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     ARTICLE 4

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     RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS

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     SECTION  This article shall serve as joint resolution required pursuant to Rhode Island

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General Law § 35-18-1, et seq. and propose legislation related thereto.

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     SECTION  Enterprise Resource Planning Information Technology Improvements

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     WHEREAS, The funds generated from the sale of State property to be deposited into the

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information technology investment fund will be insufficient to fund the Enterprise Resource

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Planning system and application upgrades that are required and anticipated by the State in the

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immediate future; and

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     WHEREAS, The projects which make up the Enterprise Resource Planning System and

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are not able to be financed through the information technology investment fund include, but are not

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limited to: department of administration statewide human resources, payroll, grants management,

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and financial information software applications; and

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     WHEREAS, Modernizing the existing enterprise software applications will greatly reduce

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risk and increase security, enable new capabilities, and address significant repeat audit findings

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from the office of the auditor general; and

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     WHEREAS, The total project costs associated with these information technology

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improvements are estimated to be seventy three million seven hundred thousand dollars

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($73,700,000). Of those project costs, eighteen million nine hundred thousand dollars

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($18,900,000) will be financed from the information technology internal service fund. The balance

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of fifty four million eight hundred thousand ($54,800,000) may be financed through two series of

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certificates of participation. Thirty six million three hundred thousand dollars ($36,300,000) may

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be issued in fiscal year 2021 with a term of seven (7) years, and eighteen million five hundred

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thousand dollars ($18,500,000) may be issued in fiscal year 2023 with a term of seven (7) years.

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Total debt service on the bonds is not expected to exceed sixty one million dollars ($61,000,000)

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in the aggregate based on an estimated average interest rate of two and seventy five hundredths

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percent (2.75%); now, therefore be it

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     RESOLVED, That this general assembly hereby approves financing in an amount not to

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exceed fifty four million eight hundred thousand dollars ($54,800,000) for the provision of

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information technology improvements, which includes costs of financing; and be it further

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     RESOLVED, That this joint resolution shall take effect immediately upon its passage by

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the General Assembly.

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     SECTION  DCYF Child Welfare Information System Replacement

 

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     WHEREAS, The Rhode Island department of children, youth, and families is a department

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of the State of Rhode Island, exercising public and essential governmental functions of the State,

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created by the General Assembly pursuant to chapter 72 of title 42; and

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     WHEREAS, A new Statewide Automated Child Welfare Information System would be a

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comprehensive, automated case management tool that supports child welfare practice. This

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information system would be a complete, current accurate and unified case management history of

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all children and families served by Rhode Island’s Title IV-E. Such modern systems allow child

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welfare agencies to respond more adeptly to changes in standards and practices, as well as provide

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advanced analytics and data to ensure that children in care are kept safe; and

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     WHEREAS, The current department of children, youth, and families Child Welfare

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Information System (RICHIST) is over twenty two (22) years old and relies on dated technology

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(Sybase with PowerBuilder). The system has been highly customized over the years and is difficult

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to maintain. This technology, as set up today, impedes current child welfare practice through its

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lack of configurability, lack of mobile access for workers in the field, and lack of access to real-

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time information when making decisions impacting child placement and services. The system is

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currently on premise supported by a vendor. This dated technology also makes it difficult to acquire

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appropriate technical support to work on the system.); and

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     WHEREAS, The project costs associated with the replacement of RICHIST are estimated

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to be twenty eight million dollars ($28,000,000) and implementation costs would be shared by the

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federal government at forty percent (40%) begin in fiscal year 2021.

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     WHEREAS, The total payments on the State’s obligation over ten (10) years on the state’s

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share of seventeen million dollars ($17,000,000) issuance are projected to be nineteen million seven

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hundred thousand dollars ($19,700,000), assuming an estimated average interest rate of two and

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seventy five hundredths percent (2.75%). The payments would be financed within the department

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of administration from general revenue appropriations; and

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     WHEREAS, The department of children, youth, and families will be able to leverage

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federal funding available to pay for forty percent (40%) of the system implementation costs during

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development; now, therefore be it

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     RESOLVED, That this general assembly hereby approves financing in an amount not to

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exceed seventeen million dollars ($17,000,000) for the provision of replacing the department of

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children, youth, and families child welfare information system, including costs of financing; and

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be it further

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     RESOLVED, That this joint resolution shall take effect immediately upon its passage by

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the General Assembly.

 

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     SECTION  Eleanor Slater Hospital Project-Regan Building Renovation

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     WHEREAS, The Eleanor Slater Hospital ("Hospital") provides long-term care for

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approximately two hundred twenty (220) individuals with complex psychiatric and medical needs

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on two campuses: Pastore and Zambarano; and

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     WHEREAS, The Hospital is licensed by the Rhode Island department of health and

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accredited triennially by the Joint Commission for the Accreditation of Health Care Organizations

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("JCAHO") that enables it to bill Medicare, Medicaid, and commercial insurances for the care it

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provides; and

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     WHEREAS, The Hospital generates approximately fifty five million dollars ($55,000,000)

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in revenue annually; and

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     WHEREAS, The Eleanor Slater Hospital at Pastore Center has patients with psychiatric

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needs who are currently in three buildings (Benton, Regan and Adolph Meyer) of which Regan and

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Adolph Meyer are older buildings that have not been renovated in many years; and have been cited

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by the JCAHO for a significant number of ligature risks that exist; and

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     WHEREAS, In January 2017, the Center for Medicare and Medicaid Services (“CMS”)

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published standards designed to address the increased number of suicides and suicide attempts in

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hospitals; such standards required significant renovations to reduce ligature risks on inpatient

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psychiatric units; and

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     WHEREAS, In September 2017, JCAHO performed its triennial survey, identified

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significant ligature risks at the Pinel, Regan and the Adolph Meyer Buildings and as a result, gave

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the Hospital a conditional accreditation, requiring it to submit a remedial action plan to address the

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ligature risks in all three buildings; and

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     WHEREAS, The Regan and the Adolph Meyer Buildings currently do not meet JCAHO

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and CMS requirements and a loss of accreditation for failure to meet the submitted plan could lead

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to the loss of approximately fifty five million dollars ($55,000,000) in annual revenue; and

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     WHEREAS, The Hospital submitted a plan to JCAHO to renovate both the Benton Center

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and the Regan Building, and to close the Pinel and Adolph Meyer Buildings, thus enabling it to

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achieve full accreditation; and

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     WHEREAS, The Hospital has completed renovations at the Benton Center converting it to

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a forensic psychiatric hospital and closed the Pinel building; and

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     WHEREAS, A renovation of the Adolph Meyer Building is not feasible and not financially

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prudent due to the magnitude of renovations required to achieve compliance; and

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     WHEREAS, The Regan Building is newer, has fewer ligature risks and has two floors

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currently not housing patients; and

 

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     WHEREAS, There are significant ligature risks that exist in Adolph Meyer and the current

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size of the units are twelve (12) to fifteen (15) beds which are too small to be efficient in hospitals,

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while the size of the patient care units in Regan are twenty-four (24) to twenty-eight (28) beds -

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more typical of patient care units today; and

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     WHEREAS, Closing the Adolph Meyer Building will enable the Hospital to reduce

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operating costs and address the deficiencies cited by the JCAHO; and

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     WHEREAS, The current Regan facility is underutilized and can accommodate additional

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bed capacity once renovations are complete; and

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     WHEREAS, To accommodate the remaining psychiatric patients from the Adolph Meyer

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Building, the Regan building requires extensive renovations to meet the current building standards

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for psychiatric inpatient units, including requirements for ligature resistant features, program areas,

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step down areas, quiet rooms, restraint rooms and private rooms that currently do not exist in the

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Regan or the Adolph Meyer Buildings; and

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     WHEREAS, The renovated Regan facility will have a total of one hundred six (106) beds

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with larger inpatient units and program space within the units, allowing the closure of Adolph

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Meyer, thus enabling the Hospital to reduce operating costs and develop programs to assist patients

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in their recovery and ultimate discharge; and

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     WHEREAS, Due to its age and deferred maintenance, the Regan Building requires

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significant infrastructure upgrades including: elevator replacement, masonry and envelope leak

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repair, and a roof replacement with an estimated total cost of nineteen million dollars

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($19,000,000); and

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     WHEREAS, The capital costs associated with this project are estimated to be sixty one

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million, eight hundred fifty thousand dollars ($61,850,000). This includes twenty seven million

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eight hundred fifty thousand dollars ($27,850,000) from the Rhode Island Capital Plan Fund for

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the renovation of the Benton and Regan Buildings and twenty two million ($22,000,000) from a

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previous authorization of Certificates of Participation and a new issuance of Certificates of

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Participation totaling twelve million dollars ($12,000,000) to finance the Regan Building

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renovations. Total lease payments over fifteen (15) years on the new $12,000,000 issuance are

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projected to be fourteen million eight hundred thousand ($14,800,000), assuming an estimated

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average interest rate of two and seventy five hundredths percent (2.75%). The lease payments

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would be financed within the department of administration from general revenue appropriations;

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now, therefore be it

 

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     RESOLVED, That a renovation of the Regan Building as part of Eleanor Slater Hospital,

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is critical to provide patients with an environment that meets current building standards for

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psychiatric hospitals and to meet CMS and JCAHO accreditation requirements; and be it further

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     RESOLVED, This General Assembly hereby approves the issuance of certificates of

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participation in an amount not to exceed twelve million dollars ($12,000,000) for the renovation of

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the Regan Building, including costs of financing, as part of the Eleanor Slater Hospital; and be it

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further

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     RESOLVED, That this joint resolution shall apply to bonds issued within five (5) years of

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the date of passage of this resolution; and be it further

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     RESOLVED, That this joint resolution shall take effect upon passage by this general

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assembly.

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     SECTION  Department of Public Safety – Southern Barracks

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     WHEREAS, After Master Planning Services for facilities operated, controlled and

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occupied by the Rhode Island state police (“Division”) and Feasibility Study Services for the

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Wickford, Hope Valley and Portsmouth Barracks was conducted; and

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     WHEREAS, The Master Planning Committee comprised of contracted Architectural &

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Engineering Design Services, members of Rhode Island state police, the division of capital asset

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management and maintenance, and the office of management and budget collaborated; and

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     WHEREAS, The Master Plan and Feasibility Study indicates that the improvements of the

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current Wickford, Hope Valley and Portsmouth Barracks are not feasible as they were built in the

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1930s, are undersized, are no longer located along the main thoroughfares of the State, are in poor

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condition with environmental health issues, are not Americans with Disability Act (ADA) and code

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compliant, have inadequate security and technology infrastructure and are expensive to operate and

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maintain; and,

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     WHEREAS, The Master Plan recommends consolidation of services provided by the

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Wickford, Hope Valley and Portsmouth barracks by constructing one consolidated modern

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southern barracks at approximately thirty eight thousand (38,000) square feet to accommodate

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eighty (80) sworn Division personnel located in a centralized area of the State best suitable for

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deployment of personnel and accessibility to citizens and motorists; and

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     WHEREAS, The project costs associated with the construction of a new, modern southern

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barracks for the Division are estimated to be thirty five million dollars ($35,000,000). The total

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payments on the State’s obligation over fifteen (15) years are projected to be forty three million

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two hundred thousand dollars ($43,200,000), assuming an estimated average interest rate of two

 

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and seventy five hundredths percent (2.75%). The payments would be financed within the

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department of administration from general revenue appropriations; now, therefore, be it

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     RESOLVED, That the General Assembly hereby approves financing in an amount not to

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exceed thirty five million dollars ($35,000,000) for the provision of financing for construction of

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a southern barracks including costs of financing at the site determined to be best suitable by the

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Master Plan Committee; and be it further

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     RESOLVED, That this Joint Resolution shall take effect immediately upon its passage by

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this General Assembly.

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     SECTION  Joint Resolution and Enactment Approving the Financing of Various

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Department of Transportation Projects

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     WHEREAS, The Rhode Island department of transportation (“Department”) is a

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department of the State of Rhode Island, exercising public and essential governmental functions of

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the State, created by the general assembly pursuant to chapter 13 of title 42 (as enacted, reenacted

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and amended, the "Act"); and

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     WHEREAS, The State recognizes that the Henderson Bridge and other facilities of or

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within the control of the Department are an essential part of the State's transportation system and

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facilitates the tourism industry; and it is the policy of the State that the public welfare and the further

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economic development and the prosperity of the state requires the maintenance of such facilities

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and the financing thereof; and

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     WHEREAS, The United States Department of Transportation Appropriations Act, 2019,

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title I of division G, Public Law 116-6 includes one-time funding to the State of approximately

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seventy million dollars ($70,000,000) and increases to annual formula funding of approximately

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fifteen million dollars ($15,000,000); and

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     WHEREAS, Obligating federal funds towards infrastructure projects requires State

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matching funds; and

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     WHEREAS, Existing State transportation funds are committed to active transportation

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infrastructure projects as programmed in the State Transportation Improvement Program; and

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     WHEREAS, The design, construction, equipping and completion of these improvements

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will be financed in whole or in part either through revenue bonds issued pursuant to the Motor Fuel

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Revenue Bonds Program by the State or through revenue bonds issued pursuant to the Motor Fuel

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Revenue Bonds Program by the Rhode Island commerce corporation ("Commerce Corporation")

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or through revenue bonds issued pursuant to the Motor Fuel Revenue Bonds Program by another

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agency, instrumentality or quasi-public corporation established by the State now or hereafter and

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otherwise authorized and empowered pursuant to law to issue bonds of the type referenced herein

 

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for the types of projects enumerated herein, with either issuance having an expected term of fifteen

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(15) years; and

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     WHEREAS, Pursuant to § 31-36-20, two cents ($0.02) per gallon of the motor fuel tax is

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transferred to an indenture trustee, administrator, or other third party fiduciary, in an amount not to

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exceed two cents ($0.02) per gallon of the gas tax imposed, in order to satisfy debt service payments

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on aggregate bonds issued pursuant to a Joint Resolution and Enactment approving the financing

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of various department projects; and

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     WHEREAS, Pursuant to §§ 35-18-3 and 35-18-4 of the Rhode Island Public Corporation

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Debt Management Act (as enacted, reenacted and amended, the "Debt Management Act"), the

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Department hereby requests the approval by the General Assembly of the issuance of not more than

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sixty four million two hundred forty five thousand dollars ($64,245,000) Motor Fuel Revenue

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Bonds with a term not to exceed fifteen (15) years (the “bonds”) to be secured by motor fuel taxes

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and/or other revenues, for the purpose of providing funds to finance the renovation, renewal, repair,

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rehabilitation, retrofitting, upgrading and improvement of the Henderson Bridge, and other projects

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authorized under the act, replacement of the components thereof, working capital, capitalized

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interest, a debt service reserve and the costs of issuing and insuring the Bonds ("Project"); and

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     WHEREAS, The Project constitutes essential public facilities directly benefiting the State;

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and

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     WHEREAS, The State shall directly benefit economically from the Project by the repair,

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maintenance and improvement of the State transportation infrastructure; now, therefore, be it

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     RESOLVED AND ENACTED, That this General Assembly finds that the Henderson

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Bridge replacement and other bridge and highway capital projects identified in the State

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Transportation Improvement Program are essential public facilities and are of a type and nature

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consistent with the purposes and within the powers of the Department to undertake, and hereby

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approves the issuance of not more than $64,245,000 in bonds, which amount is in addition to all

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prior authorizations; and be further

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     RESOLVED, That the bonds be issued by the State of Rhode Island or the Commerce

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Corporation or a subsidiary thereof or other agency, instrumentality or quasi-public corporation

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established by the State now or hereafter and otherwise authorized and empowered pursuant to law

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to issue bonds of the type referenced herein for the types of projects enumerated herein and to incur

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and pay debt service payments for such bonds in an amount not to exceed eighty two million four

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hundred thousand dollars ($82,400,000) as specified herein for bonds issued for Henderson Bridge

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and other bridge and highway capital projects, such debt service payments to be made from the

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Motor Fuel Tax Allocation, as hereinafter defined, or such other revenue source as the Rhode Island

 

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general assembly shall designate from time to time, for the construction, design, maintenance,

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completion, finance costs, including, but not limited to, costs of issuance, credit enhancement, legal

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counsel and underwriter fees and expenses and other costs associated with the Henderson Bridge

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replacement and other bridge and highway capital projects; and be it further

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     RESOLVED, That any bonds or notes issued pursuant to Section 6 of this Joint Resolution

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and Act shall not constitute “State debt” within the meaning of Article 6, Section 16 of the Rhode

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Island Constitution and shall be the obligations of only the issuer of such obligations; and be it

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further

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     RESOLVED, That the governor of the State of Rhode Island or the director of the Rhode

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Island department of transportation or the director of the Rhode Island department of administration

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or the president of the Commerce Corporation each be and each hereafter are, acting singly,

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authorized and empowered by the Rhode Island general assembly to enter into a financing lease,

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guarantee, loan and trust agreement, indenture or other obligations or contracts or agreements and

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to take such other actions as such official shall deem necessary or appropriate in order to issue or

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facilitate the issuance of bonds referenced herein and to provide the Commerce Corporation or any

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subsidiary thereof or other instrumentality, agency or quasi-public corporation otherwise

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authorized and empowered to issue the bonds specified in this Joint Resolution and Act for the

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projects specified above with the necessary debt service payments up to the amounts specified

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above and the necessary security for such bonds consistent with the provisions of this Joint

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Resolution and Act, including any action to pledge, assign or otherwise transfer the right to receive

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all or any portion of revenues permitted by the laws of the State to secure or provide for the payment

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of any such bonds; and be it further

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     RESOLVED, That, this Joint Resolution shall take effect upon passage; and be it further

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     RESOLVED, That any issuance of bonds or notes authorized in the preceding paragraphs

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may be effectuated in an aggregate principal amount representing the sum of the authorized State

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Match Bonds, and that the Rhode Island General Laws be amended as follows:

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     SECTION  Section 31-36-20 of the General Laws in Chapter 31-36 entitled "Motor Fuel

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Tax" is hereby amended to read as follows:

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     31-36-20. Disposition of proceeds. -- (a) Notwithstanding any other provision of law to

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the contrary, all moneys paid into the general treasury under the provisions of this chapter or chapter

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37 of this title, and title 46 shall be applied to and held in a separate fund and be deposited in any

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depositories that may be selected by the general treasurer to the credit of the fund, which fund shall

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be known as the Intermodal Surface Transportation Fund; provided, that in fiscal year 2004 for the

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months of July through April six and eighty-five hundredth cents ($0.0685) per gallon of the tax

 

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imposed and accruing for the liability under the provisions of § 31-36-7, less refunds and credits,

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shall be transferred to the Rhode Island public transit authority as provided under § 39-18-21. For

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the months of May and June in fiscal year 2004, the allocation shall be five and five hundredth

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cents ($0.0505). Thereafter, until fiscal year 2006, the allocation shall be six and twenty-five

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hundredth cents ($0.0625). For fiscal years 2006 through FY 2008, the allocation shall be seven

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and twenty-five hundredth cents ($0.0725); provided, that expenditures shall include the costs of a

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market survey of non-transit users and a management study of the agency to include the feasibility

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of moving the Authority into the Department of Transportation, both to be conducted under the

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auspices of the state budget officer. The state budget officer shall hire necessary consultants to

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perform the studies, and shall direct payment by the Authority. Both studies shall be transmitted by

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the Budget Officer to the 2006 session of the General Assembly, with comments from the

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Authority. For fiscal year 2009, the allocation shall be seven and seventy-five hundredth cents

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($0.0775), of which one-half cent ($0.005) shall be derived from the one cent ($0.01) per gallon

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environmental protection fee pursuant to § 46-12.9-11. For fiscal years 2010 and thereafter, the

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allocation shall be nine and seventy-five hundredth cents ($0.0975), of which of one-half cent

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($0.005) shall be derived from the one cent ($0.01) per gallon environmental protection fee

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pursuant to § 46-12.9-11. One cent ($0.01) per gallon shall be transferred to the Elderly/Disabled

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Transportation Program of the department of human services, and the remaining cents per gallon

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shall be available for general revenue as determined by the following schedule:

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     (i) For the fiscal year 2000, three and one fourth cents ($0.0325) shall be available for

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general revenue.

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     (ii) For the fiscal year 2001, one and three-fourth cents ($0.0175) shall be available for

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general revenue.

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     (iii) For the fiscal year 2002, one-fourth cent ($0.0025) shall be available for general

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revenue.

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     (iv) For the fiscal year 2003, two and one-fourth cent ($0.0225) shall be available for

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general revenue.

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     (v) For the months of July through April in fiscal year 2004, one and four-tenths cents

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($0.014) shall be available for general revenue. For the months of May through June in fiscal year

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2004, three and two-tenths cents ($0.032) shall be available for general revenue, and thereafter,

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until fiscal year 2006, two cents ($0.02) shall be available for general revenue. For fiscal year 2006

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through fiscal year 2009 one cent ($0.01) shall be available for general revenue.

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     (2) All deposits and transfers of funds made by the tax administrator under this section,

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including those to the Rhode Island public transit authority, the department of human services, the

 

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Rhode Island turnpike and bridge authority, and the general fund, shall be made within twenty-four

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(24) hours of receipt or previous deposit of the funds in question.

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     (3) Commencing in fiscal year 2004, the Director of the Rhode Island Department of

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Transportation is authorized to remit, on a monthly or less frequent basis as shall be determined by

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the Director of the Rhode Island Department of Transportation, or his or her designee, or at the

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election of the Director of the Rhode Island Department of Transportation, with the approval of the

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Director of the Department of Administration, to an indenture trustee, administrator, or other third

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party fiduciary, in an amount not to exceed two cents ($0.02) per gallon of the gas tax imposed, in

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order to satisfy debt service payments on aggregate bonds issued pursuant to a Joint Resolution and

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Enactment Approving the Financing of Various Department of Transportation Projects adopted

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during the 2003 session and during the 2020 session of the General Assembly, and approved by the

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Governor.

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     (4) Commencing in fiscal year 2015, three and one-half cents ($0.035) shall be transferred

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to the Rhode Island Turnpike and Bridge Authority to be used for maintenance, operations, capital

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expenditures and debt service on any of its projects as defined in chapter 12 of title 24 in lieu of a

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toll on the Sakonnet River Bridge. The Rhode Island turnpike and bridge authority is authorized to

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remit to an indenture trustee, administrator, or other third-party fiduciary any or all of the foregoing

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transfers in order to satisfy and/or secure its revenue bonds and notes and/or debt service payments

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thereon, including, but not limited to, the bonds and notes issued pursuant to the Joint Resolution

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set forth in Section 3 of Article 6 of Chapter 23 of the Public Laws of 2010. Notwithstanding any

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other provision of said Joint Resolution, the Rhode Island turnpike and bridge authority is expressly

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authorized to issue bonds and notes previously authorized under said Joint Resolution for the

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purpose of financing all expenses incurred by it for the formerly authorized tolling of the Sakonnet

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River Bridge and the termination thereof.

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     (b) Notwithstanding any other provision of law to the contrary, all other funds in the fund

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shall be dedicated to the department of transportation, subject to annual appropriation by the general

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assembly. The director of transportation shall submit to the general assembly, budget office and

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office of the governor annually an accounting of all amounts deposited in and credited to the fund

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together with a budget for proposed expenditures for the succeeding fiscal year in compliance with

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§§ 35-3-1 and 35-3-4. On order of the director of transportation, the state controller is authorized

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and directed to draw his or her orders upon the general treasurer for the payments of any sum or

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portion of the sum that may be required from time to time upon receipt of properly authenticated

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vouchers.

 

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     (c) At any time the amount of the fund is insufficient to fund the expenditures of the

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department of transportation, not to exceed the amount authorized by the general assembly, the

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general treasurer is authorized, with the approval of the governor and the director of administration,

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in anticipation of the receipts of monies enumerated in § 31-36-20 to advance sums to the fund, for

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the purposes specified in § 31-36-20, any funds of the state not specifically held for any particular

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purpose. However, all the advances made to the fund shall be returned to the general fund

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immediately upon the receipt by the fund of proceeds resulting from the receipt of monies to the

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extent of the advances.

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      SECTION  This article shall take effect upon passage.

 

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