5,751,931 |
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19 |
Office of the Health Insurance Commissioner |
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20 |
General Revenues 1,467,318 |
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21 |
Federal Funds 892,213 |
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22 |
Restricted Receipts 228,768 |
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23 |
Total – Office of the Health Insurance Commissioner 2,588,299 |
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24 |
Board of Accountancy |
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25 |
General Revenues 6,000 |
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26 |
Commercial Licensing, Racing & Athletics |
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27 |
General Revenues 893,038 |
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28 |
Restricted Receipts 1,778,614 |
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29 |
Total – Commercial Licensing, Racing & Athletics 2,671,652 |
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30 |
Boards for Design Professionals |
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31 |
General Revenues 362,455 |
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32 |
Grand Total – Business Regulation 15,459,183 |
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33 |
Executive Office of Commerce |
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34 |
Central Management |
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General Revenues |
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2 |
1,138,714 |
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3 |
Housing and Community Development |
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4 |
General Revenues 642,391 |
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5 |
Federal Funds 17,890,642 |
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6 |
Restricted Receipts 4,749,911 |
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7 |
Total – Housing and Community Development 23,282,944 |
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8 |
Quasi–Public Appropriations |
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9 |
General Revenues |
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10 |
Rhode Island Commerce Corporation 7,474,514 |
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11 |
Airport Impact Aid 1,025,000 |
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Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be |
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distributed to each airport serving more than 1,000,000 passengers based upon its percentage of the |
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total passengers served by all airports serving more than 1,000,000 passengers. Forty percent |
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(40%) of the first $1,000,000 shall be distributed based on the share of landings during the calendar |
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year 2017 at North Central Airport, Newport-Middletown Airport, Block Island Airport, Quonset |
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Airport, T.F. Green Airport and Westerly Airport, respectively. The Rhode Island Commerce |
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Corporation shall make an impact payment to the towns or cities in which the airport is located |
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based on this calculation. Each community upon which any parts of the above airports are located |
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shall receive at least $25,000. |
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21 |
STAC Research Alliance 1,150,000 |
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22 |
Innovative Matching Grants/Internships 1,000,000 |
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23 |
I-195 Redevelopment District Commission 761,000 |
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24 |
Chafee Center at Bryant 376,200 |
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25 |
Urban Ventures 140,000 |
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26 |
Polaris Manufacturing Grant 250,000 |
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27 |
Other Funds |
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28 |
Rhode Island Capital Plan Funds |
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29 |
I-195 Commission 300,000 |
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30 |
Quonset Piers 2,600,000 |
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31 |
Total – Quasi–Public Appropriations 15,076,714 |
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32 |
Economic Development Initiatives Fund |
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33 |
General Revenues |
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34 |
Innovation Initiative 1,000,000 |
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1 |
I-195 Redevelopment Fund 2,000,000 |
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2 |
Main Street RI Streetscape Improvements 500,000 |
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3 |
Rebuild RI Tax Credit Fund 12,500,000 |
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4 |
First Wave Closing Fund 1,800,000 |
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5 |
Total – Economic Development Initiatives Fund 17,800,000 |
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6 |
Commerce Programs |
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7 |
General Revenues |
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8 |
Wavemaker Fellowship 800,000 |
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9 |
Air Service Development 500,000 |
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10 |
Total – Commerce Programs 1,300,000 |
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11 |
Grand Total – Executive Office of Commerce 58,598,372 |
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12 |
Labor and Training |
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13 |
Central Management |
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14 |
General Revenues 134,315 |
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15 |
Restricted Receipts 687,604 |
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16 |
Other Funds |
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17 |
Rhode Island Capital Plan Funds |
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18 |
Center General Asset Protection 1,630,000 |
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19 |
Total – Central Management 2,451,919 |
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20 |
Workforce Development Services |
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21 |
General Revenues 704,517 |
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22 |
Federal Funds 22,792,153 |
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23 |
Restricted Receipts 12,434,856 |
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24 |
Other Funds 101,601 |
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25 |
Total – Workforce Development Services 35,343,328 |
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26 |
Workforce Regulation and Safety |
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27 |
General Revenues 2,998,443 |
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28 |
Income Support |
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29 |
General Revenues 4,046,748 |
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30 |
Federal Funds 14,138,705 |
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31 |
Restricted Receipts 2,500,020 |
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32 |
Other Funds |
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33 |
Temporary Disability Insurance Fund 197,566,522 |
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34 |
Employment Security Fund 161,220,000 |
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1 |
Other Funds 40,418 |
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2 |
Total – Income Support 379,512,413 |
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3 |
Injured Workers Services |
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4 |
Restricted Receipts 8,701,434 |
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5 |
Labor Relations Board |
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6 |
General Revenues 397,335 |
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7 |
Grand Total – Labor and Training 429,907,376 |
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8 |
Revenue |
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9 |
Director of Revenue |
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10 |
General Revenues 1,244,266 |
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11 |
Office of Revenue Analysis |
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12 |
General Revenues 788,009 |
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13 |
Lottery Division |
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14 |
Other Funds 375,039,436 |
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15 |
Municipal Finance |
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16 |
General Revenues 3,111,025 |
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17 |
Taxation |
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18 |
General Revenues 22,775,987 |
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19 |
Federal Funds 1,361,360 |
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20 |
Restricted Receipts 945,239 |
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21 |
Other Funds |
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22 |
Motor Fuel Tax Evasion 176,148 |
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23 |
Temporary Disability Insurance Fund 1,004,487 |
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24 |
Total – Taxation 26,263,221 |
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25 |
Registry of Motor Vehicles |
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26 |
General Revenues 21,175,553 |
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27 |
Federal Funds 206,140 |
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28 |
Restricted Receipts 2,094,763 |
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29 |
Total – Registry of Motor Vehicles 23,476,456 |
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30 |
State Aid |
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31 |
General Revenues |
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32 |
Distressed Communities Relief Fund 12,384,458 |
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33 |
Payment in Lieu of Tax Exempt Properties 45,205,606 |
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34 |
Motor Vehicle Excise Tax Payments 36,000,000 |
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1 |
Property Revaluation Program 937,228 |
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2 |
Restricted Receipts 922,013 |
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3 |
Total – State Aid 95,449,305 |
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4 |
Grand Total – Revenue 525,371,718 |
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5 |
Legislature |
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6 |
General Revenues 40,522,507 |
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7 |
Restricted Receipts 1,729,957 |
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8 |
Grand Total – Legislature 42,252,464 |
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Lieutenant Governor |
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10 |
General Revenues 1,084,217 |
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11 |
Secretary of State |
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12 |
Administration |
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13 |
General Revenues 3,382,625 |
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14 |
Corporations |
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15 |
General Revenues 2,224,127 |
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16 |
State Archives |
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17 |
General Revenues 87,150 |
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18 |
Restricted Receipts 414,478 |
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19 |
Total – State Archives 501,628 |
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20 |
Elections and Civics |
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21 |
General Revenues 1,906,470 |
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22 |
State Library |
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23 |
General Revenues 723,385 |
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24 |
Provided that $125,000 be allocated to support the Rhode Island Historical Society |
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25 |
pursuant to Rhode Island General Law, Section 29-2-1 and $18,000 be allocated to support the |
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26 |
Newport Historical Society, pursuant to Rhode Island General Law, Section 29-2-2. |
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27 |
Office of Public Information |
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28 |
General Revenues 587,562 |
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29 |
Receipted Receipts 25,000 |
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30 |
Total – Office of Public Information 612,562 |
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31 |
Grand Total – Secretary of State 9,350,797 |
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32 |
General Treasurer |
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33 |
Treasury |
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34 |
General Revenues 2,456,017 |
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1 |
Federal Funds 290,987 |
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2 |
Other Funds |
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3 |
Temporary Disability Insurance Fund 226,879 |
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4 |
Tuition Savings Program – Administration 323,363 |
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5 |
Total – General Treasurer 3,297,246 |
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6 |
State Retirement System |
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7 |
Restricted Receipts |
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8 |
Admin Expenses – State Retirement System 9,244,408 |
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9 |
Retirement – Treasury Investment Operations 1,545,880 |
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10 |
Defined Contribution – Administration 178,238 |
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11 |
Total – State Retirement System 10,968,526 |
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12 |
Unclaimed Property |
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13 |
Restricted Receipts 26,324,334 |
|
14 |
Crime Victim Compensation Program |
|
15 |
General Revenues 242,675 |
|
16 |
Federal Funds 799,350 |
|
17 |
Restricted Receipts 1,132,319 |
|
18 |
Total – Crime Victim Compensation Program 2,174,344 |
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19 |
Grand Total – General Treasurer 42,764,450 |
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20 |
Board of Elections |
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21 |
General Revenues 1,548,735 |
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22 |
Rhode Island Ethics Commission |
|
23 |
General Revenues 1,665,873 |
|
24 |
Office of Governor |
|
25 |
General Revenues |
|
26 |
General Revenues 5,147,554 |
|
27 |
Contingency Fund 250,000 |
|
28 |
Grand Total – Office of the Governor 5,397,554 |
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29 |
Commission for Human Rights |
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30 |
General Revenues 1,258,074 |
|
31 |
Federal Funds 432,028 |
|
32 |
Grand Total – Commission for Human Rights 1,690,102 |
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33 |
Public Utilities Commission |
|
34 |
Federal Funds 129,225 |
|
|
|
|
1 |
Restricted Receipts 9,007,118 |
|
2 |
Grand Total – Public Utilities Commission 9,136,343 |
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3 |
Office of Health and Human Services |
|
4 |
Central Management |
|
5 |
General Revenues 24,392,877 |
|
6 |
Federal Funds 77,188,649 |
|
7 |
Restricted Receipts 7,942,269 |
|
8 |
Total – Central Management 109,523,795 |
|
9 |
Medical Assistance |
|
10 |
General Revenues |
|
11 |
Managed Care 305,669,199 |
|
12 |
Hospitals 88,874,365 |
|
13 |
Nursing Facilities 87,025,458 |
|
14 |
Home and Community Based Services 29,133,178 |
|
15 |
Other Services 66,474,753 |
|
16 |
Pharmacy 63,129,216 |
|
17 |
Rhody Health 288,671,528 |
|
18 |
Federal Funds |
|
19 |
Managed Care 384,843,395 |
|
20 |
Hospitals 88,630,266 |
|
21 |
Nursing Facilities 91,818,475 |
|
22 |
Home and Community Based Services 30,737,717 |
|
23 |
Other Services 507,836,076 |
|
24 |
Pharmacy (1,060,683) |
|
25 |
Rhody Health 302,930,915 |
|
26 |
Other Programs 42,500,000 |
|
27 |
Restricted Receipts 11,274,268 |
|
28 |
Total – Medical Assistance 2,388,488,126 |
|
29 |
Grand Total – Office of Health and Human Services 2,498,011,921 |
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30 |
Children, Youth, and Families |
|
31 |
Central Management |
|
32 |
General Revenues 7,157,480 |
|
33 |
Federal Funds 2,831,574 |
|
34 |
Total – Central Management 9,989,054 |
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|
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1 |
Children's Behavioral Health Services |
|
2 |
General Revenues 5,099,171 |
|
3 |
Federal Funds 5,447,794 |
|
4 |
Other Funds |
|
5 |
Rhode Island Capital Plan Funds |
|
6 |
Training School Repairs/Improvements 100,000 |
|
7 |
Total – Children's Behavioral Health Services 10,646,965 |
|
8 |
Juvenile Correctional Services |
|
9 |
General Revenues 22,824,456 |
|
10 |
Federal Funds 280,282 |
|
11 |
Other Funds |
|
12 |
Rhode Island Capital Plan Funds |
|
13 |
Generators – Rhode Island Training School 950,000 |
|
14 |
Total – Juvenile Correctional Services 24,054,738 |
|
15 |
Child Welfare |
|
16 |
General Revenues |
|
17 |
General Revenues 96,928,649 |
|
18 |
18 to 21 Year Olds 13,646,106 |
|
19 |
Federal Funds |
|
20 |
Federal Funds 43,160,424 |
|
21 |
18 to 21 Year Olds 7,295,085 |
|
22 |
Restricted Receipts 3,128,707 |
|
23 |
Total – Child Welfare 164,158,971 |
|
24 |
Higher Education Incentive Grants |
|
25 |
General Revenues 200,000 |
|
26 |
Grand Total – Children, Youth, and Families 209,049,728 |
|
27 |
Health |
|
28 |
Central Management |
|
29 |
General Revenues 789,523 |
|
30 |
Federal Funds 3,646,373 |
|
31 |
Restricted Receipts 4,976,359 |
|
32 |
Total – Central Management 9,412,255 |
|
33 |
Community Health and Equity |
|
34 |
General Revenues 691,032 |
|
|
|
|
1 |
Federal Funds 71,790,291 |
|
2 |
Restricted Receipts 32,202,603 |
|
3 |
Total – Community Health and Equity 104,683,926 |
|
4 |
Environmental Health |
|
5 |
General Revenues 5,100,209 |
|
6 |
Federal Funds 7,325,459 |
|
7 |
Restricted Receipts 239,613 |
|
8 |
Total – Environmental Health 12,665,281 |
|
9 |
Health Laboratories and Medical Examiner |
|
10 |
General Revenues 9,531,063 |
|
11 |
Federal Funds 2,034,544 |
|
12 |
Total – Health Laboratories and Medical Examiner 11,565,607 |
|
13 |
Customer Services |
|
14 |
General Revenues 6,324,375 |
|
15 |
Federal Funds 4,193,231 |
|
16 |
Restricted Receipts 1,087,647 |
|
17 |
Total – Customer Services 11,605,253 |
|
18 |
Policy, Information and Communications |
|
19 |
General Revenues 837,790 |
|
20 |
Federal Funds 2,354,457 |
|
21 |
Restricted Receipts 872,764 |
|
22 |
Total – Policy, Information and Communications 4,065,011 |
|
23 |
Preparedness, Response, Infectious Disease & Emergency Services |
|
24 |
General Revenues 1,619,131 |
|
25 |
Federal Funds 14,028,957 |
|
26 |
Total – Preparedness, Response, Infectious Disease & |
|
27 |
Emergency Services 15,648,088 |
|
28 |
Grand Total - Health 169,645,421 |
|
29 |
Human Services |
|
30 |
Central Management |
|
31 |
General Revenues 3,410,108 |
|
32 |
Of this amount, $300,000 is to support the Domestic Violence Prevention Fund to provide |
|
33 |
direct services through the Coalition Against Domestic Violence, $250,000 is to support Project |
|
34 |
Reach activities provided by the RI Alliance of Boys and Girls Club, $217,000 is for outreach and |
|
|
|
|
1 |
supportive services through Day One, $175,000 is for food collection and distribution through the |
|
2 |
Rhode Island Community Food Bank, $300,000 for services provided to the homeless at Crossroad |
|
3 |
Rhode Island, and $520,000 for the Community Action Fund and $200,000 for the Institute for the |
|
4 |
Study and Practice of Nonviolence’s Reduction Strategy. |
|
5 |
Federal Funds 3,973,906 |
|
6 |
Restricted Receipts 507,991 |
|
7 |
Total – Central Management 7,892,005 |
|
8 |
Child Support Enforcement |
|
9 |
General Revenues 3,381,319 |
|
10 |
Federal Funds 7,868,794 |
|
11 |
Total – Child Support Enforcement 11,250,113 |
|
12 |
Individual and Family Support |
|
13 |
General Revenues 20,379,984 |
|
14 |
Federal Funds 99,042,651 |
|
15 |
Restricted Receipts 386,650 |
|
16 |
Other Funds |
|
17 |
Intermodal Surface Transportation Fund 4,428,478 |
|
18 |
Rhode Island Capital Plan Funds |
|
19 |
Blind Vending Facilities 165,000 |
|
20 |
Total – Individual and Family Support 124,402,763 |
|
21 |
Office of Veterans' Affairs |
|
22 |
General Revenues 20,601,826 |
|
23 |
Of this amount $200,000 to provide support services through Veteran’s organization. |
|
24 |
Federal Funds 19,211,211 |
|
25 |
Restricted Receipts 2,241,167 |
|
26 |
Total – Office Veterans' Affairs 42,054,204 |
|
27 |
Health Care Eligibility |
|
28 |
General Revenues 6,045,119 |
|
29 |
Federal Funds 8,001,670 |
|
30 |
Total – Health Care Eligibility 14,046,789 |
|
31 |
Supplemental Security Income Program |
|
32 |
General Revenues 18,548,119 |
|
33 |
Rhode Island Works |
|
34 |
General Revenues 10,612,819 |
|
|
|
|
1 |
Federal Funds 82,662,141 |
|
2 |
Total – Rhode Island Works 93,274,960 |
|
3 |
Other Programs |
|
4 |
General Revenues 1,558,951 |
|
5 |
Of this appropriation, $180,000 shall be used for hardship contingency payments. |
|
6 |
Federal Funds 282,060,431 |
|
7 |
Total – Other Programs 283,619,382 |
|
8 |
Elderly Affairs |
|
9 |
General Revenues |
|
10 |
General Revenues 6,592,188 |
|
11 |
Of this amount, $140,000 to provide elder services, including respite, through the Diocese |
|
12 |
of Providence, $40,000 for ombudsman services provided by the Alliance for Long Term Care in |
|
13 |
accordance with Rhode Island General Law, Section 42-66.7, $85,000 for security for housing for |
|
14 |
the elderly in accordance with Rhode Island General Law, Section 42-66.1-3, $400,000 for Senior |
|
15 |
Services Support and $580,000 for elderly nutrition, of which $530,000 is for Meals on Wheels. |
|
16 |
RIPAE 120,693 |
|
17 |
Federal Funds 12,763,393 |
|
18 |
Restricted Receipts 134,428 |
|
19 |
Total – Elderly Affairs 19,610,702 |
|
20 |
Grand Total – Human Services 614,699,037 |
|
21 |
Behavioral Healthcare, Developmental Disabilities, and Hospitals |
|
22 |
Central Management |
|
23 |
General Revenues 1,655,306 |
|
24 |
Hospital and Community System Support |
|
25 |
General Revenues 2,067,954 |
|
26 |
Other Funds |
|
27 |
Rhode Island Capital Plan Funds |
|
28 |
Medical Center Rehabilitation 250,000 |
|
29 |
Community Facilities Fire Code 400,000 |
|
30 |
Total – Hospital and Community System Support 2,717,954 |
|
31 |
Services for the Developmentally Disabled |
|
32 |
General Revenues 123,584,106 |
|
33 |
Federal Funds 130,151,094 |
|
34 |
Restricted Receipts 1,872,560 |
|
|
|
|
1 |
Other Funds |
|
2 |
Rhode Island Capital Plan Funds |
|
3 |
DD Private Waiver 100,000 |
|
4 |
Regional Center Repair/Rehabilitation 300,000 |
|
5 |
MR Community Facilities/Access to Independence 500,000 |
|
6 |
Total – Services for the Developmentally Disabled 256,507,760 |
|
7 |
Behavioral Healthcare Services |
|
8 |
General Revenues 2,543,780 |
|
9 |
Federal Funds 24,368,659 |
|
10 |
Of this federal funding, $900,000 shall be expended on the Municipal Substance Abuse |
|
11 |
Task Forces, $250,000 for the Oasis Wellness and Recovery Center and $128,000 shall be |
|
12 |
expended on NAMI of RI. |
|
13 |
Restricted Receipts 100,000 |
|
14 |
Other Funds |
|
15 |
Rhode Island Capital Plan Funds |
|
16 |
MH Community Facilities Repair 200,000 |
|
17 |
MH Housing Development Thresholds 800,000 |
|
18 |
Substance Abuse Asset Protection 150,000 |
|
19 |
Total – Behavioral Healthcare Services 28,162,439 |
|
20 |
Hospital and Community Rehabilitative Services |
|
21 |
General Revenues 46,434,725 |
|
22 |
Federal Funds 49,579,460 |
|
23 |
Restricted Receipts 6,536,595 |
|
24 |
Other Funds |
|
25 |
Rhode Island Capital Plan Funds |
|
26 |
Zambarano Buildings and Utilities 280,000 |
|
27 |
Hospital Consolidation 3,310,000 |
|
28 |
Eleanor Slater HVAC/Elevators 250,000 |
|
29 |
MR Community Facilities 1,025,000 |
|
30 |
Hospital Equipment 300,000 |
|
31 |
Total - Hospital and Community Rehabilitative Services 107,715,780 |
|
32 |
Grand Total – Behavioral Healthcare, Developmental |
|
33 |
Disabilities, and Hospitals 396,759,239 |
|
34 |
Office of the Child Advocate |
|
|
|
|
1 |
General Revenues 781,499 |
|
2 |
Federal Funds 144,621 |
|
3 |
Grand Total – Office of the Child Advocate 926,120 |
|
4 |
Commission on the Deaf and Hard of Hearing |
|
5 |
General Revenues 498,710 |
|
6 |
Restricted Receipts 129,200 |
|
7 |
Grand Total – Comm. On Deaf and Hard of Hearing 627,910 |
|
8 |
Governor’s Commission on Disabilities |
|
9 |
General Revenues 454,938 |
|
10 |
Federal Funds 343,542 |
|
11 |
Restricted Receipts 43,710 |
|
12 |
Total – Governor’s Commission on Disabilities 842,190 |
|
13 |
Office of the Mental Health Advocate |
|
14 |
General Revenues 549,563 |
|
15 |
Elementary and Secondary Education |
|
16 |
Administration of the Comprehensive Education Strategy |
|
17 |
General Revenues 20,106,907 |
|
18 |
Provided that $90,000 be allocated to support the hospital school at Hasbro Children’s |
|
19 |
Hospital pursuant to Rhode Island General Law, Section 16-7-20 and that $245,000 be allocated to |
|
20 |
support child opportunity zones through agreements with the Department of Elementary and |
|
21 |
Secondary Education to strengthen education, health and social services for students and their |
|
22 |
families as a strategy to accelerate student achievement. |
|
23 |
Federal Funds 201,868,995 |
|
24 |
Restricted Receipts |
|
25 |
Restricted Receipts 2,241,390 |
|
26 |
HRIC Adult Education Grants 3,500,000 |
|
27 |
Total – Admin. of the Comprehensive Ed. Strategy 227,717,292 |
|
28 |
Davies Career and Technical School |
|
29 |
General Revenues 13,358,058 |
|
30 |
Federal Funds 1,376,685 |
|
31 |
Restricted Receipts 3,716,922 |
|
32 |
Other Funds |
|
33 |
Rhode Island Capital Plan Funds |
|
34 |
Davies HVAC 1,000,000 |
|
|
|
|
1 |
Davies Asset Protection 150,000 |
|
2 |
Davies Advanced Manufacturing 3,650,000 |
|
3 |
Total – Davies Career and Technical School 23,251,665 |
|
4 |
RI School for the Deaf |
|
5 |
General Revenues 6,269,979 |
|
6 |
Federal Funds 254,320 |
|
7 |
Restricted Receipts 777,791 |
|
8 |
Other Funds |
|
9 |
School for the Deaf – Fee for Service 59,000 |
|
10 |
Total – RI School for the Deaf 7,361,090 |
|
11 |
Metropolitan Career and Technical School |
|
12 |
General Revenues 9,342,007 |
|
13 |
Other Funds |
|
14 |
Rhode Island Capital Plan Funds |
|
15 |
MET Asset Protection 250,000 |
|
16 |
MET School HVAC 2,173,000 |
|
17 |
Total – Metropolitan Career and Technical School 11,765,007 |
|
18 |
Education Aid |
|
19 |
General Revenues 889,822,092 |
|
20 |
Restricted Receipts 20,184,044 |
|
21 |
Other Funds |
|
22 |
Permanent School Fund 300,000 |
|
23 |
Total – Education Aid 910,306,136 |
|
24 |
Central Falls School District |
|
25 |
General Revenues 39,878,367 |
|
26 |
School Construction Aid |
|
27 |
General Revenues |
|
28 |
School Housing Aid 70,907,110 |
|
29 |
School Building Authority Fund 9,092,890 |
|
30 |
Total – School Construction Aid 80,000,000 |
|
31 |
Teachers' Retirement |
|
32 |
General Revenues 101,833,986 |
|
33 |
Grand Total – Elementary and Secondary Education 1,402,113,543 |
|
34 |
Public Higher Education |
|
|
|
|
1 |
Office of the Postsecondary Commissioner |
|
2 |
General Revenues 14,578,459 |
|
3 |
Provided that $355,000 shall be allocated the Rhode Island College Crusade pursuant to |
|
4 |
the Rhode Island General Law, Section 16-70-5 and that $30,000 shall be allocated to Best Buddies |
|
5 |
Rhode Island to support its programs for children with developmental and intellectual disabilities. |
|
6 |
It is also provided that $2,750,000 shall be allocated to the Rhode Island Promise Scholarship |
|
7 |
program. |
|
8 |
Federal Funds |
|
9 |
Federal Funds 3,707,287 |
|
10 |
Guaranty Agency Administration 5,576,382 |
|
11 |
WaytogoRI Portal 650,000 |
|
12 |
Guaranty Agency Operating Fund-Scholarships & Grants 4,000,000 |
|
13 |
Restricted Receipts 1,490,341 |
|
14 |
Other Funds |
|
15 |
Tuition Savings Program – Dual Enrollment 1,300,000 |
|
16 |
Tuition Savings Program – Scholarships and Grants 6,095,000 |
|
17 |
Nursing Education Center – Operating 5,052,544 |
|
18 |
Total – Office of the Postsecondary Commissioner 42,450,013 |
|
19 |
University of Rhode Island |
|
20 |
General Revenues |
|
21 |
General Revenues 77,371,073 |
|
22 |
Provided that in order to leverage federal funding and support economic development, |
|
23 |
$350,000 shall be allocated to the Small Business Development Center and that $50,000 shall be |
|
24 |
allocated to Special Olympics Rhode Island to support its mission of providing athletic |
|
25 |
opportunities for individuals with intellectual and developmental disabilities. |
|
26 |
The University shall not decrease internal student financial aid in the 2017 - 2018 academic year |
|
27 |
below the level of the 2016 - 2017 academic year. The President of the institution shall report, |
|
28 |
prior to the commencement of the 2017 - 2018 academic year, to the chair of the Council of |
|
29 |
Postsecondary Education that such tuition charges and student aid levels have been achieved at the |
|
30 |
start of the FY 2018 as prescribed above. Debt Service |
|
31 |
22,657,568 |
|
32 |
RI State Forensics Laboratory 1,201,087 |
|
33 |
Other Funds |
|
34 |
University and College Funds 645,715,072 |
|
|
|
|
1 |
Debt – Dining Services 1,007,421 |
|
2 |
Debt – Education and General 3,491,909 |
|
3 |
Debt – Health Services 136,271 |
|
4 |
Debt – Housing Loan Funds 9,984,968 |
|
5 |
Debt – Memorial Union 320,961 |
|
6 |
Debt – Ryan Center 2,423,089 |
|
7 |
Debt – Alton Jones Services 102,964 |
|
8 |
Debt – Parking Authority 1,126,190 |
|
9 |
Debt – Sponsored Research 84,913 |
|
10 |
Debt – Restricted Energy Conservation 810,170 |
|
11 |
Debt – URI Energy Conservation 1,831,837 |
|
12 |
Rhode Island Capital Plan Funds |
|
13 |
Asset Protection 8,030,000 |
|
14 |
Fine Arts Center Advanced Planning 1,000,000 |
|
15 |
Total – University of Rhode Island 777,295,493 |
|
16 |
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or |
|
17 |
unemcumbered balances as of June 30, 2018 relating to the University of Rhode Island are hereby |
|
18 |
reappropriated to fiscal year 2019.Rhode Island College |
|
19 |
General Revenues 48,188,791 |
|
20 |
Debt Service 4,867,060 |
|
21 |
Rhode Island College shall not decrease internal student financial aid in the 2017 - 2018 |
|
22 |
academic year below the level of the 2016 - 2017 academic year. The President of the institution |
|
23 |
shall report, prior to the commencement of the 2017 - 2018 academic year, to the chair of the |
|
24 |
Council of Postsecondary Education that such tuition charges and student aid levels have been |
|
25 |
achieved at the start of the FY 2018 as prescribed above. |
|
26 |
Other Funds |
|
27 |
University and College Funds 127,503,637 |
|
28 |
Debt – Education and General 1,473,919 |
|
29 |
Debt – Housing 368,262 |
|
30 |
Debt – Student Center and Dining 154,095 |
|
31 |
Debt – Student Union 235,556 |
|
32 |
Debt – G.O. Debt Service 1,640,974 |
|
33 |
Debt Energy Conservation 592,875 |
|
34 |
Rhode Island Capital Plan Funds |
|
|
|
|
1 |
Asset Protection 3,458,431 |
|
2 |
Infrastructure Modernization 4,500,000 |
|
3 |
Academic Building Phase I 6,100,000 |
|
4 |
Total – Rhode Island College 199,083,600 |
|
5 |
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or |
|
6 |
unemcumbered balances as of June 30, 2018 relating to Rhode Island College are hereby |
|
7 |
reappropriated to fiscal year 2019.Community College of Rhode Island |
|
8 |
General Revenues |
|
9 |
General Revenues 49,935,710 |
|
10 |
The Community College of Rhode Island shall not decrease internal student financial aid in the |
|
11 |
2017 - 2018 academic year below the level of the 2016 - 2017 academic year. The President of the |
|
12 |
institution shall report, prior to the commencement of the 2017 - 2018 academic year, to the chair |
|
13 |
of the Council of Postsecondary Education that such tuition charges and student aid levels have |
|
14 |
been achieved at the start of the FY 2018 as prescribed above. Debt Service |
|
15 |
2,082,845 |
|
16 |
Restricted Receipts 683,649 |
|
17 |
Other Funds |
|
18 |
University and College Funds 99,588,610 |
|
19 |
CCRI Debt Service – Energy Conservation 805,025 |
|
20 |
Rhode Island Capital Plan Funds |
|
21 |
Asset Protection 2,799,063 |
|
22 |
Knight Campus Lab Renovation 375,000 |
|
23 |
Knight Campus Renewal 5,000,000 |
|
24 |
Total – Community College of RI 161,269,902 |
|
25 |
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or |
|
26 |
unemcumbered balances as of June 30, 2018 relating to the Community College of Rhode Island |
|
27 |
are hereby reappropriated to fiscal year 2019. |
|
28 |
Grand Total – Public Higher Education 1,180,099,008 |
|
29 |
RI State Council on the Arts |
|
30 |
General Revenues |
|
31 |
Operating Support 780,056 |
|
32 |
Grants 1,165,000 |
|
33 |
Provided that $375,000 be provided to support the operational costs of WaterFire |
|
34 |
Providence art installations. |
|
|
|
|
1 |
Federal Funds 781,454 |
|
2 |
Other Funds |
|
3 |
Art for Public Facilities 345,800 |
|
4 |
Grand Total – RI State Council on the Arts 3,072,310 |
|
5 |
RI Atomic Energy Commission |
|
6 |
General Revenues 982,157 |
|
7 |
Other Funds |
|
8 |
URI Sponsored Research 272,216 |
|
9 |
Rhode Island Capital Plan Funds |
|
10 |
RINSC Asset Protection 50,000 |
|
11 |
Grand Total – RI Atomic Energy Commission 1,304,373 |
|
12 |
RI Historical Preservation and Heritage Commission |
|
13 |
General Revenues 1,121,134 |
|
14 |
Provided that $30,000 support the operational costs of the Fort Adam Trust’s restoration |
|
15 |
activities. |
|
16 |
Federal Funds 860,963 |
|
17 |
Restricted Receipts 427,700 |
|
18 |
Other Funds |
|
19 |
RIDOT Project Review 80,970 |
|
20 |
Grand Total – RI Historical Preservation and Heritage Comm. 2,490,767 |
|
21 |
Attorney General |
|
22 |
Criminal |
|
23 |
General Revenues 16,070,177 |
|
24 |
Federal Funds 16,988,288 |
|
25 |
Restricted Receipts 164,599 |
|
26 |
Total – Criminal 33,223,064 |
|
27 |
Civil |
|
28 |
General Revenues 5,251,678 |
|
29 |
Restricted Receipts 631,559 |
|
30 |
Total – Civil 5,883,237 |
|
31 |
Bureau of Criminal Identification |
|
32 |
General Revenues 1,670,102 |
|
33 |
General |
|
34 |
General Revenues 3,202,794 |
|
|
|
|
1 |
Other Funds |
|
2 |
Rhode Island Capital Plan Funds |
|
3 |
Building Renovations and Repairs 150,000 |
|
4 |
Total – General 3,352,794 |
|
5 |
Grand Total – Attorney General 44,129,197 |
|
6 |
Corrections |
|
7 |
Central Management |
|
8 |
General Revenues 9,994,732 |
|
9 |
Federal Funds 3,743 |
|
10 |
Total – Central Management 9,998,475 |
|
11 |
Parole Board |
|
12 |
General Revenues 1,420,791 |
|
13 |
Federal Funds 120,827 |
|
14 |
Total – Parole Board 1,541,618 |
|
15 |
Custody and Security |
|
16 |
General Revenues 137,893,460 |
|
17 |
Federal Funds 785,392 |
|
18 |
Total – Custody and Security 138,678,852 |
|
19 |
Institutional Support |
|
20 |
General Revenues 15,183,107 |
|
21 |
Other Funds |
|
22 |
Rhode Island Capital Plan Funds |
|
23 |
Asset Protection 3,922,042 |
|
24 |
Maximum – General Renovations 1,300,000 |
|
25 |
Dix Building Renovations 1,075,000 |
|
26 |
New Gloria McDonald Buiding 150,000 |
|
27 |
ISC Exterior Envelope and HVAC 2,027,455 |
|
28 |
Medium Infrastructure 7,283,688 |
|
29 |
Total – Institutional Support 30,941,292 |
|
30 |
Institutional Based Rehab./Population Management |
|
31 |
General Revenues 11,757,594 |
|
32 |
Federal Funds 584,942 |
|
33 |
Restricted Receipts 44,473 |
|
34 |
Total – Institutional Based Rehab/Population Mgt. 12,387,009 |
|
|
|
|
1 |
Healthcare Services |
|
2 |
General Revenues 23,509,518 |
|
3 |
Community Corrections |
|
4 |
General Revenues 18,661,626 |
|
5 |
Provided that $1,050,000 be allocated to Crossroads Rhode Island for sex offender |
|
6 |
discharge planning. |
|
7 |
Federal Funds 86,980 |
|
8 |
Restricted Receipts 14,895 |
|
9 |
Total – Community Corrections 18,763,501 |
|
10 |
Grand Total – Corrections 235,820,265 |
|
11 |
Judiciary |
|
12 |
Supreme Court |
|
13 |
General Revenues |
|
14 |
General Revenues 28,306,302 |
|
15 |
Provided, however; that no more than $1,183,205 in combined total shall be offset to the |
|
16 |
Public Defender’s Office, the Attorney General’s Office, the Department of Corrections, the |
|
17 |
Department of Children, Youth, and Families, and the Department of Public Safety for square- |
|
18 |
footage occupancy costs in public courthouses and further provided that $230,000 be allocated to |
|
19 |
the Rhode Island Coalition Against Domestic Violence for the domestic abuse court advocacy |
|
20 |
project pursuant to Rhode Island General Law, Section 12-29-7 and that $90,000 be allocated to |
|
21 |
Rhode Island Legal Services, Inc. to provide housing and eviction defense to indigent individuals. |
|
22 |
Defense of Indigents 3,803,166 |
|
23 |
Federal Funds 121,481 |
|
24 |
Restricted Receipts 3,980,969 |
|
25 |
Other Funds |
|
26 |
Rhode Island Capital Plan Funds |
|
27 |
Judicial Complexes - HVAC 900,000 |
|
28 |
Judicial Complexes Asset Protection 950,000 |
|
29 |
Licht Judicial Complex Restoration 750,000 |
|
30 |
Licht Window/Exterior Restoration 500,000 |
|
31 |
Noel Shelled Courtroom Build Out 4,000,000 |
|
32 |
Total - Supreme Court 43,311,918 |
|
33 |
Judicial Tenure and Discipline |
|
34 |
General Revenues 146,008 |
|
|
|
|
1 |
Superior Court |
|
2 |
General Revenues 23,146,531 |
|
3 |
Federal Funds 91,739 |
|
4 |
Restricted Receipts 370,781 |
|
5 |
Total – Superior Court 23,609,051 |
|
6 |
Family Court |
|
7 |
General Revenues 20,462,348 |
|
8 |
Federal Funds 2,908,095 |
|
9 |
Total – Family Court 23,370,443 |
|
10 |
District Court |
|
11 |
General Revenues 12,681,702 |
|
12 |
Federal Funds 289,829 |
|
13 |
Restricted Receipts 60,000 |
|
14 |
Total - District Court 13,031,531 |
|
15 |
Traffic Tribunal |
|
16 |
General Revenues 9,468,420 |
|
17 |
Workers' Compensation Court |
|
18 |
Restricted Receipts 8,118,883 |
|
19 |
Grand Total – Judiciary 121,056,254 |
|
20 |
Military Staff |
|
21 |
General Revenues 2,634,057 |
|
22 |
Federal Funds 27,746,960 |
|
23 |
Restricted Receipts |
|
24 |
RI Military Family Relief Fund 100,000 |
|
25 |
Other Funds |
|
26 |
Rhode Island Capital Plan Funds |
|
27 |
Armory of Mounted Command Roof Replacement 949,775 |
|
28 |
Asset Protection 700,000 |
|
29 |
Burrillville Regional Training Institute 22,150 |
|
30 |
Bristol Readiness Center 125,000 |
|
31 |
Joint Force Headquarters Building 5,900,000 |
|
32 |
Grand Total – Military Staff 38,177,942 |
|
33 |
Public Safety |
|
34 |
Central Management |
|
|
|
|
1 |
General Revenues 1,793,934 |
|
2 |
Federal Funds 10,918,463 |
|
3 |
Total – Central Management 12,712,397 |
|
4 |
E-911 Emergency Telephone System |
|
5 |
General Revenues 5,894,522 |
|
6 |
State Fire Marshal |
|
7 |
General Revenues 3,669,361 |
|
8 |
Federal Funds 277,167 |
|
9 |
Restricted Receipts 212,166 |
|
10 |
Other Funds |
|
11 |
Quonset Development Corporation 72,442 |
|
12 |
Total – State Fire Marshal 4,231,136 |
|
13 |
Security Services |
|
14 |
General Revenues 23,937,443 |
|
15 |
Municipal Police Training Academy |
|
16 |
General Revenues 269,414 |
|
17 |
Federal Funds 239,365 |
|
18 |
Total – Municipal Police Training Academy 508,779 |
|
19 |
State Police |
|
20 |
General Revenues 65,492,857 |
|
21 |
Federal Funds 3,444,674 |
|
22 |
Restricted Receipts 203,758 |
|
23 |
Other Funds |
|
24 |
Lottery Commission Assistance 1,495,293 |
|
25 |
Airport Corporation Assistance 150,000 |
|
26 |
Road Construction Reimbursement 2,934,672 |
|
27 |
Weight and Measurement Reimbursement 400,000 |
|
28 |
Rhode Island Capital Plan Funds |
|
29 |
DPS Asset Protection 250,000 |
|
30 |
Training Academy Upgrades 100,000 |
|
31 |
Total – State Police 74,471,254 |
|
32 |
Grand Total – Public Safety 121,755,531 |
|
33 |
Office of Public Defender |
|
34 |
General Revenues 12,043,006 |
|
|
|
|
1 |
Federal Funds 97,820 |
|
2 |
Grand Total – Office of Public Defender 12,140,826 |
|
3 |
Emergency Management Agency |
|
4 |
General Revenues 1,734,470 |
|
5 |
Federal Funds 14,775,673 |
|
6 |
Restricted Receipts 450,095 |
|
7 |
Other |
|
8 |
Rhode Island Capital Plan Funds |
|
9 |
RI Statewide Communications Network 1,494,414 |
|
10 |
Grand Total – Emergency Management Agency 18,454,652 |
|
11 |
Environmental Management |
|
12 |
Office of the Director |
|
13 |
General Revenues 5,541,873 |
|
14 |
Of this general revenue amount, $50,000 is appropriated to the Conservation Districts. |
|
15 |
Restricted Receipts 4,054,487 |
|
16 |
Total – Office of the Director 9,596,360 |
|
17 |
Natural Resources |
|
18 |
General Revenues 20,988,161 |
|
19 |
Federal Funds 23,024,285 |
|
20 |
Restricted Receipts 4,120,511 |
|
21 |
Other Funds |
|
22 |
DOT Recreational Projects 1,178,375 |
|
23 |
Blackstone Bikepath Design 2,059,579 |
|
24 |
Transportation MOU 78,350 |
|
25 |
Rhode Island Capital Plan Funds |
|
26 |
Dams Rehabilitation 2,245,805 |
|
27 |
Fort Adams Rehabilitation 300,000 |
|
28 |
Fort Adams Sailing Improvements/Mid-Park 1,750,000 |
|
29 |
Recreational Facilities Improvements 2,450,000 |
|
30 |
Galilee Piers Upgrade 1,250,000 |
|
31 |
Newport Piers Upgrade 137,500 |
|
32 |
Fish & Wildlife Maintenance Facilities 150,000 |
|
33 |
Greenway Blackstone Valley Park Improvements 359,170 |
|
34 |
Natural Resources Offices/Visitor’s Center 1,000,000 |
|
|
|
|
1 |
Rocky Point Acquisition/Renovations 150,000 |
|
2 |
Marine Infrastructure and Pier Development 500,000 |
|
3 |
State Recreation Building Demolition 100,000 |
|
4 |
Total – Natural Resources 61,841,736 |
|
5 |
Environmental Protection |
|
6 |
General Revenues 12,674,150 |
|
7 |
Federal Funds 10,375,027 |
|
8 |
Restricted Receipts 9,321,063 |
|
9 |
Other Funds |
|
10 |
Transportation MOU 164,734 |
|
11 |
Total – Environmental Protection 32,534,974 |
|
12 |
Grand Total – Environmental Management 103,973,070 |
|
13 |
Coastal Resources Management Council |
|
14 |
General Revenues 2,487,578 |
|
15 |
Federal Funds 1,649,291 |
|
16 |
Restricted Receipts 250,000 |
|
17 |
Other Funds |
|
18 |
Rhode Island Capital Plan Funds |
|
19 |
Rhode Island Coastal Storm Risk Study 150,000 |
|
20 |
Narragansett Bay SAMP 250,000 |
|
21 |
Green Pond Dredging Study 50,000 |
|
22 |
Grand Total – Coastal Resources Mgmt. Council 4,836,869 |
|
23 |
Transportation |
|
24 |
Central Management |
|
25 |
Federal Funds 6,756,379 |
|
26 |
Other Funds |
|
27 |
Gasoline Tax 4,799,653 |
|
28 |
Total – Central Management 11,556,032 |
|
29 |
Management and Budget |
|
30 |
Other Funds |
|
31 |
Gasoline Tax 2,942,455 |
|
32 |
Infrastructure Engineering |
|
33 |
Federal Funds |
|
34 |
Federal Funds 274,247,090 |
|
|
|
|
1 |
Federal Funds – Stimulus 4,386,593 |
|
2 |
Restricted Receipts 3,168,128 |
|
3 |
Other Funds |
|
4 |
Gasoline Tax 76,170,795 |
|
5 |
Land Sale Revenue 2,673,125 |
|
6 |
Rhode Island Capital Plan Funds |
|
7 |
RIPTA Land and Buildings 90,000 |
|
8 |
T.F. Green Airport Improvements 2,000,000 |
|
9 |
RIPTA Pawtucket Bus Hub 313,018 |
|
10 |
RIPTA Providence Transit Connector 470,588 |
|
11 |
Highway Improvement Program 35,851,346 |
|
12 |
Total - Infrastructure Engineering 399,370,683 |
|
13 |
Infrastructure Maintenance |
|
14 |
Other Funds |
|
15 |
Gasoline Tax 20,612,520 |
|
16 |
Non-Land Surplus Property 50,000 |
|
17 |
Outdoor Advertising 100,000 |
|
18 |
Rhode Island Highway Maintenance Account 74,433,382 |
|
19 |
Rhode Island Capital Plan Funds |
|
20 |
Maintenance Facilities Improvements 400,000 |
|
21 |
Salt Storage Facilities 1,750,000 |
|
22 |
Maintenance - Equipment Replacement 2,500,000 |
|
23 |
Train Station Maintenance and Repairs 350,000 |
|
24 |
Total – Infrastructure Maintenance 100,195,902 |
|
25 |
Grand Total – Transportation 514,065,072 |
|
26 |
Statewide Totals |
|
27 |
General Revenues 3,755,219,338 |
|
28 |
Federal Funds 3,101,075,935 |
|
29 |
Restricted Receipts 261,847,783 |
|
30 |
Other Funds 2,079,248,575 |
|
31 |
Statewide Grand Total 9,197,391,631 |
|
32 |
SECTION 2. Each line appearing in Section 1 of this Article shall constitute an |
|
33 |
appropriation. |
|
34 |
SECTION 3. Upon the transfer of any function of a department or agency to another |
|
|
|
|
1 |
department or agency, the Governor is hereby authorized by means of executive order to transfer |
|
2 |
or reallocate, in whole or in part, the appropriations and the full-time equivalent limits affected |
|
3 |
thereby. |
|
4 |
SECTION 4. From the appropriation for contingency shall be paid such sums as may be |
|
5 |
required at the discretion of the Governor to fund expenditures for which appropriations may not |
|
6 |
exist. Such contingency funds may also be used for expenditures in the several departments and |
|
7 |
agencies where appropriations are insufficient, or where such requirements are due to unforeseen |
|
8 |
conditions or are non-recurring items of an unusual nature. Said appropriations may also be used |
|
9 |
for the payment of bills incurred due to emergencies or to any offense against public peace and |
|
10 |
property, in accordance with the provisions of Titles 11 and 45 of the General Laws of 1956, as |
|
11 |
amended. All expenditures and transfers from this account shall be approved by the Governor. |
|
12 |
SECTION 5. The general assembly authorizes the state controller to establish the internal |
|
13 |
service accounts shown below, and no other, to finance and account for the operations of state |
|
14 |
agencies that provide services to other agencies, institutions and other governmental units on a cost |
|
15 |
reimbursed basis. The purpose of these accounts is to ensure that certain activities are managed in |
|
16 |
a businesslike manner, promote efficient use of services by making agencies pay the full costs |
|
17 |
associated with providing the services, and allocate the costs of central administrative services |
|
18 |
across all fund types, so that federal and other non-general fund programs share in the costs of |
|
19 |
general government support. The controller is authorized to reimburse these accounts for the cost |
|
20 |
of work or services performed for any other department or agency subject to the following |
|
21 |
expenditure limitations: |
|
22 |
Account Expenditure Limit |
|
23 |
State Assessed Fringe Benefit Internal Service Fund 41,229,448 |
|
24 |
Administration Central Utilities Internal Service Fund 24,910,320 |
|
25 |
State Central Mail Internal Service Fund 6,838,505 |
|
26 |
State Telecommunications Internal Service Fund 3,244,413 |
|
27 |
State Automotive Fleet Internal Service Fund 12,510,602 |
|
28 |
Surplus Property Internal Service Fund 3,000 |
|
29 |
Health Insurance Internal Service Fund 251,804,700 |
|
30 |
State Fleet Revolving Loan Fund 273,786 |
|
31 |
Other Post-Employment Benefits Fund 63,852,483 |
|
32 |
Capitol Police Internal Service Fund 1,306,128 |
|
33 |
Corrections Central Distribution Center Internal Service Fund 6,784,478 |
|
34 |
Correctional Industries Internal Service Fund 7,581,704 |
|
|
|
|
1 |
Secretary of State Record Center Internal Service Fund 807,345 |
|
2 |
SECTION 6. Legislative Intent - The General Assembly may provide a written "statement |
|
3 |
of legislative intent" signed by the chairperson of the House Finance Committee and by the |
|
4 |
chairperson of the Senate Finance Committee to show the intended purpose of the appropriations |
|
5 |
contained in Section 1 of this Article. The statement of legislative intent shall be kept on file in the |
|
6 |
House Finance Committee and in the Senate Finance Committee. |
|
7 |
At least twenty (20) days prior to the issuance of a grant or the release of funds, which |
|
8 |
grant or funds are listed on the legislative letter of intent, all department, agency and corporation |
|
9 |
directors, shall notify in writing the chairperson of the House Finance Committee and the |
|
10 |
chairperson of the Senate Finance Committee of the approximate date when the funds are to be |
|
11 |
released or granted. |
|
12 |
SECTION 7. Appropriation of Temporary Disability Insurance Funds -- There is hereby |
|
13 |
appropriated pursuant to sections 28-39-5 and 28-39-8 of the Rhode Island General Laws all funds |
|
14 |
required to be disbursed for the benefit payments from the Temporary Disability Insurance Fund |
|
15 |
and Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 2018. |
|
16 |
SECTION 8. Appropriation of Employment Security Funds -- There is hereby appropriated |
|
17 |
pursuant to section 28-42-19 of the Rhode Island General Laws all funds required to be disbursed |
|
18 |
for benefit payments from the Employment Security Fund for the fiscal year ending June 30, 2018. |
|
19 |
SECTION 9. Appropriation of Lottery Division Funds -- There is hereby appropriated to |
|
20 |
the Lottery Division any funds required to be disbursed by the Lottery Division for the purposes of |
|
21 |
paying commissions or transfers to the prize fund for the fiscal year ending June 30, 2018. |
|
22 |
SECTION 10. Departments and agencies listed below may not exceed the number of full- |
|
23 |
time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do |
|
24 |
not include seasonal or intermittent positions whose scheduled period of employment does not |
|
25 |
exceed twenty-six consecutive weeks or whose scheduled hours do not exceed nine hundred and |
|
26 |
twenty-five (925) hours, excluding overtime, in a one-year period. Nor do they include individuals |
|
27 |
engaged in training, the completion of which is a prerequisite of employment. Provided, however, |
|
28 |
that the Governor or designee, Speaker of the House of Representatives or designee, and the |
|
29 |
President of the Senate or designee may authorize an adjustment to any limitation. Prior to the |
|
30 |
authorization, the State Budget Officer shall make a detailed written recommendation to the |
|
31 |
Governor, the Speaker of the House, and the President of the Senate. A copy of the |
|
32 |
recommendation and authorization to adjust shall be transmitted to the chairman of the House |
|
33 |
Finance Committee, Senate Finance Committee, the House Fiscal Advisor and the Senate Fiscal |
|
34 |
Advisor. |
|
|
|
|
1 |
State employees whose funding is from non-state general revenue funds that are time |
|
2 |
limited shall receive limited term appointment with the term limited to the availability of non-state |
|
3 |
general revenue funding source. |
|
4 |
FY 2018 FTE POSITION AUTHORIZATION |
|
5 |
Departments and Agencies Full-Time Equivalent |
|
6 |
Administration 695.7 |
|
7 |
Business Regulation 100.0 |
|
8 |
Executive Office of Commerce 17.0 |
|
9 |
Labor and Training 428.7 |
|
10 |
Revenue 533.5 |
|
11 |
Legislature 298.5 |
|
12 |
Office of the Lieutenant Governor 8.0 |
|
13 |
Office of the Secretary of State 59.0 |
|
14 |
Office of the General Treasurer 89.0 |
|
15 |
Board of Elections 12.0 |
|
16 |
Rhode Island Ethics Commission 12.0 |
|
17 |
Office of the Governor 45.0 |
|
18 |
Commission for Human Rights 14.5 |
|
19 |
Public Utilities Commission 51.0 |
|
20 |
Office of Health and Human Services 269.0 |
|
21 |
Children, Youth, and Families 616.5 |
|
22 |
Health 493.6 |
|
23 |
Human Services 838.1 |
|
24 |
Behavioral Healthcare, Developmental Disabilities, and Hospitals 1,319.4 |
|
25 |
Office of the Child Advocate 8.0 |
|
26 |
Commission on the Deaf and Hard of Hearing 4.0 |
|
27 |
Governor’s Commission on Disabilities 4.0 |
|
28 |
Office of the Mental Health Advocate 4.0 |
|
29 |
Elementary and Secondary Education 139.1 |
|
30 |
School for the Deaf 60.0 |
|
31 |
Davies Career and Technical School 126.0 |
|
32 |
Office of Postsecondary Commissioner 37.0 |
|
33 |
Provided that 1.0 of the total authorization would be available only for positions that are |
|
34 |
supported by third-party funds. |
|
|
|
|
1 |
University of Rhode Island 2,489.5 |
|
2 |
Provided that 573.8 of the total authorization would be available only for positions that are |
|
3 |
supported by third-party funds. |
|
4 |
Rhode Island College 926.2 |
|
5 |
Provided that 76.0 of the total authorization would be available only for positions that are |
|
6 |
supported by third-party funds. |
|
7 |
Community College of Rhode Island 854.1 |
|
8 |
Provided that 89.0 of the total authorization would be available only for positions that are |
|
9 |
supported by third-party funds. |
|
10 |
Rhode Island State Council on the Arts 8.6 |
|
11 |
RI Atomic Energy Commission 8.6 |
|
12 |
Historical Preservation and Heritage Commission 15.6 |
|
13 |
Office of the Attorney General 235.1 |
|
14 |
Corrections 1,423.0 |
|
15 |
Judicial 723.3 |
|
16 |
Military Staff 92.0 |
|
17 |
Public Safety 610.6 |
|
18 |
Office of the Public Defender 93.0 |
|
19 |
Emergency Management Agency 32.0 |
|
20 |
Environmental Management 401.0 |
|
21 |
Coastal Resources Management Council 29.0 |
|
22 |
Transportation 775.0 |
|
23 |
Total 14,999.2 |
|
24 |
SECTION 11. The amounts reflected in this Article include the appropriation of Rhode |
|
25 |
Island Capital Plan funds for fiscal year 2018 and supersede appropriations provided for FY 2018 |
|
26 |
within Section 11 of Article 1 of Chapter 142 of the P.L. of 2016. |
|
27 |
The following amounts are hereby appropriated out of any money in the State’s Rhode |
|
28 |
Island Capital Plan Fund not otherwise appropriated to be expended during the fiscal years ending |
|
29 |
June 30, 2019, June 30, 2020, June 30, 2021 and June 30, 2022. These amounts supersede |
|
30 |
appropriations provided within Section 11 of Article 1 of Chapter 142 of the P.L. of 2016. For the |
|
31 |
purposes and functions hereinafter mentioned, the State Controller is hereby authorized and |
|
32 |
directed to draw his or her orders upon the General Treasurer for the payment of such sums and |
|
33 |
such portions thereof as may be required by him or her upon receipt of properly authenticated |
|
34 |
vouchers. |
|
35 |
Fiscal Year Fiscal Year Fiscal Year Fiscal Year |
|
36 |
Ending Ending Ending Ending |
|
37 |
Project June 30, 2019 June 30, 2020 June 30, 2021 June 30, 2022 |
|
38 |
DOA – Cannon Building 600,000 350,000 3,500,000 3,500,000 |
|
39 |
DOA – Accessibility Facility Ren. 1,000,000 1,000,000 1,000,000 1,000,000 |
|
40 |
DOA – Pastore Center Rehab 4,000,000 4,000,000 4,000,000 5,000,000 |
|
41 |
DOA – Shepard Building 500,000 2,000,000 2,000,000 0 |
|
42 |
DOA – State House Energy Management |
|
43 |
Improv. 3,000,000 0 0 0 |
|
44 |
DOA – State Office Building 350,000 1,000,000 2,930,000 0 |
|
45 |
DOA – Washington County Govern. Ctr. 1,250,000 1,250,000 750,000 500,000 |
|
46 |
DOA – William Powers Administration 2,000,000 3,000,000 4,000,000 1,000,000 |
|
47 |
DOA – Zambarano Utilities and Infrs. 2,240,000 2,100,000 1,500,000 1,000,000 |
|
48 |
BHDDH – Hospital Reorganization 1,920,000 500,000 0 0 |
|
49 |
DOC – Asset Protection 3,750,000 3,750,000 3,750,000 3,750,000 |
|
50 |
EOC – Quonset Piers 2,000,000 5,000,000 5,000,000 0 |
|
51 |
DLT – Center General Asset Protection 1,000,000 1,650,000 880,000 500,000 |
|
52 |
El SEC – Davies School Asset Protection 150,000 150,000 150,000 |
|
53 |
150,000 |
|
54 |
EL SEC – Davies HVAC 1,974,000 0 0 0 |
|
55 |
EL SEC – Met School Asset Protection 250,000 250,000 250,000 250,000 |
|
56 |
Judicial – Asset Protection 950,000 1,000,000 1,000,000 1,000,000 |
|
57 |
Mil Staff – Joint Force Headquarters |
|
58 |
Building 4,706,152 0 0 0 |
|
59 |
Higher Ed – Asset Protection-CCRI 2,368,035 2,439,076 2,487,857 2,537,615 |
|
60 |
Higher Ed – Knight Campus Renewal 4,000,000 3,000,000 0 0 |
|
61 |
Higher Ed – Asset Protection-RIC 3,562,184 3,669,050 4,150,000 4,233,000 |
|
62 |
Higher Ed – Asset Protection-URI 8,200,000 8,364,000 8,531,280 8,700,000 |
|
63 |
Higher Ed-RIC Infrs.Modernization 4,500,000 3,600,000 3,500,000 3,500,000 |
|
64 |
Higher Ed – Academic Building Phase I - |
|
65 |
Craig Lee, Gaige, Adams Library 6,000,000 0 0 0 |
|
66 |
Higher Ed – Knight Campus Biology and |
|
67 |
Chemistry Lab Renovation 375,000 0 0 0 |
|
|
|
|
1 |
DPS – Asset Protection 250,000 250,000 250,000 250,000 |
|
2 |
DEM – Dam Repairs 1,500,000 1,250,000 1,000,000 1,000,000 |
|
3 |
DEM – Galilee Piers 1,250,000 400,000 400,000 400,000 |
|
4 |
DEM – Recreational Facility Improv. 1,600,000 1,850,000 2,100,000 2,000,000 |
|
5 |
DOT – Highway Improvements 32,451,346 32,451,346 32,451,346 32,451,346 |
|
6 |
DOT – Maintenance – Capital Equip. 2,500,000 2,500,000 2,500,000 2,500,000 |
|
7 |
RIPTA– Pawtucket Bus Hub Transit |
|
8 |
Corridor 946,168 0 0 0 |
|
9 |
RIPTA – Providence Transit |
|
10 |
Connector 1,561,279 0 0 |
|
11 |
SECTION 12. Reappropriation of Funding for Rhode Island Capital Plan Fund Projects. |
|
12 |
– Any unexpended and unencumbered funds from Rhode Island Capital Plan Fund project |
|
13 |
appropriations may be reappropriated in the ensuing fiscal year and made available for the same |
|
14 |
purpose. However, any such reappropriations are subject to final approval by the General Assembly |
|
15 |
as part of the supplemental appropriations act. Any unexpended funds of less than five hundred |
|
16 |
dollars ($500) shall be reappropriated at the discretion of the State Budget Officer. |
|
17 |
SECTION 13. For the Fiscal Year ending June 30, 2018, the Rhode Island Housing and |
|
18 |
Mortgage Finance Corporation shall provide from its resources such sums as appropriate in support |
|
19 |
of the Neighborhood Opportunities Program. The Corporation shall provide a report detailing the |
|
20 |
amount of funding provided to this program, as well as information on the number of units of |
|
21 |
housing provided as a result to the Director of Administration, the Chair of the Housing Resources |
|
22 |
Commission, the Chair of the House Finance Committee, the Chair of the Senate Finance |
|
23 |
Committee and the State Budget Officer. |
|
24 |
SECTION 14. Appropriation of CollegeBound Saver Funds – There is hereby appropriated |
|
25 |
to the Office of the General Treasurer designated funds received under the CollegeBound Saver |
|
26 |
program for transfer to the Division of Higher Education Assistance within the Office of the |
|
27 |
Postsecondary Commissioner to support student financial aid for the fiscal year ending June 30, |
|
28 |
2017. |
|
29 |
SECTION 15. Notwithstanding any provisions of Chapter 12.2 in Title 46 of the Rhode |
|
30 |
Island General Laws, the Rhode Island Infrastructure Bank shall transfer to the State Controller the |
|
31 |
sum of three million five hundred thousand dollars ($3,500,000) by June 30, 2018. |
|
32 |
SECTION 15. Notwithstanding any provisions of Chapter 38 in Title 45 of the Rhode |
|
33 |
Island General Laws, the Rhode Island Health and Educational Building Corporation shall transfer |
|
34 |
to the State Controller the sum of six million dollars ($6,000,000) by June 30, 2018. |
|
|
|
|
1 |
SECTION 16. Notwithstanding any provisions of Chapter 2 in Title 39 of the Rhode Island |
|
2 |
General Laws, the Electric and Gas Distribution Company shall transfer to the State Controller the |
|
3 |
sum of twelve million and five hundred thousand dollars ($12,500,000) by June 30, 2018 from the |
|
4 |
Public Utilities Commission approved 2018 System Reliability and Energy Efficiency and |
|
5 |
Conservation Procurement Programmatic Budget Plan. |
|
6 |
SECTION 17. Quonset Development Corporation. Notwithstanding any provision of |
|
7 |
Chapter 64.1 in Title 42 of the Rhode Island General Laws, the Quonset Development Corporation |
|
8 |
shall transfer to the State Controller the sum of one million dollars ($1,000,000) by June 30, 2018. |
|
9 |
SECTION 18. Rhode Island Housing. Notwithstanding any provision of Chapter 55 in |
|
10 |
Title 42 of the Rhode Island General Laws, the Rhode Island Housing shall transfer to the State |
|
11 |
Controller the sum of one million dollars ($1,000,000) by June 30, 2018. |
|
12 |
SECTION 19. Narraganset Bay Commission. Notwithstanding any provision of Chapter 25 in Title |
|
13 |
46 of the Rhode Island General Laws, the Narragansett Bay Commission shall transfer to the State |
|
14 |
Controller the sum of five million dollars ($5,000,000) by June 30, 2018.SECTION 20. Effective |
|
15 |
for the fiscal year ending June 30, 2018 and each fiscal year thereafter, the Public Utilities |
|
16 |
Commission shall transfer to the State Controller for deposit as a general revenue receipt the sum |
|
17 |
of three hundred thirty-three thousand four hundred twenty dollars ($333,420) for rent on the |
|
18 |
building located at 89 Jefferson Boulevard in Warwick, Rhode Island. |
|
19 |
SECTION 21. This article shall take effect as of July 1, 2017. |
|
|
|
======= |
||
art.002/5/002/4/002/3/002/2/002/1 |
||
======= |
||
1 |
ARTICLE 2 |
|
2 |
RELATING TO ECONOMIC DEVELOPMENT AND TAX CREDITS |
|
3 |
SECTION 1. Sections 42-64.28-2, 42-64.28-3, 42-64.28-4, and 42-64.28-5 of the General |
|
4 |
Laws in Chapter 42-64.28 entitled "Innovation Initiative" are hereby amended to read as follows: |
|
5 |
42-64.28-2 Definitions. |
|
6 |
As used in this chapter: |
|
7 |
(1) "Commerce corporation" means the Rhode Island commerce corporation established |
|
8 |
pursuant to 42-64-1 et seq. |
|
9 |
(2) "Small business" means a business that is resident in Rhode Island, has its business |
|
10 |
facility located within the state, and employs five hundred (500) or fewer persons. |
|
11 |
(3) "Manufacturer" shall mean any entity that: |
|
12 |
(i) Uses any premises within the state primarily for the purpose of transforming raw |
|
13 |
materials into a finished product for trade through any or all of the following operations: adapting, |
|
14 |
altering, finishing, making, processing, refining, metalworking, and ornamenting, but shall not |
|
15 |
include fabricating processes incidental to warehousing or distribution of raw materials, such as |
|
16 |
alteration of stock for the convenience of a customer; or |
|
17 |
(ii) Is described in codes 31-33 of the North American Industry Classification system, as |
|
18 |
revised from time to time. |
|
19 |
(4) "Small business manufacturer" shall mean a business that meets the definitions of terms |
|
20 |
small business and manufacturer as defined herein. |
|
21 |
|
|
22 |
|
|
23 |
industry identified in the economic development vision and policy promulgated pursuant to 42- |
|
24 |
64.17-1 or, until such time as any such economic development vision and policy is promulgated, |
|
25 |
as identified by the commerce corporation. |
|
26 |
42-64.28-3 Programs Established. |
|
27 |
(a) The Rhode Island commerce corporation shall establish a voucher program and an |
|
28 |
innovation network program as provided under this chapter. The programs are subject to available |
|
29 |
appropriations and such other funding as may be dedicated to the programs. |
|
30 |
(b) There is established an account in the name of the "innovation initiative fund" (the |
|
|
|
|
1 |
"fund") under the control of the commerce corporation to fund the programs. |
|
2 |
(1) The fund shall consist of: |
|
3 |
(i) Money appropriated in the state budget to the fund; |
|
4 |
(ii) Money made available to the fund through federal grants, programs or private |
|
5 |
contributions; |
|
6 |
(iii) Application or other fees paid to the fund to process applications for awards under this |
|
7 |
chapter; and |
|
8 |
(iv) Any other money made available to the fund. |
|
9 |
(c) Voucher program. The
commerce corporation is authorized |
|
10 |
an innovation voucher program to provide financing to small businesses to purchase research and |
|
11 |
development support or other forms of technical assistance and services from Rhode Island |
|
12 |
institutions of higher education and other providers and to fund research and development by and |
|
13 |
for small business manufacturers. |
|
14 |
(d) Innovation network program. The commerce corporation is authorized to provide |
|
15 |
innovation grants to organizations, including non-profit organizations, for-profit organizations, |
|
16 |
universities, and co-working space operators that offer technical assistance, space on flexible terms, |
|
17 |
and access to capital to businesses in advanced or targeted industries. The commerce corporation |
|
18 |
shall only issue grants under this subsection when those grants are matched by private sector or |
|
19 |
non-profit partners. The commerce corporation shall establish guidelines for appropriate matching |
|
20 |
criteria under this section, including necessary matching ratios. |
|
21 |
42-64.28-4 Eligible uses. |
|
22 |
(a) Vouchers available under this chapter shall be used for the benefit of small businesses |
|
23 |
to access technical assistance and other services including, but not limited to, research, |
|
24 |
technological development, product development, commercialization, market development, |
|
25 |
technology exploration, and improved business practices that implement strategies to grow |
|
26 |
business and create operational efficiencies. |
|
27 |
(b) Vouchers available under this chapter shall be used to provide funding to finance |
|
28 |
internal research and development by and for small business manufacturers, including, but not |
|
29 |
limited to, research, technological development, product development, commercialization, market |
|
30 |
development, technology exploration, and improved business practices that implement strategies |
|
31 |
to grow business and create operational efficiencies. Subject to appropriation, the commerce |
|
32 |
corporation shall reserve an amount not to exceed fifty percent (50%) of the voucher program's |
|
33 |
annual appropriation to be made available in fiscal year 2018 for vouchers awarded to small |
|
34 |
business manufacturers under this subsection. |
|
|
|
|
1 |
|
|
2 |
designated from time-to-time by the corporation, including without limitation, life science and |
|
3 |
healthcare; food and agriculture; clean technology and energy efficiency; and cyber security to pay |
|
4 |
for and access technological assistance, to procure space on flexible terms, and to access capital |
|
5 |
from organizations, including non-profit organizations, for-profit organizations, universities, and |
|
6 |
co-working space businesses. |
|
7 |
42-64.28-5 Qualification. |
|
8 |
(a)To qualify for a voucher or for a matching fund award under this chapter, a business |
|
9 |
must make application to the commerce corporation, and upon selection, shall enter into an |
|
10 |
agreement with the commerce corporation. The commerce corporation shall have no obligation to |
|
11 |
issue any voucher, make any award or grant any benefits under this chapter. |
|
12 |
(b) In a given tax year, a business shall not receive a voucher or matching fund award |
|
13 |
provided for under this chapter in conjunction with the tax credit provided for in §44-32-3 of the |
|
14 |
general laws. |
|
15 |
SECTION 2. Section 44-33.6-11 of the General Laws in Chapter 44-33.6 entitled "Historic |
|
16 |
Preservation Tax Credits 2013" is hereby amended to read as follows: |
|
17 |
44-33.6-11. Sunset. |
|
18 |
No credits shall be authorized to be reserved pursuant to this chapter on or after June 30, |
|
19 |
|
|
20 |
SECTION 3. Section 1 of this article shall take on July 1, 2017. Section 2 shall take effect |
|
21 |
upon passage. |
|
|
|
======= |
||
art.003/4 |
||
======= |
||
1 |
ARTICLE 3 |
|
2 |
RELATING TO RHODE ISLAND PROMISE SCHOLARSHIP |
|
3 |
SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by |
|
4 |
adding thereto the following chapter: |
|
5 |
CHAPTER 107 |
|
6 |
RHODE ISLAND PROMISE SCHOLARSHIP |
|
7 |
16-107-1. Short title. |
|
8 |
This chapter shall be known and may be cited as the "Rhode Island Promise Scholarship |
|
9 |
Act." |
|
10 |
16-107-2. Legislative findings and purpose. |
|
11 |
(a) The general assembly finds and declares that: |
|
12 |
(1) Education is critical for the state's young people to achieve their dreams and develop |
|
13 |
their talents; |
|
14 |
(2) The state's economic success depends on a highly educated and skilled workforce; and |
|
15 |
(3) The state's future prosperity depends upon its ability to make educational opportunities |
|
16 |
beyond high school available for all students as part of a free public education. |
|
17 |
(b) In order to address the findings set forth in subsection (a), the purpose of this chapter |
|
18 |
is to increase the number of students enrolling in and completing degrees on-time from the |
|
19 |
Community College of Rhode Island. |
|
20 |
16-107-3. Establishment of scholarship program. |
|
21 |
Beginning with the high school graduating class of 2017, it is hereby established the Rhode |
|
22 |
Island Promise scholarship program that will end with the high school graduating class of 2020. |
|
23 |
The general assembly shall annually appropriate the funds necessary to implement the purposes of |
|
24 |
this chapter. Additional funds beyond the scholarships may be appropriated to support and advance |
|
25 |
the Rhode Island Promise scholarship program. In addition to appropriation by the general |
|
26 |
assembly, charitable donations may be accepted into the scholarship program. |
|
27 |
16-107-4. Definitions. |
|
28 |
When used in this chapter, the following terms shall have the following meanings: |
|
29 |
(1) "FAFSA" means the Free Application for Federal Student Aid form; |
|
30 |
(2) "Mandatory fees and tuition" are the costs that every student is required to pay in order |
|
|
|
|
1 |
to enroll in classes, and does not include room and board, textbooks, program fees that may exist |
|
2 |
in some majors, course fees that may exist for some specific courses, meal plans or travel; |
|
3 |
(3) "On track to graduate on time" means the standards determined by the Community |
|
4 |
College of Rhode Island in establishing the expectation of a student to graduate with an associate's |
|
5 |
degree within two (2) years of enrollment (recognizing that some students, including students who |
|
6 |
require developmental education, are double majors, or are enrolled in certain professional |
|
7 |
programs may require an extended time period for degree completion); |
|
8 |
(4) "Scholarship program" means the Rhode Island Promise scholarship program that is |
|
9 |
established pursuant to §16-107-3; |
|
10 |
(5) "Recipient-student" means a student attending the Community College of Rhode Island |
|
11 |
who qualifies to receive the Rhode Island promise scholarship pursuant to §16-107-6; and |
|
12 |
(6) "State" means the State of Rhode Island and Providence Plantations. |
|
13 |
16-107-5. Administration of scholarship program. |
|
14 |
(a) The financial aid office in conjunction with the office of enrollment management, or |
|
15 |
their respective equivalent offices, at the Community College of Rhode Island, shall administer the |
|
16 |
scholarship program for state residents seeking associate degrees who meet the eligibility |
|
17 |
requirements in this chapter. |
|
18 |
(b) An award of the scholarship program shall cover the cost of two (2) years of tuition and |
|
19 |
mandatory fees less federal and all other financial aid monies available to the recipient-student. |
|
20 |
(c) The scholarship program is limited to one award per student as required by §16-107- |
|
21 |
6(a)(7). |
|
22 |
16-107-6. Eligibility for scholarship. |
|
23 |
(a) Beginning with the students who enroll at the Community College of Rhode Island in |
|
24 |
fall of 2017 and ending with students who enroll at the Community College of Rhode Island in the |
|
25 |
fall of 2020, to be considered for the scholarship, a student: |
|
26 |
(1) Must qualify for in-state tuition and fees pursuant to the Residency Policy adopted by |
|
27 |
the Council on Postsecondary Education, as amended, supplemented, restated or otherwise |
|
28 |
modified from time to time ("residency policy"); provided, that, the student must have satisfied the |
|
29 |
high school graduation/equivalency diploma condition prior to reaching nineteen (19) years of age; |
|
30 |
provided, further, that in addition to the option of meeting the requirement by receiving a high |
|
31 |
school equivalency diploma as described in the residency policy, the student can satisfy the |
|
32 |
condition by receiving other certificates or documents of equivalent nature from the state or its |
|
33 |
municipalities as recognized by applicable regulations promulgated by the Council on Elementary |
|
34 |
and Secondary Education; |
|
|
|
|
1 |
(2) Must be admitted to, and must enroll and attend the institution on a full-time basis by |
|
2 |
the semester immediately following high school graduation or the semester immediately following |
|
3 |
receipt of a high school equivalency diploma; or |
|
4 |
(3) Must complete the FAFSA and any required FAFSA verification by the deadline |
|
5 |
prescribed by the Community College of Rhode Island for each year in which the student seeks to |
|
6 |
receive funding under the scholarship program; |
|
7 |
(4) Must continue to be enrolled on a full-time basis; |
|
8 |
(5) Must maintain an average annual cumulative grade point average (GPA) of 2.5 or |
|
9 |
greater, as determined by the Community College of Rhode Island; |
|
10 |
(6) Must remain on track to graduate on time as determined by the Community College of |
|
11 |
Rhode Island; |
|
12 |
(7) Must not have already received an award under this scholarship program; and |
|
13 |
(8) Must commit to live, work, or continue their education in Rhode Island after graduation. |
|
14 |
The Community College of Rhode Island shall develop a policy that will secure this commitment |
|
15 |
from recipient-students. |
|
16 |
(b) Notwithstanding the eligibility requirements under §§16-107-6(a) ("specified |
|
17 |
conditions"): |
|
18 |
(i) In the case of a recipient-student who has an approved medical or personal leave of |
|
19 |
absence or is unable to satisfy one or more specified conditions because of the student's medical or |
|
20 |
personal circumstances, the student may continue to receive an award under the scholarship |
|
21 |
program upon resuming the student's education so long as the student continues to meet all other |
|
22 |
applicable eligibility requirements; and |
|
23 |
(ii) In the case of a recipient-student who is a member of the national guard or a member |
|
24 |
of a reserve unit of a branch of the United State military and is unable to satisfy one or more |
|
25 |
specified conditions because the student is or will be in basic or special military training, or is or |
|
26 |
will be participating in a deployment of the student's guard or reserve unit, the student may continue |
|
27 |
to receive an award under the scholarship program upon completion of the student's basic or special |
|
28 |
military training or deployment. |
|
29 |
16-107-7. Reporting and disbursement. |
|
30 |
(a) On or before November 10 and May 10 of each fiscal year following fiscal year 2017, |
|
31 |
the Community College of Rhode Island shall submit a report to the Director of the Office of |
|
32 |
Management and Budget, the State Budget Officer, the House Fiscal Advisor, the Senate Fiscal |
|
33 |
Advisor, the Commissioner of Postsecondary Education, and the chair of the Council on |
|
34 |
Postsecondary Education detailing the number of students eligible to participate in the scholarship |
|
|
|
|
1 |
program, the amount of federal and Institutional financial aid anticipated to be received by |
|
2 |
recipient-students, the aggregate tuition and mandatory fee costs attributable to recipient-students, |
|
3 |
and the resulting total cost of the scholarship program to the state. The report shall contain such |
|
4 |
data for both the current fiscal year and the most up-to-date forecast for the following fiscal year. |
|
5 |
Data reported shall be subdivided by student year cohort and shall be accompanied by a written |
|
6 |
explanation detailing the estimating methodology utilized and any impact(s) the forecasted data |
|
7 |
may present to institutional capacity, operational costs, and the tuition/fee revenue base of the |
|
8 |
institution. |
|
9 |
(b) On or before July 1, 2020, the Community College of Rhode Island and the |
|
10 |
Commissioner of Postsecondary Education shall submit a report evaluating the program based on |
|
11 |
the first two cohorts to the governor, speaker of the house, and the president of the senate. This |
|
12 |
evaluation shall include the following: |
|
13 |
(1) The number of students who started in each cohort; |
|
14 |
(2) The number of students in each cohort who have attained a degree or certification in an |
|
15 |
on-time manner; |
|
16 |
(3) The number of students in each cohort who have not attained a degree or certification |
|
17 |
in an on-time manner; and an analysis of why that has happened; |
|
18 |
(4) The number of students in each cohort who began the program but have been unable to |
|
19 |
continue or complete the program, and an analysis of why that has happened; |
|
20 |
(5) The costs of the program and the costs of continuing the program; |
|
21 |
(6) Suggestions for ways to increase the success of the program; |
|
22 |
(7) Recommendations as to modifying, continuing, expanding, curtailing, or discontinuing |
|
23 |
the program; and |
|
24 |
(8) Any such other recommendations or information as the Community College of Rhode |
|
25 |
Island and the Commissioner of Postsecondary Education deem appropriate to include in the |
|
26 |
evaluation. |
|
27 |
(c) The Office of Management and Budget, in consultation with the Office of the |
|
28 |
Postsecondary Commissioner, shall oversee the apportionment and disbursement of all funds |
|
29 |
appropriated for the purpose of the scholarship program. |
|
30 |
16-107-8. Rules and procedures. |
|
31 |
The Council on Postsecondary Education is hereby authorized to promulgate rules to |
|
32 |
effectuate the purposes of this chapter and the Community College of Rhode Island shall establish |
|
33 |
appeal procedures for the award, denial or revocation of funding under the scholarship program. |
|
34 |
The rules shall be promulgated in accordance with §16-59-4. |
|
|
|
|
1 |
SECTION 2. Section 16-59-9 of the General Laws in Chapter 16-59 entitled "Board of |
|
2 |
Governors for Higher Education [See Title 16 Chapter 97 - The Rhode Island Board of Education |
|
3 |
Act]" is hereby amended to read as follows: |
|
4 |
16-59-9. Educational budget and appropriations. |
|
5 |
(a) The general assembly shall annually appropriate any sums it deems necessary for |
|
6 |
support and maintenance of higher education in the state and the state controller is authorized and |
|
7 |
directed to draw his or her orders upon the general treasurer for the payment of the appropriations |
|
8 |
or so much of the sums that are necessary for the purposes appropriated, upon the receipt by him |
|
9 |
or her of proper vouchers as the council on postsecondary education may by rule provide. The |
|
10 |
council shall receive, review, and adjust the budget for the office of postsecondary commissioner |
|
11 |
and present the budget as part of the budget for higher education under the requirements of § 35-3- |
|
12 |
4. |
|
13 |
(b) The office of postsecondary commissioner and the institutions of public higher |
|
14 |
education shall establish working capital accounts. |
|
15 |
(c) Any tuition or fee increase schedules in effect for the institutions of public higher |
|
16 |
education shall be received by the council on postsecondary education for allocation for the fiscal |
|
17 |
year for which state appropriations are made to the council by the general assembly; provided that |
|
18 |
no further increases may be made by the board of education or the council on postsecondary |
|
19 |
education for the year for which appropriations are made. Except that these provisions shall not |
|
20 |
apply to the revenues of housing, dining, and other auxiliary facilities at the University of Rhode |
|
21 |
Island, Rhode Island College, and the Community Colleges including student fees as described in |
|
22 |
P.L. 1962, ch. 257 pledged to secure indebtedness issued at any time pursuant to P.L. 1962, ch. 257 |
|
23 |
as amended. |
|
24 |
(d) All housing, dining, and other auxiliary facilities at all public institutions of higher |
|
25 |
learning shall be self-supporting and no funds shall be appropriated by the general assembly to pay |
|
26 |
operating expenses, including principal and interest on debt services, and overhead expenses for |
|
27 |
the facilities, with the exception of the mandatory fees covered by the Rhode Island Promise |
|
28 |
Scholarship Program as established by §16-107-3. Any debt-service costs on general obligation |
|
29 |
bonds presented to the voters in November 2000 and November 2004 or appropriated funds from |
|
30 |
the Rhode Island capital plan for the housing auxiliaries at the University of Rhode Island and |
|
31 |
Rhode Island College shall not be subject to this self-supporting requirement in order to provide |
|
32 |
funds for the building construction and rehabilitation program. The institutions of public higher |
|
33 |
education will establish policies and procedures that enhance the opportunity for auxiliary facilities |
|
34 |
to be self-supporting, including that all faculty provide timely and accurate copies of booklist for |
|
|
|
|
1 |
required textbooks to the public higher educational institution's bookstore. |
|
2 |
(e) The additional costs to achieve self-supporting status shall be by the implementation of |
|
3 |
a fee schedule of all housing, dining, and other auxiliary facilities, including but not limited to, |
|
4 |
operating expenses, principal, and interest on debt services, and overhead expenses. |
|
5 |
(f) The board of education is authorized to establish a restricted-receipt account for the |
|
6 |
Westerly Higher Education and Industry Center (also known as the Westerly Job Skills Center or |
|
7 |
Westerly Higher Education Learning Center) and to collect lease payments from occupying |
|
8 |
companies, and fees from room and service rentals, to support the operation and maintenance of |
|
9 |
the facility. All such revenues shall be deposited to the restricted-receipt account. |
|
10 |
SECTION 3. This article shall take effect upon passage. |
|
|
|
======= |
||
art.004/7/004/6/004/5/004/4/004/3/004/2/004/1 |
||
======= |
||
1 |
ARTICLE 4 |
|
2 |
RELATING TO MOTOR VEHICLES |
|
3 |
SECTION 1. Chapter 31-2 of the General Laws entitled “Division of Motor Vehicles” is |
|
4 |
hereby amended by adding thereto the following section: |
|
5 |
31-2-27. Technology surcharge fee. |
|
6 |
(a) The division of motor vehicles shall collect a technology surcharge fee of one dollar |
|
7 |
and fifty cents ($1.50) per transaction for every division of motor vehicles fee transaction, except |
|
8 |
as otherwise provided by law. All technology surcharge fees collected pursuant to this section shall |
|
9 |
be deposited into the information technology investment fund established pursuant to §42-11-2.5 |
|
10 |
and shall be used for project-related payments and/or ongoing maintenance of and enhancements |
|
11 |
to the division of motor vehicles’ computer system and to reimburse the information technology |
|
12 |
investment fund for advances made to cover project-related payments. |
|
13 |
(b) Authorization to collect the technology surcharge fee provided for in subsection (a) |
|
14 |
shall sunset and expire on June 30, 2022. |
|
15 |
SECTION 2. Section 31-3-33 of the General Laws in Chapter 31-3 entitled “Registration |
|
16 |
of Vehicles” is hereby amended to read as follows: |
|
17 |
31-3-33. Renewal of registration. |
|
18 |
(a) Application for renewal of a vehicle registration shall be made by the owner on a proper |
|
19 |
application form and by payment of the registration fee for the vehicle as provided by law. |
|
20 |
(b) The division of motor vehicles may receive applications for renewal of registration, and |
|
21 |
may grant the renewal and issue new registration cards and plates at any time prior to expiration of |
|
22 |
registration. |
|
23 |
(c) Upon renewal, owners will be issued a renewal sticker for each registration plate that |
|
24 |
shall be placed at the bottom, right-hand corner of the plate. Owners shall be issued a new, fully |
|
25 |
reflective plate beginning |
|
26 |
renewal of an existing registration and reissuance will be conducted no less than every ten (10) |
|
27 |
years. |
|
28 |
SECTION 3. Section 31-6-1 of the General Laws in Chapter 31-6 entitled "Registration |
|
29 |
Fees" is hereby amended to read as follows: |
|
30 |
31-6-1. Amount of registration and miscellaneous fees. [Effective July 1, 2017.] |
|
|
|
|
1 |
(a) The following registration fees shall be paid to the division of motor vehicles for the |
|
2 |
registration of motor vehicles, trailers, semi-trailers, and school buses subject to registration for |
|
3 |
each year of registration: |
|
4 |
(1) For the registration of every automobile, when equipped with pneumatic tires, the gross |
|
5 |
weight of which is not more than four thousand pounds (4,000 lbs.): thirty dollars ($30.00). |
|
6 |
(2) For the registration of every automobile, when equipped with pneumatic tires, the gross |
|
7 |
weight of which is: |
|
8 |
(i) More than four thousand pounds (4,000 lbs.), but not more than five thousand pounds |
|
9 |
(5,000 lbs.): forty dollars ($40.00); |
|
10 |
(ii) More than five thousand pounds (5,000 lbs.), but not more than six thousand pounds |
|
11 |
(6,000 lbs.): forty-eight dollars ($48.00); |
|
12 |
(iii) More than six thousand pounds (6,000 lbs.), but not more than seven thousand pounds |
|
13 |
(7,000 lbs.): fifty-six dollars ($56.00); |
|
14 |
(iv) More than seven thousand pounds (7,000 lbs.), but not more than eight thousand |
|
15 |
pounds (8,000 lbs.): sixty-four dollars ($64.00); |
|
16 |
(v) More than eight thousand pounds (8,000 lbs.), but not more than nine thousand pounds |
|
17 |
(9,000 lbs.): seventy dollars ($70.00); |
|
18 |
(vi) More than nine thousand pounds (9,000 lbs.), but not more than ten thousand pounds |
|
19 |
(10,000 lbs.): seventy-eight dollars ($78.00); |
|
20 |
(vii) More than ten thousand pounds (10,000 lbs.), but not more than twelve thousand |
|
21 |
pounds (12,000 lbs.): one hundred six dollars ($106); |
|
22 |
(viii) More than twelve thousand pounds (12,000 lbs.), but not more than fourteen thousand |
|
23 |
pounds (14,000 lbs.): one hundred twenty-four dollars ($124); |
|
24 |
(ix) More than fourteen thousand pounds (14,000 lbs.), but not more than sixteen thousand |
|
25 |
pounds (16,000 lbs.): one hundred forty dollars ($140); |
|
26 |
(x) More than sixteen thousand pounds (16,000 lbs.), but not more than eighteen thousand |
|
27 |
pounds (18,000 lbs.): one hundred fifty-eight dollars ($158); |
|
28 |
(xi) More than eighteen thousand pounds (18,000 lbs.), but not more than twenty thousand |
|
29 |
pounds (20,000 lbs.): one hundred seventy-six dollars ($176); |
|
30 |
(xii) More than twenty thousand pounds (20,000 lbs.), but not more than twenty-two |
|
31 |
thousand pounds (22,000 lbs.): one hundred ninety-four dollars ($194); |
|
32 |
(xiii) More than twenty-two thousand pounds (22,000 lbs.), but not more than twenty-four |
|
33 |
thousand pounds (24,000 lbs.): two hundred ten dollars ($210); |
|
34 |
(xiv) More than twenty-four thousand pounds (24,000 lbs.), but not more than twenty-six |
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thousand pounds (26,000 lbs.): two hundred thirty dollars ($230); |
|
2 |
(xv) More than twenty-six thousand pounds (26,000 lbs.), but not more than twenty-eight |
|
3 |
thousand pounds (28,000 lbs.): two hundred ninety-six dollars ($296); |
|
4 |
(xvi) More than twenty-eight thousand pounds (28,000 lbs.), but not more than thirty |
|
5 |
thousand pounds (30,000 lbs.): three hundred sixteen dollars ($316); |
|
6 |
(xvii) More than thirty thousand pounds (30,000 lbs.), but not more than thirty-two |
|
7 |
thousand pounds (32,000 lbs.): four hundred and twenty-two dollars ($422); |
|
8 |
(xviii) More than thirty-two thousand pounds (32,000 lbs.), but not more than thirty-four |
|
9 |
thousand pounds (34,000 lbs.): four hundred and forty-eight dollars ($448); |
|
10 |
(xix) More than thirty-four thousand pounds (34,000 lbs.), but not more than thirty-six |
|
11 |
thousand pounds (36,000 lbs.): four hundred and seventy-six dollars ($476); |
|
12 |
(xx) More than thirty-six thousand pounds (36,000 lbs.), but not more than thirty-eight |
|
13 |
thousand pounds (38,000 lbs.): five hundred and two dollars ($502); |
|
14 |
(xxi) More than thirty-eight thousand pounds (38,000 lbs.), but not more than forty |
|
15 |
thousand pounds (40,000 lbs.): five hundred and twenty-eight dollars ($528); |
|
16 |
(xxii) More than forty thousand pounds (40,000 lbs.), but not more than forty-two thousand |
|
17 |
pounds (42,000 lbs.): five hundred and fifty-four dollars ($554); |
|
18 |
(xxiii) More than forty-two thousand pounds (42,000 lbs.), but not more than forty-six |
|
19 |
thousand pounds (46,000 lbs.): six hundred and eight dollars ($608); |
|
20 |
(xxiv) More than forty-six thousand pounds (46,000 lbs.), but not more than fifty thousand |
|
21 |
pounds (50,000 lbs.): six hundred and sixty dollars ($660); |
|
22 |
(xxv) More than fifty thousand pounds (50,000 lbs.), but not more than fifty-four thousand |
|
23 |
pounds (54,000 lbs.): seven hundred and twelve dollars ($712); |
|
24 |
(xxvi) More than fifty-four thousand pounds (54,000 lbs.), but not more than fifty-eight |
|
25 |
thousand pounds (58,000 lbs.): seven hundred and sixty-eight dollars ($768); |
|
26 |
(xxvii) More than fifty-eight thousand pounds (58,000 lbs.), but not more than sixty-two |
|
27 |
thousand pounds (62,000 lbs.): eight hundred and sixteen dollars ($816); |
|
28 |
(xxviii) More than sixty-two thousand pounds (62,000 lbs.), but not more than sixty-six |
|
29 |
thousand pounds (66,000 lbs.): eight hundred and seventy-six dollars ($876); |
|
30 |
(xxix) More than sixty-six thousand pounds (66,000 lbs.), but not more than seventy |
|
31 |
thousand pounds (70,000 lbs.): nine hundred and twenty-four dollars ($924); |
|
32 |
(xxx) More than seventy thousand pounds (70,000 lbs.), but not more than seventy-four |
|
33 |
thousand pounds (74,000 lbs.): nine hundred and seventy-two dollars ($972); |
|
34 |
(xxxi) Over seventy-four thousand pounds (74,000 lbs.): nine hundred and seventy-two |
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1 |
dollars ($972), plus twenty-four dollars ($24.00) per two thousand pounds (2,000 lbs.) gross |
|
2 |
weight. |
|
3 |
(3) For the registration of every semi-trailer to be used with a truck-tractor, as defined in § |
|
4 |
31-1-4(d), shall be as follows: an annual fee of twelve dollars ($12.00) for a one-year registration; |
|
5 |
for multi-year registrations the fee of fifty dollars ($50.00) for a five-year (5) registration; and |
|
6 |
eighty dollars ($80.00) for an eight-year (8) registration. However, when in use, the weight of the |
|
7 |
resulting semi-trailer unit and its maximum carrying capacity shall not exceed the gross weight of |
|
8 |
the original semi-trailer unit from which the gross weight of the tractor was determined. A |
|
9 |
registration certificate and registration plate shall be issued for each semi-trailer so registered. |
|
10 |
There shall be no refund of payment of such fee, except that when a plate is returned prior to ninety |
|
11 |
(90) days before the effective date of that year's registration, the pro rate amount, based on the |
|
12 |
unused portion of the multi-year registration plate period at time of surrender, shall be refunded. A |
|
13 |
multi-year semi-trailer registration may be transferred to another semi-trailer subject to the |
|
14 |
provisions and fee set forth in § 31-6-11. Thirty percent (30%) of the semi-trailer registration fee |
|
15 |
shall be retained by the division of motor vehicles to defray the costs of implementation of the |
|
16 |
international registration plan (IRP) and fleet registration section. |
|
17 |
(4) For the registration of every automobile, when equipped with other than pneumatic |
|
18 |
tires, there shall be added to the above gross weight fees a charge of ten cents (10¢) for each one |
|
19 |
hundred pounds (100 lbs.) of gross weight. |
|
20 |
(5) For the registration of every public bus, the rates provided for motor vehicles for hire |
|
21 |
plus two dollars ($2.00) for each passenger that bus is rated to carry, the rating to be determined by |
|
22 |
the administrator of the division of motor vehicles. |
|
23 |
(6) For the registration of every motorcycle, or motor-driven cycle, thirteen dollars |
|
24 |
($13.00). Three dollars ($3.00) from that sum shall be turned over to the department of education |
|
25 |
to assist in the payment of the cost of the motorcycle driver's education program as enumerated in |
|
26 |
§ 31-10.1-1.1. |
|
27 |
(7) For the registration of every trailer, not including semi-trailers used with a truck-tractor |
|
28 |
as defined in § 31-1-4(d), with a gross weight of three thousand pounds (3,000 lbs.) or less, five |
|
29 |
dollars ($5.00). Trailers with a gross weight of more than three thousand pounds (3,000 lbs.) shall |
|
30 |
be assessed a registration fee of one dollar and fifty cents ($1.50) per thousand pounds (1,000 lbs.). |
|
31 |
(8) The annual registration fee for a motor vehicle, commonly described as a boxcar and/or |
|
32 |
locomotive, and used only by La Societe Des 40 Hommes et 8 Chevaux for civic demonstration, |
|
33 |
parades, convention purposes, or social welfare work, shall be two dollars ($2.00). |
|
34 |
(9) For the registration of every motor vehicle, trailer, or semi-trailer owned by any |
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1 |
department or agency of any city or town or district, provided the name of the city or town or |
|
2 |
district or state department or agency owning the same shall be plainly printed on two (2) sides of |
|
3 |
the vehicle, two dollars ($2.00). |
|
4 |
(10) For the registration of motor vehicles used for racing, fifteen dollars ($15.00). |
|
5 |
(11) For every duplicate registration certificate, seventeen dollars ($17.00). |
|
6 |
(12) For every certified copy of a registration certificate or application, ten dollars ($10.00). |
|
7 |
(13) For every certificate assigning a special identification number or mark as provided in |
|
8 |
§ 31-3-37, one dollar ($1.00). |
|
9 |
(14) For every replacement of number plates or additional pair of number plates, without |
|
10 |
changing the number, thirty dollars ($30.00). |
|
11 |
(15) For the registration of every farm vehicle, used in farming as provided in § 31-3-31: |
|
12 |
ten dollars ($10.00). |
|
13 |
(16) For the registration of antique motor vehicles, five dollars ($5.00). |
|
14 |
(17) For the registration of a suburban vehicle, when used as a pleasure vehicle and the |
|
15 |
gross weight of which is not more than four thousand pounds (4,000 lbs.), the same rates as charged |
|
16 |
in subdivision (1) of this subsection shall be applicable and when used as a commercial vehicle and |
|
17 |
the gross weight of which is not more than four thousand pounds (4,000 lbs.), the same rates as |
|
18 |
provided in subdivision (2) of this subsection shall be applicable. The rates in subdivision (3) of |
|
19 |
this subsection shall be applicable when the suburban vehicle has a gross weight of more than four |
|
20 |
thousand pounds (4,000 lbs.), regardless of the use of the vehicle. |
|
21 |
(18) For the registration of every motor bus that is used exclusively under contract with a |
|
22 |
political subdivision or school district of the state for the transportation of school children, twenty- |
|
23 |
five dollars ($25); provided that the motor bus may also be used for the transportation of persons |
|
24 |
to and from church and Sunday school services, and for the transportation of children to and from |
|
25 |
educational or recreational projects sponsored by a city or town or by any association or |
|
26 |
organization supported wholly or in part by public or private donations for charitable purposes, |
|
27 |
without the payment of additional registration fee. |
|
28 |
(19) For the registration of every motorized bicycle, ten dollars ($10.00). |
|
29 |
(20) For the registration of every motorized tricycle, ten dollars ($10.00). |
|
30 |
(21) For the replacement of number plates with a number change, twenty dollars ($20.00). |
|
31 |
(22) For the initial issuance and each reissuance of fully reflective plates, as required by §§ |
|
32 |
31-3-10 and 31-3-32, an additional six dollars ($6.00). |
|
33 |
(23) For the issuance of a trip permit under the International Registration Plan, twenty-five |
|
34 |
dollars ($25.00) per vehicle. The division of motor vehicles is authorized to issue seventy-two-hour |
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1 |
(72) trip permits for vehicles required to be registered in the International Registration Plan that |
|
2 |
have not been apportioned with the state of Rhode Island. |
|
3 |
(24) For the issuance of a hunter's permit under the International Registration Plan, twenty- |
|
4 |
five dollars ($25.00) per vehicle. The division of motor vehicles is authorized to issue hunter's |
|
5 |
permits for motor vehicles based in the state of Rhode Island and otherwise required to be registered |
|
6 |
in the International Registration Plan. These permits are valid for thirty (30) days. |
|
7 |
(25) For the registration of a specially adapted motor vehicle necessary to transport a family |
|
8 |
member with a disability for personal, noncommercial use, a fee of thirty dollars ($30.00) assessed. |
|
9 |
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12 |
SECTION 4. Section 31-6-1.1 of the General Laws in Chapter 31-6 entitled "Registration |
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13 |
Fees" is hereby repealed. |
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4 |
SECTION 5. Section 39-18.1-4 of the General Laws in Chapter 39-18.1 entitled |
|
5 |
"Transportation Investment and Debt Reduction Act of 2011" is hereby amended to read as follows: |
|
6 |
39-18.1-4. Rhode Island highway maintenance account created. |
|
7 |
(a) There is hereby created a special account in the intermodal surface transportation fund |
|
8 |
as established in section 31-36-20 that is to be known as the Rhode Island highway maintenance |
|
9 |
account. (b) The fund shall consist of all those moneys which the state may from time to time |
|
10 |
direct to the fund, including, not necessarily limited to, moneys derived from the following sources: |
|
11 |
(1) There is imposed a surcharge of thirty dollars ($30.00) per vehicle or truck, other than those |
|
12 |
with specific registrations set forth below in subsection (b)(1)(i). Such surcharge shall be paid by |
|
13 |
each vehicle or truck owner in order to register that owner's vehicle or truck and upon each |
|
14 |
subsequent biennial registration. This surcharge shall be phased in at the rate of ten dollars ($10.00) |
|
15 |
each year. The total surcharge will be ten dollars ($10.00) from July 1, 2013 through June 30, 2014, |
|
16 |
twenty dollars ($20.00) from July 1, 2014 through June 30, 2015, and thirty dollars ($30.00) from |
|
17 |
July 1, 2015 through June 30, 2016 and each year thereafter. (i) For owners of vehicles or trucks |
|
18 |
with the following plate types, the surcharge shall be as set forth below and shall be paid in full in |
|
19 |
order to register the vehicle or truck and upon each subsequent renewal: |
|
20 |
Plate Type Surcharge |
|
21 |
Antique $5.00 |
|
22 |
Farm $10.00 |
|
23 |
Motorcycle $13.00 |
|
24 |
(ii) For owners of trailers, the surcharge shall be one-half (1/2) of the biennial registration |
|
25 |
amount and shall be paid in full in order to register the trailer and upon each subsequent renewal. |
|
26 |
(2) There is imposed a surcharge of fifteen dollars ($15.00) per vehicle or truck, other than those |
|
27 |
with specific registrations set forth in subsection (b)(2)(i) below, for those vehicles or trucks subject |
|
28 |
to annual registration, to be paid annually by each vehicle or truck owner in order to register that |
|
29 |
owner's vehicle, trailer or truck and upon each subsequent annual registration. This surcharge will |
|
30 |
be phased in at the rate of five dollars ($5.00) each year. The total surcharge will be five dollars |
|
31 |
($5.00) from July 1, 2013 through June 30, 2014, ten dollars ($10.00) from July 1, 2014 through |
|
32 |
June 30, 2015, and fifteen dollars ($15.00) from July 1, 2015 through June 30, 2016 and each year |
|
33 |
thereafter. |
|
34 |
(i) For registrations of the following plate types, the surcharge shall be as set forth below |
|
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|
1 |
and shall be paid in full in order to register the plate, and upon each subsequent renewal: |
|
2 |
Plate Type Surcharge |
|
3 |
Boat Dealer $6.25 |
|
4 |
Cycle Dealer $6.25 |
|
5 |
In-transit $5.00 |
|
6 |
Manufacturer $5.00 |
|
7 |
New Car Dealer $5.00 |
|
8 |
Used Car Dealer $5.00 |
|
9 |
Racer Tow $5.00 |
|
10 |
Transporter $5.00 |
|
11 |
Bailee $5.00 |
|
12 |
(ii) For owners of trailers, the surcharge shall be one-half (1/2) of the annual registration |
|
13 |
amount and shall be paid in full in order to register the trailer and upon each subsequent renewal. |
|
14 |
(iii) For owners of school buses, the surcharge will be phased in at the rate of six dollars |
|
15 |
and twenty-five cents ($6.25) each year. The total surcharge will be six dollars and twenty-five |
|
16 |
cents ($6.25) from July 1, 2013 through June 30, 2014 and twelve dollars and fifty cents ($12.50) |
|
17 |
from July 1, 2014 through June 30, 2015 and each year thereafter. |
|
18 |
(3) There is imposed a surcharge of thirty dollars ($30.00) per license to operate a motor |
|
19 |
vehicle to be paid every five (5) years by each licensed operator of a motor vehicle. This surcharge |
|
20 |
will be phased in at the rate of ten dollars ($10.00) each year. The total surcharge will be ten dollars |
|
21 |
($10.00) from July 1, 2013 through June 30, 2014, twenty dollars ($20.00) from July 1, 2014 |
|
22 |
through June 30, 2015, and thirty dollars ($30.00) from July 1, 2015 through June 30, 2016 and |
|
23 |
each year thereafter. In the event that a license is issued or renewed for a period of less than five |
|
24 |
(5) years, the surcharge will be prorated according to the period of time the license will be valid. |
|
25 |
(c) All funds collected pursuant to this section shall be deposited in the Rhode Island |
|
26 |
highway maintenance account and shall be used only for the purposes set forth in this chapter. |
|
27 |
(d) Unexpended balances and any earnings thereon shall not revert to the general fund but |
|
28 |
shall remain in the Rhode Island highway maintenance account. There shall be no requirement that |
|
29 |
monies received into the Rhode Island highway maintenance account during any given calendar |
|
30 |
year or fiscal year be expended during the same calendar year or fiscal year. |
|
31 |
(e) The Rhode Island highway maintenance account shall be administered by the director, |
|
32 |
who shall allocate and spend monies from the fund only in accordance with the purposes and |
|
33 |
procedures set forth in this chapter. |
|
34 |
(4) All fees assessed pursuant to § 31-47.1-11, and chapters 3, 6, 10, and 10.1 of title 31 |
|
|
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|
1 |
shall be deposited into the Rhode Island highway maintenance account, provided that for fiscal |
|
2 |
years 2016, 2017 and 2018 these fees be transferred as follows: |
|
3 |
(i) From July 1, 2015 through June 30, 2016, twenty-five percent (25%) will be deposited; |
|
4 |
(ii) From July 1, 2016 through
June 30, 2017, |
|
5 |
(50%) will be deposited; and |
|
6 |
(iii) From July 1, 2017 |
|
7 |
(80%) will be deposited; |
|
8 |
(iv) From July 1, 2018, and each year thereafter, one hundred percent (100%) will be |
|
9 |
deposited; |
|
10 |
(5) All remaining funds from previous general obligation bond issues that have not |
|
11 |
otherwise been allocated. |
|
12 |
SECTION 6. Section 39-18.1-5 of the General Laws in Chapter 39-18.1 entitled |
|
13 |
"Transportation Investment and Debt Reduction Act of 2011" is hereby amended to read as follows: |
|
14 |
39-18.1-5. Allocation of funds. |
|
15 |
(a) The monies in the highway maintenance fund to be directed to the department of |
|
16 |
transportation pursuant to subdivision (a)(1) of this section shall be allocated through the |
|
17 |
transportation improvement program process to provide the state match for federal transportation |
|
18 |
funds, in place of borrowing, as approved by the state planning council. The expenditure of moneys |
|
19 |
in the highway maintenance fund shall only be authorized for projects that appear in the state's |
|
20 |
transportation improvement program. |
|
21 |
(b) Provided however, that beginning with fiscal year 2015 and annually thereafter, the |
|
22 |
department of transportation will allocate necessary funding to programs that are designed to |
|
23 |
eliminate structural deficiencies of the state's bridge, road and maintenance systems and |
|
24 |
infrastructure. |
|
25 |
(c) Provided further that beginning July 1, 2015, five percent (5%) of available proceeds |
|
26 |
in the Rhode Island highway maintenance account shall be allocated annually to the Rhode Island |
|
27 |
public transit authority for operating expenditures. |
|
28 |
(d) Provided further that from July 1, 2017 through June 30, 2019, in addition to the amount |
|
29 |
above, the Rhode Island public transit authority shall receive an amount of not less than five million |
|
30 |
dollars ($5,000,000) each fiscal year. |
|
31 |
(e) Provided further that the Rhode Island public transit authority shall convene a |
|
32 |
coordinating council consisting of those state agencies responsible for meeting the needs of low- |
|
33 |
income senior and persons with disabilities, along with those stakeholders that the authority deems |
|
34 |
appropriate and are necessary to inform, develop, and implement the federally-required |
|
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|
1 |
Coordinated Public Transit Human Services Transportation Plan. |
|
2 |
The council shall develop, as part of the state's federally-required plan, recommendations |
|
3 |
for the appropriate and sustainable funding of the free-fare program for low-income seniors and |
|
4 |
persons with disabilities, while maximizing the use of federal funds available to support the |
|
5 |
transportation needs of this population. |
|
6 |
The council shall report these recommendations to the Governor, the Speaker of the House |
|
7 |
of Representatives, and the President of the Senate, no later than November 1, 2018. |
|
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SECTION 7. Section 4 of this article shall take upon passage. The remainder of this article |
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shall take effect as of July 1, 2017. |
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art.005/5/005/4/005/3/005/2/005/1 |
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ARTICLE 5 |
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RELATING TO GOVERNMENT REORGANIZATION |
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SECTION 1. Chapter 23-17.12 of the General Laws entitled "Health Care Services - |
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Utilization Review Act" is hereby repealed in its entirety. |
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SECTION 2. Chapter 23-17.13 of the General Laws entitled "Health Care Accessibility |
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and Quality Assurance Act" is hereby repealed in its entirety. |
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SECTION 3. Chapter 23-17.18 of the General Laws entitled "Health Plan Modification |
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Act" is hereby repealed in its entirety. |
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SECTION 4. Title 27 of the General Laws entitled "INSURANCE" is hereby amended by |
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adding thereto the following chapter: |
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CHAPTER 18.8 |
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HEALTH CARE ACCESSIBILITY AND QUALITY ASSURANCE ACT |
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27-18.8-1. Purpose. |
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The legislature declares that: |
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(1) It is in the best interest of the public that those individuals and health care entities |
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involved with the delivery of health plan coverage in our state meet the standards of this chapter to |
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ensure accessibility and quality for the state's patients; |
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(2) Nothing in this legislation is intended to prohibit a health care entity from forming |
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limited networks of providers; and |
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(3) It is a vital state function to establish these standards for the conduct of health care |
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entities in Rhode Island and for public health well-being; and |
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(4) Nothing in this chapter is intended to prohibit or discourage the health insurance |
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commissioner from consulting or collaborating with the department of health, or any other state or |
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federal agency, to the extent the commissioner in his or her discretion determines such consultation |
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and or collaboration is necessary and or appropriate for the administration and enforcement of this |
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chapter. |
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27-18.8-2. Definitions. |
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As used in this chapter: |
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(1) "Adverse benefit determination" means a decision not to authorize a health care service, |
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including a denial, reduction, or termination of, or a failure to provide or make a payment, in whole |
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19 |
or in part, for a benefit. A decision by a utilization review agent to authorize a health care service |
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20 |
in an alternative setting, a modified extension of stay, or an alternative treatment shall not constitute |
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21 |
an adverse determination if the review agent and provider are in agreement regarding the decision. |
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Adverse benefit determinations include: |
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23 |
(i) "Administrative adverse benefit determinations," meaning any adverse benefit |
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determination that does not require the use of medical judgment or clinical criteria such as a |
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determination of an individual's eligibility to participate in coverage, a determination that a benefit |
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is not a covered benefit, or any rescission of coverage; and |
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(ii) "Non-administrative adverse benefit determinations," meaning any adverse benefit |
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determination that requires or involves the use of medical judgement or clinical criteria to |
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determine whether the service reviewed is medically necessary and/or appropriate. This includes |
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the denial of treatments determined to be experimental or investigational, and any denial of |
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coverage of a prescription drug because that drug is not on the health care entity's formulary. |
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(2) "Appeal" or "internal appeal" means a subsequent review of an adverse benefit |
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determination upon request by a claimant to include the beneficiary or provider to reconsider all or |
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part of the original adverse benefit determination. |
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(3) "Authorized representative" means an individual acting on behalf of the beneficiary and |
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shall include the ordering provider, any individual to whom the beneficiary has given express |
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written consent to act on his or her behalf, a person authorized by law to provide substituted consent |
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for the beneficiary and, when the beneficiary is unable to provide consent, a family member of the |
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5 |
beneficiary. |
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(4) "Beneficiary" means a policy holder subscriber, enrollee, or other individual |
|
7 |
participating in a health benefit plan. |
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(5) "Benefit determination" means a decision to approve or deny a request to provide or |
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9 |
make payment for a health care service. |
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(6) "Certificate" means a certificate granted by the commissioner to a health care entity |
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meeting the requirements of this act. |
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(7) "Commissioner" means the commissioner of the office of the health insurance |
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13 |
commissioner. |
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(8) "Complaint" means an oral or written expression of dissatisfaction by a beneficiary, |
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15 |
authorized representative or provider. The appeal of an adverse benefit determination is not |
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16 |
considered a complaint. |
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(9) "Delegate" means a person or entity authorized pursuant to a delegation of authority or |
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18 |
directly or re-delegation of authority, by a health care entity or network plan to perform one or |
|
19 |
more of the functions and responsibilities of a health care entity and/or network plan set forth in |
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20 |
this Act or regulations or guidance promulgated thereunder. |
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21 |
(10) "Emergency services" or "emergent services" means those resources provided in the |
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event of the sudden onset of a medical, behavioral health or other health condition that the absence |
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23 |
of immediate medical attention could reasonably be expected, by a prudent layperson, to result in |
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24 |
placing the patient's health in serious jeopardy, serious impairment to bodily or mental functions, |
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25 |
or serious dysfunction of any bodily organ or part. |
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(11) "Health benefit plan" or "health plan" means a policy, contract, certificate or |
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27 |
agreement entered into, offered or issued by a health care entity to provide, deliver, arrange for, |
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28 |
pay for or reimburse any of the costs of health care services. |
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(12) "Health care entity" means an insurance company licensed, or required to be licensed, |
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by the state of Rhode Island or other entity subject to the jurisdiction of the commissioner or the |
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31 |
jurisdiction of the department of business regulation that contracts or offers to contract, or enters |
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32 |
into an agreement to provide, deliver, arrange for, pay for or reimburse any of the costs of health |
|
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care services, including without limitation, a for-profit or nonprofit hospital, medical or dental |
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34 |
service corporation or plan, a health maintenance organization, a health insurance company, or any |
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other entity providing health insurance, accident and sickness insurance, health benefits or health |
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care services. |
|
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(13) "Health care services" means and includes, but is not limited to, an admission, |
|
4 |
diagnostic procedure, therapeutic procedure, treatment, extension of stay, the ordering and/or filling |
|
5 |
of formulary or non-formulary medications, and any other medical, behavioral, dental, vision care |
|
6 |
services, activities, or supplies that are covered by the beneficiary's health benefit plan. |
|
7 |
(14) "Most favored rate clause" means a provision in a provider contract whereby the rates |
|
8 |
or fees to be paid by a health care entity are fixed, established, or adjusted to be equal to or lower |
|
9 |
than the rates or fees paid to the provider by any other health care entity. |
|
10 |
(15) "Network" means the group or groups of participating providers providing health care |
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11 |
services under a network plan. |
|
12 |
(16) "Network Plan" means a health benefit plan or health plan that either requires a |
|
13 |
beneficiary to use, or creates incentives, including financial incentives, for a beneficiary to use the |
|
14 |
providers managed, owned, under contract with or employed by the health care entity. |
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15 |
(17) "Office" means the office of the health insurance commissioner. |
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16 |
(18) "Professional provider" means an individual provider or health care professional |
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17 |
licensed, accredited, or certified to perform specified health care services consistent with state law |
|
18 |
and who provides these health care services and is not part of a separate facility or institutional |
|
19 |
contract. |
|
20 |
(19) "Provider" means a physician, hospital, professional provider, pharmacy, laboratory, |
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21 |
dental, medical or behavioral health provider, or other state licensed or other state recognized |
|
22 |
provider of health care or behavioral health services or supplies. |
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(20) "Tiered network" means a network that identifies and groups some or all types of |
|
24 |
providers into specific groups to which different provider reimbursement, beneficiary cost-sharing |
|
25 |
or provider access requirements, or any combination thereof, apply for the same services. |
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26 |
27-18.8-3. Certification of network plans. |
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(a) Certification and Recertification Process. |
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28 |
(1) A health care entity operating a network plan shall not enroll consumers into its plan |
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29 |
unless the office has certified the network plan meeting the requirements herein. |
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30 |
(2) The commissioner shall act upon the health care entities' completed applications for |
|
31 |
certification of network plans, as determined by the commissioner, within ninety (90) calendar days |
|
32 |
of receipt of such applications for certification. |
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33 |
(3) To ensure compliance, the commissioner shall establish procedures for the periodic |
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34 |
review and recertification of network plans at least every three (3) years provided, however, that |
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1 |
the commissioner may review the certification a network plan at any time and/or may require |
|
2 |
periodic compliance attestation from a health care entity if, in the commissioner's discretion, he or |
|
3 |
she deems it appropriate to do so. |
|
4 |
(4) Cost of certification. The total cost of obtaining and maintaining a certificate under this |
|
5 |
title and in compliance with the requirements of the applicable rules and regulations shall be borne |
|
6 |
by the applicant and shall include one hundred fifty percent (150%) of the total salaries paid to the |
|
7 |
personnel engaged in certifications and ensuring compliance with the requirements herein and the |
|
8 |
applicable rules and regulations. These monies shall be paid to the commissioner to and for the use |
|
9 |
of the office and shall be in addition to any taxes and fees otherwise payable to the state. |
|
10 |
(b) General requirements. The commissioner shall establish standards and procedures for |
|
11 |
the certification of network plans that have demonstrated the ability to ensure that health care |
|
12 |
services will be provided in a manner to assure availability and accessibility, adequate personnel |
|
13 |
and facilities, and continuity of service, and have demonstrated arrangements for ongoing quality |
|
14 |
assurance programs regarding care processes and outcomes. These standards shall consist of, but |
|
15 |
are not limited to, the following: |
|
16 |
(1) As to each network plan, a health care entity must demonstrate it has a mechanism for |
|
17 |
beneficiaries and providers to appeal and grieve decisions and actions of the network plan and/or |
|
18 |
health care entity, including decisions or actions made by a delegate of the health care entity in |
|
19 |
relation to the network plan; |
|
20 |
(2) As to each network plan, a health care entity must maintain a comprehensive list of |
|
21 |
participating providers that meets the requirements herein and provides additional information |
|
22 |
relevant to network adequacy; |
|
23 |
(3) In the event of any substantial systemic changes in the health care entity, network plan |
|
24 |
or any relevant delegate's certification information on file with the office, the health care entity |
|
25 |
shall submit notice and explanation of this change for approval by the commissioner at least thirty |
|
26 |
(30) calendar days prior to implementation of any such change; |
|
27 |
(4) As to each network plan, a health care entity shall maintain a complaint resolution |
|
28 |
process acceptable to the office, whereby beneficiaries, their authorized representatives, their |
|
29 |
physicians, or other health care providers may seek resolution of complaints and other matters of |
|
30 |
which the health care entity has received oral or written notice; |
|
31 |
(5) As to each network plan, a health care entity shall be required to establish a mechanism, |
|
32 |
under which providers, including local providers participating in the network plans, provide input |
|
33 |
into the plan's health care policy, including technology, medications and procedures, utilization |
|
34 |
review criteria and procedures, quality and credentialing criteria, and medical management |
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1 |
procedures; |
|
2 |
(6) As to each network plan, a health care entity shall be required to establish a mechanism |
|
3 |
under which beneficiaries provide input into the health care entity's procedures and processes |
|
4 |
regarding the delivery of health care services; and |
|
5 |
(7) As to each network plan, a health care entity must maintain a process, policies and |
|
6 |
procedures for the modification of formularies to include notices to beneficiaries and providers |
|
7 |
when formularies change in accordance with all state and federal laws. |
|
8 |
(c) Network requirements. For each network plan, health care entities must ensure the |
|
9 |
following requirements are met: |
|
10 |
(1) Maintain access to professional, facility and other providers sufficient to provide |
|
11 |
coverage in a timely manner, of the benefits covered in the network plan and in a manner to assure |
|
12 |
that all covered services will be accessible without unreasonable delay; |
|
13 |
(2) Establish a process acceptable to the commissioner to monitor the status of each |
|
14 |
network plan's network adequacy not less frequently than quarterly; |
|
15 |
(3) Establish and maintain a transition of care policy and process when a network has been |
|
16 |
narrowed, tiered, and/or providers (facilities and professional) have terminated contracts with the |
|
17 |
health care entity for that network plan; |
|
18 |
(4) Establish a mechanism to provide the beneficiaries and consumers with up to date |
|
19 |
information on providers, in a form acceptable to the commissioner, to include: |
|
20 |
(i) Location by city, town, county; |
|
21 |
(ii) Specialty practice areas; |
|
22 |
(iii) Affiliations/Admission Privileges with facilities, including whether those facilities are |
|
23 |
in-network facilities; and |
|
24 |
(iv) Whether the provider is accepting new patients. |
|
25 |
(d) Contracting and credentialing requirements. |
|
26 |
(1) A health care entity shall not refuse to contract with or compensate for covered services |
|
27 |
an otherwise eligible provider or non-participating provider solely because that provider has, in |
|
28 |
good faith, communicated with one or more of their patients regarding the provisions, terms, or |
|
29 |
requirements of the health care entity's products as they relate to the needs of that provider's |
|
30 |
patients. |
|
31 |
(2) The health care entity or network plan provider contracting and credentialing process |
|
32 |
shall include the following: |
|
33 |
(i) This credentialing process shall begin upon acceptance of a completed application from |
|
34 |
a provider to the health care entity or network plan for inclusion; |
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1 |
(ii) Each application shall be reviewed by the health care entity's or network plan's |
|
2 |
credentialing body; and |
|
3 |
(iii) All health care entities or network plans shall develop and maintain credentialing |
|
4 |
criteria to be utilized in adding to provider networks. Credentialing criteria shall be based on input |
|
5 |
from providers credentialed in the health care entity or network plan and these standards shall be |
|
6 |
available to applicants. When economic considerations are part of the decisions, the criteria must |
|
7 |
be available to applicants. Any economic profiling must factor the specialty, utilization and practice |
|
8 |
patterns and general information comparing the applicant to their peers in the same specialty will |
|
9 |
be made available. Any economic profiling of providers must be adjusted to recognize case mix, |
|
10 |
severity of illness, age of patients and other features of a provider's practice that may account for |
|
11 |
higher than or lower than expected costs. Profiles must be made available to those so profiled. |
|
12 |
(3) A health care entity or network plan shall not exclude a professional provider of covered |
|
13 |
services from participation in its provider network based solely on: |
|
14 |
(i) The professional provider's degree or license as applicable under state law; or |
|
15 |
(ii) The professional provider of covered services lack of affiliation with, or admitting |
|
16 |
privileges at a hospital, if that lack of affiliation is due solely to the professional provider's type of |
|
17 |
license. |
|
18 |
(4) As to any network plan, health care entities shall not discriminate against providers |
|
19 |
solely because the provider treats a substantial number of patients who require expensive or |
|
20 |
uncompensated medical care. |
|
21 |
(5) The applicant shall be provided with all reasons used if the application is denied. |
|
22 |
(6) Health care entities or network plans shall not be allowed to include clauses in physician |
|
23 |
or other provider contracts that allow for the health care entity or network plan to terminate the |
|
24 |
contract "without cause"; provided, however, cause shall include lack of need due to economic |
|
25 |
considerations. |
|
26 |
(7) There shall be due process for professional providers for all adverse decisions resulting |
|
27 |
in a change of privileges or contractual language of a credentialed professional provider. |
|
28 |
(i) The details of the health care entity or network plan's due process shall be included in |
|
29 |
the professional provider contracts. |
|
30 |
(ii) A health care entity or network plan is deemed to have met the adequate notice and |
|
31 |
hearing requirement of this section with respect to a professional provider if the following |
|
32 |
conditions are met (or are waived voluntarily by the professional provider): |
|
33 |
(A) The professional provider shall be notified of the proposed actions and the reasons for |
|
34 |
the proposed action; |
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1 |
(B) The professional provider shall be given the opportunity to contest the proposed action; |
|
2 |
and |
|
3 |
(C) The health care entity has developed an appeals process that has reasonable time limits |
|
4 |
for the resolution of the appeal. |
|
5 |
(8) A health care entity or network plan shall not include a most favored rate clause in a |
|
6 |
provider contract. |
|
7 |
(9) A health entity or network plan may materially modify the terms of a participating |
|
8 |
agreement it maintains with a professional provider only if it disseminates, in writing, by mail or |
|
9 |
by electronic means to the professional provider, the contents of the proposed modification and an |
|
10 |
explanation, in non-technical terms, of the modification's impact. |
|
11 |
(10) The health care entity or network plan shall provide the professional provider an |
|
12 |
opportunity to amend or terminate the professional provider contract within sixty (60) calendar |
|
13 |
days of receipt of the notice of modification. Any termination of a professional provider contract |
|
14 |
made pursuant to this section shall be effective fifteen (15) calendar days from the mailing of the |
|
15 |
notice of termination, in writing, by mail to the health care entity or network plan. The termination |
|
16 |
shall not affect the method of payment or reduce the amount of reimbursement to the professional |
|
17 |
provider by the health care entity or network plan for any beneficiary in active treatment for an |
|
18 |
acute medical condition at the time the beneficiary's professional provider terminates their |
|
19 |
professional provider contract with the health care entity or network plan until the active treatment |
|
20 |
is concluded or, if earlier, one year after the termination; and, with respect to the beneficiary, during |
|
21 |
the active treatment period the professional provider shall be subject to all the terms and conditions |
|
22 |
of the terminated professional provider contract, including, but not limited to, all reimbursement |
|
23 |
provisions which limit the beneficiary's liability. |
|
24 |
27-18.8-4. Contracts with providers for dental services. |
|
25 |
(a) No contract between a dental plan of a health care entity and a dentist for the provision |
|
26 |
of services to beneficiaries may require that a dentist provide services to its patients at a fee set by |
|
27 |
the health care entity unless said services are covered services under the applicable subscriber |
|
28 |
agreement. "Covered services," as used herein, means services reimbursable under the applicable |
|
29 |
beneficiary agreement, subject to such contractual limitations on beneficiary benefits as may apply, |
|
30 |
including, for example, deductibles, waiting period or frequency limitations. |
|
31 |
27-18.8-5. Contracts with providers and optometric services. |
|
32 |
(a) No contract between an eye care provider and a health care entity or vision plan may |
|
33 |
require that an eye care provider provide services or materials to its beneficiaries at a fee set by the |
|
34 |
insurer or vision plan, unless the insurer or vision plan compensates the eye care provider for the |
|
|
|
|
1 |
provision of such services or materials to the beneficiary. Reimbursement paid by the insurer or |
|
2 |
vision plan for covered services and materials shall not provide nominal reimbursement in order to |
|
3 |
claim that services and materials are covered services. |
|
4 |
(b)(1) "Services" means services and materials for which reimbursement from the vision |
|
5 |
plan is provided for by a beneficiary's plan contract, or for which a reimbursement would be |
|
6 |
available but for the application of the beneficiary's contractual limitations of deductibles, |
|
7 |
copayments, or coinsurance. |
|
8 |
(2) "Materials" means and includes, but is not limited to, lenses, devices containing lenses, |
|
9 |
prisms, lens treatments and coatings, contact lenses, orthoptics, vision training, and prosthetic |
|
10 |
devices to correct, relieve, or treat defects or abnormal conditions of the human eye or its adnexa. |
|
11 |
(3) "Eye care provider" means an optometrist, optician, or ophthalmologist. |
|
12 |
27-18.8-6. Reporting requirements. |
|
13 |
The office shall establish reporting requirements to determine if health care entities and/or |
|
14 |
network plans are in compliance with the provisions of this chapter and applicable regulations as |
|
15 |
well as in compliance with applicable federal law. |
|
16 |
27-18.8-7. Rules and regulations. |
|
17 |
The health insurance commissioner may promulgate such rules and regulations as are |
|
18 |
necessary and proper to effectuate the purpose and for the efficient administration and enforcement |
|
19 |
of this chapter. |
|
20 |
27-18.8-8. Denial, suspension, or revocation of certificate. |
|
21 |
Adopted pursuant to this chapter; |
|
22 |
(1) The office may deny a certificate or certification upon review of the application if, upon |
|
23 |
review of the application, it finds that the applicant proposing to establish a network plan does not |
|
24 |
meet the standards required by this chapter or by any regulations promulgated pursuant to this |
|
25 |
chapter. |
|
26 |
(2) The office may revoke or suspend a certificate or certification and/or impose monetary |
|
27 |
penalties not less than one hundred dollars ($100) and not to exceed fifty thousand dollars ($50,000) |
|
28 |
per violation and/or impose an order requiring a monetary restitution or disgorgement payment in |
|
29 |
an amount determined by the commissioner to reasonably reflect the amount of damages caused or |
|
30 |
monies improperly obtained in any case in which: |
|
31 |
(1) The network plan and or health care entity fails to comply with the requirements of this |
|
32 |
chapter or of regulations; |
|
33 |
(2) The network plan and or health care entity fails to comply with the criteria used by it |
|
34 |
in its application for a certificate or certification; or |
|
|
|
|
1 |
(3) The network plan and/or health care entity refuses to permit or fails to reasonably |
|
2 |
cooperate with an examination by the commissioner to determine compliance with the requirements |
|
3 |
of this chapter and regulations promulgated pursuant to the authority granted to the commissioner |
|
4 |
in this chapter. These determinations may involve consideration of any written grievances filed |
|
5 |
with the office against the network plan or health care entity by patients or providers. |
|
6 |
(c) Any applicant for certification or certificate holder aggrieved by an order or a decision |
|
7 |
of the commissioner made under this chapter without a hearing may, within thirty (30) days after |
|
8 |
notice of the order or decision, make a written request to the office for a hearing on the order or |
|
9 |
decision pursuant to §42-35-15. |
|
10 |
(d) The procedure governing hearings authorized by this section shall be in accordance |
|
11 |
with §§42-35-9 through 42-35-13 as stipulated in §42-35-14(a). A full and complete record shall |
|
12 |
be kept of all proceedings, and all testimony shall be recorded but need not be transcribed unless |
|
13 |
the decision is appealed pursuant to §42-35-15. A copy or copies of the transcript may be obtained |
|
14 |
by any interested party upon payment of the cost of preparing the copy or copies. Witnesses may |
|
15 |
be subpoenaed by either party. |
|
16 |
27-18.8-9. Penalties and enforcement. |
|
17 |
For the purposes of this chapter, in addition to the provisions of §27-18.8-8, a health care |
|
18 |
entity or any person or entity conducting any activities requiring certification under this chapter |
|
19 |
shall be subject to the penalty and enforcement provisions of title 27 and chapters 14 and 14.5 of |
|
20 |
title 42 and the regulations promulgated thereunder in the same manner as a licensee or any person |
|
21 |
or entity conducting any activities requiring licensure or certification under title 27. |
|
22 |
27-18.8-10. Severability. |
|
23 |
If any section, clause, or provision of this chapter shall be held either unconstitutional or |
|
24 |
ineffective in whole or in part, to the extent that it is not unconstitutional or ineffective, it shall be |
|
25 |
valid and effective and no other section, clause or provision shall on account thereof be termed |
|
26 |
invalid or ineffective. |
|
27 |
SECTION 5. Title 27 of the General Laws entitled "INSURANCE" is hereby amended by |
|
28 |
adding thereto the following chapter: |
|
29 |
CHAPTER 18.9 |
|
30 |
BENEFIT DETERMINATION AND UTILIZATION REVIEW ACT |
|
31 |
27-18.9-1. Purpose of chapter. |
|
32 |
(a) The purpose of this chapter is to: |
|
33 |
(1) Promote the delivery of quality health care in a cost effective manner; |
|
34 |
(2) Foster greater coordination between health care providers, patients, health care entities, |
|
|
|
|
1 |
health benefit plans and utilization review entities to ensure public health well-being; |
|
2 |
(3) Protect beneficiaries, businesses, and providers by ensuring that review agents are |
|
3 |
qualified to perform review activities and to make informed decisions on the medical necessity and |
|
4 |
appropriateness of medical care; |
|
5 |
(4) Ensure that review agents maintain the confidentiality of medical records in accordance |
|
6 |
with applicable state and federal laws; and |
|
7 |
(5) Interface and maintain compliance with federal benefit determination and adverse |
|
8 |
benefit determination requirements. |
|
9 |
(b) Nothing in this chapter is intended to prohibit or discourage the health insurance |
|
10 |
commissioner from consulting or collaborating with the department of health, or any other state or |
|
11 |
federal agency, to the extent the commissioner in his or her discretion determines such consultation |
|
12 |
and or collaboration is necessary and or appropriate for the administration and enforcement of this |
|
13 |
chapter. |
|
14 |
27-18.9-2. Definitions. |
|
15 |
As used in this chapter, the following terms are defined as follows: |
|
16 |
(1) "Adverse benefit determination" means a decision not to authorize a health care service, |
|
17 |
including a denial, reduction, or termination of, or a failure to provide or make a payment, in whole |
|
18 |
or in part, for a benefit. A decision by a utilization review agent to authorize a health care service |
|
19 |
in an alternative setting, a modified extension of stay, or an alternative treatment shall not constitute |
|
20 |
an adverse determination if the review agent and provider are in agreement regarding the decision. |
|
21 |
Adverse benefit determinations include: |
|
22 |
(i) "Administrative adverse benefit determinations," meaning any adverse benefit |
|
23 |
determination that does not require the use of medical judgment or clinical criteria such as a |
|
24 |
determination of an individual's eligibility to participate in coverage, a determination that a benefit |
|
25 |
is not a covered benefit, or any rescission of coverage; and |
|
26 |
(ii) "Non-administrative adverse benefit determinations," meaning any adverse benefit |
|
27 |
determination that requires or involves the use of medical judgement or clinical criteria to |
|
28 |
determine whether the service being reviewed is medically necessary and/or appropriate. This |
|
29 |
includes the denial of treatments determined to be experimental or investigational, and any denial |
|
30 |
of coverage of a prescription drug because that drug is not on the health care entity's formulary. |
|
31 |
(2) "Appeal" or "internal appeal" means a subsequent review of an adverse benefit |
|
32 |
determination upon request by a claimant to include the beneficiary or provider to reconsider all or |
|
33 |
part of the original adverse benefit determination. |
|
34 |
(3) "Authorization" means a review by a review agent, performed according to this Act, |
|
|
|
|
1 |
concluding that the allocation of health care services ordered by a provider, given or proposed to |
|
2 |
be given to a beneficiary, was approved or authorized. |
|
3 |
(4) "Authorized representative" means an individual acting on behalf of the beneficiary and |
|
4 |
shall include the ordering provider, any individual to whom the beneficiary has given express |
|
5 |
written consent to act on his or her behalf, a person authorized by law to provide substituted consent |
|
6 |
for the beneficiary and, when the beneficiary is unable to provide consent, a family member of the |
|
7 |
beneficiary. |
|
8 |
(5) "Beneficiary" means a policy holder subscriber, enrollee or other individual |
|
9 |
participating in a health benefit plan. |
|
10 |
(6) "Benefit determination" means a decision to approve or deny a request to provide or |
|
11 |
make payment for a health care service or treatment. |
|
12 |
(7) "Certificate" means a certificate granted by the commissioner to a review agent meeting |
|
13 |
the requirements of this act. |
|
14 |
(8) "Claim" means a request for plan benefit(s) made by a claimant in accordance with the |
|
15 |
health care entity's reasonable procedures for filing benefit claims. This shall include pre-service, |
|
16 |
concurrent and post-service claims. |
|
17 |
(9) "Claimant" means a health care entity participant, beneficiary, and/or authorized |
|
18 |
representative who makes a request for plan benefit(s). |
|
19 |
(10) "Commissioner" means the health insurance commissioner. |
|
20 |
(11) "Complaint" means an oral or written expression of dissatisfaction by a beneficiary, |
|
21 |
authorized representative, or a provider. The appeal of an adverse benefit determination is not |
|
22 |
considered a complaint. |
|
23 |
(12) "Concurrent assessment" means an assessment of health care services conducted |
|
24 |
during a beneficiary's hospital stay, course of treatment or services over a period of time or for the |
|
25 |
number of treatments. If the medical problem is ongoing, this assessment may include the review |
|
26 |
of services after they have been rendered and billed. |
|
27 |
(13) "Concurrent claim" means a request for a plan benefit(s) by a claimant that is for an |
|
28 |
ongoing course of treatment or services over a period of time or for the number of treatments. |
|
29 |
(14) "Delegate" means a person or entity authorized pursuant to a delegation of authority |
|
30 |
or re-delegation of authority, by a health care entity or network plan to perform one or more of the |
|
31 |
functions and responsibilities of a health care entity and/or network plan set forth in this Act or |
|
32 |
regulations or guidance promulgated thereunder. |
|
33 |
(15) "Emergency services" or "emergent services" means those resources provided in the |
|
34 |
event of the sudden onset of a medical, behavioral health or other health condition that the absence |
|
|
|
|
1 |
of immediate medical attention could reasonably be expected, by a prudent layperson, to result in |
|
2 |
placing the patient's health in serious jeopardy, serious impairment to bodily or mental functions, |
|
3 |
or serious dysfunction of any bodily organ or part. |
|
4 |
(16) "External review" means a review of a non-administrative adverse benefit |
|
5 |
determination (including final internal adverse benefit determination) conducted pursuant to an |
|
6 |
applicable external review process performed by an Independent Review Organization |
|
7 |
(17) "Final internal adverse benefit determination" means an adverse benefit determination |
|
8 |
that has been upheld by a plan or issuer at the completion of the internal appeals process or when |
|
9 |
the internal appeals process has been deemed exhausted as defined in §27-18.9-7(b)(1) of this act. |
|
10 |
(18) "External review decision" means a determination by an independent review |
|
11 |
organization at the conclusion of the external review. |
|
12 |
(19) "Health benefit plan" or "health plan" means a policy, contract, certificate or |
|
13 |
agreement entered into, offered or issued by a health care entity to provide, deliver, arrange for, |
|
14 |
pay for or reimburse any of the costs of health care services. |
|
15 |
(20) "Health care entity" means an insurance company licensed, or required to be licensed, |
|
16 |
by the state of Rhode Island or other entity subject to the jurisdiction of the commissioner or the |
|
17 |
jurisdiction of the department of business regulation pursuant to chapter 62 of title 42, that contracts |
|
18 |
or offers to contract, or enters into an agreement to provide, deliver, arrange for, pay for or |
|
19 |
reimburse any of the costs of health care services, including without limitation, a for-profit or |
|
20 |
nonprofit hospital, medical or dental service corporation or plan, a health maintenance organization, |
|
21 |
a health insurance company, or any other entity providing a plan of health insurance, accident and |
|
22 |
sickness insurance, health benefits or health care services. |
|
23 |
(21) "Health care services" means and includes, but is not limited to, an admission, |
|
24 |
diagnostic procedure, therapeutic procedure, treatment, extension of stay, the ordering and/or filling |
|
25 |
of formulary or non-formulary medications, and any other medical, behavioral, dental, vision care |
|
26 |
services, activities, or supplies that are covered by the beneficiary's health benefit plan. |
|
27 |
(22) "Independent review organization" or "IRO" means an entity that conducts |
|
28 |
independent external reviews of adverse benefit determinations or final internal adverse benefit |
|
29 |
determinations. |
|
30 |
(23) "Network" means the group or groups of participating providers providing health care |
|
31 |
services under a network plan. |
|
32 |
(24) "Network plan" means a health benefit plan or health plan that either requires a |
|
33 |
beneficiary to use, or creates incentives, including financial incentives, for a beneficiary to use the |
|
34 |
providers managed, owned, under contract with or employed by the health care entity. |
|
|
|
|
1 |
(25) "Office" means the office of the health insurance commissioner. |
|
2 |
(26) "Professional provider" means an individual provider or health care professional |
|
3 |
licensed, accredited, or certified to perform specified health care services consistent with state law |
|
4 |
and who provides health care services and is not part of a separate facility or institutional contract. |
|
5 |
(27) "Prospective assessment" and/or "pre-service assessment" mean an assessment of |
|
6 |
health care services prior to services being rendered. |
|
7 |
(28) "Pre-service claim" means the request for a plan benefit(s) by a claimant prior to a |
|
8 |
services being rendered and is not considered a concurrent claim. |
|
9 |
(29) "Provider" means a physician, hospital, professional provider, pharmacy, laboratory, |
|
10 |
dental, medical or behavioral health provider or other state licensed or other state recognized |
|
11 |
provider of health care or behavioral health services or supplies. |
|
12 |
(30) "Retrospective assessment" and/or "post service assessment" means an assessment of |
|
13 |
health care services that have been rendered. This shall not include reviews conducted when the |
|
14 |
review agency has been obtaining ongoing information. |
|
15 |
(31) "Retrospective claim" or "post-service claim" means any claim for a health plan |
|
16 |
benefit that is not a pre-service or concurrent claim. |
|
17 |
(32) "Review agent" means a person or health care entity performing benefit determination |
|
18 |
reviews that is either employed by, affiliated with, under contract with, or acting on behalf of a |
|
19 |
health care entity. |
|
20 |
(33) "Same or similar specialty" means a practitioner who has the appropriate training and |
|
21 |
experience that is the same or similar as the attending provider in addition to experience in treating |
|
22 |
the same problems to include any potential complications as those under review. |
|
23 |
(34) "Therapeutic interchange" means the interchange or substitution of a drug with a |
|
24 |
dissimilar chemical structure within the same therapeutic or pharmacological class that can be |
|
25 |
expected to have similar outcomes and similar adverse reaction profiles when given in equivalent |
|
26 |
doses, in accordance with protocols approved by the president of the medical staff or medical |
|
27 |
director and the director of pharmacy. |
|
28 |
(35) "Tiered network" means a network that identifies and groups some or all types of |
|
29 |
providers into specific groups to which different provider reimbursement, beneficiary cost-sharing |
|
30 |
or provider access requirements, or any combination thereof, apply for the same services. |
|
31 |
(36) "Urgent health care services" includes those resources necessary to treat a |
|
32 |
symptomatic medical, mental health, substance use or other health care condition that a prudent |
|
33 |
layperson, acting reasonably would believe necessitates treatment within a twenty-four (24) hour |
|
34 |
period of the onset of such a condition in order that the patient's health status not decline as a |
|
|
|
|
1 |
consequence. This does not include those conditions considered to be emergent health care services |
|
2 |
as defined in in this section. |
|
3 |
(37) "Utilization review" means the prospective, concurrent, or retrospective assessment |
|
4 |
of the medical necessity and/or appropriateness of the allocation of health care services of a |
|
5 |
provider, given or proposed to be given, to a beneficiary. Utilization review does not include: |
|
6 |
(i) The therapeutic interchange of drugs or devices by a pharmacy operating as part of a |
|
7 |
licensed inpatient health care facility; or |
|
8 |
(ii) The assessment by a pharmacist licensed pursuant to the provisions of chapter 19 of |
|
9 |
title 5, and practicing in a pharmacy operating as part of a licensed inpatient health care facility, in |
|
10 |
the interpretation, evaluation and implementation of medical orders, including assessments and/or |
|
11 |
comparisons involving formularies and medical orders. |
|
12 |
(38) "Utilization review plan" means a description of the standards governing utilization |
|
13 |
review activities performed by a review agent. |
|
14 |
27-18.9-3. Certification and recertification of review agents. |
|
15 |
(a) A review agent shall not conduct benefit determination reviews in the state unless the |
|
16 |
office has granted the review agent a certificate. |
|
17 |
(b) Individuals shall not be required to hold a separate review agent certification under this |
|
18 |
chapter when acting as either an employee of, an affiliate of, a contractor for, or otherwise acting |
|
19 |
on behalf of a certified review agent. |
|
20 |
(c) The commissioner shall establish a process for the certification of review agents |
|
21 |
meeting the requirements of certification. |
|
22 |
(d) The commissioner shall establish procedures for the periodic review and recertification |
|
23 |
of review agents at least every three (3) years. |
|
24 |
(e) A certificate issued under this chapter is not transferable, and the transfer of fifty percent |
|
25 |
(50%) or more of the ownership of a review agent shall be deemed a transfer. |
|
26 |
(f) The office shall issue a review agent certificate to an applicant that has met the minimum |
|
27 |
standards defined in this chapter, and regulations promulgated in accordance with it, including the |
|
28 |
payment of any fees as required, and other applicable regulations of the office. |
|
29 |
(g) In the event of any systemic changes in the review agent certification information on |
|
30 |
file with the office, the review agent shall submit notice and explanation of this change for approval |
|
31 |
by the commissioner at least thirty (30) calendar days prior to implementation of any such change. |
|
32 |
(h) The total cost of obtaining and maintaining a review agent certification under this title |
|
33 |
and in compliance with the requirements of the applicable rules and regulations shall be borne by |
|
34 |
the applicant and shall include one hundred fifty percent (150%) of the total salaries paid to the |
|
|
|
|
1 |
personnel engaged in certifications and ensuring compliance with the requirements herein and |
|
2 |
applicable rules and regulations. These monies shall be paid to the commissioner to and for the use |
|
3 |
of the office and shall be in addition to any taxes and fees otherwise payable to the state. |
|
4 |
(i) Notwithstanding any other provision of law, the review agent, the office, and all other |
|
5 |
parties privy to information which is the subject of this chapter shall comply with all state and |
|
6 |
federal confidentiality laws, including, but not limited to, chapter 37.3 of title 5 (confidentiality of |
|
7 |
health care communications and information act) and specifically §5-37.3-4(c), which requires |
|
8 |
limitation on the distribution of information which is the subject of this chapter on a "need to know" |
|
9 |
basis, and §40.1-5-26. |
|
10 |
(j) The office may, in response to a complaint or inquiry, review a benefit determination or |
|
11 |
appeal and may request information of the review agent, provider or beneficiary regarding the |
|
12 |
status, outcome or rationale regarding any decision. The review agent shall promptly respond to |
|
13 |
any such requests by the office. |
|
14 |
(k) The office shall adopt regulations necessary to implement the provisions of this chapter. |
|
15 |
27-18.9-4. Application requirements. |
|
16 |
An application for review agent certification or recertification shall include, but is not |
|
17 |
limited to, documentation to evidence the following: |
|
18 |
(a) Administrative and Non-Administrative Benefit Determinations: |
|
19 |
(1) That the health care entity or its review agent provide beneficiaries and providers with |
|
20 |
a summary of its benefit determination review programs and adverse benefit determination criteria |
|
21 |
in a manner acceptable to the commissioner that includes a summary of the standards, procedures |
|
22 |
and methods to be used in evaluating proposed, concurrent or delivered health care services; |
|
23 |
(2) The circumstances, if any, under which review agent may be delegated to and evidence |
|
24 |
that the delegated review agent is a certified review agent pursuant to the requirements of this act; |
|
25 |
(3) A complaint resolution process acceptable to the commissioner, whereby beneficiaries |
|
26 |
or other health care providers may seek resolution of complaints and other matters of which the |
|
27 |
review agent has received notice; |
|
28 |
(4) Policies and procedures to ensure that all applicable state and federal laws to protect |
|
29 |
the confidentiality of individual medical records are followed; |
|
30 |
(5) Requirements that no employee of, or other individual rendering an adverse benefit |
|
31 |
determination or appeal decision may receive any financial or other incentives based upon the |
|
32 |
number of denials of certification made by that employee or individual; |
|
33 |
(6) Evidence that the review agent has not entered into a compensation agreement or |
|
34 |
contract with its employees or agents whereby the compensation of its employees or its agents is |
|
|
|
|
1 |
based, directly or indirectly, upon a reduction of services or the charges for those services, the |
|
2 |
reduction of length of stay, or use of alternative treatment settings; |
|
3 |
(7) An adverse benefit determination and internal appeals process consistent with chapter |
|
4 |
18.9 of title 27 and acceptable to the office, whereby beneficiaries, their physicians, or other health |
|
5 |
care service providers may seek prompt reconsideration or appeal of adverse benefit determinations |
|
6 |
by the review agent according to all state and federal requirements; and |
|
7 |
(8) That the health care entity or its review agent has a mechanism to provide the |
|
8 |
beneficiary or claimant with a description of its claims procedures and any procedures for obtaining |
|
9 |
approvals as a prerequisite for obtaining a benefit or for obtaining coverage for such benefit. This |
|
10 |
description should at a minimum be placed in the summary of benefits document and available on |
|
11 |
the review agent's or the relevant health care entity's website and upon request from the claimant, |
|
12 |
his/her authorized representative and ordering providers. |
|
13 |
(b) Non-administrative benefit determinations general requirements: |
|
14 |
(1) Type and qualifications of personnel (employed or under contract) authorized to |
|
15 |
perform utilization review, including a requirement that only a provider with the same license status |
|
16 |
as the ordering professional provider or a licensed physician or dentist, is permitted to make a |
|
17 |
prospective or concurrent utilization review adverse benefit determinations; |
|
18 |
(2) Requirement that a representative of the utilization review agent is reasonably |
|
19 |
accessible to beneficiaries and providers at least five (5) days a week during normal business hours |
|
20 |
in Rhode Island and during the hours of the agency's operations when conducting utilization review; |
|
21 |
(3) Policies and procedures regarding the notification and conduct of patient interviews by |
|
22 |
the utilization review agent to include a process and assurances that such interviews do not disrupt |
|
23 |
care; and |
|
24 |
(4) Requirement that the utilization review agent shall not impede the provision of health |
|
25 |
care services for treatment and/or hospitalization or other use of a provider's services or facilities |
|
26 |
for any beneficiary. |
|
27 |
27-18.9-5. Administrative and non-administrative benefit determination procedural |
|
28 |
requirements. |
|
29 |
(a) Procedural failure by claimant. |
|
30 |
(1) In the event of the failure of claimant or an authorized representative to follow the |
|
31 |
health care entities claims procedures for a pre-service claim the health care entity or its review |
|
32 |
agent must: |
|
33 |
(i) Notify claimant or the authorized representative, as appropriate, of this failure as soon |
|
34 |
as possible and no later than five (5) calendar days following the failure and this notification must |
|
|
|
|
1 |
also inform claimant of the proper procedures to file a pre-service claim; and |
|
2 |
(ii) Notwithstanding the above, if the pre-service claim relates to urgent or emergent health |
|
3 |
care services, the health care entity or its review agent must notify and inform claimant or the |
|
4 |
authorized representative, as appropriate, of the failure and proper procedures within twenty-four |
|
5 |
(24) hours following the failure. Notification may be oral, unless written notification is requested |
|
6 |
by the claimant or authorized representative. |
|
7 |
(2) Claimant must have stated name, specific medical condition or symptom and specific |
|
8 |
treatment, service, or product which approval is requested and submitted to proper claim processing |
|
9 |
unit. |
|
10 |
(b) Utilization review agent procedural requirements: |
|
11 |
(1) All initial, prospective, and concurrent non-administrative adverse benefit |
|
12 |
determinations of a health care service that had been ordered by a physician, dentist or other |
|
13 |
practitioner shall be made, documented, and signed by a licensed practitioner with the same |
|
14 |
licensure status as the ordering provider; |
|
15 |
(2) Utilization review agents are not prohibited from allowing appropriately qualified |
|
16 |
review agency staff from engaging in discussions with the attending provider, the attending |
|
17 |
provider's designee or appropriate health care facility and office personnel regarding alternative |
|
18 |
service and/or treatment options. Such a discussion shall not constitute an adverse benefit |
|
19 |
determination; provided, however, that any change to the attending provider's original order and/or |
|
20 |
any decision for an alternative level of care must be made and/or appropriately consented to by the |
|
21 |
attending provider or the provider's designee responsible for treating the beneficiary and must be |
|
22 |
documented by the review agent; and |
|
23 |
(3) A utilization review agent shall not retrospectively deny authorization for health care |
|
24 |
services provided to a covered person when an authorization has been obtained for that service |
|
25 |
from the review agent unless the approval was based upon inaccurate information material to the |
|
26 |
review or the health care services were not provided consistent with the provider's submitted plan |
|
27 |
of care and/or any restrictions included in the prior approval granted by the review agent. |
|
28 |
27-18.9-6. Non-administrative benefit determination notifications. |
|
29 |
(a) Benefit determination notification timelines. A health care entity and/or its review agent |
|
30 |
shall comply with the following: |
|
31 |
(1) For urgent or emergent health care services benefit determinations (adverse or non- |
|
32 |
adverse) shall be made as soon as possible taking into account exigencies but not later than 72 hours |
|
33 |
after receipt of the claim. |
|
34 |
(2) For concurrent claims (adverse or non-adverse), no later than twenty-four (24) hours |
|
|
|
|
1 |
after receipt of the claim and prior to the expiration of the period of time or number of treatments. |
|
2 |
The claim must have been made to the health care entity or review agent at least twenty-four (24) |
|
3 |
hours prior to the expiration of the period of time or number of treatments. |
|
4 |
(3) For pre-service claims (adverse or non-adverse), within a reasonable period of time |
|
5 |
appropriate to the medical circumstances, but not later than fifteen (15) calendar days after the |
|
6 |
receipt of the claim. This may be extended up to fifteen (15) additional calendar days if required |
|
7 |
by special circumstances and claimant is noticed within the first fifteen (15) calendar-day period. |
|
8 |
(4) For post-service claims adverse benefit determination no later than thirty (30) calendar |
|
9 |
days after the receipt of the claim. This may be extended for fifteen (15) calendar days if |
|
10 |
substantiated and claimant is noticed within the first thirty (30) calendar day period. |
|
11 |
(5) Provision in the event of insufficient information from a claimant. |
|
12 |
(i) For urgent or emergent care, the health care entity or review agent must notify claimant |
|
13 |
as soon as possible, depending on exigencies, but no later than twenty-four (24) hours after receipt |
|
14 |
of claim giving specifics as to what information is needed. The health care entity or review agent |
|
15 |
must allow claimant at least forty-eight (48) hours to send additional information. The health care |
|
16 |
entity or review agent must provide benefit determination as soon as possible and no later than |
|
17 |
forty-eight (48) hours after receipt of necessary additional information or end of period afforded to |
|
18 |
the claimant to provide additional information, whichever is earlier. |
|
19 |
(ii) For pre-service and post-service claims the notice by the health care entity or review |
|
20 |
agent must include what specific information is needed. The claimant has forty-five (45) calendar |
|
21 |
days from receipt of notice to provide information. |
|
22 |
(iii) Timelines for decisions, in the event of insufficient information, are paused from the |
|
23 |
date on which notice is sent to the claimant and restarted when the claimant responds to the request |
|
24 |
for information. |
|
25 |
(b) Adverse benefit determination notifications form and content requirements. Health care |
|
26 |
entities and review agents shall comply with form and content notification requirements, to include |
|
27 |
the following: |
|
28 |
(1) Notices may be written or electronic with reasonable assurance of receipt by claimant |
|
29 |
unless urgent or emergent. When urgent or emergent, oral notification is acceptable, absent a |
|
30 |
specific request by claimant for written or electronic notice written, followed by written or |
|
31 |
electronic notification within three (3) calendar days. |
|
32 |
(2) Notification content shall: |
|
33 |
(i) Be culturally and linguistically appropriate; |
|
34 |
(ii) Provide details of a claim that is being denied to include date of service, provider, |
|
|
|
|
1 |
amount of claim, a statement describing the availability, upon request, of the diagnosis code and |
|
2 |
its corresponding meaning, and the treatment code and its corresponding meaning as applicable. |
|
3 |
(iii) Give specific reason or reasons for the adverse benefit determination; |
|
4 |
(iv) Include the reference(s) to specific health benefit plan or review agent provisions, |
|
5 |
guideline, protocol or criterion on which the adverse benefit determination is based; |
|
6 |
(v) If the decision is based on medical necessity, clinical criteria or experimental treatment |
|
7 |
or similar exclusion or limit, then notice must include the scientific or clinical judgment for the |
|
8 |
adverse determination; |
|
9 |
(vi) Provide information for the beneficiary as to how to obtain copies of any and all |
|
10 |
information relevant to denied claim free of charge; |
|
11 |
(vii) Describe the internal and external appeal processes, as applicable, to include all |
|
12 |
relevant review agency contacts and OHIC's consumer assistance program information; |
|
13 |
(viii) Clearly state timeline that the claimant has at least one hundred eighty (180) calendar |
|
14 |
days following the receipt of notification of an adverse benefit determination to file an appeal; and |
|
15 |
(ix) Be written in a manner to convey clinical rational in lay person terms when appropriate |
|
16 |
based on clinical condition and age and in keeping with federal and state laws and regulations. |
|
17 |
27-18.9-7. Internal appeal procedural requirements. |
|
18 |
(a) Administrative and non-administrative appeals. The review agent shall conform to the |
|
19 |
following for the internal appeal of administrative or non-administrative adverse benefit |
|
20 |
determinations: |
|
21 |
(1) The review agent shall maintain and make available a written description of its appeal |
|
22 |
procedures by which either the beneficiary or the provider of record may seek review of |
|
23 |
determinations not to authorize health care services. |
|
24 |
(2) The process established by each review agent may include a reasonable period within |
|
25 |
which an appeal must be filed to be considered and that period shall not be less than one hundred |
|
26 |
eighty (180) calendar days after receipt of the adverse benefit determination notice. |
|
27 |
(3) During the appeal, a review agent may utilize a reconsideration process in assessing an |
|
28 |
adverse benefit determination. If utilized, the review agent shall develop a reasonable |
|
29 |
reconsideration and appeal process, in accordance with this section. For non-administrative adverse |
|
30 |
benefit determinations, the period for the reconsideration may not exceed fifteen (15) days from |
|
31 |
the date the request for reconsideration or appeal is received. The review agent shall notify the |
|
32 |
beneficiary and/or provider of the reconsideration determination with the form and content |
|
33 |
described in §27-18.9-6(b), as appropriate. Following the decision on reconsideration, the |
|
34 |
beneficiary and/or provider shall have a period of forty-five (45) calendar days during which the |
|
|
|
|
1 |
beneficiary and/or provider may request an appeal of the reconsideration decision and/or submit |
|
2 |
additional information. |
|
3 |
(4) Prior to a final internal appeal decision, the review agent must allow the claimant to |
|
4 |
review the entire adverse determination and appeal file and allow the claimant to present evidence |
|
5 |
and/or additional testimony as part of the internal appeal process. |
|
6 |
(5) A review agent is only entitled to request and review information or data relevant to the |
|
7 |
benefit determination and utilization review processes. |
|
8 |
(6) The review agent shall maintain records of written adverse benefit determinations, |
|
9 |
reconsiderations, appeals and their resolution, and shall provide reports as requested by the office. |
|
10 |
(7)(i) The review agent shall notify, in writing, the beneficiary and/or provider of record of |
|
11 |
its decision on the administrative appeal in no case later than thirty (30) calendar days after receipt |
|
12 |
of the request for the review of an adverse benefit determination for pre-service claims, and sixty |
|
13 |
(60) days for post-service claims, commensurate with §§29 CFR 2560.503-1(i)(2)(ii) and (iii). |
|
14 |
(ii) The review agent shall notify, in writing, the beneficiary and provider of record of its |
|
15 |
decision on the non-administrative appeal as soon as practical considering medical circumstances, |
|
16 |
but in no case later than thirty (30) calendar days after receipt of the request for the review of an |
|
17 |
adverse benefit determination, inclusive of the period to conduct the reconsideration, if any. The |
|
18 |
timeline for decision on appeal is paused from the date on which the determination on |
|
19 |
reconsideration is sent to the beneficiary and/or provider and restarted when the beneficiary and/or |
|
20 |
provider submits additional information and/or a request for appeal of the reconsideration decision. |
|
21 |
(8) The review agent shall also provide for an expedited appeal process for urgent and |
|
22 |
emergent situations taking into consideration medical exigencies. Notwithstanding any other |
|
23 |
provision of this chapter, each review agent shall complete the adjudication of expedited appeals, |
|
24 |
including notification of the beneficiary and provider of record of its decision on the appeal, not |
|
25 |
later than seventy-two (72) hours after receipt of the claimant's request for the appeal of an adverse |
|
26 |
benefit determination. |
|
27 |
(9) Benefits for an ongoing course of treatment cannot be reduced or terminated without |
|
28 |
providing advance notice and an opportunity for advance review. The review agent or health care |
|
29 |
entity is required to continue coverage pending the outcome of an appeal. |
|
30 |
(10) A review agent may not disclose or publish individual medical records or any |
|
31 |
confidential information obtained in the performance of benefit determination or utilization review |
|
32 |
activities. A review agent shall be considered a third-party health insurer for the purposes of §5- |
|
33 |
37.3-6(b)(6) and shall be required to maintain the security procedures mandated in §5-37.3-4(c). |
|
34 |
(b) Non-administrative appeals. In addition to §27-18.9-7(a) utilization review agents shall |
|
|
|
|
1 |
conform to the following for its internal appeals adverse benefit determinations: |
|
2 |
(1) A claimant is deemed to have exhausted the internal claims appeal process when the |
|
3 |
utilization review agent or health care entity fails to strictly adhere to all benefit determination and |
|
4 |
appeal processes with respect to a claim. In this case the claimant may initiate an external appeal |
|
5 |
or remedies under 502(a) of ERISA or other state and federal law, as applicable. |
|
6 |
(2) No reviewer under this section, who has been involved in prior reviews or in the adverse |
|
7 |
benefit determination under appeal or who has participated in the direct care of the beneficiary, |
|
8 |
may participate in reviewing the case under appeal. |
|
9 |
(3) All internal level appeals of utilization review determinations not to authorize a health |
|
10 |
care service that had been ordered by a physician, dentist, or other provider shall be made according |
|
11 |
to the following: |
|
12 |
(i) The reconsideration decision of a non-administrative adverse benefit determination shall |
|
13 |
not be made until the utilization review agent's professional provider with the same licensure status |
|
14 |
as typically manages the condition, procedure, treatment or requested service under discussion has |
|
15 |
spoken to, or otherwise provided for, an equivalent two (2)-way direct communication with the |
|
16 |
beneficiary's attending physician, dentist, other professional provider, or other qualified |
|
17 |
professional provider responsible for treatment of the beneficiary concerning the services under |
|
18 |
review. |
|
19 |
(ii) A review agent who does not utilize a reconsideration process must comply with the |
|
20 |
peer review obligation described in subsection (b)(3)(i) of this section as part of the appeal process. |
|
21 |
(iii) When the appeal of any adverse benefit determination, including an appeal of a |
|
22 |
reconsideration decision, is based in whole or in part on medical judgment including determinations |
|
23 |
with regard to whether a particular service, treatment, drug, or other item is experimental, |
|
24 |
investigational or not medically necessary or appropriate, the reviewer making the appeal decision |
|
25 |
must be appropriately trained having the same licensure status as the ordering provider or be a |
|
26 |
physician or dentist and be in the same or similar specialty as typically manages the condition. |
|
27 |
These qualifications must be provided to the claimant upon request. |
|
28 |
(iv) The utilization review agency reviewer must document and sign their decisions. |
|
29 |
(4) The review agent must ensure that an appropriately licensed practitioner or licensed |
|
30 |
physician is reasonably available to review the case as required under §27-18.9-7 9 (b) and shall |
|
31 |
conform to the following: |
|
32 |
(i) Each agency peer reviewer shall have access to and review all necessary information as |
|
33 |
requested by the agency and/or submitted by the provider(s) and/or beneficiaries; |
|
34 |
(ii) Each agency shall provide accurate peer review contact information to the provider at |
|
|
|
|
1 |
the time of service, if requested, and/or prior to such service, if requested. This contact information |
|
2 |
must provide a mechanism for direct communication with the agency's peer reviewer; and |
|
3 |
(iii) Agency peer reviewers shall respond to the provider's request for a two (2)-way direct |
|
4 |
communication defined in §27-18.9-7 (b) as follows: |
|
5 |
(A) For a prospective review of non-urgent and non-emergent health care services, a |
|
6 |
response within one business day of the request for a peer discussion; |
|
7 |
(B) For concurrent and prospective reviews of urgent and emergent health care services, a |
|
8 |
response within a reasonable period of time of the request for a peer discussion; and |
|
9 |
(C) For retrospective reviews, prior to the internal level appeal decision. |
|
10 |
(5) The review agency will have met the requirements of a two-way direct communication, |
|
11 |
when requested and/or as required prior to the internal level of appeal, when it has made two (2) |
|
12 |
reasonable attempts to contact the attending provider directly. Repeated violations of this section |
|
13 |
shall be deemed to be substantial violations pursuant to §27-18.9-9 and shall be cause for the |
|
14 |
imposition of penalties under that section. |
|
15 |
(6) For the appeal of an adverse benefit determination decision that a drug is not covered, |
|
16 |
the review agent shall complete the internal appeal determination and notify the claimant of its |
|
17 |
determination: |
|
18 |
(i) No later than seventy-two (72) hours following receipt of the appeal request; or |
|
19 |
(ii) No later than twenty-four (24) hours following the receipt of the appeal request in cases |
|
20 |
where the beneficiary is suffering from a health condition that may seriously jeopardize the |
|
21 |
beneficiary's life, health, or ability to regain maximum function or when an beneficiary is |
|
22 |
undergoing a current course of treatment using a non-formulary drug. |
|
23 |
(iii) And if approved on appeal, coverage of the non-formulary drug must be provided for |
|
24 |
the duration of the prescription, including refills unless expedited then for the duration of the |
|
25 |
exigency. |
|
26 |
(7) The review agents using clinical criteria and medical judgment in making utilization |
|
27 |
review decisions shall comply with the following: |
|
28 |
(i) The requirement that each review agent shall provide its clinical criteria to OHIC upon |
|
29 |
request; |
|
30 |
(ii) Provide and use written clinical criteria and review procedures established according |
|
31 |
to nationally accepted standards, evidence based medicine and protocols that are periodically |
|
32 |
evaluated and updated or other reasonable standards required by the commissioner; |
|
33 |
(iii) Establish and employ a process to incorporate and consider local variations to national |
|
34 |
standards and criteria identified herein including without limitation, a process to incorporate input |
|
|
|
|
1 |
from local participating providers; and |
|
2 |
(iv) Updated description of clinical decision criteria to be available to beneficiaries, |
|
3 |
providers, and the office upon request and readily available accessible on the health care entity or |
|
4 |
the review agent's website. |
|
5 |
(8) The review agent shall maintain records of written adverse benefit determination |
|
6 |
reconsiderations and appeals to include their resolution, and shall provide reports and other |
|
7 |
information as requested by the office. |
|
8 |
27-18.9-8. External appeal procedural requirements. |
|
9 |
(a) General requirements. |
|
10 |
(1) In cases where the non-administrative adverse benefit determination or the final internal |
|
11 |
level of appeal to reverse a non-administrative adverse benefit determination is unsuccessful, the |
|
12 |
health care entity or review agent shall provide for an external appeal by an Independent Review |
|
13 |
Organization (IRO) approved by the commissioner and ensure that the external appeal complies |
|
14 |
with all applicable laws and regulations. |
|
15 |
(2) In order to seek an external appeal, claimant must have exhausted the internal claims |
|
16 |
and appeal process unless the utilization review agent or health care entity has waived the internal |
|
17 |
appeal process by failing to comply with the internal appeal process or the claimant has applied for |
|
18 |
expedited external review at the same time as applying for expedited internal review. |
|
19 |
(3) A claimant shall have at least four (4) months after receipt of a notice of the decision |
|
20 |
on a final internal appeal to request an external appeal by an IRO. |
|
21 |
(4) Health care entities and review agents must use a rotational IRO registry system |
|
22 |
specified by the commissioner, and must select an IRO in the rotational manner described in the |
|
23 |
IRO registry system. |
|
24 |
(5) A claimant requesting an external appeal may be charged no more than a twenty-five |
|
25 |
dollars ($25.00) external appeal fee by the review agent. The external appeal fee, if charged, must |
|
26 |
be refunded to the claimant if the adverse benefit determination is reversed through external review. |
|
27 |
The external appeal fee must be waived if payment of the fee would impose an undue financial |
|
28 |
hardship on the beneficiary. In addition, the annual limit on external appeal fees for any beneficiary |
|
29 |
within a single plan year (in the individual market, within a policy year) must not exceed seventy- |
|
30 |
five dollars ($75.00). |
|
31 |
(6) IRO and/or the review agent and or the health care entity may not impose a minimum |
|
32 |
dollar amount of a claim for a claim to be eligible for external review by an IRO. |
|
33 |
(7) The decision of the external appeal by the IRO shall be binding on the health care entity |
|
34 |
and/or review agent; however, any person who is aggrieved by a final decision of the external |
|
|
|
|
1 |
appeal agency is entitled to judicial review in a court of competent jurisdiction. |
|
2 |
(8) The health care entity must provide benefits (including making payment on the claim) |
|
3 |
pursuant to an external review decision without delay regardless whether the health care entity or |
|
4 |
review agent intends to seek judicial review of the IRO decision. |
|
5 |
(9) The commissioner shall promulgate rules and regulations including, but not limited to, |
|
6 |
criteria for designation, operation, policy, oversight, and termination of designation as an IRO. The |
|
7 |
IRO shall not be required to be certified under this chapter for activities conducted pursuant to its |
|
8 |
designation. |
|
9 |
(b) The external appeal process shall include, but not be limited to, the following |
|
10 |
characteristics: |
|
11 |
(1) The claimant must be noticed that he/she shall have at least five (5) business days from |
|
12 |
receipt of the external appeal notice to submit additional information to the IRO. |
|
13 |
(2) The IRO must notice the claimant of its external appeal decision to uphold or overturn |
|
14 |
the review agency decision: |
|
15 |
(i) No more than ten (10) calendar days from receipt of all the information necessary to |
|
16 |
complete the external review and not greater than forty-five (45) calendar days after the receipt of |
|
17 |
the request for external review; and |
|
18 |
(ii) In the event of an expedited external appeal by the IRO for urgent or emergent care, as |
|
19 |
expeditiously as possible and no more than seventy-two (72) hours after the receipt of the request |
|
20 |
for the external appeal by the IRO. Notwithstanding provisions in this section to the contrary, this |
|
21 |
notice may be made orally but must be followed by a written decision within forty-eight (48) hours |
|
22 |
after oral notice is given. |
|
23 |
(3) For an external appeal of an internal appeal decision that a drug is not covered the IRO |
|
24 |
shall complete the external appeal determination and notify the claimant of its determination: |
|
25 |
(i) No later than seventy-two (72) hours following receipt of the external appeal request, |
|
26 |
or; |
|
27 |
(ii) No later than twenty-four (24) hours following the receipt of the external appeal request |
|
28 |
if the original request was an expedited request; and |
|
29 |
(iii) If approved on external appeal, coverage of the non-formulary drug must be provided |
|
30 |
for the duration of the prescription, including refills, unless expedited then for the duration of the |
|
31 |
exigencies. |
|
32 |
(c) External appeal decision notifications. The health care entity and review agent must |
|
33 |
ensure that the IRO adheres the following relative to decision notifications: |
|
34 |
(1) May be written or electronic with reasonable assurance of receipt by claimant unless |
|
|
|
|
1 |
urgent or emergent. If urgent or emergent, oral notification is acceptable followed by written or |
|
2 |
electronic notification within three (3) calendar days; |
|
3 |
(2) Must be culturally and linguistically appropriate; |
|
4 |
(3) The details of claim that is being denied to include the date of service, provider name, |
|
5 |
amount of claim, diagnostic code and treatment costs with corresponding meanings; |
|
6 |
(4) Must include the specific reason or reasons for the external appeal decision; |
|
7 |
(5) Must include information for claimant as to procedure to obtain copies of any and all |
|
8 |
information relevant to the external appeal which copies must be provided to the claimant free of |
|
9 |
charge; and; |
|
10 |
(6) Must not be written in a manner that could reasonably be expected to negatively impact |
|
11 |
the beneficiary. |
|
12 |
27-18.9-9. Reporting requirements. |
|
13 |
The office shall establish reporting requirements to determine if adverse benefit |
|
14 |
determination and/or utilization review programs are in compliance with the provisions of this |
|
15 |
chapter and applicable regulations as well as in compliance with applicable federal law. |
|
16 |
27-18.9-10. Rules and regulations. |
|
17 |
The health insurance commissioner may promulgate such rules and regulations as are |
|
18 |
necessary and proper to effectuate the purpose and for the efficient administration and enforcement |
|
19 |
of this chapter. |
|
20 |
27-18.9-11. Waiver of requirements. |
|
21 |
(a) The office shall waive the requirements of this chapter only when a conflict exists with |
|
22 |
those activities of a review agent that are conducted pursuant to contracts with the state or the |
|
23 |
federal government or those activities under other state or federal jurisdictions. |
|
24 |
(b) The office shall waive de minimus activity, in accordance with the regulations adopted |
|
25 |
by the commissioner. |
|
26 |
27-18.9-12. Variance of statutory requirements. |
|
27 |
Statutory variances shall be issued for a period not to exceed one year and may be subject |
|
28 |
to such terms and conditions deemed necessary as determined by the commissioner. Prior to issuing |
|
29 |
a statutory variance the office may provide notice and public hearing to ensure necessary |
|
30 |
beneficiary and health care provider protections in the process. |
|
31 |
27-18.9-13. Denial, suspension, or revocation of certificate. |
|
32 |
Adopted pursuant to this chapter; |
|
33 |
(a) The office may deny a certificate or certification upon review of the application if, upon |
|
34 |
review of the application, it finds that the applicant proposing to conduct utilization review does |
|
|
|
|
1 |
not meet the standards required by this chapter or by any regulations promulgated pursuant to this |
|
2 |
chapter. |
|
3 |
(b) The office may revoke or suspend a certificate or certification and/or impose monetary |
|
4 |
penalties not less than one hundred dollars ($100) and not to exceed fifty thousand dollars ($50,000) |
|
5 |
per violation and/or impose an order requiring a monetary restitution or disgorgement payment in |
|
6 |
an amount determined by the commissioner to reasonably reflect the amount of damages caused or |
|
7 |
monies improperly obtained in any case in which: |
|
8 |
(1) The health care entity and/or review agent fails to comply with the requirements of this |
|
9 |
chapter or of regulations; |
|
10 |
(2) The review agent/network plan and or health care entity and/or review agent fails to |
|
11 |
comply with the criteria used by it in its application for a certificate or certification; or |
|
12 |
(3) The health care entity and/or review agent refuses to permit or fails to reasonably |
|
13 |
cooperate with an examination by the commissioner to determine compliance with the requirements |
|
14 |
of this chapter and regulations promulgated pursuant to the authority granted to the commissioner |
|
15 |
in this chapter. These determinations may involve consideration of any written grievances filed |
|
16 |
with the office against the health care entity and/or review agent by patients or providers. |
|
17 |
(c) Any applicant or certificate or certification holder aggrieved by an order or a decision |
|
18 |
of the commissioner made under this chapter without a hearing may, within thirty (30) days after |
|
19 |
notice of the order or decision, make a written request to the office for a hearing on the order or |
|
20 |
decision pursuant to §42-35-15. |
|
21 |
(d) The procedure governing hearings authorized by this section shall be in accordance |
|
22 |
with §§42-35-9 through 42-35-13 as stipulated in §42-35-14(a). A full and complete record shall |
|
23 |
be kept of all proceedings, and all testimony shall be recorded but need not be transcribed unless |
|
24 |
the decision is appealed pursuant to §42-35-15. A copy or copies of the transcript may be obtained |
|
25 |
by any interested party upon payment of the cost of preparing the copy or copies. Witnesses may |
|
26 |
be subpoenaed by either party. |
|
27 |
27-18.9-14. Penalties and enforcement. |
|
28 |
For the purposes of this chapter, in addition to the provisions of §27-18.9-13, a health care |
|
29 |
entity and/or review agent or any person or entity conducting any activities requiring certification |
|
30 |
under this chapter shall be subject to the penalty and enforcement provisions of title 27 and chapters |
|
31 |
14 and 14.5 of title 42 and the regulations promulgated thereunder in the same manner as a licensee |
|
32 |
or any person or entity conducting any activities requiring licensure or certification under title 27. |
|
33 |
27-18.9-15. Severability. |
|
34 |
If any provision of this chapter or the application of any provision to any person or |
|
|
|
|
1 |
circumstance shall be held invalid, that invalidity shall not affect the provisions or application of |
|
2 |
this chapter which can be given effect without the invalid provision or application, and to this end |
|
3 |
the provisions of this chapter are declared to be severable. |
|
4 |
SECTION 6. Section 36-4-2 of the General Laws in Chapter 36-4 entitled "Merit System" |
|
5 |
is hereby amended to read as follows: |
|
6 |
36-4-2. Positions in unclassified service. |
|
7 |
(a) The classified service shall comprise all positions in the state service, now existing or |
|
8 |
hereinafter established, except the following specific positions which, with other positions |
|
9 |
heretofore or hereinafter specifically exempted by legislative act, shall constitute the unclassified |
|
10 |
service: |
|
11 |
(1) Officers and legislators elected by popular vote and persons appointed to fill vacancies |
|
12 |
in elective offices. |
|
13 |
(2) Employees of both houses of the general assembly. |
|
14 |
(3) Officers, secretaries, and employees of the office of the governor, office of the |
|
15 |
lieutenant governor, department of state, department of the attorney general, and the treasury |
|
16 |
department. |
|
17 |
(4) Members of boards and commissions appointed by the governor, members of the state |
|
18 |
board of elections and the appointees of the board, members of the commission for human rights |
|
19 |
and the employees of the commission, and directors of departments. |
|
20 |
(5) The following specific offices: |
|
21 |
(i) In the department of
administration: director, chief information officer, |
|
22 |
|
|
23 |
director, chief of staff, public information officer and legislative/policy director, and within the |
|
24 |
health benefits exchange: director, deputy director, administrative assistant, senior policy analyst, |
|
25 |
and chief strategic planning monitoring and evaluation; |
|
26 |
(ii) In the department of business regulation: director; |
|
27 |
(iii) In the department of elementary and secondary education: commissioner of elementary |
|
28 |
and secondary education; |
|
29 |
(iv) In the department of higher education: commissioner of postsecondary education; |
|
30 |
(v) In the department of health: director, executive director, and deputy director; |
|
31 |
(vi) In the department of labor and training: director, administrative assistant, administrator |
|
32 |
of the labor board and legal counsel to the labor board, executive director, and communications |
|
33 |
director; |
|
34 |
(vii) In the department of environmental management: director; |
|
|
|
|
1 |
(viii) In the department of transportation: director, chief operating officer, |
|
2 |
administrator/division of project management, administrator/division of planning, chief of staff, |
|
3 |
communications director, legislative director, and policy director; |
|
4 |
(ix) In the department of human services: director and director of veterans' affairs; |
|
5 |
(x) In the state properties committee: secretary; |
|
6 |
(xi) In the workers' compensation court: judges, administrator, deputy administrator, clerk, |
|
7 |
assistant clerk, clerk secretary; |
|
8 |
(xii) In the division of elderly affairs: director; |
|
9 |
(xiii) In the department of behavioral healthcare, developmental disabilities and hospitals: |
|
10 |
director; |
|
11 |
(xiv) In the department of corrections: director, assistant director (institutions/operations), |
|
12 |
assistant director (rehabilitative services), assistant director (administration), and wardens; |
|
13 |
(xv) In the department of children, youth and families: director, one assistant director, one |
|
14 |
associate director, one executive director, and a chief of staff; |
|
15 |
(xvi) In the public utilities commission: public utilities administrator; |
|
16 |
(xvii) In the water resources board: general manager; |
|
17 |
(xviii) In the human resources investment council: executive director. |
|
18 |
(xix) In the office of health and human services: secretary of health and human services. |
|
19 |
(xx) In the office of commerce: secretary, deputy secretary, chief of staff, communications |
|
20 |
director, legislative director, and policy director. |
|
21 |
(6) Chief of the hoisting engineers, licensing division, and his or her employees; executive |
|
22 |
director of the veterans memorial building and his or her clerical employees. |
|
23 |
(7) One confidential stenographic secretary for each director of a department and each |
|
24 |
board and commission appointed by the governor. |
|
25 |
(8) Special counsel, special prosecutors, regular and special assistants appointed by the |
|
26 |
attorney general, the public defender and employees of his or her office, and members of the Rhode |
|
27 |
Island bar occupying a position in the state service as legal counsel to any appointing authority. |
|
28 |
(9) The academic and/or commercial teaching staffs of all state institution schools, with |
|
29 |
the exception of those institutions under the jurisdiction of the board of regents for elementary and |
|
30 |
secondary education and the board of governors for higher education. |
|
31 |
(10) Members of the military or naval forces, when entering or while engaged in the |
|
32 |
military or naval service. |
|
33 |
(11) Judges, referees, receivers, clerks, assistant clerks, and clerical assistants of the |
|
34 |
supreme, superior, family, and district courts, the traffic tribunal, security officers of the traffic |
|
|
|
|
1 |
tribunal, jurors, and any persons appointed by any court. |
|
2 |
(12) Election officials and employees. |
|
3 |
(13) Deputy sheriffs and other employees of the sheriffs division within the department of |
|
4 |
public safety. |
|
5 |
(14) Patient or inmate help in state charitable, penal, and correctional institutions and |
|
6 |
religious instructors of these institutions and student nurses in training, residents in psychiatry in |
|
7 |
training, and clinical clerks in temporary training at the institute of mental health within the state |
|
8 |
of Rhode Island medical center. |
|
9 |
(15) (i) Persons employed to make or conduct a temporary and special inquiry, |
|
10 |
investigation, project, or examination on behalf of the legislature, or a committee therefor, or on |
|
11 |
behalf of any other agency of the state if the inclusion of these persons in the unclassified service |
|
12 |
is approved by the personnel administrator. The personnel administrator shall notify the house |
|
13 |
fiscal advisor and the senate fiscal advisor whenever he or she approves the inclusion of a person |
|
14 |
in the unclassified service. |
|
15 |
(ii) The duration of the appointment of a person, other than the persons enumerated in this |
|
16 |
section, shall not exceed ninety (90) days or until presented to the department of administration. |
|
17 |
The department of administration may extend the appointment another ninety (90) days. In no event |
|
18 |
shall the appointment extend beyond one hundred eighty (180) days. |
|
19 |
(16) Members of the division of state police within the department of public safety. |
|
20 |
(17) Executive secretary of the Blackstone Valley district commission. |
|
21 |
(18) Artist and curator of state-owned art objects. |
|
22 |
(19) Mental health advocate. |
|
23 |
(20) Child advocate. |
|
24 |
(21) The position of aquaculture coordinator and marine infrastructure specialist within the |
|
25 |
coastal resources management council. |
|
26 |
(22) Employees of the office of the health insurance commissioner. |
|
27 |
(23) In the department of revenue: the director, secretary, attorney. |
|
28 |
(24) In the department of public safety: the director and cybersecurity officer. |
|
29 |
(b) Provided, however, that, if any position added to the unclassified service by legislative |
|
30 |
act after January 1, 2015, is occupied by a classified employee on June 30, 2015, such position |
|
31 |
shall remain in the classified service until such position becomes vacant. |
|
32 |
SECTION 7. Section 36-4-34.1 of the General Laws in Chapter 36-4 entitled "Merit |
|
33 |
System" is hereby amended to read as follows: |
|
34 |
36-4-34.1. Transfer of state employees. |
|
|
|
|
1 |
(a) The director of the department of administration (the "director") is hereby authorized |
|
2 |
to transfer any employee within the executive branch who is not covered by a collective bargaining |
|
3 |
unit as provided in chapter 11 of this title. Any employee may be transferred to a comparable |
|
4 |
position upon the approval of the director of the department of administration and the personnel |
|
5 |
administrator. The transfers may be initially authorized for a period up to one year's duration and |
|
6 |
may be further extended with the approval of the personnel administrator (the "personnel |
|
7 |
administrator"). |
|
8 |
(b) Within seven (7) days of making a transfer of an employee or further extending the |
|
9 |
duration of a transfer as provided by subsection (a), the director making the transfer or the personnel |
|
10 |
administrator extending the transfer shall file a written report with the speaker of the house, the |
|
11 |
senate president, and the chairpersons of the house and senate finance committees, for each |
|
12 |
employee to be transferred. This report shall include: |
|
13 |
(1) The identity of the employee; |
|
14 |
(2) The employee's current work position and location, and the proposed new work position |
|
15 |
and location; |
|
16 |
(3) The reason(s) for the employee transfer; |
|
17 |
(4) The specific task(s) to be assigned to and completed by the transferred employee; |
|
18 |
(5) An explanation of how the task(s) to be completed by the transferred employee relates |
|
19 |
to the mission of the transferee department, division or agency; and |
|
20 |
(6) The anticipated duration of the employee's transfer. |
|
21 |
SECTION 8. Section 44-1-14 of the General Laws in Chapter 44-1 entitled “State Tax |
|
22 |
Officials” is hereby amended as follows: |
|
23 |
44-1-14. Disclosure of information to tax officials of federal government or other |
|
24 |
states, or to other persons. |
|
25 |
Notwithstanding any other provision of law: |
|
26 |
(1) The tax administrator may make available: (i) to the taxing officials of any other states |
|
27 |
or of the federal government for tax purposes only any information that the administrator may |
|
28 |
consider proper contained in tax reports or returns or any audit or the report of any investigation |
|
29 |
made with respect to them, filed pursuant to the tax laws of this state; provided, that other states or |
|
30 |
the federal government grant like privileges to the taxing officials of this state; and/or (ii) to an |
|
31 |
officer or employee of the office of internal audit of the Rhode Island department of administration |
|
32 |
any information that the administrator may consider proper contained in tax reports or returns or |
|
33 |
any audit or the report of any investigation made with respect to them, filed pursuant to the tax laws |
|
34 |
of this state, to whom disclosure is necessary for the purposes of fraud detection and prevention in |
|
|
|
|
1 |
any state or federal program. |
|
2 |
(2) The tax administrator shall not permit any federal return or federal return information |
|
3 |
to be inspected by, or disclosed to, an individual who is the chief executive officer of the state or |
|
4 |
any person other than: |
|
5 |
(i) To another employee of the tax division for the purpose of, and only to the extent |
|
6 |
necessary in, the administration of the state tax laws for which the tax division is responsible; |
|
7 |
(ii) To another officer or employee of the state to whom the disclosure is necessary in |
|
8 |
connection with processing, storage, and transmission of those returns and return information and |
|
9 |
solely for purposes of state tax administration; |
|
10 |
(iii) To another person for the purpose of, but only to the extent necessary in, the |
|
11 |
programming, maintenance, repair, testing, and procurement of equipment used in processing or |
|
12 |
transmission of those returns and return information; or |
|
13 |
(iv) To a legal representative of the tax division, personally and directly engaged in, and |
|
14 |
solely for use in, preparation for a civil or civil criminal proceeding (or investigation which may |
|
15 |
result in a proceeding) before a state administrative body, grand jury, or court in a matter involving |
|
16 |
state tax administration, but only if: |
|
17 |
(A) The taxpayer is or may be a party to the proceeding; |
|
18 |
(B) The treatment of an item reflected on the return is or may be related to the resolution |
|
19 |
of an issue in the proceeding or investigation; or |
|
20 |
(C) The return or return information relates, or may relate, to a transactional relationship |
|
21 |
between a person who is or may be a party to the proceeding and the taxpayer that affects or may |
|
22 |
affect the resolution of an issue in a proceeding or investigation. |
|
23 |
SECTION 9. Section 36-4-16.4 of the General Laws in Chapter 36-4 entitled "Merit |
|
24 |
System" is hereby amended to read as follows: |
|
25 |
36-4-16.4. Salaries of directors. |
|
26 |
(a) In the month of March of each year, the department of administration shall conduct a |
|
27 |
public hearing to determine salaries to be paid to directors of all state executive departments for the |
|
28 |
following year, at which hearing all persons shall have the opportunity to provide testimony, orally |
|
29 |
and in writing. In determining these salaries, the department of administration will take into |
|
30 |
consideration the duties and responsibilities of the aforenamed officers, as well as such related |
|
31 |
factors as salaries paid executive positions in other states and levels of government, and in |
|
32 |
comparable positions anywhere which require similar skills, experience, or training. Consideration |
|
33 |
shall also be given to the amounts of salary adjustments made for other state employees during the |
|
34 |
period that pay for directors was set last. |
|
|
|
|
1 |
(b) Each salary determined by the department of administration will be in a flat amount, |
|
2 |
exclusive of such other monetary provisions as longevity, educational incentive awards, or other |
|
3 |
fringe additives accorded other state employees under provisions of law, and for which directors |
|
4 |
are eligible and entitled. |
|
5 |
(c) In no event will the department of administration lower the salaries of existing directors |
|
6 |
during their term of office. |
|
7 |
(d) Upon determination by the department of administration, the proposed salaries of |
|
8 |
directors will be referred to the general assembly by the last day in April of that year to go into |
|
9 |
effect thirty (30) days hence, unless rejected by formal action of the house and the senate acting |
|
10 |
concurrently within that time. |
|
11 |
(e) Notwithstanding the provisions of this section, for 2015 only, the time period for the |
|
12 |
Department of Administration to conduct the public hearing shall be extended to July and the |
|
13 |
proposed salaries shall be referred to the general assembly by August 30. The salaries may take |
|
14 |
effect before next year, but all other provisions of this section shall apply. |
|
15 |
(f) Notwithstanding the provisions of this section or any law to the contrary, for 2017 only, |
|
16 |
the salaries of the director of the department of transportation, the secretary of health and human |
|
17 |
services, and the director of administration shall be determined by the governor. |
|
18 |
SECTION 10. Sections 1 through 5 shall take effect as of January 1, 2018; provided |
|
19 |
however, upon passage, the Office of the Health Insurance Commissioner may waive the filing and |
|
20 |
other requirements for entities that would not be required to file or become subject to oversight |
|
21 |
consistent with the terms of Sections 1 through 5. Sections 6 and 9 shall take effect upon passage, |
|
22 |
and sections 7 and 8 shall take effect as of July 1, 2017. |
|
|
|
======= |
||
art.006/3/006/2/016/1 |
||
======= |
||
1 |
ARTICLE 6 |
|
2 |
RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTION |
|
3 |
SECTION 1. This article consists of joint resolutions that is submitted pursuant to Rhode |
|
4 |
Island General Law § 35-18-1, et seq. |
|
5 |
SECTION 2. Confined Aquatic Dredged Material Disposal Cells. |
|
6 |
WHEREAS, over the past year the Army Corps of Engineers has approached the Coastal |
|
7 |
Resources Management Council to act as the local sponsor to the federal action of maintaining the |
|
8 |
depths of the Providence River and Harbor Shipping Channel; and |
|
9 |
WHEREAS, the Providence River and Shipping Channel was last maintained in 2003; and |
|
10 |
WHEREAS, the project will include dredging and removal of sediments not suitable for |
|
11 |
ocean disposal, and thus will require the construction of a new Confined Aquatic Disposal (CAD) |
|
12 |
Cell to dispose and sequester those sediments; and |
|
13 |
WHEREAS, CAD cells are constructed in aquatic environments to reduce the |
|
14 |
environmental risk from sediments not suitable for ocean disposal by storing these sediments in a |
|
15 |
depression in the bottom of the aquatic system; and |
|
16 |
WHEREAS, CAD cells offer a major economic value, as a significant cost of disposing |
|
17 |
dredged materials is in the transportation of the dredged material to a disposal location; and |
|
18 |
WHEREAS, having CAD cells located within hundreds of feet from a dredging operation |
|
19 |
saves local port operators millions of dollars over the 10-year life of those cells; and |
|
20 |
WHERAS, the Coastal Resources Management Council seeks to build additional capacity |
|
21 |
in the CAD Cells beyond that required only for this specific project, in order to account for the |
|
22 |
many port, maritime, and marina facilities that also have the need to dredge material at their |
|
23 |
facilities, which may not be suitable for ocean disposal, thereby saving these entities significant |
|
24 |
cost, in both sediment testing and transportation of the material to other locations, due to the fact |
|
25 |
that the existing CAD cells in the river have reached their useful ten-year design life; and |
|
26 |
WHEREAS, with the approval by the voters of the 2016 Rhode Island Port Infrastructure |
|
27 |
Bond referendum, the need to maintain the viability of port and maritime operations, the state's |
|
28 |
marine trades industry, and the increase economic value of ProvPort, increased disposal capacities |
|
29 |
from new CAD cells are needed; and |
|
30 |
WHEREAS, the Army Corps of Engineers expects to begin maintenance of the Providence |
|
|
|
|
1 |
River and Harbor Shipping Channel in the fall of 2018, the total cost share of the local sponsor are |
|
2 |
required by the end of FY 2018; and |
|
3 |
WHEREAS, the project is considered a federal maintenance project, the State is required |
|
4 |
to pay for the creation of the CAD cell only at an up-front cost share of thirty five percent (35%); |
|
5 |
and |
|
6 |
WHEREAS, the project costs associated with this project is estimated to be eleven million |
|
7 |
dollars ($11.0 million), with five hundred thousand dollars ($500,000) derived from the Coastal |
|
8 |
Resources Management Council Dredge Fund. The total financing obligation of the State of Rhode |
|
9 |
Island would be approximately ten million five hundred thousand dollars ($10.5 million), with ten |
|
10 |
million four hundred thousand dollars ($10.4 million) deposited in the project fund and one hundred |
|
11 |
thousand dollars ($100,000) allocated to pay the associated costs of financing. Total payments on |
|
12 |
the State's obligation over ten (10) years on the ten million five hundred thousand dollars ($10.5 |
|
13 |
million) issuance are projected to be thirteen million six hundred thousand dollars ($13.6 million) |
|
14 |
assuming an average interest rate of five percent (5.0%). A minimum of five million dollars ($5.0 |
|
15 |
million) of the total principal and interest payments shall be financed from an increase in fees |
|
16 |
charged to marine operators to deposit their dredged materials into CAD cells, with general revenue |
|
17 |
appropriations used to supplement fee revenues. General revenue appropriations shall finance |
|
18 |
principal and interest payments in any fiscal year that fee revenues are insufficient; now, therefore, |
|
19 |
be it |
|
20 |
RESOLVED, that this General Assembly hereby approves financing in an amount not to |
|
21 |
exceed ten million five hundred thousand dollars ($10.5 million) for the provision of funds for the |
|
22 |
Confined Aquatic Disposal Cells project, including one hundred thousand dollars ($100,000) to |
|
23 |
pay costs of financing. |
|
24 |
SECTION 3. Energy Performance Contract – University of Rhode Island – Phase 3 |
|
25 |
WHEREAS, the Council on Postsecondary Education and the University of Rhode Island, |
|
26 |
herby referred to as "the University," are proposing projects that involve the implementation of |
|
27 |
professionally guided capital investments in energy efficiency improvements to University |
|
28 |
buildings and infrastructure that will pay for themselves through cost avoidance, while reducing |
|
29 |
long-term energy consumption associated with operations; and |
|
30 |
WHEREAS, the University presently manages over three hundred twenty four (324) |
|
31 |
buildings, with associated utility infrastructure, containing over four million eight hundred fifty |
|
32 |
thousand (4,850,000) square feet of space, a majority of which was constructed over thirty years |
|
33 |
ago. Energy efficiency has become a vital feature of the institution's fiscal responsibility; and |
|
34 |
WHEREAS, energy performance contracting has been significantly enhanced and refined, |
|
|
|
|
1 |
and many examples exist of programs successfully employed around the country that are prudent |
|
2 |
from both a fiscal management and an environmental stewardship perspective; and |
|
3 |
WHEREAS, various private sector companies, hereinafter referred to as energy service |
|
4 |
companies or "ESCOs", are willing to guarantee the performance of the improvements yielding |
|
5 |
energy savings to pay for the cost of the replacement of antiquated and inefficient equipment, |
|
6 |
including boilers, heating and air conditioning, lighting and other building systems and equipment; |
|
7 |
and |
|
8 |
WHEREAS, the higher education system has successfully participated with the state |
|
9 |
department of administration in a request for proposal process to enter into an energy performance |
|
10 |
contract with ESCO to provide investment grade energy audit evaluations, design, installation, and |
|
11 |
maintenance services, as well as assistance in securing rebate resources and the guarantee of the |
|
12 |
energy or water saving performance of the installed retrofit measures; and |
|
13 |
WHEREAS, the evaluations of an energy service company further affirms the significant |
|
14 |
opportunity to implement energy conservation improvements on a building-by-building basis that |
|
15 |
pay for themselves through operating budget savings within a fifteen year period; and |
|
16 |
WHEREAS, tax exempt financing via "certificates of participation," with associated debt |
|
17 |
service supported for the financing term by energy cost avoidance (i.e., by redirecting dollars that |
|
18 |
would have paid for utility consumption, but with the improvements can be redeployed to repay |
|
19 |
the financing) is the most cost effective means of supporting the investment in energy efficiency |
|
20 |
improvements under this program; and |
|
21 |
WHEREAS, the University is seeking to undertake energy performance contracts to |
|
22 |
replace obsolete equipment with new equipment and infrastructure components employing high |
|
23 |
energy efficient technologies, to employ insulation and weatherization measures, and to deploy |
|
24 |
measures that sustain the highest performance levels for these improvements; and |
|
25 |
WHEREAS, the estimated cost of such contracts are for the University, an amount not to |
|
26 |
exceed eleven million six hundred thousand dollars ($11.6 million), with the request to the state to |
|
27 |
have with ten million five hundred thousand dollars ($10.5 million) deposited into the construction |
|
28 |
fund, six hundred ninety-six thousand dollars ($696,000) deposited in a capitalized interest fund, |
|
29 |
and four hundred thirty thousand dollars ($430,000) to pay associated costs of financing. Total |
|
30 |
payments on the state's obligation over fifteen (15) years on the eleven million six hundred thousand |
|
31 |
dollars ($11.6 million) issuance are projected to be sixteen million eight hundred thousand dollars |
|
32 |
($16.8 million), assuming an average effective interest rate of five percent (5.0%), the payments |
|
33 |
would be derived by the University from energy savings; now, therefore, be it |
|
34 |
RESOLVED, that the University is authorized to proceed with the aforementioned projects |
|
|
|
|
1 |
in the amounts specified above; and be it further |
|
2 |
RESOLVED, that these contracts will be structured so that, at a minimum, the annual |
|
3 |
principal, interest and service and maintenance costs resulting from these contracts would be fully |
|
4 |
offset by the cumulative annual energy savings derived from energy efficiency improvements, the |
|
5 |
performance of which being guaranteed by the ESCOs; and be it further |
|
6 |
RESOLVED, that these contracts would be multi-year contracts of up to a term of fifteen |
|
7 |
(15) years. In addition to saving energy and helping to protect the University from future energy |
|
8 |
cost increases, these contracts would aid in reducing maintenance costs by providing new, efficient |
|
9 |
equipment and technology that outperforms older higher energy consuming systems; and be it |
|
10 |
further |
|
11 |
RESOLVED, that this joint resolution shall take effect immediately upon its passage. |
|
12 |
SECTION 4. White Horn Brook Apartments – University of Rhode Island. |
|
13 |
WHEREAS, the Rhode Island Council on Postsecondary Education is proposing a project |
|
14 |
which involves the construction of a new residence hall on the west bank of the White Horn Brook |
|
15 |
located in the northwest corner of the Kingston campus of the University of Rhode Island in the |
|
16 |
Town of South Kingstown, Rhode Island; and |
|
17 |
WHEREAS, the growth of undergraduate student enrollment is critical to the fiscal health |
|
18 |
of the University; and |
|
19 |
WHEREAS, there is high undergraduate student demand for apartment style on campus |
|
20 |
housing; and |
|
21 |
WHEREAS, the University is committed to providing adequate and appropriate housing |
|
22 |
opportunities for its students; and |
|
23 |
WHEREAS, the University continues to undertake significant improvements to existing |
|
24 |
dormitory style housing facilities and has built new units that offer both suite style and apartment |
|
25 |
living options with the goal of providing over fifty percent (50%) of its undergraduate students on |
|
26 |
campus housing in keeping with its peer institutions; and |
|
27 |
WHEREAS, apartment style housing units are critical for the on campus retention of third |
|
28 |
and fourth year students that often seek alternative housing off campus; and |
|
29 |
WHEREAS, a recent market study has demonstrated that the market demand for additional, |
|
30 |
apartment style campus housing indicates that this project will be fully occupied upon completion |
|
31 |
and into the future; and |
|
32 |
WHEREAS, the Rhode Island Public Corporation Debt Management Act requires the |
|
33 |
General Assembly to provide its consent to the issuance or incurring by the State of Rhode Island |
|
34 |
and other public agencies of certain obligations including financing guarantees or other agreements; |
|
|
|
|
1 |
and |
|
2 |
WHEREAS, the design and construction of the project will be financed through Rhode |
|
3 |
Island Health and Educational Building (RIHEBC) revenue bonds, with an expected term of thirty |
|
4 |
(30) years; and |
|
5 |
WHEREAS, the total project costs associated with the completion of the project and |
|
6 |
proposed financing method would be supported approximately ninety-five percent (95%) by |
|
7 |
auxiliary fee revenues for URI Housing and Residential Life for the apartment building and |
|
8 |
approximately five percent (5%) by University general funds for site enabling facility relocation, |
|
9 |
utility and hardscape and landscape infrastructure and site work; and |
|
10 |
WHEREAS, the project is currently in design and targeting a total project financing cost |
|
11 |
of eighty eight million seven hundred and eighty seven thousand dollars ($88,787,000) in RIHEBC |
|
12 |
bonds, with a request to have seventy eight million four hundred forty thousand dollars |
|
13 |
($78,440,000) deposited into a construction fund, eight million thirty seven thousand dollars |
|
14 |
($8,037,000) deposited in a capitalized interest fund, and two million three hundred ten thousand |
|
15 |
dollars ($2,310,000) to pay associated cost of financing, and with an assumed interest rate of five |
|
16 |
percent (5%) debt service repayments will not exceed one hundred seventy three million two |
|
17 |
hundred seventy one thousand and six hundred fifty three dollars ($173,271,653); and |
|
18 |
WHEREAS, the University has been advised by its architectural and project management |
|
19 |
firms to anticipate potential additional escalation of construction costs leading up to the final |
|
20 |
pricing of the construction of this project; now, therefore, be it |
|
21 |
RESOLVED, that the General Assembly hereby approves financing in an amount not to |
|
22 |
exceed total debt service payments of one hundred seventy three million two hundred seventy one |
|
23 |
thousand and six hundred fifty three dollars ($173,271,653) for construction of a new apartment |
|
24 |
style residence facility on the University of Rhode Island Kingston Campus, with the not-to-exceed |
|
25 |
amount to be financed determined by the actual financing interest rate at the time of the bond |
|
26 |
issuance; and be it further |
|
27 |
RESOLVED, that this joint resolution shall take effect immediately upon its passage. |
|
28 |
SECTION 5. This resolution shall apply to financing obligations issued within four (4) |
|
29 |
years of the date of passage of this resolution. |
|
30 |
SECTION 6. This article shall take effect upon passage. |
|
|
|
======= |
||
art.007/5/007/4/007/3/007/2/007/1 |
||
======= |
||
1 |
ARTICLE 7 |
|
2 |
RELATING TO STATE FUNDS |
|
3 |
SECTION 1. Section 21-28.6-17 of the General Laws in Chapter 21-28.6 entitled "The |
|
4 |
Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act" is hereby amended to read as |
|
5 |
follows: |
|
6 |
21-28.6-17. Revenue. |
|
7 |
(a) Effective July 1, 2016, all fees collected by the departments of health and business |
|
8 |
regulation from applicants, registered patients, primary caregivers, authorized purchasers, licensed |
|
9 |
cultivators, |
|
10 |
shall be placed in restricted receipt accounts to support the
state's medical marijuana program |
|
11 |
including but not limited to payment of expenses incurred by the departments of health and business |
|
12 |
regulation for the administration of the program. |
|
13 |
(b) All revenues remaining in the restricted receipt accounts after payments specified in |
|
14 |
subdivision (a) of this section shall first be paid to cover any existing deficit in the department of |
|
15 |
health's restricted receipt account or the department of business regulation's restricted receipt |
|
16 |
account. These transfers shall be made annually on the last business day of the fiscal year. |
|
17 |
(c) All revenues remaining in the restricted receipt accounts after payments specified in |
|
18 |
subdivisions (a) and (b) shall be paid into the state's general fund. These payments shall be made |
|
19 |
annually on the last business day of the fiscal year. |
|
20 |
SECTION 2. Section 35-4-27 of the General Laws in Chapter 35-4 entitled "State Funds" |
|
21 |
is hereby amended to read as follows: |
|
22 |
35-4-27. Indirect cost recoveries on restricted receipt accounts. |
|
23 |
Indirect cost recoveries of ten percent (10%) of cash receipts shall be transferred from all |
|
24 |
restricted-receipt accounts, to be recorded as general revenues in the general fund. However, there |
|
25 |
shall be no transfer from cash receipts with restrictions received exclusively: (1) From contributions |
|
26 |
from non-profit charitable organizations; (2) From the assessment of indirect cost recovery rates |
|
27 |
on federal grant funds; or (3) Through transfers from state agencies to the department of |
|
28 |
administration for the payment of debt service. These indirect cost recoveries shall be applied to all |
|
29 |
accounts, unless prohibited by federal law or regulation, court order, or court settlement. The |
|
30 |
following restricted receipt accounts shall not be subject to the provisions of this section: |
|
|
|
|
1 |
Executive Office of Health and Human Services |
|
2 |
Organ Transplant Fund |
|
3 |
HIV Care Grant Drug Rebates |
|
4 |
Department of Human Services |
|
5 |
Veterans' home – Restricted account |
|
6 |
Veterans' home – Resident benefits |
|
7 |
Pharmaceutical Rebates Account |
|
8 |
Demand Side Management Grants |
|
9 |
Veteran's Cemetery Memorial Fund |
|
10 |
Donations – New Veterans' Home Construction |
|
11 |
Department of Health |
|
12 |
|
|
13 |
Pandemic medications and equipment account |
|
14 |
Miscellaneous Donations/Grants from Non-Profits |
|
15 |
State Loan Repayment Match |
|
16 |
Department of Behavioral Healthcare, Developmental Disabilities and Hospitals |
|
17 |
Eleanor Slater non-Medicaid third-party payor account |
|
18 |
Hospital Medicare Part D Receipts |
|
19 |
RICLAS Group Home Operations |
|
20 |
Commission on the Deaf and Hard of Hearing |
|
21 |
Emergency and public communication access account |
|
22 |
Department of Environmental Management |
|
23 |
National heritage revolving fund |
|
24 |
Environmental response fund II |
|
25 |
Underground storage tanks registration fees |
|
26 |
Rhode Island Historical Preservation and Heritage Commission |
|
27 |
Historic preservation revolving loan fund |
|
28 |
Historic Preservation loan fund – Interest revenue |
|
29 |
Department of Public Safety |
|
30 |
Forfeited property – Retained |
|
31 |
Forfeitures – Federal |
|
32 |
Forfeited property – Gambling |
|
33 |
Donation – Polygraph and Law Enforcement Training |
|
34 |
Rhode Island State Firefighter's League Training Account |
|
|
|
|
1 |
Fire Academy Training Fees Account |
|
2 |
Attorney General |
|
3 |
Forfeiture of property |
|
4 |
Federal forfeitures |
|
5 |
Attorney General multi-state account |
|
6 |
Forfeited property – Gambling |
|
7 |
Department of Administration |
|
8 |
OER Reconciliation Funding |
|
9 |
RI Health Benefits Exchange |
|
10 |
|
|
11 |
Information Technology Investment Fund |
|
12 |
Restore and replacement – Insurance coverage |
|
13 |
Convention Center Authority rental payments |
|
14 |
Investment Receipts – TANS |
|
15 |
OPEB System Restricted Receipt Account |
|
16 |
Car Rental Tax/Surcharge-Warwick Share |
|
17 |
Executive Office of Commerce |
|
18 |
Housing Resources Commission Restricted Account |
|
19 |
Department of Revenue |
|
20 |
DMV Modernization Project |
|
21 |
Jobs Tax Credit Redemption Fund |
|
22 |
Legislature |
|
23 |
Audit of federal assisted programs |
|
24 |
Department of Children, Youth and Families |
|
25 |
Children's Trust Accounts – SSI |
|
26 |
Military Staff |
|
27 |
RI Military Family Relief Fund |
|
28 |
RI National Guard Counterdrug Program |
|
29 |
Treasury |
|
30 |
Admin. Expenses – State Retirement System |
|
31 |
Retirement – Treasury Investment Options |
|
32 |
Defined Contribution – Administration - RR |
|
33 |
Violent Crimes Compensation – Refunds |
|
34 |
Treasury Research Fellowship |
|
|
|
|
1 |
Business Regulation |
|
2 |
Banking Division Reimbursement Account |
|
3 |
Office of the Health Insurance Commissioner Reimbursement Account |
|
4 |
Securities Division Reimbursement Account |
|
5 |
Commercial Licensing and Racing and Athletics Division Reimbursement Account |
|
6 |
Insurance Division Reimbursement Account |
|
7 |
Historic Preservation Tax Credit Account. |
|
8 |
Judiciary |
|
9 |
Arbitration Fund Restricted Receipt Account |
|
10 |
Third-Party Grants |
|
11 |
RI Judiciary Technology Surcharge Account |
|
12 |
Department of Elementary and Secondary Education |
|
13 |
Statewide Student Transportation Services Account |
|
14 |
School for the Deaf Fee for Service Account |
|
15 |
Davies Career and Technical School Local Education Aid Account |
|
16 |
Davies – National School Breakfast & Lunch Program |
|
17 |
Office of the Post-Secondary Commissioner |
|
18 |
Westerly Higher Education and Industry Center |
|
19 |
Department of Labor and Training |
|
20 |
Job Development Fund |
|
21 |
|
|
22 |
|
|
23 |
SECTION 3. Section 39-26.6-4 of the General Laws in Chapter 39-26.6 entitled "The |
|
24 |
Renewable Energy Growth Program" is hereby amended to read as follows: |
|
25 |
39-26.6-4. Continuation of board. |
|
26 |
(a) The distributed generation standard contract board shall remain fully constituted and |
|
27 |
authorized as provided in chapter 26.2 of title 39; provided, however, that the name shall be |
|
28 |
changed to the "distributed-generation board". Additional purposes of the board shall be to: |
|
29 |
(1) Evaluate and make recommendations to the commission regarding ceiling prices and |
|
30 |
annual targets, the make-up of renewable-energy classifications eligible under the distributed- |
|
31 |
generation growth program, the terms of the tariffs, and other duties as set forth in this chapter; |
|
32 |
(2) Provide consistent, comprehensive, informed, and publicly accountable involvement |
|
33 |
by representatives of all interested stakeholders affected by, involved with, or knowledgeable about |
|
34 |
the development of distributed-generation projects that are eligible for performance-based |
|
|
|
|
1 |
incentives under the distributed-generation growth program; and |
|
2 |
(3) Monitor and evaluate the effectiveness of the distributed-generation growth program. |
|
3 |
(b) The office, in consultation with the board, shall be authorized to hire, or to request the |
|
4 |
electric-distribution company to hire, the services of qualified consultants to perform ceiling price |
|
5 |
studies subject to commission approval that shall be granted or denied within sixty (60) days of |
|
6 |
receipt of such request from the office. The cost of such studies shall be recoverable through the |
|
7 |
rate-reconciliation provisions of the electric-distribution company set forth in § 39-26.6-25, subject |
|
8 |
to commission approval. In addition, the office, in consultation with the board, may request the |
|
9 |
commission to approve other costs incurred by the board, office, or the electric-distribution |
|
10 |
company to utilize consultants for annual programmatic services or to perform any other studies |
|
11 |
and reports, subject to the review and approval of the commission, that shall be granted or denied |
|
12 |
within one hundred twenty (120) days of receipt of such request from the office, and that shall be |
|
13 |
recoverable through the same reconciliation provisions. |
|
14 |
(c) Revenues generated through the rate reconciliation process to finance the expenses |
|
15 |
incurred as outlined in subsection (b) shall be transferred to the office and deposited in a restricted |
|
16 |
receipt account within the general fund. The restricted receipt account shall be exempt from the |
|
17 |
indirect cost recovery assessment under §35-4-27. |
|
18 |
SECTION 4. Chapter 42.17.1 of the General Laws entitled "Department of Environmental |
|
19 |
Management" is hereby amended by adding thereto the following sections: |
|
20 |
42-17.1-27. Eisenhower House – Rental fees. |
|
21 |
(a) There is hereby established within the department of environmental management a |
|
22 |
restricted receipt account entitled "Eisenhower house". All proceeds from rental fees for the use of |
|
23 |
the Eisenhower house and its surrounding grounds shall be deposited into this account and used for |
|
24 |
reinvestment and maintenance of the facility. The rental fees for the use of Eisenhower house and |
|
25 |
surrounding grounds shall be established by regulation. The department of environmental |
|
26 |
management may require certain attendants to be present during rental hours, and may require the |
|
27 |
lessees to reimburse the cost of such service provided to reflect the actual cost to the department. |
|
28 |
The department may also require reasonable amounts of liability insurance to be obtained by the |
|
29 |
lessee. |
|
30 |
(b) The department of environmental management and the state shall not be civilly liable |
|
31 |
for the acts or omissions of the lessees of the Eisenhower house. |
|
32 |
SECTION 5. Chapter 42-28 of the General Laws entitled "State Police" is hereby amended |
|
33 |
by adding thereto the following section: |
|
34 |
42-28-49.1. Non-state agency reimbursements. |
|
|
|
|
1 |
There is hereby established within the general fund a restricted receipt account to be known |
|
2 |
as the "state police non-state agency reimbursements" account. All revenues deposits into the |
|
3 |
account from non-state agencies shall be used to reimburse the state police for costs incurred in |
|
4 |
support of non-state agency programs and activities. All funds deposited into the account shall be |
|
5 |
exempt from the indirect cost recovery provisions of §35-4-27. |
|
6 |
SECTION 6. Section 42-45-12 of the General Laws entitled "Rhode Island Historical |
|
7 |
Preservation and Heritage Commission" is hereby repealed. |
|
8 |
|
|
9 |
|
|
10 |
|
|
11 |
|
|
12 |
|
|
13 |
|
|
14 |
|
|
15 |
|
|
16 |
|
|
17 |
|
|
18 |
SECTION 7. Chapter 42-72 of the General Laws entitled "Department of Children, Youth |
|
19 |
and Families" is hereby amended by adding thereto the following section: |
|
20 |
42-72-36.4. Foundation grants. |
|
21 |
All grant funds from nonprofit charitable organizations accepted by the department of |
|
22 |
children, youth and families with formally established agreements with an approved budget for |
|
23 |
their use, shall be deposited as restricted receipts. |
|
24 |
SECTION 8. Section 42-75-13 of the General Laws in Chapter 42-75 entitled "Council on |
|
25 |
the Arts" is hereby amended to read as follows: |
|
26 |
42-75-13. Appropriation. |
|
27 |
(a) During the fiscal year ending June 30, 2008, the state lottery division within the |
|
28 |
department of revenue shall conduct, pursuant to chapter 62.61 of the general laws, an instant game |
|
29 |
to be known as the "Arts Lottery Game." The net revenue from the first three (3) months of the |
|
30 |
running of the "Arts Lottery Game" shall be deposited in a restricted revenue account to be used |
|
31 |
by the Rhode Island Council on the Arts for the support and improvement of the arts in this state. |
|
32 |
The provisions of this section shall prevail over any inconsistent provisions of chapter 42-61. |
|
33 |
(b) |
|
34 |
shall deposit any funds received from the Rhode Island Foundation in a restricted receipt account |
|
|
|
|
1 |
to be used for the support and improvement of the arts in this state. All such funds deposited shall |
|
2 |
be exempt from the indirect cost recovery provisions of |
|
3 |
SECTION 9. Section 35-3-7 of the General Laws in Chapter 35-3 entitled "State Budget" |
|
4 |
is hereby amended to read as follows: |
|
5 |
35-3-7. Submission of budget to general assembly -- Contents. |
|
6 |
(a) On or before the third Thursday in January in each year of each January session of the |
|
7 |
general assembly, the governor shall submit to the general assembly a budget containing a complete |
|
8 |
plan of estimated revenues and proposed expenditures, with a personnel supplement detailing the |
|
9 |
number and titles of positions of each agency and the estimates of personnel costs for the next fiscal |
|
10 |
year, and with the inventory required by § 35-1.1-3(b)(4). Provided, however, in those years that a |
|
11 |
new governor is inaugurated, the new governor shall submit the budget on or before the first |
|
12 |
Thursday in February. In the budget the governor may set forth in summary and detail: |
|
13 |
(1) Estimates of the receipts of the state during the ensuing fiscal year under laws existing |
|
14 |
at the time the budget is transmitted and also under the revenue proposals, if any, contained in the |
|
15 |
budget, and comparisons with the estimated receipts of the state during the current fiscal year, as |
|
16 |
well as actual receipts of the state for the last two (2) completed fiscal years. |
|
17 |
(2) Estimates of the expenditures and appropriations necessary in the governor's judgment |
|
18 |
for the support of the state government for the ensuing fiscal year, and comparisons with |
|
19 |
appropriations for expenditures during the current fiscal year, as well as actual expenditures of the |
|
20 |
state for the last two (2) complete fiscal years; provided, further, in the event the budget submission |
|
21 |
includes any transfers of resources from public corporations to the general fund, the budget |
|
22 |
submission shall also include alternatives to said transfers. |
|
23 |
(3) Financial statements of the: |
|
24 |
(i) Condition of the treasury at the end of the last completed fiscal year; |
|
25 |
(ii) The estimated condition of the treasury at the end of the current fiscal year; and |
|
26 |
(iii) Estimated condition of the treasury at the end of the ensuing fiscal year if the financial |
|
27 |
proposals contained in the budget are adopted. |
|
28 |
(4) All essential facts regarding the bonded and other indebtedness of the state. |
|
29 |
(5) A report indicating those program revenues and expenditures whose funding source is |
|
30 |
proposed to be changed from state appropriations to restricted receipts, or from restricted receipts |
|
31 |
to other funding sources. |
|
32 |
(6) Such other financial statements and data as in the governor's opinion are necessary or |
|
33 |
desirable. |
|
34 |
(b) Any other provision of the general laws to the contrary notwithstanding, the proposed |
|
|
|
|
1 |
appropriations submitted by the governor to the general assembly for the next ensuing fiscal year |
|
2 |
should not be more than five and one-half percent (5.5%) in excess of total state appropriations, |
|
3 |
excluding any estimated supplemental appropriations, enacted by the general assembly for the |
|
4 |
fiscal year previous to that for which the proposed appropriations are being submitted; provided |
|
5 |
that the increased state-share provisions required to achieve fifty percent (50%) state financing of |
|
6 |
local school operations as provided for in P.L. 1985, ch. 182, shall be excluded from the definition |
|
7 |
of total appropriations. |
|
8 |
(c) Notwithstanding the provisions of § 35-3-7(a), the governor shall submit to the general |
|
9 |
assembly a budget for the fiscal year ending June 30, 2006, not later than the fourth (4th) Thursday |
|
10 |
in January 2005. |
|
11 |
(d) Notwithstanding the provisions of § 35-3-7(a), the governor shall submit to the general |
|
12 |
assembly a supplemental budget for the fiscal year ending June 30, 2006, and/or a budget for the |
|
13 |
fiscal year ending June 30, 2007, not later than Thursday, January 26, 2006. |
|
14 |
(e) Notwithstanding the provisions of § 35-3-7(a), the governor shall submit to the general |
|
15 |
assembly a supplemental budget for the fiscal year ending June 30, 2007, and/or a budget for the |
|
16 |
fiscal year ending June 30, 2008, not later than Wednesday, January 31, 2007. |
|
17 |
(f) Notwithstanding the provisions of § 35-3-7(a), the governor shall submit to the general |
|
18 |
assembly a budget for the fiscal year ending June 30, 2012, not later than Thursday, March 10, |
|
19 |
2011. |
|
20 |
(g) Notwithstanding the provisions of § 35-3-7(a), the governor shall submit to the general |
|
21 |
assembly a budget for the fiscal year ending June 30, 2013, not later than Tuesday, January 31, |
|
22 |
2012. |
|
23 |
(h) Notwithstanding the provisions of § 35-3-7(a), the governor shall submit to the general |
|
24 |
assembly a budget for the fiscal year ending June 30, 2016, not later than Thursday, March 12, |
|
25 |
2015. |
|
26 |
SECTION 10. Chapter 35-5 of the General Laws entitled "Rotary Funds" is hereby |
|
27 |
amended by adding thereto the following section: |
|
28 |
35-5-10. Reimbursement of rotary funds for services provided to state agencies. |
|
29 |
Notwithstanding the provisions of §35-5-5, any rotary or rotating fund established for |
|
30 |
centralized services under the control of the department of administration, including information |
|
31 |
technology, capital asset management and maintenance and human resources, shall consist of, in |
|
32 |
addition to such sums as may be provided by appropriation for that purpose, the receipts and |
|
33 |
reimbursements accruing to the fund. Any state department or agency receiving or drawing |
|
34 |
services, goods, wares, or merchandise from these programs, or receiving benefits therefrom, shall |
|
|
|
|
1 |
reimburse the rotary fund for the cost. The reimbursement of the rotary fund shall be made by each |
|
2 |
department or agency at the close of each calendar month through a process established by the state |
|
3 |
controller to the order of the respective rotary fund. The state controller shall charge payments to |
|
4 |
the proper appropriation for the operation and maintenance of the benefitting department or agency. |
|
5 |
On or before October 15, 2017, and quarterly thereafter, the director of the department of |
|
6 |
administration shall provide a report to the speaker of the house and senate president, with copies |
|
7 |
to the chairpersons of the house and senate finance committees, detailing the fund activity for the |
|
8 |
previous quarter, including a breakdown of the fund activity of each department or agency. |
|
9 |
SECTION 11. Section 37-2-12 of the General Laws in Chapter 37-2 entitled "State |
|
10 |
Purchases" is hereby amended to read as follows: |
|
11 |
37-2-12. Centralization of the procurement authority. |
|
12 |
(a) All rights, powers, duties, and authority relating to the procurement of supplies, |
|
13 |
services, and construction, and the management, control, warehousing, sale, and disposal of |
|
14 |
supplies, services, and construction now vested in or exercised by any state agency under the |
|
15 |
several statutes relating thereto are hereby transferred to the chief purchasing officer as provided |
|
16 |
in this chapter, subject to the provisions of § 37-2-54. A public agency does not have to utilize the |
|
17 |
centralized purchasing of the state but the public agency, through its existing internal purchasing |
|
18 |
function, shall adhere to the general principles, policies and practices set forth in this chapter. |
|
19 |
(b) The chief purchasing officer, as defined in §37-2-7(3)(i), may establish, charge and |
|
20 |
collect from state contractors, listed on master price agreements, a statewide contract administrative |
|
21 |
fee not to exceed one percent (1%) of the total value of the annual spend against a contract awarded |
|
22 |
to a state contractor. All statewide contract administrative fees collected pursuant to this subsection |
|
23 |
shall be deposited into a restricted receipt account within the general fund designated as the |
|
24 |
"division of purchases administrative fee account" and shall be used for the purposes of |
|
25 |
implementing technology for the submission and processing of bids, online vendor registration, bid |
|
26 |
notification, and other costs related to state procurement. On or before January 15, 2019, and |
|
27 |
annually thereafter on or before January 15, the chief purchasing officer or designee shall file a |
|
28 |
report with the governor, the speaker of the house, and the president of the senate detailing: |
|
29 |
(i) The total amount of funds collected and deposited into the division of purchases |
|
30 |
administrative fee account for the most recently completed fiscal year; |
|
31 |
(ii) The account balance as of the date of the report; |
|
32 |
(iii) An itemization of all expenditures and other uses of said funds from said account for |
|
33 |
the most recently completed fiscal year; and |
|
34 |
(iv) An annual evaluation as to the appropriateness of the amount of the contract |
|
|
|
|
1 |
administrative fee on master price agreements. |
|
2 |
(c) Subject to the approval of the director of the department of administration, the state |
|
3 |
controller is authorized to offset any currently recorded outstanding liability on the part of |
|
4 |
developmental disability organizations (DDOs) to repay previously authorized startup capital |
|
5 |
advances against the proceeds from the sale of group homes within a fiscal year prior to any sale |
|
6 |
proceeds being deposited into the information technology investment fund. |
|
7 |
SECTION 12. Section 37-7-15 of the General Laws in Chapter 37-7 entitled "Management |
|
8 |
and Disposal of Property" is hereby amended to read as follows: |
|
9 |
37-7-15. Sale of state-owned land, buildings and improvements thereon and other real |
|
10 |
property. |
|
11 |
(a) Total annual proceeds from the sale of any land and the buildings and improvements |
|
12 |
thereon, and other real property title to which is vested in the State of Rhode Island or title to which |
|
13 |
will be vested in the state upon completion of any condemnation or other proceedings, shall be |
|
14 |
transferred to and made available for the purposes outlined in § 42-11-2.5 of the general laws, |
|
15 |
unless otherwise prohibited by federal law. |
|
16 |
(b) Provided, however, this shall not include proceeds from the sale of any land and the |
|
17 |
buildings and improvements thereon that will be created by the relocation of interstate route 195 |
|
18 |
which is sometimes collectively referred to as the "I-195 Surplus Land" which land is identified in |
|
19 |
the "Rhode Island Interstate 195 Relocation Surplus Land: Redevelopment and Market Analysis" |
|
20 |
prepared by CKS Architecture & Urban Design dated 2009, and such term means those certain |
|
21 |
tracts or parcels of land situated in the city of Providence, county of Providence, State of Rhode |
|
22 |
Island, delineated on that certain plan of land captioned "Improvements to Interstate Route 195, |
|
23 |
Providence, Rhode Island, Proposed Development Parcel Plans 1 through 10, Scale: 1" |
|
24 |
(c) Subject to the approval of the director of the department of administration, the state |
|
25 |
controller is authorized to offset any currently recorded outstanding liability on the part of |
|
26 |
developmental disability organizations (DDOs) to repay previously authorized startup capital |
|
27 |
advances against the proceeds from the sale of group homes within a fiscal year prior to any sale |
|
28 |
proceeds being deposited into the information technology investment fund. |
|
29 |
SECTION 13. Section 42-11-2.5 of the General Laws in Chapter 42-11 entitled |
|
30 |
"Department of Administration" is hereby amended to read as follows: |
|
31 |
42-11-2.5. Information technology investment fund. |
|
32 |
(a) All sums from the sale of any land and the buildings and improvements thereon, and |
|
33 |
other real property title to which is vested in the state except
as provided in |
|
34 |
15(b) and 37-7-15(c) shall be transferred to an Information Technology Investment Fund restricted |
|
|
|
|
1 |
receipt account that is hereby established. This fund shall consist of such sums from the sale of any |
|
2 |
land and the buildings and improvements thereon, and other real property title to which is vested |
|
3 |
in the state except as provided in |
|
4 |
911 Uniform Emergency Telephone System surcharge revenues collected under the provisions of |
|
5 |
§ 39-21.1-14. This fund may also consist of such sums as the state may from time to time |
|
6 |
appropriate, as well as money received from the disposal of information technology equipment, |
|
7 |
loan, interest and service charge payments from benefiting state agencies, as well as interest |
|
8 |
earnings, money received from the federal government, gifts, bequest, donations, or to otherwise |
|
9 |
from any public or private source. Any such funds shall be exempt from the indirect cost recovery |
|
10 |
provisions of § 35-4-27. |
|
11 |
(b) This fund shall be used for the purpose of acquiring information technology |
|
12 |
improvements, including, but not limited to, hardware, software, consulting services, and ongoing |
|
13 |
maintenance and upgrade contracts for state departments and agencies. |
|
14 |
(c) The division of information technology of the Rhode Island department of |
|
15 |
administration shall adopt rules and regulations consistent with the purposes of this chapter and |
|
16 |
chapter 35 of title 42, in order to provide for the orderly and equitable disbursement of funds from |
|
17 |
this account. |
|
18 |
SECTION 14. Section 5-65-9 of the General Laws in Chapter 5-65 entitled "Contractors' |
|
19 |
Registration and Licensing Board" is hereby amended to read as follows: |
|
20 |
5-65-9. Registration fee. |
|
21 |
(a) Each applicant shall pay to the board: |
|
22 |
(1) For original registration or renewal of registration, a fee of two hundred dollars ($200). |
|
23 |
(2) A fee for all changes in the registration, as prescribed by the board, other than those |
|
24 |
due to clerical errors. |
|
25 |
(b) All fees and fines collected by the board shall be deposited as general revenues to |
|
26 |
support the activities set forth in this chapter until June 30, 2008. Beginning July 1, 2008, all fees |
|
27 |
and fines collected by the board shall be deposited into a restricted receipt account for the exclusive |
|
28 |
use of supporting programs established by this chapter. |
|
29 |
(c) On or before January 15, 2018, and annually thereafter, the board shall file a report with |
|
30 |
the speaker of the house, and the president of the senate, with copies to the chairpersons of the |
|
31 |
house and senate finance committees, detailing: |
|
32 |
(1) The total number of fines issued broken down by category, including the number of |
|
33 |
fines issued for a first violation and the number of fines issued for a subsequent violation; |
|
34 |
(2) The total dollar of amount of fines levied; |
|
|
|
|
1 |
(3) The total amount of fees, fines, and penalties collected and deposited for the most |
|
2 |
recently completed fiscal year; and |
|
3 |
(4) The account balance as of the date of the report. |
|
4 |
|
|
5 |
programs approved by the board. The proposed budget shall be submitted to the board for its |
|
6 |
review. A final budget request shall be submitted to the legislature as part of the capital projects |
|
7 |
and property management annual request. |
|
8 |
|
|
9 |
the board, with the additional cost incurred to be borne by the registrant. |
|
10 |
SECTION 15. Sections 1 through 10 of the article shall take effect upon passage. The |
|
11 |
remainder of the Sections in the article shall take effect on July 1, 2017. |
|
|
|
======= |
||
art.008/4/008/3/008/2/008/1 |
||
======= |
||
1 |
ARTICLE 8 |
|
2 |
RELATING TO TAXES AND REVENUES |
|
3 |
SECTION 1. Purpose. The general assembly hereby finds that: |
|
4 |
(a) The Twin River gaming facility in the town of Lincoln, the Newport Grand gaming |
|
5 |
facility in the town of Newport, and, once operational, the gaming facility owned by Twin River- |
|
6 |
Tiverton in the town of Tiverton (the "Tiverton Gaming Facility," and, collectively with the other |
|
7 |
(2) two gaming facilities, the "Gaming Facilities") are important sources of revenue for the state of |
|
8 |
Rhode Island. Indeed, revenues generated from state-operated gaming in Rhode Island constitute |
|
9 |
the third largest source of revenue to the state, behind only revenue generated from income taxes |
|
10 |
and sales and use taxes. |
|
11 |
(b) In an increasingly competitive gaming market, it is imperative that action be taken to |
|
12 |
preserve and protect the state's ability to maximize revenues at the Facilities, and in particular to |
|
13 |
expand critical revenue-driving promotional and marketing programs through legislative |
|
14 |
authorization and necessary amendments to contracts, previously authorized by the general |
|
15 |
assembly, to position the promotional and marketing programs for long-term success. |
|
16 |
(c) Accordingly, the purpose of this act is to help enhance the revenues generated by the |
|
17 |
Facilities in order to maximize the public's share of revenue generated by them for the state of |
|
18 |
Rhode Island. It is the intent of the general assembly that this act, being necessary for the welfare |
|
19 |
of the state and its citizens, be liberally construed so as to effectuate its purposes, including without |
|
20 |
limitation, the State's attempt to enhance the ability of the Facilities to generate revenue. The |
|
21 |
inclusion of the Tiverton Gaming Facility within the scope of this act is based on the fulfilment in |
|
22 |
2016 of the requirements of Article VI, Section 22 of the Rhode Island Constitution with respect |
|
23 |
to that facility, namely that: |
|
24 |
(i) The Rhode Island secretary of state has certified that the qualified voters of the state |
|
25 |
have approved authorizing a facility owned by Twin River-Tiverton located at the intersection of |
|
26 |
William S. Canning Boulevard and Stafford Road in the town of Tiverton to be licensed as a pari- |
|
27 |
mutuel facility and offer state-operated video lottery games and state-operated casino gaming, such |
|
28 |
as table games; and |
|
29 |
(ii) The board of canvassers of the town of Tiverton has certified that the qualified electors |
|
30 |
of the town of Tiverton have approved authorizing a facility owned by Twin River-Tiverton located |
|
|
|
|
1 |
at the intersection of William S. Canning Boulevard and Stafford Road in the town of Tiverton to |
|
2 |
be licensed as a pari-mutuel facility and offer state-operated video lottery games and state-operated |
|
3 |
casino gaming, such as table games. |
|
4 |
SECTION 2. Section 42-61.2-7 of the General Laws in Chapter 42-61.2 entitled "Video- |
|
5 |
Lottery Terminal" is hereby amended to read as follows: |
|
6 |
42-61.2-7. Division of revenue. |
|
7 |
(a) Notwithstanding the provisions of §42-61-15, the allocation of net, terminal income |
|
8 |
derived from video-lottery games is as follows: |
|
9 |
(1) For deposit in the general fund and to the state lottery division fund for administrative |
|
10 |
purposes: Net, terminal income not otherwise disbursed in accordance with subdivisions (a)(2) -- |
|
11 |
(a)(6) inclusive, or otherwise disbursed in accordance with subsections (g)(2) and (h)(2); |
|
12 |
(i) Except for the fiscal year ending June 30, 2008, nineteen one hundredths of one percent |
|
13 |
(0.19%), up to a maximum of twenty million dollars ($20,000,000), shall be equally allocated to |
|
14 |
the distressed communities as defined in §45-13-12 provided that no eligible community shall |
|
15 |
receive more than twenty-five percent (25%) of that community's currently enacted municipal |
|
16 |
budget as its share under this specific subsection. Distributions made under this specific subsection |
|
17 |
are supplemental to all other distributions made under any portion of general laws §45-13-12. For |
|
18 |
the fiscal year ending June 30, 2008, distributions by community shall be identical to the |
|
19 |
distributions made in the fiscal year ending June 30, 2007, and shall be made from general |
|
20 |
appropriations. For the fiscal year ending June 30, 2009, the total state distribution shall be the |
|
21 |
same total amount distributed in the fiscal year ending June 30, 2008, and shall be made from |
|
22 |
general appropriations. For the fiscal year ending June 30, 2010, the total state distribution shall be |
|
23 |
the same total amount distributed in the fiscal year ending June 30, 2009, and shall be made from |
|
24 |
general appropriations, provided, however, that seven hundred eighty-four thousand four hundred |
|
25 |
fifty-eight dollars ($784,458) of the total appropriation shall be distributed equally to each |
|
26 |
qualifying distressed community. For each of the fiscal years ending June 30, 2011, June 30, 2012, |
|
27 |
and June 30, 2013, seven hundred eighty-four thousand four hundred fifty-eight dollars ($784,458) |
|
28 |
of the total appropriation shall be distributed equally to each qualifying distressed community. |
|
29 |
(ii) Five one hundredths of one percent (0.05%), up to a maximum of five million dollars |
|
30 |
($5,000,000), shall be appropriated to property tax relief to fully fund the provisions of §44-33-2.1. |
|
31 |
The maximum credit defined in subdivision 44-33-9(2) shall increase to the maximum amount to |
|
32 |
the nearest five dollar ($5.00) increment within the allocation until a maximum credit of five |
|
33 |
hundred dollars ($500) is obtained. In no event shall the exemption in any fiscal year be less than |
|
34 |
the prior fiscal year. |
|
|
|
|
1 |
(iii) One and twenty-two one hundredths of one percent (1.22%) to fund §44-34.1-1, |
|
2 |
entitled "Motor Vehicle and Trailer Excise Tax Elimination Act of 1998", to the maximum amount |
|
3 |
to the nearest two hundred fifty dollar ($250) increment within the allocation. In no event shall the |
|
4 |
exemption in any fiscal year be less than the prior fiscal year. |
|
5 |
(iv) Except for the fiscal year ending June 30, 2008, ten one hundredths of one percent |
|
6 |
(0.10%), to a maximum of ten million dollars ($10,000,000), for supplemental distribution to |
|
7 |
communities not included in subsection (a)(1)(i) distributed proportionately on the basis of general |
|
8 |
revenue sharing distributed for that fiscal year. For the fiscal year ending June 30, 2008, |
|
9 |
distributions by community shall be identical to the distributions made in the fiscal year ending |
|
10 |
June 30, 2007, and shall be made from general appropriations. For the fiscal year ending June 30, |
|
11 |
2009, no funding shall be disbursed. For the fiscal year ending June 30, 2010, and thereafter, |
|
12 |
funding shall be determined by appropriation. |
|
13 |
(2) To the licensed, video-lottery retailer: |
|
14 |
(a) (i) Prior to the effective date of the Newport Grand Master Contract, Newport Grand |
|
15 |
twenty-six percent (26%), minus three hundred eighty-four thousand nine hundred ninety-six |
|
16 |
dollars ($384,996); |
|
17 |
(ii) On and after the effective date of the Newport Grand Master Contract, to the licensed, |
|
18 |
video-lottery retailer who is a party to the Newport Grand Master Contract, all sums due and |
|
19 |
payable under said Master Contract, minus three hundred eighty-four thousand nine hundred |
|
20 |
ninety-six dollars ($384,996). |
|
21 |
(iii) Effective July 1, 2013, the rate of net, terminal income payable to the licensed, video- |
|
22 |
lottery retailer who is a party to the Newport Grand Master Contract shall increase by two and one |
|
23 |
quarter percent (2.25%) points. The increase herein shall sunset and expire on June 30, 2015, and |
|
24 |
the rate in effect as of June 30, 2013, shall be reinstated. |
|
25 |
(iv) (A) Effective July 1, 2015,
the rate of net |
|
26 |
video-lottery retailer who is a party to the Newport Grand Master Contract shall increase over the |
|
27 |
rate in effect as of June 30, 2013, by one and nine-tenths (1.9) percentage points. (i.e., x% plus 1.9 |
|
28 |
percentage points equals (x + 1.9)%, where "x%" is the current rate of net terminal income payable |
|
29 |
to the licensed, video-lottery retailer who is a party to the Newport Grand Master Contract). The |
|
30 |
dollar amount of additional net |
|
31 |
a party to the Newport Grand Master Contract with respect to any Newport Grand Marketing Year |
|
32 |
as a result of such increase in rate shall be referred to as "Additional Newport Grand Marketing |
|
33 |
NTI." |
|
34 |
(B) The excess, if any, of marketing expenditures incurred by the licensed, video-lottery |
|
|
|
|
1 |
retailer who is a party to the Newport Grand Master Contract with respect to a Newport Grand |
|
2 |
Marketing Year over one million four hundred thousand dollars ($1,400,000) shall be referred to |
|
3 |
as the "Newport Grand Marketing Incremental Spend." Beginning with the Newport Grand |
|
4 |
Marketing Year that starts on July 1, 2015, after the end of each Newport Grand Marketing Year, |
|
5 |
the licensed, video-lottery retailer who is a party to the Newport Grand Master Contract shall pay |
|
6 |
to the Division the amount, if any, by which the Additional Newport Grand Marketing NTI for such |
|
7 |
Newport Grand Marketing Year exceeds the Newport Grand Marketing Incremental Spend for such |
|
8 |
Newport Grand Marketing Year; provided however, that such video-lottery retailer's liability to the |
|
9 |
Division hereunder with respect to any Newport Grand Marketing Year shall never exceed the |
|
10 |
Additional Newport Grand Marketing NTI paid to such video-lottery retailer with respect to such |
|
11 |
Newport Grand Marketing Year. |
|
12 |
The increase in subsection
2(a)(iv) shall sunset and expire |
|
13 |
commencement of the operation of casino gaming at Twin River-Tiverton's facility located in the |
|
14 |
town of Tiverton, and the rate in effect as of June 30, 2013 shall be reinstated. |
|
15 |
(b) (i) Prior to the effective date of the UTGR master contract, to the present, licensed, |
|
16 |
video-lottery retailer at Lincoln Park, which is not a party to the UTGR, master contract, twenty- |
|
17 |
eight and eighty-five one hundredths percent (28.85%), minus seven hundred sixty-seven thousand |
|
18 |
six hundred eighty-seven dollars ($767,687); |
|
19 |
(ii) On and after the effective date of the UTGR master contract, to the licensed, video- |
|
20 |
lottery retailer that is a party to the UTGR master contract, all sums due and payable under said |
|
21 |
master contract minus seven hundred sixty-seven thousand six hundred eighty-seven dollars |
|
22 |
($767,687). |
|
23 |
(3) (i) To the technology providers that are not a party to the GTECH Master Contract as |
|
24 |
set forth and referenced in PL 2003, CH. 32, seven percent (7%) of the net, terminal income of the |
|
25 |
provider's terminals; in addition thereto, technology providers that provide premium or licensed |
|
26 |
proprietary content or those games that have unique characteristics, such as 3D graphics; unique |
|
27 |
math/game play features; or merchandising elements to video-lottery terminals may receive |
|
28 |
incremental compensation, either in the form of a daily fee or as an increased percentage, if all of |
|
29 |
the following criteria are met: |
|
30 |
(A) A licensed, video-lottery retailer has requested the placement of premium or licensed |
|
31 |
proprietary content at its licensed, video-lottery facility; |
|
32 |
(B) The division of lottery has determined in its sole discretion that the request is likely to |
|
33 |
increase net, terminal income or is otherwise important to preserve or enhance the competiveness |
|
34 |
of the licensed, video-lottery retailer; |
|
|
|
|
1 |
(C) After approval of the request by the division of lottery, the total number of premium or |
|
2 |
licensed, proprietary-content video-lottery terminals does not exceed ten percent (10%) of the total |
|
3 |
number of video-lottery terminals authorized at the respective licensed, video-lottery retailer; and |
|
4 |
(D) All incremental costs are shared between the division and the respective licensed, |
|
5 |
video-lottery retailer based upon their proportionate allocation of net terminal income. The division |
|
6 |
of lottery is hereby authorized to amend agreements with the licensed, video-lottery retailers, or the |
|
7 |
technology providers, as applicable, to effect the intent herein. |
|
8 |
(ii) To contractors that are a party to the master contract as set forth and referenced in PL |
|
9 |
2003, CH. 32, all sums due and payable under said master contract; and |
|
10 |
(iii) Notwithstanding paragraphs (i) and (ii), there shall be subtracted proportionately from |
|
11 |
the payments to technology providers the sum of six hundred twenty-eight thousand seven hundred |
|
12 |
thirty-seven dollars ($628,737). |
|
13 |
(4) (A) Until video-lottery games are no longer operated at the Newport Grand gaming |
|
14 |
facility located in Newport, to the city of Newport one and one hundredth percent (1.01%) of net |
|
15 |
terminal income of authorized machines at Newport Grand, except that effective November 9, |
|
16 |
2009, until June 30, 2013, the allocation shall be one and two tenths percent (1.2%) of net terminal |
|
17 |
income of authorized machines at Newport Grand for each week the facility operates video-lottery |
|
18 |
games on a twenty-four-hour (24) basis for all eligible hours authorized; and |
|
19 |
(B) Upon commencement of the operation of video-lottery games at Twin River-Tiverton's |
|
20 |
facility located in the town of Tiverton, to the town of Tiverton one and forty-five hundredths |
|
21 |
percent (1.45%) of net terminal income of authorized machines at the licensed, video-lottery |
|
22 |
retailer's facility located in the town of Tiverton, subject to subsection (g)(2); and |
|
23 |
(C) To the town of Lincoln, one and twenty-six hundredths percent (1.26%) of net terminal |
|
24 |
income of authorized machines at Twin River except that: |
|
25 |
(i) Effective November 9, 2009, until June 30, 2013, the allocation shall be one and forty- |
|
26 |
five hundredths percent (1.45%) of net terminal income of authorized machines at Twin River for |
|
27 |
each week video-lottery games are offered on a twenty-four-hour (24) basis for all eligible hours |
|
28 |
authorized; and |
|
29 |
(ii) Effective July 1, 2013, provided that the referendum measure authorized by PL 2011, |
|
30 |
Ch. 151, Sec. 4, is approved statewide and in the Town of Lincoln, the allocation shall be one and |
|
31 |
forty-five hundredths percent (1.45%) of net terminal income of authorized video-lottery terminals |
|
32 |
at Twin River, subject to subsection (h)(2); and |
|
33 |
(5) To the Narragansett Indian Tribe, seventeen hundredths of one percent (0.17%) of net |
|
34 |
terminal income of authorized machines at Lincoln Park, up to a maximum of ten million dollars |
|
|
|
|
1 |
($10,000,000) per year, that shall be paid to the Narragansett Indian Tribe for the account of a |
|
2 |
Tribal Development Fund to be used for the purpose of encouraging and promoting: home |
|
3 |
ownership and improvement; elderly housing; adult vocational training; health and social services; |
|
4 |
childcare; natural resource protection; and economic development consistent with state law. |
|
5 |
Provided, however, such distribution shall terminate upon the opening of any gaming facility in |
|
6 |
which the Narragansett Indians are entitled to any payments or other incentives; and provided, |
|
7 |
further, any monies distributed hereunder shall not be used for, or spent on, previously contracted |
|
8 |
debts; and |
|
9 |
(6) Unclaimed prizes and credits shall remit to the general fund of the state; and |
|
10 |
(7) Payments into the state's general fund specified in subsections (a)(1) and (a)(6) shall be |
|
11 |
made on an estimated monthly basis. Payment shall be made on the tenth day following the close |
|
12 |
of the month except for the last month when payment shall be on the last business day. |
|
13 |
(b) Notwithstanding the above, the amounts payable by the division to UTGR related to |
|
14 |
the marketing program described in the UTGR master contract (as such may be amended from time |
|
15 |
to time) shall be paid on a frequency agreed by the division, but no less frequently than annually. |
|
16 |
(c) Notwithstanding anything in this chapter 61.2 of this title to the contrary, the director |
|
17 |
is authorized to fund the marketing program as described |
|
18 |
contract. |
|
19 |
(d) Notwithstanding the above, the amounts payable by the division to the licensed, video- |
|
20 |
lottery retailer who is a party to the Newport Grand Master Contract related to the marketing |
|
21 |
program described in the Newport Grand Master Contract (as such may be amended from time to |
|
22 |
time) shall be paid on a frequency agreed by the division, but no less frequently than annually. |
|
23 |
(e) Notwithstanding anything in this chapter 61.2 of this title to the contrary, the director |
|
24 |
is authorized to fund the marketing program as described |
|
25 |
Master Contract. |
|
26 |
(f) Notwithstanding the provisions of §42-61-15, but subject to §42-61.2-7(h), the |
|
27 |
allocation of net, table-game revenue derived from table games at Twin River is as follows: |
|
28 |
(1) For deposit into the state lottery fund for administrative purposes and then the balance |
|
29 |
remaining into the general fund: |
|
30 |
(i) Sixteen percent (16%) of net, table-game revenue, except as provided in §42-61.2- |
|
31 |
7(f)(1)(ii); |
|
32 |
(ii) An additional two percent (2%) of net, table-game revenue generated at Twin River |
|
33 |
shall be allocated starting from the commencement of table games activities by such table-game |
|
34 |
retailer and ending, with respect to such table-game retailer, on the first date that such table-game |
|
|
|
|
1 |
retailer's net terminal income for a full state fiscal year is less than such table-game retailer's net |
|
2 |
terminal income for the prior state fiscal year, at which point this additional allocation to the state |
|
3 |
shall no longer apply to such table-game retailer. |
|
4 |
(2) To UTGR, net, table-game revenue not otherwise disbursed pursuant to subsection |
|
5 |
(f)(1); provided, however, on the first date that such table-game retailer's net terminal income for a |
|
6 |
full state fiscal year is less than such table-game retailer's net terminal income for the prior state |
|
7 |
fiscal year, as set forth in subsection (f)(1)(ii), one percent (1%) of this net, table-game revenue |
|
8 |
shall be allocated to the town of Lincoln for four (4), consecutive state fiscal years. |
|
9 |
(g) Notwithstanding the provisions of §42-61-15, the allocation of net, table-game revenue |
|
10 |
derived from table games at the Tiverton facility owned by Twin River-Tiverton is as follows: |
|
11 |
(1) Subject to subsection (g)(2) of this section, one percent (1%) of net, table-game revenue |
|
12 |
shall be allocated to the town of Tiverton; |
|
13 |
(2) Fifteen and one-half percent (15.5%) of net, table-game revenue shall be allocated to |
|
14 |
the state first for deposit into the state lottery fund for administrative purposes and then the balance |
|
15 |
remaining into the general fund; provided however, that beginning with the first state fiscal year |
|
16 |
that a facility in the town of Tiverton owned by Twin River-Tiverton offers patrons video-lottery |
|
17 |
games and table games for all of such state fiscal year, for that state fiscal year and each subsequent |
|
18 |
state fiscal year that such Tiverton facility offers patrons video-lottery games and table games for |
|
19 |
all of such state fiscal year, if the town of Tiverton has not received an aggregate of three million |
|
20 |
dollars ($3,000,000) in the state fiscal year from net, table-game revenues and net terminal income, |
|
21 |
combined, generated by such Tiverton facility, then the state shall make up such shortfall to the |
|
22 |
town of Tiverton out of the state's percentage of net, table-game revenue set forth in this subsection |
|
23 |
(g)(2) and net terminal income set forth in subsections (a)(1) and (a)(6); provided further however, |
|
24 |
if in any state fiscal year either video-lottery games or table games are no longer offered at a facility |
|
25 |
in the town of Tiverton owned by Twin River-Tiverton, LLC, then the state shall not be obligated |
|
26 |
to make up the shortfall referenced in this subsection (g)(2); and |
|
27 |
(3) Net, table-game revenue not otherwise disbursed pursuant to subsections (g)(1) and |
|
28 |
(g)(2) of this section shall be allocated to Twin River-Tiverton. |
|
29 |
(h) Notwithstanding the foregoing §42-61.2-7(f) and superseding that section effective |
|
30 |
upon the first date that a facility in the town of Tiverton owned by Twin River-Tiverton offers |
|
31 |
patrons video-lottery games and table games, the allocation of net, table-game revenue derived |
|
32 |
from table games at Twin River in Lincoln shall be as follows: |
|
33 |
(1) Subject to subsection (h)(2), one percent (1%) of net, table-game revenue shall be |
|
34 |
allocated to the town of Lincoln; |
|
|
|
|
1 |
(2) Fifteen and one-half percent (15.5%) of net, table-game revenue shall be allocated to |
|
2 |
the state first for deposit into the state lottery fund for administrative purposes and then the balance |
|
3 |
remaining into the general fund; provided however, that beginning with the first state fiscal year |
|
4 |
that a facility in the town of Tiverton owned by Twin River-Tiverton offers patrons video-lottery |
|
5 |
games and table games for all of such state fiscal year, for that state fiscal year and each subsequent |
|
6 |
state fiscal year that such Tiverton facility offers patrons video-lottery games and table games for |
|
7 |
all of such state fiscal year, if the town of Lincoln has not received an aggregate of three million |
|
8 |
dollars ($3,000,000) in the state fiscal year from net, table-game revenues and net terminal income, |
|
9 |
combined, generated by the Twin River facility in Lincoln, then the state shall make up such |
|
10 |
shortfall to the town of Lincoln out of the state's percentage of net, table-game revenue set forth in |
|
11 |
this subsection (h)(2) and net terminal income set forth in subsections (a)(1) and (a)(6); provided |
|
12 |
further however, if in any state fiscal year either video-lottery games or table games are no longer |
|
13 |
offered at a facility in the town of Tiverton owned by Twin River-Tiverton, LLC, then the state |
|
14 |
shall not be obligated to make up the shortfall referenced in this subsection (h)(2); and |
|
15 |
(3) Net, table-game revenue not otherwise disbursed pursuant to subsections (h)(1) and |
|
16 |
(h)(2) shall be allocated to UTGR. |
|
17 |
SECTION 3. Except to the extent amended by this act, the terms, conditions, provisions |
|
18 |
and definitions of Chapter 322 and 323 of the Public Laws of 2005, Chapter 16 of the Public Laws |
|
19 |
of 2010, Chapter 151, Article 25 of the Public Laws of 2011, Chapters 289 and 290 of the Public |
|
20 |
Laws of 2012, Chapter 145, Article 13 of the Public Laws of 2014, Chapter 141, Article 11, |
|
21 |
Sections 16 – 22 of the Public Laws of 2015, and Chapters 005 and 006 of the Public Laws of 2016 |
|
22 |
(in each case as the more recent law may have amended an earlier law or laws), are hereby |
|
23 |
incorporated herein by reference and shall remain in full force and effect. |
|
24 |
Definitions. For the purposes of this act, the following terms shall have the following |
|
25 |
meanings, and to the extent that such terms are otherwise defined in any provision of the general |
|
26 |
or public laws (including but not limited to Chapter 16 of the public Laws of 2010, as amended, |
|
27 |
and Chapters 005 and 006 of the public laws of 2016), for purposes of this act, those terms are |
|
28 |
hereby amended to read as follows: |
|
29 |
SECTION 4. (a) "Division" means the division of lotteries within the department of |
|
30 |
revenue and/or any successor as party to the UTGR Master Contract and the Newport Grand Master |
|
31 |
Contract. |
|
32 |
(b) "Initial Promotional Points Program" means, as to UTGR, that promotional points |
|
33 |
program authorized in Chapter 16, Section 4(a)(ii) of Part A of the Public Laws of 2010, as |
|
34 |
amended by Chapter 151, Article 25, Section 8 of the Public Laws of 2011 and by this act. As to |
|
|
|
|
1 |
Newport Grand, "Initial Points Program" means that promotional points program authorized in |
|
2 |
Chapter 16, Section 4(a)(ii) of Part B of the Public Laws of 2010, as amended by Chapter 151, |
|
3 |
Article 25, Section 8 of the Public Laws of 2011 and by this act. |
|
4 |
(c) "Marketing Program" means, as to UTGR, that marketing program set forth in Chapter |
|
5 |
16, Section 4(a)(iii) of Part A, of the Public Laws of 2010, as amended by Chapter 151, Article 25, |
|
6 |
Section 8 of the Public Laws of 2011, and as amended by Chapter 145, Article 13, Section 5 of the |
|
7 |
Public Laws of 2014, and as amended by Chapters 005 and 006 of the Public Laws of 2016, and as |
|
8 |
clarified by this act. As to Newport Grand, "Marketing Program" means that marketing program |
|
9 |
set forth in Chapter 16, Section 4(a)(iii) of Part B of the Public Laws of 2010, as amended by |
|
10 |
Chapter 151, Article 25, Section 8 of the Public Laws of 2011, and as amended by Chapters 005 |
|
11 |
and 006 of the Public Laws of 2016, and as clarified by this act. |
|
12 |
(d) "Marketing Year" means the fiscal year of the state. |
|
13 |
(e) "Newport Grand" when it is referring to a legal entity, means Premier Entertainment II. |
|
14 |
LLC and its permitted successors and assigns under the Newport Grand Master Contract. ''Newport |
|
15 |
Grand," when it is referring to a gaming facility, means Newport Grand Slots, located at 150 |
|
16 |
Admiral Kalbfus Road, Newport, Rhode Island, unless and until state-operated video lottery games |
|
17 |
are no longer offered at such facility in Newport and state-operated video-lottery games are offered |
|
18 |
at a facility owned by Twin River-Tiverton located in Tiverton, Rhode Island, at which time |
|
19 |
''Newport Grand" shall mean such Tiverton facility. |
|
20 |
(f) "Newport Grand Division Percentage" means for any Marketing Year, the Division's |
|
21 |
percentage of net terminal income derived from video lottery terminals located at the Newport |
|
22 |
Grand facility as set forth in §42-61.2-7. |
|
23 |
(g) "Newport Grand Master Contract" means that certain Master Video Lottery Terminal |
|
24 |
Contract made as of November 23, 2005 by and between the Division and Newport Grand, as |
|
25 |
amended and/or assigned from time to time in accordance with its terms. |
|
26 |
(h) "Prior Marketing Year" means the prior state fiscal year. |
|
27 |
(i) "Promotional Points " means the promotional points issued pursuant to any free play or |
|
28 |
other promotional program operated by the Division at a licensed video lottery terminal facility |
|
29 |
(including, without limitation, the Initial Promotional Points Program and Supplementary |
|
30 |
Promotional Points Program as to UTGR and the Initial Promotional Points Program and |
|
31 |
Supplementary Promotional Points Program as to Newport Grand), which may be downloaded to |
|
32 |
a video lottery terminal by a player. Promotional Points are provided to customers and prospective |
|
33 |
customers for no monetary charge. Customer registration may be required. |
|
34 |
(j) "Promotional Points Program" means, as to UTGR, the Initial Promotional Points |
|
|
|
|
1 |
Program or Supplementary Promotional Points Program applicable to UTGR, and as to Newport |
|
2 |
Grand, the Initial Promotional Points Program or Supplementary Promotional Points Program |
|
3 |
applicable to Newport Grand. |
|
4 |
(k) "Supplementary Promotional Points Program" means that promotional points program |
|
5 |
authorized in Section 8 as to Twin River and Section 9 as to Newport Grand, of Chapters 289 and |
|
6 |
290 of the Public Laws of 2012. |
|
7 |
(l) "Twin River-Tiverton" means Twin River-Tiverton LLC, a Delaware Limited Liability |
|
8 |
Company. References herein to "Twin River-Tiverton" shall include its permitted successors and |
|
9 |
assigns. |
|
10 |
(m) "UTGR" has the meaning given that term in Chapter 16 of the Public Laws of 2010, |
|
11 |
Part A, Section 2(n). |
|
12 |
(n) "UTGR Division Percentage" means for any Marketing Year, the Division's percentage |
|
13 |
of net terminal income derived from video lottery terminals located at the Twin River facility as |
|
14 |
set forth in §42-61.2-7. |
|
15 |
(o) "UTGR Master Contract" means that certain Master Video Lottery Terminal Contract |
|
16 |
made as of July 18, 2005 by and between the Division, the Department of Transportation and |
|
17 |
UTGR, as amended and/or assigned from time to time in accordance with its terms. |
|
18 |
. Authorized Procurement of Sixth Amendment to the UTGR Master Contract. |
|
19 |
Notwithstanding any general or public law, regulation or rule to the contrary, within ninety (90) |
|
20 |
days of the enactment of this act, the Division is hereby expressly authorized, empowered and |
|
21 |
directed to enter into with UTGR a Sixth Amendment to the UTGR Master Contract as described |
|
22 |
in this section 5, to become effective April 1, 2017: |
|
23 |
SECTION 5. (a) Amendment to UTGR Supplementary Promotional Points Program. |
|
24 |
(1) The Supplementary Promotional Points Program applicable to Twin River, which is in |
|
25 |
addition to the Initial Promotional Points Program), shall be amended so that UTGR may distribute |
|
26 |
to customers and prospective customers Promotional Points of up to but not more than sixteen |
|
27 |
percent (16%) of Twin River net terminal income for the Prior Marketing Year. For avoidance of |
|
28 |
doubt, as a result of the foregoing amendment, the approved amount of Promotional Points that |
|
29 |
may be distributed by UTGR pursuant to the Initial and Supplementary Promotional Points |
|
30 |
Programs, in the aggregate, may be up to but not more than twenty percent (20%) of the amount of |
|
31 |
net terminal income of Twin River for the Prior Marketing Year, plus an additional seven hundred |
|
32 |
fifty thousand dollars ($750,000), subject however, to subsections (a)(3) and (a)(4) below. The |
|
33 |
terms and conditions of the Initial and Supplementary Promotional Points Programs applicable to |
|
34 |
Twin River shall be established from time to time by the Division, and such terms and conditions |
|
|
|
|
1 |
shall include, without limitation, a State fiscal year audit of the program, the cost of which audit |
|
2 |
shall be borne by UTGR. |
|
3 |
(2) For the avoidance of doubt, the foregoing supersedes and replaces the provisions of the |
|
4 |
UTGR Master Contract as established by Chapter 016, Section 4(a)(ii) of Part A of the public laws |
|
5 |
of 2010, as amended pursuant to Chapter 151, Article 25, Section 8 of the Public Laws of 2011. |
|
6 |
(3) Notwithstanding the foregoing or anything in the general or public laws to the contrary, |
|
7 |
the amendment to the UTGR Master Contract shall provide that nothing shall prohibit UTGR, with |
|
8 |
prior approval from the Division, from spending additional funds on the Initial and/or |
|
9 |
Supplementary Promotional Points Programs (i.e., distributing to customers and prospective |
|
10 |
customers Promotional Points in amounts in excess of the amounts initially-approved by the |
|
11 |
Division with respect to the Initial and/or Supplementary Promotional Points Program), even if |
|
12 |
such additional amounts exceed four percent (4%) of Twin River net terminal income for the Prior |
|
13 |
Marketing Year plus seven hundred fifty thousand dollars ($750,000) in regard to the Initial |
|
14 |
Promotional Points Program for Twin River, or exceed sixteen percent (16%) of Twin River net |
|
15 |
terminal income for the Prior Marketing Year in regard to the Supplementary Promotional Points |
|
16 |
Program for Twin River, or exceed twenty percent (20%) of Twin River net terminal income for |
|
17 |
the Prior Marketing Year plus seven hundred fifty thousand dollars ($750,000) in regard to the |
|
18 |
Twin River Initial and Supplementary Promotional Points Programs in the aggregate; provided |
|
19 |
however, that the expense of any such additional spending on Promotional Points shall be borne by |
|
20 |
UTGR, subject to subsection (a)(4) below. |
|
21 |
(4) Notwithstanding any prior public or general law, rule, regulation or policy to the |
|
22 |
contrary, UTGR shall remit to the Division the amount of any funds spent by UTGR in excess of |
|
23 |
the amounts initially-approved by the Division with respect to the Initial and/or Supplementary |
|
24 |
Promotional Points Programs – i.e., distributions to customers and prospective customers of |
|
25 |
Promotional Points in excess of the amounts initially-approved by the Division for the Initial and/or |
|
26 |
Supplementary Promotional Points Program, all pursuant to subsection (a)(3) above – and the |
|
27 |
Division shall distribute such funds to the entities (including UTGR) entitled to a portion (or |
|
28 |
percent) of net terminal income generated at Twin River pursuant to §42-61.2-7 of the Rhode Island |
|
29 |
General Laws, paying to each such entity (including UTGR) that portion of the funds that is equal |
|
30 |
to its portion (or percent) of net terminal income generated at Twin River as set forth in §42-61.2- |
|
31 |
7 of the Rhode Island General Laws. |
|
32 |
(b) Except to the extent amended and/or clarified pursuant to subsection (a) above, the |
|
33 |
terms, provisions and conditions of the UTGR Master Contract, including without limitation those |
|
34 |
terms, provisions and conditions relating to the Initial Promotion Points Program, the |
|
|
|
|
1 |
Supplementary Promotional Points Program and the Marketing Program, shall remain in full force |
|
2 |
and effect. If there is a conflict between any provision of the UTGR Master Contract and this act, |
|
3 |
the provisions of this act control. |
|
4 |
. Authorized Procurement of Sixth Amendment to the Newport Grand Master Contract. |
|
5 |
Notwithstanding any general or public law, regulation or rule to the contrary, within ninety (90) |
|
6 |
days of the enactment of this act, the Division is hereby expressly authorized, empowered and |
|
7 |
directed to enter into with Newport Grand a Sixth Amendment to the Newport Grand Master |
|
8 |
Contract as described in this section 6, to become effective April 1, 2017, except the amendment |
|
9 |
made pursuant to subsection (b) below shall take effect pursuant to its terms: |
|
10 |
SECTION 6. (a) Amendment to Newport Grand Supplementary Promotional Points |
|
11 |
Program. |
|
12 |
(1) The Supplementary Promotional Points Program applicable to Newport Grand, which |
|
13 |
is in addition to the Initial Promotional Points Program, shall be amended so that Newport Grand |
|
14 |
may distribute to customers and prospective customers Promotional Points up to but not more than |
|
15 |
sixteen percent (16%) of Newport Grand net terminal income for the Prior Marketing Year. For |
|
16 |
avoidance of doubt, as a result of the foregoing amendment, the approved amount of Promotional |
|
17 |
Points that may be distributed by Newport Grand pursuant to the Initial and Supplementary |
|
18 |
Promotional Points Programs, in the aggregate, may be up to but not more than twenty percent |
|
19 |
(20%) of the amount of net terminal income of Newport Grand for the Prior Marketing Year, plus |
|
20 |
an additional seven hundred fifty thousand dollars ($750,000), subject however, to subsections |
|
21 |
(a)(3) and (a)(4) below. The terms and conditions of the Initial and Supplementary Promotional |
|
22 |
Points Programs applicable to Newport Grand shall be established from time to time by the |
|
23 |
Division, and such terms and conditions shall include, without limitation, a State fiscal year audit |
|
24 |
of the program, the cost of which audit shall be borne by Newport Grand. |
|
25 |
(2) For the avoidance of doubt, the foregoing supersedes and replaces the provisions of the |
|
26 |
Newport Grand Master Contract as established by Chapter 016, Section 4(a)(ii) of Part B of the |
|
27 |
public laws of 2010, as amended pursuant to Chapter 151, Article 25, Section 8 of the Public Laws |
|
28 |
of 2011. |
|
29 |
(3) Notwithstanding the foregoing or anything in the general or public laws to the contrary, |
|
30 |
the amendment to the Newport Grand Master Contract shall provide that nothing shall prohibit |
|
31 |
Newport Grand, with prior approval from the Division, from spending additional funds on the |
|
32 |
Initial and/or Supplementary Promotional Points Programs (i.e., distributing to customers and |
|
33 |
prospective customers Promotional Points in amounts in excess of the amounts initially-approved |
|
34 |
by the Division with respect to the Initial and/or Supplementary Promotional Points Program), even |
|
|
|
|
1 |
if such additional amounts exceed four percent (4%) of Newport Grand net terminal income for the |
|
2 |
Prior Marketing Year plus seven hundred fifty thousand dollars ($750,000) in regard to the Initial |
|
3 |
Promotional Points Program for Newport Grand, or exceed sixteen percent (16%) of Newport |
|
4 |
Grand net terminal income for the Prior Marketing Year in regard to the Supplementary |
|
5 |
Promotional Points Program for Newport Grand, or exceed twenty percent (20%) of Newport |
|
6 |
Grand net terminal income for the Prior Marketing Year plus seven hundred fifty thousand dollars |
|
7 |
($750,000) in regard to the Newport Grand Initial and Supplementary Promotional Points Programs |
|
8 |
in the aggregate; provided however, that the expense of any such additional spending on |
|
9 |
Promotional Points shall be borne by Newport Grand, subject to subsection (a)(4) below. |
|
10 |
(4) Notwithstanding any prior public or general law, rule, regulation or policy to the |
|
11 |
contrary, Newport Grand shall remit to the Division the amount of any funds spent by Newport |
|
12 |
Grand in excess of the amounts initially-approved by the Division with respect to the Initial and/or |
|
13 |
Supplementary Promotional Points Programs – i.e., distributions to customers and prospective |
|
14 |
customers of Promotional Points in excess of the amounts initially-approved by the Division for |
|
15 |
the Initial and/or Supplementary Promotional Points Program, all pursuant to subsection (a)(3) |
|
16 |
above – and the Division shall distribute such funds to the entities (including Newport Grand) |
|
17 |
entitled to a portion (or percent) of net terminal income generated at Newport Grand pursuant to |
|
18 |
§42-61.2-7 of the Rhode Island General Laws, paying to each such entity (including Newport |
|
19 |
Grand) that portion of the funds that is equal to its portion (or percent) of net terminal income |
|
20 |
generated at Newport Grand as set forth in §42-61.2-7 of the Rhode Island General Laws. |
|
21 |
(b) Amendment to conform Newport Grand Master Contract to amendment to §42-61.2-7 |
|
22 |
of the Rhode Island General Laws. The Newport Grand Master Contract shall be amended to |
|
23 |
conform that contract to the amendments made by section 2 of this act to §42-61.2-7 of the Rhode |
|
24 |
Island General Laws. More specifically, the Newport Grand Master Contract shall be amended |
|
25 |
such that the last sentence of Section 3.1 of the Fourth Amendment to the Newport Grand Master |
|
26 |
Contract (dated July 14, 2015), shall read as follows, or with the following effect: "The increase in |
|
27 |
rate of net terminal income payable to Newport Grand provided for in this Section 3.1 shall sunset |
|
28 |
and expire upon the commencement of the operation of casino gaming at Twin River-Tiverton's |
|
29 |
facility located in the town of Tiverton, and the rate in effect as of June 30, 2013 shall be reinstated, |
|
30 |
and payable to the licensed entity hosting the casino gaming at such facility." |
|
31 |
(c) Except to the extent amended and/or clarified pursuant to subsections (a) and (b) above, |
|
32 |
the terms, provisions and conditions of the Newport Grand Master Contract, including without |
|
33 |
limitation those terms, provisions and conditions relating to the Initial Promotion Points Program, |
|
34 |
the Supplementary Promotional Points Program and the Marketing Program, shall remain in full |
|
|
|
|
1 |
force and effect. If there is a conflict between any provision of the Newport Grand Master Contract |
|
2 |
and this act, the provisions of this act control. |
|
3 |
SECTION 7. Section 23-17-38.1 of the General Laws in Chapter 23-17 entitled “Licensing |
|
4 |
of Health-Care Facilities” is hereby amended to read as follows: |
|
5 |
23-17-38.1. Hospitals – Licensing fee. |
|
6 |
|
|
7 |
|
|
8 |
|
|
9 |
|
|
10 |
|
|
11 |
|
|
12 |
|
|
13 |
|
|
14 |
|
|
15 |
|
|
16 |
|
|
17 |
|
|
18 |
|
|
19 |
|
|
20 |
|
|
21 |
|
|
22 |
|
|
23 |
two thousandths percent (5.652%) upon the net patient-services revenue of every hospital for the |
|
24 |
hospital's first fiscal year ending on or after January 1, 2015, except that the license fee for all |
|
25 |
hospitals located in Washington County, Rhode Island shall be discounted by thirty-seven percent |
|
26 |
(37%). The discount for Washington County hospitals is subject to approval by the Secretary of the |
|
27 |
U.S. Department of Health and Human Services of a state plan amendment submitted by the |
|
28 |
executive office of health and human services for the purpose of pursuing a waiver of the uniformity |
|
29 |
requirement for the hospital license fee. This licensing fee shall be administered and collected by |
|
30 |
the tax administrator, division of taxation within the department of revenue, and all the |
|
31 |
administration, collection and other provisions of chapter 51 of title 44 shall apply. Every hospital |
|
32 |
shall pay the licensing fee to the tax administrator on or before July 10, 2017, and payments shall |
|
33 |
be made by electronic transfer of monies to the general treasurer and deposited to the general fund. |
|
34 |
Every hospital shall, on or before June 14, 2017, make a return to the tax administrator containing |
|
|
|
|
1 |
the correct computation of net patient-services revenue for the hospital fiscal year ending |
|
2 |
September 30, 2015 and the licensing fee due upon that amount. All returns shall be signed by the |
|
3 |
hospital's authorized representative, subject to the pains and penalties of perjury. |
|
4 |
(b) There is also imposed a hospital licensing fee at the rate of five and fifty-seven |
|
5 |
hundredths percent (5.57%) upon the net patient-services revenue of every hospital for the |
|
6 |
hospital's first fiscal year ending on or after January 1, 2016, except that the license fee for all |
|
7 |
hospitals located in Washington County, Rhode Island shall be discounted by thirty-seven percent |
|
8 |
(37%). The discount for Washington County hospitals is subject to approval by the Secretary of the |
|
9 |
U.S. Department of Health and Human Services of a state plan amendment submitted by the |
|
10 |
executive office of health and human services for the purpose of pursuing a waiver of the uniformity |
|
11 |
requirement for the hospital license fee. This licensing fee shall be administered and collected by |
|
12 |
the tax administrator, division of taxation within the department of revenue, and all the |
|
13 |
administration, collection and other provisions of chapter 51 of title 44 shall apply. Every hospital |
|
14 |
shall pay the licensing fee to the tax administrator on or before July 10, 2018, and payments shall |
|
15 |
be made by electronic transfer of monies to the general treasurer and deposited to the general fund. |
|
16 |
Every hospital shall, on or before June 14, 2018, make a return to the tax administrator containing |
|
17 |
the correct computation of net patient-services revenue for the hospital fiscal year ending |
|
18 |
September 30, 2016 and the licensing fee due upon that amount. All returns shall be signed by the |
|
19 |
hospital's authorized representative, subject to the pains and penalties of perjury. |
|
20 |
(c) For purposes of this section the following words and phrases have the following |
|
21 |
meanings: |
|
22 |
(1) "Hospital" means the actual facilities and buildings in existence in Rhode Island, |
|
23 |
licensed pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on |
|
24 |
that license, regardless of changes in licensure status pursuant to chapter 17.14 of title 23 (hospital |
|
25 |
conversions) and §23-17-6(b) (change in effective control), that provides short-term acute inpatient |
|
26 |
and/or outpatient care to persons who require definitive diagnosis and treatment for injury, illness, |
|
27 |
disabilities, or pregnancy. Notwithstanding the preceding language, the negotiated Medicaid |
|
28 |
managed care payment rates for a court-approved purchaser that acquires a hospital through |
|
29 |
receivership, special mastership or other similar state insolvency proceedings (which court- |
|
30 |
approved purchaser is issued a hospital license after January 1, 2013) shall be based upon the newly |
|
31 |
negotiated rates between the court-approved purchaser and the health plan, and such rates shall be |
|
32 |
effective as of the date that the court-approved purchaser and the health plan execute the initial |
|
33 |
agreement containing the newly negotiated rate. The rate-setting methodology for inpatient hospital |
|
34 |
payments and outpatient hospital payments set for the §§ 40-8-13.4(b)(1)(B)(iii) and 40-8- |
|
|
|
|
1 |
13.4(b)(2), respectively, shall thereafter apply to negotiated increases for each annual twelve-month |
|
2 |
(12) period as of July 1 following the completion of the first full year of the court-approved |
|
3 |
purchaser's initial Medicaid managed care contract. |
|
4 |
(2) "Gross patient services revenue" means the gross revenue related to patient care |
|
5 |
services. |
|
6 |
(3) "Net patient services revenue" means the charges related to patient care services less (i) |
|
7 |
charges attributable to charity care; (ii) bad debt expenses; and (iii) contractual allowances. |
|
8 |
(d) The tax administrator shall make and promulgate any rules, regulations, and procedures |
|
9 |
not inconsistent with state law and fiscal procedures that he or she deems necessary for the proper |
|
10 |
administration of this section and to carry out the provisions, policy, and purposes of this section. |
|
11 |
(e) The licensing fee imposed by this section shall apply to hospitals as defined herein that |
|
12 |
are duly licensed on July 1, |
|
13 |
23-17-38 and to any licensing fees previously imposed in accordance with § 23-17-38.1. |
|
14 |
SECTION 8. Chapter 44-1 of the General Laws entitled "State Tax Officials" is hereby |
|
15 |
amended by adding thereto the following sections: |
|
16 |
44-1-37. Administrative penalties and attorney's fees. |
|
17 |
(a) Whenever a licensee and/or a taxpayer violates any provision of title 44 or the |
|
18 |
regulations promulgated thereunder, the tax administrator may, in accordance with the |
|
19 |
requirements of the Administrative Procedures Act, Chapter 35 of Title 42 of the Rhode Island |
|
20 |
General Laws: |
|
21 |
(1) Revoke or suspend a license or permit issued by the division of taxation; |
|
22 |
(2) Levy an administrative penalty in an amount not less than one hundred ($100) nor more |
|
23 |
than fifty thousand dollars ($50,000); |
|
24 |
(3) Order the violator to cease such actions; and/or |
|
25 |
(4) Any combination of the above penalties. |
|
26 |
(b) The tax administrator is hereby authorized, and may in his or her discretion, recover |
|
27 |
the reasonable cost of legal services provided by in-house attorneys in the Department of Revenue |
|
28 |
and/or the Division of Taxation incurred in matters pertaining to administrative hearings, court |
|
29 |
hearings, and appeals. Nothing in this section shall limit the power of the tax administrator to retain |
|
30 |
outside legal counsel and to recover the costs of such legal counsel pursuant to other provisions of |
|
31 |
the general laws. |
|
32 |
(c) Any monetary penalties assessed pursuant to this section shall be deposited in the |
|
33 |
general fund. |
|
34 |
44-1-38. Jeopardy determinations. |
|
|
|
|
1 |
If the tax administrator believes that the collection of any amount of tax, interest, and/or |
|
2 |
penalty assessed in a notice of deficiency determination will be jeopardized by a delay which could |
|
3 |
render a person or entity judgment proof and/or frustrate the collectability of said determination, |
|
4 |
the tax administrator shall thereupon make a jeopardy determination of the amount of tax required |
|
5 |
to be collected, including interest and penalties, if any. Said jeopardy determination shall state |
|
6 |
briefly the facts upon which it is based. The amount of the tax, interest, and/or penalties so |
|
7 |
determined shall be due and payable immediately upon the mailing by the tax administrator of the |
|
8 |
notice of that jeopardy determination. Within thirty (30) days of the date of the mailing of the notice |
|
9 |
of the jeopardy determination, the taxpayer may bring an action in the sixth (6th) division district |
|
10 |
court appealing the jeopardy determination. Within twenty (20) days after the action is commenced, |
|
11 |
the district court shall make a determination of whether or not the making of the jeopardy |
|
12 |
assessment was reasonable under the circumstances. |
|
13 |
44-1-39. Information deemed state property. |
|
14 |
For the purpose of determining taxpayer compliance, any and all information or data |
|
15 |
required to be generated or maintained pursuant to title 44 and/or the regulations promulgated |
|
16 |
thereunder, shall be deemed to be the property of the State of Rhode Island. |
|
17 |
SECTION 9. Sections 44-11-2.2 and 44-11-29 of the General Laws in Chapter 44-11 |
|
18 |
entitled "Business Corporation Tax" are hereby amended to read as follows: |
|
19 |
44-11-2.2 Pass-Through Entities – Definitions – Withholding – Returns. |
|
20 |
(a) Definitions. |
|
21 |
(1) "Pass-through entity" means a corporation that for the applicable tax year is treated as |
|
22 |
an S Corporation under IRC § 1362(a) [26 U.S.C. § 1362(a)], and a general partnership, limited |
|
23 |
partnership, limited liability partnership, trust, or limited liability company that for the applicable |
|
24 |
tax year is not taxed as a corporation for federal tax purposes under the state's check-the-box |
|
25 |
regulation. |
|
26 |
(2) "Member" means an individual who is a shareholder of an S corporation; a partner in a |
|
27 |
general partnership, a limited partnership, or a limited liability partnership; a member of a limited |
|
28 |
liability company; or a beneficiary of a trust; |
|
29 |
(3) "Nonresident" means an individual who is not a resident of or domiciled in the state, a |
|
30 |
business entity that does not have its commercial domicile in the state, and a trust not organized in |
|
31 |
the state. |
|
32 |
(b) Withholding. |
|
33 |
(1) A pass-through entity shall withhold income tax at the highest Rhode Island |
|
34 |
withholding tax rate provided for individuals or |
|
|
|
|
1 |
corporations on the member's share of income of the entity which is derived from or attributable to |
|
2 |
sources within this state distributed to each nonresident member and pay the withheld amount in |
|
3 |
the manner prescribed by the tax administrator. The pass-through entity shall be liable for the |
|
4 |
payment of the tax required to be withheld under this section and shall not be liable to such member |
|
5 |
for the amount withheld and paid over in compliance with this section. A member of a pass-through |
|
6 |
entity that is itself a pass-through entity (a "lower-tier pass-through entity") shall be subject to this |
|
7 |
same requirement to withhold and pay over income tax on the share of income distributed by the |
|
8 |
lower-tier pass-through entity to each of its nonresident members. The tax administrator shall apply |
|
9 |
tax withheld and paid over by a pass-through entity on distributions to a lower-tier pass-through |
|
10 |
entity to the withholding required of that lower-tier pass-through entity. |
|
11 |
(2) A pass-through entity shall, at the time of payment made pursuant to this section, deliver |
|
12 |
to the tax administrator a return upon a form prescribed by the tax administrator showing the total |
|
13 |
amounts paid or credited to its nonresident members, the amount withheld in accordance with this |
|
14 |
section, and any other information the tax administrator may require. A pass-through entity shall |
|
15 |
furnish to its nonresident member annually, but not later than the fifteenth day of the third month |
|
16 |
after the end of its taxable year, a record of the amount of tax withheld on behalf of such member |
|
17 |
on a form prescribed by the tax administrator. |
|
18 |
(c) Notwithstanding subsection (b), a pass-through entity is not required to withhold tax |
|
19 |
for a nonresident member if: |
|
20 |
(1) The member has a pro rata or distributive share of income of the pass-through entity |
|
21 |
from doing business in, or deriving income from sources within, this State of less than $1,000 per |
|
22 |
annual accounting period; |
|
23 |
(2) The tax administrator has determined by regulation, ruling or instruction that the |
|
24 |
member's income is not subject to withholding; or |
|
25 |
(3) The member elects to have the tax due paid as part of a composite return filed by the |
|
26 |
pass-through entity under subsection (d); or |
|
27 |
(4) The entity is a publicly traded partnership as defined by Section 7704(b) of the Internal |
|
28 |
Revenue Code (26 U.S.C. § 7704(b)) that is treated as a partnership for the purposes of the Internal |
|
29 |
Revenue Code and that has agreed to file an annual information return reporting the name, address, |
|
30 |
taxpayer identification number and other information requested by the tax administrator of each |
|
31 |
unitholder with an income in the state in excess of $500. |
|
32 |
(d) Composite return. |
|
33 |
(1) A pass-through entity may file a composite income tax return on behalf of electing |
|
34 |
nonresident members reporting and paying income tax at the state's highest marginal rate on the |
|
|
|
|
1 |
members' pro rata or distributive shares of income of the pass-through entity from doing business |
|
2 |
in, or deriving income from sources within, this State. |
|
3 |
(2) A nonresident member whose only source of income within a state is from one or more |
|
4 |
pass-through entities may elect to be included in a composite return filed pursuant to this section. |
|
5 |
(3) A nonresident member that has been included in a composite return may file an |
|
6 |
individual income tax return and shall receive credit for tax paid on the member's behalf by the |
|
7 |
pass-through entity. |
|
8 |
44-11-29. Notice to tax administrator of sale of assets – Tax due. |
|
9 |
(a) The sale or transfer of the major part in value of the assets of a domestic corporation, |
|
10 |
domestic limited liability company, domestic limited partnership, or any other domestic business |
|
11 |
entity, or of the major part in value of the assets situated in this state of a foreign corporation, |
|
12 |
foreign limited liability company, foreign limited partnership, or any other foreign business entity, |
|
13 |
other than in the ordinary course of trade and in the regular
and usual prosecution of |
|
14 |
|
|
15 |
other business entity whether domestic or foreign, and the sale or transfer of the major part in value |
|
16 |
of the assets of a domestic corporation, domestic limited liability company, domestic limited |
|
17 |
partnership, or any other domestic corporation business entity, or of the major part in value of the |
|
18 |
assets situated in this state of a foreign corporation, foreign limited liability company, foreign |
|
19 |
limited partnership, or any other foreign business entity which is engaged in the business of buying, |
|
20 |
selling, leasing, renting, managing, or dealing in real estate, shall be fraudulent and void as against |
|
21 |
the state unless the corporation, limited liability company, limited partnership, or any other business |
|
22 |
entity, whether domestic or foreign, |
|
23 |
or transfer, |
|
24 |
terms, and conditions of the sale or transfer and of the character and location of the assets by |
|
25 |
requesting a letter of good standing from the tax division. Whenever a corporation, limited liability |
|
26 |
company, limited partnership, or any other business entity,
whether domestic or foreign, |
|
27 |
makes such a sale or transfer, |
|
28 |
filed under this title must be filed and any and all taxes imposed under this title shall become due |
|
29 |
and payable at the time when the tax administrator is so notified of the sale or transfer, or, if he or |
|
30 |
she is not so notified, at the time when he or she should have been notified of the sale or transfer. |
|
31 |
(b) This section shall not apply to sales by receivers, assignees under a voluntary |
|
32 |
assignment for the benefit of creditors, trustees in bankruptcy, debtors in possession in bankruptcy, |
|
33 |
or public officers acting under judicial process. |
|
34 |
SECTION 10. Section 44-18-30 of the General Laws in Chapter 44-18 entitled "Sales and |
|
|
|
|
1 |
Use Taxes – Liability and Computation" is hereby amended to read as follows: |
|
2 |
44-18-30.1. Application for certificate of exemption – Fees. |
|
3 |
A fee of twenty-five dollars ($25.00) shall be paid by all organizations applying for a |
|
4 |
certificate of exemption from the Rhode Island sales and use tax under § 44-18-30(5). The |
|
5 |
certificate of exemption shall be valid for four (4) years from the date of issue. All fees collected |
|
6 |
under this section shall be allocated to the tax administrator for enforcement and collection of all |
|
7 |
taxes. All certificates issued prior to the effective date of this section shall expire four (4) years |
|
8 |
from the effective date of this section. |
|
9 |
SECTION 11. Sections 44-19-22, 44-19-31, and 44-19-42 of the General Laws in Chapter |
|
10 |
44-19 entitled "Sales and Use Taxes – Enforcement and Collection" are hereby amended to read as |
|
11 |
follows: |
|
12 |
44-19-22. Notice of transfer of business – Taxes due immediately. |
|
13 |
The sale or transfer by any taxpayer other than receivers, assignees under a voluntary |
|
14 |
assignment for the benefit of creditors, trustees in bankruptcy, debtors in possession in bankruptcy, |
|
15 |
or public officers acting under judicial process of the major part in value of the assets of the taxpayer |
|
16 |
other than in the ordinary course of trade and the regular and usual prosecution of the taxpayer's |
|
17 |
business, is fraudulent and void as against the state, unless the taxpayer, at least five (5) days before |
|
18 |
the sale or transfer, notifies the tax administrator of the proposed sale or transfer and of the price, |
|
19 |
terms, and conditions of the sale or transfer and of the character and location of those assets by |
|
20 |
requesting a letter of good standing from the tax division. Whenever the taxpayer makes a sale or |
|
21 |
transfer, any and all tax returns required to be filed under this title must be filed and any and all |
|
22 |
taxes imposed under |
|
23 |
is so notified of the sale or transfer, or, if the administrator is not so notified, at the time when he |
|
24 |
or she |
|
25 |
44-19-31. Penalty for violations generally. |
|
26 |
Any retailer or other person failing to file a return or report required by this chapter, or |
|
27 |
filing or causing to be filed, or making or causing to be made, or giving or causing to be given any |
|
28 |
return, report, certificate, affidavit, representation, information, testimony, or statement required or |
|
29 |
authorized by this chapter, which is willfully false, or willfully failing to file a bond required by |
|
30 |
this chapter or willfully failing to comply with the provisions of this chapter, or failing to file a |
|
31 |
registration certificate and that data in connection with it as the tax administrator by regulation or |
|
32 |
may require, or to display or surrender a permit as required by this chapter, or assigning or |
|
33 |
transferring the permit, or failing to file a notice of a show or failing to display a permit to operate |
|
34 |
a show or operating a show without obtaining a permit, or permitting a person to display or sell |
|
|
|
|
1 |
tangible personal property, services, or food and drink at a show without displaying a permit, or |
|
2 |
willfully failing to charge separately the tax imposed by this chapter or to state the tax separately |
|
3 |
on any bill, statement, memorandum, or receipt issued or employed by the person upon which the |
|
4 |
tax is required to be stated separately as provided in § 44-19-8, or willfully failing to collect the tax |
|
5 |
from a customer, or willfully failing to remit any tax to the state which was collected from a |
|
6 |
customer, or who refers or causes reference to be made to this tax in a form or manner other than |
|
7 |
that required by this chapter, or failing to keep any records required by this chapter, is, in addition |
|
8 |
to any other penalties in this chapter or elsewhere prescribed, guilty of a felony, punishment for |
|
9 |
which is a fine of not more than |
|
10 |
($25,000), or imprisonment for |
|
11 |
44-19-42. Suppression of
Sales |
|
12 |
applicability. |
|
13 |
(a) As used in this section: |
|
14 |
(1)"Automated sales suppression device," also known as a "zapper," means a software |
|
15 |
program, carried on a memory stick or removable compact disc, accessed through an Internet link, |
|
16 |
or accessed through any other means, that falsifies transaction data, transaction reports, or any other |
|
17 |
electronic records of electronic cash registers and other point-of-sale systems. |
|
18 |
(2) "Electronic cash register" means a device that keeps a register, accounting, or |
|
19 |
supporting documents through the means of an electronic device or computer system designed to |
|
20 |
record transaction data for the purpose of computing, compiling, or processing retail sales |
|
21 |
transaction data in any manner. |
|
22 |
(3) "Phantom-ware" means a hidden programming option, whether preinstalled or installed |
|
23 |
at a later time, embedded in the operating system of an electronic cash register or hardwired into |
|
24 |
the electronic cash register that: |
|
25 |
(i) Can be used to create a virtual second till; or |
|
26 |
(ii) May eliminate or manipulate transaction records in any manner. |
|
27 |
(4) "Remote data manipulation means and includes, but is not limited to, sending, |
|
28 |
transmitting, transporting, or receiving through any electronic means any and all transaction data |
|
29 |
to a remote location, whether or not that location is within Rhode Island or outside the state or the |
|
30 |
United States, for the purpose of manipulating and/or altering said data in any way, whether or not |
|
31 |
the actual manipulation is performed manually or through automated means. |
|
32 |
|
|
33 |
A taxability determination for each item, a segregated tax amount for each of the taxed items, the |
|
34 |
amount of cash, debit, or credit tendered, the net amount returned to the customer in change, the |
|
|
|
|
1 |
date and time of the purchase, the name, address, and identification number of the vendor, and the |
|
2 |
receipt or invoice number of the transaction. |
|
3 |
|
|
4 |
taxes collected, media totals, and discount voids at an electronic cash register that is printed on cash |
|
5 |
register tape at the end of a day or shift, or a report documenting every action at an electronic cash |
|
6 |
register that is stored electronically. |
|
7 |
(b) A person shall not knowingly sell, purchase, install, transfer or possess an automated |
|
8 |
sales suppression device or phantom-ware. |
|
9 |
(c) A person shall not knowingly suppress sales by engaging in remote data manipulation, |
|
10 |
either as the sender or the receiver of the information. |
|
11 |
|
|
12 |
a felony and, upon conviction, shall be subject to a fine not exceeding fifty-thousand dollars |
|
13 |
($50,000) or imprisonment not exceeding five (5) years, or both. |
|
14 |
|
|
15 |
liable to the state for: |
|
16 |
(1) All taxes, interest, and penalties due as the result of the person's use of an automated |
|
17 |
sales suppression device or phantom-ware and/or remote data manipulation; and |
|
18 |
(2) All profits associated with the person's sale of an automated sales suppression device |
|
19 |
or phantom-ware and/or remote data manipulation. |
|
20 |
|
|
21 |
such device or software shall be deemed contraband and shall be subject to seizure by the tax |
|
22 |
administrator or by a law enforcement officer when directed to do so by the tax administrator. |
|
23 |
|
|
24 |
laws § 44-19-42, if by October 1, 2014, the person: |
|
25 |
(1) Notifies the division of taxation of the person's possession of an automated sales |
|
26 |
suppression device; |
|
27 |
(2) Provides any and all information requested by the division of taxation, including |
|
28 |
transaction records, software specifications, encryption keys, passwords, and other data; and |
|
29 |
(3) Corrects any underreported sales tax records and fully pays the division of taxation any |
|
30 |
amounts previously owed. |
|
31 |
|
|
32 |
under any other provision of the law. |
|
33 |
SECTION 12. Sections 44-20-12 and 44-20-13of the General Laws in Chapter 44-20 |
|
34 |
entitled "Cigarette Tax" are hereby amended to read as follows |
|
|
|
|
1 |
44-20-12. Tax imposed on cigarettes sold. |
|
2 |
A tax is imposed on all cigarettes sold or held for sale in the state. The payment of the tax |
|
3 |
to be evidenced by stamps, which may be affixed only by licensed distributors to the packages |
|
4 |
containing such cigarettes. Any cigarettes on which the proper amount of tax provided for in this |
|
5 |
chapter has been paid, payment being evidenced by the stamp, is not subject to a further tax under |
|
6 |
this chapter. The tax is at the rate of |
|
7 |
twelve and one-half (212.5) mills for each cigarette. |
|
8 |
44-20-13. Tax imposed on unstamped cigarettes. |
|
9 |
A tax is imposed at the rate of |
|
10 |
twelve and one-half (212.5) mills for each cigarette upon the storage or use within this state of any |
|
11 |
cigarettes not stamped in accordance with the provisions of this chapter in the possession of any |
|
12 |
consumer within this state. |
|
13 |
SECTION 13. Chapter 44-20 of the General Laws entitled "Cigarette Tax" is hereby |
|
14 |
amended by adding thereto the following section: |
|
15 |
44-20-12.6. Floor stock tax on cigarettes and stamps. |
|
16 |
(a) Each person engaging in the business of selling cigarettes at retail in this state shall pay |
|
17 |
a tax or excise to the state for the privilege of engaging in that business during any part of the |
|
18 |
calendar year 2017. In calendar year 2017, the tax shall be measured by the number of cigarettes |
|
19 |
held by the person in this state at 12:01 a.m. on August 1, 2017 and is computed at the rate of |
|
20 |
twenty-five (25.0) mills for each cigarette on August 1, 2017. |
|
21 |
(b) Each distributor licensed to do business in this state pursuant to this chapter shall pay a |
|
22 |
tax or excise to the state for the privilege of engaging in that business during any part of the calendar |
|
23 |
year 2017. The tax is measured by the number of stamps, whether affixed or to be affixed to |
|
24 |
packages of cigarettes, as required by § 44-20-28. In calendar year 2017 the tax is measured by the |
|
25 |
number of stamps), whether affixed or to be affixed, held by the distributor at 12:01 a.m. on August |
|
26 |
1, 2017, and is computed at the rate of twenty-five (25.0) mills per cigarette in the package to which |
|
27 |
the stamps are affixed or to be affixed. |
|
28 |
(c) Each person subject to the payment of the tax imposed by this section shall, on or before |
|
29 |
August 15, 2017, file a return, under oath or certified under the penalties of perjury, with the tax |
|
30 |
administrator on forms furnished by him or her, showing the amount of cigarettes and the number |
|
31 |
of stamps in that person's possession in this state at 12:01 a.m. on August 1, 2017, as described in |
|
32 |
this section above, and the amount of tax due, and shall at the time of filing the return pay the tax |
|
33 |
to the tax administrator. Failure to obtain forms shall not be an excuse for the failure to make a |
|
34 |
return containing the information required by the tax administrator. |
|
|
|
|
1 |
(d) The tax administrator may prescribe rules and regulations, not inconsistent with law, |
|
2 |
with regard to the assessment and collection of the tax imposed by this section. |
|
3 |
SECTION 14. The title of Chapter 44-20 of the General Laws entitled "Cigarette Tax" is |
|
4 |
hereby amended to read as follows: |
|
5 |
|
|
6 |
|
|
7 |
CHAPTER 44-20 |
|
8 |
CIGARETTE AND OTHER TOBACCO PRODUCTS TAX |
|
9 |
SECTION 15. Sections 44-20-1, 44-20-3, 44-20-4.1, 44-20-8, 44-20-8.2, 44-20-13.2, 44- |
|
10 |
20-15, 44-20-33, 44-20-35, 44-20-40.1, 44-20-43, 44-20-45, and 44-20-51.1 of the General Laws |
|
11 |
in Chapter 44-20 entitled "Cigarette Tax" are hereby amended to read as follows: |
|
12 |
44-20-1. Definitions. |
|
13 |
Whenever used in this chapter, unless the context requires otherwise: |
|
14 |
(1) "Administrator" means the tax administrator; |
|
15 |
(2) "Cigarettes" means and includes any cigarettes suitable for smoking in cigarette form, |
|
16 |
and each sheet of cigarette rolling paper, including but not limited to, paper made into a hollow |
|
17 |
cylinder or cone, made with paper or any other material, with or without a filter suitable for use in |
|
18 |
making cigarettes; |
|
19 |
(3) "Dealer" means any person whether located within or outside of this state, who sells or |
|
20 |
distributes cigarettes and/or other tobacco products to a consumer in this state; |
|
21 |
(4) "Distributor" means any person: |
|
22 |
(A) Whether located within or outside of this state, other than a dealer, who sells or |
|
23 |
distributes cigarettes and/or other tobacco products within or into this state. Such term shall not |
|
24 |
include any cigarette or other tobacco product manufacturer, export warehouse proprietor, or |
|
25 |
importer with a valid permit under 26 U.S.C. § 5712, if such person sells or distributes cigarettes |
|
26 |
and/or other tobacco products in this state only to licensed distributors, or to an export warehouse |
|
27 |
proprietor or another manufacturer with a valid permit under 26 U.S.C. § 5712; |
|
28 |
(B) Selling cigarettes and/or other tobacco products directly to consumers in this state by |
|
29 |
means of at least twenty-five (25) |
|
30 |
(C) Engaged in this state in the business of manufacturing cigarettes and/or other tobacco |
|
31 |
products or any person engaged in the business of selling cigarettes and/or other tobacco products |
|
32 |
to dealers, or to other persons, for the purpose of resale only; provided, that seventy-five percent |
|
33 |
(75%) of all cigarettes and/or other tobacco products sold by that person in this state are sold to |
|
34 |
dealers or other persons for resale and selling cigarettes and/or other tobacco products directly to |
|
|
|
|
1 |
at least forty (40) dealers or other persons for resale; or |
|
2 |
(D) Maintaining one or more regular places of business in this state for that purpose; |
|
3 |
provided, that seventy-five percent (75%) of the sold cigarettes and/or other tobacco products are |
|
4 |
purchased directly from the manufacturer and selling cigarettes and/or other tobacco products |
|
5 |
directly to at least forty (40) dealers or other persons for resale; |
|
6 |
(5) "Importer" means any person who imports into the United States, either directly or |
|
7 |
indirectly, a finished cigarette or other tobacco product for sale or distribution; |
|
8 |
(6) "Licensed", when used with reference to a manufacturer, importer, distributor or dealer, |
|
9 |
means only those persons who hold a valid and current license issued under § 44-20-2 for the type |
|
10 |
of business being engaged in. When the term "licensed" is used before a list of entities, such as |
|
11 |
"licensed manufacturer, importer, wholesale dealer, or retailer dealer," such term shall be deemed |
|
12 |
to apply to each entity in such list; |
|
13 |
(7) "Manufacturer" means any person who manufactures, fabricates, assembles, processes, |
|
14 |
or labels a finished cigarette and/or other tobacco products; |
|
15 |
(8) "Other tobacco products" (OTP) means any cigars (excluding Little Cigars, as defined |
|
16 |
in § 44-20.2-1, which are subject to cigarette tax), cheroots, stogies, smoking tobacco (including |
|
17 |
granulated, plug cut, crimp cut, ready rubbed and any other kinds and forms of tobacco suitable for |
|
18 |
smoking in a otherwise), chewing tobacco (including Cavendish, twist, plug, scrap and any other |
|
19 |
kinds and forms of tobacco suitable for chewing), any and all forms of hookah, shisha and |
|
20 |
"mu'assel" tobacco, snuff, and shall include any other articles or products made of or containing |
|
21 |
tobacco, in whole or in part, or any tobacco substitute, except cigarettes; |
|
22 |
|
|
23 |
partnership, corporation, trust, or association, however formed; |
|
24 |
(10) "Pipe" means an apparatus made of any material used to burn or vaporize products so |
|
25 |
that the smoke or vapors can be inhaled or ingested by the user; |
|
26 |
|
|
27 |
other tobacco products are sold, |
|
28 |
|
|
29 |
facility immediately adjacent to the location. It also includes any receptacle, hide, vessel, vehicle, |
|
30 |
airplane, train, or vending machine; |
|
31 |
|
|
32 |
cigarettes and/or other tobacco products. The act of holding, storing, or keeping cigarettes and/or |
|
33 |
other tobacco products at a place of business for any purpose shall be presumed to be holding the |
|
34 |
cigarettes and/or other tobacco products for sale. Furthermore, any sale of cigarettes and/or other |
|
|
|
|
1 |
tobacco products by the servants, employees, or agents of the licensed dealer during business hours |
|
2 |
at the place of business shall be presumed to be a sale by the licensee; |
|
3 |
|
|
4 |
printed, or made as prescribed by the administrator to be affixed to packages of cigarettes, as |
|
5 |
evidence of the payment of the tax provided by this chapter or to indicate that the cigarettes are |
|
6 |
intended for a sale or distribution in this state that is exempt from state tax under the provisions of |
|
7 |
state law; and also includes impressions made by metering machines authorized to be used under |
|
8 |
the provisions of this chapter. |
|
9 |
44-20-3. Penalties for unlicensed business. |
|
10 |
Any distributor or dealer who sells, offers for sale, or possesses with intent to sell, cigarettes |
|
11 |
and/or any other tobacco products without a license as provided
in § 44-20-2, |
|
12 |
|
|
13 |
misdemeanor, and shall be fined not more than ten thousand dollars ($10,000) for each offense, or |
|
14 |
be imprisoned for a term not to exceed one (1) year, or be punished by both a fine and |
|
15 |
imprisonment. |
|
16 |
44-20-4.1. License availability. |
|
17 |
(a) No license under this chapter may be granted, maintained or renewed if the applicant, |
|
18 |
or any combination of persons owning directly or indirectly any interests in the applicant: |
|
19 |
(1) Owes five hundred dollars
($500) or more in delinquent |
|
20 |
(2) Is delinquent in any tax filings for one month or more; |
|
21 |
(3) Had a license under this chapter revoked by the administrator within the past two (2) |
|
22 |
years; |
|
23 |
(4) Has been convicted of a crime
relating to cigarettes |
|
24 |
and/or other tobacco products; |
|
25 |
(5) Is a cigarette manufacturer or importer that is neither: (i) a participating manufacturer |
|
26 |
as defined in subjection II (jj) of the "Master Settlement Agreement" as defined in § 23-71-2; nor |
|
27 |
(ii) in full compliance with chapter 20.2 of this title and § 23-71-3; |
|
28 |
(6) Has imported, or caused to be imported, into the United States any cigarette or other |
|
29 |
tobacco product in violation of 19 U.S.C. § 1681a; or |
|
30 |
(7) Has imported, or caused to be imported, into the United States, or manufactured for |
|
31 |
sale or distribution in the United States any cigarette that does not fully comply with the Federal |
|
32 |
Cigarette Labeling and Advertising Act (15 U.S.C. § 1331, et. seq). |
|
33 |
(b)(1) No person shall apply for a new license or permit (as defined in § 44-19-1) or renewal |
|
34 |
of a license or permit, and no license or permit shall be issued or renewed for any applicant, or any |
|
|
|
|
1 |
combination of persons owning directly or indirectly any
interests in the applicant |
|
2 |
all outstanding fines, fees or other charges relating to any
license or permit held by |
|
3 |
applicant, or any combination of persons owning directly or indirectly any interests in the applicant, |
|
4 |
as well as any other tax obligations of the applicant, or any combination of persons owning directly |
|
5 |
or indirectly any interests in the applicant have been paid. |
|
6 |
(2) No license or permit shall be
issued relating to a business |
|
7 |
all prior licenses or permits relating to that business or to that location have been officially |
|
8 |
terminated and all fines, fees or charges relating to the prior |
|
9 |
paid or otherwise resolved or the administrator has found that the person applying for the new |
|
10 |
license or permit is not acting as an agent for the prior licensee or permit holder who is subject to |
|
11 |
any such related fines, fees or charges that are still due. Evidence of such agency status includes, |
|
12 |
but is not limited to, a direct familial relationship and/or an employment, contractual or other formal |
|
13 |
financial or business relationship with the prior licensee or permit holder. |
|
14 |
(3) No person shall apply for a new license or permit pertaining to a specific location in |
|
15 |
order to evade payment of any fines, fees or other charges
relating to a prior license or permit |
|
16 |
|
|
17 |
(4) No new license or permit shall be issued for a business at a specific location for which |
|
18 |
a license or permit already has been issued unless there is a bona fide, good faith change in |
|
19 |
ownership of the business at that location. |
|
20 |
(5) No license or permit shall be issued, renewed or maintained for any person, including |
|
21 |
the owners of the business being licensed or having applied and received a permit, that has been |
|
22 |
convicted of violating any criminal law relating to tobacco products, the payment of taxes or fraud |
|
23 |
or has been ordered to pay civil fines of more than twenty-five thousand ($25,000) dollars for |
|
24 |
violations of any civil law relating to tobacco products, the payment of taxes or fraud. |
|
25 |
44-20-8. Suspension or revocation of license. |
|
26 |
The tax administrator may suspend or revoke any license under this chapter for failure of |
|
27 |
the licensee to comply with any provision of this chapter or with any provision of any other law or |
|
28 |
ordinance relative to the sale or purchase of cigarettes or
other tobacco products |
|
29 |
administrator may also suspend or revoke any license for failure of the licensee to comply with any |
|
30 |
provision of chapter 19 of title 44 and chapter 13 of title 6, and, for the purpose of determining |
|
31 |
whether the licensee is complying with any provision of chapter 13 of title 6, the tax administrator |
|
32 |
and his or her authorized agents are empowered, in addition to authority conferred by § 44-20-40, |
|
33 |
to examine the books, papers, and records of any licensee. The administrator shall revoke the |
|
34 |
license of any person who would be ineligible to obtain a new or renew a license by reason of any |
|
|
|
|
1 |
of the conditions for licensure provided in § 44-20-4.1. Any person aggrieved by the suspension or |
|
2 |
revocation may apply to the administrator for a hearing as provided in § 44-20-47, and may further |
|
3 |
appeal to the district court as provided in § 44-20-48. |
|
4 |
44-20-8.2. Transactions only with licensed manufacturers, importers, distributors, |
|
5 |
and dealers. |
|
6 |
A manufacturer or importer may sell or distribute cigarettes and/or other tobacco products |
|
7 |
to a person located or doing business within this state, only if such person is a licensed importer or |
|
8 |
distributor. An importer may obtain cigarettes and/or other tobacco products only from a licensed |
|
9 |
manufacturer. A distributor may sell or distribute cigarettes and/or other tobacco products to a |
|
10 |
person located or doing business within this state, only if such person is a licensed distributor or |
|
11 |
dealer. A distributor may obtain cigarettes and/or other tobacco products only from a licensed |
|
12 |
manufacturer, importer, or distributor. A dealer may obtain cigarettes and/or other tobacco products |
|
13 |
only from a licensed distributor. |
|
14 |
44-20-13.2. Tax imposed on other tobacco products, smokeless tobacco, cigars, and |
|
15 |
pipe tobacco products. |
|
16 |
(a) A tax is imposed on all other tobacco products, smokeless tobacco, cigars, and pipe |
|
17 |
tobacco products sold, |
|
18 |
accomplished according to a mechanism established by the administrator, division of taxation, |
|
19 |
department of |
|
20 |
|
|
21 |
|
|
22 |
(1) At the rate of eighty percent (80%) of the wholesale cost of other tobacco products, |
|
23 |
cigars, pipe tobacco products and smokeless tobacco other than snuff. |
|
24 |
(2) Notwithstanding the eighty percent (80%) rate in subsection (a) above, in the case of |
|
25 |
cigars, the tax shall not exceed fifty cents ($.50) for each cigar. |
|
26 |
(3) At the rate of one dollar ($1.00) per ounce of snuff, and a proportionate tax at the like |
|
27 |
rate on all fractional parts of an ounce thereof. Such tax shall be computed based on the net weight |
|
28 |
as listed by the manufacturer, provided, however, that any product listed by the manufacturer as |
|
29 |
having a net weight of less than 1.2 ounces shall be taxed as if the product has a net weight of 1.2 |
|
30 |
ounces. |
|
31 |
|
|
32 |
|
|
33 |
|
|
34 |
|
|
|
|
|
1 |
|
|
2 |
|
|
3 |
|
|
4 |
|
|
5 |
|
|
6 |
44-20-15. Confiscation of contraband cigarettes, other tobacco products, and other |
|
7 |
property. |
|
8 |
(a) All cigarettes and other tobacco products which are held for sale or distribution within |
|
9 |
the borders of this state in violation of the requirements of this chapter are declared to be contraband |
|
10 |
goods and may be seized by the tax administrator or his or her agents, or employees, or by any |
|
11 |
sheriff or his or her deputy or any police officer when directed by the tax administrator to do so, |
|
12 |
without a warrant. All |
|
13 |
destroyed. |
|
14 |
(b) All fixtures, equipment, and all other materials and personal property on the premises |
|
15 |
of any distributor or dealer who, with the intent to defraud the state, fails to keep or make any |
|
16 |
record, return, report, or inventory; keeps or makes any false or fraudulent record, return, report, or |
|
17 |
inventory required by this chapter; refuses to pay any tax imposed by this chapter; or attempts in |
|
18 |
any manner to evade or defeat the requirements of this chapter shall be forfeited to the state. |
|
19 |
44-20-33. Sale of contraband
|
|
20 |
products prohibited. |
|
21 |
No distributor shall sell, and no other person shall sell, offer for sale, display for sale, or |
|
22 |
possess with intent to sell any contraband other tobacco products or contraband cigarettes, the |
|
23 |
packages or boxes |
|
24 |
imposed by this chapter. |
|
25 |
44-20-35. Penalties for violations as to unstamped contraband cigarettes or |
|
26 |
contraband other tobacco products. |
|
27 |
(a) Any person who violates any provision of §§ 44-20-33 and 44-20-34 shall be fined or |
|
28 |
imprisoned, or both fined and imprisoned, as follows: |
|
29 |
(1) For a first offense in a
twenty-four-month (24) period, fined |
|
30 |
|
|
31 |
cigarettes and/or contraband other tobacco products |
|
32 |
imprisoned not more than one (1) year, or be both fined and imprisoned; |
|
33 |
(2) For a second or subsequent
offense in a twenty-four-month (24) period, fined |
|
34 |
|
|
|
|
|
1 |
|
|
2 |
|
|
3 |
(b) When determining the amount of a fine sought or imposed under this section, evidence |
|
4 |
of mitigating factors, including history, severity, and intent shall be considered. |
|
5 |
44-20-40.1. Inspections. |
|
6 |
(a) The administrator or his or her duly authorized agent shall have authority to enter and |
|
7 |
inspect, without a warrant during normal business hours, and with a warrant during nonbusiness |
|
8 |
hours, the facilities and records of any manufacturer, importer, distributor or dealer. |
|
9 |
(b) In any case where the administrator or his or her duly authorized agent, or any police |
|
10 |
officer |
|
11 |
of this state, has knowledge or reasonable grounds to believe that any vehicle is |
|
12 |
transporting cigarettes or other tobacco products in violation of this chapter, the administrator, such |
|
13 |
agent, or such police officer, is authorized to stop such vehicle and to inspect the same for |
|
14 |
contraband cigarettes or other tobacco products. |
|
15 |
44-20-43. Violations as to reports and records. |
|
16 |
Any person who fails to submit the reports required in this chapter by the tax administrator |
|
17 |
under this chapter, or who makes any incomplete, false, or fraudulent report, or who refuses to |
|
18 |
permit the tax administrator or his or her authorized agent to examine any books, records, papers, |
|
19 |
or stocks of cigarettes or other tobacco products as provided in this chapter, or who refuses to |
|
20 |
supply the tax administrator with any other information which the tax administrator requests for |
|
21 |
the reasonable and proper enforcement of the provisions of this chapter, shall be guilty of a |
|
22 |
misdemeanor punishable by imprisonment up to one (1) year, or
a fine |
|
23 |
thousand dollars ($5,000), or both, for the first offense, and for each subsequent offense, shall be |
|
24 |
fined not more than ten thousand dollars ($10,000), or be imprisoned not more than five (5) years, |
|
25 |
or |
|
26 |
44-20-45. Importation of cigarettes and/or other tobacco products with intent to evade |
|
27 |
tax. |
|
28 |
Any person, firm, corporation,
club, or association of persons who |
|
29 |
cigarettes and/or other tobacco products for another or pools orders for cigarettes and/or other |
|
30 |
tobacco products from any persons or conspires with others for pooling orders, or receives in this |
|
31 |
state any shipment of |
|
32 |
on which the tax imposed by this chapter has not been paid, for the purpose and intention of |
|
33 |
violating the provisions of this chapter or to avoid payment of the tax imposed in this chapter, is |
|
34 |
guilty of a felony and shall be fined one hundred thousand dollars ($100,000) or five (5) times the |
|
|
|
|
1 |
retail value of the cigarettes involved, whichever is greater, or imprisoned not more than fifteen |
|
2 |
(15) years, or both. |
|
3 |
44-20-51.1. Civil Penalties. |
|
4 |
(a) Whoever omits, neglects, or refuses to comply with any duty imposed upon him/her by |
|
5 |
this chapter, or does, or causes to be done, any of the things required by this chapter, or does |
|
6 |
anything prohibited by this chapter, shall, in addition to any other penalty provided in this chapter, |
|
7 |
be liable as follows: |
|
8 |
(1) For a first offense in a
twenty-four month (24) period, a penalty of not more than |
|
9 |
|
|
10 |
tobacco products involved |
|
11 |
and |
|
12 |
(2) For a second or subsequent offense in a twenty-four-month (24) period, a penalty of |
|
13 |
not more than |
|
14 |
value of the cigarettes and/or other tobacco products
involved |
|
15 |
|
|
16 |
(b) Whoever fails to pay any tax imposed by this chapter at the time prescribed by law or |
|
17 |
regulations, shall, in addition to any other penalty provided in this chapter, be liable for a penalty |
|
18 |
of one thousand dollars ($1,000) or not more than five (5) times the tax due but unpaid, whichever |
|
19 |
is greater. |
|
20 |
(c) When determining the amount of a penalty sought or imposed under this section, |
|
21 |
evidence of mitigating or aggravating factors, including history, severity, and intent, shall be |
|
22 |
considered. |
|
23 |
SECTION 16. Section 44-26-2.1 of the General Laws in Chapter 44-26 entitled |
|
24 |
"Declaration of Estimated Tax by Corporations" is hereby amended to read as follows: |
|
25 |
44-26-2.1. Declaration -- Due date -- Payment -- Interest. |
|
26 |
(a) Notwithstanding any general or specific statute to the contrary, every corporation |
|
27 |
having a taxable year ending December 31, 1990, or thereafter, until December 21, 2017 shall file |
|
28 |
a declaration and payment of its estimated tax for the taxable year ending December 31, 1990, or |
|
29 |
thereafter, until December 31, 2017, as applicable herein, if its estimated tax can reasonably be |
|
30 |
expected to exceed five hundred dollars ($500). Every corporation having a taxable year after |
|
31 |
December 31, 2017, shall file its declaration and estimated payment in accordance with subsection |
|
32 |
(n) herein and in conformity with federal statute and regulations notwithstanding any Rhode Island |
|
33 |
statute to the contrary. The declaration, sworn to by the officer of the corporation who is required |
|
34 |
to sign its return under any of the chapters and section mentioned in § 44-26-1 shall contain the |
|
|
|
|
1 |
pertinent information and be in the form that the tax administrator may prescribe. The entire amount |
|
2 |
of the estimated tax shall constitute the amount of the advance required to be paid. |
|
3 |
(b) (1) Except as provided in subdivision (2) of this subsection, the declaration of estimated |
|
4 |
tax required of corporations by subsection (a) of this section shall be filed as follows: |
|
5 |
If the requirements of subsection (a) are first met The declaration shall be filed on or |
|
6 |
before: |
|
7 |
before the first day of the third month |
|
8 |
of the taxable year the fifteenth day of the third month of |
|
9 |
the taxable year; |
|
10 |
after the first day of the third month and |
|
11 |
before the first day of the sixth month |
|
12 |
of the taxable year the fifteenth day of the sixth month |
|
13 |
of the taxable year. |
|
14 |
(2) The declaration of estimated tax required of corporations subject to § 27-3-38 relating |
|
15 |
to surplus line brokers premium tax or under any special act or acts in lieu of the provisions of that |
|
16 |
section or in amendment of or in addition to that section shall be filed as follows: |
|
17 |
If the requirements of subsection (a) are first met The declaration shall be filed on or |
|
18 |
before: |
|
19 |
Before the first day of the fourth month |
|
20 |
of the taxable year the thirtieth day of the fourth month of |
|
21 |
the taxable year; |
|
22 |
After the first day of the fourth month and |
|
23 |
before the first day of the sixth month |
|
24 |
of the taxable year the thirtieth day of the sixth month of |
|
25 |
the taxable year. |
|
26 |
After the first day of the sixth month and |
|
27 |
before the first day of the tenth month |
|
28 |
of the taxable year the thirtieth day of the tenth month of |
|
29 |
the taxable year. |
|
30 |
After the first day of the tenth month and |
|
31 |
before the first day of the twelfth month of |
|
32 |
the taxable year the thirty-first day of the twelfth month |
|
33 |
of the taxable year. |
|
34 |
(c) An amendment of a declaration may be filed in any interval between installment dates |
|
|
|
|
1 |
prescribed for the taxable year, but only one amendment may be filed in each interval. |
|
2 |
(d) The tax administrator may grant a reasonable extension of time, not to exceed thirty |
|
3 |
(30) days, for filing a declaration. |
|
4 |
(e) (1) The amount of the advance based on the estimated tax declared under subsection (a) |
|
5 |
of this section by corporations described in subdivision (b)(1) of this section shall be paid as |
|
6 |
follows: |
|
7 |
(i) If the declaration is filed on or before the fifteenth (15th) day of the third (3rd) month |
|
8 |
of the taxable year, the advance shall be paid in two (2) installments. The first installment in the |
|
9 |
amount of forty percent (40%) of the estimated tax shall be paid at the time of the filing of the |
|
10 |
declaration. The second and last installment in the amount of sixty percent (60%) of the estimated |
|
11 |
tax shall be paid on or before the fifteenth (15th) day of the sixth (6th) month of the taxable year. |
|
12 |
(ii) If the declaration is filed after the fifteenth (15th) day of the third (3rd) month of the |
|
13 |
taxable year and is not required by subsection (b) of this section to be filed on or before the fifteenth |
|
14 |
(15th) day of the third (3rd) month of the taxable year, but is required to be filed on or before the |
|
15 |
fifteenth (15th) day of the sixth (6th) month, the advance shall be paid in full at the time of filing. |
|
16 |
(2) The amount of the advance based in the estimated tax declared under subsection (a) of |
|
17 |
this section by corporations listed in subdivision (b)(2) of this section shall be paid as follows: |
|
18 |
(i) If the declaration is filed on or before the thirtieth (30th) day of the fourth (4th) month |
|
19 |
of the taxable year, the advance shall be paid in four (4) equal installments. The first installment |
|
20 |
shall be paid on or before the thirtieth (30th) day of the fourth (4th) month of the taxable year, and |
|
21 |
the second (2nd), third (3rd), and fourth (4th) installments shall be paid on or before the thirtieth |
|
22 |
(30th) day of the sixth (6th) month, the thirtieth (30th) day of the tenth (10th) month, and the thirty- |
|
23 |
first (31st) day of the twelfth (12th) month of the taxable year, respectively. |
|
24 |
(ii) If the declaration is filed before the thirtieth (30th) day of the sixth (6th) month of the |
|
25 |
taxable year, the advance shall be paid in three (3) equal installments. The first installment shall be |
|
26 |
paid on or before the thirtieth (30th) day of the sixth (6th) month of the taxable year and the second |
|
27 |
(2nd) and third (3rd) installments shall be paid on or before the thirtieth (30th) day of the tenth |
|
28 |
(10th) month and the thirty-first (31st) day of the twelfth (12th) month of the taxable year |
|
29 |
respectively. |
|
30 |
(iii) If the declaration is filed on or before the thirtieth (30th) day of the tenth (10th) month |
|
31 |
of the taxable year, the advance shall be paid in two (2) equal installments. The first installment |
|
32 |
shall be paid on or before the thirtieth (30th) day of the tenth (10th) month of the taxable year and |
|
33 |
the second installment shall be paid on or before the thirty-first (31st) day of the twelfth (12th) |
|
34 |
month of the taxable year. |
|
|
|
|
1 |
(iv) If the declaration is filed after the time prescribed in subdivision (b)(2) of this section, |
|
2 |
including cases in which an extension of time for filing the declaration has been granted, there shall |
|
3 |
be paid at the time of the filing all installments of the advance which would have been payable on |
|
4 |
or before that time if the declaration had been filed within the time prescribed in subdivision (b)(2) |
|
5 |
of this section. |
|
6 |
(f) If the declaration is filed after the time prescribed in subsection (b) of this section |
|
7 |
including cases in which an extension of time for filing the declaration has been granted, paragraph |
|
8 |
(e)(1)(ii) of this section does not apply, and there shall be paid at the time of the filing all |
|
9 |
installments of the advance which would have been payable on or before that time if the declaration |
|
10 |
had been filed within the time prescribed in subsection (b). |
|
11 |
(g) If any amendment of a declaration is filed, the installment payable on or before the |
|
12 |
fifteenth (15th) day of the sixth (6th) month, if any, or in the case of corporations licensed as surplus |
|
13 |
line brokers under § 27-3-38, the installments payable on or before the thirtieth (30th) days of the |
|
14 |
sixth (6th) or tenth (10th) month and thirty-first (31st) day of the twelfth (12th) month are ratably |
|
15 |
increased or decreased, as the case may be, to reflect the increase or decrease, as the case may be, |
|
16 |
in the estimated tax by reason of the amendment. |
|
17 |
(h) At the election of the corporation, any installment of the advance may be paid prior to |
|
18 |
the date prescribed for payment. |
|
19 |
(i) In the case of any underpayment of the advance by a corporation, except as provided in |
|
20 |
this section, there is added to the tax due under chapters 11 -- 15 and 17 of this title, or § 27-3-38, |
|
21 |
for the taxable year an amount determined at the rate described in § 44-1-7 upon the amount of the |
|
22 |
underpayment for the period of the underpayment. For the purpose of this subsection, the "amount |
|
23 |
of the underpayment" is the excess of the amount of the installment or installments which would |
|
24 |
be required to be paid if the advance payments were equal to eighty percent (80%) of the tax shown |
|
25 |
on the return for the taxable year. For the purposes of this subsection, the "period of the |
|
26 |
underpayment" is the period from the date the installment was required to be paid to the date |
|
27 |
prescribed under any of the chapters previously mentioned in this section for the payment of the |
|
28 |
tax for the taxable year or, with respect to any portion of the underpayment, the date on which the |
|
29 |
portion is paid, whichever date is the earlier. A payment of the advance on the fifteenth (15th) day |
|
30 |
of the sixth (6th) month, or for § 27-3-38 on the thirtieth (30th) day of the sixth (6th) month, of the |
|
31 |
taxable year is considered a payment of any previous underpayment only to the extent that the |
|
32 |
payment exceeds the amount of the installment due on the fifteenth (15th) day of the sixth (6th) |
|
33 |
month, or for § 27-3-38 on the thirtieth (30th) day of the sixth (6th) month, of the taxable year. |
|
34 |
(j) Notwithstanding the provisions of this section, the addition to the tax with respect to |
|
|
|
|
1 |
any underpayment of any installment is not imposed if the total amount of all payments of the |
|
2 |
advance made on or before the last date prescribed for payment of the installment equals or exceeds |
|
3 |
the amount which would have been required to be paid on or before that date if the amount of the |
|
4 |
advance was an amount equal to one hundred percent (100%) of the tax computed at the rates |
|
5 |
applicable to the taxable year but otherwise on the basis of the fact shown on the return of the |
|
6 |
corporation for and the law applicable to the preceding taxable year. |
|
7 |
(k) This section is effective for estimated payments being made by corporations for taxable |
|
8 |
years ending on or after December 31, 1990. |
|
9 |
(l) Notwithstanding any other provisions of this section any taxpayer required to make an |
|
10 |
adjustment in accordance with § 44-11-11(f) in a tax year beginning in calendar year 2008 shall |
|
11 |
compute estimated payments for that tax year as follows: |
|
12 |
(1) The installments must equal 100% of the tax due for the prior year plus any additional |
|
13 |
tax due for the current year adjustment under § 44-11-11(f), or |
|
14 |
(2) That installments must equal 100% of the current year tax liability. |
|
15 |
(m) Notwithstanding any other provisions of this section any taxpayer required to file a |
|
16 |
combined report in accordance with § 44-11-4.1 in a tax year beginning on or after January 1, 2015, |
|
17 |
shall compute estimated payments for that tax year as follows: |
|
18 |
(1) The installments must equal one hundred percent (100%) of the tax due for the prior |
|
19 |
year plus any additional tax due to the combined report provisions under § 44-1-4.1; or |
|
20 |
(2) The installments must equal one hundred percent (100%) of the current year tax |
|
21 |
liability. |
|
22 |
(n) Notwithstanding any Rhode Island statute to the contrary, every corporation having a |
|
23 |
taxable year beginning after December 31, 2017, shall file its declaration and estimated payment |
|
24 |
in accordance with federal statute and regulations: with current federal filing requirements, the four |
|
25 |
(4) estimated tax installment payments of twenty-five percent (25%) each are due: on the 15th day |
|
26 |
of the 4th, 6th, 9th, and 12th months of the tax year. If any due date falls on a Saturday, Sunday, or |
|
27 |
Rhode Island legal holiday, the installment is due on the next regular business day. |
|
28 |
SECTION 17. Title 44 of the General Laws entitled "TAXATION" is hereby amended by |
|
29 |
adding thereto the following chapter: |
|
30 |
CHAPTER 6.5 |
|
31 |
RHODE ISLAND TAX AMNESTY ACT OF 2017 |
|
32 |
44-6.5-1. Short title. |
|
33 |
This chapter shall be known as the "Rhode Island Tax Amnesty Act of 2017." |
|
34 |
44-6.5-2. Definitions. |
|
|
|
|
1 |
As used in this chapter, the following terms have the meaning ascribed to them in this |
|
2 |
section, except when the context clearly indicates a different meaning: |
|
3 |
(1) "Taxable period" means any period for which a tax return is required by law to be filed |
|
4 |
with the tax administrator. |
|
5 |
(2) "Taxpayer" means any person, corporation, or other entity subject to any tax imposed |
|
6 |
by any law of the state of Rhode Island and payable to the state of Rhode Island and collected by |
|
7 |
the tax administrator. |
|
8 |
44-6.5-3. Establishment of tax amnesty. |
|
9 |
(a) The tax administrator shall establish a tax amnesty program for all taxpayers owing any |
|
10 |
tax imposed by reason of or pursuant to authorization by any law of the state of Rhode Island and |
|
11 |
collected by the tax administrator. Amnesty tax return forms shall be prepared by the tax |
|
12 |
administrator and shall provide that the taxpayer clearly specify the tax due and the taxable period |
|
13 |
for which amnesty is being sought by the taxpayer. |
|
14 |
(b) The amnesty program shall be conducted for a seventy-five (75) day period ending on |
|
15 |
February 15, 2018. The amnesty program shall provide that, upon written application by a taxpayer |
|
16 |
and payment by the taxpayer of all taxes and interest due from the taxpayer to the state of Rhode |
|
17 |
Island for any taxable period ending on or prior to December 31, 2016, the tax administrator shall |
|
18 |
not seek to collect any penalties which may be applicable and shall not seek the civil or criminal |
|
19 |
prosecution of any taxpayer for the taxable period for which amnesty has been granted. Amnesty |
|
20 |
shall be granted only to those taxpayers applying for amnesty during the amnesty period who have |
|
21 |
paid the tax and interest due upon filing the amnesty tax return, or who have entered into an |
|
22 |
installment payment agreement for reasons of financial hardship and upon terms and conditions set |
|
23 |
by the tax administrator. In the case of the failure of a taxpayer to pay any installment due under |
|
24 |
the agreement, such an agreement shall cease to be effective and the balance of the amounts |
|
25 |
required to be paid thereunder shall be due immediately. Amnesty shall be granted for only the |
|
26 |
taxable period specified in the application and only if all amnesty condition are satisfied by the |
|
27 |
taxpayer. |
|
28 |
(c) The provisions of this section shall include a taxable period for which a bill or notice |
|
29 |
of deficiency determination has been sent to the taxpayer. |
|
30 |
(d) Amnesty shall not be granted to taxpayers who are under any criminal investigation or |
|
31 |
are a party to any civil or criminal proceeding, pending in any court of the United States or the state |
|
32 |
of Rhode Island, for fraud in relation to any state tax imposed by the law of the state and collected |
|
33 |
by the tax administrator. |
|
34 |
44-6.5-4. Interest under tax amnesty. |
|
|
|
|
1 |
Notwithstanding any provision of law to the contrary, interest on any taxes paid for periods |
|
2 |
covered under the amnesty provisions of this chapter shall be computed at the rate imposed under |
|
3 |
section 44-1-7, reduced by twenty five percent (25%). |
|
4 |
44-6.5-5. Implementation. |
|
5 |
Notwithstanding any provision of law to the contrary, the tax administrator may do all |
|
6 |
things necessary in order to provide for the timely implementation of this chapter, including, but |
|
7 |
not limited to, procurement of printing and other services and expenditure of appropriated funds as |
|
8 |
provided for in section 44-6.4-5. |
|
9 |
44-6.5-6. Disposition of monies. |
|
10 |
(a) Except as provided in subsection (b) within, all monies collected pursuant to any tax |
|
11 |
imposed by the state of Rhode Island under the provisions of this chapter shall be accounted for |
|
12 |
separately and paid into the general fund. |
|
13 |
(b) Monies collected for the establishment of the TDI Reserve Fund (section 28-39-7), the |
|
14 |
Employment Security Fund (section 28-42-18), the Employment Security Interest Fund (section |
|
15 |
28-42-75), the Job Development Fund (section 28-42-83), and the Employment Security |
|
16 |
Reemployment Fund (section 28-42-87) shall be deposited in said respective funds. |
|
17 |
44-6.5-7. Analysis of amnesty program by tax administrator. |
|
18 |
The tax administrator shall provide an analysis of the amnesty program to the chairpersons |
|
19 |
of the house finance committee and senate finance committee, with copies to the members of the |
|
20 |
revenue estimating conference, by April 30, 2018. The report shall include an analysis of revenues |
|
21 |
received by tax source, distinguishing between the tax collected and interest collected for each |
|
22 |
source. In addition, the report shall further identify the amounts that are new revenues from those |
|
23 |
already included in the general revenue receivable taxes, defined under generally accepted |
|
24 |
accounting principles and the state’s audited financial statements. |
|
25 |
44-6.5-8. Rules and regulations. |
|
26 |
The tax administrator may promulgate such rules and regulations as are necessary to |
|
27 |
implement the provisions of this chapter. |
|
28 |
SECTION 18. Title 44 of the General Laws entitled "TAXATION" is hereby amended by |
|
29 |
adding thereto the following chapter: |
|
30 |
CHAPTER 18.2 |
|
31 |
SALES AND USE TAX -- NON-COLLECTING RETAILERS, REFERRERS, AND RETAIL |
|
32 |
SALE FACILITATORS ACT |
|
33 |
44-18.2-1. Legislative findings. |
|
34 |
The general assembly finds and declares that: |
|
|
|
|
1 |
(1) The commerce clause of the United States Constitution prohibits states from imposing |
|
2 |
an undue burden on interstate commerce. |
|
3 |
(2) There has been an exponential expansion of online commerce and related technology. |
|
4 |
and due to the ready availability of sales and use tax collection software and Rhode Island's status |
|
5 |
as a signatory to the Streamlined Sales and Use Tax Agreement under which there is an existing |
|
6 |
compliance infrastructure in place to facilitate the collection and remittance of sales tax by non- |
|
7 |
collecting retailers, it is no longer an undue burden for non-collecting retailers to accurately |
|
8 |
compute, collect and remit and/or report with respect to their sales and use tax obligations to Rhode |
|
9 |
Island. |
|
10 |
(3) The existence and/or presence of a non-collecting retailer's, referrer's, or retail sale |
|
11 |
facilitator's in-state software on the devices of in-state customers constitutes physical presence of |
|
12 |
the non-collecting retailer, referrer, or retail sale facilitator in Rhode Island under Quill Corp. v. |
|
13 |
North Dakota. 504 U.S. 298 (U.S. 1992). |
|
14 |
(4) While such a physical presence of the non-collecting retailer, referrer, or retail sale |
|
15 |
facilitator may not be "presence" in the traditional sense. a non-collecting retailer, referrer, or retail |
|
16 |
sale facilitator who uses in-state software and engages in a significant number of transactions with |
|
17 |
in-state customers in a calendar year or receives significant revenue from internet sales to in-state |
|
18 |
customers in a given calendar year evidences an intent to establish and maintain a market in this |
|
19 |
state for its sales. |
|
20 |
44-18.2-2. Definitions. |
|
21 |
For the purposes of this chapter: |
|
22 |
(1) "Division of taxation" means the Rhode Island department of revenue, division of |
|
23 |
taxation. The division may also be referred to in this chapter as the "division of taxation", "tax |
|
24 |
division", or "division." |
|
25 |
(2) "In-state customer" means a person or persons who makes a purchase of tangible |
|
26 |
personal property, prewritten computer software delivered electronically or by load and leave as |
|
27 |
defined in §44-18- 7.l(g)(v), and/or taxable services as defined under §44-18-1 et seq. for use, |
|
28 |
storage, and/or other consumption in this state. |
|
29 |
(3) "In-state software" means software used by in-state customers on their computers, |
|
30 |
smartphones, and other electronic and/or communication devices, including information or |
|
31 |
software such as cached files, cached software, or 'cookies', or other data tracking tools, that are |
|
32 |
stored on property in this state or distributed within this state, for the purpose of purchasing tangible |
|
33 |
personal property, prewritten computer software delivered electronically or by load and leave, |
|
34 |
and/or taxable services. |
|
|
|
|
1 |
(4) "Non-collecting retailer" means any person or persons who meets at least one of the |
|
2 |
following criteria: |
|
3 |
(A) Uses in-state software to make sales at retail of tangible personal property, prewritten |
|
4 |
computer software delivered electronically or by load and leave, and/or taxable services; or |
|
5 |
(B) Sells, leases, or delivers in this state, or participates in any activity in this state in |
|
6 |
connection with the selling, leasing, or delivering in this state, of tangible personal property, |
|
7 |
prewritten computer software delivered electronically or by load and leave, and/or taxable services |
|
8 |
for use, storage, distribution, or consumption within this state. This includes, but shall not be limited |
|
9 |
to, any of the following acts or methods of transacting business: |
|
10 |
(i) Engaging in. either directly or indirectly through a referrer, retail sale facilitator, or other |
|
11 |
third party, direct response marketing targeted at in-state customers. For purposes of this |
|
12 |
subsection, direct response marketing includes, but is not limited to, sending, transmitting, or |
|
13 |
broadcasting via flyers, newsletters, telephone calls, targeted electronic mail, text messages, social |
|
14 |
media messages, targeted mailings; collecting, analyzing and utilizing individual data on in-state |
|
15 |
customers; using information or software, including cached files, cached software, or 'cookies', or |
|
16 |
other data tracking tools, that are stored on property in or distributed within this state; or taking any |
|
17 |
other action(s) that use persons, tangible property, intangible property, digital files or information, |
|
18 |
or software in this state in an effort to enhance the probability that the person's contacts with a |
|
19 |
potential in-state customer will result in a sale to that instate customer; |
|
20 |
(ii) Entering into one or more agreements under which a person or persons who has |
|
21 |
physical presence in this state refers, either directly or indirectly, potential in-state customers of |
|
22 |
tangible personal property, prewritten computer software delivered electronically or by load and |
|
23 |
leave and/or taxable services to the non-collecting retailer for a fee commission or other |
|
24 |
consideration whether by an Internet-based link or an Internet website or otherwise. An agreement |
|
25 |
under which a non-collecting retailer purchases advertisements from a person or persons in this |
|
26 |
state to be delivered in this state on television radio in print on the Internet or by any other medium |
|
27 |
in this state shall not be considered an agreement under this subsection (ii), unless the advertisement |
|
28 |
revenue or a portion thereof paid to the person or persons in this state consists of a fee, commission, |
|
29 |
or other consideration that is based in whole or in part upon sales of tangible personal property, |
|
30 |
prewritten computer software delivered electronically or by load and leave, and/or taxable services; |
|
31 |
or |
|
32 |
(iii) Using a retail sale facilitator to sell, lease, or deliver in this state, or participate in any |
|
33 |
activity in this state in connection with the selling, leasing, or delivering in this state, of tangible |
|
34 |
personal property, prewritten computer software delivered electronically or by load and leave, |
|
|
|
|
1 |
and/or taxable services for use, storage, or consumption in this state. |
|
2 |
(C) Uses a sales process that includes listing, branding, or selling tangible personal |
|
3 |
property, prewritten computer software delivered electronically or by load and leave, and/or taxable |
|
4 |
services for sale, soliciting, processing orders, fulfilling orders, providing customer service and/or |
|
5 |
accepting or assisting with returns or exchanges occurring in this state, regardless of whether that |
|
6 |
part of the process has been subcontracted to an affiliate or third party. The sales process for which |
|
7 |
the in-state customer is charged not more than the basic charge for shipping and handling as used |
|
8 |
in this subsection shall not include shipping via a common carrier or the United States mail; |
|
9 |
(D) Offers its tangible personal property, prewritten computer software delivered |
|
10 |
electronically or by load and leave, and/or taxable services for sale through one or more retail sale |
|
11 |
facilitators that has physical presence in this state; |
|
12 |
(E) Is related to a person that has physical presence in this state, and such related person |
|
13 |
with a physical presence in this state: |
|
14 |
(i) Sells tangible personal property, prewritten computer software delivered electronically |
|
15 |
or by load and leave, and/or taxable services that are the same or substantially similar to that sold |
|
16 |
by a non-collecting retailer under a business name that is the same or substantially similar to that |
|
17 |
of the non-collecting retailer; |
|
18 |
(ii) Maintains an office, distribution facility, salesroom, warehouse, storage place, or other |
|
19 |
similar place of business in this state to facilitate the delivery of tangible personal property, |
|
20 |
prewritten computer software delivered electronically or by load and leave, and/or taxable services |
|
21 |
sold by the non-collecting retailer; |
|
22 |
(iii) Uses, with consent or knowledge of the non-collecting retailer, trademarks, service |
|
23 |
marks, or trade names in this state that are the same or substantially similar to those used by the |
|
24 |
non-collecting retailer; |
|
25 |
(iv) Delivers or has delivered (except for delivery by common carrier or United States mail |
|
26 |
for which the in-state customer is charged not more than the basic charge for shipping and |
|
27 |
handling), installs, or assembles tangible personal property in this state, or performs maintenance |
|
28 |
or repair services on tangible personal property in this state, which tangible personal property is |
|
29 |
sold to in-state customers by the non-collecting retailer; |
|
30 |
(v) Facilitates the delivery of tangible personal property purchased from a non-collecting |
|
31 |
retailer but delivered in this state by allowing an in-state customer to pick up the tangible personal |
|
32 |
property at an office distribution facility, salesroom, warehouse, storage place, or other similar |
|
33 |
place of business maintained in this state: or |
|
34 |
(vi) Shares management business systems, business practices, computer resources, |
|
|
|
|
1 |
communication systems, payroll, personnel, or other such business resources and activities with |
|
2 |
the non-collecting retailer, and/or engages in intercompany transactions with the non-collecting |
|
3 |
retailer, either or both of which relate to the activities that establish or maintain the non-collecting |
|
4 |
retailer's market in this state. |
|
5 |
(F) Any person or persons who meets at least one of the criteria in §§44-18.2-2(4)(A) |
|
6 |
through 44-18.2-2(4)(E) above shall be presumed to be a non-collecting retailer. |
|
7 |
(5) "Person" means person as defined in section §44-18-6 of the general laws. |
|
8 |
(6) "Referrer" means every person who: |
|
9 |
(A) Contracts or otherwise agrees with a retailer to list and/or advertise for sale in this state |
|
10 |
tangible personal property, prewritten computer software delivered electronically or by load and |
|
11 |
leave, and/or taxable services in any forum, including, but not limited to, a catalog or Internet |
|
12 |
website; |
|
13 |
(B) Receives a fee, commission, and/or other consideration from a retailer for the listing |
|
14 |
and/or advertisement; |
|
15 |
(C) Transfers, via in-state software, Internet link, or otherwise, an in-state customer to the |
|
16 |
retailer or the retailer's employee, affiliate, or website to complete a purchase; and |
|
17 |
(D) Does not collect payments from the in-state customer for the transaction. |
|
18 |
(E) A person or persons who engages in the activity set forth in all of the activities set forth |
|
19 |
in §§44-18.2-2(6)(A) through 44-18.2-2(6)(D) above shall be presumed to be a referrer. |
|
20 |
(7) "Related" means: |
|
21 |
(A) Having a relationship with the non-collecting retailer within the meaning of the internal |
|
22 |
revenue code of 1986 as amended: or |
|
23 |
(B) Having one or more ownership relationships and a purpose of having the ownership |
|
24 |
relationship is to avoid the application of this chapter. |
|
25 |
(8) A "retail sale" or "sale at retail" means any retail sale or sale at retail as defined in §44- |
|
26 |
18-8 of the general laws. |
|
27 |
(9) "Retail sale facilitator" means any person or persons that facilitates a sale by a retailer |
|
28 |
by engaging in the following types of activities: |
|
29 |
(A) Using in-state software to make sales at retail of tangible personal property, prewritten |
|
30 |
computer software delivered electronically or by load and leave, and/or taxable services; or |
|
31 |
(B) Contracting or otherwise agreeing with a retailer to list and/or advertises for sale |
|
32 |
tangible personal property, prewritten computer software delivered electronically or by load and |
|
33 |
leave, and/or taxable services in any forum, including, but not limited to, a catalog or Internet |
|
34 |
website; and |
|
|
|
|
1 |
(C) Either directly or indirectly through agreements or arrangements with third parties, |
|
2 |
collecting payments from the in-state customer and transmitting those payments to a retailer. A |
|
3 |
person or persons may be a retail sale facilitator regardless of whether they deduct any fees from |
|
4 |
the transaction. The division may define in regulation circumstances under which a retail sale |
|
5 |
facilitator shall be deemed to facilitate a retail sale. |
|
6 |
(D) A person or persons who engages in the type of activity set forth in §44-18.2-2(9)(A) |
|
7 |
above or both of the types of activities set forth in §§44-18.2-2(9)(B) and 44-18.2-2(9)(C) above |
|
8 |
shall be presumed to be a retail sale facilitator. |
|
9 |
(10) A "retailer" means retailer as defined in section §44-18-15 of the general laws. |
|
10 |
(11) "State" means the State of Rhode Island and Providence Plantations. |
|
11 |
(12) "Streamlined agreement" means the Streamlined Sales and Use Tax Agreement as |
|
12 |
referenced in §44-18.1-1 et seq. of the general laws. |
|
13 |
44-18.2-3. Requirements for non-collecting retailers, referrers, and retail sale |
|
14 |
facilitators. |
|
15 |
(A) Except as otherwise provided below in §44-18.2-4, beginning on the later of July 15. |
|
16 |
2017, or two (2) weeks after the enactment of this chapter, and for each tax year thereafter, any |
|
17 |
non-collecting retailer, referrer, or retail sale facilitator, as defined in this chapter, that in the |
|
18 |
immediately preceding calendar year either |
|
19 |
(i) Has gross revenue from the sale of tangible personal property, prewritten computer |
|
20 |
software delivered electronically or by load and leave, and/or has taxable services delivered into |
|
21 |
this state equal to or exceeding one hundred thousand dollars ($100,000); or |
|
22 |
(ii) Has sold tangible personal property, prewritten computer software delivered |
|
23 |
electronically or by load and leave, and/or taxable services for delivery into this state in two |
|
24 |
hundred (200) or more separate transactions shall comply with the requirements in subsections |
|
25 |
§§44-18.2-3(E), (F), and (G) as applicable. |
|
26 |
(B) A non-collecting retailer, as defined in this chapter, shall comply with §44-18.2-3(E) |
|
27 |
below if it meets the criteria of either §44- l 8.2-3(A)(i) or (ii) above. |
|
28 |
(C) A referrer, as defined in this chapter, shall comply with §44-18.2-3(F) below if it meets |
|
29 |
the criteria of either §44- l 8.2-3(A)(i) or (ii) above. |
|
30 |
(D) A retail sale facilitator, as defined in this chapter, shall comply with §44-18.2-3(G) |
|
31 |
below if it meets the criteria of either §44-l 8.2-3(A)(i) or (ii) above. |
|
32 |
(E) Non-collecting retailer. A non-collecting retailer shall either register in this state for a |
|
33 |
permit to make sales at retail and collect and remit sales and use tax on all taxable sales into the |
|
34 |
state or: |
|
|
|
|
1 |
(1) Post a conspicuous notice on its website that informs in-state customers that sales or |
|
2 |
use tax is due on certain purchases made from the non-collecting retailer and that this state requires |
|
3 |
the in-state customer to file a sales or use tax return; |
|
4 |
(2) At the time of purchase, notify in-state customers that sales or use tax is due on taxable |
|
5 |
purchases made from the non-collecting retailer and that the state of Rhode Island requires the in- |
|
6 |
state customer to file a sales or use tax return; |
|
7 |
(3) Within forty-eight (48) hours of the time of purchase, notify in-state customers in |
|
8 |
writing that sales or use tax is due on taxable purchases made from the non-collecting retailer and |
|
9 |
that this state requires the in-state customer to file a sales or use tax return reflecting said purchase; |
|
10 |
(4) On or before January 31 of each year, including January 31, 2018, for purchases made |
|
11 |
in calendar year 2017, send a written notice to all in-state customers who have cumulative annual |
|
12 |
taxable purchases from the non-collecting retailer totaling one hundred dollars ($100) or more for |
|
13 |
the prior calendar year. The notification shall show the name of the non-collecting retailer, the total |
|
14 |
amount paid by the in-state customer to the non-collecting retailer in the previous calendar year, |
|
15 |
and, if available, the dates of purchases, the dollar amount of each purchase, and the category or |
|
16 |
type of the purchase, including, whether the purchase is exempt or not exempt from taxation in |
|
17 |
Rhode Island. The notification shall include such other information as the division may require by |
|
18 |
rule and regulation. The notification shall state that the state of Rhode Island requires a sales or use |
|
19 |
tax return to be filed and sales or use tax to be paid on certain categories or types of purchases made |
|
20 |
by the in-state customer from the non-collecting retailer. The notification shall be sent separately |
|
21 |
to all in-state customers by first-class mail and shall not be included with any other shipments or |
|
22 |
mailings. The notification shall include the words "Important Tax Document Enclosed" on the |
|
23 |
exterior of the mailing; and |
|
24 |
(5) Beginning on February 15, 2018, and not later than each February 15 thereafter, a non- |
|
25 |
collecting retailer that has not registered in this state for a permit to make sales at retail and collect |
|
26 |
and remit sales and use tax on all taxable sales into the state for any portion of the prior calendar |
|
27 |
year, shall file with the division on such form and/or in such format as the division prescribes an |
|
28 |
attestation that the non-collecting retailer has complied with the requirements of §§44-18.2-3(E)(1) |
|
29 |
through (4) herein. |
|
30 |
(F) Referrer. At such time during any calendar year, or any portion thereof, that a referrer |
|
31 |
receives more than ten thousand dollars ($10,000) from fees, commissions, and/or other |
|
32 |
compensation paid to it by retailers with whom it has a contract or agreement to list and/or advertise |
|
33 |
for sale tangible personal property, prewritten computer software delivered electronically or by |
|
34 |
Joad and leave, and/or taxable services, said referrer shall within thirty (30) days provide written |
|
|
|
|
1 |
notice to all such retailers that the retailers' sales may be subject to this state's sales and use tax. |
|
2 |
(G) Retail sale facilitator. Beginning January 15, 2018, and each year thereafter, a retail |
|
3 |
sale facilitator shall provide the division of taxation with |
|
4 |
(i) A list of names and addresses of the retailers for whom during the prior calendar year |
|
5 |
the retail sale facilitator collected Rhode Island sales and use tax and |
|
6 |
(ii) A list of names and addresses of the retailers who during the prior calendar year used |
|
7 |
the retail sale facilitator to serve in-state customers but for whom the retail sale facilitator did not |
|
8 |
collect Rhode Island sales and use tax. |
|
9 |
(H) Any person or entity that engages in any activity or activities of a non-collecting |
|
10 |
retailer, referrer, and/or retail sale facilitator as defined herein shall be presumed to be a non- |
|
11 |
collecting retailer, referrer, and/or retail sale facilitator as applicable even if referred to by another |
|
12 |
name or designation. Said person or entity shall be subject to the terms and conditions set forth in |
|
13 |
this chapter. |
|
14 |
44-18.2-4. Exceptions for referrers, and retail sale facilitators. |
|
15 |
(A)(i) Notwithstanding the provisions of §44-18.2-3, no retail sale facilitator shall be |
|
16 |
required to comply with the provisions of §44- 18.2-3(G), for any sale where the retail sale |
|
17 |
facilitator within ninety (90) days of the date of the sale has been provided either: |
|
18 |
(1) A copy of the retailer's Rhode Island sales tax permit to make sales at retail in this state |
|
19 |
or its resale certificate as applicable; or |
|
20 |
(2) Evidence of a fully completed Rhode Island or Streamlined agreement sales and use |
|
21 |
tax exemption certificate. |
|
22 |
(ii) Notwithstanding the provisions of §44-18.2-3, no referrer shall be required to comply |
|
23 |
with the provisions of §44-18.2-3(F) for any referral where the referrer within ninety (90) days of |
|
24 |
the date of the sale has been provided either |
|
25 |
(l) A copy of the retailer's Rhode Island sales tax permit to make sales at retail in this state |
|
26 |
or its resale certificate as applicable; or |
|
27 |
(2) Evidence of a fully completed Rhode Island or Streamlined agreement sales and use |
|
28 |
tax exemption certificate. |
|
29 |
(B) Nothing in this section shall be construed to interfere with the ability of a non-collecting |
|
30 |
retailer, referrer, or retail sale facilitator and a retailer to enter into agreements with each other; |
|
31 |
provided, however, the terms of said agreements shall not in any way be inconsistent with or |
|
32 |
contravene the requirements of this chapter. |
|
33 |
44-18.2-5. Penalties. |
|
34 |
Any non-collecting retailer, referrer, or retail sale facilitator that fails to comply with any |
|
|
|
|
1 |
of the requirements of this chapter shall be subject to a penalty of ten dollars ($10.00) for each such |
|
2 |
failure, but not less than a total penalty of ten thousand dollars ($10,000) per calendar year. Each |
|
3 |
instance of failing to comply with the requirements of this chapter shall constitute a separate |
|
4 |
violation for purposes of calculating the penalty under this section. This penalty shall be in addition |
|
5 |
to any other applicable penalties under title 44 of the general laws. |
|
6 |
44-18.2-6. Other obligations. |
|
7 |
(A) Nothing in this section affects the obligation of any in-state customer to remit use tax |
|
8 |
as to any applicable transaction in which the seller, non-collecting retailer. Or retail sale facilitator |
|
9 |
has not collected and remitted the sales tax for said transaction. |
|
10 |
(B) Nothing in this chapter shall be construed as relieving any other person or entity |
|
11 |
otherwise required to collect and remit sales and use tax under applicable Rhode Island law from |
|
12 |
continuing to do so. |
|
13 |
(C) In the event that any section of this chapter is later determined to be unlawful, no |
|
14 |
person. Persons, or entity shall have a cause of action against the person that collected and remitted |
|
15 |
the sales and use tax pursuant to this chapter. |
|
16 |
44-18.2-7. Rules and regulations -- Forms. |
|
17 |
The tax administrator may promulgate rules and regulations, not inconsistent with law, to |
|
18 |
carry into effect the provisions of this chapter. |
|
19 |
44-18.2-8. Enforcement. |
|
20 |
(A) General. The tax administrator shall administer and enforce this chapter and may |
|
21 |
require any facts and information to be reported, that he or she may deem necessary to enforce the |
|
22 |
provisions of this chapter. |
|
23 |
(B) Examination of books and witnesses. For the purpose of ascertaining the correctness |
|
24 |
of any filing or notice or for the purpose of compliance with the terms of this chapter, the tax |
|
25 |
administrator shall have the power to examine or to cause to have examined, by any agent or |
|
26 |
representative designated by the tax administrator for that purpose, any books, papers, records, or |
|
27 |
memoranda bearing upon said matters and may require the attendance of the person rendering the |
|
28 |
return or any officer or employee of the person, or the attendance of any other person having |
|
29 |
knowledge of the correctness of any filing or notice or compliance with the terms of this chapter, |
|
30 |
and may take testimony and require proof material for its information, with power to administer |
|
31 |
oaths to the person or persons. |
|
32 |
44-18.2-9. Appeal. |
|
33 |
If the tax administrator issues a final determination hereunder, an appeal may be made |
|
34 |
pursuant to the provisions of chapter 19 of title 44 of the general laws. |
|
|
|
|
1 |
44-18.2-10. Severability. |
|
2 |
If any provision of this chapter or the application thereof is held invalid, such invalidity |
|
3 |
shall not affect the provisions or applications of this chapter which can be given effect without the |
|
4 |
invalid provisions or applications. |
|
5 |
SECTION 19. Section 44-30-2.6 of the General Laws in Chapter 44-30 entitled "Personal |
|
6 |
Income Tax" is hereby amended to read as follows: |
|
7 |
44-30-2.6. Rhode Island taxable income -- Rate of tax. [Effective January 1, 2017.] |
|
8 |
(a) "Rhode Island taxable income" means federal taxable income as determined under the |
|
9 |
Internal Revenue Code, 26 U.S.C. § 1 et seq., not including the increase in the basic, standard- |
|
10 |
deduction amount for married couples filing joint returns as provided in the Jobs and Growth Tax |
|
11 |
Relief Reconciliation Act of 2003 and the Economic Growth and Tax Relief Reconciliation Act |
|
12 |
of 2001 (EGTRRA), and as modified by the modifications in § 44-30-12. |
|
13 |
(b) Notwithstanding the provisions of §§ 44-30-1 and 44-30-2, for tax years beginning on |
|
14 |
or after January 1, 2001, a Rhode Island personal income tax is imposed upon the Rhode Island |
|
15 |
taxable income of residents and nonresidents, including estates and trusts, at the rate of twenty- |
|
16 |
five and one-half percent (25.5%) for tax year 2001, and twenty-five percent (25%) for tax year |
|
17 |
2002 and thereafter of the federal income tax rates, including capital gains rates and any other |
|
18 |
special rates for other types of income, except as provided in § 44-30-2.7, which were in effect |
|
19 |
immediately prior to enactment of the Economic Growth and Tax Relief Reconciliation Act of |
|
20 |
2001 (EGTRRA); provided, rate schedules shall be adjusted for inflation by the tax administrator |
|
21 |
beginning in taxable year 2002 and thereafter in the manner prescribed for adjustment by the |
|
22 |
commissioner of Internal Revenue in 26 U.S.C. § 1(f). However, for tax years beginning on or |
|
23 |
after January 1, 2006, a taxpayer may elect to use the alternative flat tax rate provided in § 44-30- |
|
24 |
2.10 to calculate his or her personal income tax liability. |
|
25 |
(c) For tax years beginning on or after January 1, 2001, if a taxpayer has an alternative |
|
26 |
minimum tax for federal tax purposes, the taxpayer shall determine if he or she has a Rhode Island |
|
27 |
alternative minimum tax. The Rhode Island alternative minimum tax shall be computed by |
|
28 |
multiplying the federal tentative minimum tax without allowing for the increased exemptions |
|
29 |
under the Jobs and Growth Tax Relief Reconciliation Act of 2003 (as redetermined on federal |
|
30 |
form 6251 Alternative Minimum Tax-Individuals) by twenty-five and one-half percent (25.5%) |
|
31 |
for tax year 2001, and twenty-five percent (25%) for tax year 2002 and thereafter, and comparing |
|
32 |
the product to the Rhode Island tax as computed otherwise under this section. The excess shall be |
|
33 |
the taxpayer's Rhode Island alternative minimum tax. |
|
34 |
(1) For tax years beginning on or after January 1, 2005, and thereafter, the exemption |
|
|
|
|
1 |
amount for alternative minimum tax, for Rhode Island purposes, shall be adjusted for inflation by |
|
2 |
the tax administrator in the manner prescribed for adjustment by the commissioner of Internal |
|
3 |
Revenue in 26 U.S.C. § 1(f). |
|
4 |
(2) For the period January 1, 2007, through December 31, 2007, and thereafter, Rhode |
|
5 |
Island taxable income shall be determined by deducting from federal adjusted gross income as |
|
6 |
defined in 26 U.S.C. § 62 as modified by the modifications in § 44-30-12 the Rhode Island |
|
7 |
itemized-deduction amount and the Rhode Island exemption amount as determined in this section. |
|
8 |
(A) Tax imposed. |
|
9 |
(1) There is hereby imposed on the taxable income of married individuals filing joint |
|
10 |
returns and surviving spouses a tax determined in accordance with the following table: |
|
11 |
If taxable income is: The tax is: |
|
12 |
Not over $53,150 3.75% of taxable income |
|
13 |
Over $53,150 but not over $128,500 $1,993.13 plus 7.00% of the excess over $53,150 |
|
14 |
Over $128,500 but not over $195,850 $7,267.63 plus 7.75% of the excess over $128,500 |
|
15 |
Over $195,850 but not over $349,700 $12,487.25 plus 9.00% of the excess over $195,850 |
|
16 |
Over $349,700 $26,333.75 plus 9.90% of the excess over $349,700 |
|
17 |
(2) There is hereby imposed on the taxable income of every head of household a tax |
|
18 |
determined in accordance with the following table: |
|
19 |
If taxable income is: The tax is: |
|
20 |
Not over $42,650 3.75% of taxable income |
|
21 |
Over $42,650 but not over $110,100 $1,599.38 plus 7.00% of the excess over $42,650 |
|
22 |
Over $110,100 but not over $178,350 $6,320.88 plus 7.75% of the excess over $110,100 |
|
23 |
Over $178,350 but not over $349,700 $11,610.25 plus 9.00% of the excess over $178,350 |
|
24 |
Over $349,700 $27,031.75 plus 9.90% of the excess over $349,700 |
|
25 |
(3) There is hereby imposed on the taxable income of unmarried individuals (other than |
|
26 |
surviving spouses and heads of households) a tax determined in accordance with the following |
|
27 |
table: |
|
28 |
If taxable income is: The tax is: |
|
29 |
Not over $31,850 3.75% of taxable income |
|
30 |
Over $31,850 but not over $77,100 $1,194.38 plus 7.00% of the excess over $31,850 |
|
31 |
Over $77,100 but not over $160,850 $4,361.88 plus 7.75% of the excess over $77,100 |
|
32 |
Over $160,850 but not over $349,700 $10,852.50 plus 9.00% of the excess over $160,850 |
|
33 |
Over $349,700 $27,849.00 plus 9.90% of the excess over $349,700 |
|
34 |
(4) There is hereby imposed on the taxable income of married individuals filing separate |
|
|
|
|
1 |
returns and bankruptcy estates a tax determined in accordance with the following table: |
|
2 |
If taxable income is: The tax is: |
|
3 |
Not over $26,575 3.75% of taxable income |
|
4 |
Over $26,575 but not over $64,250 $996.56 plus 7.00% of the excess over $26,575 |
|
5 |
Over $64,250 but not over $97,925 $3,633.81 plus 7.75% of the excess over $64,250 |
|
6 |
Over $97,925 but not over $174,850 $6,243.63 plus 9.00% of the excess over $97,925 |
|
7 |
Over $174,850 $13,166.88 plus 9.90% of the excess over $174,850 |
|
8 |
(5) There is hereby imposed a taxable income of an estate or trust a tax determined in |
|
9 |
accordance with the following table: |
|
10 |
If taxable income is: The tax is: |
|
11 |
Not over $2,150 3.75% of taxable income |
|
12 |
Over $2,150 but not over $5,000 $80.63 plus 7.00% of the excess over $2,150 |
|
13 |
Over $5,000 but not over $7,650 $280.13 plus 7.75% of the excess over $5,000 |
|
14 |
Over $7,650 but not over $10,450 $485.50 plus 9.00% of the excess over $7,650 |
|
15 |
Over $10,450 $737.50 plus 9.90% of the excess over $10,450 |
|
16 |
(6) Adjustments for inflation. |
|
17 |
The dollars amount contained in paragraph (A) shall be increased by an amount equal to: |
|
18 |
(a) Such dollar amount contained in paragraph (A) in the year 1993, multiplied by; |
|
19 |
(b) The cost-of-living adjustment determined under section (J) with a base year of 1993; |
|
20 |
(c) The cost-of-living adjustment referred to in subparagraphs (a) and (b) used in making |
|
21 |
adjustments to the nine percent (9%) and nine and nine tenths percent (9.9%) dollar amounts shall |
|
22 |
be determined under section (J) by substituting "1994" for "1993." |
|
23 |
(B) Maximum capital gains rates. |
|
24 |
(1) In general. |
|
25 |
If a taxpayer has a net capital gain for tax years ending prior to January 1, 2010, the tax |
|
26 |
imposed by this section for such taxable year shall not exceed the sum of: |
|
27 |
(a) 2.5 % of the net capital gain as reported for federal income tax purposes under section |
|
28 |
26 U.S.C. 1(h)(1)(a) and 26 U.S.C. 1(h)(1)(b). |
|
29 |
(b) 5% of the net capital gain as reported for federal income tax purposes under 26 U.S.C. |
|
30 |
1(h)(1)(c). |
|
31 |
(c) 6.25% of the net capital gain as reported for federal income tax purposes under 26 |
|
32 |
U.S.C. 1(h)(1)(d). |
|
33 |
(d) 7% of the net capital gain as reported for federal income tax purposes under 26 U.S.C. |
|
34 |
1(h)(1)(e). |
|
|
|
|
1 |
(2) For tax years beginning on or after January 1, 2010, the tax imposed on net capital gain |
|
2 |
shall be determined under subdivision 44-30-2.6(c)(2)(A). |
|
3 |
(C) Itemized deductions. |
|
4 |
(1) In general. |
|
5 |
For the purposes of section (2), "itemized deductions" means the amount of federal |
|
6 |
itemized deductions as modified by the modifications in § 44-30-12. |
|
7 |
(2) Individuals who do not itemize their deductions. |
|
8 |
In the case of an individual who does not elect to itemize his deductions for the taxable |
|
9 |
year, they may elect to take a standard deduction. |
|
10 |
(3) Basic standard deduction. |
|
11 |
The Rhode Island standard deduction shall be allowed in accordance with the following |
|
12 |
table: |
|
13 |
Filing status Amount |
|
14 |
Single $5,350 |
|
15 |
Married filing jointly or qualifying widow(er) $8,900 |
|
16 |
Married filing separately $4,450 |
|
17 |
Head of Household $7,850 |
|
18 |
(4) Additional standard deduction for the aged and blind. |
|
19 |
An additional standard deduction shall be allowed for individuals age sixty-five (65) or |
|
20 |
older or blind in the amount of $1,300 for individuals who are not married and $1,050 for |
|
21 |
individuals who are married. |
|
22 |
(5) Limitation on basic standard deduction in the case of certain dependents. |
|
23 |
In the case of an individual to whom a deduction under section (E) is allowable to another |
|
24 |
taxpayer, the basic standard deduction applicable to such individual shall not exceed the greater of: |
|
25 |
(a) $850; |
|
26 |
(b) The sum of $300 and such individual's earned income; |
|
27 |
(6) Certain individuals not eligible for standard deduction. |
|
28 |
In the case of: |
|
29 |
(a) A married individual filing a separate return where either spouse itemizes deductions; |
|
30 |
(b) Nonresident alien individual; |
|
31 |
(c) An estate or trust; |
|
32 |
The standard deduction shall be zero. |
|
33 |
(7) Adjustments for inflation. |
|
34 |
Each dollar amount contained in paragraphs (3), (4) and (5) shall be increased by an amount |
|
|
|
|
1 |
equal to: |
|
2 |
(a) Such dollar amount contained in paragraphs (3), (4) and (5) in the year 1988, multiplied |
|
3 |
by |
|
4 |
(b) The cost-of-living adjustment determined under section (J) with a base year of 1988. |
|
5 |
(D) Overall limitation on itemized deductions. |
|
6 |
(1) General rule. |
|
7 |
In the case of an individual whose adjusted gross income as modified by § 44-30-12 |
|
8 |
exceeds the applicable amount, the amount of the itemized deductions otherwise allowable for the |
|
9 |
taxable year shall be reduced by the lesser of: |
|
10 |
(a) Three percent (3%) of the excess of adjusted gross income as modified by § 44-30-12 |
|
11 |
over the applicable amount; or |
|
12 |
(b) Eighty percent (80%) of the amount of the itemized deductions otherwise allowable for |
|
13 |
such taxable year. |
|
14 |
(2) Applicable amount. |
|
15 |
(a) In general. |
|
16 |
For purposes of this section, the term "applicable amount" means $156,400 ($78,200 in the |
|
17 |
case of a separate return by a married individual) |
|
18 |
(b) Adjustments for inflation. |
|
19 |
Each dollar amount contained in paragraph (a) shall be increased by an amount equal to: |
|
20 |
(i) Such dollar amount contained in paragraph (a) in the year 1991, multiplied by |
|
21 |
(ii) The cost-of-living adjustment determined under section (J) with a base year of 1991. |
|
22 |
(3) Phase-out of Limitation. |
|
23 |
(a) In general. |
|
24 |
In the case of taxable year beginning after December 31, 2005, and before January 1, 2010, |
|
25 |
the reduction under section (1) shall be equal to the applicable fraction of the amount which would |
|
26 |
be the amount of such reduction. |
|
27 |
(b) Applicable fraction. |
|
28 |
For purposes of paragraph (a), the applicable fraction shall be determined in accordance |
|
29 |
with the following table: |
|
30 |
For taxable years beginning in calendar year The applicable fraction is |
|
31 |
2006 and 2007 2/3 |
|
32 |
2008 and 2009 1/3 |
|
33 |
(E) Exemption amount. |
|
34 |
(1) In general. |
|
|
|
|
1 |
Except as otherwise provided in this subsection, the term "exemption amount" means |
|
2 |
$3,400. |
|
3 |
(2) Exemption amount disallowed in case of certain dependents. |
|
4 |
In the case of an individual with respect to whom a deduction under this section is allowable |
|
5 |
to another taxpayer for the same taxable year, the exemption amount applicable to such individual |
|
6 |
for such individual's taxable year shall be zero. |
|
7 |
(3) Adjustments for inflation. |
|
8 |
The dollar amount contained in paragraph (1) shall be increased by an amount equal to: |
|
9 |
(a) Such dollar amount contained in paragraph (1) in the year 1989, multiplied by |
|
10 |
(b) The cost-of-living adjustment determined under section (J) with a base year of 1989. |
|
11 |
(4) Limitation. |
|
12 |
(a) In general. |
|
13 |
In the case of any taxpayer whose adjusted gross income as modified for the taxable year |
|
14 |
exceeds the threshold amount shall be reduced by the applicable percentage. |
|
15 |
(b) Applicable percentage. |
|
16 |
In the case of any taxpayer whose adjusted gross income for the taxable year exceeds the |
|
17 |
threshold amount, the exemption amount shall be reduced by two (2) percentage points for each |
|
18 |
$2,500 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year |
|
19 |
exceeds the threshold amount. In the case of a married individual filing a separate return, the |
|
20 |
preceding sentence shall be applied by substituting "$1,250" for "$2,500." In no event shall the |
|
21 |
applicable percentage exceed one hundred percent (100%). |
|
22 |
(c) Threshold Amount. |
|
23 |
For the purposes of this paragraph, the term "threshold amount" shall be determined with |
|
24 |
the following table: |
|
25 |
Filing status Amount |
|
26 |
Single $156,400 |
|
27 |
Married filing jointly of qualifying widow(er) $234,600 |
|
28 |
Married filing separately $117,300 |
|
29 |
Head of Household $195,500 |
|
30 |
(d) Adjustments for inflation. |
|
31 |
Each dollar amount contained in paragraph (b) shall be increased by an amount equal to: |
|
32 |
(i) Such dollar amount contained in paragraph (b) in the year 1991, multiplied by |
|
33 |
(ii) The cost-of-living adjustment determined under section (J) with a base year of 1991. |
|
34 |
(5) Phase-out of limitation. |
|
|
|
|
1 |
(a) In general. |
|
2 |
In the case of taxable years beginning after December 31, 2005, and before January 1, |
|
3 |
2010, the reduction under section 4 shall be equal to the applicable fraction of the amount which |
|
4 |
would be the amount of such reduction. |
|
5 |
(b) Applicable fraction. |
|
6 |
For the purposes of paragraph (a), the applicable fraction shall be determined in accordance |
|
7 |
with the following table: |
|
8 |
For taxable years beginning in calendar year The applicable fraction is |
|
9 |
2006 and 2007 2/3 |
|
10 |
2008 and 2009 1/3 |
|
11 |
(F) Alternative minimum tax. |
|
12 |
(1) General rule. There is hereby imposed (in addition to any other tax imposed by this |
|
13 |
subtitle) a tax equal to the excess (if any) of: |
|
14 |
(a) The tentative minimum tax for the taxable year, over |
|
15 |
(b) The regular tax for the taxable year. |
|
16 |
(2) The tentative minimum tax for the taxable year is the sum of: |
|
17 |
(a) 6.5 percent of so much of the taxable excess as does not exceed $175,000, plus |
|
18 |
(b) 7.0 percent of so much of the taxable excess above $175,000. |
|
19 |
(3) The amount determined under the preceding sentence shall be reduced by the alternative |
|
20 |
minimum tax foreign tax credit for the taxable year. |
|
21 |
(4) Taxable excess. For the purposes of this subsection the term "taxable excess" means so |
|
22 |
much of the federal alternative minimum taxable income as modified by the modifications in § 44- |
|
23 |
30-12 as exceeds the exemption amount. |
|
24 |
(5) In the case of a married individual filing a separate return, subparagraph (2) shall be |
|
25 |
applied by substituting "$87,500" for $175,000 each place it appears. |
|
26 |
(6) Exemption amount. |
|
27 |
For purposes of this section "exemption amount" means: |
|
28 |
Filing status Amount |
|
29 |
Single $39,150 |
|
30 |
Married filing jointly or qualifying widow(er) $53,700 |
|
31 |
Married filing separately $26,850 |
|
32 |
Head of Household $39,150 |
|
33 |
Estate or trust $24,650 |
|
34 |
(7) Treatment of unearned income of minor children |
|
|
|
|
1 |
(a) In general. |
|
2 |
In the case of a minor child, the exemption amount for purposes of section (6) shall not |
|
3 |
exceed the sum of: |
|
4 |
(i) Such child's earned income, plus |
|
5 |
(ii) $6,000. |
|
6 |
(8) Adjustments for inflation. |
|
7 |
The dollar amount contained in paragraphs (6) and (7) shall be increased by an amount |
|
8 |
equal to: |
|
9 |
(a) Such dollar amount contained in paragraphs (6) and (7) in the year 2004, multiplied by |
|
10 |
(b) The cost-of-living adjustment determined under section (J) with a base year of 2004. |
|
11 |
(9) Phase-out. |
|
12 |
(a) In general. |
|
13 |
The exemption amount of any taxpayer shall be reduced (but not below zero) by an amount |
|
14 |
equal to twenty-five percent (25%) of the amount by which alternative minimum taxable income |
|
15 |
of the taxpayer exceeds the threshold amount. |
|
16 |
(b) Threshold amount. |
|
17 |
For purposes of this paragraph, the term "threshold amount" shall be determined with the |
|
18 |
following table: |
|
19 |
Filing status Amount |
|
20 |
Single $123,250 |
|
21 |
Married filing jointly or qualifying widow(er) $164,350 |
|
22 |
Married filing separately $82,175 |
|
23 |
Head of Household $123,250 |
|
24 |
Estate or Trust $82,150 |
|
25 |
(c) Adjustments for inflation |
|
26 |
Each dollar amount contained in paragraph (9) shall be increased by an amount equal to: |
|
27 |
(i) Such dollar amount contained in paragraph (9) in the year 2004, multiplied by |
|
28 |
(ii) The cost-of-living adjustment determined under section (J) with a base year of 2004. |
|
29 |
(G) Other Rhode Island taxes. |
|
30 |
(1) General rule. There is hereby imposed (in addition to any other tax imposed by this |
|
31 |
subtitle) a tax equal to twenty-five percent (25%) of: |
|
32 |
(a) The Federal income tax on lump-sum distributions. |
|
33 |
(b) The Federal income tax on parents' election to report child's interest and dividends. |
|
34 |
(c) The recapture of Federal tax credits that were previously claimed on Rhode Island |
|
|
|
|
1 |
return. |
|
2 |
(H) Tax for children under 18 with investment income. |
|
3 |
(1) General rule. There is hereby imposed a tax equal to twenty-five percent (25%) of: |
|
4 |
(a) The Federal tax for children under the age of 18 with investment income. |
|
5 |
(I) Averaging of farm income. |
|
6 |
(1) General rule. At the election of an individual engaged in a farming business or fishing |
|
7 |
business, the tax imposed in section 2 shall be equal to twenty-five percent (25%) of: |
|
8 |
(a) The Federal averaging of farm income as determined in IRC section 1301 [26 U.S.C. § |
|
9 |
1301]. |
|
10 |
(J) Cost-of-living adjustment. |
|
11 |
(1) In general. |
|
12 |
The cost-of-living adjustment for any calendar year is the percentage (if any) by which: |
|
13 |
(a) The CPI for the preceding calendar year exceeds |
|
14 |
(b) The CPI for the base year. |
|
15 |
(2) CPI for any calendar year. |
|
16 |
For purposes of paragraph (1), the CPI for any calendar year is the average of the consumer |
|
17 |
price index as of the close of the twelve (12) month period ending on August 31 of such calendar |
|
18 |
year. |
|
19 |
(3) Consumer price index. |
|
20 |
For purposes of paragraph (2), the term "consumer price index" means the last consumer |
|
21 |
price index for all urban consumers published by the department of labor. For purposes of the |
|
22 |
preceding sentence, the revision of the consumer price index that is most consistent with the |
|
23 |
consumer price index for calendar year 1986 shall be used. |
|
24 |
(4) Rounding. |
|
25 |
(a) In general. |
|
26 |
If any increase determined under paragraph (1) is not a multiple of $50, such increase shall |
|
27 |
be rounded to the next lowest multiple of $50. |
|
28 |
(b) In the case of a married individual filing a separate return, subparagraph (a) shall be |
|
29 |
applied by substituting "$25" for $50 each place it appears. |
|
30 |
(K) Credits against tax. For tax years beginning on or after January 1, 2001, a taxpayer |
|
31 |
entitled to any of the following federal credits enacted prior to January 1, 1996 shall be entitled to |
|
32 |
a credit against the Rhode Island tax imposed under this section: |
|
33 |
(1) [Deleted by P.L. 2007, ch. 73, art. 7, § 5]. |
|
34 |
(2) Child and dependent care credit; |
|
|
|
|
1 |
(3) General business credits; |
|
2 |
(4) Credit for elderly or the disabled; |
|
3 |
(5) Credit for prior year minimum tax; |
|
4 |
(6) Mortgage interest credit; |
|
5 |
(7) Empowerment zone employment credit; |
|
6 |
(8) Qualified electric vehicle credit. |
|
7 |
(L) Credit against tax for adoption. For tax years beginning on or after January 1, 2006, a |
|
8 |
taxpayer entitled to the federal adoption credit shall be entitled to a credit against the Rhode Island |
|
9 |
tax imposed under this section if the adopted child was under the care, custody, or supervision of |
|
10 |
the Rhode Island department of children, youth and families prior to the adoption. |
|
11 |
(M) The credit shall be twenty-five percent (25%) of the aforementioned federal credits |
|
12 |
provided there shall be no deduction based on any federal credits enacted after January 1, 1996, |
|
13 |
including the rate reduction credit provided by the federal Economic Growth and Tax |
|
14 |
Reconciliation Act of 2001 (EGTRRA). In no event shall the tax imposed under this section be |
|
15 |
reduced to less than zero. A taxpayer required to recapture any of the above credits for federal tax |
|
16 |
purposes shall determine the Rhode Island amount to be recaptured in the same manner as |
|
17 |
prescribed in this subsection. |
|
18 |
(N) Rhode Island earned-income credit . |
|
19 |
(1) In general. |
|
20 |
For tax years beginning before January 1, 2015, a taxpayer entitled to a federal earned- |
|
21 |
income credit shall be allowed a Rhode Island earned-income credit equal to twenty-five percent |
|
22 |
(25%) of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode |
|
23 |
Island income tax. |
|
24 |
For tax years beginning on or after January 1, 2015, and before January 1, 2016, a taxpayer |
|
25 |
entitled to a federal earned-income credit shall be allowed a Rhode Island earned-income credit |
|
26 |
equal to ten percent (10%) of the federal earned-income credit. Such credit shall not exceed the |
|
27 |
amount of the Rhode Island income tax. |
|
28 |
For tax years beginning on or after January 1, 2016, a taxpayer entitled to a federal earned- |
|
29 |
income credit shall be allowed a Rhode Island earned-income credit equal to twelve and one-half |
|
30 |
percent (12.5%) of the federal earned-income credit. Such credit shall not exceed the amount of the |
|
31 |
Rhode Island income tax. |
|
32 |
For tax years beginning on or after January 1, 2017, a taxpayer entitled to a federal earned- |
|
33 |
income credit shall be allowed a Rhode Island earned-income credit equal to fifteen percent (15%) |
|
34 |
of the federal earned-income credit. Such credit shall not exceed the amount of the Rhode Island |
|
|
|
|
1 |
income tax. |
|
2 |
(2) Refundable portion. |
|
3 |
In the event the Rhode Island earned-income credit allowed under paragraph (N)(1) of this |
|
4 |
section exceeds the amount of Rhode Island income tax, a refundable earned-income credit shall |
|
5 |
be allowed as follows. |
|
6 |
(i) For tax years beginning before January 1, 2015, for purposes of paragraph (2) refundable |
|
7 |
earned-income credit means fifteen percent (15%) of the amount by which the Rhode Island earned- |
|
8 |
income credit exceeds the Rhode Island income tax. |
|
9 |
(ii) For tax years beginning on or after January 1, 2015, for purposes of paragraph (2) |
|
10 |
refundable earned-income credit means one hundred percent (100%) of the amount by which the |
|
11 |
Rhode Island earned-income credit exceeds the Rhode Island income tax. |
|
12 |
(O) The tax administrator shall recalculate and submit necessary revisions to paragraphs |
|
13 |
(A) through (J) to the general assembly no later than February 1, 2010 and every three (3) years |
|
14 |
thereafter for inclusion in the statute. |
|
15 |
(3) For the period January 1, 2011 through December 31, 2011, and thereafter, "Rhode |
|
16 |
Island taxable income" means federal adjusted gross income as determined under the Internal |
|
17 |
Revenue Code, 26 U.S.C. 1 et seq., and as modified for Rhode Island purposes pursuant to § 44- |
|
18 |
30-12 less the amount of Rhode Island Basic Standard Deduction allowed pursuant to subparagraph |
|
19 |
44-30-2.6(c)(3)(B), and less the amount of personal exemption allowed pursuant to subparagraph |
|
20 |
44-30-2.6(c)(3)(C). |
|
21 |
(A) Tax imposed. |
|
22 |
(I) There is hereby imposed on the taxable income of married individuals filing joint |
|
23 |
returns, qualifying widow(er), every head of household, unmarried individuals, married individuals |
|
24 |
filing separate returns and bankruptcy estates, a tax determined in accordance with the following |
|
25 |
table: |
|
26 |
RI Taxable Income RI Income Tax |
|
27 |
Over But not over Pay +% on Excess on the amount over |
|
28 |
$0 - $ 55,000 $ 0 + 3.75% $0 |
|
29 |
55,000 - 125,000 2,063 + 4.75% 55,000 |
|
30 |
125,000 - 5,388 + 5.99% 125,000 |
|
31 |
(II) There is hereby imposed on the taxable income of an estate or trust a tax determined |
|
32 |
in accordance with the following table: |
|
33 |
RI Taxable Income RI Income Tax |
|
34 |
Over But not over Pay + % on Excess on the amount over |
|
|
|
|
1 |
$0 - $ 2,230 $ 0 + 3.75% $0 |
|
2 |
2,230 - 7,022 84 + 4.75% 2,230 |
|
3 |
7,022 - 312 + 5.99% 7,022 |
|
4 |
(B) Deductions: |
|
5 |
(I) Rhode Island Basic Standard Deduction. Only the Rhode Island standard deduction |
|
6 |
shall be allowed in accordance with the following table: |
|
7 |
Filing status: Amount |
|
8 |
Single $7,500 |
|
9 |
Married filing jointly or qualifying widow(er) $15,000 |
|
10 |
Married filing separately $7,500 |
|
11 |
Head of Household $11,250 |
|
12 |
(II) Nonresident alien individuals, estates and trusts are not eligible for standard |
|
13 |
deductions. |
|
14 |
(III) In the case of any taxpayer whose adjusted gross income, as modified for Rhode Island |
|
15 |
purposes pursuant to § 44-30-12, for the taxable year exceeds one hundred seventy-five thousand |
|
16 |
dollars ($175,000), the standard deduction amount shall be reduced by the applicable percentage. |
|
17 |
The term "applicable percentage" means twenty (20) percentage points for each five thousand |
|
18 |
dollars ($5,000) (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable |
|
19 |
year exceeds one hundred seventy-five thousand dollars ($175,000). |
|
20 |
(C) Exemption Amount: |
|
21 |
(I) The term "exemption amount" means three thousand five hundred dollars ($3,500) |
|
22 |
multiplied by the number of exemptions allowed for the taxable year for federal income tax |
|
23 |
purposes. |
|
24 |
(II) Exemption amount disallowed in case of certain dependents. In the case of an |
|
25 |
individual with respect to whom a deduction under this section is allowable to another taxpayer for |
|
26 |
the same taxable year, the exemption amount applicable to such individual for such individual's |
|
27 |
taxable year shall be zero. |
|
28 |
(D) In the case of any taxpayer whose adjusted gross income, as modified for Rhode Island |
|
29 |
purposes pursuant to § 33-30-12, for the taxable year exceeds one hundred seventy-five thousand |
|
30 |
dollars ($175,000), the exemption amount shall be reduced by the applicable percentage. The term |
|
31 |
"applicable percentage" means twenty (20) percentage points for each five thousand dollars |
|
32 |
($5,000) (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year |
|
33 |
exceeds one hundred seventy-five thousand dollars ($175,000). |
|
34 |
(E) Adjustment for inflation. The dollar amount contained in subparagraphs 44-30- |
|
|
|
|
1 |
2.6(c)(3)(A), 44-30-2.6(c)(3)(B) and 44-30-2.6(c)(3)(C) shall be increased annually by an amount |
|
2 |
equal to: |
|
3 |
(I) Such dollar amount contained in subparagraphs 44-30-2.6(c)(3)(A), 44-30-2.6(c)(3)(B) |
|
4 |
and 44-30-2.6(c)(3)(C) adjusted for inflation using a base tax year of 2000, multiplied by; |
|
5 |
(II) The cost-of-living adjustment with a base year of 2000. |
|
6 |
(III) For the purposes of this section, the cost-of-living adjustment for any calendar year is |
|
7 |
the percentage (if any) by which the consumer price index for the preceding calendar year exceeds |
|
8 |
the consumer price index for the base year. The consumer price index for any calendar year is the |
|
9 |
average of the consumer price index as of the close of the twelve-month (12) period ending on |
|
10 |
August 31, of such calendar year. |
|
11 |
(IV) For the purpose of this section the term "consumer price index" means the last |
|
12 |
consumer price index for all urban consumers published by the department of labor. For the purpose |
|
13 |
of this section the revision of the consumer price index that is most consistent with the consumer |
|
14 |
price index for calendar year 1986 shall be used. |
|
15 |
(V) If any increase determined under this section is not a multiple of fifty dollars ($50.00), |
|
16 |
such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the case of a |
|
17 |
married individual filing separate return, if any increase determined under this section is not a |
|
18 |
multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower multiple |
|
19 |
of twenty-five dollars ($25.00). |
|
20 |
(F) Credits against tax. |
|
21 |
(I) Notwithstanding any other provisions of Rhode Island Law, for tax years beginning on |
|
22 |
or after January 1, 2011, the only credits allowed against a tax imposed under this chapter shall be |
|
23 |
as follows: |
|
24 |
(a) Rhode Island earned-income credit: Credit shall be allowed for earned-income credit |
|
25 |
pursuant to subparagraph 44-30-2.6(c)(2)(N). |
|
26 |
(b) Property Tax Relief Credit: Credit shall be allowed for property tax relief as provided |
|
27 |
in § 44-33-1 et seq. |
|
28 |
(c) Lead Paint Credit: Credit shall be allowed for residential lead abatement income tax |
|
29 |
credit as provided in § 44-30.3-1 et seq. |
|
30 |
(d) Credit for income taxes of other states. Credit shall be allowed for income tax paid to |
|
31 |
other states pursuant to § 44-30-74. |
|
32 |
(e) Historic Structures Tax Credit: Credit shall be allowed for historic structures tax credit |
|
33 |
as provided in § 44-33.2-1 et seq. |
|
34 |
(f) Motion Picture Productions Tax Credit: Credit shall be allowed for motion picture |
|
|
|
|
1 |
production tax credit as provided in § 44-31.2-1 et seq. |
|
2 |
(g) Child and Dependent Care: Credit shall be allowed for twenty-five percent (25%) of |
|
3 |
the federal child and dependent care credit allowable for the taxable year for federal purposes; |
|
4 |
provided, however, such credit shall not exceed the Rhode Island tax liability. |
|
5 |
(h) Tax credits for contributions to Scholarship Organizations: Credit shall be allowed for |
|
6 |
contributions to scholarship organizations as provided in chapter 62 of title 44. |
|
7 |
(i) Credit for tax withheld. Wages upon which tax is required to be withheld shall be taxable |
|
8 |
as if no withholding were required, but any amount of Rhode Island personal income tax actually |
|
9 |
deducted and withheld in any calendar year shall be deemed to have been paid to the tax |
|
10 |
administrator on behalf of the person from whom withheld, and the person shall be credited with |
|
11 |
having paid that amount of tax for the taxable year beginning in that calendar year. For a taxable |
|
12 |
year of less than twelve (12) months, the credit shall be made under regulations of the tax |
|
13 |
administrator. |
|
14 |
(j) Stay Invested in RI Wavemaker Fellowship: Credit shall be allowed for stay invested in |
|
15 |
RI wavemaker fellowship program as provided in § 42-64.26-1 et seq. |
|
16 |
(k) Rebuild Rhode Island: Credit shall be allowed for rebuild RI tax credit as provided in |
|
17 |
§ 42-64.20-1 et seq. |
|
18 |
(l) Rhode Island Qualified Jobs Incentive Program: Credit shall be allowed for Rhode |
|
19 |
Island new qualified jobs incentive program credit as provided in § 44-48.3-1 et seq. |
|
20 |
(m) Historic homeownership assistance act: Effective for tax year 2017 and thereafter, |
|
21 |
unused carryforward for such credit previously issued shall be allowed for the historic |
|
22 |
homeownership assistance act as provided in §44-33.1-4. This allowance is for credits already |
|
23 |
issued pursuant to §44-33.1-4 and shall not be construed to authorize the issuance of new credits |
|
24 |
under the historic homeownership assistance act. |
|
25 |
(2) Except as provided in section 1 above, no other state and federal tax credit shall be |
|
26 |
available to the taxpayers in computing tax liability under this chapter. |
|
27 |
SECTION 20. Sections 12 and 13 of this article shall take effect on August 1, 2017. The |
|
28 |
remainder of this article shall take effect on July 1, 2017. |
|
|
|
======= |
||
art.009/4/009/3/009/2/013/1 |
||
======= |
||
1 |
ARTICLE 9 |
|
2 |
RELATING TO HEALTH AND HUMAN SERVICES |
|
3 |
SECTION 1. Section 40-5.2-20 of the General Laws in Chapter 40-5.2 entitled "The Rhode |
|
4 |
Island Works Program" is hereby amended to read as follows: |
|
5 |
40-5.2-20. Child-care assistance. |
|
6 |
Families or assistance units eligible for child-care assistance. |
|
7 |
(a) The department shall provide appropriate child care to every participant who is eligible |
|
8 |
for cash assistance and who requires child care in order to meet the work requirements in |
|
9 |
accordance with this chapter. |
|
10 |
(b) Low-Income child care. The department shall provide child care to all other working |
|
11 |
families with incomes at or below one hundred eighty percent (180%) of the federal poverty level |
|
12 |
if, and to the extent, such other families require child care in order to work at paid employment as |
|
13 |
defined in the department's rules and regulations. Beginning October 1, 2013, the department shall |
|
14 |
also provide child care to families with incomes below one hundred eighty percent (180%) of the |
|
15 |
federal poverty level if, and to the extent, such families require child care to participate on a short- |
|
16 |
term basis, as defined in the department's rules and regulations, in training, apprenticeship, |
|
17 |
internship, on-the-job training, work experience, work immersion, or other job-readiness/job- |
|
18 |
attachment program sponsored or funded by the human resource investment council (governor's |
|
19 |
workforce board) or state agencies that are part of the coordinated program system pursuant to § |
|
20 |
42-102-11. |
|
21 |
(c) No family/assistance unit shall be eligible for child-care assistance under this chapter if |
|
22 |
the combined value of its liquid resources exceeds ten thousand dollars ($10,000). Liquid resources |
|
23 |
are defined as any interest(s) in property in the form of cash or other financial instruments or |
|
24 |
accounts that are readily convertible to cash or cash equivalents. These include, but are not limited |
|
25 |
to, cash, bank, credit union, or other financial institution savings, checking, and money market |
|
26 |
accounts; certificates of deposit or other time deposits; stocks; bonds; mutual funds; and other |
|
27 |
similar financial instruments or accounts. These do not include educational savings accounts, plans, |
|
28 |
or programs; retirement accounts, plans, or programs; or accounts held jointly with another adult, |
|
29 |
not including a spouse. The department is authorized to promulgate rules and regulations to |
|
30 |
determine the ownership and source of the funds in the joint account. |
|
|
|
|
1 |
(d) As a condition of eligibility for child-care assistance under this chapter, the parent or |
|
2 |
caretaker relative of the family must consent to, and must cooperate with, the department in |
|
3 |
establishing paternity, and in establishing and/or enforcing child support and medical support |
|
4 |
orders for all children in the family in accordance with title 15, as amended, unless the parent or |
|
5 |
caretaker relative is found to have good cause for refusing to comply with the requirements of this |
|
6 |
subsection. |
|
7 |
(e) For purposes of this section, "appropriate child care" means child care, including infant, |
|
8 |
toddler, pre-school, nursery school, school-age, that is provided by a person or organization |
|
9 |
qualified, approved, and authorized to provide such care by the department of children, youth and |
|
10 |
families, or by the department of elementary and secondary education, or such other lawful |
|
11 |
providers as determined by the department of human services, in cooperation with the department |
|
12 |
of children, youth and families and the department of elementary and secondary education. |
|
13 |
(f) (1) Families with incomes below one hundred percent (100%) of the applicable federal |
|
14 |
poverty level guidelines shall be provided with free child care. Families with incomes greater than |
|
15 |
one hundred percent (100%) and less than one hundred eighty percent (180%) of the applicable |
|
16 |
federal poverty guideline shall be required to pay for some portion of the child care they receive, |
|
17 |
according to a sliding-fee scale adopted by the department in the department's rules. |
|
18 |
(2) Families who are receiving child-care assistance and who become ineligible for child- |
|
19 |
care assistance as a result of their incomes exceeding one hundred eighty percent (180%) of the |
|
20 |
applicable federal poverty guidelines shall continue to be
eligible for child-care assistance |
|
21 |
|
|
22 |
percent (225%) of the applicable federal poverty guidelines |
|
23 |
such families must continue to pay for some portion of the child care they receive, as indicated in |
|
24 |
a sliding-fee scale adopted in the department's rules and in accordance with all other eligibility |
|
25 |
standards. |
|
26 |
(g) In determining the type of child care to be provided to a family, the department shall |
|
27 |
take into account the cost of available child-care options; the suitability of the type of care available |
|
28 |
for the child; and the parent's preference as to the type of child care. |
|
29 |
(h) For purposes of this section, "income" for families receiving cash assistance under § |
|
30 |
40-5.2-11 means gross, earned income and unearned income, subject to the income exclusions in |
|
31 |
§§ 40-5.2-10(g)(2) and 40-5.2-10(g)(3), and income for other families shall mean gross, earned and |
|
32 |
unearned income as determined by departmental regulations. |
|
33 |
(i) The caseload estimating conference established by chapter 17 of title 35 shall forecast |
|
34 |
the expenditures for child care in accordance with the provisions of § 35-17-1. |
|
|
|
|
1 |
(j) In determining eligibility for child-care assistance for children of members of reserve |
|
2 |
components called to active duty during a time of conflict, the department shall freeze the family |
|
3 |
composition and the family income of the reserve component member as it was in the month prior |
|
4 |
to the month of leaving for active duty. This shall continue until the individual is officially |
|
5 |
discharged from active duty. |
|
6 |
SECTION 2. Sections 40-8-19 and 40-8-26 of the General Laws in Chapter 40-8 entitled |
|
7 |
"Medical Assistance" are hereby amended to read as follows: |
|
8 |
40-8-19. Rates of payment to nursing facilities. |
|
9 |
(a) Rate reform. (1) The rates to be paid by the state to nursing facilities licensed pursuant |
|
10 |
to chapter 17 of title 23, and certified to participate in the Title XIX Medicaid program for services |
|
11 |
rendered to Medicaid-eligible residents, shall be reasonable and adequate to meet the costs that |
|
12 |
must be incurred by efficiently and economically operated facilities in accordance with 42 U.S.C. |
|
13 |
§1396a(a)(13). The executive office of health and human services ("executive office") shall |
|
14 |
promulgate or modify the principles of reimbursement for nursing facilities in effect as of July 1, |
|
15 |
2011 to be consistent with the provisions of this section and Title XIX, 42 U.S.C. 1396 et seq., of |
|
16 |
the Social Security Act. |
|
17 |
(2) The executive office shall review the current methodology for providing Medicaid |
|
18 |
payments to nursing facilities, including other long-term care services providers, and is authorized |
|
19 |
to modify the principles of reimbursement to replace the current cost based methodology rates with |
|
20 |
rates based on a price based methodology to be paid to all facilities with recognition of the acuity |
|
21 |
of patients and the relative Medicaid occupancy, and to include the following elements to be |
|
22 |
developed by the executive office: |
|
23 |
(i) A direct care rate adjusted for resident acuity; |
|
24 |
(ii) An indirect care rate comprised of a base per diem for all facilities; |
|
25 |
(iii) A rearray of costs for all facilities every three (3) years beginning October, 2015, that |
|
26 |
may or may not result in automatic per diem revisions; |
|
27 |
(iv) Application of a fair rental value system; |
|
28 |
(v) Application of a pass-through system; and |
|
29 |
(vi) Adjustment of rates by the change in a recognized national nursing home inflation |
|
30 |
index to be applied on October 1st of each year, beginning October 1, 2012. This adjustment will |
|
31 |
not occur on October 1, 2013 or October 1, 2015, but will occur on April 1, 2015. The adjustment |
|
32 |
of rates will also not occur on October 1, 2017. Said inflation index shall be applied without regard |
|
33 |
for the transition factor in subsection (b)(2) below. For purposes of October 1, 2016, adjustment |
|
34 |
only, any rate increase that results from application of the inflation index to subparagraphs (a)(2)(i) |
|
|
|
|
1 |
and (a)(2)(ii) shall be dedicated to increase compensation for direct-care workers in the following |
|
2 |
manner: Not less than 85% of this aggregate amount shall be expended to fund an increase in wages, |
|
3 |
benefits, or related employer costs of direct-care staff of nursing homes. For purposes of this |
|
4 |
section, direct-care staff shall include registered nurses (RNs), licensed practical nurses (LPNs), |
|
5 |
certified nursing assistants (CNAs), certified medical technicians, housekeeping staff, laundry staff, |
|
6 |
dietary staff, or other similar employees providing direct care services; provided, however, that this |
|
7 |
definition of direct-care staff shall not include: (i) RNs and LPNs who are classified as "exempt |
|
8 |
employees" under the Federal Fair Labor Standards Act (29 U.S.C. 201 et seq.); or (ii) CNAs, |
|
9 |
certified medical technicians, RNs, or LPNs who are contracted, or subcontracted, through a third- |
|
10 |
party vendor or staffing agency. By July 31, 2017, nursing facilities shall submit to the secretary, |
|
11 |
or designee, a certification that they have complied with the provisions of this subparagraph |
|
12 |
(a)(2)(vi) with respect to the inflation index applied on October 1, 2016. Any facility that does not |
|
13 |
comply with terms of such certification shall be subjected to a clawback, paid by the nursing facility |
|
14 |
to the state, in the amount of increased reimbursement subject to this provision that was not |
|
15 |
expended in compliance with that certification. |
|
16 |
(b) Transition to full implementation of rate reform. For no less than four (4) years after |
|
17 |
the initial application of the price-based methodology described in subdivision (a)(2) to payment |
|
18 |
rates, the executive office of health and human services shall implement a transition plan to |
|
19 |
moderate the impact of the rate reform on individual nursing facilities. Said transition shall include |
|
20 |
the following components: |
|
21 |
(1) No nursing facility shall receive reimbursement for direct-care costs that is less than |
|
22 |
the rate of reimbursement for direct-care costs received under the methodology in effect at the time |
|
23 |
of passage of this act; for the year beginning October 1, 2017, the reimbursement for direct-care |
|
24 |
costs under this provision will be phased out in twenty-five-percent (25%) increments each year |
|
25 |
until October 1, 2021, when the reimbursement will no longer be in effect. No nursing facility shall |
|
26 |
receive reimbursement for direct care costs that is less than the rate of reimbursement for direct |
|
27 |
care costs received under the methodology in effect at the time of passage of this act; and |
|
28 |
(2) No facility shall lose or gain more than five dollars ($5.00) in its total per diem rate the |
|
29 |
first year of the transition. An adjustment to the per diem loss or gain may be phased out by twenty- |
|
30 |
five percent (25%) each year; except, however, for the years beginning October 1, 2015, there shall |
|
31 |
be no adjustment to the per diem gain or loss, but the phase out shall resume thereafter; and |
|
32 |
(3) The transition plan and/or period may be modified upon full implementation of facility |
|
33 |
per diem rate increases for quality of care related measures. Said modifications shall be submitted |
|
34 |
in a report to the general assembly at least six (6) months prior to implementation. |
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|
1 |
(4) Notwithstanding any law to the contrary, for the twelve (12) month period beginning |
|
2 |
July 1, 2015, Medicaid payment rates for nursing facilities established pursuant to this section shall |
|
3 |
not exceed ninety-eight percent (98%) of the rates in effect on April 1, 2015. |
|
4 |
40-8-26. Community health centers. |
|
5 |
(a) For the purposes of this section the term community health centers refers to federally |
|
6 |
qualified health centers and rural health centers. |
|
7 |
(b) To support the ability of community health centers to provide high quality medical care |
|
8 |
to patients, the |
|
9 |
("executive office") shall adopt and implement a methodology for determining a Medicaid per visit |
|
10 |
reimbursement for community health centers which is compliant with the prospective payment |
|
11 |
system provided for in the Medicare, Medicaid and SCHIP Benefits Improvement and Protection |
|
12 |
Act of 2001. The following principles are to assure that the prospective payment rate determination |
|
13 |
methodology is part of the |
|
14 |
approach. |
|
15 |
(c) The rate determination methodology will (i) fairly recognize the reasonable costs of |
|
16 |
providing services. Recognized reasonable costs will be those appropriate for the organization, |
|
17 |
management and direct provision of services and (ii) provide
assurances to the |
|
18 |
|
|
19 |
consistent with industry standards. Except for demonstrated cause and at the discretion of the |
|
20 |
|
|
21 |
medical, dental) provided by an individual community health center shall not exceed one hundred |
|
22 |
twenty-five percent (125%) of the median rate for all community health centers within Rhode |
|
23 |
Island. |
|
24 |
(d) Community health centers will cooperate fully and timely with reporting requirements |
|
25 |
established by the |
|
26 |
(e) Reimbursement rates established through this methodology shall be incorporated into |
|
27 |
the PPS reconciliation for services provided to Medicaid eligible persons who are enrolled in a |
|
28 |
health plan on the date of service. Monthly payments by |
|
29 |
for persons enrolled in a health plan shall be made directly to the community health centers. |
|
30 |
(f) Reimbursement rates established through this methodology shall be incorporated into |
|
31 |
the |
|
32 |
|
|
33 |
|
|
34 |
capitation rates paid to a health plan. The health plan shall be responsible for paying the full amount |
|
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|
|
1 |
of the reimbursement rate to the community health center for each service eligible for |
|
2 |
reimbursement under the Medicare, Medicaid and SCHIP Benefits Improvement and Protection |
|
3 |
Act of 2001. If the health plan has an alternative payment arrangement with the community health |
|
4 |
center the health plan may establish a PPS reconciliation process for eligible services and make |
|
5 |
monthly payments related to PPS for person enrolled in the health plan on the date of service. The |
|
6 |
executive office will review, at least annually, the Medicaid reimbursement rates and reconciliation |
|
7 |
methodology used by the health plans for community health centers to ensure payments to each are |
|
8 |
made in compliance with the Medicare, Medicaid and SCHIP Benefits Improvement and Protection |
|
9 |
Act of 2001. |
|
10 |
SECTION 3. Sections 40-8.3-2, 40-8.3-3 and 40-8.3-10 of the General Laws in Chapter |
|
11 |
40-8.3 entitled "Uncompensated Care" are hereby amended to read as follows: |
|
12 |
40-8.3-2. Definitions. |
|
13 |
As used in this chapter: |
|
14 |
(1) "Base year" means, for the purpose of calculating a disproportionate share payment for |
|
15 |
any fiscal year ending after September 30, |
|
16 |
through September 30, |
|
17 |
the period from October 1, 2014, through September 30, 2015. |
|
18 |
(2) "Medicaid inpatient utilization rate for a hospital" means a fraction (expressed as a |
|
19 |
percentage), the numerator of which is the hospital's number of inpatient days during the base year |
|
20 |
attributable to patients who were eligible for medical assistance during the base year and the |
|
21 |
denominator of which is the total number of the hospital's inpatient days in the base year. |
|
22 |
(3) "Participating hospital" means any nongovernment and non-psychiatric hospital that: |
|
23 |
(i) Was licensed as a hospital in accordance with chapter 17 of title 23 during the base year |
|
24 |
and shall mean the actual facilities and buildings in existence in Rhode Island, licensed pursuant to |
|
25 |
23-17-1 et seq. on June 30, 2010, and thereafter any premises included on that license, regardless |
|
26 |
of changes in licensure status pursuant to chapter 17.14 of title 23 (hospital conversions) and 23- |
|
27 |
17-6(b) (change in effective control), that provides short-term acute inpatient and/or outpatient care |
|
28 |
to persons who require definitive diagnosis and treatment for injury, illness, disabilities, or |
|
29 |
pregnancy. Notwithstanding the preceding language, the negotiated Medicaid managed care |
|
30 |
payment rates for a court-approved purchaser that acquires a hospital through receivership, special |
|
31 |
mastership, or other similar state insolvency proceedings (which court-approved purchaser is issued |
|
32 |
a hospital license after January 1, 2013) shall be based upon the newly negotiated rates between |
|
33 |
the court-approved purchaser and the health plan, and such rates shall be effective as of the date |
|
34 |
that the court-approved purchaser and the health plan execute the initial agreement containing the |
|
|
|
|
1 |
newly negotiated rate. The rate-setting methodology for inpatient hospital payments and outpatient |
|
2 |
hospital payments set forth in §40-8-13.4(b)(1)(ii)(C) and 40-8-13.4(b)(2), respectively, shall |
|
3 |
thereafter apply to negotiated increases for each annual twelve-month (12) period as of July 1 |
|
4 |
following the completion of the first full year of the court-approved purchaser's initial Medicaid |
|
5 |
managed care contract. |
|
6 |
(ii) Achieved a medical assistance inpatient utilization rate of at least one percent (1%) |
|
7 |
during the base year; and |
|
8 |
(iii) Continues to be licensed as a hospital in accordance with chapter 17 of title 23 during |
|
9 |
the payment year. |
|
10 |
(4) "Uncompensated-care costs" means, as to any hospital, the sum of: (i) The cost incurred |
|
11 |
by such hospital during the base year for inpatient or outpatient services attributable to charity care |
|
12 |
(free care and bad debts) for which the patient has no health insurance or other third-party coverage |
|
13 |
less payments, if any, received directly from such patients; and (ii) The cost incurred by such |
|
14 |
hospital during the base year for inpatient or out-patient services attributable to Medicaid |
|
15 |
beneficiaries less any Medicaid reimbursement received therefor; multiplied by the uncompensated |
|
16 |
care index. |
|
17 |
(5) "Uncompensated-care index" means the annual percentage increase for hospitals |
|
18 |
established pursuant to 27-19-14 for each year after the base year, up to and including the payment |
|
19 |
year, provided, however, that the uncompensated-care index for the payment year ending |
|
20 |
September 30, 2007, shall be deemed to be five and thirty-eight hundredths percent (5.38%), and |
|
21 |
that the uncompensated-care index for the payment year ending September 30, 2008, shall be |
|
22 |
deemed to be five and forty-seven hundredths percent (5.47%), and that the uncompensated-care |
|
23 |
index for the payment year ending September 30, 2009, shall be deemed to be five and thirty-eight |
|
24 |
hundredths percent (5.38%), and that the uncompensated-care index for the payment years ending |
|
25 |
September 30, 2010, September 30, 2011, September 30, 2012, September 30, 2013, September |
|
26 |
30, 2014, September 30, 2015, September 30, 2016, |
|
27 |
2018, shall be deemed to be five and thirty hundredths percent (5.30%). |
|
28 |
40-8.3-3. Implementation. |
|
29 |
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|
30 |
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|
31 |
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32 |
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33 |
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34 |
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1 |
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2 |
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3 |
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4 |
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5 |
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7 |
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8 |
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9 |
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10 |
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11 |
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12 |
30, 2016, the executive office of health and human services shall submit to the Secretary of the |
|
13 |
U.S. Department of Health and Human Services a state plan amendment to the Rhode Island |
|
14 |
Medicaid DSH Plan to provide: |
|
15 |
(1) That the disproportionate-share hospital payments to all participating hospitals, not to |
|
16 |
exceed an aggregate limit of $138.2 million, shall be allocated by the executive office of health and |
|
17 |
human services to the Pool A, Pool C, and Pool D components of the DSH Plan; and, |
|
18 |
(2) That the Pool D allotment shall be distributed among the participating hospitals in direct |
|
19 |
proportion to the individual, participating hospital's uncompensated-care costs for the base year, |
|
20 |
inflated by the uncompensated-care index to the total uncompensated-care costs for the base year |
|
21 |
inflated by uncompensated-care index for all participating hospitals. The DSH Plan shall be made |
|
22 |
on or before July 11, 2016, and are expressly conditioned upon approval on or before July 5, 2016, |
|
23 |
by the Secretary of the U.S. Department of Health and Human Services, or his or her authorized |
|
24 |
representative, of all Medicaid state plan amendments necessary to secure for the state the benefit |
|
25 |
of federal financial participation in federal fiscal year 2016 for the DSH Plan. |
|
26 |
|
|
27 |
30, 2017, the executive office of health and human services shall submit to the Secretary of the |
|
28 |
U.S. Department of Health and Human Services a state plan amendment to the Rhode Island |
|
29 |
Medicaid DSH Plan to provide: |
|
30 |
(1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of |
|
31 |
$139.7 million, shall be allocated by the executive office of health and human services to the Pool |
|
32 |
D component of the DSH Plan; and, |
|
33 |
(2) That the Pool D allotment shall be distributed among the participating hospitals in direct |
|
34 |
proportion to the individual, participating hospital's uncompensated-care costs for the base year, |
|
|
|
|
1 |
inflated by the uncompensated-care index to the total uncompensated-care costs for the base year |
|
2 |
inflated by uncompensated-care index for all participating hospitals. The disproportionate-share |
|
3 |
payments shall be made on or before July 11, 2017, and are expressly conditioned upon approval |
|
4 |
on or before July 5, 2017, by the Secretary of the U.S. Department of Health and Human Services, |
|
5 |
or his or her authorized representative, of all Medicaid state plan amendments necessary to secure |
|
6 |
for the state the benefit of federal financial participation in federal fiscal year 2017 for the |
|
7 |
disproportionate share payments. |
|
8 |
(c) For federal fiscal year 2018, commencing on October 1, 2017 and ending September |
|
9 |
30, 2018, the executive office of health and human services shall submit to the Secretary of the |
|
10 |
U.S. Department of Health and Human Services a state plan amendment to the Rhode Island |
|
11 |
Medicaid DSH Plan to provide: |
|
12 |
(1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of |
|
13 |
$138.6 million, shall be allocated by the executive office of health and human services to Pool D |
|
14 |
component of the DSH Plan; and, |
|
15 |
(2) That the Pool D allotment shall be distributed among the participating hospitals in direct |
|
16 |
proportion to the individual participating hospital's uncompensated care costs for the base year, |
|
17 |
inflated by the uncompensated care index to the total uncompensated care costs for the base year |
|
18 |
inflated by uncompensated care index for all participating hospitals. The disproportionate share |
|
19 |
payments shall be made on or before July 10, 2018 and are expressly conditioned upon approval |
|
20 |
on or before July 5, 2018 by the Secretary of the U.S. Department of Health and Human Services, |
|
21 |
or his or her authorized representative, of all Medicaid state plan amendments necessary to secure |
|
22 |
for the state the benefit of federal financial participation in federal fiscal year 2018 for the |
|
23 |
disproportionate share payments. |
|
24 |
(d) No provision is made pursuant to this chapter for disproportionate-share hospital |
|
25 |
payments to participating hospitals for uncompensated-care costs related to graduate medical |
|
26 |
education programs. |
|
27 |
(e) The executive office of health and human services is directed, on at least a monthly |
|
28 |
basis, to collect patient-level uninsured information, including, but not limited to, demographics, |
|
29 |
services rendered, and reason for uninsured status from all hospitals licensed in Rhode Island. |
|
30 |
(f) Beginning with federal FY 2016, Pool D DSH payments will be recalculated by the |
|
31 |
state based on actual hospital experience. The final Pool D payments will be based on the data from |
|
32 |
the final DSH audit for each federal fiscal year. Pool D DSH payments will be redistributed among |
|
33 |
the qualifying hospitals in direct proportion to the individual, qualifying hospital's uncompensated- |
|
34 |
care to the total uncompensated-care costs for all qualifying hospitals as determined by the DSH |
|
|
|
|
1 |
audit. No hospital will receive an allocation that would incur funds received in excess of audited |
|
2 |
uncompensated-care costs. |
|
3 |
SECTION 4. Section 40-8.3-10 of the General Laws in Chapter 40-8.3 entitled |
|
4 |
"Uncompensated Care" is hereby repealed. |
|
5 |
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6 |
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7 |
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8 |
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9 |
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10 |
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11 |
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12 |
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13 |
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14 |
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15 |
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17 |
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18 |
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19 |
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20 |
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21 |
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11 |
SECTION 5. Section 40-8.9-9 of the General Laws in Chapter 40-8.9 entitled "Medical |
|
12 |
Assistance - Long-Term Care Service and Finance Reform" are hereby amended to read as follows: |
|
13 |
40-8.9-9. Long-term care re-balancing system reform goal. |
|
14 |
(a) Notwithstanding any other provision of state law, the executive office of health and |
|
15 |
human services is authorized and directed to apply for and obtain any necessary waiver(s), waiver |
|
16 |
amendment(s) and/or state plan amendments from the secretary of the United States department of |
|
17 |
health and human services, and to promulgate rules necessary to adopt an affirmative plan of |
|
18 |
program design and implementation that addresses the goal of allocating a minimum of fifty percent |
|
19 |
(50%) of Medicaid long-term care funding for persons aged sixty-five (65) and over and adults |
|
20 |
with disabilities, in addition to services for persons with developmental disabilities , to home and |
|
21 |
community-based care ; provided, further, the executive office shall report annually as part of its |
|
22 |
budget submission, the percentage distribution between institutional care and home and |
|
23 |
community-based care by population and shall report current and projected waiting lists for long- |
|
24 |
term care and home and community-based care services. The executive office is further authorized |
|
25 |
and directed to prioritize investments in home and community- based care and to maintain the |
|
26 |
integrity and financial viability of all current long-term care services while pursuing this goal. |
|
27 |
(b) The reformed long-term care system re-balancing goal is person-centered and |
|
28 |
encourages individual self-determination, family involvement, interagency collaboration, and |
|
29 |
individual choice through the provision of highly specialized and individually tailored home- based |
|
30 |
services. Additionally, individuals with severe behavioral, physical, or developmental disabilities |
|
31 |
must have the opportunity to live safe and healthful lives through access to a wide range of |
|
32 |
supportive services in an array of community-based settings, regardless of the complexity of their |
|
33 |
medical condition, the severity of their disability, or the challenges of their behavior. Delivery of |
|
34 |
services and supports in less costly and less restrictive community settings, will enable children, |
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|
1 |
adolescents, and adults to be able to curtail, delay, or avoid lengthy stays in long-term care |
|
2 |
institutions, such as behavioral health residential treatment facilities, long- term care hospitals, |
|
3 |
intermediate care facilities and/or skilled nursing facilities. |
|
4 |
(c) Pursuant to federal authority procured under 42-7.2-16 of the general laws, the |
|
5 |
executive office of health and human services is directed and authorized to adopt a tiered set of |
|
6 |
criteria to be used to determine eligibility for services. Such criteria shall be developed in |
|
7 |
collaboration with the state's health and human services departments and, to the extent feasible, any |
|
8 |
consumer group, advisory board, or other entity designated for such purposes, and shall encompass |
|
9 |
eligibility determinations for long-term care services in nursing facilities, hospitals, and |
|
10 |
intermediate care facilities for persons with intellectual disabilities as well as home and community- |
|
11 |
based alternatives, and shall provide a common standard of income eligibility for both institutional |
|
12 |
and home and community- based care. The executive office is authorized to adopt clinical and/or |
|
13 |
functional criteria for admission to a nursing facility, hospital, or intermediate care facility for |
|
14 |
persons with intellectual disabilities that are more stringent than those employed for access to home |
|
15 |
and community-based services. The executive office is also authorized to promulgate rules that |
|
16 |
define the frequency of re- assessments for services provided for under this section. Levels of care |
|
17 |
may be applied in accordance with the following: |
|
18 |
(1) The executive office shall continue to apply the level of care criteria in effect on June |
|
19 |
30, 2015 for any recipient determined eligible for and receiving Medicaid-funded long-term |
|
20 |
services in supports in a nursing facility, hospital, or intermediate care facility for persons with |
|
21 |
intellectual disabilities on or before that date, unless: |
|
22 |
(a) the recipient transitions to home and community based services because he or she would |
|
23 |
no longer meet the level of care criteria in effect on June 30, 2015; or |
|
24 |
(b) the recipient chooses home and community-based services over the nursing facility, |
|
25 |
hospital, or intermediate care facility for persons with intellectual disabilities. For the purposes of |
|
26 |
this section, a failed community placement, as defined in regulations promulgated by the executive |
|
27 |
office, shall be considered a condition of clinical eligibility for the highest level of care. The |
|
28 |
executive office shall confer with the long-term care ombudsperson with respect to the |
|
29 |
determination of a failed placement under the ombudsperson's jurisdiction. Should any Medicaid |
|
30 |
recipient eligible for a nursing facility, hospital, or intermediate care facility for persons with |
|
31 |
intellectual disabilities as of June 30, 2015, receive a determination of a failed community |
|
32 |
placement, the recipient shall have access to the highest level of care; furthermore, a recipient who |
|
33 |
has experienced a failed community placement shall be transitioned back into his or her former |
|
34 |
nursing home, hospital, or intermediate care facility for persons with intellectual disabilities |
|
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|
|
1 |
whenever possible. Additionally, residents shall only be moved from a nursing home, hospital, or |
|
2 |
intermediate care facility for persons with intellectual disabilities in a manner consistent with |
|
3 |
applicable state and federal laws. |
|
4 |
(2) Any Medicaid recipient eligible for the highest level of care who voluntarily leaves a |
|
5 |
nursing home, hospital, or intermediate care facility for persons with intellectual disabilities shall |
|
6 |
not be subject to any wait list for home and community-based services. |
|
7 |
(3) No nursing home, hospital, or intermediate care facility for persons with intellectual |
|
8 |
disabilities shall be denied payment for services rendered to a Medicaid recipient on the grounds |
|
9 |
that the recipient does not meet level of care criteria unless and until the executive office has: |
|
10 |
(i) performed an individual assessment of the recipient at issue and provided written notice |
|
11 |
to the nursing home, hospital, or intermediate care facility for persons with intellectual disabilities |
|
12 |
that the recipient does not meet level of care criteria; and |
|
13 |
(ii) the recipient has either appealed that level of care determination and been unsuccessful, |
|
14 |
or any appeal period available to the recipient regarding that level of care determination has expired. |
|
15 |
(d) The executive office is further authorized to consolidate all home and community-based |
|
16 |
services currently provided pursuant to 1915( c) of title XIX of the United States Code into a single |
|
17 |
system of home and community- based services that include options for consumer direction and |
|
18 |
shared living. The resulting single home and community-based services system shall replace and |
|
19 |
supersede all §1915(c) programs when fully implemented. Notwithstanding the foregoing, the |
|
20 |
resulting single program home and community-based services system shall include the continued |
|
21 |
funding of assisted living services at any assisted living facility financed by the Rhode Island |
|
22 |
housing and mortgage finance corporation prior to January 1, 2006, and shall be in accordance with |
|
23 |
chapter 66.8 of title 42 of the general laws as long as assisted living services are a covered Medicaid |
|
24 |
benefit. |
|
25 |
(e) The executive office is authorized to promulgate rules that permit certain optional |
|
26 |
services including, but not limited to, homemaker services, home modifications, respite, and |
|
27 |
physical therapy evaluations to be offered to persons at risk for Medicaid-funded long-term care |
|
28 |
subject to availability of state-appropriated funding for these purposes. |
|
29 |
(f) To promote the expansion of home and community-based service capacity, the |
|
30 |
executive office is authorized to pursue payment methodology reforms that increase access to |
|
31 |
homemaker, personal care (home health aide), assisted living, adult supportive care homes, and |
|
32 |
adult day services, as follows: |
|
33 |
(1) Development, of revised or new Medicaid certification standards that increase access |
|
34 |
to service specialization and scheduling accommodations by using payment strategies designed to |
|
|
|
|
1 |
achieve specific quality and health outcomes. |
|
2 |
(2) Development of Medicaid certification standards for state authorized providers of adult |
|
3 |
day services, excluding such providers of services authorized under 40.1-24-1(3), assisted living, |
|
4 |
and adult supportive care (as defined under 23-17.24) that establish for each, an acuity- based, |
|
5 |
tiered service and payment methodology tied to: licensure authority, level of beneficiary needs; the |
|
6 |
scope of services and supports provided; and specific quality and outcome measures. |
|
7 |
The standards for adult day services for persons eligible for Medicaid-funded long-term |
|
8 |
services may differ from those who do not meet the clinical/functional criteria set forth in 40-8.10- |
|
9 |
3. |
|
10 |
(3) |
|
11 |
|
|
12 |
|
|
13 |
|
|
14 |
|
|
15 |
|
|
16 |
|
|
17 |
|
|
18 |
|
|
19 |
|
|
20 |
|
|
21 |
|
|
22 |
|
|
23 |
|
|
24 |
|
|
25 |
|
|
26 |
|
|
27 |
requiring long-term services and supports in home and community-based settings, the demand for |
|
28 |
home care workers has increased, and wages for these workers has not kept pace with neighboring |
|
29 |
states, leading to high turnover and vacancy rates in the state's home care industry, the EOHHS |
|
30 |
shall institute a one-time increase in the base-payment rates for home-care service providers to |
|
31 |
promote increased access to and an adequate supply of highly trained home health care |
|
32 |
professionals, in amount to be determined by the appropriations process, for the purpose of raising |
|
33 |
wages for personal care attendants and home health aides to be implemented by such providers. |
|
34 |
(g) The executive office shall implement a long-term care options counseling program to |
|
|
|
|
1 |
provide individuals, or their representatives, or both, with long-term care consultations that shall |
|
2 |
include, at a minimum, information about: long-term care options, sources, and methods of both |
|
3 |
public and private payment for long-term care services and an assessment of an individual's |
|
4 |
functional capabilities and opportunities for maximizing independence. Each individual admitted |
|
5 |
to, or seeking admission to a long-term care facility, regardless of the payment source, shall be |
|
6 |
informed by the facility of the availability of the long-term care options counseling program and |
|
7 |
shall be provided with long-term care options consultation if they so request. Each individual who |
|
8 |
applies for Medicaid long-term care services shall be provided with a long-term care consultation. |
|
9 |
(h) The executive office is also authorized, subject to availability of appropriation of |
|
10 |
funding, and federal Medicaid-matching funds, to pay for certain services and supports necessary |
|
11 |
to transition or divert beneficiaries from institutional or restrictive settings and optimize their health |
|
12 |
and safety when receiving care in a home or the community . The secretary is authorized to obtain |
|
13 |
any state plan or waiver authorities required to maximize the federal funds available to support |
|
14 |
expanded access to such home and community transition and stabilization services; provided, |
|
15 |
however, payments shall not exceed an annual or per person amount. |
|
16 |
(i) To ensure persons with long-term care needs who remain living at home have adequate |
|
17 |
resources to deal with housing maintenance and unanticipated housing related costs, the secretary |
|
18 |
is authorized to develop higher resource eligibility limits for persons or obtain any state plan or |
|
19 |
waiver authorities necessary to change the financial eligibility criteria for long-term services and |
|
20 |
supports to enable beneficiaries receiving home and community waiver services to have the |
|
21 |
resources to continue living in their own homes or rental units or other home-based settings. |
|
22 |
(j) The executive office shall implement, no later than January 1, 2016, the following home |
|
23 |
and community-based service and payment reforms: |
|
24 |
(1) Community-based supportive living program established in 40-8.13-2.12; |
|
25 |
(2) Adult day services level of need criteria and acuity-based, tiered payment methodology; |
|
26 |
and |
|
27 |
(3) Payment reforms that encourage home and community-based providers to provide the |
|
28 |
specialized services and accommodations beneficiaries need to avoid or delay institutional care. |
|
29 |
(k) The secretary is authorized to seek any Medicaid section 1115 waiver or state plan |
|
30 |
amendments and take any administrative actions necessary to ensure timely adoption of any new |
|
31 |
or amended rules, regulations, policies, or procedures and any system enhancements or changes, |
|
32 |
for which appropriations have been authorized, that are necessary to facilitate implementation of |
|
33 |
the requirements of this section by the dates established. The secretary shall reserve the discretion |
|
34 |
to exercise the authority established under 42-7.2-5(6)(v) and 42-7.2-6.1, in consultation with the |
|
|
|
|
1 |
governor, to meet the legislative directives established herein. |
|
2 |
SECTION 6. Section 40.1-1-13 of the General Laws in Chapter 40.1-1 entitled |
|
3 |
"Department of Behavioral Healthcare, Developmental Disabilities and Hospitals" is hereby |
|
4 |
amended to read as follows: |
|
5 |
40.1-1-13. Powers and duties of the office. |
|
6 |
(a) Notwithstanding any provision of the Rhode Island general laws to the contrary, the |
|
7 |
department of behavioral healthcare, developmental disabilities and hospitals shall have the |
|
8 |
following powers and duties: |
|
9 |
(1) To establish and promulgate the overall plans, policies, objectives, and priorities for |
|
10 |
state substance-abuse education, prevention, and treatment; provided, however, that the director |
|
11 |
shall obtain and consider input from all interested state departments and agencies prior to the |
|
12 |
promulgation of any such plans or policies; |
|
13 |
(2) Evaluate and monitor all state grants and contracts to local substance-abuse service |
|
14 |
providers; |
|
15 |
(3) Develop, provide for, and coordinate the implementation of a comprehensive state plan |
|
16 |
for substance-abuse education, prevention, and treatment; |
|
17 |
(4) Ensure the collection, analysis, and dissemination of information for planning and |
|
18 |
evaluation of substance-abuse services; |
|
19 |
(5) Provide support, guidance, and technical assistance to individuals, local governments, |
|
20 |
community service providers, public and private organizations in their substance-abuse education, |
|
21 |
prevention, and treatment activities; |
|
22 |
(6) Confer with all interested department directors to coordinate the administration of state |
|
23 |
programs and policies that directly affect substance-abuse treatment and prevention; |
|
24 |
(7) Seek and receive funds from the federal government and private sources in order to |
|
25 |
further the purposes of this chapter; |
|
26 |
(8) |
|
27 |
|
|
28 |
|
|
29 |
|
|
30 |
executive office of health and human services as the state's co-designated agency (§ 42 U.S.C. |
|
31 |
300x-30(a)) for administering federal aid and for the purposes of the calculation of the expenditures |
|
32 |
relative to the substance abuse block grant and federal funding maintenance of effort. The |
|
33 |
department of behavioral healthcare, developmental disabilities and hospitals, as the state's |
|
34 |
substance abuse authority, will have the sole responsibility for the planning, policy and |
|
|
|
|
1 |
implementation efforts as it relates to the requirements set forth in pertinent substance abuse laws |
|
2 |
and regulations including 42 U.S.C. § 300x-21 et seq.; |
|
3 |
(9) Propose, review, and/or approve, as appropriate, proposals, policies, or plans involving |
|
4 |
insurance and managed care systems for substance-abuse services in Rhode Island; |
|
5 |
(10) To enter into, in compliance with the provisions of chapter 2 of title 37, contractual |
|
6 |
relationships and memoranda of agreement as necessary for the purposes of this chapter; |
|
7 |
(11) To license facilities and programs for the care and treatment of substance abusers and |
|
8 |
for the prevention of substance abuse; |
|
9 |
(12) To promulgate rules and regulations necessary to carry out the requirements of this |
|
10 |
chapter; |
|
11 |
(13) Perform other acts and exercise any other powers necessary or convenient to carry out |
|
12 |
the intent and purposes of this chapter; |
|
13 |
(14) To exercise the authority and responsibilities relating to education, prevention, and |
|
14 |
treatment of substance abuse, as contained in, but not limited to, the following chapters: chapter |
|
15 |
1.10 of title 23; chapter 10.1 of title 23; chapter 28.2 of title 23; chapter 21.2 of title 16; chapter |
|
16 |
21.3 of title 16; chapter 50.1 of title 42; chapter 109 of title 42; chapter 69 of title 5 and § 35-4-18; |
|
17 |
(15) To establish a Medicare Part D restricted-receipt account in the hospitals and |
|
18 |
community rehabilitation services program to receive and expend Medicare Part D reimbursements |
|
19 |
from pharmacy benefit providers consistent with the purposes of this chapter; |
|
20 |
(16) To establish a RICLAS group home operations restricted-receipt account in the |
|
21 |
services for the developmentally disabled program to receive and expend rental income from |
|
22 |
RICLAS group clients for group home-related expenditures, including food, utilities, community |
|
23 |
activities, and the maintenance of group homes; |
|
24 |
(17) To establish a non-Medicaid, third-party payor restricted-receipt account in the |
|
25 |
hospitals and community rehabilitation services program to receive and expend reimbursement |
|
26 |
from non-Medicaid, third-party payors to fund hospital patient services that are not Medicaid |
|
27 |
eligible; and |
|
28 |
(18) To certify recovery housing facilities directly, or through a contracted entity, as |
|
29 |
defined by department guidelines, which includes adherence to using National Alliance for |
|
30 |
Recovery Residences (NARR) standards. In accordance with a schedule to be determined by the |
|
31 |
department, all referrals from state agencies or state-funded facilities shall be to certified houses, |
|
32 |
and only certified recovery housing facilities shall be eligible to receive state funding to deliver |
|
33 |
recovery housing services; and. |
|
34 |
|
|
|
|
|
1 |
|
|
2 |
|
|
3 |
|
|
4 |
SECTION 7. Section 40.1-22-39 of the General Laws in Chapter 40.1-22 entitled |
|
5 |
"Developmental Disabilities" is hereby amended to read as follows: |
|
6 |
40.1-22-39. Monthly reports to the general assembly. |
|
7 |
On or before the fifteenth (15th) day of each month, the department shall provide a monthly |
|
8 |
report of monthly caseload and expenditure data, pertaining to eligible, developmentally disabled |
|
9 |
adults, to the chairperson of the house finance committee; the chairperson of the senate finance |
|
10 |
committee; the house fiscal advisor; the senate fiscal advisor; and the state budget officer. The |
|
11 |
monthly report shall be in such form, and in such number of copies, and with such explanation as |
|
12 |
the house and senate fiscal advisors may require. It shall include, but is not limited to, the number |
|
13 |
of cases and expenditures from the beginning of the fiscal year at the beginning of the prior month; |
|
14 |
cases added and denied during the prior month; expenditures made; and the number of cases and |
|
15 |
expenditures at the end of the month. The information concerning cases added and denied shall |
|
16 |
include summary information and profiles of the service-demand request for eligible adults meeting |
|
17 |
the state statutory definition for services from the division of developmental disabilities as |
|
18 |
determined by the division, including age, Medicaid eligibility and agency selection placement with |
|
19 |
a list of the services provided, and the reasons for the determinations of ineligibility for those cases |
|
20 |
denied. |
|
21 |
The department shall also provide, monthly, the number of individuals in a shared-living |
|
22 |
arrangement and how many may have returned to a 24-hour residential placement in that month. |
|
23 |
The department shall also report, monthly, any and all information for the consent decree that has |
|
24 |
been submitted to the federal court as well as the number of unduplicated individuals employed; |
|
25 |
the place of employment; and the number of hours working. |
|
26 |
The department shall also provide the amount of funding allocated to individuals above the |
|
27 |
assigned resource levels; the number of individuals and the assigned resource level; and the reasons |
|
28 |
for the approved additional resources. The department will also collect and forward to house fiscal |
|
29 |
advisor, senate fiscal advisor and state budget officer, by November 1 of each year, the annual cost |
|
30 |
reports for each community based provider for the prior fiscal year. |
|
31 |
The department shall also provide the amount of patient liability to be collected and the |
|
32 |
amount collected as well as the number of individuals who have a financial obligation. |
|
33 |
The department will also provide a list of community based providers awarded an advanced |
|
34 |
payment for residential and community based day programs, the address for each property and the |
|
|
|
|
1 |
value of the advancement. If the property is sold, the department must report the final sale, |
|
2 |
including the purchaser, the value of the sale and the name of the agency that operated the facility. |
|
3 |
If residential property, the department must provide the number of individuals residing in the home |
|
4 |
at the time of sale and identify the type of residential placement that the individual(s) will be |
|
5 |
moving to. The department must report if the property will continue to be licensed as a residential |
|
6 |
facility. The department will also report any newly licensed twenty-four (24) hour group home, the |
|
7 |
provider operating the facility and the number of individuals residing in the facility. |
|
8 |
Prior to December 1, 2017, the department will provide the authorizations for community |
|
9 |
based and day program, including the unique number of individuals eligible to receive the services |
|
10 |
and at the end of each month the unique number of individuals who participated in the programs |
|
11 |
and claims processed. |
|
12 |
SECTION 8. Section 42-7.2-2 of the General Laws in Chapter 42-7.2 entitled "Executive |
|
13 |
Office of Health and Human Services" is hereby amended to read as follows: |
|
14 |
42-7.2-2. Executive office of health and human services. |
|
15 |
There is hereby established within the executive branch of state government an executive |
|
16 |
office of health and human services to serve as the principal agency of the executive branch of state |
|
17 |
government for managing the departments of children, youth and families, health, human services, |
|
18 |
and behavioral healthcare, developmental disabilities and hospitals. In this capacity, the office |
|
19 |
shall: |
|
20 |
(a) Lead the state's four (4) health and human services departments in order to: |
|
21 |
(1) Improve the economy, efficiency, coordination, and quality of health and human |
|
22 |
services policy and planning, budgeting, and financing. |
|
23 |
(2) Design strategies and implement best practices that foster service access, consumer |
|
24 |
safety, and positive outcomes. |
|
25 |
(3) Maximize and leverage funds from all available public and private sources, including |
|
26 |
federal financial participation, grants, and awards. |
|
27 |
(4) Increase public confidence by conducting independent reviews of health and human |
|
28 |
services issues in order to promote accountability and coordination across departments. |
|
29 |
(5) Ensure that state health and human services policies and programs are responsive to |
|
30 |
changing consumer needs and to the network of community providers that deliver assistive services |
|
31 |
and supports on their behalf. |
|
32 |
(6) Administer Rhode Island Medicaid in the capacity of the single state agency authorized |
|
33 |
under title XIX of the U.S. Social Security act, 42 U.S.C. § 1396a et seq., and exercise such single |
|
34 |
state agency authority for such other federal and state programs as may be designated by the |
|
|
|
|
1 |
governor. Except as provided for herein, nothing in this chapter shall be construed as transferring |
|
2 |
to the secretary the powers, duties, or functions conferred upon the departments by Rhode Island |
|
3 |
general laws for the management and operations of programs or services approved for federal |
|
4 |
financial participation under the authority of the Medicaid state agency. |
|
5 |
(7) |
|
6 |
|
|
7 |
|
|
8 |
|
|
9 |
|
|
10 |
|
|
11 |
|
|
12 |
SECTION 9. Section 42-12-29 of the General Laws in Chapter 42-12 entitled "Department |
|
13 |
of Human Services" is hereby amended to read as follows: |
|
14 |
42-12-29. Children's health account. |
|
15 |
(a) There is created within the general fund a restricted receipt account to be known as the |
|
16 |
"children's health account." All money in the
account shall be utilized by the |
|
17 |
|
|
18 |
for the following service categories: (1) home health services, which include pediatric private duty |
|
19 |
nursing and certified nursing assistant services; (2) Cedar comprehensive, evaluation, diagnosis, |
|
20 |
assessment, referral and evaluation |
|
21 |
family center services, home based therapeutic services, personal assistance services and supports |
|
22 |
(PASS) and kids connect services and (3) child and adolescent treatment services (CAITS). All |
|
23 |
money received pursuant to this section shall be deposited in the children's health account. The |
|
24 |
general treasurer is authorized and directed to draw his or her orders on the account upon receipt |
|
25 |
of properly authenticated vouchers from the |
|
26 |
(b) Beginning |
|
27 |
42-7.4-3, up to the actual amount expended or projected to be expended by the state for the services |
|
28 |
described in 42-12-29(a), less any amount collected in excess of the prior year's funding |
|
29 |
requirement as indicated in 42-12-29(c), but in no event more than the limit set forth in 42-12-29(d) |
|
30 |
(the "child health services funding requirement"), shall be deposited in the "children's health |
|
31 |
account." |
|
32 |
no other. |
|
33 |
(c) The |
|
34 |
an annual report on the program and costs related to the program, on or before February 1 of each |
|
|
|
|
1 |
year. The |
|
2 |
contribution pursuant to 42-7.4-3, upon its request, detailed information regarding the children's |
|
3 |
health programs described in subsection (a) and the costs related to those programs. Any funds |
|
4 |
collected in excess of funds needed to carry out the programs shall be deducted from the subsequent |
|
5 |
year's funding requirements. |
|
6 |
(d) The total amount required to be deposited into the children's health account shall be |
|
7 |
equivalent to the amount paid by the |
|
8 |
as listed in subsection (a), but not to exceed |
|
9 |
thousand five hundred dollars ($12,500) per child per service per year. |
|
10 |
(e) The children's health account shall be exempt from the indirect cost recovery provisions |
|
11 |
of 35-4-27 of the general laws. |
|
12 |
SECTION 10. Section 15 of Article 5 of Chapter 141 of the Public Laws of 2015 is hereby |
|
13 |
amended to read as follows: |
|
14 |
A pool is hereby established of up to $4.0 million to support Medicaid Graduate Education |
|
15 |
funding for Academic Medical Centers with level I Trauma Centers who provide care to the state's |
|
16 |
critically ill and indigent populations. The office of Health and Human Services shall utilize this |
|
17 |
pool to provide up to $5 million per year in additional Medicaid payments to support Graduate |
|
18 |
Medical Education programs to hospitals meeting all of the following criteria: |
|
19 |
(a) Hospital must have a minimum of 25,000 inpatient discharges per year for all patients |
|
20 |
regardless of coverage. |
|
21 |
(b) Hospital must be designated as Level I Trauma Center. |
|
22 |
(c) Hospital must provide graduate medical education training for at least 250 interns and |
|
23 |
residents per year. |
|
24 |
The Secretary of the Executive Office of Health and Human Services shall determine the |
|
25 |
appropriate Medicaid payment mechanism to implement this program and amend any state plan |
|
26 |
documents required to implement the payments. |
|
27 |
Payments for Graduate Medical Education programs shall be made annually. |
|
28 |
SECTION 11. RELATING TO MEDICAID REFORM ACT OF 2008 RESOLUTION |
|
29 |
Section 1. Rhode Island Medicaid Reform Act of 2008 Resolution. |
|
30 |
WHEREAS, the General Assembly enacted Chapter 12.4 of Title 42 entitled "The Rhode |
|
31 |
Island Medicaid Reform Act of 2008"; and |
|
32 |
WHEREAS, a legislative enactment is required pursuant to Rhode Island General Laws |
|
33 |
42-12.4-1, et seq.; and |
|
34 |
WHEREAS, Rhode Island General Law 42-7.2-5(3)(a) provides that the Secretary of the |
|
|
|
|
1 |
Executive Office of Health and Human Services ("Executive Office") is responsible for the review |
|
2 |
and coordination of any Medicaid section 1115 demonstration waiver requests and renewals as well |
|
3 |
as any initiatives and proposals requiring amendments to the Medicaid state plan or category II or |
|
4 |
III changes as described in the demonstration, "with potential to affect the scope, amount, or |
|
5 |
duration of publicly-funded health care services, provider payments or reimbursements, or access |
|
6 |
to or the availability of benefits and services provided by Rhode Island general and public laws"; |
|
7 |
and |
|
8 |
WHEREAS, in pursuit of a more cost-effective consumer choice system of care that is |
|
9 |
fiscally sound and sustainable, the Secretary requests legislative approval of the following |
|
10 |
proposals to amend the demonstration: |
|
11 |
(a) Provider Rates -- Adjustments. The Executive Office proposes to: |
|
12 |
(i) |
|
13 |
|
|
14 |
|
|
15 |
(ii) |
|
16 |
annual increase in rates that would otherwise take-effect on October 1, 2017; |
|
17 |
(iii) |
|
18 |
|
|
19 |
(iv) Reduce rates for Medicaid managed care plan administration. |
|
20 |
Implementation of adjustments may require amendments to the Rhode Island's Medicaid |
|
21 |
State Plan and/or Section 1115 waiver under the terms and conditions of the demonstration. Further, |
|
22 |
adoption of new or amended rules, regulations and procedures may also be required. |
|
23 |
(b) Beneficiary Liability Collection Enhancements – Federal laws and regulations require |
|
24 |
beneficiaries who are receiving Medicaid-funded long-term services and supports (LTSS) to pay a |
|
25 |
portion of their income toward |
|
26 |
agency's capacity to collect these payments in a timely and equitable manner. The Executive Office |
|
27 |
may require federal State Plan and/or waiver authority to implement these enhancements. Amended |
|
28 |
rules, regulations and procedures may also be required. |
|
29 |
(c) Community Health Centers – Alternative payment methodology. To pursue more |
|
30 |
transparent, better coordinated, and cost-effective care delivery, the Executive Office proposes to |
|
31 |
revise the Rhode Island's Principles of Reimbursement for Federally Qualified Health Centers, as |
|
32 |
amended July 2012, to include in its monthly capitation payments to the health plans the total cost |
|
33 |
of providing care to the Medicaid plan members the Community Health Centers serve. Pursuing |
|
34 |
such revisions may also require amendments to the Medicaid state plan and/or other federal |
|
|
|
|
1 |
authorities. |
|
2 |
(d) Healthy Aging Initiative and LTSS System Reform. The Executive Office proposes to |
|
3 |
further the goals of the Healthy Aging Initiative and LTSS system rebalancing by pursuing: |
|
4 |
|
|
5 |
|
|
6 |
|
|
7 |
|
|
8 |
|
|
9 |
purpose of reforming existing processes to streamline eligibility determination procedures, promote |
|
10 |
options counseling and person-centered planning, and to further the goals of rebalancing the LTSS |
|
11 |
system while preserving service quality, choice and cost-effectiveness. |
|
12 |
Implementation of these changes may require Section 1115 waiver authority under the |
|
13 |
terms and conditions of the demonstration. New and/or amended rules, regulations and procedures |
|
14 |
may also be necessary to implement this proposal. Accordingly, the Executive Office may require |
|
15 |
State Plan or the Section 1115 waiver to foster greater access to home and community-based |
|
16 |
services. Implementation of such changes may also require the adoption of rules, regulations and/or |
|
17 |
procedures. |
|
18 |
(e) |
|
19 |
|
|
20 |
|
|
21 |
|
|
22 |
(f) Federal Financing Opportunities. The Executive Office proposes to review Medicaid |
|
23 |
requirements and opportunities under the U.S. Patient Protection and Affordable Care Act of 2010 |
|
24 |
(PPACA) and various other recently enacted federal laws and pursue any changes in the Rhode |
|
25 |
Island Medicaid program that promote service quality, access and cost-effectiveness that may |
|
26 |
warrant a Medicaid State Plan amendment or amendment under the terms and conditions of Rhode |
|
27 |
Island's Section 1115 Waiver, its successor, or any extension thereof. Any such actions by the |
|
28 |
Executive Office shall not have an adverse impact on beneficiaries or cause there to be an increase |
|
29 |
in expenditures beyond the amount appropriated for state fiscal year 2018. Now, therefore, be it: |
|
30 |
RESOLVED, the General Assembly hereby approves proposals and be it further; |
|
31 |
RESOLVED, the Secretary of the Executive Office is authorized to pursue and implement |
|
32 |
any waiver amendments, State Plan amendments, and/or changes to the applicable department's |
|
33 |
rules, regulations and procedures approved herein and as authorized by 42-12.4-7; and be it further |
|
34 |
RESOLVED, that this Joint Resolution shall take effect upon passage. |
|
|
|
|
1 |
SECTION 12. Section 1 of this Article shall take effect on October 1, 2017. The remainder |
|
2 |
of this Article shall take effect upon passage. |
|
|
|
======= |
||
art.010/9/010/8/010/7/010/6/010/5/010/4/010/3/010/2 |
||
======= |
||
1 |
ARTICLE 10 |
|
2 |
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2017 |
|
3 |
SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained in |
|
4 |
this act, the following general revenue amounts are hereby appropriated out of any money in the |
|
5 |
treasury not otherwise appropriated to be expended during the fiscal year ending June 30, 2017. |
|
6 |
The amounts identified for federal funds and restricted receipts shall be made available pursuant to |
|
7 |
section 35-4-22 and Chapter 41 of Title 42 of the Rhode Island General Laws. For the purposes |
|
8 |
and functions hereinafter mentioned, the state controller is hereby authorized and directed to draw |
|
9 |
his or her orders upon the general treasurer for the payment of such sums or such portions thereof |
|
10 |
as may be required from time to time upon receipt by him or her of properly authenticated vouchers. |
|
11 |
FY 2017 FY 2017 FY 2017 |
|
12 |
Enacted Change Final |
|
13 |
Administration |
|
14 |
Central Management |
|
15 |
General Revenues 2,660,785 60,974 2,721,759 |
|
16 |
Legal Services |
|
17 |
General Revenues 2,185,988 (109,253) 2,076,735 |
|
18 |
Accounts and Control |
|
19 |
General Revenues 4,147,433 (143,027) 4,004,406 |
|
20 |
Office of Management and Budget |
|
21 |
General Revenues 8,535,107 (1,580,272) 6,954,835 |
|
22 |
Restricted Receipts 355,000 109,647 464,647 |
|
23 |
Other Funds 1,381,095 123,696 1,504,791 |
|
24 |
Total – Office of Management and Budget 10,271,202 (1,346,929) 8,924,273 |
|
25 |
Purchasing |
|
26 |
General Revenues 2,860,722 (21,863) 2,838,859 |
|
27 |
Other Funds 232,640 46,420 279,060 |
|
28 |
Total – Purchasing 3,093,362 24,557 3,117,919 |
|
29 |
Human Resources |
|
30 |
General Revenues 7,783,906 (124,660) 7,659,246 |
|
|
|
|
1 |
Federal Funds 784,618 260,226 1,044,844 |
|
2 |
Restricted Receipts 487,070 137,176 624,246 |
|
3 |
Other Funds 1,486,706 96,829 1,583,535 |
|
4 |
Total - Human Resources 10,542,300 369,571 10,911,871 |
|
5 |
Personnel Appeal Board |
|
6 |
General Revenues 133,419 11,833 145,252 |
|
7 |
Information Technology |
|
8 |
General Revenues 21,840,562 (73,641) 21,766,921 |
|
9 |
Federal Funds 6,778,053 69,098 6,847,151 |
|
10 |
Restricted Receipts 9,903,237 6,304,893 16,208,130 |
|
11 |
Other Funds 2,771,449 (50,812) 2,720,637 |
|
12 |
Total – Information Technology 41,293,301 6,249,538 47,542,839 |
|
13 |
Library and Information Services |
|
14 |
General Revenues 1,342,819 (1,190) 1,341,629 |
|
15 |
Federal Funds 1,200,253 15,500 1,215,753 |
|
16 |
Restricted Receipts 28 5,472 5,500 |
|
17 |
Total - Library and Information Services 2,543,100 19,782 2,562,882 |
|
18 |
Planning |
|
19 |
General Revenues 1,341,758 (367,387) 974,371 |
|
20 |
Federal Funds 1,014,317 (990,006) 24,311 |
|
21 |
Other Funds |
|
22 |
Air Quality Modeling 24,000 0 24,000 |
|
23 |
Federal Highway – PL Systems Planning 2,974,750 52,460 3,027,210 |
|
24 |
FTA – Metro Planning Grant 0 998,791 998,791 |
|
25 |
Total - Planning 5,354,825 (306,142) 5,048,683 |
|
26 |
General |
|
27 |
General Revenues 50,000 0 50,000 |
|
28 |
Provided that this amount be allocated to City Year for the Whole School Whole Child |
|
29 |
Program, which provides individualized support to at-risk students. |
|
30 |
Torts - Courts/Awards 400,000 0 400,000 |
|
31 |
State Employees/Teachers Retiree Health Subsidy 2,321,057 0 2,321,057 |
|
32 |
Resource Sharing and State Library Aid 9,362,072 0 9,362,072 |
|
33 |
Library Construction Aid 2,223,220 (2,274) 2,220,946 |
|
34 |
RIPTA 900,000 0 900,000 |
|
|
|
|
1 |
Restricted Receipts 421,500 278,500 700,000 |
|
2 |
Other Funds |
|
3 |
Rhode Island Capital Plan Funds |
|
4 |
Statehouse Renovations 700,000 300,000 1,000,000 |
|
5 |
DoIT Enterprise Operations Center 500,000 (340,000) 160,000 |
|
6 |
Cranston Street Armory 1,500,000 0 1,500,000 |
|
7 |
Cannon Building 400,000 0 400,000 |
|
8 |
Pastore Center Rehab DOA Portion 6,783,000 117,000 6,900,000 |
|
9 |
Zambarano Building Rehabilitation 3,785,000 (1,610,000) 2,175,000 |
|
10 |
Pastore Strategic Plan 1,325,500 200,000 1,525,500 |
|
11 |
Old State House 500,000 (450,000) 50,000 |
|
12 |
State Office Building 1,670,000 35,000 1,705,000 |
|
13 |
Old Colony House 100,000 180,000 280,000 |
|
14 |
William Powers Building 1,000,000 (200,000) 800,000 |
|
15 |
Pastore Center Utility Systems Upgrade 2,878,000 (742,378) 2,135,622 |
|
16 |
Replacement of Fueling Tanks 400,000 (204,390) 195,610 |
|
17 |
Environmental Compliance 200,000 (100,000) 100,000 |
|
18 |
Big River Management Area 100,000 (68,280) 31,720 |
|
19 |
Washington County Government Center 500,000 (400,000) 100,000 |
|
20 |
Veterans Memorial Auditorium 245,000 210,147 455,147 |
|
21 |
Chapin Health Laboratory 2,362,000 (2,262,000) 100,000 |
|
22 |
Pastore Center Parking 900,000 (785,000) 115,000 |
|
23 |
Pastore Center Water Tanks and Pipes 380,000 160,000 540,000 |
|
24 |
RI Convention Center Authority 1,000,000 50,245 1,050,245 |
|
25 |
Dunkin Donuts Center 2,787,500 135,759 2,923,259 |
|
26 |
Pastore Power Plant Rehabilitation 640,000 (640,000) 0 |
|
27 |
Virks Building Renovations 14,505,000 627,512 15,132,512 |
|
28 |
Accessibility – Facility Renovations 1,000,000 0 1,000,000 |
|
29 |
Harrington Hall Renovations 0 194,222 194,222 |
|
30 |
Mathias Building 0 530,000 530,000 |
|
31 |
McCoy Stadium Repairs 0 115,000 115,000 |
|
32 |
Veterans Land Purchase 0 45,000 45,000 |
|
33 |
Total – General 61,838,849 (4,625,937) 57,212,912 |
|
34 |
Debt Service Payments |
|
|
|
|
1 |
General Revenues 130,523,966 (10,980,594) 119,543,372 |
|
2 |
Out of the general revenue appropriations for debt service, the General Treasurer is |
|
3 |
authorized to make payments for the I-195 Redevelopment District Commission loan up to the |
|
4 |
maximum debt service due in accordance with the loan agreement. |
|
5 |
Federal Funds 2,235,315 (699) 2,234,616 |
|
6 |
Restricted Receipts 111,453 451 111,904 |
|
7 |
Other Funds |
|
8 |
COPS - DLT Building – TDI 127,677 (57) 127,620 |
|
9 |
COPS – DLT Building – Other 0 1,453 1,453 |
|
10 |
Transportation Debt Service 45,942,881 0 45,942,881 |
|
11 |
Investment Receipts – Bond Funds 100,000 0 100,000 |
|
12 |
Total - Debt Service Payments 179,041,292 (10,979,446) 168,061,846 |
|
13 |
Energy Resources |
|
14 |
Federal Funds 397,040 282,095 679,135 |
|
15 |
Restricted Receipts 12,520,976 3,509,337 16,030,313 |
|
16 |
Total – Energy Resources 12,918,016 3,791,432 16,709,448 |
|
17 |
Rhode Island Health Benefits Exchange |
|
18 |
General Revenues 2,625,841 0 2,625,841 |
|
19 |
Federal Funds 1,177,039 6,763,779 7,940,818 |
|
20 |
Restricted Receipts 8,580,747 (2,567,501) 6,013,246 |
|
21 |
Total - Rhode Island Health Benefits Exchange 12,383,627 4,196,278 16,579,905 |
|
22 |
Construction Permitting, Approvals and Licensing |
|
23 |
General Revenues 1,823,455 (144,718) 1,678,737 |
|
24 |
Restricted Receipts 1,440,520 (61,484) 1,379,036 |
|
25 |
Total – Construction Permitting, Approvals and |
|
26 |
Licensing 3,263,975 (206,202) 3,057,773 |
|
27 |
Office of Diversity, Equity, and Opportunity |
|
28 |
General Revenues 1,294,640 (270,043) 1,024,597 |
|
29 |
Other Funds 92,993 (42,869) 50,124 |
|
30 |
Total – Office of Diversity, Equity & Opportunity 1,387,633 (312,912) 1,074,721 |
|
31 |
Capital Asset Management and Maintenance |
|
32 |
General Revenues 34,693,189 (1,139,891) 33,553,298 |
|
33 |
Federal Funds 1,310,071 258,673 1,568,744 |
|
34 |
Restricted Receipts 443,424 204,910 648,334 |
|
|
|
|
1 |
Other Funds 4,412,913 (627,735) 3,785,178 |
|
2 |
Total – Capital Asset Management & |
|
3 |
Maintenance 40,859,597 (1,304,043) 39,555,554 |
|
4 |
Personnel and Operational Reforms |
|
5 |
General Revenues (1,966,421) 1,000,000 (966,421) |
|
6 |
Grand Total – Administration 391,952,283 (3,609,926) 388,342,357 |
|
7 |
Business Regulation |
|
8 |
Central Management |
|
9 |
General Revenues 1,325,909 (90,338) 1,235,571 |
|
10 |
Banking Regulation |
|
11 |
General Revenues 1,818,673 (256,869) 1,561,804 |
|
12 |
Restricted Receipts 50,000 25,000 75,000 |
|
13 |
Total–Banking Regulation 1,868,673 (231,869) 1,636,804 |
|
14 |
Securities Regulation |
|
15 |
General Revenues 1,079,028 (169,132) 909,896 |
|
16 |
Restricted Receipts 15,000 0 15,000 |
|
17 |
Total - Securities Regulation 1,094,028 (169,132) 924,896 |
|
18 |
Insurance Regulation |
|
19 |
General Revenues 3,993,494 (361,461) 3,632,033 |
|
20 |
Restricted Receipts 1,792,566 7,371 1,799,937 |
|
21 |
Total - Insurance Regulation 5,786,060 (354,090) 5,431,970 |
|
22 |
Office of the Health Insurance Commissioner |
|
23 |
General Revenues 1,449,061 (1,485) 1,447,576 |
|
24 |
Federal Funds 1,100,710 910,686 2,011,396 |
|
25 |
Restricted Receipts 11,500 0 11,500 |
|
26 |
Total – Office of the Health Insurance |
|
27 |
Commissioner 2,561,271 909,201 3,470,472 |
|
28 |
Board of Accountancy |
|
29 |
General Revenues 6,000 0 6,000 |
|
30 |
Commercial Licensing, Racing & Athletics |
|
31 |
General Revenues 638,207 233,895 872,102 |
|
32 |
Restricted Receipts 2,306,661 (410,378) 1,896,283 |
|
33 |
Total - Commercial Licensing, Racing & Athletics 2,944,868 (176,483) 2,768,385 |
|
34 |
Boards for Design Professionals |
|
|
|
|
1 |
General Revenues 273,080 83,166 356,246 |
|
2 |
Grand Total - Business Regulation 15,859,889 (29,545) 15,830,344 |
|
3 |
Executive Office of Commerce |
|
4 |
Central Management |
|
5 |
General Revenues 1,200,198 (244,599) 955,599 |
|
6 |
Housing and Community Development |
|
7 |
General Revenues 617,205 (3,372) 613,833 |
|
8 |
Federal Funds 17,790,927 476,004 18,266,931 |
|
9 |
Restricted Receipts 4,750,000 0 4,750,000 |
|
10 |
Total – Housing and Community Development 23,158,132 472,632 23,630,764 |
|
11 |
Quasi-Public Appropriations |
|
12 |
General Revenues |
|
13 |
Rhode Island Commerce Corporation 7,394,514 40,000 7,434,514 |
|
14 |
Airport Impact Aid 1,025,000 0 1,025,000 |
|
15 |
Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be |
|
16 |
distributed to each airport serving more than 1,000,000 passengers based upon its percentage of the |
|
17 |
total passengers served by all airports serving more than 1,000,000 passengers. Forty percent (40%) |
|
18 |
of the first $1,000,000 shall be distributed based on the share of landings during the calendar year |
|
19 |
2016 at North Central Airport, Newport-Middletown Airport, Block Island Airport, Quonset |
|
20 |
Airport, T.F. Green Airport and Westerly Airport, respectively. The Rhode Island Commerce |
|
21 |
Corporation shall make an impact payment to the towns or cities in which the airport is located |
|
22 |
based on this calculation. Each community upon which any parts of the above airports are located |
|
23 |
shall receive at least $25,000. |
|
24 |
STAC Research Alliance 1,150,000 0 1,150,000 |
|
25 |
Innovative Matching Grants/Internships 1,000,000 0 1,000,000 |
|
26 |
1-195 Redevelopment District Commission 761,000 69,116 830,116 |
|
27 |
Chafee Center at Bryant 376,200 0 376,200 |
|
28 |
RI College and University Research Collaborative 150,000 0 150,000 |
|
29 |
Other Funds |
|
30 |
Rhode Island Capital Plan Funds |
|
31 |
I-195 Redevelopment District Commission 300,000 85,000 385,000 |
|
32 |
Quonset Piers 1,000,000 (600,000) 400,000 |
|
33 |
Total - Quasi-Public Appropriations 13,156,714 (405,884) 12,750,830 |
|
34 |
Economic Development Initiatives Fund |
|
|
|
|
1 |
General Revenues |
|
2 |
Cluster Grants 500,000 0 500,000 |
|
3 |
Main Street RI Streetscape Improvements 1,000,000 0 1,000,000 |
|
4 |
Rebuild RI Tax Credit Fund 25,000,000 0 25,000,000 |
|
5 |
First Wave Closing Fund 7,000,000 1,500,000 8,500,000 |
|
6 |
P-Tech 1,200,000 0 1,200,000 |
|
7 |
Innovation Vouchers 1,500,000 0 1,500,000 |
|
8 |
Anchor Institution Tax Credits 700,000 (700,000) 0 |
|
9 |
Total - Economic Development Initiatives |
|
10 |
Fund 36,900,000 800,000 37,700,000 |
|
11 |
Commerce Programs |
|
12 |
General Revenues 5,000,000 (1,500,000) 3,500,000 |
|
13 |
Grand Total - Executive Office of Commerce 79,415,044 (877,851) 78,537,193 |
|
14 |
Labor and Training |
|
15 |
Central Management |
|
16 |
General Revenues 120,134 13,993 134,127 |
|
17 |
Restricted Receipts 529,314 323,907 853,221 |
|
18 |
Other Funds |
|
19 |
Rhode Island Capital Plan Funds |
|
20 |
Center General Building Roof 0 156,620 156,620 |
|
21 |
Center General Asset Protection 1,905,000 (1,695,000) 210,000 |
|
22 |
Total - Central Management 2,554,448 (1,200,480) 1,353,968 |
|
23 |
Workforce Development Services |
|
24 |
General Revenues 704,517 0 704,517 |
|
25 |
Federal Funds 24,121,921 9,498,556 33,620,477 |
|
26 |
Restricted Receipts 12,028,451 5,611,549 17,640,000 |
|
27 |
Other Funds 9,711 4,217,500 4,227,211 |
|
28 |
Total - Workforce Development Services 36,864,600 19,327,605 56,192,205 |
|
29 |
Workforce Regulation and Safety |
|
30 |
General Revenues 2,825,411 (1,006,704) 1,818,707 |
|
31 |
Income Support |
|
32 |
General Revenues 4,160,083 (168,070) 3,992,013 |
|
33 |
Federal Funds 14,329,659 743,149 15,072,808 |
|
34 |
Restricted Receipts 2,475,000 491,542 2,966,542 |
|
|
|
|
1 |
Other Funds |
|
2 |
Temporary Disability Insurance Fund 186,953,678 5,794,454 192,748,132 |
|
3 |
Employment Security Fund 160,400,000 (1,480,000) 158,920,000 |
|
4 |
Other Funds 0 100,450 100,450 |
|
5 |
Total - Income Support 368,318,420 5,481,525 373,799,945 |
|
6 |
Injured Workers Services |
|
7 |
Restricted Receipts 8,552,358 28,039 8,580,397 |
|
8 |
Labor Relations Board |
|
9 |
General Revenues 402,491 2,058 404,549 |
|
10 |
Grand Total - Labor and Training 419,517,728 22,632,043 442,149,771 |
|
11 |
Department of Revenue |
|
12 |
Director of Revenue |
|
13 |
General Revenues 1,147,047 75,801 1,222,848 |
|
14 |
Office of Revenue Analysis |
|
15 |
General Revenues 806,836 908 807,744 |
|
16 |
Lottery Division |
|
17 |
Lottery Funds 362,367,224 7,723,824 370,091,048 |
|
18 |
Rhode Island Capital Plan Funds |
|
19 |
Lottery Building Renovations 0 119,112 119,112 |
|
20 |
Total – Lottery Division 362,367,224 7,842,936 370,210,160 |
|
21 |
Municipal Finance |
|
22 |
General Revenues 3,053,887 (11,588) 3,042,299 |
|
23 |
Provided that $600,000 of the total is to support the operations of the City of Central Falls. |
|
24 |
Taxation |
|
25 |
General Revenues 20,294,329 80,003 20,374,332 |
|
26 |
Federal Funds 1,343,291 1,201,384 2,544,675 |
|
27 |
Restricted Receipts 930,267 86,330 1,016,597 |
|
28 |
Other Funds |
|
29 |
Motor Fuel Tax Evasion 176,148 0 176,148 |
|
30 |
Temporary Disability Insurance 987,863 91,707 1,079,570 |
|
31 |
Total – Taxation 23,731,898 1,459,424 25,191,322 |
|
32 |
Registry of Motor Vehicles |
|
33 |
General Revenues 20,518,390 (198,802) 20,319,588 |
|
34 |
License Plate Issuance 3,150,000 (3,150,000) 0 |
|
|
|
|
1 |
|
|
2 |
|
|
3 |
Federal Funds 802,076 1,028,462 1,830,538 |
|
4 |
Restricted Receipts 4,094,763 (1,000,000) 3,094,763 |
|
5 |
Total - Registry of Motor Vehicles 28,565,229 (3,320,340) 25,244,889 |
|
6 |
State Aid |
|
7 |
General Revenues |
|
8 |
Distressed Communities Relief Fund 12,384,458 0 12,384,458 |
|
9 |
Payment in Lieu of Tax Exempt Properties 41,979,103 0 41,979,103 |
|
10 |
Motor Vehicle Excise Tax Payments 10,000,000 0 10,000,000 |
|
11 |
Property Revaluation Program 559,901 0 559,901 |
|
12 |
Municipal Aid 0 137,340 137,340 |
|
13 |
Restricted Receipts 922,013 0 922,013 |
|
14 |
Total – State Aid 65,845,475 137,340 65,982,815 |
|
15 |
Grand Total – Revenue 485,517,596 6,184,481 491,702,077 |
|
16 |
Legislature |
|
17 |
General Revenues 41,052,730 4,883,560 45,936,290 |
|
18 |
Restricted Receipts 1,696,572 (85,048) 1,611,524 |
|
19 |
Grand Total – Legislature 42,749,302 4,798,512 47,547,814 |
|
20 |
Lieutenant Governor |
|
21 |
General Revenues 1,079,576 (26,288) 1,053,288 |
|
22 |
Secretary of State |
|
23 |
Administration |
|
24 |
General Revenues 3,539,219 (236,881) 3,302,338 |
|
25 |
Corporations |
|
26 |
General Revenues 2,192,627 (73,851) 2,118,776 |
|
27 |
State Archives |
|
28 |
General Revenues 133,721 (46,571) 87,150 |
|
29 |
Restricted Receipts 516,519 (101,246) 415,273 |
|
30 |
Other Funds |
|
31 |
Rhode Island Capital Plan Funds |
|
32 |
State Archives 100,000 50,000 150,000 |
|
33 |
Total - State Archives 750,240 (97,817) 652,423 |
|
34 |
Elections & Civics |
|
|
|
|
1 |
General Revenues 3,377,103 (119,347) 3,257,756 |
|
2 |
Federal Funds 0 22,859 22,859 |
|
3 |
Total – Elections & Civics 3,377,103 (96,488) 3,280,615 |
|
4 |
State Library |
|
5 |
General Revenues 554,149 76,002 630,151 |
|
6 |
Provided that $125,000 be allocated to support the Rhode Island Historical Society |
|
7 |
pursuant to Rhode Island General Law, Section 29-2-1 and $18,000 be allocated to support the |
|
8 |
Newport Historical Society, pursuant to Rhode Island General Law, Section 29-2-2. |
|
9 |
Office of Public Information |
|
10 |
General Revenues 484,232 40,471 524,703 |
|
11 |
Restricted Receipts 40,000 (15,000) 25,000 |
|
12 |
Total – Office of Public Information 524,232 25,471 549,703 |
|
13 |
Grand Total – Secretary of State 10,937,570 (403,564) 10,534,006 |
|
14 |
General Treasurer |
|
15 |
Treasury |
|
16 |
General Revenues 2,507,779 (12,304) 2,495,475 |
|
17 |
Federal Funds 328,594 (40,248) 288,346 |
|
18 |
Other Funds |
|
19 |
Temporary Disability Insurance Fund 250,410 (25,872) 224,538 |
|
20 |
Tuition Savings Program - Admin 300,000 124,270 424,270 |
|
21 |
Total – General Treasurer 3,386,783 45,846 3,432,629 |
|
22 |
State Retirement System |
|
23 |
Restricted Receipts |
|
24 |
Admin Expenses - State Retirement |
|
25 |
System 8,228,881 1,646,621 9,875,502 |
|
26 |
Retirement - Treasury Investment Operations 1,544,396 (230,449) 1,313,947 |
|
27 |
Defined Contribution – Administration 68,373 24,105 92,478 |
|
28 |
Total - State Retirement System 9,841,650 1,440,277 11,281,927 |
|
29 |
Unclaimed Property |
|
30 |
Restricted Receipts 22,348,728 4,177,907 26,526,635 |
|
31 |
Crime Victim Compensation Program |
|
32 |
General Revenues 228,452 9,117 237,569 |
|
33 |
Federal Funds 624,287 193,175 817,462 |
|
34 |
Restricted Receipts 1,130,533 2,824 1,133,357 |
|
|
|
|
1 |
Total - Crime Victim Compensation Program 1,983,272 205,116 2,188,388 |
|
2 |
Grand Total – General Treasurer 37,560,433 5,869,146 43,429,579 |
|
3 |
Board of Elections |
|
4 |
General Revenues 1,982,707 85,969 2,068,676 |
|
5 |
Rhode Island Ethics Commission |
|
6 |
General Revenues 1,653,383 (21,773) 1,631,610 |
|
7 |
Office of Governor |
|
8 |
General Revenues 4,841,069 (7,587) 4,833,482 |
|
9 |
Contingency Fund 250,000 (8,000) 242,000 |
|
10 |
Grand Total – Office of Governor 5,091,069 (15,587) 5,075,482 |
|
11 |
Commission for Human Rights |
|
12 |
General Revenues 1,258,128 (10,525) 1,247,603 |
|
13 |
Federal Funds 323,295 75,110 398,405 |
|
14 |
Grand Total - Commission for Human Rights 1,581,423 64,585 1,646,008 |
|
15 |
Public Utilities Commission |
|
16 |
Federal Funds 104,669 23,331 128,000 |
|
17 |
Restricted Receipts 8,822,304 100,487 8,922,791 |
|
18 |
Grand Total - Public Utilities Commission 8,926,973 123,818 9,050,791 |
|
19 |
Office of Health and Human Services |
|
20 |
Central Management |
|
21 |
General Revenues 32,544,387 (3,877,981) 28,666,406 |
|
22 |
Federal Funds |
|
23 |
Federal Funds 109,882,888 37,250 109,920,138 |
|
24 |
Federal Funds – Stimulus 100,085 (100,085) 0 |
|
25 |
Restricted Receipts 3,914,402 2,285,690 6,200,092 |
|
26 |
Total – Central Management 146,441,762 (1,655,126) 144,786,636 |
|
27 |
Medical Assistance |
|
28 |
General Revenues |
|
29 |
Managed Care 294,797,721 11,785,938 306,583,659 |
|
30 |
Hospitals 94,223,146 1,329,512 95,552,658 |
|
31 |
Nursing Facilities 87,653,283 5,939,367 93,592,650 |
|
32 |
Home and Community Based Services 33,104,210 (6,328,360) 26,775,850 |
|
33 |
Other Services 45,710,484 6,659,421 52,369,905 |
|
34 |
Pharmacy 57,379,065 1,261,643 58,640,708 |
|
|
|
|
1 |
Rhody Health 291,574,716 (3,782,600) 287,792,116 |
|
2 |
Federal Funds |
|
3 |
Managed Care 353,210,935 17,955,406 371,166,341 |
|
4 |
Hospitals 107,062,817 (8,066,559) 98,996,258 |
|
5 |
Nursing Facilities 97,557,413 (650,063) 96,907,350 |
|
6 |
Home and Community Based Services 34,286,903 (6,562,753) 27,724,150 |
|
7 |
Other Services 429,645,177 80,069,918 509,715,095 |
|
8 |
Pharmacy (1,111,840) 61,125 (1,050,715) |
|
9 |
Rhody Health 298,041,793 (1,633,909) 296,407,884 |
|
10 |
Other Programs |
|
11 |
Restricted Receipts 9,615,000 0 9,615,000 |
|
12 |
Total - Medical Assistance 2,251,750,823 105,338,086 2,357,088,909 |
|
13 |
Grand Total – Office of Health |
|
14 |
and Human Services 2,398,192,585 103,682,960 2,501,875,545 |
|
15 |
Children, Youth, and Families |
|
16 |
Central Management |
|
17 |
General Revenues 7,074,378 (561,738) 6,512,640 |
|
18 |
Federal Funds 2,808,145 (273,097) 2,535,048 |
|
19 |
Total - Central Management 9,882,523 (834,835) 9,047,688 |
|
20 |
Children's Behavioral Health Services |
|
21 |
General Revenues 5,004,800 192,692 5,197,492 |
|
22 |
Federal Funds 4,828,525 2,091,512 6,920,037 |
|
23 |
Other Funds |
|
24 |
Rhode Island Capital Plan Funds |
|
25 |
NAFI Center 0 40,857 40,857 |
|
26 |
Various Repairs and Improvements to Training |
|
27 |
School 250,000 (207,184) 42,816 |
|
28 |
Total - Children's Behavioral Health Services 10,083,325 2,117,877 12,201,202 |
|
29 |
Juvenile Correctional Services |
|
30 |
General Revenues 24,927,098 (2,357,670) 22,569,428 |
|
31 |
Federal Funds 281,367 (1,977) 279,390 |
|
32 |
Restricted Receipts 0 38,700 38,700 |
|
33 |
Other Funds |
|
34 |
Rhode Island Capital Plan Funds |
|
35 |
Generators-RITS 0 50,000 50,000 |
|
36 |
Total - Juvenile Correctional Services 25,208,465 (2,270,947) 22,937,518 |
|
37 |
Child Welfare |
|
38 |
General Revenues 114,567,488 (10,396,823) 104,170,665 |
|
39 |
18 to 21 Year Olds 0 17,646,106 17,646,106 |
|
40 |
Federal Funds |
|
41 |
Federal Funds 52,104,852 (8,333,392) 43,771,460 |
|
42 |
18 to 21 Year Olds 0 3,295,085 3,295,085 |
|
43 |
Federal Funds – Stimulus 386,594 (386,594) 0 |
|
44 |
Restricted Receipts 3,466,576 (280,503) 3,186,073 |
|
45 |
Other Funds |
|
46 |
Rhode Island Capital Plan Funds |
|
47 |
Youth Group Homes - Fire Code Upgrades 590,000 (590,000) 0 |
|
48 |
Total - Child Welfare 171,115,510 953,879 172,069,389 |
|
49 |
Higher Education Incentive Grants |
|
50 |
General Revenues 200,000 0 200,000 |
|
51 |
Grand Total - Children, Youth, & Families 216,489,823 (34,026) 216,455,797 |
|
52 |
Health |
|
53 |
Central Management |
|
54 |
General Revenues 0 100,000 100,000 |
|
55 |
Federal Funds 808,064 (40,501) 767,563 |
|
56 |
Restricted Receipts 4,043,053 233,523 4,276,576 |
|
57 |
Total - Central Management 4,851,117 293,022 5,144,139 |
|
58 |
Community Health and Equity |
|
59 |
General Revenues 1,530,102 3,315 1,533,417 |
|
60 |
Federal Funds 74,019,207 (1,955,235) 72,063,972 |
|
61 |
Restricted Receipts 30,434,862 4,052,650 34,487,512 |
|
62 |
Total – Community Health and Equity 105,984,171 2,100,730 108,084,901 |
|
63 |
Environmental Health |
|
64 |
General Revenues 5,169,143 (135,761) 5,033,382 |
|
65 |
Federal Funds 6,148,955 1,263,125 7,412,080 |
|
66 |
Restricted Receipts 386,415 (216,308) 170,107 |
|
67 |
Total - Environmental Health 11,704,513 911,056 12,615,569 |
|
|
|
|
1 |
Health Laboratories and Medical Examiner |
|
2 |
General Revenues 10,028,498 (34,550) 9,993,948 |
|
3 |
Federal Funds 2,129,140 18,869 2,148,009 |
|
4 |
Total - Health Laboratories & |
|
5 |
Medical Examiner 12,157,638 (15,681) 12,141,957 |
|
6 |
Customer Services |
|
7 |
General Revenues 6,363,621 (52,808) 6,310,813 |
|
8 |
Federal Funds 3,491,908 772,327 4,264,235 |
|
9 |
Restricted Receipts 1,142,254 125,479 1,267,733 |
|
10 |
Total – Customer Services 10,997,783 844,998 11,842,781 |
|
11 |
Policy, Information and Communications |
|
12 |
General Revenues 937,935 (279,707) 658,228 |
|
13 |
Federal Funds 1,629,319 417,348 2,046,667 |
|
14 |
Restricted Receipts 581,225 61,242 642,467 |
|
15 |
Total – Policy, Information and |
|
16 |
Communications 3,148,479 198,883 3,347,362 |
|
17 |
Preparedness, Response, Infectious Disease & Emergency Services |
|
18 |
General Revenues 1,902,523 (33,076) 1,869,447 |
|
19 |
Federal Funds 12,138,428 2,747,331 14,885,759 |
|
20 |
Total – Preparedness, Response, Infectious |
|
21 |
Disease & Emergency Services 14,040,951 2,714,255 16,755,206 |
|
22 |
Grand Total – Health 162,884,652 7,047,263 169,931,915 |
|
23 |
Human Services |
|
24 |
Central Management |
|
25 |
General Revenues 4,332,023 (1,012,389) 3,319,634 |
|
26 |
Of this amount, $300,000 is to support the Domestic Violence Prevention Fund to provide |
|
27 |
direct services through the Coalition Against Domestic Violence, $250,000 is to support Project |
|
28 |
Reach activities provided by the RI Alliance of Boys and Girls Club, $217,000 is for outreach and |
|
29 |
supportive services through Day One, $175,000 is for food collection and distribution through the |
|
30 |
Rhode Island Community Food Bank, $300,000 for services provided to the homeless at Crossroads |
|
31 |
Rhode Island and $200,000 is to support the Institute for the Study and Practice of Nonviolence’s |
|
32 |
Violence Reduction Strategy. |
|
33 |
Community Action Fund 520,000 0 520,000 |
|
34 |
This amount shall be used to provide services to individuals and families through the nine |
|
|
|
|
1 |
community action agencies. |
|
2 |
Federal Funds 4,155,192 (216,316) 3,938,876 |
|
3 |
Restricted Receipts 520,844 468,207 989,051 |
|
4 |
Total - Central Management 9,528,059 (760,498) 8,767,561 |
|
5 |
Child Support Enforcement |
|
6 |
General Revenues 3,314,623 (845,961) 2,468,662 |
|
7 |
Federal Funds 6,207,167 778,764 6,985,931 |
|
8 |
Total – Child Support Enforcement 9,521,790 (67,197) 9,454,593 |
|
9 |
Individual and Family Support |
|
10 |
General Revenues 18,876,650 3,249,548 22,126,198 |
|
11 |
Federal Funds 83,381,849 19,589,160 102,971,009 |
|
12 |
Federal Funds – Stimulus 1,625,839 2,234,952 3,860,791 |
|
13 |
Restricted Receipts 394,399 131,251 525,650 |
|
14 |
Other Funds |
|
15 |
Intermodal Surface Transportation Fund 4,428,478 0 4,428,478 |
|
16 |
Food Stamp Bonus Funding 500,000 (89,466) 410,534 |
|
17 |
Rhode Island Capital Plan Funds |
|
18 |
Blind Vending Facilities 165,000 0 165,000 |
|
19 |
Total - Individual and Family Support 109,372,215 25,115,445 134,487,660 |
|
20 |
Office of Veterans' Affairs |
|
21 |
General Revenues 20,504,694 (886,579) 19,618,115 |
|
22 |
Support services through Veterans’ |
|
23 |
Organizations 200,000 0 200,000 |
|
24 |
Federal Funds 19,268,534 38,818,310 58,086,844 |
|
25 |
Restricted Receipts 676,499 1,132,526 1,809,025 |
|
26 |
Total – Office of Veterans' Affairs 40,649,727 39,064,257 79,713,984 |
|
27 |
Health Care Eligibility |
|
28 |
General Revenues 8,527,641 (1,832,835) 6,694,806 |
|
29 |
Federal Funds 10,650,014 (982,165) 9,667,849 |
|
30 |
Total - Health Care Eligibility 19,177,655 (2,815,000) 16,362,655 |
|
31 |
Supplemental Security Income Program |
|
32 |
General Revenues 18,496,913 418,750 18,915,663 |
|
33 |
Rhode Island Works |
|
34 |
General Revenues 14,747,241 (4,886,622) 9,860,619 |
|
|
|
|
1 |
Federal Funds 78,203,704 4,344,690 82,548,394 |
|
2 |
Total – Rhode Island Works 92,950,945 (541,932) 92,409,013 |
|
3 |
|
|
4 |
General Revenues 1,582,800 (11,097) 1,571,703 |
|
5 |
Of this appropriation, |
|
6 |
Federal Funds 282,085,000 (24,569) 282,060,431 |
|
7 |
Total - |
|
8 |
Elderly Affairs |
|
9 |
General Revenues 5,477,200 (53,536) 5,423,664 |
|
10 |
Of this amount, $140,000 is to provide elder services, including respite, through the |
|
11 |
Diocese of Providence, $40,000 for ombudsman services provided by the Alliance for Long Term |
|
12 |
Care in accordance with RIGL 42-66.7 and $85,000 for security for housing for the elderly in |
|
13 |
accordance with RIGL 42-66.1-3. |
|
14 |
Senior Center Support 400,000 0 400,000 |
|
15 |
Elderly Nutrition 580,000 0 580,000 |
|
16 |
Of this amount, $530,000 is for Meals on Wheels. |
|
17 |
RIPAE 75,229 (75,229) 0 |
|
18 |
Care and Safety of the Elderly 1,300 0 1,300 |
|
19 |
Federal Funds 12,067,597 646,413 12,714,010 |
|
20 |
Restricted Receipts - RIPAE 120,693 370 121,063 |
|
21 |
Total – Elderly Affairs 18,722,019 518,018 19,240,037 |
|
22 |
Grand Total - Human Services 602,087,123 60,896,177 662,983,300 |
|
23 |
Behavioral Healthcare, Developmental Disabilities, and Hospitals |
|
24 |
Central Management |
|
25 |
General Revenues 1,097,743 545,280 1,643,023 |
|
26 |
Federal Funds 597,685 (597,685) 0 |
|
27 |
Total - Central Management 1,695,428 (52,405) 1,643,023 |
|
28 |
Hospital and Community System Support |
|
29 |
General Revenues 1,474,964 575,071 2,050,035 |
|
30 |
Federal Funds 789,226 (789,226) 0 |
|
31 |
Other Funds |
|
32 |
Rhode Island Capital Plan Funds |
|
33 |
Medical Center Rehabilitation 250,000 2,204 252,204 |
|
34 |
Community Facilities Fire Code 400,000 (357,800) 42,200 |
|
|
|
|
1 |
Total - Hospital & Community System Support 2,914,190 (569,751) 2,344,439 |
|
2 |
Services for the Developmentally Disabled |
|
3 |
General Revenues 119,651,536 2,159,931 121,811,467 |
|
4 |
Of this general revenue funding, $4.5 million shall be expended on private provider direct |
|
5 |
support staff raises and associated payroll costs to include targeted increases associated with |
|
6 |
performance-based contracting and system transformation incentives as authorized by the |
|
7 |
Department of Behavioral Healthcare, Developmental Disabilities and Hospitals. Any increases |
|
8 |
for direct support staff in residential or other community based settings must first receive the |
|
9 |
approval of the Office of Management and Budget and the Executive Office of Health and Human |
|
10 |
Services. Final approval of any funding re-design for services through the Division of |
|
11 |
Developmental Disabilities is also subject to approval of the Executive Office and the Office of |
|
12 |
Management and Budget. |
|
13 |
Federal Funds 124,135,783 1,123,253 125,259,036 |
|
14 |
Restricted Receipts 1,755,100 117,460 1,872,560 |
|
15 |
Other Funds |
|
16 |
Rhode Island Capital Plan Funds |
|
17 |
DD Private Waiver 200,000 9,544 209,544 |
|
18 |
MR Community Facilities/Access to Ind. 500,000 0 500,000 |
|
19 |
Regional Center Repair/Rehab 0 474,363 474,363 |
|
20 |
Total - Services for the Developmentally |
|
21 |
Disabled 246,242,419 3,884,551 250,126,970 |
|
22 |
Behavioral Healthcare Services |
|
23 |
General Revenues 2,015,777 202,627 2,218,404 |
|
24 |
Federal Funds 17,235,690 3,976,945 21,212,635 |
|
25 |
Of this federal funding, $900,000 shall be expended on the Municipal Substance Abuse |
|
26 |
Task Forces and $128,000 shall be expended on NAMI of RI. |
|
27 |
Restricted Receipts 100,000 0 100,000 |
|
28 |
Other Funds |
|
29 |
Rhode Island Capital Plan Funds |
|
30 |
MH Community Facilities Repair 200,000 0 200,000 |
|
31 |
MH Housing Development Thresholds 800,000 0 800,000 |
|
32 |
Substance Abuse Asset Protection 100,000 62,223 162,223 |
|
33 |
Total – Behavioral Healthcare Services 20,451,467 4,241,795 24,693,262 |
|
34 |
Hospital and Community Rehabilitative Services |
|
|
|
|
1 |
General Revenues 48,944,219 1,250,759 50,194,978 |
|
2 |
Federal Funds 50,280,372 2,299,930 52,580,302 |
|
3 |
Restricted Receipts 6,580,724 (44,129) 6,536,595 |
|
4 |
Other Funds |
|
5 |
Rhode Island Capital Plan Funds |
|
6 |
Zambarano Buildings and Utilities 386,000 (186,000) 200,000 |
|
7 |
Hospital Consolidation 1,000,000 (1,000,000) 0 |
|
8 |
Eleanor Slater HVAC/Elevators 5,837,736 (315,706) 5,522,030 |
|
9 |
MR Community Facilities 1,000,000 59,429 1,059,429 |
|
10 |
Hospital Equipment 300,000 (50,000) 250,000 |
|
11 |
Total - Hospital and Community Rehabilitative |
|
12 |
Services 114,329,051 2,014,283 116,343,334 |
|
13 |
Grand Total – Behavioral Healthcare, |
|
14 |
Developmental Disabilities, and |
|
15 |
Hospitals 385,632,555 9,518,473 395,151,028 |
|
16 |
Office of the Child Advocate |
|
17 |
General Revenues 650,582 (105,041) 545,541 |
|
18 |
Federal Funds 145,000 (386) 144,614 |
|
19 |
Grand Total – Office of the Child Advocate 795,582 (105,427) 690,155 |
|
20 |
Commission on the Deaf and Hard of Hearing |
|
21 |
General Revenues 477,746 (42,096) 435,650 |
|
22 |
Restricted Receipts 110,000 20,000 130,000 |
|
23 |
Grand Total – Com on Deaf and Hard |
|
24 |
of Hearing 587,746 (22,096) 565,650 |
|
25 |
Governor's Commission on Disabilities |
|
26 |
General Revenues 412,547 8,049 420,596 |
|
27 |
Federal Funds 228,750 69,314 298,064 |
|
28 |
Restricted Receipts 44,126 15,234 59,360 |
|
29 |
Grand Total - Governor's Commission on |
|
30 |
Disabilities 685,423 92,597 778,020 |
|
31 |
Office of the Mental Health Advocate |
|
32 |
General Revenues 542,009 7,264 549,273 |
|
33 |
Elementary and Secondary Education |
|
34 |
Administration of the Comprehensive Education Strategy |
|
|
|
|
1 |
General Revenues 20,555,594 (349,851) 20,205,743 |
|
2 |
Provided that $90,000 be allocated to support the hospital school at Hasbro Children’s |
|
3 |
Hospital pursuant to Rhode Island General Law, Section 16-7-20 and that $245,000 be allocated to |
|
4 |
support child opportunity zones through agreements with the department of elementary and |
|
5 |
secondary education to strengthen education, health and social services for students and their |
|
6 |
families as a strategy to accelerate student achievement. |
|
7 |
Federal Funds |
|
8 |
Federal Funds 202,791,134 (918,097) 201,873,037 |
|
9 |
Federal Funds – Stimulus 1,804,987 2,188,102 3,993,089 |
|
10 |
Restricted Receipts 1,264,259 165,727 1,429,986 |
|
11 |
HRIC Adult Education Grants 3,500,000 0 3,500,000 |
|
12 |
Other Funds |
|
13 |
Rhode Island Capital Plan Funds |
|
14 |
State-Owned Warwick 350,000 0 350,000 |
|
15 |
State-Owned Woonsocket 1,950,000 0 1,950,000 |
|
16 |
Total – Administration of the Comprehensive |
|
17 |
Education Strategy 232,215,974 1,085,881 233,301,855 |
|
18 |
Davies Career and Technical School |
|
19 |
General Revenues 12,590,093 0 12,590,093 |
|
20 |
Federal Funds 1,379,112 75,891 1,455,003 |
|
21 |
Restricted Receipts 3,936,872 (4,200) 3,932,672 |
|
22 |
Other Funds |
|
23 |
Rhode Island Capital Plan Funds |
|
24 |
Davies HVAC 500,000 (476,192) 23,808 |
|
25 |
Davies Asset Protection 150,000 327,911 477,911 |
|
26 |
Total - Davies Career & Technical School 18,556,077 (76,590) 18,479,487 |
|
27 |
RI School for the Deaf |
|
28 |
General Revenues 6,326,744 (137,533) 6,189,211 |
|
29 |
Federal Funds 254,320 0 254,320 |
|
30 |
Restricted Receipts 785,791 (8,000) 777,791 |
|
31 |
Other Funds |
|
32 |
RI School for the Deaf Transformation Grants 59,000 0 59,000 |
|
33 |
Total - RI School for the Deaf 7,425,855 (145,533) 7,280,322 |
|
34 |
Metropolitan Career and Technical School |
|
|
|
|
1 |
General Revenues 9,342,007 0 9,342,007 |
|
2 |
Other Funds |
|
3 |
Rhode Island Capital Plan Funds |
|
4 |
MET Asset Protection 100,000 100,000 200,000 |
|
5 |
MET School HVAC 1,000,000 (41,004) 958,996 |
|
6 |
Total – Metropolitan Career and |
|
7 |
Technical School 10,442,007 58,996 10,501,003 |
|
8 |
Education Aid |
|
9 |
General Revenues 845,855,695 (256,966) 845,598,729 |
|
10 |
Restricted Receipts 20,700,072 155,254 20,855,326 |
|
11 |
Other Funds |
|
12 |
Permanent School Fund Education Aid 600,000 (100,000) 500,000 |
|
13 |
Total – Education Aid 867,155,767 (201,712) 866,954,055 |
|
14 |
Central Falls School District |
|
15 |
General Revenues 39,100,578 0 39,100,578 |
|
16 |
School Construction Aid |
|
17 |
General Revenues |
|
18 |
School Housing Aid 70,907,110 (2,015,552) 68,891,558 |
|
19 |
School Building Authority Capital Fund 9,092,890 2,015,552 11,108,442 |
|
20 |
Total – School Construction Aid 80,000,000 0 80,000,000 |
|
21 |
Teachers' Retirement |
|
22 |
General Revenues 99,076,582 1,145,659 100,222,241 |
|
23 |
Grand Total - Elementary and Secondary |
|
24 |
Education 1,353,972,840 1,866,701 1,355,839,541 |
|
25 |
Public Higher Education |
|
26 |
Office of Postsecondary Commissioner |
|
27 |
General Revenues 6,298,407 (130,522) 6,167,885 |
|
28 |
Provided that $355,000 shall be
allocated to Rhode Island |
|
29 |
pursuant to Rhode Island General Law, Section 16-70-5 and that $30,000 shall be allocated to Best |
|
30 |
Buddies Rhode Island to support its programs for children with developmental and intellectual |
|
31 |
disabilities. |
|
32 |
Appropriations to the Office of Postsecondary Commissioner of seven hundred and fifty |
|
33 |
thousand ($750,000) are to be used for the Westerly Higher Education and Industry Center. Funds |
|
34 |
shall only be spent to secure a long-term lease of the facility. |
|
|
|
|
1 |
Federal Funds |
|
2 |
Federal Funds 9,445,218 521,753 9,966,971 |
|
3 |
WaytogoRI Portal 863,629 48,754 912,383 |
|
4 |
Guaranty Agency Operating Fund - |
|
5 |
Scholarships and Grants 4,000,000 0 4,000,000 |
|
6 |
Restricted Receipts 361,925 494,848 856,773 |
|
7 |
Other Funds |
|
8 |
Tuition Savings Program – Dual Enrollment 1,300,000 0 1,300,000 |
|
9 |
Tuitions Savings Program – Scholarships/Grants 6,095,000 0 6,095,000 |
|
10 |
Nursing Education Center - Operating 0 1,106,666 1,106,666 |
|
11 |
Rhode Island Capital Plan Funds |
|
12 |
Westerly Campus 2,000,000 0 2,000,000 |
|
13 |
Total – Office of the Postsecondary |
|
14 |
Commissioner 30,364,179 2,041,499 32,405,678 |
|
15 |
University of Rhode Island |
|
16 |
General Revenues |
|
17 |
General Revenues 75,616,226 0 75,616,226 |
|
18 |
Provided that in order to leverage federal funding and support economic development, |
|
19 |
$250,000 shall be allocated to the Small Business Development Center and $250,000 shall be |
|
20 |
allocated to the Polaris Manufacturing Extension Program, and that $50,000 shall be allocated to |
|
21 |
Special Olympics Rhode Island to support its mission of providing athletic opportunities for |
|
22 |
individuals with intellectual and developmental disabilities. |
|
23 |
The University shall not decrease internal student financial aid in the 2016 – 2017 academic |
|
24 |
year below the level of the 2015 – 2016 academic year. The President of the institution shall report, |
|
25 |
prior to the commencement of the 2016-2017 academic year, to the chair of the Council of |
|
26 |
Postsecondary Education that such tuition charges and student aid levels have been achieved at the |
|
27 |
start of the FY 2017 as prescribed above. |
|
28 |
Debt Service 13,182,679 2,303,038 15,485,717 |
|
29 |
RI State Forensics Lab 1,071,393 0 1,071,393 |
|
30 |
Other Funds |
|
31 |
University and College Funds 649,629,440 (18,701,995) 630,927,445 |
|
32 |
Debt – Dining Services 1,106,597 0 1,106,597 |
|
33 |
Debt – Education and General 3,786,661 (189,456) 3,597,205 |
|
34 |
Debt – Health Services 146,167 0 146,167 |
|
|
|
|
1 |
Debt – Housing Loan Funds 11,751,883 (1,147,285) 10,604,598 |
|
2 |
Debt – Memorial Union 319,976 0 319,976 |
|
3 |
Debt – Ryan Center 2,789,719 0 2,789,719 |
|
4 |
Debt – Alton Jones Services 102,946 0 102,946 |
|
5 |
Debt - Parking Authority 1,042,907 0 1,042,907 |
|
6 |
Debt – Sponsored Research 85,105 (192) 84,913 |
|
7 |
Debt – Restricted Energy Conservation 810,170 (205,088) 605,082 |
|
8 |
Debt – URI Energy Conservation 2,021,187 (51,187) 1,970,000 |
|
9 |
Rhode Island Capital Asset Plan Funds |
|
10 |
Asset Protection 13,556,000 0 13,556,000 |
|
11 |
URI Shepard Building Upgrades 95,000 (95,000) 0 |
|
12 |
URI/RIC Nursing Education Center 200,000 101,859 301,859 |
|
13 |
White Hall Renovations 0 419,130 419,130 |
|
14 |
URI Electrical Substation 0 1,382,650 1,382,650 |
|
15 |
URI Biotech Center 0 156,439 156,439 |
|
16 |
URI Fire Safety 0 2,552,968 2,552,968 |
|
17 |
Total – University of Rhode Island 777,314,056 (13,474,119) 763,839,937 |
|
18 |
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or |
|
19 |
unencumbered balances as of June 30, |
|
20 |
hereby reappropriated to fiscal year |
|
21 |
Rhode Island College |
|
22 |
General Revenues |
|
23 |
General Revenues 46,996,330 0 46,996,330 |
|
24 |
Rhode Island College shall not decrease internal student financial aid in the 2016 – 2017 |
|
25 |
academic year below the level of the 2015 – 2016 academic year. The President of the institution |
|
26 |
shall report, prior to the commencement of the 2016 – 2017 academic year, to the chair of the |
|
27 |
Council of Postsecondary Education that such tuition charges and student aid levels have been |
|
28 |
achieved at the start of FY 2017 as prescribed above. |
|
29 |
Debt Service 2,565,254 (55,863) 2,509,391 |
|
30 |
Other Funds |
|
31 |
University and College Funds 125,192,812 (4,999,717) 120,193,095 |
|
32 |
Debt – Education and General 880,568 256,275 1,136,843 |
|
33 |
Debt – Housing 368,195 1 368,196 |
|
34 |
Debt – Student Center and Dining 154,068 0 154,068 |
|
|
|
|
1 |
Debt – Student Union 235,656 0 235,656 |
|
2 |
Debt – G.O. Debt Service 1,644,459 (3,000) 1,641,459 |
|
3 |
Debt – Energy Conservation 256,275 0 256,275 |
|
4 |
Rhode Island Capital Plan Funds |
|
5 |
Asset Protection 5,357,700 482,417 5,840,117 |
|
6 |
Infrastructure Modernization 3,000,000 (245,299) 2,754,701 |
|
7 |
Total – Rhode Island College 186,651,317 (4,565,186) 182,086,131 |
|
8 |
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or |
|
9 |
unencumbered balances as of June 30, |
|
10 |
reappropriated to fiscal year |
|
11 |
Community College of Rhode Island |
|
12 |
General Revenues |
|
13 |
General Revenues 48,936,035 0 48,936,035 |
|
14 |
The Community College of Rhode Island shall not decrease internal student financial aid |
|
15 |
in the 2016 – 2017 academic year below the level of the 2015-2016 academic year. The President |
|
16 |
of the institution shall report, prior to the commencement of the 2016 – 2017 academic year, to the |
|
17 |
chair of the Council of Postsecondary Education that such tuition charges and student aid levels |
|
18 |
have been achieved at the start of FY 2017 as prescribed above. |
|
19 |
Debt Service 1,691,204 (47,755) 1,643,449 |
|
20 |
Restricted Receipts 660,795 0 660,795 |
|
21 |
Other Funds |
|
22 |
University and College Funds 107,824,292 (11,234,777) 96,589,515 |
|
23 |
CCRI Debt Service – Energy Conservation 807,225 0 807,225 |
|
24 |
Rhode Island Capital Plan Funds |
|
25 |
Asset Protection 3,032,100 0 3,032,100 |
|
26 |
Knight Campus Renewal 4,000,000 1,223,902 5,223,902 |
|
27 |
Total – Community College of RI 166,951,651 (10,058,630) 156,893,021 |
|
28 |
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or |
|
29 |
unencumbered balances as of June 30, |
|
30 |
Island are hereby reappropriated to fiscal year |
|
31 |
Grand Total – Public Higher Education 1,161,281,203 (26,056,436) 1,135,224,767 |
|
32 |
RI State Council on the Arts |
|
33 |
General Revenues |
|
34 |
Operating Support 786,884 (45,516) 741,368 |
|
|
|
|
1 |
Grants 1,165,000 0 1,165,000 |
|
2 |
Provided that $375,000 be provided to support the operational costs of WaterFire |
|
3 |
Providence art installations. |
|
4 |
Federal Funds 775,454 11,274 786,728 |
|
5 |
Restricted Receipts 0 25,000 25,000 |
|
6 |
Other Funds 303,200 677,500 980,700 |
|
7 |
Grand Total - RI State Council on the Arts 3,030,538 668,258 3,698,796 |
|
8 |
RI Atomic Energy Commission |
|
9 |
General Revenues 981,100 (1,418) 979,682 |
|
10 |
Federal Funds 32,422 196,441 228,863 |
|
11 |
Other Funds |
|
12 |
URI Sponsored Research 269,527 1,072 270,599 |
|
13 |
Rhode Island Capital Plan Funds |
|
14 |
RINSC Asset Protection 50,000 9,895 59,895 |
|
15 |
Grand Total - RI Atomic Energy |
|
16 |
Commission 1,333,049 205,990 1,539,039 |
|
17 |
RI Historical Preservation and Heritage Commission |
|
18 |
General Revenues 1,202,559 (40,558) 1,162,001 |
|
19 |
Provided that $30,000 support the operational costs of the Fort Adams Trust’s restoration |
|
20 |
activities. |
|
21 |
Federal Funds 1,093,966 453,062 1,547,028 |
|
22 |
Restricted Receipts 427,175 2,025 429,200 |
|
23 |
Other Funds |
|
24 |
RIDOT – Project Review 79,998 (144) 79,854 |
|
25 |
Grand Total – RI Historical Preservation |
|
26 |
and Heritage Commission 2,803,698 414,385 3,218,083 |
|
27 |
Attorney General |
|
28 |
Criminal |
|
29 |
General Revenues 15,675,925 64,619 15,740,544 |
|
30 |
Federal Funds 1,692,545 17,062,752 18,755,297 |
|
31 |
Restricted Receipts 6,637,954 (6,480,312) 157,642 |
|
32 |
Total – Criminal 24,006,424 10,647,059 34,653,483 |
|
33 |
Civil |
|
34 |
General Revenues 5,135,543 398,036 5,533,579 |
|
|
|
|
1 |
Restricted Receipts 916,302 (313,433) 602,869 |
|
2 |
Total – Civil 6,051,845 84,603 6,136,448 |
|
3 |
Bureau of Criminal Identification |
|
4 |
General Revenues 1,758,215 (177,526) 1,580,689 |
|
5 |
General |
|
6 |
General Revenues 3,026,299 1,039 3,027,338 |
|
7 |
Other Funds |
|
8 |
Rhode Island Capital Plan Funds |
|
9 |
Building Renovations and Repairs 300,000 (132,470) 167,530 |
|
10 |
Total – General 3,326,299 (131,431) 3,194,868 |
|
11 |
Grand Total - Attorney General 35,142,783 10,422,705 45,565,488 |
|
12 |
Corrections |
|
13 |
Central Management |
|
14 |
General Revenues 10,179,627 (81,130) 10,098,497 |
|
15 |
Federal Funds 0 59,219 59,219 |
|
16 |
Total – Central Management 10,179,627 (21,911) 10,157,716 |
|
17 |
Parole Board |
|
18 |
General Revenues 1,338,481 82,301 1,420,782 |
|
19 |
Federal Funds 14,006 96,978 110,984 |
|
20 |
Total – Parole Board 1,352,487 179,279 1,531,766 |
|
21 |
Custody and Security |
|
22 |
General Revenues 133,857,240 2,409,629 136,266,869 |
|
23 |
Federal Funds 571,759 338,831 910,590 |
|
24 |
Total – Custody and Security 134,428,999 2,748,460 137,177,459 |
|
25 |
Institutional Support |
|
26 |
General Revenues 15,822,911 (1,393,133) 14,429,778 |
|
27 |
Other Funds |
|
28 |
Rhode Island Capital Plan Funds |
|
29 |
Asset Protection 3,750,000 (462,031) 3,287,969 |
|
30 |
Maximum – General Renovations 1,300,000 (475,747) 824,253 |
|
31 |
New Gloria McDonald 150,000 (148,867) 1,133 |
|
32 |
Dix Building Renovations 750,000 (438,934) 311,066 |
|
33 |
ISC Exterior Envelope and HVAC 1,700,000 (1,700,000) 0 |
|
34 |
Medium Infrastructure 4,000,000 (3,565,000) 435,000 |
|
|
|
|
1 |
Correctional Facilities Study 250,000 0 250,000 |
|
2 |
Total - Institutional Support 27,722,911 (8,183,712) 19,539,199 |
|
3 |
Institutional Based Rehab/Population Management |
|
4 |
General Revenues 11,599,533 114,039 11,713,572 |
|
5 |
Federal Funds 527,398 216,485 743,883 |
|
6 |
Restricted Receipts 44,023 0 44,023 |
|
7 |
Total – Institutional Based Rehab/Pop/Mgt. 12,170,954 330,524 12,501,478 |
|
8 |
Healthcare Services |
|
9 |
General Revenues 21,909,573 755,829 22,665,402 |
|
10 |
Community Corrections |
|
11 |
General Revenues 16,993,141 39,329 17,032,470 |
|
12 |
Provided that $250,000 be allocated to Crossroads Rhode Island for sex offender discharge |
|
13 |
planning. |
|
14 |
Federal Funds 16,845 78,049 94,894 |
|
15 |
Restricted Receipts 16,118 1,195 17,313 |
|
16 |
Total – Community Corrections 17,026,104 118,573 17,144,677 |
|
17 |
Grand Total – Corrections 224,790,655 (4,072,958) 220,717,697 |
|
18 |
Judiciary |
|
19 |
Supreme Court |
|
20 |
General Revenues |
|
21 |
General Revenues 27,510,065 922,853 28,432,918 |
|
22 |
Provided however, that no more than $1,056,438 in combined total shall be offset to the |
|
23 |
Public Defender’s Office, the Attorney General’s Office, the Department of Corrections, the |
|
24 |
Department of Children Youth and Families, and the Department of Public Safety for square- |
|
25 |
footage occupancy costs in public courthouses and further provided that $230,000 be allocated to |
|
26 |
the Rhode Island Coalition Against Domestic Violence for the domestic abuse court advocacy |
|
27 |
project pursuant to Rhode Island General Law, Section 12-29-7 and that $90,000 be allocated to |
|
28 |
Rhode Island Legal Services, Inc. to provide housing and eviction defense to indigent individuals. |
|
29 |
Defense of Indigents 3,784,406 18,760 3,803,166 |
|
30 |
Federal Funds 128,933 (6,590) 122,343 |
|
31 |
Restricted Receipts 3,076,384 1,625,945 4,702,329 |
|
32 |
Other Funds |
|
33 |
Rhode Island Capital Plan Funds |
|
34 |
Judicial HVAC 900,000 180,072 1,080,072 |
|
|
|
|
1 |
Judicial Complexes Asset Protection 875,000 (6,386) 868,614 |
|
2 |
Licht Judicial Complex Restoration 750,000 0 750,000 |
|
3 |
Noel Shelled Courtroom Build Out 3,000,000 (1,244,930) 1,755,070 |
|
4 |
Total - Supreme Court 40,024,788 1,489,724 41,514,512 |
|
5 |
Judicial Tenure and Discipline |
|
6 |
General Revenues 124,865 (376) 124,489 |
|
7 |
Superior Court |
|
8 |
General Revenues 22,807,060 85,630 22,892,690 |
|
9 |
Federal Funds 51,290 48,968 100,258 |
|
10 |
Restricted Receipts 371,741 (1,188) 370,553 |
|
11 |
Total - Superior Court 23,230,091 133,410 23,363,501 |
|
12 |
Family Court |
|
13 |
General Revenues 21,495,610 (1,052,179) 20,443,431 |
|
14 |
Federal Funds 2,770,714 502,407 3,273,121 |
|
15 |
Total - Family Court 24,266,324 (549,772) 23,716,552 |
|
16 |
District Court |
|
17 |
General Revenues 11,865,905 561,999 12,427,904 |
|
18 |
Federal Funds 303,154 149,453 452,607 |
|
19 |
Restricted Receipts 138,045 (71,686) 66,359 |
|
20 |
Total - District Court 12,307,104 639,766 12,946,870 |
|
21 |
Traffic Tribunal |
|
22 |
General Revenues 9,018,180 (75,188) 8,942,992 |
|
23 |
Workers' Compensation Court |
|
24 |
Restricted Receipts 8,096,017 (84,731) 8,011,286 |
|
25 |
Grand Total – Judiciary 117,067,369 1,552,833 118,620,202 |
|
26 |
Military Staff |
|
27 |
General Revenues 2,659,719 (83,378) 2,576,341 |
|
28 |
Federal Funds 17,497,797 (417,684) 17,080,113 |
|
29 |
Restricted Receipts |
|
30 |
RI Military Family Relief Fund 300,000 (200,000) 100,000 |
|
31 |
Counter Drug Asset Forfeiture 37,300 (37,300) 0 |
|
32 |
Other Funds |
|
33 |
Rhode Island Capital Plan Funds |
|
34 |
Armory of Mounted Command Roof Replacement 357,500 (224,775) 132,725 |
|
|
|
|
1 |
Asset Protection 700,000 108,202 808,202 |
|
2 |
Benefit Street Arsenal Rehabilitation 0 37,564 37,564 |
|
3 |
Bristol Readiness Center 125,000 (125,000) 0 |
|
4 |
Joint Force Headquarters Building 1,500,000 (1,425,000) 75,000 |
|
5 |
Grand Total – Military Staff 23,177,316 (2,367,371) 20,809,945 |
|
6 |
Public Safety |
|
7 |
Central Management |
|
8 |
General Revenues 1,407,618 (285,197) 1,122,421 |
|
9 |
Federal Funds 5,398,633 2,845,956 8,244,589 |
|
10 |
Total – Central Management 6,806,251 2,560,759 9,367,010 |
|
11 |
E-911 Emergency Telephone System |
|
12 |
General Revenues 5,699,440 (215,576) 5,483,864 |
|
13 |
State Fire Marshal |
|
14 |
General Revenues 3,248,953 157,360 3,406,313 |
|
15 |
Federal Funds 425,169 (6,263) 418,906 |
|
16 |
Restricted Receipts 195,472 114,157 309,629 |
|
17 |
Other Funds |
|
18 |
Quonset Development Corp 62,294 (8,781) 53,513 |
|
19 |
Rhode Island Capital Plan Funds |
|
20 |
Fire Academy 1,215,000 1,629,189 2,844,189 |
|
21 |
Total - State Fire Marshal 5,146,888 1,885,662 7,032,550 |
|
22 |
Security Services |
|
23 |
General Revenues 23,162,912 314,561 23,477,473 |
|
24 |
Municipal Police Training Academy |
|
25 |
General Revenues 263,746 (965) 262,781 |
|
26 |
Federal Funds 222,395 115,945 338,340 |
|
27 |
Total - Municipal Police Training Academy 486,141 114,980 601,121 |
|
28 |
State Police |
|
29 |
General Revenues 65,659,479 923,508 66,582,987 |
|
30 |
Federal Funds 3,246,194 19,929,465 23,175,659 |
|
31 |
Restricted Receipts 4,256,598 (4,094,052) 162,546 |
|
32 |
Other Funds |
|
33 |
Lottery Commission Assistance 1,611,348 (501,155) 1,110,193 |
|
34 |
Airport Commission Assistance 212,221 (62,221) 150,000 |
|
|
|
|
1 |
Road Construction Reimbursement 2,934,672 0 2,934,672 |
|
2 |
Weight & Measurement Reimbursement 0 440,000 440,000 |
|
3 |
Rhode Island Capital Plan Funds |
|
4 |
DPS Asset Protection 250,000 410,479 660,479 |
|
5 |
Wickford Barracks Renovation 500,000 (500,000) 0 |
|
6 |
Lincoln Woods Barracks Renovations 0 511,345 511,345 |
|
7 |
State Police Barracks/Training Academy 0 191,244 191,244 |
|
8 |
Total - State Police 78,670,512 17,248,613 95,919,125 |
|
9 |
Grand Total – Public Safety 119,972,144 21,908,999 141,881,143 |
|
10 |
Emergency Management Agency |
|
11 |
General Revenues 1,848,876 (1,028) 1,847,848 |
|
12 |
Federal Funds 20,094,466 (2,148,112) 17,946,354 |
|
13 |
Restricted Receipts 861,046 (412,934) 448,112 |
|
14 |
Other Funds |
|
15 |
Rhode Island Capital Plan Funds |
|
16 |
Emergency Management Building 189,750 0 189,750 |
|
17 |
Rhode Island State Communication Network 1,000,000 494,414 1,494,414 |
|
18 |
Grand Total – Emergency Management Agency 23,994,138 (2,067,660) 21,926,478 |
|
19 |
Office of Public Defender |
|
20 |
General Revenues 11,784,382 (82,174) 11,702,208 |
|
21 |
Federal Funds 112,820 (15,000) 97,820 |
|
22 |
Grand Total - Office of Public Defender 11,897,202 (97,174) 11,800,028 |
|
23 |
Environmental Management |
|
24 |
Office of the Director |
|
25 |
General Revenues 5,165,334 351,172 5,516,506 |
|
26 |
Provided that $200,000 be allocated to the Town of North Providence for its Eliot Avenue |
|
27 |
flooding and drainage remediation project. |
|
28 |
Restricted Receipts 3,901,548 191,256 4,092,804 |
|
29 |
Total – Office of the Director 9,066,882 542,428 9,609,310 |
|
30 |
Natural Resources |
|
31 |
General Revenues 21,124,014 7,851 21,131,865 |
|
32 |
Federal Funds 20,047,496 2,691,502 22,738,998 |
|
33 |
Restricted Receipts 6,121,231 (2,063,948) 4,057,283 |
|
34 |
Other Funds |
|
|
|
|
1 |
DOT Recreational Projects 909,926 762,000 1,671,926 |
|
2 |
Blackstone Bikepath Design 2,059,579 0 2,059,579 |
|
3 |
Transportation MOU 78,350 0 78,350 |
|
4 |
Rhode Island Capital Plan Funds |
|
5 |
Dam Repair 1,230,000 (975,805) 254,195 |
|
6 |
Fort Adams America’s Cup 1,400,000 69,851 1,469,851 |
|
7 |
Recreational Facilities Improvements 3,100,000 2,589,289 5,689,289 |
|
8 |
Galilee Piers Upgrade 250,000 61,611 311,611 |
|
9 |
Newport Piers 187,500 (50,000) 137,500 |
|
10 |
Fish & Wildlife Maintenance Facilities 150,000 (150,000) 0 |
|
11 |
Blackstone Valley Bike Path 300,000 93,348 393,348 |
|
12 |
Natural Resources Offices/Visitor’s Center 3,500,000 (3,487,741) 12,259 |
|
13 |
Marine Infrastructure/Pier Development 100,000 0 100,000 |
|
14 |
State Recreation Building Demolition 100,000 0 100,000 |
|
15 |
Fort Adams Rehabilitation 300,000 1,625 301,625 |
|
16 |
World War II Facility 0 128,715 128,715 |
|
17 |
Rocky Point Acquisitions/Renovations 0 116,992 116,992 |
|
18 |
Total - Natural Resources 60,958,096 (204,710) 60,753,386 |
|
19 |
Environmental Protection |
|
20 |
General Revenues 13,917,429 (2,270,350) 11,647,079 |
|
21 |
Federal Funds 9,681,296 1,735,701 11,416,997 |
|
22 |
Restricted Receipts 8,959,177 91,032 9,050,209 |
|
23 |
Other Funds |
|
24 |
Transportation MOU 164,734 0 164,734 |
|
25 |
Total - Environmental Protection 32,722,636 (443,617) 32,279,019 |
|
26 |
Grand Total - Environmental Management 102,747,614 (105,899) 102,641,715 |
|
27 |
Coastal Resources Management Council |
|
28 |
General Revenues 2,452,438 17,458 2,469,896 |
|
29 |
Federal Funds 4,148,312 1,069,762 5,218,074 |
|
30 |
Restricted Receipts 250,000 0 250,000 |
|
31 |
Other Funds |
|
32 |
Rhode Island Capital Plan Funds |
|
33 |
South Coast Restoration Project 321,775 0 321,775 |
|
34 |
RI Coastal Storm Risk Study 150,000 (150,000) 0 |
|
|
|
|
1 |
Grand Total - Coastal Resources Mgmt. Council 7,322,525 937,220 8,259,745 |
|
2 |
Transportation |
|
3 |
Central Management |
|
4 |
Federal Funds 6,610,622 2,091,989 8,702,611 |
|
5 |
Other Funds |
|
6 |
Gasoline Tax 2,593,920 1,929,187 4,523,107 |
|
7 |
Total – Central Management 9,204,542 4,021,176 13,225,718 |
|
8 |
Management and Budget |
|
9 |
Other Funds |
|
10 |
Gasoline Tax 3,009,298 1,089,405 4,098,703 |
|
11 |
Infrastructure Engineering – GARVEE/Motor Fuel Tax Bonds |
|
12 |
Federal Funds |
|
13 |
Federal Funds 260,384,515 (12,655,581) 247,728,934 |
|
14 |
Federal Funds – Stimulus 5,414,843 11,116,418 16,531,261 |
|
15 |
Restricted Receipts 180,219 3,429,934 3,610,153 |
|
16 |
Other Funds |
|
17 |
Gasoline Tax 72,131,457 3,633,644 75,765,101 |
|
18 |
Land Sale Revenue 2,500,000 41,771 2,541,771 |
|
19 |
Rhode Island Capital Plan Funds |
|
20 |
RIPTA Land and Buildings 120,000 142,696 262,696 |
|
21 |
Highway Improvement Program 27,200,000 5,251,346 32,451,346 |
|
22 |
T.F. Green Airport Improvement 0 3,000,000 3,000,000 |
|
23 |
Total – Infrastructure Engineering |
|
24 |
GARVEE/Motor Fuel Tax Bonds 367,931,034 13,960,228 381,891,262 |
|
25 |
Infrastructure Maintenance |
|
26 |
Other Funds |
|
27 |
Gasoline Tax 12,846,800 (4,429,206) 8,417,594 |
|
28 |
Non-Land Surplus Property 50,000 0 50,000 |
|
29 |
Outdoor Advertising 100,000 0 100,000 |
|
30 |
Rhode Island Highway Maintenance Account 79,792,727 30,409,402 110,202,129 |
|
31 |
Rhode Island Capital Plan Funds |
|
32 |
Maintenance Facilities Improvements 400,000 0 400,000 |
|
33 |
Salt Storage Facilities 1,000,000 (538,066) 461,934 |
|
34 |
Portsmouth Facility 2,273,444 1,075,256 3,348,700 |
|
|
|
|
1 |
Maintenance-Capital Equip. Replacement 1,500,000 0 1,500,000 |
|
2 |
Train Station Maintenance and Repairs 350,000 0 350,000 |
|
3 |
Total – Infrastructure Maintenance 98,312,971 26,517,386 124,830,357 |
|
4 |
Grand Total – Transportation 478,457,845 45,588,195 524,046,040 |
|
5 |
Statewide Totals |
|
6 |
General Revenues 3,683,715,867 4,653,148 3,688,369,015 |
|
7 |
Federal Funds 2,957,075,656 227,565,479 3,184,641,135 |
|
8 |
Restricted Receipts 257,000,390 19,270,943 276,271,333 |
|
9 |
Other Funds 2,040,921,480 13,165,423 2,054,086,903 |
|
10 |
Statewide Grand Total 8,938,713,393 264,654,993 9,203,368,386 |
|
11 |
SECTION 2. Each line appearing in Section 1 of this Article shall constitute an |
|
12 |
appropriation. |
|
13 |
SECTION 3. The general assembly authorizes the state controller to establish the internal |
|
14 |
service accounts shown below, and no other, to finance and account for the operations of state |
|
15 |
agencies that provide services to other agencies, institutions and other governmental units on a cost |
|
16 |
reimbursed basis. The purpose of these accounts is to ensure that certain activities are managed in |
|
17 |
a businesslike manner, promote efficient use of services by making agencies pay the full costs |
|
18 |
associated with providing the services, and allocate the costs of central administrative services |
|
19 |
across all fund types, so that federal and other non-general fund programs share in the costs of |
|
20 |
general government support. The controller is authorized to reimburse these accounts for the cost |
|
21 |
of work or services performed for any other department or agency subject to the following |
|
22 |
expenditure limitations: |
|
23 |
Account FY 2017 FY 2017 FY2017 |
|
24 |
Enacted Change Final |
|
25 |
State Assessed Fringe Benefit Internal Service |
|
26 |
Fund 41,699,269 (1,853,175) 39,846,094 |
|
27 |
Administration Central Utilities Internal Service |
|
28 |
Fund 14,900,975 6,025,473 20,926,448 |
|
29 |
State Central Mail Internal Service Fund 6,190,285 636,305 6,826,590 |
|
30 |
State Telecommunications Internal Service Fund 3,017,521 167,632 3,185,153 |
|
31 |
State Automotive Fleet Internal Service Fund 12,543,165 (78,722) 12,464,443 |
|
32 |
Surplus Property Internal Service Fund 2,500 500 3,000 |
|
33 |
Health Insurance Internal Service Fund 251,723,462 53,362 251,776,824 |
|
34 |
State Fleet Revolving Loan Fund 0 2,173,414 2,173,414 |
|
|
|
|
1 |
Other Post-Employment Benefits Fund 63,934,483 0 63,934,483 |
|
2 |
Capital Police Internal Service Fund 1,172,421 (44,402) 1,128,019 |
|
3 |
Corrections Central Distribution Center Internal |
|
4 |
Service Fund 7,094,183 (46,657) 7,047,526 |
|
5 |
Correctional Industries Internal Service Fund 7,304,210 174,271 7,478,481 |
|
6 |
Secretary of State Record Center Internal Service Fund 907,177 (98,650) 808,527 |
|
7 |
SECTION 4. Departments and agencies listed below may not exceed the number of full- |
|
8 |
time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do |
|
9 |
not include seasonal or intermittent positions whose scheduled period of employment does not |
|
10 |
exceed twenty-six consecutive weeks or whose scheduled hours do not exceed nine hundred and |
|
11 |
twenty-five (925) hours, excluding overtime, in a one-year period. Nor do they include individuals |
|
12 |
engaged in training, the completion of which is a prerequisite of employment. Provided, however, |
|
13 |
that the Governor or designee, Speaker of the House of Representatives or designee, and the |
|
14 |
President of the Senate or designee may authorize an adjustment to any limitation. Prior to the |
|
15 |
authorization, the State Budget Officer shall make a detailed written recommendation to the |
|
16 |
Governor, the Speaker of the House, and the President of the Senate. A copy of the recommendation |
|
17 |
and authorization to adjust shall be transmitted to the chairman of the House Finance Committee, |
|
18 |
Senate Finance Committee, the House Fiscal Advisor and the Senate Fiscal Advisor. |
|
19 |
State employees whose funding is from non-state general revenue funds that are time |
|
20 |
limited shall receive limited term appointment with the term limited to the availability of non-state |
|
21 |
general revenue funding source. |
|
22 |
FY 2017 FTE POSITION AUTHORIZATION |
|
23 |
Departments and Agencies Full-Time Equivalent |
|
24 |
Administration 708.7 |
|
25 |
Business Regulation |
|
26 |
Executive Office of Commerce 16.0 |
|
27 |
Labor and Training |
|
28 |
Revenue 523.5 |
|
29 |
Legislature 298.5 |
|
30 |
Office of the Lieutenant Governor 8.0 |
|
31 |
Office of the Secretary of State 59.0 |
|
32 |
Office of the General Treasurer |
|
33 |
Board of Elections 12.0 |
|
34 |
Rhode Island Ethics Commission 12.0 |
|
|
|
|
1 |
Office of the Governor 45.0 |
|
2 |
Commission for Human Rights 14.5 |
|
3 |
Public Utilities Commission 51.0 |
|
4 |
Office of Health and Human Services |
|
5 |
Children, Youth, and Families |
|
6 |
Health 503.6 |
|
7 |
Human Services 937.1 |
|
8 |
Behavioral Health, Developmental Disabilities, and Hospitals 1,352.4 |
|
9 |
Office of the Child Advocate |
|
10 |
Commission on the Deaf and Hard of Hearing 4.0 |
|
11 |
Governor's Commission on Disabilities 4.0 |
|
12 |
Office of the Mental Health Advocate 4.0 |
|
13 |
Elementary and Secondary Education 139.1 |
|
14 |
School for the Deaf 60.0 |
|
15 |
Davies Career and Technical School 126.0 |
|
16 |
Office of the Postsecondary Commissioner 27.0 |
|
17 |
Provided that 1.0 of the total authorization would be available only for positions that are |
|
18 |
supported by third-party funds. |
|
19 |
University of Rhode Island 2,489.5 |
|
20 |
Provided that 573.8 of the total authorization would be available only for positions that are |
|
21 |
supported by third-party funds. |
|
22 |
Rhode Island College 926.2 |
|
23 |
Provided that 82.0 of the total authorization would be available only for positions that are |
|
24 |
supported by third-party funds. |
|
25 |
Community College of Rhode Island 854.1 |
|
26 |
Provided that 89.0 of the total authorization would be available only for positions that are |
|
27 |
supported by third-party funds. |
|
28 |
Rhode Island State Council on the Arts 8.6 |
|
29 |
RI Atomic Energy Commission 8.6 |
|
30 |
Historical Preservation and Heritage Commission |
|
31 |
Office of the Attorney General 235.1 |
|
32 |
Corrections 1,423.0 |
|
33 |
Judicial 723.3 |
|
34 |
Military Staff 92.0 |
|
|
|
|
1 |
Public Safety |
|
2 |
Office of the Public Defender 93.0 |
|
3 |
Emergency Management Agency 29.0 |
|
4 |
Environmental Management |
|
5 |
Coastal Resources Management Council 29.0 |
|
6 |
Transportation |
|
7 |
Total |
|
8 |
SECTION 5. Reappropriation of Funding for Rhode Island Capital Plan Fund Projects. – |
|
9 |
Any unexpended and unencumbered funds from Rhode Island Capital Plan Fund project |
|
10 |
appropriations shall be reappropriated in the ensuing fiscal year and made available for the same |
|
11 |
purpose. However, any such reappropriations are subject to final approval by the General |
|
12 |
Assembly as part of the supplemental appropriations act. Any unexpended funds of less than five |
|
13 |
hundred dollars ($500) shall be reappropriated at the discretion of the State Budget Officer. |
|
14 |
SECTION 6. This article shall take effect upon passage. |
|
|
|
======= |
||
art.011/3/011/2 |
||
======= |
||
1 |
ARTICLE 11 |
|
2 |
RELATING TO TAXATION -- EXCISE ON MOTOR VEHICLES AND TRAILERS |
|
3 |
SECTION 1. Sections 44-5-2 and 44-5-22 of the General Laws in Chapter 44-5 entitled |
|
4 |
"Levy and Assessment of Local Taxes" are hereby amended to read as follows: |
|
5 |
44-5-2. Maximum levy. |
|
6 |
(a) Through and including its fiscal year 2007, a city or town may levy a tax in an amount |
|
7 |
not more than five and one-half percent (5.5%) in excess of the amount levied and certified by that |
|
8 |
city or town for the prior year. Through and including its fiscal year 2007, but in no fiscal year |
|
9 |
thereafter, the amount levied by a city or town is deemed to be consistent with the five and one- |
|
10 |
half percent (5.5%) levy growth cap if the tax rate is not more than one hundred and five and one- |
|
11 |
half percent (105.5%) of the prior year's tax rate and the budget resolution or ordinance, as |
|
12 |
applicable, specifies that the tax rate is not increasing by more than five and one-half percent (5.5%) |
|
13 |
except as specified in subsection (c) of this section. In all years when a revaluation or update is not |
|
14 |
being implemented, a tax rate is deemed to be one hundred five and one-half percent (105.5%) or |
|
15 |
less of the prior year's tax rate if the tax on a parcel of real property, the value of which is unchanged |
|
16 |
for purpose of taxation, is no more than one hundred five and one-half percent (105.5%) of the |
|
17 |
prior year's tax on the same parcel of real property. In any year through and including fiscal year |
|
18 |
2007 when a revaluation or update is being implemented, the tax rate is deemed to be one hundred |
|
19 |
five and one-half percent (105.5%) of the prior year's tax rate as certified by the division of property |
|
20 |
valuation and municipal finance in the department of revenue. |
|
21 |
(b) In its fiscal year 2008, a city or town may levy a tax in an amount not more than five |
|
22 |
and one-quarter percent (5.25%) in excess of the total amount levied and certified by that city or |
|
23 |
town for its fiscal year 2007. In its fiscal year 2009, a city or town may levy a tax in an amount not |
|
24 |
more than five percent (5%) in excess of the total amount levied and certified by that city or town |
|
25 |
for its fiscal year 2008. In its fiscal year 2010, a city or town may levy a tax in an amount not more |
|
26 |
than four and three-quarters percent (4.75%) in excess of the total amount levied and certified by |
|
27 |
that city or town in its fiscal year 2009. In its fiscal year 2011, a city or town may levy a tax in an |
|
28 |
amount not more than four and one-half percent (4.5%) in excess of the total amount levied and |
|
29 |
certified by that city or town in its fiscal year 2010. In its fiscal year 2012, a city or town may levy |
|
30 |
a tax in an amount not more than four and one-quarter percent (4.25%) in excess of the total amount |
|
|
|
|
1 |
levied and certified by that city or town in its fiscal year 2011. In its fiscal year 2013 and in each |
|
2 |
fiscal year thereafter, a city or town may levy a tax in an amount not more than four percent (4%) |
|
3 |
in excess of the total amount levied and certified by that city or town for its previous fiscal year. |
|
4 |
For purposes of this levy calculation, taxes levied pursuant to chapters 34 and 34.1 of this title shall |
|
5 |
not be included. For FY 2018, in the event that a municipality, solely as a result of the exclusion of |
|
6 |
the motor vehicle tax in the new levy calculation, exceeds the property tax cap when compared to |
|
7 |
FY 2017 after taking into account that there was a motor vehicle tax in FY 2017, said municipality |
|
8 |
shall be permitted to exceed the property tax cap for the FY 2018 transition year, but in no event |
|
9 |
shall it exceed the four percent (%) levy cap growth with the car tax portion included. |
|
10 |
(c) The division of property valuation in the department of revenue shall monitor city and |
|
11 |
town compliance with this levy cap, issue periodic reports to the general assembly on compliance, |
|
12 |
and make recommendations on the continuation or modification of the levy cap on or before |
|
13 |
December 31, 1987, December 31, 1990, and December 31, every third year thereafter. The chief |
|
14 |
elected official in each city and town shall provide to the division of property and municipal finance |
|
15 |
within thirty (30) days of final action, in the form required, the adopted tax levy and rate and other |
|
16 |
pertinent information. |
|
17 |
(d) The amount levied by a city or town may exceed the percentage increase as specified |
|
18 |
in subsection (a) or (b) of this section if the city or town qualifies under one or more of the following |
|
19 |
provisions: |
|
20 |
(1) The city or town forecasts or experiences a loss in total non-property tax revenues and |
|
21 |
the loss is certified by the department of revenue. |
|
22 |
(2) The city or town experiences or anticipates an emergency situation, which causes or |
|
23 |
will cause the levy to exceed the percentage increase as specified in subsection (a) or (b) of this |
|
24 |
section. In the event of an emergency or an anticipated emergency, the city or town shall notify the |
|
25 |
auditor general who shall certify the existence or anticipated existence of the emergency. Without |
|
26 |
limiting the generality of the foregoing, an emergency shall be deemed to exist when the city or |
|
27 |
town experiences or anticipates health insurance costs, retirement contributions or utility |
|
28 |
expenditures which exceed the prior fiscal year's health insurance costs, retirement contributions |
|
29 |
or utility expenditures by a percentage greater than three (3) times the percentage increase as |
|
30 |
specified in subsection (a) or (b) of this section. |
|
31 |
(3) A city or town forecasts or experiences debt services expenditures which exceed the |
|
32 |
prior year's debt service expenditures by an amount greater than the percentage increase as specified |
|
33 |
in subsection (a) or (b) of this section and which are the result of bonded debt issued in a manner |
|
34 |
consistent with general law or a special act. In the event of the debt service increase, the city or |
|
|
|
|
1 |
town shall notify the department of revenue which shall certify the debt service increase above the |
|
2 |
percentage increase as specified in subsection (a) or (b) of this section the prior year's debt service. |
|
3 |
No action approving or disapproving exceeding a levy cap under the provisions of this section |
|
4 |
affects the requirement to pay obligations as described in subsection (d) of this section. |
|
5 |
(4) The city or town experiences substantial growth in its tax base as the result of major |
|
6 |
new construction which necessitates either significant infrastructure or school housing expenditures |
|
7 |
by the city or town or a significant increase in the need for essential municipal services and such |
|
8 |
increase in expenditures or demand for services is certified by the department of revenue. |
|
9 |
(e) Any levy pursuant to subsection (d) of this section in excess of the percentage increase |
|
10 |
specified in subsection (a) or (b) of this section shall be approved by the affirmative vote of at least |
|
11 |
four-fifths (4/5) of the full membership of the governing body of the city or town or in the case of |
|
12 |
a city or town having a financial town meeting, the majority of the electors present and voting at |
|
13 |
the town financial meeting shall also approve the excess levy. |
|
14 |
(f) Nothing contained in this section constrains the payment of present or future obligations |
|
15 |
as prescribed by § 45-12-1, and all taxable property in each city or town is subject to taxation |
|
16 |
without limitation as to rate or amount to pay general obligation bonds or notes of the city or town |
|
17 |
except as otherwise specifically provided by law or charter. |
|
18 |
44-5-22. Certification of tax roll. |
|
19 |
The tax levy shall be applied to the assessment roll and the resulting tax roll certified by |
|
20 |
the assessors to the city or town clerk, city or town treasurer, or tax collector, as the case may be, |
|
21 |
and to the department of revenue division of municipal finance, not later than the next succeeding |
|
22 |
August 15. For assessment date December 31, 2016, all certified tax rolls submitted to the city or |
|
23 |
town clerk, city or town treasurer, or tax collector, as the case may be, and to the department of |
|
24 |
revenue division of municipal finance shall be calculated in a manner that is consistent with any |
|
25 |
2017 amendments to the motor vehicle excise tax laws not later than August 31, 2017. For |
|
26 |
assessment date December 31, 2016, in the event that a city, town or fire district has certified tax |
|
27 |
rolls to the city or town clerk, city or town treasurer, or tax collector, as the case may be, and to the |
|
28 |
department of revenue division of municipal finance prior to the enactment of any amendment to |
|
29 |
the motor vehicle excise tax laws in 2017, said city, town or fire district shall submit to the city or |
|
30 |
town clerk, city or town treasurer or tax collector, as the case may be, and to the department of |
|
31 |
revenue division of municipal finance an amended certified tax roll the calculation of which is |
|
32 |
consistent with any amendments to the motor vehicle tax laws in 2017 not later than September 15, |
|
33 |
2017. In no event shall motor vehicle tax bills be sent out prior to the submission of said amended |
|
34 |
certification. In the case of a fire district, the tax levy shall be applied to the assessment roll and the |
|
|
|
|
1 |
resulting tax roll certified by such fire district's tax assessor, treasurer, or other appropriate fire |
|
2 |
district official to the town clerk, town treasurer, tax assessor or tax collector, as the case may be, |
|
3 |
and to the department of revenue, division of municipal finance, not later than thirty (30) business |
|
4 |
days prior to its annual meeting. |
|
5 |
SECTION 2. Sections 44-34-2 and 44-34-11 of the General Laws in Chapter 44-34 entitled |
|
6 |
"Excise on Motor Vehicles and Trailers" are hereby amended to read as follows: |
|
7 |
44-34-2. Assessment -- Valuation -- Proration -- Abatement and cancellation -- |
|
8 |
Exemptions from tax. |
|
9 |
(a) Except as provided in this section, the tax assessors of each city and town shall assess |
|
10 |
and levy in each calendar year on every vehicle and trailer registered under chapter 3 of title 31, |
|
11 |
for the privilege of the registration, an excise measured by its value, as subsequently defined and |
|
12 |
determined. For the purpose of this excise, the uniform value of each vehicle shall be determined |
|
13 |
in accordance with the regulations of the vehicle value commission. Any vehicle which is more |
|
14 |
than |
|
15 |
defined in § 31-1-3(a), shall be deemed to possess an average retail value of five hundred dollars |
|
16 |
($500). |
|
17 |
|
|
18 |
|
|
19 |
|
|
20 |
|
|
21 |
|
|
22 |
|
|
23 |
|
|
24 |
|
|
25 |
|
|
26 |
the annual levy would be less than five dollars ($5.00). The state shall not provide reimbursement |
|
27 |
for any waiver. |
|
28 |
(b) Vehicle and trailer excises shall be prorated over the calendar year prior to the year in |
|
29 |
which the excises are levied and billed, that year being referred to as the calendar year of proration. |
|
30 |
(c) The excise levy on every vehicle and trailer registered under chapter 3 of title 31 shall |
|
31 |
be based on the ratio that the number of days the vehicle or trailer is registered is to the number of |
|
32 |
days in the calendar year of proration. |
|
33 |
(d) If during the calendar year of proration, the owner of a vehicle or trailer subject to the |
|
34 |
excise moves permanently with his or her vehicle to another state and cancels his or her registration |
|
|
|
|
1 |
in this state and returns the registration plates, the vehicle shall be exempt from excise for the |
|
2 |
ensuing year. |
|
3 |
(e) "Year of manufacture" as used in this section means the year used by the manufacturer |
|
4 |
of the vehicle or trailer in connection with the designation by the manufacturer of the model of the |
|
5 |
vehicle or trailer. Where the presumptive price of a vehicle or trailer is not readily obtainable, or |
|
6 |
special equipment is installed on the vehicle or trailer, the tax assessor shall prescribe the retail |
|
7 |
price to be used or the manner in which the retail price shall be determined. |
|
8 |
(f) Nothing in this section shall be construed to prevent any city or town council from |
|
9 |
granting an abatement, in whole or in part, when there is an error in the assessment of a tax, and |
|
10 |
the tax assessors have certified to the fact, in writing, to the city or town council to cancel taxes |
|
11 |
stating the nature of the error, the valuation of the vehicle or trailer, the amount of the assessed tax |
|
12 |
and the name of the person to whom the vehicle or trailer was taxed. |
|
13 |
(g) The city or town council may cancel, in whole or in part, an excise tax assessed to a |
|
14 |
person who has died leaving no estate, or a person who has moved from the state, and the tax |
|
15 |
collector or person acting in the capacity of tax collector certifies to the city or town council the |
|
16 |
facts of the case. |
|
17 |
(h) The excise imposed by this section shall not apply to vehicles or trailers owned by the |
|
18 |
state of Rhode Island or any of its political subdivisions, or to vehicles or trailers owned by a |
|
19 |
corporation, association or other organization whose tangible personal property is exempt under § |
|
20 |
44-3-3(1) -- (15), or to vehicles assessed and taxed under § 44-13-13, or those owned by the United |
|
21 |
States government. Farm vehicles shall be exempt to the extent prescribed in § 44-5-42. |
|
22 |
44-34-11. Rhode Island vehicle value commission. |
|
23 |
(a) There is hereby authorized, created, and established the "Rhode Island vehicle value |
|
24 |
commission" whose function it is to establish presumptive values of vehicles and trailers subject to |
|
25 |
the excise tax. |
|
26 |
(b) The commission shall consist of the following seven (7) members as follows: |
|
27 |
(1) The director of the department of revenue or his/her designee from the department of |
|
28 |
revenue; |
|
29 |
(2) Five (5) local tax officials named by the governor, at least one of whom shall be from |
|
30 |
a city or town under ten thousand (10,000) population and at least one of whom is from a city or |
|
31 |
town over fifty thousand (50,000) population in making these appointments the governor shall give |
|
32 |
due consideration to the recommendations submitted by the President of the Rhode Island League |
|
33 |
of Cities and Towns and each appointment shall be subject to the advice and consent of the senate; |
|
34 |
(3) And one motor vehicle dealer appointed by the governor upon giving due consideration |
|
|
|
|
1 |
to the recommendation of the director of revenue and subject to the advice and consent of the |
|
2 |
senate. |
|
3 |
(4) All members shall serve for a term of three (3) years. |
|
4 |
(5) Current legislative appointees shall cease to be members of the commission upon the |
|
5 |
effective date of this act. Non-legislative appointees to the commission may serve out their terms |
|
6 |
whereupon their successors shall be appointed in accordance with this act. No one shall be eligible |
|
7 |
for appointment to the commission unless he or she is a resident of this state. |
|
8 |
(6) Public members of the commission shall be removable by the governor pursuant to § |
|
9 |
36-1-7 for cause only, and removal solely for partisan or personal reasons unrelated to capacity or |
|
10 |
fitness for the office shall be unlawful. |
|
11 |
(7) The governor shall appoint a chairperson from the commission's members. The |
|
12 |
commission shall elect from among its members other officers as it may deem appropriate. |
|
13 |
(c) The commission shall annually determine the presumptive values of vehicles and |
|
14 |
trailers subject to the excise tax in the following manner: |
|
15 |
(1) Not earlier than September 30 and not later than December 31 of each year, the |
|
16 |
commission shall by rule adopt a methodology for determining the presumptive value of vehicles |
|
17 |
and trailers subject to the excise tax which shall give consideration to the following factors: |
|
18 |
(i) The average retail price of similar vehicles of the same make, model, type, and year of |
|
19 |
manufacture as reported by motor vehicle dealers or by official used car guides, such as that of the |
|
20 |
National Automobile Dealers Association for New England. Where regional guides are not |
|
21 |
available, the commission shall use other publications deemed appropriate; and |
|
22 |
(ii) Other information concerning the average retail prices for make, model, type, and year |
|
23 |
of manufacture of motor vehicles as the director and the Rhode Island vehicle value commission |
|
24 |
may deem appropriate to determine fair values. |
|
25 |
(iii) Notwithstanding the foregoing, the presumptive value of vehicles and trailers subject |
|
26 |
to the excise tax shall not exceed the following percentage of clean retail value for those vehicles |
|
27 |
reported by the National Automobile Dealers Association Official Used Car Guide New England |
|
28 |
Edition: |
|
29 |
FISCAL YEAR PERCENTAGE |
|
30 |
2018 95% |
|
31 |
2019 90% |
|
32 |
2020 85% |
|
33 |
2021 80% |
|
34 |
2022 75% |
|
|
|
|
1 |
2023 70% |
|
2 |
In the event that no such clean retail value is reported, the presumptive value shall not |
|
3 |
exceed the above percentages of the following: |
|
4 |
(A) Manufacturer's suggested retail price (MSRP) for new model year vehicles as reported |
|
5 |
by the National Automobile Dealers Association Guides; or |
|
6 |
(B) Average retail value for those vehicles reported by the National Automobile Dealers |
|
7 |
Association Official Used Car Guide National Edition and Motorcycle/Snowmobile/ATV/Personal |
|
8 |
Watercraft Appraisal Guide; or |
|
9 |
(C) Used retail value for those vehicles reported in the National Association of Automobile |
|
10 |
Dealers Recreational Vehicle Appraisal Guide; or |
|
11 |
(D) Low value for those vehicles reported in the National Automobile Dealers Association |
|
12 |
Classic, Collectible, Exotic and Muscle Car Appraisal Guide & Directory. |
|
13 |
(2) On or before February 1 of each year, it shall adopt a list of values for vehicles and |
|
14 |
trailers of the same make, model, type, and year of manufacture as of the preceding December 31 |
|
15 |
in accordance with the methodology adopted between September 30 and December 31; the list shall |
|
16 |
be subject to a public hearing at least five (5) business days prior to the date of its adoption. |
|
17 |
(3) Nothing in this section shall be deemed to require the commission to determine the |
|
18 |
presumptive value of vehicles and trailers which are unique, to which special equipment has been |
|
19 |
added or to which special modifications have been made, or for which adequate information is not |
|
20 |
available from the sources referenced in subdivision (1) of this subsection; provided, that the |
|
21 |
commission may consider those factors in its lists or regulations. |
|
22 |
(4) The commission shall annually provide the list of presumptive values of vehicles and |
|
23 |
trailers to each tax assessor on or before February 15 of each year. |
|
24 |
(d) The commission shall adopt rules governing its organization and the conduct of its |
|
25 |
business; prior to the adoption of the rules, the chair shall have the power to call meetings, and a |
|
26 |
simple majority of the members of the commission, as provided for in subsection (b) of this section, |
|
27 |
is necessary for a quorum, which quorum by majority vote shall have the power to conduct business |
|
28 |
in the name of the commission. The commission may adopt rules and elect from among its members |
|
29 |
such other officers as it deems necessary. |
|
30 |
(e) The commission shall have the power to contract for professional services that it deems |
|
31 |
necessary for the development of the methodology for determining presumptive values, for |
|
32 |
calculating presumptive values according to the methodology, and for preparing the list of |
|
33 |
presumptive values in a form and format that is generally usable by cities and towns in their |
|
34 |
preparation of tax bills. The commission shall also have the power to incur reasonable expenses in |
|
|
|
|
1 |
the conduct of its business as required by this chapter and to authorize payments for the expenses. |
|
2 |
(f) Commission members shall receive no compensation for the performance of their duties |
|
3 |
but may be reimbursed for their reasonable expenses incurred in carrying out such duties. |
|
4 |
(g) The commission shall respond to petitions of appeal by local boards of review in |
|
5 |
accordance with the provisions of § 44-34-9. |
|
6 |
(h) The commission shall establish, by rule, procedures for adopting an annual budget and |
|
7 |
for administering its finances. After July 1, 1986, one-half (1/2) of the cost of the commission's |
|
8 |
operations shall be borne by the state and one-half (1/2) shall be borne by cities and towns within |
|
9 |
the state, with the city and town share distributed among cities and towns on a per capita basis. |
|
10 |
(i) Within ninety (90) days after the end of each fiscal year, the commission shall approve |
|
11 |
and submit an annual report to the governor, the speaker of the house of representatives, the |
|
12 |
president of the senate, and the secretary of state of its activities during that fiscal year. The report |
|
13 |
shall provide: an operating statement summarizing meetings or hearings held, meeting minutes if |
|
14 |
requested, subjects addressed, decisions rendered, rules or regulations promulgated, studies |
|
15 |
conducted, policies and plans developed, approved, or modified, and programs administered or |
|
16 |
initiated; a consolidated financial statement of all funds received and expended including the source |
|
17 |
of the funds, a listing of any staff supported by these funds, and a summary of any clerical, |
|
18 |
administrative or technical support received; a summary of performance during the previous fiscal |
|
19 |
year including accomplishments, shortcomings and remedies; a synopsis of hearings, complaints, |
|
20 |
suspensions, or other legal matters related to the authority of the commission; a summary of any |
|
21 |
training courses held pursuant to this subsection, a briefing on anticipated activities in the upcoming |
|
22 |
fiscal year; and findings and recommendations for improvements. The report shall be posted |
|
23 |
electronically on the general assembly and the secretary of state's websites as prescribed in § 42- |
|
24 |
20-8.2. The director of the department of revenue shall be responsible for the enforcement of this |
|
25 |
provision. |
|
26 |
SECTION 3. Sections 44-34.1-1 and 44-34.1-2 of the General Laws in Chapter 44-34.1 |
|
27 |
entitled "Motor Vehicle and Trailer Excise Tax Elimination Act of 1998" are hereby amended to |
|
28 |
read as follows: |
|
29 |
44-34.1-1. Excise tax phase-out. |
|
30 |
(a)(1) Notwithstanding the provisions of chapter 34 of this title or any other provisions to |
|
31 |
the contrary, the motor vehicle and trailer excise tax established by § 44-34-1 may be phased out. |
|
32 |
The phase-out shall apply to all motor vehicles and trailers, including leased vehicles. |
|
33 |
(2) Lessors of vehicles that pay excise taxes directly to municipalities shall provide lessees, |
|
34 |
at the time of entering into the lease agreement, an estimate of annual excise taxes payable |
|
|
|
|
1 |
throughout the term of the lease. In the event the actual excise tax is less than the estimated excise |
|
2 |
tax, the lessor shall annually rebate to the lessee the difference between the actual excise tax and |
|
3 |
the estimated excise tax. |
|
4 |
(b) Pursuant to the provisions of this section, all motor vehicles shall be assessed a value |
|
5 |
by the vehicle value commission. That value shall be assessed according to the provisions of § 44- |
|
6 |
34-11(c)(1) and in accordance with the terms as defined in subsection (d) of this section; provided, |
|
7 |
however, that the maximum taxable value percentage applicable to model year values as of |
|
8 |
December 31, 1997, shall continue to be applicable in future year valuations aged by one year in |
|
9 |
each succeeding year. |
|
10 |
(c)(1) The motor vehicle excise tax phase-out shall commence with the excise tax bills |
|
11 |
mailed to taxpayers for the fiscal year 2000. The phase-out, beyond fiscal year 2003, shall be |
|
12 |
subject to annual review and appropriation by the general assembly. The tax assessors of the various |
|
13 |
cities and towns and fire districts shall reduce the average retail value of each vehicle assessed by |
|
14 |
using the prorated exemptions from the following table: |
|
15 |
Local Fiscal Year Exempt from value Local Exemption State fiscal year Reimbursement |
|
16 |
fiscal year 1999 0 $1,500 |
|
17 |
fiscal year 2000 $1,500 $2,500 |
|
18 |
fiscal year 2001 $2,500 $3,500 |
|
19 |
fiscal year 2002 $3,500 $4,500 |
|
20 |
fiscal years 2003, 2004 and 2005 $4,500 $4,500 |
|
21 |
for fiscal year 2006 and $5,000 $5,000 |
|
22 |
for fiscal year 2007 $6,000 $6,000 |
|
23 |
for fiscal years 2008, 2009 and 2010 the exemption and the state fiscal year reimbursement |
|
24 |
shall be increased, at a minimum, to the maximum amount to the nearest two hundred and fifty |
|
25 |
dollar ($250) increment within the allocation of one and twenty-two hundredths percent (l.22%) of |
|
26 |
net terminal income derived from video lottery games pursuant to the provisions of § 42-61-15, |
|
27 |
and in no event shall the exemption in any fiscal year be less than the prior fiscal year. |
|
28 |
|
|
29 |
five hundred dollars ($500). Cities and towns may provide an additional exemption; provided, |
|
30 |
however, any such additional exemption shall not be subject to reimbursement. |
|
31 |
(ii) For fiscal year 2018, cities, towns, and fire districts shall provide an exemption equal |
|
32 |
to the greater of one thousand dollars ($1,000) or the exemption in effect in fiscal year 2017. |
|
33 |
(iii) For fiscal year 2019, cities, towns, and fire districts shall provide an exemption equal |
|
34 |
to the greater of two thousand dollars ($2,000) or the exemption in effect in fiscal year 2017. |
|
|
|
|
1 |
(iv) For fiscal year 2020, cities, towns, and fire districts shall provide an exemption equal |
|
2 |
to the greater of three thousand dollars ($3,000) or the exemption in effect in fiscal year 2017. |
|
3 |
(v) For fiscal year 2021, cities, towns, and fire districts shall provide an exemption equal |
|
4 |
to the greater of four thousand dollars ($4,000) or the exemption in effect in fiscal year 2017. |
|
5 |
(vi) For fiscal year 2022, cities, towns, and fire districts shall provide an exemption equal |
|
6 |
to the greater of five thousand dollars ($5,000) or the exemption in effect in fiscal year 2017. |
|
7 |
(vii) For fiscal year 2023, cities, towns, and fire districts shall provide an exemption equal |
|
8 |
to the greater of six thousand dollars ($6,000) or the exemption in effect in fiscal year 2017. |
|
9 |
(viii) For fiscal year 2024 and thereafter, no tax shall be levied. |
|
10 |
(2) The excise tax phase-out shall provide levels of assessed value reductions until the tax |
|
11 |
is eliminated or reduced as provided in this chapter. |
|
12 |
(3) Current exemptions shall remain in effect as provided in this chapter. |
|
13 |
(4) The excise tax rates and ratios of assessment shall be maintained at a level identical to |
|
14 |
the level in effect for fiscal year 1998 for each city, town, and fire district; provided, in the town of |
|
15 |
Johnston the excise tax rate and ratios of assessment shall be maintained at a level identical to the |
|
16 |
level in effect for fiscal year 1999 levels and the levy of a city, town, or fire district shall be limited |
|
17 |
to the lesser of the maximum taxable value or net assessed value for purposes of collecting the tax |
|
18 |
in any given year. Provided, however, for fiscal year 2011 |
|
19 |
the rates and ratios of assessment may be less than but not more than the rates described in this |
|
20 |
subsection (4). |
|
21 |
(5) For fiscal year 2018 and thereafter, the excise tax rate applied by a city, town, or fire |
|
22 |
district, shall not exceed the rate in effect in fiscal year 2017 and shall not exceed the rate set forth |
|
23 |
below: |
|
24 |
Fiscal Year Tax Rate (Per $1,000 of Value) |
|
25 |
2018 $60.00 |
|
26 |
2019 $50.00 |
|
27 |
2020 $35.00 |
|
28 |
2021 $35.00 |
|
29 |
2022 $30.00 |
|
30 |
2023 $20.00 |
|
31 |
(6) In no event shall a taxpayer be billed more than the prior year for a vehicle owned up |
|
32 |
to the same number of days unless an increased bill is the result of no longer being eligible for a |
|
33 |
local tax exemption. |
|
34 |
(d) Definitions. |
|
|
|
|
1 |
(1) "Maximum taxable value" means the value of vehicles as prescribed by § 44-34-11 |
|
2 |
reduced by the percentage of assessed value applicable to model year values as determined by the |
|
3 |
Rhode Island vehicle value commission as of December 31, 1997, for the vehicles valued by the |
|
4 |
commission as of December 31, 1997. For all vehicle value types not valued by the Rhode Island |
|
5 |
vehicle value commission as of December 31, 1997, the maximum taxable value shall be the latest |
|
6 |
value determined by a local assessor from an appropriate pricing guide, multiplied by the ratio of |
|
7 |
assessment used by that city, town, or fire district for a particular model year as of December 31, |
|
8 |
1997. |
|
9 |
(2) "Net assessed value" means the motor vehicle values as determined in accordance with |
|
10 |
§ 44-34-11 less all personal exemptions allowed by cities, towns, fire districts, and the state of |
|
11 |
Rhode Island exemption value as provided for in § 44-34.1-1(c)(1). |
|
12 |
(e) If any provision of this chapter shall be held invalid by any court of competent |
|
13 |
jurisdiction, the remainder of this chapter and the applications of the provisions hereof shall not be |
|
14 |
effected thereby. |
|
15 |
44-34.1-2. City and town and fire district reimbursement. |
|
16 |
(a) In fiscal years 2000 and thereafter, cities and towns and fire districts shall receive |
|
17 |
reimbursements, as set forth in this section, from state general revenues equal to the amount of lost |
|
18 |
tax revenue due to the phase out or reduction of the excise tax. Cities and towns and fire districts |
|
19 |
shall receive advance reimbursements through state fiscal year 2002. In the event the tax is phased |
|
20 |
out, cities and towns and fire districts shall receive a permanent distribution of sales tax revenue |
|
21 |
pursuant to § 44-18-18 in an amount equal to any lost revenue resulting from the excise tax |
|
22 |
elimination. Lost revenues must be determined using a base tax rate fixed at fiscal year 1998 levels |
|
23 |
for each city, town, and fire district, except that the Town of Johnston's base tax rate must be fixed |
|
24 |
at a fiscal year 1999 level. Provided, however, for fiscal year 2011 and thereafter, the base tax rate |
|
25 |
may be less than but not more than the rates described in this subsection (a). |
|
26 |
(b) (1) The director of administration shall determine the amount of general revenues to be |
|
27 |
distributed to each city and town and fire district for the fiscal years 1999 and thereafter so that |
|
28 |
every city and town and fire district is held harmless from tax loss resulting from this chapter, |
|
29 |
assuming that tax rates are indexed to inflation through fiscal year 2003. |
|
30 |
(2) The director of administration shall index the tax rates for inflation by applying the |
|
31 |
annual change in the December Consumer Price Index -- All Urban Consumers (CPI-U), published |
|
32 |
by the Bureau of Labor Statistics of the United States Department of Labor, to the indexed tax rate |
|
33 |
used for the prior fiscal year calculation; provided, that for state reimbursements in fiscal years |
|
34 |
2004 and thereafter, the indexed tax rate shall not be subject to further CPI-U adjustments. The |
|
|
|
|
1 |
director shall apply the following principles in determining reimbursements: |
|
2 |
(i) Exemptions granted by cities and towns and fire districts in the fiscal year 1998 must |
|
3 |
be applied to assessed values prior to applying the exemptions in § 44-34.1-1(c)(1). Cities and |
|
4 |
towns and fire districts will not be reimbursed for these exemptions. |
|
5 |
(ii) City, town, and fire districts shall be reimbursed by the state for revenue losses |
|
6 |
attributable to the exemptions provided for in § 44-34.1-1 and the inflation indexing of tax rates |
|
7 |
through fiscal 2003. Reimbursement for revenue losses shall be calculated based upon the |
|
8 |
difference between the maximum taxable value less personal exemptions and the net assessed |
|
9 |
value. |
|
10 |
(iii) Inflation reimbursements shall be the difference between: |
|
11 |
(A) The levy calculated at the tax rate used by each city and town and fire district for fiscal |
|
12 |
year 1998 after adjustments for personal exemptions but prior to adjustments for exemptions |
|
13 |
contained in § 44-34.1-1(c)(1); provided, that for the town of Johnston the tax rate used for fiscal |
|
14 |
year 1999 must be used for the calculation; and |
|
15 |
(B) The levy calculated by applying the appropriate cumulative inflation adjustment |
|
16 |
through state fiscal 2003 to the tax rate used by each city and town and fire district for fiscal year |
|
17 |
1998; provided, that for the town of Johnston the tax rate used for fiscal year 1999 shall be used |
|
18 |
for the calculation after adjustments for personal exemptions but prior to adjustments for |
|
19 |
exemptions contained in § 44-34.1-1. |
|
20 |
(3) For fiscal year 2018 and thereafter, each city, town and fire district shall tax motor |
|
21 |
vehicles and trailers pursuant to chapter 34 of title 44 using the same motor vehicle and trailer |
|
22 |
excise tax calculation methodology that was employed for fiscal year 2017, where motor vehicle |
|
23 |
and trailer excise tax calculation methodology refers to the application of specific tax practices and |
|
24 |
the order of operations in the determination of the tax levied on any given motor vehicle and/or |
|
25 |
trailer. |
|
26 |
(4) Each city, town and fire district shall report to the department of revenue, as part of the |
|
27 |
submission of the certified tax levy pursuant to §44-5-22, the motor vehicle and trailer excise tax |
|
28 |
calculation methodology that was employed for fiscal year 2017. For fiscal year 2018 and |
|
29 |
thereafter, the department of revenue is authorized to confirm that each city, town or fire district |
|
30 |
has used the same motor vehicle and trailer excise tax methodology as was used in fiscal year 2017 |
|
31 |
and the department of revenue shall have the final determination as to whether each city, town or |
|
32 |
fire district has in fact complied with this requirement. Should the department of revenue determine |
|
33 |
that a city, town or fire district has failed to cooperate or comply with the requirement in this |
|
34 |
section, the city, town or fire district's reimbursement for the items noted in §§44-34.1-2(c)(13)(i) |
|
|
|
|
1 |
through (c)(13)(iv) shall be withheld until such time as the department of revenue deems the city, |
|
2 |
town or fire district to be in compliance. |
|
3 |
(5) For purposes of reimbursement for the items noted in §§44-34.1-2(c)(13)(i) through |
|
4 |
(c)(13)(iv), the FY 2018 baseline from which the reimbursement amount shall be calculated is |
|
5 |
defined as the motor vehicle and trailer excise tax levy that would be generated by applying the |
|
6 |
fiscal year 2017 motor vehicle and trailer excise tax calculation methodology to the assessed value |
|
7 |
of motor vehicles and trailers as of fiscal year 2017. The amount of reimbursement that each city, |
|
8 |
town or fire district receives shall be the difference between the FY 2018 baseline and the certified |
|
9 |
motor vehicle and trailer excise tax levy as submitted by each city, town and fire district as |
|
10 |
confirmed by the department of revenue. The department of revenue shall determine the |
|
11 |
reimbursement amount for each city, town and fire district. |
|
12 |
(6) For fiscal year 2020 and thereafter, the department of revenue shall assess the feasibility |
|
13 |
of standardizing the motor vehicle and trailer excise tax calculation methodology across all cities, |
|
14 |
towns and fire departments. Based on this assessment, the department of revenue may make |
|
15 |
recommendations for changes to the motor vehicle and trailer excise tax calculation methodology |
|
16 |
as well as other provisions related to the taxation of motor vehicles and trailers. |
|
17 |
(c)(1) Funds shall be distributed to the cities and towns and fire districts as follows: |
|
18 |
(i) On October 20, 1998, and each October 20 thereafter through October 20, 2001, twenty- |
|
19 |
five percent (25%) of the amount calculated by the director of administration to be the difference |
|
20 |
for the upcoming fiscal year. |
|
21 |
(ii) On February 20, 1999, and each February 20 thereafter through February 20, 2002, |
|
22 |
twenty-five percent (25%) of the amount calculated by the director of administration to be the |
|
23 |
difference for the upcoming fiscal year. |
|
24 |
(iii) On June 20, 1999, and each June 20 thereafter through June 20, 2002, fifty percent |
|
25 |
(50%) of the amount calculated by the director of administration to be the difference for the |
|
26 |
upcoming fiscal year. |
|
27 |
(iv) On August 1, 2002, and each August 1 thereafter, twenty-five percent (25%) of the |
|
28 |
amount calculated by the director of administration to be the difference for the current fiscal year. |
|
29 |
(v) On November 1, 2002, and each November 1 thereafter, twenty-five percent (25%) of |
|
30 |
the amount calculated by the director of administration to be the difference for the current fiscal |
|
31 |
year. |
|
32 |
(vi) On February 1, 2003, and each February 1 thereafter, twenty-five percent (25%) of the |
|
33 |
amount calculated by the director of administration to be the difference for the current fiscal year. |
|
34 |
(vii) On May 1, 2003, and each May 1 thereafter, except May 1, 2010, twenty-five percent |
|
|
|
|
1 |
(25%) of the amount calculated by the director of administration to be the difference for the current |
|
2 |
fiscal year. |
|
3 |
(viii) On June 15, 2010, twenty-five percent (25%) of the amount calculated by the director |
|
4 |
of administration to be the difference for the current fiscal year. |
|
5 |
Provided, however, the February and May payments, and June payment in 2010, shall be |
|
6 |
subject to submission of final certified and reconciled motor vehicle levy information. |
|
7 |
(2) Each city, town, or fire district shall submit final certified and reconciled motor vehicle |
|
8 |
levy information by August 30 of each year. Any adjustment to the estimated amounts paid in the |
|
9 |
previous fiscal year shall be included or deducted from the payment due November 1. |
|
10 |
(3) On any of the payment dates specified in paragraphs (1)(i) through (vii) of this |
|
11 |
subsection, the director is authorized to deduct previously made over-payments or add |
|
12 |
supplemental payments as may be required to bring the reimbursements into full compliance with |
|
13 |
the requirements of this chapter. |
|
14 |
(4) For the city of East Providence, the payment schedule is twenty-five percent (25%) on |
|
15 |
February 20, 1999, and each February 20 thereafter through February 20, 2002, twenty-five percent |
|
16 |
(25%) on June 20, 1999, and each June 20 thereafter through June 20, 2002, which includes final |
|
17 |
reconciliation of the previous year's payment, and fifty percent (50%) on October 20, 1999, and |
|
18 |
each October 20 thereafter through October 20, 2002. For local fiscal years 2003 and thereafter, |
|
19 |
the payment schedule is twenty-five percent (25%) on each November 1, twenty-five percent (25%) |
|
20 |
on each February 1, twenty-five percent (25%) on each May 1, which includes final reconciliation |
|
21 |
of the previous year's payment, and twenty-five percent (25%) on each August 1; provided, the |
|
22 |
May and August payments shall be subject to submission of final certified and reconciled motor |
|
23 |
vehicle levy information. |
|
24 |
(5) When the tax is phased out, funds distributed to the cities, towns, and fire districts for |
|
25 |
the following fiscal year shall be calculated as the funds distributed in the fiscal year of the phase- |
|
26 |
out. Twenty-five percent (25%) of the amounts calculated shall be distributed to the cities and |
|
27 |
towns and fire districts on August 1, in the fiscal year of the phase-out, twenty-five percent (25%) |
|
28 |
on the following November 1, twenty-five percent (25%) on the following February 1, and twenty- |
|
29 |
five percent (25%) on the following May 1. The funds shall be distributed to each city and town |
|
30 |
and fire district in the same proportion as distributed in the fiscal year of the phase-out. |
|
31 |
(6) When the tax is phased out to August 1, of the following fiscal year the director of |
|
32 |
administration shall calculate to the nearest tenth of one cent ($.001) the number of cents of sales |
|
33 |
tax received for the fiscal year ending June 30, of the year following the phase-out equal to the |
|
34 |
amount of funds distributed to the cities, towns, and fire districts under this chapter during the fiscal |
|
|
|
|
1 |
year following the phase-out and the percent of the total funds distributed in the fiscal year |
|
2 |
following the phase-out received by each city, town, and fire district, calculated to the nearest one- |
|
3 |
hundredth of one percent (0.01%). The director of the department of administration shall transmit |
|
4 |
those calculations to the governor, the speaker of the house, the president of the senate, the |
|
5 |
chairperson of the house finance committee, the chairperson of the senate finance committee, the |
|
6 |
house fiscal advisor, and the senate fiscal advisor. The number of cents, applied to the sales taxes |
|
7 |
received for the prior fiscal year, shall be the basis for determining the amount of sales tax to be |
|
8 |
distributed to the cities and towns and fire districts under this chapter for second fiscal year |
|
9 |
following the phase-out and each year thereafter. The cities and towns and fire districts shall receive |
|
10 |
that amount of sales tax in the proportions calculated by the director of administration as that |
|
11 |
received in the fiscal year following the phase-out. |
|
12 |
(7) When the tax is phased out, twenty-five percent (25%) of the funds shall be distributed |
|
13 |
to the cities, towns, and fire districts on August 1, of the following fiscal year and every August 1 |
|
14 |
thereafter; twenty-five percent (25%) shall be distributed on the following November 1, and every |
|
15 |
November 1 thereafter; twenty-five percent (25%) shall be distributed on the following February |
|
16 |
1, and every February 1 thereafter; and twenty-five percent (25%) shall be distributed on the |
|
17 |
following May 1, and every May 1 thereafter. |
|
18 |
(8) For the city of East Providence, in the event the tax is phased out, twenty-five percent |
|
19 |
(25%) shall be distributed on November 1, of the following fiscal year and every November 1 |
|
20 |
thereafter, twenty-five percent (25%) shall be distributed on the following February 1, and every |
|
21 |
February 1 thereafter; twenty-five percent (25%) shall be distributed on the following May 1, and |
|
22 |
every May 1 thereafter; and twenty-five percent (25%) of the funds shall be distributed on the |
|
23 |
following August 1, and every August 1 thereafter. |
|
24 |
(9) As provided for in § 44-34-6, the authority of fire districts to tax motor vehicles is |
|
25 |
eliminated effective with the year 2000 tax roll and the state reimbursement for fire districts shall |
|
26 |
be based on the provisions of § 44-34-6. All references to fire districts in this chapter do not apply |
|
27 |
to the year 2001 tax roll and thereafter. |
|
28 |
(10) For reimbursements payable in the year ending June 30, 2008 and thereafter, the |
|
29 |
director of administration shall discount the calculated value of the exemption to ninety-eight |
|
30 |
percent (98%) in order to establish a collection rate that is comparable to the collection rate |
|
31 |
achieved by municipalities in the levy of the motor vehicle excise tax. |
|
32 |
(11) For reimbursements payable in the year ending June 30, 2010, the director of |
|
33 |
administration shall reimburse cities and towns eighty-eight percent (88%) of the reimbursements |
|
34 |
payable pursuant to subdivision (c)(10) above. |
|
|
|
|
1 |
(12) For fiscal year 2011 |
|
2 |
cities and towns for the exemption pursuant to |
|
3 |
reduced to the appropriation. |
|
4 |
(13) For fiscal year 2018 and thereafter, each city, town and fire district shall receive a |
|
5 |
reimbursement equal to the amount received in fiscal year 2017 plus an amount equal to the |
|
6 |
reduction from the FY 2018 baseline, as defined in subsection (b)(5) of this section, resulting from |
|
7 |
changes in: |
|
8 |
(i) The assessment percentage set forth in §44-34-11(c)(1)(iii); |
|
9 |
(ii) The excise tax rate set forth in §44-34.1-1(c)(5); |
|
10 |
(iii) Exemptions set forth in §44-34.1-1(c)(1); and |
|
11 |
(iv) Exemptions for vehicles more than fifteen (15) years old as set forth in §44-34-2. |
|
12 |
(14) In the event any city, town, or fire district sent out or sends out tax bills for fiscal year |
|
13 |
2018, which do not conform with the requirements of this act, the city, town, or fire district shall |
|
14 |
ensure that the tax bills for fiscal year 2018 are adjusted or an abatement is issued to conform to |
|
15 |
the requirements of this act. |
|
16 |
SECTION 4. This article shall take effect on July 1, 2017. |
|
|
|
======= |
||
art.012/3/012/2/012/1 |
||
======= |
||
1 |
ARTICLE 12 |
|
2 |
RELATING TO EDUCATION AID |
|
3 |
SECTION 1. Section 16-7.2-6 of the General Laws in Chapter 16-7.2 entitled "The |
|
4 |
Education Equity and Property Tax Relief Act" is hereby amended to read as follows: |
|
5 |
16-7.2-6. Categorical programs, state funded expenses. |
|
6 |
In addition to the foundation education aid provided pursuant to § 16-7.2-3, the permanent |
|
7 |
foundation education-aid program shall provide direct state funding for: |
|
8 |
(a) Excess costs associated with special education students. Excess costs are defined when |
|
9 |
an individual special education student's cost shall be deemed to be "extraordinary". Extraordinary |
|
10 |
costs are those educational costs that exceed the state-approved threshold based on an amount |
|
11 |
above five times the core foundation amount (total of core-instruction amount plus student success |
|
12 |
amount). The department of elementary and secondary education shall prorate the funds available |
|
13 |
for distribution among those eligible school districts if the total approved costs for which school |
|
14 |
districts are seeking reimbursement exceed the amount of funding appropriated in any fiscal year; |
|
15 |
and the department of elementary and secondary education shall also collect data on those |
|
16 |
educational costs that exceed the state-approved threshold based on an amount above four (4) times |
|
17 |
the core-foundation amount. |
|
18 |
(b) Career and technical education costs to help meet initial investment requirements |
|
19 |
needed to transform existing, or create new, comprehensive, career and technical education |
|
20 |
programs and career pathways in critical and emerging industries and to help offset the higher- |
|
21 |
than-average costs associated with facilities, equipment maintenance and repair, and supplies |
|
22 |
necessary for maintaining the quality of highly specialized programs that are a priority for the state. |
|
23 |
The department shall develop criteria for the purpose of allocating any and all career and technical |
|
24 |
education funds as may be determined by the general assembly on an annual basis. The department |
|
25 |
of elementary and secondary education shall prorate the funds available for distribution among |
|
26 |
those eligible school districts if the total approved costs for which school districts are seeking |
|
27 |
reimbursement exceed the amount of funding available in any fiscal year; |
|
28 |
(c) Programs to increase access to voluntary, free, high-quality pre-kindergarten programs. |
|
29 |
The department shall recommend criteria for the purpose of allocating any and all early childhood |
|
30 |
program funds as may be determined by the general assembly; |
|
|
|
|
1 |
(d) Central Falls, Davies, and the Met Center Stabilization Fund is established to assure |
|
2 |
that appropriate funding is available to support their students. Additional support for Central Falls |
|
3 |
is needed due to concerns regarding the city's capacity to meet the local share of education costs. |
|
4 |
This fund requires that education aid calculated pursuant to § 16-7.2-3 and funding for costs outside |
|
5 |
the permanent foundation education-aid formula, including, but not limited to, transportation, |
|
6 |
facility maintenance, and retiree health benefits shall be shared between the state and the city of |
|
7 |
Central Falls. The fund shall be annually reviewed to determine the amount of the state and city |
|
8 |
appropriation. The state's share of this fund may be supported through a reallocation of current state |
|
9 |
appropriations to the Central Falls school district. At the end of the transition period defined in § |
|
10 |
16-7.2-7, the municipality will continue its contribution pursuant to § 16-7-24. Additional support |
|
11 |
for the Davies and the Met Center is needed due to the costs associated with running a stand-alone |
|
12 |
high school offering both academic and career and technical coursework. The department shall |
|
13 |
recommend criteria for the purpose of allocating any and all stabilization funds as may be |
|
14 |
determined by the general assembly; and |
|
15 |
(e) Excess costs associated with transporting students to out-of-district non-public schools |
|
16 |
and within regional school districts. (1) This fund will provide state funding for the costs associated |
|
17 |
with transporting students to out-of-district non-public schools, pursuant to chapter 21.1 of title 16. |
|
18 |
The state will assume the costs of non-public out-of-district transportation for those districts |
|
19 |
participating in the statewide system; and (2) This fund will provide direct state funding for the |
|
20 |
excess costs associated with transporting students within regional school districts, established |
|
21 |
pursuant to chapter 3 of title 16. This fund requires that the state and regional school district share |
|
22 |
equally the student transportation costs net any federal sources of revenue for these expenditures. |
|
23 |
The department of elementary and secondary education shall prorate the funds available for |
|
24 |
distribution among those eligible school districts if the total approved costs for which school |
|
25 |
districts are seeking reimbursement exceed the amount of funding available in any fiscal year. |
|
26 |
(f) Public school districts that are regionalized shall be eligible for a regionalization bonus |
|
27 |
as set forth below. |
|
28 |
(1) As used herein, the term "regionalized" shall be deemed to refer to a regional school |
|
29 |
district established under the provisions of chapter 3 of title 16 including the Chariho Regional |
|
30 |
School district. |
|
31 |
(2) For those districts that are regionalized as of July 1, 2010, the regionalization bonus |
|
32 |
shall commence in FY 2012. For those districts that regionalize after July 1, 2010, the |
|
33 |
regionalization bonus shall commence in the first fiscal year following the establishment of a |
|
34 |
regionalized school district as set forth in chapter 3 of title 16, including the Chariho Regional |
|
|
|
|
1 |
School District. |
|
2 |
(3) The regionalization bonus in the first fiscal year shall be two percent (2.0%) of the |
|
3 |
state's share of the foundation education aid for the regionalized district as calculated pursuant to |
|
4 |
§§ 16-7.2-3 and 16-7.2-4 in that fiscal year. |
|
5 |
(4) The regionalization bonus in the second fiscal year shall be one percent (1.0%) of the |
|
6 |
state's share of the foundation education aid for the regionalized district as calculated pursuant to |
|
7 |
§§ 16-7.2-3 and 16-7.2-4 in that fiscal year. |
|
8 |
(5) The regionalization bonus shall cease in the third fiscal year. |
|
9 |
(6) The regionalization bonus for the Chariho regional school district shall be applied to |
|
10 |
the state share of the permanent foundation education aid for the member towns. |
|
11 |
(7) The department of elementary and secondary education shall prorate the funds available |
|
12 |
for distribution among those eligible regionalized school districts if the total, approved costs for |
|
13 |
which regionalized school districts are seeking a regionalization bonus exceed the amount of |
|
14 |
funding appropriated in any fiscal year. |
|
15 |
(g) Additional state support for
English learners (EL). |
|
16 |
to support EL students shall be determined by multiplying an EL factor of ten percent (10%) by the |
|
17 |
core-instruction per-pupil amount defined in § 16-7.2-3(a)(1) and applying that amount of |
|
18 |
additional state support to EL students identified using widely adopted, independent standards and |
|
19 |
assessments identified by the Commissioner. All categorical funds distributed pursuant to this |
|
20 |
subsection must be used to provide high-quality, research-based services to EL students and |
|
21 |
managed in accordance with requirements set forth by the commissioner of elementary and |
|
22 |
secondary education. The department of elementary and secondary education shall collect |
|
23 |
performance reports from districts and approve the use of funds prior to expenditure. The |
|
24 |
department of elementary and secondary education shall ensure the funds are aligned to activities |
|
25 |
that are innovative and expansive and not utilized for activities the district is currently funding. The |
|
26 |
department of elementary and secondary education shall prorate the funds available for distribution |
|
27 |
among eligible recipients if the total calculated costs exceed the amount of funding available in any |
|
28 |
fiscal year. |
|
29 |
(h) Categorical programs defined in (a) through (f) shall be funded pursuant to the |
|
30 |
transition plan in § 16-7.2-7. |
|
31 |
SECTION 2. Section 16-95-4 of the General Laws in Chapter 16-95 entitled "The |
|
32 |
Recovery High Schools Act [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" |
|
33 |
is hereby amended to read as follows: |
|
34 |
16-95-4. Transfer of aid. |
|
|
|
|
1 |
(a) Any school district in Rhode Island that may have a student, or students, who are |
|
2 |
currently or were last enrolled in said district and who are diagnosed with substance-use disorder |
|
3 |
or dependency, as defined by the Diagnostic and Statistical Manual of Mental Disorders IV-TR, |
|
4 |
may be referred to a Rhode Island recovery high school by a clinician licensed pursuant to chapter |
|
5 |
69 of title 5 for voluntary enrollment in such school. If said student is admitted to said school, the |
|
6 |
sending school district shall ensure that payment, pursuant to subsection (b) for students who attend |
|
7 |
the recovery high school, is paid, and further, that upon completion of all other graduation |
|
8 |
requirements, said student or students shall receive a diploma. |
|
9 |
(b) A sending school district shall transfer the per-pupil core-instructional amount, |
|
10 |
pursuant to chapter 7.2 of title 16 ("The Education Equity and Property Tax Relief Act") to a |
|
11 |
recovery high school for any student attending the recovery high school and meeting the following |
|
12 |
criteria: (1) The student is currently enrolled in the district or currently resides in the municipality |
|
13 |
in which the district is located; (2) The student is considered by a clinician, licensed pursuant to |
|
14 |
chapter 69 of title 5, to be clinically appropriate, using the criteria for substance-use disorders as |
|
15 |
defined in the Diagnostic and Statistical Manual of Mental Disorders IV-TR; and (3) The student |
|
16 |
meets all matriculation criteria as outlined by the sending district and the department of elementary |
|
17 |
and secondary education, with determination of academic eligibility based on existing |
|
18 |
documentation provided by the district. The district and the recovery high school shall arrange to |
|
19 |
confer a diploma when a student completes state- and district-mandated graduation requirements. |
|
20 |
(c) |
|
21 |
($500,000) for the administration and programmatic costs of each recovery high school. |
|
22 |
(d) A recovery high school shall submit to the council on elementary and secondary |
|
23 |
education academic data considered necessary by the board to provide information regarding each |
|
24 |
student's academic performance, subject to applicable health confidentiality laws and regulations. |
|
25 |
(e) The council on elementary and secondary education, in consultation with the |
|
26 |
department of behavioral health, developmental disabilities and hospitals shall promulgate rules |
|
27 |
and regulations as necessary to implement and carry out the intent of this chapter. |
|
28 |
SECTION 3. Section 16-100-3 of the General Laws in Chapter 16-100 entitled "Dual |
|
29 |
Enrollment Equal Opportunity Act" is hereby amended to read as follows: |
|
30 |
16-100-3. Policy implemented. |
|
31 |
(a) The Board of Education shall prescribe by regulation a statewide dual enrollment policy |
|
32 |
that shall allow students to enroll in courses at postsecondary institutions to satisfy academic credit |
|
33 |
requirements in both high school and the aforementioned postsecondary institutions. The |
|
34 |
regulations shall address the postsecondary institution's graduation requirements, if any; the |
|
|
|
|
1 |
institution's ability to award degrees/certificates in Rhode Island; the minimum course grade to |
|
2 |
receive credit at the student's secondary school; and any other criteria that the Board deems |
|
3 |
appropriate. |
|
4 |
(b) The board shall convene a workgroup, including, but not limited to, representatives |
|
5 |
from the department of elementary and secondary education, the office of higher education, |
|
6 |
superintendents, school committees, public higher education institutions, guidance counselors, and |
|
7 |
teachers. The purpose of the workgroup is to consider and advise the board as to a dual enrollment |
|
8 |
policy and its possible effect on school funding pursuant to section 16-7.2, academic supports, |
|
9 |
transportation, possible shared costs of the education, possible fee schedules, manners in which |
|
10 |
low-income students could access the program and, possible contracted tuition costs with our public |
|
11 |
higher education institutions. |
|
12 |
(c) Notwithstanding any law to the contrary, payments to public institutions of higher |
|
13 |
education for dual and concurrent enrollment shall be limited to no greater than the appropriation |
|
14 |
contained in the Appropriations Act. On or before September 30, 2017, the Council on |
|
15 |
Postsecondary Education shall promulgate rules and regulations enforcing this limitation. |
|
16 |
SECTION 3. This article shall take effect upon passage. |
|
|
|
======= |
||
art.013/2/021/1 |
||
======= |
||
1 |
ARTICLE 13 |
|
2 |
RELATING TO DEPARTMENT OF LABOR AND TRAINING FEES AND FINES |
|
3 |
SECTION 1. Section 5-6-24 of the General Laws in Chapter 5-6 entitled "Electricians" is |
|
4 |
hereby amended to read as follows: |
|
5 |
5-6-24. Apprentices –
Registration |
|
6 |
(a) This chapter does not forbid the employment of one properly limited registered |
|
7 |
apprentice electrician working with and under the direct personal supervision of a licensed |
|
8 |
journeyperson electrician. Additionally, this chapter does not forbid the employment of: (1) one |
|
9 |
properly registered apprentice oil burnerperson working with and under the direct personal |
|
10 |
supervision of a licensed oil burnerperson; (2) one properly registered apprentice fire alarm installer |
|
11 |
working with and under the direct personal supervision of a licensed fire alarm installer; or (3) two |
|
12 |
(2) properly registered apprentice electrical sign installer working with and under the direct |
|
13 |
personal supervision of a licensed electrical sign installer; (4) one properly registered apprentice |
|
14 |
maintenance electrician working with and under the direct personal supervision of a valid Class C |
|
15 |
or Class D license holder; or (5) one properly registered apprentice lightning protection installer |
|
16 |
working with and under the direct personal supervision of a licensed lightning protection installer |
|
17 |
(LPI). |
|
18 |
|
|
19 |
division of professional regulation immediately upon employment with a properly licensed |
|
20 |
electrical contractor or lightning protection contractor. |
|
21 |
(b) Indentured apprentice electricians are required to work a minimum of eight thousand |
|
22 |
(8,000) hours over a period of time of not less than four (4) years and successfully complete one |
|
23 |
hundred forty-four (144) hours of related instruction per year in an indentured apprenticeship |
|
24 |
program approved by the Rhode Island department of labor and training, to qualify for the |
|
25 |
journeyperson "B" electrician examination; provided, however, apprentices may receive credit for |
|
26 |
one hundred forty-four (144) hours of classroom training gained in a vocational school authorized |
|
27 |
by the board of regents for elementary and secondary education and approved by the Rhode Island |
|
28 |
department of labor and training apprenticeship council. Provided, that the test applicant has |
|
29 |
possessed for at least four (4) years prior to the filing of the application a certificate of registration |
|
30 |
in full force and effect from the department of labor and training of Rhode Island specifying the |
|
|
|
|
1 |
person as an indentured apprentice, and the application of an applicant is accompanied by an |
|
2 |
affidavit or affidavits of his or her employer or former employers or other reasonably satisfactory |
|
3 |
evidence showing that the applicant has been actually engaged in electrical work as an apprentice |
|
4 |
in Rhode Island during those four (4) years, or the application is accompanied by an affidavit or |
|
5 |
other reasonably satisfactory evidence showing that the applicant has successfully completed a |
|
6 |
course of study in a recognized college or university and has pursued a course of electrical |
|
7 |
technology for at least two (2) academic years or is the recipient of an associate degree in electrical |
|
8 |
technology, and has thereafter been indentured by the department of labor and training as an |
|
9 |
apprentice for at least two (2) years and employed as an indentured apprentice by a duly licensed |
|
10 |
electrician master in this state for a period of two (2) years, or a showing that the applicant possesses |
|
11 |
a certificate of license issued under the laws of another state. Limited registered apprentice |
|
12 |
electricians shall be required to work a minimum of four thousand (4,000) hours over a period of |
|
13 |
time of not less than two (2) years. |
|
14 |
(c) Indentured apprentice maintenance electricians are required to work a minimum of six |
|
15 |
thousand (6,000) hours over a period of time of not less than three (3) years and successfully |
|
16 |
complete a one hundred forty-four (144) hours of related instruction per year in an indentured |
|
17 |
apprenticeship program approved by the Rhode Island department of labor and training, to qualify |
|
18 |
for the journeyperson "M" electrician examination. Provided, however, that the test applicant has |
|
19 |
possessed for at least three (3) years prior to the filing of the application a certificate of registration |
|
20 |
in full force and effect from the department of labor and training of Rhode Island specifying the |
|
21 |
person as an indentured apprentice, and the application of an applicant is accompanied by an |
|
22 |
affidavit or affidavits of his or her employer or former employers or other reasonably satisfactory |
|
23 |
evidence showing that the applicant has been actually engaged in electrical work as an apprentice |
|
24 |
in Rhode Island during those three (3) years. Class M journeyperson electricians may qualify to |
|
25 |
take the journeyperson "B" electrician examination upon registering as a fourth year apprentice and |
|
26 |
becoming employed by a properly licensed Class A electrical contractor for that period of time. |
|
27 |
(d) Apprentice lightning protection installers are required to work a minimum of four |
|
28 |
thousand (4,000) hours over a period of time of not less than two (2) years to qualify for the |
|
29 |
lightning protection installer (LPI) examination. Provided, that the test applicant has possessed for |
|
30 |
at least two (2) years prior to the filing of the application a certificate of registration in full force |
|
31 |
and effect from the department of labor and training of Rhode Island specifying the person as an |
|
32 |
apprentice lightning protection installer, and the application of an applicant is accompanied by an |
|
33 |
affidavit or affidavits of his or her employer or former employers or other reasonably satisfactory |
|
34 |
evidence showing that the applicant has been actually engaged in lightning protection work as an |
|
|
|
|
1 |
apprentice during those two (2) years. |
|
2 |
SECTION 2. Section 5-20-25 of the General Laws in Chapter 5-20 entitled "Plumbers, |
|
3 |
Irrigators and Water System Installers" is hereby amended to read as follows: |
|
4 |
5-20-25. Registration of Apprentices. |
|
5 |
(a) Any person who has agreed to work a minimum of eight thousand (8,000) hours over a |
|
6 |
period of time of not less than five (5) years under the direct supervision and instruction of a master |
|
7 |
plumber or journeyperson plumber as an apprentice to learn the plumbing business, and that |
|
8 |
agreement is approved by the division of professional
regulation, shall be registered |
|
9 |
|
|
10 |
labor and training and have issued to him or her |
|
11 |
|
|
12 |
|
|
13 |
|
|
14 |
(b) Any person who has agreed to work a minimum of two thousand (2,000) hours over a |
|
15 |
period of time of not less than one year under the direct supervision and instruction of a master |
|
16 |
irrigator or a journeyperson irrigator as an apprentice to learn the irrigation business, and that |
|
17 |
agreement is approved by the division of professional
regulation, shall be registered |
|
18 |
|
|
19 |
labor and training and have issued to him or her |
|
20 |
|
|
21 |
|
|
22 |
|
|
23 |
(c) Any person who has agreed to work a minimum of two thousand (2,000) hours over a |
|
24 |
period of time of not less than one year, under the direct supervision and instruction of a master |
|
25 |
water-filtration/treatment-system installer or a journeyperson water-filtration/treatment-system |
|
26 |
installer, as an apprentice to learn the water-filtration/treatment business, and that agreement is |
|
27 |
approved by the division of professional regulation, shall be
registered |
|
28 |
|
|
29 |
training and have issued to them |
|
30 |
showing that person to be a registered apprentice. |
|
31 |
|
|
32 |
|
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33 |
SECTION 3. Section 28-27-18 of the General Laws in Chapter 28-27 entitled "Mechanical |
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Trades" is hereby amended to read as follows: |
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28-27-18. Registration of Apprentices. |
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(a) Any person who has agreed to work under the supervision of a licensed pipefitter, |
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refrigeration/air conditioning, sprinkler fitter or sheet metal master under a state sanctioned |
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apprenticeship program shall be registered by the director of
labor and training |
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(b) The minimum formal training period for a P.J.F. limited class II license shall be one |
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hundred sixty (160) hours of classroom and/or laboratory technical training, approved by the |
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department of labor and training. The fee schedules for the P.J.F. limited license are detailed in § |
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28-27-5.2. All other sections of this chapter shall remain in full force and effect. |
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SECTION 4. Sections 28-45-9.1 and 28-45-13.1 of the General Laws in Chapter 28-45 |
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entitled "Apprenticeship Programs in Trade and Industry" are hereby repealed. |
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SECTION 5. Section 5-6-32 of the General Laws entitled "Electricians" is hereby amended |
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to read as follows: |
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5-6-32. Authority of director to assess penalty. |
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(a) The director may assess an administrative penalty on any person, firm, or corporation |
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for any violation of the provisions of this chapter, after notice and a hearing, before and upon the |
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recommendation of the board of examiners of electricians in the
amount of |
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labor and training department under this section shall be placed in the restricted receipts account |
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created pursuant to § 28-22-1.1. This section is in addition to any other action provided by law for |
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violations of this chapter. |
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(b) The chief of the section shall act as an investigator with respect to the enforcement of |
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all the provisions of law relative to the licensing of electricians and, to this effect, whenever a |
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complaint is made by the chief of the section to the director of the department of labor and training |
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or his or her designee that the provisions of this chapter are being violated, the director of the |
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department of labor and training or his or her designee may issue an order to cease and desist from |
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that violation and may impose the above penalties against the violator and against the contractor. |
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SECTION 6. Chapter 28-14 of the General Laws entitled "Payment of Wages" is hereby |
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amended by adding thereto the following section: |
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28-14-17.1. Administrative Assessment. |
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(a) Any employer found to have violated the provisions of this chapter upon final |
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determination by the department of labor and training, including claims settled |
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via settlement agreement and administrative hearing shall be assessed an administrative |
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penalty equal to fifteen percent (15%) to twenty five percent (25%) of the amount of back wages |
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ordered to be paid for a first violation within a three (3) year period. For subsequent violations |
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within a three (3) year period the assessment shall equal twenty five percent (25%) to fifty percent |
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(50%) of the amount of back wages ordered to be paid. |
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(b) In determining the amount of any penalty imposed under this section, the director or |
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his or her designee shall consider the good faith of the employer, the gravity of the violation, the |
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history of previous violations and whether or not the violation was an innocent mistake or willful |
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violation. |
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SECTION 7. Section 28-14-19.1 of the General Laws entitled "Payment of Wages" is |
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hereby amended to ready as follows: |
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28-14-19.1. Misclassification of employees. |
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(a) The misclassification of a worker whether performing work as a natural person, |
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business, corporation or entity of any kind, as an independent contractor when the worker should |
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be considered and paid as an employee shall be considered a violation of this chapter. |
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(b) In addition to any other relief in which any department or an aggrieved party may be |
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entitled for such a violation, the employer shall be liable for a civil penalty in an amount not less |
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than |
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three thousand ($3,000) dollars for each misclassified employee for a first offense and up to five |
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thousand dollars ($5,000) for each misclassified employee for any subsequent offense, which shall |
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be shared equally between the department and the aggrieved party. |
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(c) In determining the amount of any penalty imposed under this section, the director or his |
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or her designee shall consider the size of the employer's business, the good faith of the employer, |
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the gravity of the violation, the history of previous violations, and whether or not the violation was |
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an innocent mistake or willful. |
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(d) A violation of this section may be adjudicated under § 28-14-19 and consolidated with |
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any labor standards violation or under §§ 37-13-14.1 and 15 and consolidated with any prevailing |
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wage violation. |
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(e) A violation of this section may be brought or adjudicated by any division of the |
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department of labor and training. |
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(f) The department shall notify the contractor's registration board and the tax administrator |
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of any violation of this section. |
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SECTION 8. Sections 28-42-38.1, 28-42-64, 28-42-65 and 28-42-66 of the General Laws |
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in Chapter 28-42 entitled "Employment Security – General Provisions" are hereby amended to read |
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as follows: |
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28-42-38.1. Quarterly wage reports. |
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(a)(1) The department of labor and training is designated and constituted the agency within |
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this state charged with the responsibility of collecting quarterly wage information, as required by |
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42 U.S.C. § 1302b-7. Each employer shall be required to submit a detailed wage report to the |
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director, for all calendar quarters within thirty (30) days after the end of each quarter in a form and |
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manner prescribed by the director, listing each employee's name, social security account number, |
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the total amount of wages paid to each employee, and any other information that the director deems |
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necessary. All reports shall be in addition to those now required by the department. |
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(2) The department will utilize the quarterly wage information that it collects from |
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employers to establish an individual's eligibility for unemployment insurance benefits and to |
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determine the amount and duration of benefits for all new claims filed. |
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(3) Notwithstanding any provisions of chapters 42 – 44 of this title to the contrary, the |
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department may utilize employee quarterly wage information submitted by employers to measure |
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the progress of the state in meeting the performance measures developed in response to United |
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States Public Law 105-220, the Workforce Investment Act of 1998 (see 29 U.S.C. § 2801 et seq.), |
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further provided however, that the department may verify certain employee quarterly wage |
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information for the local workforce investment board and provide it with the verified data under |
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procedures established by rules and regulations promulgated by the director. The director shall also |
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make the quarterly wage information available, upon request, to the agencies of other states in the |
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performance of their public duties under the Workforce Investment Act of 1998 in that state. This |
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information shall be made available only to the extent required by the Secretary of Labor and |
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necessary for the valid administrative needs of the authorized agencies, and all agencies requesting |
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this data shall protect it from unauthorized disclosure. The department shall be reimbursed by the |
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agencies requesting the information for the costs incurred in providing the information. |
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(4) Notwithstanding any provisions of chapters 42 – 44 of this title to the contrary, the |
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department may provide quarterly wage information to the United States Census Bureau for the |
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purpose of participating in a joint local employment dynamics program with the United States |
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Census Bureau and the Bureau of Labor Statistics. |
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(5) Notwithstanding any provisions of chapter 42-44 of this title to the contrary, the |
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department may provide employee quarterly wage information to the department's designated |
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research partners for the purpose of its workforce data quality and workforce innovation fund |
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initiatives. The provision of these records will be done in accordance with an approved data-sharing |
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agreement between the department and its designated research partners that protects the security |
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and confidentiality of these records and through procedures established by protocols, rules and/or |
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regulations as determined necessary by the director and appropriately established or promulgated. |
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(b) Notwithstanding any inconsistent provisions of chapters 42 – 44 of this title, an |
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employer who fails to file a detailed wage report in the manner and at the times required by |
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subsection (a) of this section for any calendar quarter shall pay a penalty of twenty-five dollars |
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($25.00) for each failure or refusal to file. An additional penalty of twenty-five dollars ($25.00) |
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shall be assessed for each month the report is delinquent; provided, that this penalty shall not exceed |
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shall be paid into the employment security tardy account fund and if any employer fails to pay the |
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penalty, when assessed, it shall be collected by civil action as provided in § 28-43-18. |
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28-42-64. Failure to make contributions or reports. |
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Any individual, or employing unit or its agent, who knowingly fails or refuses to make any |
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contribution or other payment required of an employing unit under chapters 42 – 44 of this title, or |
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who knowingly fails or refuses to make any contribution or report at the time and in the manner |
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required by the regulations adopted as prescribed in these chapters, shall upon conviction be |
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punished by a fine of not less than |
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sixty (60) days, or by both the fine and imprisonment, and each day of that failure or refusal shall |
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constitute a separate and distinct offense. If the employer in question is a corporation, every officer |
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of the corporation who knowingly participates in any violation specified in this section shall be |
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subject to these penalties. |
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28-42-65. Pecuniary penalty for failure to file reports or pay contributions. |
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An employer who fails to file any reports required under chapters 42 – 44 of this title, or |
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who fails or refuses to pay any contributions required under those chapters in the manner and at the |
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times as required by the law and regulations or as the director may, in accordance with these |
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chapters, prescribe, shall pay a penalty of |
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failure or refusal to file, and where any contribution is due, shall pay an additional penalty of ten |
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percent (10%) of the amount due. The foregoing penalties shall be paid into the employment |
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security tardy account fund, and shall be in addition to contributions and interest required to be |
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paid as provided in chapters 42 – 44 of this title. If any employer fails to pay a penalty, when |
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assessed, it shall be collected by civil action as provided in § 28-43-18. |
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28-42-66. Penalty for violations generally. |
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Any violation of any provision of chapters 42 – 44 of this title or of any order, rule, or |
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regulation of the board of review after consultation with the director, for which a penalty is neither |
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prescribed above nor provided by any other applicable statute, shall be punished by a fine of not |
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less than |
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two hundred dollars ($200.00), or by imprisonment not longer than thirty (30) days, or by both the |
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fine and imprisonment. |
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SECTION 9. This article shall take effect as of July 1, 2017. |
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art.014/2/003/3/003/2/020/1 |
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1 |
ARTICLE 14 |
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RELATING TO MINIMUM WAGES |
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SECTION 1. Section 28-12-3 of the General Laws in Chapter 28-12 entitled “Minimum |
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4 |
Wages” is hereby amended to read as follows: |
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5 |
28-12-3. Minimum wages. |
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(a) Every employer shall pay to each of his or her employees: commencing July 1, 1999, |
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at least the minimum wage of five dollars and sixty-five cents ($5.65) per hour. Commencing |
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September 1, 2000, the minimum wage is six dollars and fifteen cents ($6.15) per hour. |
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(b) Commencing January 1, 2004, the minimum wage is six dollars and seventy-five cents |
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($6.75) per hour. |
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(c) Commencing March 1, 2006, the minimum wage is seven dollars and ten cents ($7.10) |
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per hour. |
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(d) Commencing January 1, 2007, the minimum wage is seven dollars and forty cents |
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($7.40) per hour. |
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(e) Commencing January 1, 2013, the minimum wage is seven dollars and seventy-five |
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cents ($7.75) per hour. |
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(f) Commencing January 1, 2014, the minimum wage is eight dollars ($8.00) per hour. |
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(g) Commencing January 1, 2015, the minimum wage is nine dollars ($9.00) per hour. |
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(h) Commencing January 1, 2016, the minimum wage is nine dollars and sixty cents ($9.60) |
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per hour. |
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21 |
(i) Commencing January 1, 2018, the minimum wage is ten dollars and ten cents ($10.10) |
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per hour. |
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23 |
(j) Commencing January 1, 2019, the minimum wage is ten dollars and fifty cents ($10.50) |
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per hour. |
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SECTION 2. This article shall take effect upon passage. |
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art.015/2/024/1 |
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1 |
ARTICLE 15 |
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2 |
RELATING TO EFFECTIVE DATE |
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3 |
SECTION 1. This act shall take effect as of July 1, 2017, except as otherwise provided |
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4 |
herein. |
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5 |
SECTION 2. This article shall take effect upon passage. |
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