CHAPTER 77
2001-H 6100A am
Enacted 7/5/2001


A  N     A   C   T

MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2002

Introduced By:  Representatives Watson, Callahan, Fleury, Mumford & W.H. Murphy Date Introduced:   February 14, 2001

It is enacted by the General Assembly as follows:

ARTICLE 1

MAKING APPROPRIATIONS IN SUPPORT OF FY 2002

ARTICLE 2

RELATING TO REFUNDING BOND AUTHORITY

ARTICLE 3

RELATING TO SINKING FUND

ARTICLE 4

RELATING TO A JOINT LEGISLATIVE COMMISSION

 

TO STUDY THE FEASIBILITY OF ESTABLISHING A

 

DEPARTMENT OF VETERANS AFFAIRS AS A

 

SEPARATE DEPT. OF STATE GOVERNMENT

ARTICLE 5

RELATING TO REVISED APPROPRIATIONS

ARTICLE 6

RELATING TO STATE AID - TOWNS AND CITIES

ARTICLE 7

RELATING TO TAXATION

ARTICLE 8

RELATING TO HOSPITAL LICENSING FEE

ARTICLE 9

RELATING TO CHILD CARE-STATE SUBSIDIES

ARTICLE 10

RELATING TO CHILD CARE ELIGIBILITY

ARTICLE 11

RELATING TO ENVIRONMENTAL MANAGEMENT

ARTICLE 12

RELATING TO GENERAL PUBLIC ASSISTANCE

ARTICLE 13

RELATING TO MEDICAL ASSISTANCE

ARTICLE 14

RELATING TO LICENSING OF HEALTH CARE PROFESSIONALS

ARTICLE 15

RELATING TO FOOD PROTECTION

ARTICLE 16

RELATING TO MOTOR VEHICLES -- MOTOR FUEL TAX

ARTICLE 17

RELATING TO A JOINT LEGISLATIVE COMMISSION TO

 

STUDY THE STRUCTURAL ISSUES ASSOCIATED WITH THE STATE OF

 

RHODE ISLAND'S LONG TERM CARE SYSTEM

ARTICLE 18

RELATING TO STATE CONTRIBUTIONS TO RETIREMENT

ARTICLE 19

RELATING TO LIMITATIONS ON STATE EXPENDITURES

ARTICLE 20

RELATING TO STATE POLICE

ARTICLE 21

RELATING TO RESOURCE RECOVERY CORPORATION

ARTICLE 22

RELATING TO EDUCATION AID

ARTICLE 23

RELATING TO PROCEEDINGS IN FAMILY COURT

ARTICLE 24

RELATING TO COMPENSATION OF BOARD MEMBERS

ARTICLE 25

RELATING TO HOSPITAL UNCOMPENSATED CARE

ARTICLE 26

RELATING TO STATE AFFAIRS AND GOVERNMENT -

 

PHARMACEUTICAL ASSISTANCE TO THE ELDERLY

ARTICLE 27

RELATING TO STATE EMPLOYEES

ARTICLE 28

RELATING TO DEVELOPMENTAL DISABILITIES

ARTICLE 29

RELATING TO STATEAFFAIRS AND GOVERNMENT - DEPARTMENT OF ADMINISTRATION

ARTICLE 30

RELATING TO EFFECTIVE DATE


ARTICLE 1 SUBSTITUTE A AS AMENDED

RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2002

SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained in this act, the following general revenue amounts are hereby appropriated out of any money in the treasury not otherwise appropriated to be expended during the fiscal year ending June 30, 2002. The amounts identified for federal funds and restricted receipts shall be made available pursuant to section 35-4-22 and Chapter 41 of Title 42 of the Rhode Island General Laws. For the purposes and functions hereinafter mentioned, the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sums or such portions thereof as may be required from time to time upon receipt by him or her of properly authenticated vouchers.

Administration

Central Management

 

General Revenues

1,835,080

Federal Funds

204,894

Total - Central Management

2,039,974

Accounts and Control

 

General Revenue

 

General Revenues

4,746,970

RI e-Government Fund - RI-SAIL

2,000,000

Total - Accounts and Control

6,746,970

Budgeting General Revenues

2,106,537

Municipal Affairs

 

General Revenues

1,236,447

Federal Funds

7,500,108

Total - Municipal Affairs

8,736,555

Purchasing General Revenues

2,101,214

Auditing General Revenues

1,509,967

Human Resources General Revenues

6,480,675

Personnel Appeal Board General Revenues

131,263

Taxation

 

Other Funds

 

Motor Fuel Tax Evasion Program

90,000

Temporary Disability Insurance

642,440

General Revenues

14,814,080

Federal Funds

1,306,280

Restricted Receipts

334,963

Total - Taxation

17,187,763

Registry of Motor Vehicles

 

Other Funds Motor Vehicle Emission Inspections - CMAQ

11,204

General Revenue

 

General Revenues

13,793,639

RI e-Government Fund - Digital License System

150,000

RI e-Government Fund - OLIS Support - RMV System

350,000

Restricted Receipts

15,848

Total - Registry of Motor Vehicles

14,320,691

Child Support Enforcement

 

General Revenue

 

General Revenues

3,193,389

Federal Funds

7,267,802

Total - Child Support Enforcement

10,461,191

Central Services

 

Other Funds

 

Lighting Conservation - Other Funds

661,278

General Revenue

 

General Revenues

11,911,939

Energy Office Grants

381,016

Federal Funds

18,543,661

Restricted Receipts

1,049,861

Total - Central Services

32,547,755

Office of Library and Information Services

 

Other Funds

 

Federal Highway - PL Systems Planning

851,184

Federal Highway - T2 Systems Planning

117,550

Air Quality Modeling

20,283

General Revenues

2,606,304

Federal Funds

1,357,458

Restricted Receipts

10,830

Total - Office of Library and Information Services

4,963,609

General

 

Other Funds

 

RICAP - A-Building Stabilization - Pastore Center

100,000

RICAP - State House Skylights and Roof

1,733,000

RICAP - State House Terrace/South Stairs

2,903,000

RICAP - Chapin Health Laboratory

300,000

RICAP - Cranston Street Armory

1,000,000

RICAP - Cannon Building

150,000

RICAP - Old State House

35,000

RICAP - State Office Building

200,000

RICAP - State Information Operations Center

200,000

RICAP - Old Colony House

200,000

RICAP - Court Buildings - HVAC

362,000

RICAP - Asset Inventory

50,000

RICAP - Washington County Government Center

395,000

RICAP - State House Renovations - Phase II

592,664

RICAP - Board of Elections Building

50,000

RICAP - Environmental Compliance

900,000

RICAP - Fox Point Hurricane Barrier

50,000

General Revenue

 

General Revenues

11,419,295

Race and Police Community Relations Commission

300,000

Economic Development Corporation

7,826,807

Centers of Excellence

3,000,000

Housing Resources Commission

8,652,098

Motor Vehicle Excise Tax Payment

97,202,898

Property Valuation

1,073,300

General Revenue Sharing Program

43,621,430

Payment in Lieu of Tax Exempt Properties

18,151,500

Distressed Communities Relief Program

7,400,000

Resource Sharing and State Library Aid

6,318,527

Library Construction Aid

2,280,669

Federal Funds

700,000

Restricted Receipts

566,000

Total - General

217,733,188

Debt Service Payments

 

Other Funds

 

DEM - Narragansett Bay Commission

5,066,552

DEM Clean Water Finance Agency

3,834,496

DEM Wastewater Treatment

6,098,952

RIPTA Debt Service

771,729

Transportation Debt Service

42,085,172

RIRBA - DLT - Temporary Disability Insurance

60,222

COPS - DLT Building - Other

360,202

COPS - Center General - Furniture - TDI

2,080

COPS - Pastore Center Telecommunications - TDI

19,799

Debt - URI Education and General

963,451

Debt - URI Housing Loan Funds

1,845,923

Debt - URI Dining Services

265,179

Debt - URI Health Services

125,409

Debt - W. Alton Jones Services

111,050

Debt - URI Memorial Union

97,648

Debt - URI Sponsored Research (Indirect Cost)

101,347

Debt - RIC Education and General

296,614

Debt - RIC Housing

568,390

Debt - RIC Student Center and Dining

177,951

Debt - RIC Student Union

254,765

Debt - CCRI Bookstore

177,092

General Revenue Debt Service Payments

115,958,757

Federal Funds

1,632,114

Restricted Receipts

5,961,760

Total - Debt Service Payments

186,836,654

Division of Sheriffs

12,246,353

Grand Total - Administration

526,150,359

Business Regulation

 

Central Management General Revenues

1,433,701

Banking Regulation General Revenues

1,469,676

Securities Regulation General Revenues

664,764

Commercial Licensing and Regulation General Revenues

916,007

Restricted Receipts

100,000

Total - Commercial Licensing and Regulation

1,016,007

Racing and Athletics General Revenues

684,934

Insurance Regulation

 

General Revenue

 

General Revenues

3,503,038

Restricted Receipts

357,465

Total - Insurance Regulation

3,860,503

Board of Accountancy General Revenues

189,452

Grand Total - Business Regulation

9,319,037

Labor and Training

 

Central Management

 

General Revenues

279,999

Restricted Receipts Director of Workers' Compensation

471,284

Total - Central Management

751,283

Workforce Development Services

 

Federal Funds

20,405,853

Restricted Receipts

 

ES - Reemployment Program

1,127,297

Human Resource Investment Council

9,113,176

Notwithstanding the provisions of chapter 42-28 of the general laws and notwithstanding any general or public law to the contrary, the Human Resource Investment Council shall fund Rhode Island Manufacturing Extension Services (RIMES) in the amount of $446,000 in fiscal year 2002.

   

Job Development Fund DET Admin.

267,115

Total - Workforce Development Services

30,913,441

Workforce Regulation and Safety General Revenues

3,687,515

Income Support

 

Other Funds

 

Temporary Disability Insurance Fund

142,160,533

Employment Security Fund

151,500,000

General Revenues

2,654,310

Federal Funds

18,227,232

Restricted Receipts

1,989,520

Total - Income Support

316,531,595

Injured Workers Services Restricted Receipts

9,306,763

Labor Relations Board General Revenues

339,269

Grand Total - Labor and Training

361,529,866

Legislature

 

General Revenues

24,886,849

Restricted Receipts

757,329

Grand Total - Legislature

25,644,178

Lieutenant Governor General Revenues

764,928

State

 

Administration General Revenues

1,165,919

Corporations

 

General Revenue

 

General Revenues

1,426,980

RI e-Government Fund - UCC Automated System

250,000

Total - Corporations

1,676,980

State Archives

 

General Revenues

281,015

Federal Funds

18,631

Restricted Receipts

193,337

Total - State Archives

492,983

Elections General Revenues

467,857

State Library General Revenues

703,827

Office of Public Information General Revenues

480,928

Grand Total - State

4,988,494

General Treasurer

 

Treasury

 

Other Funds Temporary Disability Insurance Fund

196,252

General Revenues

2,584,159

Federal Funds

265,140

Restricted Receipts

16,000

Total - Treasury

3,061,551

State Retirement System

 

Other Funds

 

Administrative Expenses - State Retirement System

11,148,136

Retirement - Treasury Investment Operations

542,026

Total - State Retirement System

11,690,162

Unclaimed Property Restricted Receipts

9,382,527

RI Refunding Bond Authority General Revenues

67,827

Crime Victim Compensation Program

 

General Revenues

2,420,467

Federal Funds

1,497,137

Restricted Receipts

1,727,619

Total - Crime Victim Compensation Program

5,645,223

Grand Total - General Treasurer

29,847,290

Boards for Design Professionals General Revenues

350,275

Board of Elections

 

General Revenue

 

General Revenues

2,120,057

RI e-Government Fund - Electronic Campaign Finance System

330,000

Grand Total - Board of Elections

2,450,057

Rhode Island Ethics Commissions General Revenues

847,427

Office of Governor General Revenues

5,681,777

(i) The general assembly recognizes, finds, and declares that it is the policy of the state of Rhode Island that the waters, harbors, and ports of the state of Rhode Island are important resources, and further that any development of port facilities is to be done in a manner that is both economically feasible and environmentally acceptable.

(ii) To the extent possible, any funds appropriated by the General Assembly, in support of fiscal year 2002, for the purpose of conducting an environmental impact statement, (EIS) regarding Quonset Point shall first be utilized to conduct the necessary economic feasibility study as part of the overall EIS. Such feasibility study shall include, but not be limited to, engineering and marketing considerations.

(iii) The Governor shall, as a part of the overall EIS project, consult on a regular basis with the leadership of the House of Representatives and the Senate, or their respective designees as to all respects of the said project.

   

Public Utilities Commission

 

General Revenues

731,240

Federal Funds

61,538

Restricted Receipts

4,663,397

Grand Total - Public Utilities Commission

5,456,175

Rhode Island Commission on Women General Revenues

139,140

Children, Youth, and Families

 

Central Management

 

General Revenues

7,828,990

Federal Funds

5,117,207

Total - Central Management

12,946,197

Children's Behavioral Health Services

 

Other Funds

 

RICAP - Groden Center - Mt. Hope

79,660

RICAP - Spurwink/RI

199,000

General Revenues

21,620,441

Federal Funds

19,732,041

Total - Children's Behavioral Health Services

41,631,142

Juvenile Correctional Services

 

RICAP - Rhode Island Training School Bathroom Renovation

100,000

General Revenues

24,423,744

Federal Funds

2,855,694

Restricted Receipts

8,000

Total - Juvenile Correctional Services

27,387,438

Child Welfare

 

General Revenue

 

General Revenues

78,956,984

Children's Trust Fund

55,500

Federal Funds

55,627,562

Restricted Receipts

1,387,191

Total - Child Welfare

136,027,237

Higher Education Incentive Grants General Revenues

150,000

Notwithstanding the provisions of section 35-3-15 of the general laws in chapter 35-3 entitled "State Budget," all unexpended, encumbered and unencumbered general revenues balances of the appropriation for the higher education opportunity incentive grants in the Department of Children, Youth and Families at the end of fiscal year 2002 shall be reappropriated in the ensuing fiscal year and made immediately available for the same purposes as the former applications.

   

Grand Total - Children, Youth, and Families

218,142,014

Elderly Affairs

 

Other Funds

 

Intermodal Surface Transportation Fund

4,700,000

General Revenue

 

General Revenues

13,477,616

RIPAE

10,280,993

Safety and Care of the Elderly

1,000

Federal Funds

8,659,750

Grand Total - Elderly Affairs

37,119,359

Health

 

Central Management

 

Other Funds Trauma Registry

228,109

General Revenue

 

General Revenues

2,609,284

RI e-Government Fund - Automated Vital Records System

300,000

Federal Funds

3,061,631

Restricted Receipts

1,729,242

Total - Central Management

7,928,266

State Medical Examiner General Revenues

1,678,857

Family Health

 

General Revenues

8,465,477

Poison Control Center

250,000

Federal Funds

27,385,678

Restricted Receipts

3,459,596

Total - Family Health

39,560,751

Health Services Regulation

 

General Revenue

 

General Revenues

4,375,908

Hospital Care Consultant Report

292,312

Federal Funds

1,963,101

Restricted Receipts

464,833

Total - Health Services Regulation

7,096,154

Environmental Health

 

General Revenues

4,157,352

Federal Funds

2,216,902

Restricted Receipts

670,447

Total - Environmental Health

7,044,701

Health Laboratories

 

General Revenues

5,638,424

Federal Funds

794,635

Total - Health Laboratories

6,433,059

Disease Prevention and Control

 

General Revenues

5,220,109

Smoking Cessation

 

Provide that no expenditures made prior to a plan being presented to,

 

and approve by, the chairs of the Finance Committees

1,000,000

Federal Funds

11,656,697

Restricted Receipts

79,783

Total - Disease Prevention and Control

17,956,589

Grand Total - Health

87,698,377

Human Services

 

Central Management

 

General Revenues

7,089,388

The Department of Human Services shall establish and maintain contracting standards and enhanced rates for oral health services provided under medicaid for the purpose of providing financial incentives for demonstrated expansion in capacity and participation in the Rhode Island Medical Assistance Program.

Federal Funds

3,673,194

Restricted Receipts

1,786,967

Total - Central Management

12,549,549

Individual and Family Support

 

Other Funds

 

RICAP Veterans Home Roof

60,000

RICAP Forand Building Exterior Doors and Windows

135,000

RICAP Forand Building Soffitts Replacement

85,000

RICAP Forand Building Exterior Window Panels

349,375

General Revenues

20,699,761

Federal Funds

50,994,985

Restricted Receipts

73,680

Total - Individual and Family Support

72,397,801

Veterans' Affairs

 

General Revenues

13,405,994

Federal Funds

5,604,801

Restricted Receipts

1,085,986

Total - Veterans' Affairs

20,096,781

Health Care Quality, Financing and Purchasing

 

General Revenues

22,250,099

Federal Funds

30,378,277

Restricted Receipts

330,000

Total - Health Care Quality, Financing & Purchasing

52,958,376

Medical Benefits

 

General Revenue

 

Hospitals

87,084,274

Nursing Facilities

121,332,000

Managed Care

114,428,738

Other

86,731,949

Special Education

9,493,730

Federal Funds

 

Hospitals

95,166,543

Nursing Facilities

135,743,050

Managed Care

132,790,263

Other

98,136,077

Special Education

11,006,270

Restricted Receipts

15,000

Total - Medical Benefits

891,927,894

Supplemental Security Income Program General Revenues

28,267,437

Family Independence Program

 

General Revenue

 

Child Care

53,609,428

TANF/Family Independence Program

17,999,851

Federal Funds

82,403,049

Total - Family Independence Program

154,012,328

State Funded Programs

 

General Revenue

 

General Public Assistance

2,074,263

Food Stamp Replacement for Legal Immigrants

1,619,226

Citizenship Participation Program

100,000

Weatherization One-Time Payment

1,579,000

Federal Funds

59,026,224

Total - State Funded Programs

64,398,713

Grand Total - Human Services

1,296,608,879

Mental Health, Retardation, and Hospitals

 

Central Management General Revenues

1,703,146

Hospital and Community System Support

 

Other Funds

 

RICAP - Utilities Upgrade

400,000

RICAP - Medical Center Rehabilitation

664,932

RICAP - Utility Systems - Water Tanks and Pipes

350,000

RICAP - Environmental Mandates

550,000

General Revenues

19,945,762

Total - Hospital and Community System Support

21,910,694

Services for the Developmentally Disabled

 

General Revenues

98,548,866

Federal Funds

111,725,085

Total - Services for the Developmentally Disabled

210,273,951

Integrated Mental Health Services

 

General Revenues

30,347,627

Federal Funds

28,172,341

Total - Integrated Mental Health Services

58,519,968

Hospital and Community Rehabilitation Services

 

Other Funds

 

RICAP - Zambarano Buildings and Utilities

404,942

General Revenues

50,523,558

Federal Funds

52,382,371

Total - Hospital and Community Rehabilitation Services

103,310,871

Substance Abuse

 

RICAP - Asset Protection-Other Funds

100,000

General Revenue

 

General Revenues

14,829,699

Providence Community Action

213,000

Federal Funds

9,942,976

Restricted Receipts

55,000

Total - Substance Abuse

25,140,675

Grand Total - Mental Health, Retardation, and Hospitals

420,859,305

Office of the Child Advocate

 

General Revenues

523,165

Federal Funds

342,703

Grand Total - Child Advocate

865,868

Commission on the Deaf and Hard of Hearing General Revenues

257,890

RI Developmental Disabilities Council Federal Funds

408,984

Governor's Commission on Disabilities

 

General Revenues

305,032

Federal Funds

28,181

Restricted Receipts

1,400

Grand Total - Governor's Commission on Disabilities

334,613

Commission for Human Rights

 

General Revenues

782,565

Federal Funds

426,177

Grand Total - Commission for Human Rights

1,208,742

Mental Health Advocate General Revenues

294,878

Elementary and Secondary Education

 

State Aid

 

General Revenue State Support Local School Operations

575,846,092

School Housing Aid General Revenues

30,775,774

Teacher's Retirement General Revenues

37,243,558

RI School for the Deaf

 

Other Funds - RICAP - School for the Deaf - Physical Education Fac.

268,250

General Revenues

5,681,452

Federal Funds

946,979

Total - RI School for the Deaf

6,896,681

Central Falls School District General Revenues

33,265,963

Davies Career and Technical School

 

Other Funds - RICAP - Davies Roof Repair

450,000

General Revenues

10,611,621

Federal Funds

797,359

Restricted Receipts

25,000

Total - Davies Career and Technical School

11,883,980

Metropolitan Career and Technical School General Revenues

2,155,000

Program Operations

 

Other Funds

 

RICAP - East Providence Vocational HVAC

140,980

RICAP - Hanley - HVAC

125,000

RICAP - State-owned Schools - Fire Alarm Systems

100,000

RICAP - Hazardous Materials Storage/Dust

218,453

General Revenues

15,388,274

Federal Funds

111,816,758

Restricted Receipts

664,194

Total - Program Operations

128,453,659

Grand Total - Elementary and Secondary Education

826,520,707

Board of Governors

 

General Revenues

174,893,876

Federal Funds

2,040,118

Other Funds

 

University and College Funds

336,272,035

RICAP - Asset Protection/Roofs

4,336,922

RICAP - Chafee Hall PCB Abatement

2,500,000

RICAP - Athletic Complex

8,500,000

RICAP - Knight Megastructure

380,000

RICAP - Ballentine Hall

853,078

RICAP - Alger Hall

1,164,558

RICAP - DCYF Facilities

1,119,853

RICAP - Green Hall

1,200,000

RICAP - Plains Road Property

10,000

Grand Total - Board of Governors

533,270,440

RI State Council on the Arts

 

General Revenue

 

Operating Support

358,671

Grants

1,925,000

Federal Funds

553,795

Restricted Receipts

250,000

Grand Total - RI State Council on the Arts

3,087,466

RI Atomic Energy Commission

 

Other Funds

 

URI Sponsored Research

130,064

RICAP - Paint Interior Reactor Building Walls

50,000

RICAP - Roof Replacement - North Bunker

21,400

General Revenues

649,456

Federal Funds

753,000

Grand Total - RI Atomic Energy Commission

1,603,920

RI Higher Education Assistance Authority

 

General Revenue

 

Needs Based Grants and Work Opportunities

6,397,372

Notwithstanding the provisions of section 35-3-15 of the general laws in chapter 35-3 entitled "State Budget," all unexpended, encumbered and unencumbered balances of revenue appropriations for "Needs Based Grants and Work Opportunities - RIGL 16-56-6 and 16-56-8" contained in section 1 of this article within the Higher Education Assistance Authority, whether regular or special appropriations, at the end of fiscal years 2001 and 2002 shall be reappropriated in the ensuing fiscal year and made immediately available for the same purposes as the former applications.

   

Authority Operations and Other Grants

1,039,005

Federal Funds

6,848,965

Other Funds Tuition Savings Program - Administration

229,406

Grand Total - Higher Education Assistance Authority

14,514,748

RI Historical Preservation and Heritage Commission

 

General Revenues

751,369

Federal Funds

540,500

Restricted Receipts

331,690

Grand Total - RI Historical Pres. and Heritage Comm.

1,623,559

RI Public Telecommunications Authority

 

Other Funds

 

Corporation for Public Broadcasting

571,755

RICAP - Federally Mandated Digital TV Conversion

936,568

General Revenues

1,358,004

Federal Funds

350,000

Grand Total - Public Telecommunications Authority

3,216,327

Attorney General

 

Criminal

 

General Revenues

9,255,236

Federal Funds

1,191,290

Restricted Receipts

178,692

Total - Criminal

10,625,218

Civil

 

General Revenues

3,484,235

Federal Funds

74,616

Restricted Receipts

408,802

Total - Civil

3,967,653

Bureau of Criminal Identification General Revenues

605,696

General

 

General Revenues

1,470,433

Grand Total - Attorney General

16,669,000

Corrections

 

Central Management General Revenues

9,509,765

Parole Board

General Revenues

852,501

Federal Funds

8,000

Total - Parole Board

860,501

Institutional Corrections

 

Other Funds

 

RICAP - Fire Code Safety Improvements

1,000,000

RICAP - Security Camera Installation

417,000

RICAP - Window Replacement - Women's

350,000

RICAP - General Renovations - Maximum

450,000

RICAP - Roof/Masonry Renovations - Women's

105,000

RICAP - High Security Firealarm HVAC

172,000

RICAP - Aquidneck & Prudence Cellblock Roofs

220,000

RICAP - Perimeter/Security Upgrades

1,765,000

General Revenues

110,826,798

Federal Funds

6,337,462

Restricted Receipts

3,877,475

Total - Institutional Corrections

125,520,735

Community Corrections

 

General Revenues

10,298,473

Federal Funds

338,952

Total - Community Corrections

10,637,425

Grand Total - Corrections

146,528,426

Judiciary

 

Supreme Court

 

Other Funds

 

RICAP - Garrahy Judicial Complex Renovation

1,976,106

RICAP - Fogarty Judicial Annex

95,000

General Revenue

 

General Revenues

17,665,503

Defense of Indigents

1,550,000

Federal Funds

150,000

Restricted Receipts

762,689

Total - Supreme Court

22,199,298

Superior Court General Revenues

14,673,241

Family Court

 

General Revenues

10,817,657

Federal Funds

1,678,810

Restricted Receipts

233,931

Total - Family Court

12,730,398

District Court

 

General Revenues

6,865,889

Federal Funds

250,000

Restricted Receipts

70,288

Total - District Court

7,186,177

Traffic Tribunal General Revenues

5,494,788

Workers' Compensation Court Restricted Receipts

4,792,852

Justice Link Program General Revenues

1,582,340

Notwithstanding the provisions of section 35-3-15 of the general laws in chapter 35-3 entitled "State Budget" all unexpended, encumbered and unencumbered general revenue and federal fund appropriations for the Justice Link program in the Judicial Department at the end of fiscal year 2002 shall be reappropriated in the ensuing fiscal year and made immediately available for the same purposes as the former applications.

   

Grand Total - Judiciary

68,659,094

Military Staff

 

National Guard

 

Other Funds

 

Rails to Trails

291,636

RICAP - Bristol Armory Rehabilitation

200,000

RICAP - Benefit St. Arsenal Rehabilitation

71,000

RICAP - Schofield Armory Rehabilitation

110,000

RICAP - US Property and Finance Office - HVAC

50,000

RICAP - Warren Armory

100,000

RICAP - Vehicle Exhaust Vent System

50,000

General Revenue

 

General Revenues

1,734,212

RI e-Government Fund - Distributed Technology Training

100,000

Federal Funds

6,298,630

Total - National Guard

9,005,478

Emergency Management

 

General Revenues

398,887

Federal Funds

2,944,891

Restricted Receipts

111,432

Total - Emergency Management

3,455,210

Grand Total - Military Staff

12,460,688

E-911 Emergency Telephone System

 

General Revenue

 

General Revenues

3,135,519

RI e-Government Fund - GIS Database Development

500,000

Grand Total - E-911 Emergency Telephone System

3,635,519

Fire Safety Code Board of Appeal and Review General Revenues

210,116

State Fire Marshal

 

General Revenues

1,309,125

Federal Funds

55,140

Grand Total - State Fire Marshal

1,364,265

Commission on Judicial Tenure and Discipline General Revenues

99,523

Rhode Island Justice Commission

 

General Revenues

177,710

Federal Funds

4,790,102

Grand Total - Rhode Island Justice Commission

4,967,812

Municipal Police Training Academy

 

General Revenues

322,148

Federal Funds

50,000

Grand Total - Municipal Police Training Academy

372,148

State Police

 

RICAP - Barracks and Training Headquarters

100,000

RICAP - Headquarters Repair/Renovation

325,000

RICAP - Parking Area Improvements

70,910

Traffic Enforcement - Municipal Training

120,739

Lottery Commission Assistance

105,057

Road Construction Reimbursement

2,320,428

General Revenues

37,110,992

Federal Funds

700,059

Restricted Receipts

217,797

Grand Total - State Police

41,070,982

Office of Public Defender

 

General Revenues

5,585,208

Federal Funds

313,406

Grand Total - Office of Public Defender

5,898,614

Environmental Management

 

Policy and Administration

 

Other Funds

 

DOT Recreational Projects

25,637

Blackstone Bikepath Design

1,297,791

RICAP - Dam Repair

700,000

General Revenues

7,540,431

Federal Funds

1,997,745

Restricted Receipts

6,707,640

Total - Policy and Administration

18,269,244

Natural Resources

 

Other Funds

 

RICAP- Westerly Boat Ramp

87,000

RICAP - Fort Adams Rehabilitation

350,000

RICAP - Recreational Facilities Improvement

515,820

RICAP - Fish and Wildlife Office/Laboratory

731,000

RICAP - Wickford Marine Facility

50,000

RICAP - Galilee Piers

908,854

RICAP - Newport Piers

1,800,000

RICAP - Boyd's Marsh Habitat Restoration

70,000

General Revenues

14,495,408

Federal Funds

12,828,616

Restricted Receipts

3,010,835

Total - Natural Resources

34,847,533

Environmental Protection

 

Other Funds Aquafund

55,358

General Revenues

9,149,675

Federal Funds

7,306,634

Restricted Receipts

2,025,591

Total - Environmental Protection

18,537,258

Grand Total - Environmental Management

71,654,035

Coastal Resources Management Council

 

Other Funds

 

RICAP - South Coast Restoration Project

145,000

RICAP - Allins Cove

172,000

General Revenues

1,437,745

Federal Funds

1,055,630

Grand Total - Coastal Resources Management Council

2,810,375

State Water Resources Board

 

Other Funds

 

RICAP - Big River Management Area

80,000

RICAP - Groundwater Protection/Acquisition

43,733

RICAP - Water Allocation Plan

400,000

RICAP - Supplemental Water Supplies Development

300,000

General Revenues

1,021,631

Grand Total - State Water Resources Board

1,845,364

Transportation

 

Central Management Other Funds Gasoline Tax

3,103,029

Federal Funds

4,309,942

Total - Central Management

7,412,971

Management and Budget

 

Other Funds Gasoline Tax

1,955,027

Infrastructure Maintenance

 

Other Funds Infrastructure - Maintenance - Gasoline Tax

36,155,559

Infrastructure - Engineering

 

Other Funds

 

Gasoline Tax

41,654,484

RICAP - RIPTA Land and Buildings

360,000

Land Sale Revenue

8,000,000

State Infrastructure Bank

1,000,000

Federal Funds

227,972,848

Restricted Receipts

61,285,260

Total - Infrastructure - Engineering

340,272,592

Grand Total - Transportation

385,796,149

Statewide Totals

 

General Revenues Total

2,650,768,180

Federal Funds Total

1,531,710,544

Restricted Receipts Total

143,513,384

Other Funds Total

858,855,081

Statewide Grand Total

5,184,847,189

SECTION 2. Each line appearing in section 1 of this Article shall constitute an appropriation.

SECTION 3. Upon the transfer of any function of a department or agency to another department or agency, the governor is hereby authorized by means of executive order to transfer or reallocate, in whole or in part, the appropriations and the full-time equivalent limits affected thereby.

SECTION 4. From the appropriation for contingency shall be paid such sums as may be required at the discretion of the Governor and the Director of Administration to fund expenditures for which appropriations may not exist. Such contingency funds may also be used for expenditures in the several departments and agencies where appropriations are insufficient, or where such requirements are due to unforeseen conditions or are non-recurring items of an unusual nature. Said appropriations may also be used for the payment of bills incurred due to emergencies or to any offense against public peace and property, in accordance with the provisions of Titles 11 and 45 of the General Laws of 1956, as amended. All expenditures and transfers from this account shall be approved by the Director of Administration and the Governor.

SECTION 5. The reimbursement of any state department or agency for the cost of work or services performed for any other department or agency is hereby authorized, subject to regulations promulgated by the Director of Administration.

SECTION 6. The General Assembly may provide a written "statement of legislative intent" signed by the chairperson of the House Finance Committee and by the chairperson of the Senate Finance Committee to show the intended purpose of the appropriations contained in section 1 of this article. The statement of legislative intent shall be kept on file in the House Finance Committee and in the Senate Finance Committee.

At least twenty (20) days prior to the issuance of a grant or the release of funds, which grant or funds are listed on the legislative letter of intent, all department, agency and corporation directors, shall notify in writing the chairperson of the House Finance Committee and the chairperson of the Senate Finance Committee of the approximate date when the funds are to be released or granted.

SECTION 7. Appropriation of Temporary Disability Insurance Funds -- There is hereby appropriated pursuant to sections 28-39-5 and 28-39-8 of the Rhode Island General Laws all funds required to be disbursed for the benefit payments from the Temporary Disability Insurance Fund and Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 2002.

SECTION 8. Appropriation of Employment Security Funds -- There is hereby appropriated pursuant to section 28-42-19 of the Rhode Island General Laws all funds required to be disbursed for benefit payments from the Employment Security Fund for the fiscal year ending June 30, 2002.

SECTION 9. Appropriation of University and College Funds -- There is hereby appropriated pursuant to section 16-59-9 of the Rhode Island General Laws relating to the appropriation of funds by the General Assembly for Higher Education, and section 16-59-18 of the General Laws relating to receipts from sources other than appropriations, any funds received by the Board of Governors for Higher Education for the fiscal year ending June 30, 2002 payable out of the University and College Funds.

SECTION 10. Notwithstanding any provisions of Chapter 19 in Title 23 of the Rhode Island General Laws, the Resource Recovery Corporation shall transfer to the State Controller the sum of three million dollars ($3,000,000) on June 30, 2002.

SECTION 11. Extension of previous authorizations. -- The general assembly, pursuant to the provisions of section 35-8-25 of the general laws, hereby extends to the termination dates contained herein, the authority to issue the following general obligation bond authorizations in the amounts stated. The original authorizations enacted by public law and approved by the people, remain unissued as of February 1, 2001 and are as follows:

   

Unissued

 
   

Amount to be

 

Purpose

Statutory Reference

Extended

Termination Date

       

Clean Water Act Environmental

     

Trust Fund

Ch. 289 - P.L. of 1986

3,839,627

June 30, 2007

Mental Health, Retardation,

     

and Hospitals

Ch. 552 - P.L. of 1989

1,235,000

June 30, 2007

Narragansett Bay Commission

Ch. 434 - P.L. 1990

3,810,000

June 30, 2003

Elementary & Secondary Ed.

Ch. 70 - P.L. of 1994

8,115,000

June 30, 2004

 

The general assembly hereby extends for an additional year the authorization granted to the Rhode Island Industrial Recreational Building Authority provided by Chapter 91 of the Public Laws of 1958, and Chapter 537, Section 3, of the Public Laws of 1987.

SECTION 12. Departments and agencies listed below may not exceed the number of full-time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do not include seasonal or intermittent positions whose scheduled period of employment does not exceed twenty-six consecutive weeks or whose scheduled hours do not exceed nine hundred and twenty-five (925) hours, excluding overtime, in a one-year period. Nor do they include individuals engaged in training, the completion of which is a prerequisite of employment. Nor do they include positions established under the Board of Governors for Higher Education which are funded by third party funding through the following accounts: University of Rhode Island Sponsored Contract Research; Rhode Island College Sponsored Research-Federal; Community College of Rhode Island Sponsored Research-Federal; and Community College of Rhode Island Sponsored Research-Private.

Provided, however, that the Governor, Speaker of the House of Representatives, and the Majority Leader of the Senate may authorize an adjustment to any limitation. Prior to the authorization, the State Budget Officer shall make a detailed written recommendation to the Governor, the Speaker of the House, and the Senate Majority Leader. A copy of the recommendation and authorization to adjust shall be transmitted to the chairman of the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor and the Senate Fiscal Advisor.

FTE POSITION AUTHORIZATION

Departments and Agencies

Full-Time Equivalent

Administration

1350.0

Business Regulation

111.0

Labor and Training

558.0

Legislature

280.0

Lieutenant Governor General

10.0

Secretary of State

59.2

General Treasurer

87.5

Boards for Design Professionals

4.0

Board of Elections

22.3

Rhode Island Ethics Commission

10.0

Office of the Governor

50.0

Public Utilities Commission

44.0

Rhode Island Commission on Women

2.0

Children, Youth, and Families

875.9

Elderly Affairs

60.6

Health

477.1

Human Services

1,139.9

Mental Health, Retardation, and Hospitals

2,138.0

Office of the Child Advocate

13.0

Commission on the Deaf and Hard of Hearing

3.0

RI Developmental Disabilities Council

3.0

Governor's Commission on Disabilities

4.6

Commission for Human Rights

17.0

Office of the Mental Health Advocate

4.3

Elementary and Secondary Education

345.2

Higher Education - Board of Governors

3582.9

Rhode Island Council on the Arts

6.0

RI Atomic Energy Commission

8.6

Higher Education Assistance Authority

46.6

Historical Preservation and Heritage Commission

17.6

Public Telecommunications Authority

22.0

Attorney General

229.0

Corrections

1550.6

Judicial

707.0

Military Staff

94.0

E-911 Emergency Telephone System

48.6

Fire Safety Code Bd. of Appeal and Review

3.0

RI State Fire Marshal

21.5

Commission on Judicial Tenure and Discipline

1.0

Rhode Island Justice Commission

9.0

Municipal Police Training Academy

4.0

State Police

267.0

Office of the Public Defender

79.5

Environmental Management

585.5

Coastal Resources Management Council

30.0

Water Resources Board

9.0

Transportation

864.3

Total

15,856.3

SECTION 13. The amounts reflected in this Article include the appropriation of Rhode Island Capital Plan funds for fiscal year 2002 and supersede appropriations provided for FY 2002 within Section 13 of Article 1 of Chapter 55 of the P.L. of 2000.

The following amounts are hereby appropriated out of any money in the State's Rhode Island Capital Plan Fund not otherwise appropriated to be expended during the fiscal years ending June 30, 2003, June 30, 2004, June 30, 2005, and June 30, 2006. These amounts supersede appropriations provided within Section 13 of Article 1 of Chapter 55 of the P.L. of 2000. For the purposes and functions hereinafter mentioned, the State Controller is hereby authorized and directed to draw his or her orders upon the General Treasurer for the payment of such sums and such portions thereof as may be required by him or her upon receipt of properly authenticated vouchers.

Project

FY 2003

FY 2004

FY 2005

FY 2006

State House Renovations

       

Phase II

1,200,000

360,000

-

 -

State House Renovations

       

Phase III

  1,230,000   4,100,000   3,395,000

State House Terrace

       

Walls/South Stairs

571,600

-

-

-

Cannon Building

225,000

277,000

-

-

Chapin Health

       

Laboratory

262,736

170,000

-

-

Cranston Street Armory

1,000,000

1,000,000

1,000,000

426,242 -

Legislative Office

       

Building

4,000,000

7,000,000

-

-

Veterans Home Roof

  140,000      

Chariho Well

60,000

-

-

 

URI Athletic Complex

1,500,000

-

-

-

Alger Hall Renovations

1,825,442

-

-

-

URI Residence Halls

       

Modernization/Renovations

-

2,645,967

7,096,164

8,115,051

RIC DCYF Facilities and Master

       

Plans Improvements

1,735,873

1,659,173

-

-

Green Hall

  1,000,000      

Channel 36 Digital

       

Conversion

3,391,231

-

-

-

DOC Window Replacement

       

Womens

280,000

-

-

-

Gloria McDonald - Sallyport/

       

Committing Area

300,000

511,000

-

-

Security Camera

       

Improvements

362,000

472,000

-

-

Licht Judicial Complex

  200,000   2,500,000   4,500,000   257,500

Murray Judicial Complex

  165,000   165,000    

Bristol Armory

  305,000      

Benefit Street Armory

  192,610   192,610    

Schofield Armory

115,000

  115,000    

Warren Armory

  200,000   175,000    

Galilee Piers

1,000,000

1,000,000

1,000,000

1,000,000

Dam Repair

2,575,000

850,000

850,000

850,000

Boyd's Marsh Habitat

       

Restoration

180,000

150,000

100,000

-

South Coast Restoration

       

Project

968,267

932,267

932,267

-

Providence River

       

Channel Dredging

5,400,000

3,600,000

-

-

RIPTA

       

Land and Buildings

1,715,000

845,000

-

-

SECTION 14. Reappropriation of Funding for Rhode Island Capital Plan Fund Projects. - Any unencumbered or unexpended funds from FY 2001 Rhode Island Capital Plan Fund project appropriations shall be reappropriated to FY 2002 and made available for the same purpose.

SECTION 15. Section 37-2-7 of the General Laws in chapter 37-2 entitled "State Purchases" is hereby amended to read as follows:

37-2-7. Definitions. - The words defined in this section shall have the meanings set forth below whenever they appear in this chapter, unless the context in which they are used clearly requires a different meaning or a different definition is prescribed for a particular section, group of sections or provision.

(1) "Business" shall mean any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other legal entity through which business is conducted.

(2) "Change order" shall mean a written order signed by the purchasing agent or contractor directing or allowing the contractor to make changes which the changes clause of the contract authorizes the purchasing agent or contractor to order without the consent of the contractor or purchasing agent.

(3) "Chief purchasing officer for a state agency" means the director of administration, who shall be responsible for all purchases by the state and for a public agency. "Chief purchasing officer" means the executive director or the chief operational officer of the agency.

(4) "Construction" shall mean the process of building, altering, repairing, improving, or demolishing any public structures or building, or other public improvements of any kind to any public real property. It does not include the routine maintenance or repair of existing structures, buildings, or real property performed by salaried employees of the state of Rhode Island in the usual course of their jobs.

(5) "Contract" shall mean all types of agreements, including grants and orders, for the purchase or disposal of supplies, services, construction, or any other item. It shall include awards; contracts of a fixed-price cost, cost-plus-a-fixed-fee, or incentive type; contracts providing for the issuance of job or task orders; leases; letter contracts; purchase orders; and construction management contracts. It also includes supplemental agreements with respect to any of the foregoing. "Contract" does not include labor contracts with employees of state agencies.

(6) "Contract amendment" shall mean any written alteration in the specifications, delivery point, rate of delivery, contract period, price, quantity, or other contract provisions of any existing contract, whether accomplished by unilateral action in accordance with a contract provision, or by mutual action of the parties to the contract. It shall include bilateral actions, such as supplemental agreements, and unilateral actions, such as change orders, administrative changes, notices of termination, and notices of the exercise of a contract option.

(7) "Contractor" shall mean any person having a contract with a governmental body.

(8) "Data" shall mean recorded information, regardless of form or characteristic.

(9) "Designee" shall mean a duly authorized representative of a person holding a superior position.

(10) "Employee" shall mean an individual drawing a salary from a state governmental entity.

(11) "State governmental entity" shall mean any entity created as a legislative body or a public or state agency by the general assembly or constitution of this state, except for municipal, regional or county governmental entities.

(12) "May" shall mean permissive.

(13) "Negotiation" shall mean contracting by either the method set forth in section 37-2-19, 37-2-20, or 37-2-21.

(14) "Person" shall mean any business, individual, organization, or group of individuals.

(15) 'Procurement" shall mean the purchasing, buying, renting, leasing, or otherwise obtaining of any supplies, services, or construction. It also includes all functions that pertain to the obtaining of any supply, service, or construction item, including a description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration.

(16) "Public agency" shall mean the Rhode Island industrial recreational building authority, the Rhode Island economic development corporation, the Rhode Island industrial facilities corporation, the Rhode Island refunding bond authority, the Rhode Island housing and mortgage finance corporation, the Rhode Island resource recovery corporation, the Rhode Island public transit authority, the Rhode Island student loan authority, the Howard development corporation, the water resources board corporate, the Rhode Island health and education building corporation, the Rhode Island higher education assistance authority, the Rhode Island turnpike and bridge authority, the Blackstone Valley district commission, the Narragansett Bay water quality management district commission, the Rhode Island telecommunications authority, the convention center authority, the Channel 36 foundation, the Rhode Island lottery commission their successors and assigns, and any other body corporate and politic which has been or will be created or established within this state excepting cities and towns., The and the board of governors for higher education for all purchases which are funded by restricted, sponsored, or auxiliary monies is included in the definition of "public agency" only through July 1, 2001.

(17) "Purchase request" or "purchase requisition" shall mean that document whereby a using agency requests that a contract be entered into to obtain goods and/or services for a specified need, and may include, but is not limited to, the technical description of the requested item, delivery requirements, transportation mode request, criteria for evaluation of proposals, and/or preparation of suggested sources of supply, and information supplied for the making of any written determination and finding required by section 37-2-6.

(18) "Purchasing agency" shall mean any state governmental entity which is authorized by this chapter, its implementing regulations, or by way of delegation from the chief purchasing officer to contract on its own behalf rather than through the central contracting authority of the chief purchasing officer.

(19) "Purchasing agent" shall mean any person authorized by a governmental entity in accordance with procedures prescribed by regulations, to enter into and administer contracts and make written determinations and findings with respect to contracts. The term shall also include an authorized representative acting within the limits of authority. "Purchasing agent" shall also mean the person appointed in accordance with section 37-2-1.

(20) "Services" shall mean the rendering, by a contractor, of its time and effort rather than the furnishing of a specific end product, other than reports which are merely incidental to the required performance of services. "Services" does not include labor contracts with employees of state agencies.

(21) "Shall" shall mean imperative.

(22) "State" shall mean the state of Rhode Island and any of its departments or agencies and public agencies.

(23) "Supplemental agreement" shall mean any contract modification which is accomplished by the mutual action of the parties.

(24) "Supplies" shall mean all property, including, but not limited to, leases of real property, printing, and insurance, except land or permanent interest in land.

(25) "Using agency" shall mean any state governmental entity which utilizes any supplies, services or construction purchased under this chapter.

(26) As used in section 37-2-59, "architect" or "engineer" services shall mean those professional services within the scope of practice of architecture, professional engineering, or registered land surveying, pertaining to construction, as defined by the laws of this state. "Consultant" means any person with whom the state and/or a public agency has a contract which contract provides for the person to give direction or information as regards a particular area of knowledge in which the person is a specialist and/or has expertise.

(27) For purposes of sections 37-2-62 - 37-2-70, "directors" shall mean those members of a public agency appointed pursuant to a statute, who comprise the governing authority of the board, commission, authority, and/or corporation.

(28) "State agency" shall mean any department, commission, council, board, bureau, committee, institution, or other governmental entity of the executive or judicial branch of this state not otherwise established as a body corporate and politic, and includes, without limitation, the board of governors for higher education except for purchases which are funded by restricted sponsored or auxiliary moneys for the period through July 1, 2001, as provided for in subdivision (16) of this section, and the board of regents for elementary and secondary education.

(29) "Governmental entity" shall mean any department, commission, council, board, bureau, committee, institution, legislative body, agency, or government corporation of the executive, legislative or judicial branches of state, federal and/or local governments.

SECTION 16. This article shall take effect on July 1, 2001; provided, however, section 11 of this article shall take effect on June 30, 2001.


ARTICLE 2 SUBSTITUTE A

RELATING TO REFUNDING BOND AUTHORITY

SECTION 1. The amounts appropriated within section 1 of Article 1 of this act shall include seven hundred forty-one thousand six hundred fifty dollars ($741,650) allocable to the payment of debt service on bonds of the Rhode Island Refunding Bond Authority issued pursuant to Chapter 35-8.1 of the general laws.

SECTION 2. Certain bond proceeds of the Rhode Island Refunding Bond Authority have been used to refund bonds issued pursuant to Chapter 46-25 of the general laws for the Narragansett Bay Water Quality Management District Commission. To the extent that funds of said Commission are not sufficient to pay debt service of seventeen thousand one hundred fifteen dollars ($17,115) on the bonds of the Rhode Island Refunding Bond Authority coming due during the fiscal year ending June 30, 2002 and allocable to this Commission, there is hereby appropriated from funds in the treasury not otherwise appropriated an amount sufficient for payment of said debt service.

SECTION 3. This article shall take effect on July 1, 2001.


ARTICLE 3 SUBSTITUTE A

RELATING TO SINKING FUND

SECTION 1. Section 35-8-11 of the General Laws in Chapter 35-8 entitled "Bonded Indebtedness of State" is hereby amended to read as follows:

35-8-11. Payments into sinking funds. - In fiscal year 2000, and each subsequent fiscal year, there shall be appropriated a sum at least equal to the total of the following: the sinking fund commission's estimate of savings generated for that fiscal year from the commission's prior fiscal years' refinancing of debt; the sinking fund commission's estimate of the total debt service payments, principal and interest, of the debt retired by the commission in prior fiscal year; the sinking fund commission's estimate of the total debt service payments, principal and interest, of the general obligation debt not issued in accordance with 35-8-6.2 in prior fiscal year; and the total interest generated by the proceeds of general obligation bond, net of the arbitrage rebate for that year, as estimated by the Revenue Estimating Conference. Payments into the sinking fund shall also include those received pursuant to 42-116-25, net of costs incurred by the department or agency assuming management of the assets of the Depositors' Economic Protection Corporation, which shall not be subject to annual appropriation.

In fiscal year 2001 and 2002 there shall be appropriated a sum at least equal to the total of the following: the sinking fund commission's estimate of savings generated for that fiscal year from the commission's prior fiscal years' refinancing of debt; the sinking fund commission's estimate of the total debt service payments, principal and interest, of the debt retired by the commission in prior fiscal year; and the sinking fund commission's estimate of the total debt service payments, principal and interest, of the general obligation debt not issued in accordance with section 35-8-6.2 in prior fiscal year.

SECTION 2. In FY 2001, the amount of $2,775,457 shall be transferred from the sinking fund to the general fund.

SECTION 3. Section 42-116-25.1 of the General Laws in Chapter 42-116 entitled "Rhode Island Depositors Economic Protection Corporation" is hereby amended to read as follows:

42-116-25.1. Defeasance of corporation bonds.-Upon final defeasance of all corporation bonds, the initial fifteen forty-two million two hundred thousand dollars ($15,200,000) ($42,200,000) of corporation proceeds from all sources shall be paid to the general fund on a quarterly basis. All additional corporate proceeds shall be paid to the sinking funds on a quarterly basis.

SECTION 4. Article 5, Sections 8 entitled "Sale of bonds" and 10 entitled "Investment of moneys in fund" of Chapter 55 of the Public Laws of 2000 are hereby amended as follows:

Section 8. For the fiscal years FY 2001 and FY 2002, any premium and accrued interest which may be received on the sale of the capital development bonds shall become part of the general fund of the state and shall be applied to the payment of debt service charges of the state.

Section 10. Investment of moneys in fund. - For the fiscal years FY 2001 and FY 2002, all moneys in the capital development funds not immediately required for payment pursuant to the provisions of this act may be invested by the investment commission, as established by Chapter 35-10, pursuant to the provisions of such chapter; provided, however, that the securities in which the capital development fund is invested shall remain a part of the capital development fund until exchanged for other securities; and provided further, that the income from investments of the capital development fund shall become a part of the general fund of the state and shall be applied to the payment of debt service charges of the state, or to the extent necessary, to rebate to the United States treasury any income from investments (including gains from the disposition of investments) of proceeds of bonds to the extent deemed necessary to exempt (in whole or in part) the interest paid on such bonds from federal income taxation.

SECTION 5. This article shall take effect on July 1, 2000.


ARTICLE 4 SUBSTITUTE A AS AMENDED

RELATING TO A JOINT LEGISLATIVE COMMISSION TO STUDY THE FEASIBILITY OF ESTABLISHING A DEPARTMENT OF VETERANS AFFAIRS AS A SEPARATE DEPARTMENT OF STATE GOVERNMENT

SECTION 1. There is hereby created a Joint Legislative Commission consisting of nine (9) members: three (3) of whom shall be from the House of Representatives, of which one (1) member shall be from the minority party, to be appointed by the Speaker of the House; three (3) of whom shall be from the Senate, of which one (1) member shall be from the minority party, to be appointed by the Senate Majority Leader; three (3) of whom shall be appointed by the Governor.

The purpose of the commission shall be to study the feasibility of establishing a Department of Veterans Affairs as a separate department of state government.

Forthwith upon passage of this resolution, the members of the commission shall meet at the call of the Speaker of the House and organize and shall select from among the legislators a chairperson. Vacancies in said commission shall be filled in like manner as the original appointment.

The membership of said commission shall receive no compensation for their services.

All departments and agencies of the state shall furnish such advice and information, documentary and otherwise, to said commission and its agents as is deemed necessary or desirable by the commission to facilitate the purposes of this resolution.

The Speaker of the House is hereby authorized and directed to provide suitable quarters for said commission.

The commission shall report its findings and recommendations to the general assembly on or before February 15, 2002 and said commission shall expire on June 30, 2002.

SECTION 2. This article shall take effect upon passage.


ARTICLE 5 SUBSTITUTE A AS AMENDED

RELATING TO REVISED APPROPRIATIONS

SECTION 1. Section 1 of Chapter 24 of the 2001 Public Laws entitled "Revised Appropriations" relating specifically to the appropriations of the Department of Administration, Department of Children, Youth and Families, Department of Elderly Affairs, Department of Health, Department of Human Services, the Judiciary, Department of Elementary and Secondary Education, Board of Governors, Department of Environmental Management and Department of Transportation the General Revenue total, Federal total, Restricted Receipts total and Other Funds total is hereby amended to read as follows:

   

Section 1 of

   
   

Chapter 24 of the

Changes in

 
 

2001 Public Laws

01-H 6100

FY 2001 Final

Administration

       
 

General

     
 

General Revenues Total

166,991,955

300,000

167,291,955

Children, Youth and Families

       
 

Central Management

     
 

General Revenue Total

8,631,632

(409,436)

8,222,196

 

Federal Funds Total

4,927,995

(167,945)

4,760,050

 

Children's Behavioral Health Services

     
 

General Revenue Total

19,621,771

887,306

20,509,077

 

Federal Funds Total

19,488,750

591,314

20,080,064

 

Juvenile Correctional Services

     
 

General Revenue Total

23,503,962

305,780

23,809,742

 

Federal Funds Total

3,673,670

(482,170)

3,191,500

 

Child Welfare

     
 

General Revenue Total

71,818,610

2,190,753

74,009,363

 

Harmony Hill New Construction Grant

250,000

-

250,000

         

Notwithstanding the provisions of section 35-3-15 of the general laws in chapter 35-3 entitled "State Budget" all unexpended and unencumbered general revenue appropriations for the Harmony Hill New Construction Grant in the Department of Children, Youth and Families at the end of fiscal year 2001 shall be reappropriated in the ensuing fiscal year and made immediately available for the same purposes as the former applications.

 

Federal Funds Total

53,884,417

371,609

53,512,808

Elderly Affairs

       
 

General Revenue Total

23,656,585

(362,000)

23,294,585

 

Other Funds Total Intermodal

     
 

Surface Transportation

     
 

Funds

4,667,000

33,000

4,700,000

Health

       
 

Family Health

     
 

General Revenue Total

8,492,034

(455,000)

8,037,034

Human Services

       
 

Medical Benefits

     
 

General Revenue Total

389,600,000

6,400,000

396,000,000

 

Federal Funds Total

449,985,000

5,115,000

455,100,000

 

S.S.I. Program

     
 

General Revenue Total

27,312,073

(666,003)

26,646,070

Temporary Assistance For Needy Families/Family Independence Program

 

General Revenue Total

68,103,457

(684,468)

67,418,989

State Funded Programs

       
 

General Public Assistance

1,796,950

181,633

1,978,583

 

Food Stamp Replacement for

     
 

Legal Immigrants

1,709,430

(20,274)

1,689,156

 

Weatherization One Time

     
 

Payment

1,719,000

(4,000)

1,715,000

State Funded Program

       
 

General Revenue Total

5,325,380

157,359

5,482,739

Elementary and Secondary Education

       

State Aid

       
 

General Revenue Total

538,368,756

664,000

539,032,756

Program Operations

       
 

Other Funds Total -

     
 

RICAP Hazardous

     
 

Material Storage/Dust

181,457

90

181,547

Board of Governors

       
 

Other Funds

     
 

RICAP - Asset Protection/Roofs

8,818,966

(2,500,000)

6,318,966

 

RICAP - Chafee PCB Abatement

-

1,300,000

1,300,000

Judiciary

       

Supreme Court

       
 

General Revenue Total

16,063,097

188,135

16,251,232

 

Federal Funds Total

174,344

148,625

322,969

 

Restricted Receipts Total

     
 

Examination of Racial and Ethnic Bias

-

5,000

5,000

Superior Court

       
 

General Revenue Total

13,904,679

295,279

14,199,958

 

Federal Funds Total

14,112

4,000

18,112

Family Court

 

-

   
 

General Revenue Total

10,263,717

353,177

10,616,894

 

Federal Funds Total

2,448,498

114,082

2,562,580

District Court

       
 

General Revenue Total

6,402,760

131,666

6,534,426

 

Federal Funds Total

-

189,000

189,000

 

Restricted Receipts Total

     
 

Open Society Institute Grant

140,575

(120,924)

19,651

Traffic Tribunal

       
 

General Revenue Total

5,227,278

97,721

5,324,999

Workers' Compensation Court

       
 

Restricted Receipt Total

     
 

Workers' Compensation Court

4,549,727

15,148

4,564,875

Justice Link Program

       
 

General Revenue Total

3,392,831

(85,978)

3,306,853

Environmental Management

       

Natural Resources

       
 

Other Funds Total RICAP -

     
 

Misquamicut Beach

16,357

12,717

29,074

Transportation

       

Infrastructure Maintenance

       
 

Other Funds Total

     
 

Gasoline Tax

36,585,574

2,035,006

38,620,580

Infrastructure Engineering

       
 

Other Funds Total

     
 

Gasoline Tax

37,035,409

189,750

37,225,159

SECTION 2. This article shall take effect upon passage and is retroactive to May 24, 2001.


ARTICLE 6 SUBSTITUTE A

RELATING TO STATE AID - TOWNS AND CITIES

SECTION 1. Section 45-13-5.1 of the General Laws in Chapter 45-13 entitled "State Aid" is hereby amended to read as follows:

45-13-5.1. General assembly appropriations in lieu of property tax from certain exempt private and state properties -- (a) In lieu of the amount of local real property tax on real property owned by any private nonprofit institution of higher education, or any nonprofit hospital facility, or any state owned and operated hospital, veterans' residential facility, or correctional facility occupied by more than 100 residents which may have been or will be exempted from taxation by applicable state law, exclusive of any facility operated by the federal government, the state of Rhode Island, or any of its subdivisions, the general assembly shall annually appropriate for payment to the several cities and towns in which the property lies a sum equal to twenty-seven percent (27%) of all tax that would have been collected had the property been taxable.

(b) As used in this section, "private nonprofit institution of higher education" means any institution engaged primarily in education beyond the high school level, the property of which is exempt from property tax under any of the subdivisions, and "nonprofit hospital facility" means any nonprofit hospital licensed by the state and which is used for the purpose of general medical, surgical, or psychiatric care and treatment.

(c) The grant payable to any municipality under the provision of this section shall be equal to twenty-seven percent (27%) of the property taxes which, except for any exemption to any institution of higher education or general hospital facility, would have been paid with respect to that exempt real property on the assessment list in the municipality for the assessment date of December 31, 1986 and with respect to such exempt real property appearing on an assessment list in the municipality on succeeding assessment dates.

(d) The state budget offices shall include the amount of the annual grant in the state budget for the fiscal year commencing July 1, 1988 and each fiscal year thereafter. The amount of the grant payable to each municipality in any year in accordance with this section shall be reduced proportionately in the event that the total of those grants in each year exceeds the amount appropriated for the purposes of this section with respect to that year.

(e) Distribution of appropriations shall be made by the state on or before July 31 of 1988 and each July 31 thereafter, and the payments may be counted as a receivable by any city or town for a fiscal year ending the preceding June 30.

(f) Any act or omission by the state with respect to this chapter shall in no way diminish the duty of any town or municipality to provide public safety or other ordinary services to the properties or facilities of the type listed in subsection (a).

(g) Provided, that payments authorized pursuant to this section shall be reduced pro rata, for that period of time that the municipality suspends or reduces essential services to eligible facilities. For the purposes of this section "essential services" include, but are not to be limited to, police, fire and rescue.

SECTION 2. This article shall take effect upon passage.


ARTICLE 7 SUBSTITUTE A AS AMENDED

RELATING TO TAXATION

SECTION 1. Chapter 30 of Title 44 entitled "Personal Income Tax" is hereby amended by adding thereto the following sections:

44-30-2.6. Rhode Island taxable income -- Rate of tax. -- (a) "Rhode Island taxable income" means federal taxable income as determined under the Internal Revenue Code, as amended and as modified by the modifications in section 44-30-12.

(b) Notwithstanding the provisions of sections 44-30-1 and 44-30-2, for tax years beginning on or after January 1, 2001, a Rhode Island personal income tax is imposed upon the Rhode Island taxable income of residents and nonresidents, including estates and trusts, at the rate of twenty-five and one-half percent (25.5%) for tax year 2001, and twenty-five percent (25%) for tax year 2002, and thereafter of the federal income tax rates, including capital gains rates and any other special rates for other types of income, except as provided in section 44-30-2.7, which were in effect immediately prior to enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA), provided, however, rate schedules shall be adjusted for inflation by the tax administrator beginning in taxable year 2002, and thereafter in the manner prescribed for adjustment by the commissioner of Internal Revenue in 26 U.S.C. Section 1(f).

(c) For tax years beginning on or after January 1, 2001, if a taxpayer has an alternative minimum tax for federal tax purposes, the taxpayer shall determine if he or she has a Rhode Island alternative minimum tax. The Rhode Island alternative minimum tax shall be computed by multiplying the federal tentative minimum tax (as determined on federal form 6251 Alternative Minimum Tax-Individuals) by twenty-five and one-half percent (25.5%) for tax year 2001, and twenty-five percent (25%) for tax year 2002, and thereafter, and comparing the product to the Rhode Island tax as computed otherwise under this section. The excess shall be the taxpayer's Rhode Island alternative minimum tax.

(d) Credit(s) against tax. - For tax years beginning on or after January 1, 2001, a taxpayer entitled to any of the following federal credits enacted prior to January 1, 1996:

earned income credit;

child and dependent care credit;

general business credit(s);

foreign tax credit;

credit for elderly or the disabled;

credit for prior year minimum tax;

mortgage interest credit;

empowerment zone employment credit;

qualified electric vehicle credit;

shall be entitled to a credit against the Rhode Island tax imposed under this section. The credit shall be twenty-five and one-half percent (25.5%) of the aforementioned federal credits for tax year 2001, and shall be twenty-five percent (25%) of the aforementioned federal credits for tax year 2002 and thereafter, provided, further, there shall be no deduction based on any federal credit(s) enacted after January 1, 1996, including the rate reduction credit provided by the federal Economic Growth and Tax Reconciliation Act of 2001 (EGTRRA). In no event shall the tax imposed under this section be reduced to less than zero. A taxpayer required to recapture any of the above credits for federal tax purposes shall determine the Rhode Island amount to be recaptured in the same manner as prescribed in this subsection.

44-30-2.7 Capital gains rates for assets held more than five (5) years. - All capital assets purchased prior to January 1, 2002 and sold on or after January 1, 2007, shall be deemed to have a holding period beginning January 1, 2002. For tax years beginning in 2007, the capital gains rate for assets held more than five (5) years shall be eight and one-third percent (8.33%) of the federal capital gains rate(s) which were in effect prior to the enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA). Beginning in tax year 2008 and thereafter, the capital gains rate for assets held more than five (5) years shall be zero percent (0%).

SECTION 2. Sections 44-30-3 and 44-30-33 of the General Laws in Chapter 44-30 entitled "Personal Income Tax" are hereby amended to read as follows:

44-30-3. Optional tax tables for resident individuals -- (a) General.. - The tax administrator may promulgate uniform tax tables for resident individual taxpayers for any taxable year. An individual may elect to use or not to use any tax table for which he or she is eligible.

(b) Preparation of tax tables.. - Tax tables promulgated hereunder shall be based either upon (i) the individual's Rhode Island taxable income, or (ii) the individual's federal income tax liability. In either case the tax administrator shall by regulation prescribe the conditions of eligibility for the use of a tax table. In no case shall the amount of tax calculated by use of a tax table be more than five dollars ($5.00) lower than the amount otherwise due under section 44-30-2.

44-30-33. Apportionment.- (a) The federal tax liability of a nonresident individual which is attributable to Rhode Island income shall be that proportion which Rhode Island income bears to federal adjusted gross income after the modifications in subsection (b) or (c) in section 44-30-12. For the purpose of this apportionment a nonresident individual may elect to treat his or her federal adjusted gross income as his or her Rhode Island income unless the amount of the modifications increasing federal adjusted gross income under section 44-30-12 would exceed one hundred dollars ($100).

(b) For tax years beginning on or after January 1, 2001, the Rhode Island income tax liability of a nonresident individual which is attributable to Rhode Island income shall be that proportion which Rhode Island income bears to federal adjusted gross income after the modifications in subsections (b) or (c) in section 44-30-12. For the purpose of this apportionment a nonresident individual may elect to treat his or her federal adjusted gross income as his or her Rhode Island income unless the amount of the modifications increasing federal adjusted gross income under section 44-30-12 would exceed one hundred dollars ($100).

SECTION 3. Section 44-22-1.1 of the General Laws in Chapter 44-22 entitled "Estate and Transfer Taxes - Liability and Computation" is hereby amended to read as follows:

44-22-1.1. Tax on net estate of decedent. -- (a) (1) For decedents whose death occurs on or after January 1, 1992, but prior to January 1, 2002, a tax is imposed upon the transfer of the net estate of every resident or nonresident decedent as a tax upon the right to transfer. The tax is a sum equal to the maximum credit for state death taxes allowed by 26 U.S.C. section 2011.

(2) For decedents whose death occurs on or after January 1, 2002, a tax is imposed upon the transfer of the net estate of every resident or nonresident decedent as a tax upon the right to transfer. The tax is a sum equal to the maximum credit for state death taxes allowed by 26 U.S.C. Section 2011 as it was in effect as of January 1, 2001.

(b) If the decedent's estate contains property having a tax situs not within the state, then the tax determined by this section is reduced to an amount determined by multiplying the tax by a fraction whose numerator is the gross estate excluding all property having a tax situs not within the state at the decedent's death and whose denominator is the gross estate. In determining the fraction, no deductions are considered and the gross estate is not reduced by a mortgage or other indebtedness for which the decedent's estate is not liable.

(c) (1) The terms "gross estate" or "federal gross estate" used in this chapter or chapter 23 of this title has the same meaning as when used in a comparable context in the laws of the United States, unless a different meaning is clearly required by the provisions of this chapter or chapter 23 of this title. Any reference in this chapter or chapter 23 of this title to the Internal Revenue Code or other laws of the United States means the Internal Revenue Code of 1954, 26 U.S.C. section 1 et seq. and other provisions of the laws of the United States as they may become effective at any time or from time to time.

(2) For decedents whose death occurs on or after January 1, 2002 the terms "gross estate" or "federal gross estate" used in this chapter or chapter 23 of this title has the same meaning as when used in a comparable context in the laws of the United States, unless a different meaning is clearly required by the provisions of this chapter or chapter 23 of this title. Any reference in this chapter or chapter 23 of this title to the Internal Revenue Code or other laws of the United States means the Internal Revenue Code of 1954, 26 U.S.C. Section 1 et seq., as they were in effect as of January 1, 2001.

(d) All values are as finally determined for federal estate tax purposes.

(e) Property has a tax situs within the state of Rhode Island:

(1) If it is real estate or tangible personal property and has actual situs within the state of Rhode Island; or

(2) If it is intangible personal property and the decedent was a resident.

SECTION 4. Sections 42-64.5-2, 42-64.5-3, 42-64.5-4 and 42-64.5-5 of the General Laws in Chapter 42-64.5 entitled "Jobs Development Act" are hereby amended to read as follows:

42-64.5-2. Definitions. -- As used in this chapter, unless the context clearly indicates otherwise:

(1) "Adjusted current employment" means, for any taxable year ending on or after July 1, 1995, the aggregate of the average daily number of full-time equivalent active employees employed within the State by an eligible company and its eligible subsidiaries during each taxable year.

(2) "Affiliated entity" means any corporation owned or controlled by the same persons or shareholders who own or control an eligible company.

(3) "Base employment" means the aggregate number of full-time equivalent active employees employed within the State by an eligible company and its eligible subsidiaries on July 1, 1994. ,or at the election of the eligible company, on an alternative date as provided by section 42-64.5-5. In the case of a manufacturing company which is ruined by disaster, the aggregate number of full time equivalent active employees employed at the destroyed facility would be zero, under which circumstance the base year shall be the calendar year in which the disaster occurred. Only one base employment period can be elected for purposes of a rate reduction by an eligible company.

(4) "Disaster" means an occurrence, natural or otherwise, which results in the destruction of sixty percent (60%) or more of an operating manufacturing business facility in this state, thereby making the production of products by the eligible company impossible and as a result active employees of the facility are without employment in that facility. However, disaster does not include any damage resulting from the willful act of the owner(s) of the manufacturing business facility.

(5) "Eligible subsidiary" means each corporation 80% or more of the outstanding common stock of which is owned by an eligible company.

(6) "Eligible company" means any corporation, state bank, federal savings bank, trust company, national banking association, bank holding company, loan and investment company, mutual savings bank, credit union, building and loan association, insurance company, investment company, broker-dealer company, manufacturing company, telecommunications company or surety company or an eligible subsidiary of any of the foregoing. An eligible company does not have to be qualified to do business in the state or have any employees in this state at the time its base employment is determined.

(7) "Full time equivalent active employee" means any employee of an eligible company who: (1) works a minimum of 30 hours per week within the State, or two (2) or more part-time employees whose combined weekly hours equal or exceed 30 hours per week within the State; and (2) earns no less than 150% of the hourly minimum wage prescribed by Rhode Island law.

(8) "New employment" means for each taxable year the amount of adjusted current employment for each taxable year minus the amount of base employment, but in no event less than zero; provided, however, no eligible company is permitted to transfer, assign or hire employees who are already employed within the State by such eligible company from itself or any affiliated entity or utilize any other artifice or device for the purpose of artificially creating new employees in order to qualify for the rate reduction provided for in this chapter.

"New employment" shall not include employees already employed in this state who become employees of an eligible company as a result of an acquisition of an existing company by purchase, merger, or otherwise, if the existing company was eligible for a rate reduction. In the case of a manufacturing company that suffers a disaster it shall mean any employment retained or added as the result of reconstruction of the manufacturing facility.

(9) "Rate reduction" means the reduction in tax rate specified in section 42-64.5-4.

(10) "Small business concern" means any eligible company which has a base employment level of less than one hundred (100).; provided, however, that a telecommunications company may not qualify as a small business concern.

(11) "State" means the State of Rhode Island and Providence Plantations.

(12) "Units of new employment" means (i) for eligible companies, which are not small business concerns, the amount of new employment divided by fifty (50), rounded down to the nearest multiple of fifty (50), and (ii) for eligible companies which are small business concerns the amount of new employment divided by ten (10), rounded down to the nearest multiple of ten (10); provided, however, that an eligible company (other than an eligible company that is a telecommunications company) with adjusted current employment of one hundred (100) or more employees in its first year of operation or in any other period following the date its base employment is determined shall determine its units of new employment by dividing the first one hundred (100) employees less its base employment by ten (10), rounded down to the nearest multiple of ten (10), and by dividing the number of additional employees in excess of one hundred (100) by fifty (50), rounded down to the nearest multiple of fifty (50).

(13) "Telecommunications Company" means any public service company or corporation whose rate of taxation is determined under subsection 44-13-4(4).

42-64.5-3. Tax rate reduction -- The rate of tax payable by an eligible company and each of its eligible subsidiaries for any taxable year ending on or after July 1, 1995, on its net income pursuant to the applicable income tax provisions of the general laws, including the provisions of sections 44-11-2(a), 44-14-3(a), 44-14-4 and 44-17-1, or on its gross earnings pursuant to subsection 44-13-4(4), shall be reduced by the amount specified in section 42-64.5-4; this rate reduction shall be applied annually once to those eligible companies which are permitted by law to file a consolidated state tax return and in the case of eligible companies not permitted by law to file consolidated state tax returns, then the rate reduction shall be applied annually to each eligible company and its eligible subsidiaries; provided, however, should any eligible company fail to maintain in any taxable year after 1997 or, if applicable, the third taxable year following the base employment period election set forth in section 42-64.5-5, the number of units of new employment it reported for its 1997 tax year, or, if applicable, the third taxable year following the base employment period election set forth in section 42-64.5-5; the rate reduction provided for in this chapter shall expire permanently.

42-64.5-4. Reduction rate schedule. - (a) The amount of the rate reduction specified in section 42-64.5-3 for any eligible company that is not a telecommunications company for each taxable year ending on or after July 1, 1995, shall be based upon the aggregate amount of new employment of the eligible company and its eligible subsidiaries for each taxable year, and shall be determined by multiplying the numerical equivalent of one-quarter of one percent (.25%) by the number of units of new employment for each taxable year through the taxable year ending in 1997; or, if applicable, the third taxable year following the base employment period election set forth in section 42-64.5-5; and for each taxable year thereafter, the number of units of new employment reported for the taxable year 1997; or, if applicable, the third taxable year following the base employment period election set forth in section 42-64.5-5; provided, however, the amount of each rate reduction shall in no event be greater than six percent (6%).

(b) The amount of the rate reduction specified in section 42-64.5-3 for any eligible company that is a telecommunications company shall be based upon the aggregate amount of new employment of the eligible company and its eligible subsidiaries for each taxable year and shall be determined in the same manner as set forth in subsection 42-64.5-4(a), except that it shall be determined by multiplying the numerical equivalent of one-hundredth of one percent (.01%) by the number of units of new employment and the amount of each rate reduction shall in no event be greater than one percent (1%).

(c) Notwithstanding any of the provisions of this chapter, where an eligible telecommunications company has one or more affiliated entities that is an eligible company, the eligible company entitled to a rate reduction may assign its rate reduction, to be determined in the manner as provided in subsection (b), to the eligible telecommunications company. An entity that assigns the rate reduction shall not be eligible for the rate reduction.

42-64.5-5. Election. -- An eligible company may elect to determine its "base employment" for the purposes of this chapter on either July 1, 1995, July 1, 1996, July 1, 1997 July 1, 1998, July 1, 1999, July 1, 2000, or July 1, 2001 rather than on July 1, 1994., provided, however, that an eligible company that is a telecommunication company may determine its base employment on either July 1, 2001 or July 1, 2002. As a result of the election, rules comparable to those set forth elsewhere in this chapter shall be applied to determine the rate reduction available for each of the three (3) taxable years following the first anniversary of the date the eligible company elected to use to determine its "base employment" and for the taxable years following that three (3) year period. This election (a) shall be made in a manner that may be determined by the tax administrator, and (b) shall not be available to an eligible company that previously claimed a rate reduction under this chapter.

SECTION 5. Sections 44-20-12, 44-20-12.1, 44-20-13 and 44-20-13.2 of the General Laws in Chapter 44-20 entitled "Cigarette Tax" are hereby amended to read as follows:

44-20-12. Tax imposed on cigarettes sold. -- A tax is imposed on all cigarettes sold or held for sale in the state by any person, the payment of the tax to be evidenced by stamps affixed to the packages containing the cigarettes and as required by the administrator. Any cigarettes on which the proper amount of tax provided for in this chapter has been paid, payment being evidenced by the stamp, is not subject to a further tax under this chapter. The tax is at the rate of thirty-five and one half (35.5) fifty (50) mills for each cigarette.

44-20-12.1. Cigarette floor stock tax. -- (a) Whenever used in this section, unless the context requires:

(1) "Cigarette" means and includes any cigarette as defined in section 44-20-1(2);

(2) "Person" means and includes each individual, firm, fiduciary, partnership, corporation, trust, or association however formed.

(b) Each person engaging in the business of selling cigarettes at wholesale or retail in this state pays a tax or excise to the state for the privilege of engaging in that business during any part of the calendar year 1997 2001. The tax is measured by the number of cigarettes held by the person in this state at 12:01 a.m. on July 1, 1997 2001 and is computed at the rate of five (5) fourteen and one-half (14.5) mills per cigarette.

(c) Each person subject to the payment of the tax imposed by this section shall, on or before July 14, 1997 16, 2001 file a return, under oath or certified under the penalties of perjury, with the tax administrator on forms furnished by him or her, showing the amount of cigarettes in that person's possession in this state at 12:01 a.m. on July 1, 1997 2001 and the amount of tax due, and shall at the time of filing the return pay the tax to the tax administrator. Failure to obtain forms shall not be an excuse for the failure to make a return containing the information required by the tax administrator.

(d) The tax administrator may prescribe rules and regulations, not inconsistent with law, with regard to the assessment and collection of the tax imposed by this section.

44-20-13. Tax imposed on unstamped cigarettes. -- A tax is imposed at the rate of thirty-five and one half (35.5) fifty (50) mills for each cigarette upon the storage or use within this state of any cigarettes not stamped in accordance with the provisions of this chapter in the possession of any person other than a licensed distributor or dealer, or a carrier for transit from without this state to a licensed distributor or dealer within this state.

44-20-13.2. Tax imposed on smokeless tobacco, cigars, and pipe tobacco products -- A tax is imposed on all smokeless tobacco, cigars, and pipe tobacco products sold or held for sale in the state by any person, the payment of the tax to be accomplished according to a mechanism established by the administrator, division of taxation, department of administration. Any tobacco product on which the proper amount of tax provided for in this chapter has been paid, payment being evidenced by a stamp, is not subject to a further tax under this chapter. The tax imposed by this section is at the rate of twenty percent (20%) thirty percent (30%) of the wholesale cost of smokeless tobacco, cigars, and pipe tobacco products. The proceeds collected are paid into the general fund.

SECTION 6. Section 5 shall take effect on July 1, 2001 and the remainder of this article shall take effect upon passage.


ARTICLE 8 SUBSTITUTE A AS AMENDED

RELATING TO HOSPITAL LICENSING FEES

SECTION 1. Section 23-17-38.1 of the General Laws in Chapter 23-17 entitled "Licensing of Health Care Facilities" is hereby amended to read as follows:

23-17-38.1. Hospitals -- Licensing Fee. -- (1) There is imposed a hospital licensing fee at the rate of two and sixty-five hundredths percent (2.65%) upon the gross patient services revenue of every hospital for the hospital's first fiscal year ending on or after January 1, 1995. This licensing fee shall be administered and collected by the tax administrator, division of taxation within the department of administration, and all the administration, collection, and other provisions of chapters 50 and 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax administrator on or before February 1, 2001, and payments shall be made by electronic transfer of monies to the general treasurer and deposited to the general fund in accordance with section 44-50-11. Every hospital shall, on or before January 2, 2001, make a return to the tax administrator containing the correct computation of gross patient services revenue, the gross licensing fee due upon such amount, the net licensing fee due which shall be an amount equal to the gross licensing fee less previous license fee payments made pursuant to this section during the period October 1, 1999 through January 31, 2001. All returns shall be signed by the hospital's authorized representative, subject to the pains and penalties of perjury.

(2) (a) There is imposed a hospital licensing fee at the rate of four and twenty-five hundredths percent (4.0%) (4.25%) upon the net patient services revenue of every hospital for the hospital's first fiscal year ending on or after January 1, 1999. This licensing fee shall be administered and collected by the tax administrator, division of taxation within the department of administration, and all the administration, collection and other provisions of chapter 50 and 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax administrator on or before April 3, October 31, 2001, and payments shall be made by electronic transfer of monies to the general treasurer and deposited to the general fund in accordance with section 44-50-11. Every hospital shall, on or before March 1, October 1, 2001, make a return to the tax administrator containing the correct computation of net patient services revenue for the hospital fiscal year ending September 30, 1999, and the licensing fee due upon such amount. All returns shall be signed by the hospital's authorized representative, subject to the pains and penalties of perjury.

(b) For purposes of this section the following words and phrases shall have the following meanings:

(i) "Hospital" means a person or governmental unit duly licensed in accordance with this chapter to establish, maintain, and operate a hospital, except a hospital whose primary service and primary bed inventory are psychiatric.

(ii) "Gross patient services revenue" means the gross revenue related to patient care services.

(iii) "Net patient services revenue" means the charges related to patient care services less (1) charges attributable to charity care, (2) bad debt expenses, and (3) contractual allowances.

(c) The tax administrator shall make and promulgate such rules, regulations, and procedures not inconsistent with state law and fiscal procedures as he or she deems necessary for the proper administration of this section and to carry out the provisions, policy and purposes thereof.

SECTION 2. This article shall take effect July 1, 2001 and shall apply to hospitals, as defined in Section 1, which are duly licensed on July 1, 2001. The licensing fee imposed by Section 1 shall be in addition to the inspection fee imposed by Section 23-17-38 and to

any licensing fees previously imposed and collected in accordance with Section 23-17-38.1.

ARTICLE 9 SUBSTITUTE A

RELATING TO CHILD CARE--STATE SUBSIDIES

SECTION 1. Section 40-6.2-5 of the General Laws in Chapter 23-17 entitled "Child Care-State Subsidies" is hereby amended to read as follows:

40-6.2-5. Health care coverage for center-based care providers. - (a) The department of human services is authorized and directed to establish a health care premium cost-sharing option through its RIte Care program for center-based child care providers who provide child care services paid for in whole or in part by the department of human services or the department of children, youth, and families, and who meet the eligibility requirements of this section.

(b) A center-based provider shall be eligible to participate if:

(1) The provider is licensed as a child day care provider by the department of children, youth, and families pursuant to chapter 72.1 of title 42; and

(2) The provider demonstrates that it meets the minimum subsidized child care participation rates specified in subsection (c), (d), or (e), for the applicable period; and

(3) The provider elects to exercise this health care premium cost-sharing coverage option on behalf of its employees and makes timely payment of the provider's share of the premium.

(c) Effective January 1, 1999, if the number of children served by the provider who meet the department's child care assistance income guidelines under 40-5.1-17 is at least fifty percent (50%) of the enrollment census of the provider, then the center-based child care provider shall pay fifty percent (50%) of the monthly premiums attributable to the center's participating employees.

(d) Effective July 1, 1999, if the number of children served by the provider who meet the department's child care assistance income guidelines under 40-5.1-17 is at least forty percent (40%) of the enrollment census of the provider, then the center-based child care provider shall pay fifty percent (50%) of the monthly premiums attributable to the center's participating employees.

(e) Effective July 1, 20012002, if the number of children served by the provider who meet the department's child care assistance income guidelines under 40-5.1-17 is at least thirty percent (30%) of the enrollment census of the provider, then the center-based child care provider shall pay fifty percent (50%) of the monthly premiums attributable to the center's participating employees.

(f) The department of human services is authorized to promulgate rules and regulations which it deems necessary to effect the intent and further define the terms and provisions of this section, and which may include, but need not be limited to the terms, premiums, conditions, limitations, and restrictions of the health care buy-in option, and enrollment periods and procedures.

SECTION 2. This article shall take effect on July 1, 2001.


ARTICLE 10 SUBSTITUTE A

RELATING TO CHILD CARE ELIGIBILITY

SECTION 1. Section 40-5.1-17 of the General Laws in Chapter 40-5.1 entitled "Family Independence Act" is hereby amended to read as follows:

40-5.1-17. Families eligible for child care assistance. - (a) The department shall provide appropriate child care to every parent who requires child care in order to meet the work requirements in 40-5.1-9 and to all other families with incomes at or below one hundred eighty-five percent (185%) of the federal poverty line, if and to the extent such other families require child care in order to work at paid employment; provided, however, that effective January 1, 1999, the department shall provide appropriate child care to such other families whose incomes are at or below two hundred percent (200%) of the federal poverty line; effective July 1, 1999, the department shall provide appropriate child care to such other families whose incomes are at or below two hundred twenty-five percent (225%) of the federal poverty line; and effective July 1, 2001 July 1, 2002, the department shall provide appropriate child care to such other families whose incomes are at or below two hundred fifty percent (250%) of the federal poverty line.

(b) For purposes of this section "appropriate child care" means child care, including infant/toddler, pre-school, nursery school, school-age, and youth care, which is provided by a person or organization qualified, approved, and authorized to provide such care by the department of children, youth, and families, or by the department of elementary and secondary education, or such other lawful providers as determined by the department of human services, in cooperation with the department of children, youth and families and the department of elementary and secondary education, subject to the following age limitations:

(1) Through December 31, 1998, for a child below the age of thirteen (13), or children age thirteen (13) years or older who are under supervision of the family court or who require care because of a physical or mental impairment;

(2) Effective January 1, 1999, for a child below the age of fifteen (15);

(3) Effective July 1, 1999, for a child below the age of sixteen (16);

(c) The department of human services shall determine rates of reimbursement for child care services for children over the age of twelve (12) in accordance with the provisions of 40-6.2-1.1(d).

For purposes of this section "appropriate child care" is defined in 40-5.1-9(e).

(d) Families with incomes below one hundred percent (100%) of the applicable federal poverty guidelines shall be provided with free child care. Families with incomes equal to or greater than one hundred percent (100%) of the applicable federal poverty guideline shall be required to pay for some portion of the child care they receive, according to a sliding fee scale adopted by the department.

(e) In determining the type of child care to be provided to a family, the department shall take into account the cost of available child care options and the suitability of the type of care available for the child and the parent's preference as to the type of child care.

(f) For purposes of this section "income" for families receiving cash assistance under 40-5.1-9 means gross earned income and unearned income, subject to the income exclusions in 40-5.1-10(b) and 40-5.1-10(c); and income for other families shall mean gross earned and unearned income as determined by departmental regulations.

(g) The entitlement provided for in subsection (a) shall be an entitlement to payment of a subsidy for child care to an appropriate child care provider as defined in subsection (b). The caseload estimating conference established by chapter 17 of title 35 shall forecast the expenditures for child care in accordance with the provisions of 35-17-1.

SECTION 2. This article shall take effect on July 1, 2001.


ARTICLE 11 SUBSTITUTE A

RELATING TO ENVIRONMENTAL MANAGEMENT

SECTION 1. Pursuant to the public laws, 2000, Chapter 55, Article 7, the effective date of the department of the environment, which was created by Chapter 461 of the public laws, 1990 was delayed until July 1, 2001 due to fiscal constraints.

The effective date of the following sections created by Chapter 461 of the public laws, 1990 are postponed again until July 1, 2002, sections 42-17.1-1 through 42-17.1-39 inclusive, and 42-17.1-41 through 42-17.1-44 inclusive.

SECTION 2. Section 42-17.1-40 of the General Laws in Chapter 42-17.1 entitled "Department of the Environment" is hereby amended to read as follows:

42-17.1-40. Continuity of administrative functions. -- In order to insure ensure continuity of the administrative business of the state, the actual transfer of functions or any part of that transfer to the department of the environment from the department of environmental management, department of health, water resources board, and other boards, commissions, departments, and/or agencies has been postponed after the effective date of Chapter 461 of the Public Laws of 1990, and the functions and authorities of the department of environmental management, the department of health, water resources board, and other boards, commissions, departments, and/or agencies shall remain unaffected, regardless of the repeal by chapter 461 of the public laws of 1990 of any law under which the departments, boards, commissions, or other agencies are empowered, which laws shall remain in effect until July 1, 2001, 2002 when the transfers provided in this section can be put into force and effect at which time the repeal of those laws shall become final.

SECTION 3. This article shall take effect on July 1, 2001. All acts of the state which were authorized by and performed in good faith and in reliance upon the effectiveness of Chapter 461 of the public laws, 1990, Chapter 133 of the public laws, 1992, Chapter 138 of the public laws, 1993, Chapter 70 of the public laws, 1994, Chapter 370 of the public laws, 1995, Chapter 100 of the public laws, 1996, Chapter 30 of the public laws, 1997, Chapter 31 of the public laws, 1998, Chapter 31 of the public laws, 1999, Chapter 55 of the public laws, 2000 are hereby ratified and confirmed.

ARTICLE 12 SUBSTITUTE A

RELATING TO GENERAL PUBLIC ASSISTANCE

SECTION 1. Hardship Contingency Fund - Out of the sum appropriated to the department of human services in Article 1 for general public assistance, the sum of four hundred fifty thousand dollars ($450,000) shall be used as a hardship contingency fund for the purposes and subject to the limitations hereinafter provided, and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sums or such portions thereof as may be required from time to time upon receipt by him or her of duly authenticated vouchers. From the aforesaid appropriation for hardship contingency, the director of the department of human services, in his or her sole discretion, may authorize payments of cash assistance benefits up to two hundred dollars ($200) per month upon a showing of hardship by an individual who is eligible for general public assistance medical benefits under section 40-6-3.1(a)(1). The director shall not be required to promulgate any new, additional or separate rules or regulations in connection with his or her disbursement of the contingency fund created hereby.

SECTION 2. This article shall take effect on July 1, 2001.


ARTICLE 13 SUBSTITUTE A AS AMENDED

RELATING TO MEDICAL ASSISTANCE

WHEREAS, The general assembly finds that direct care workers are an integral part of the health and human service system; and

WHEREAS, The general assembly recognizes the need to supplement the compensation of direct care workers; and be it further

RESOLVED, That the general assembly enacts this article with the expressed intent that the monies appropriated pursuant to this article be dedicated to increase wages for direct care workers.

SECTION 1. The departments of children, youth and families, elderly affairs, health, human services and mental health, retardation and hospitals are hereby authorized and directed to amend their contractual arrangements with certain provider agencies to allow for payment of a provider rate adjustment in fiscal year 2002. These arrangements shall include language that will require providers accepting the adjustment to dedicate the proceeds of the adjustment to compensation, including employee benefits, for direct care staff. The adjustment amount for fiscal year 2002 shall be three and eight-tenths percent (3.8%) of the estimated cost of compensation of direct care staff, including employee benefits, to each provider. Language shall also be included that will provide for reporting by the provider to verify this dedication of proceeds, and to require reimbursement of any such proceeds that are not disbursed according to this requirement. The provider types that shall be included are: assisted living waiver programs home-based services financed by the departments of elderly affairs and human services, including registered nurses, licensed practical nurses, certified nursing assistants, homemakers, personal care attendants and behavioral health specialists; services financed by the department of mental health, retardation and hospitals, including developmental disabilities, mental health community providers and substance abuse providers; contractual residential and non-residential providers to the department of children, youth and families, as well as adoptive parents; department of health early intervention and community health providers; and, adult day care providers contracted to the department of elderly affairs or the department of human services. For the purposes of this section, the term "providers" shall not include nursing homes, assisted living providers, hospitals or office or clinic based physician or dentists. In lieu of the rate adjustment provided in this section, the average standard board rate for foster parents shall be increased by $3.69.

SECTION 2. Section 40-8-19 of the General Laws in Chapter 40-8 entitled "Medical Assistance" is hereby amended to read as follows:

40-8-19. Rates of payment to nursing facilities -- (a) The rates to be paid by the state to nursing facilities licensed pursuant to chapter 17 of title 23, and certified to participate in the title XIX medicaid program for services rendered to medicaid-eligible residents, shall be reasonable and adequate to meet the costs which must be incurred by efficiently and economically operated facilities in accordance with 42 U.S.C. section 1396a(a)(13). The department of human services shall promulgate or modify principles of reimbursement to be consistent with the provisions of this section and title XIX, 42 U.S.C. 1396 et seq., of the Social Security Act.

(b) For the period ending January 1, 1991 through June 30, 1993, the rates paid by the Rhode Island medical assistance program for services provided to program beneficiaries in nursing facilities licensed pursuant to chapter 17 of title 23, shall have been based on the costs calculated in accordance with facility base years established under the Principles of Reimbursement, TN No. 92-17, adjusted by the percentage change in the national nursing home input price index granted on January 1 of each year subsequent to such base years, except that no such adjustment shall be made on January 1, 1994 and that facilities commencing operation (including total replacement facilities) subsequent to calendar year 1991 shall have had their first six (6) months of operation as their base period.

(1) Effective July 1, 1993, allowable costs shall be divided into the following seven (7) cost centers:

(i) Fixed property, which will include real estate, personal property, and fire district taxes;

(ii) Other property related, which will include interest, rent/lease, amortization of leasehold improvements, and depreciation;

(iii) Management related, which will include all salaries and personnel fees for administrators, managers, officers/owners, other administrative salaries, employer's share of health benefits for such personnel, other fringe benefits for such personnel, home office/central services, computer payroll and data processing charges, accounting/auditing fees, legal services, payroll taxes for such personnel, workers' compensation, group life, pension and retirement insurance for such personnel, utilization review, consultants, pharmacist salaries and services, and other salaries and fees exclusive of salaries and purchased services enumerated in the labor related cost center and of repairs; medical director salaries/fees; physician salaries/fees; salaries;

(iv) Energy, which will include fuel, gas, and electricity;

(v) OBRA 87, which will include reasonable costs of the following expense elements: medical director; physician salaries/fees, social worker salaries/fees; recreational activities salaries; quality of life; scope of services and activities under plan of care; resident assessment; provisions of services and activities; in-service education/training; physician supervision and clinical records; social services; general rights; transfer and discharge rights; access and visitation rights; equal access to quality care; admission policy; protection of resident funds; posting of survey results; administration; licensing and life safety code; and sanitary and infection control and physical environment;

(vi) Labor related, which will include all salaries and personnel costs for nonadministrative and nonmanagement employees including the employee's share of health benefits, other employee fringe benefits, payroll taxes, workers' compensation, group life, pension, and retirement insurance for those employees. This classification shall include employee costs and/or purchased service costs for the following categories: dietary, laundry and linen, housekeeping, RN's, LPN's, aides and orderlies, physical therapy, and other therapeutic services, recreational activities, social workers, and plant operation and maintenance; and

(vii) All other, which includes all other allowable costs not specifically covered by subsections (a) -- (f).

(2) For the fiscal year ending June 30, 1994, and each succeeding fiscal year, per diem maximum allowable costs for each cost center applicable during such fiscal year shall be as follows:

(i) For fixed property and OBRA 87, the maximum shall be equal to the cost at the one hundredth (100th) percentile of all continuously operating facilities arrayed in each cost center for calendar year 1991;

(ii) For labor related and all other, the maximum shall be equal to the cost at the eightieth (80th) percentile of all continuously operating facilities arrayed in each cost center for calendar year 1991;

(iii) For the energy and management related cost center, the maximum shall be equal to the cost at the seventy-fifth (75th) percentile of all continuously operating facilities arrayed in the cost center for calendar year 1991; provided, however, that for the fiscal year ending June 30, 1997, and each succeeding fiscal year, the per diem maximum allowable costs for the management related cost center shall be equal to the cost at the eightieth (80th) percentile of all continuously operating facilities arrayed in each cost center for calendar year 1991, such cost center ceiling to be adjusted by the national nursing home price index percentage increase granted on January 1, 1992 and January 1, 1993, and on an annual basis, commencing with the fiscal year beginning July 1, 1994 and each fiscal year thereafter to be adjusted on an annual basis consistent with the provisions of subdivision (3);

(iv) For the other property related cost center, the maximum allowable cost will be set at the rate of $18.97, for facilities licensed, under construction or that have made a significant financial commitment by July 1, 1993, or that will have submitted certificate of need applications by June 1, 1993 that will have been approved by September 30, 1993, and for future renovations to the existing bed supply; provided, however, that the reimbursement for depreciation and interest costs attributable to any future additions of bed capacity that exceed the lesser of ten (10) beds or ten percent (10%) of bed capacity or to construction of new facilities will be limited to a maximum equal to the cost at the seventieth (70th) percentile of all continuously operating facilities arrayed in the cost center for calendar year 1991. For those facilities to which the eighteen dollars and ninety-seven cents ($18.97) other property related maximum applies, the cost basis set forth in the principles of Reimbursement TN92-17 and a fifteen dollar ($15.00) maximum shall apply upon change of owner/operator to the new purchaser and/or operator of the facility. All costs, including salaries, must be absorbed within these group ceilings, except that the director may promulgate principles of reimbursement that permit increases in administrator salaries that may be accommodated within the combined cost center ceilings for the labor related and management cost centers. The total ceiling maximum will be the sum total of the seven (7) cost center ceilings.

(v) Notwithstanding any other provision to the contrary, for the fiscal year ending June 30, 2000, and each succeeding fiscal year, the other property related cost center for nursing facilities meeting each of the criteria below shall be subject to the maximum allowable rate of eighteen dollars and ninety-seven cents ($18.97):

(A) the facility must be certified to participate in Medicaid and in continuous operation and under the same ownership for reimbursement purposes since July 1, 1967; and

(B) costs for renovating the existing facility to modernize and to comply with fire safety codes make the costs of renovation fiscally unsound;

(C) if fewer replacement beds are constructed than are licensed in the existing facility, the license for the excess beds must be surrendered to the department of health;

(D) the certificate of need for the replacement beds must be granted no later than January 1, 2001;

(E) the existing facility must cease operations at the time the replacement beds are licensed; and

(F) recapture of depreciation will be paid to the state upon the sale of the existing facility.

(3) (i) Notwithstanding any other provision to the contrary, the national nursing home price index percentage increase granted on January 1, 1993 shall cover the period January 1, 1993 through June 30, 1994. Commencing with the fiscal year beginning July 1, 1994 and each fiscal year thereafter, except for the fiscal year beginning July 1, 1996 for which no such price index increase shall be applied, the annual percentage increase shall be applied to all cost center ceilings; and provided further that all cost center ceilings shall be increased by an additional nine-tenths of one percent (.9%) effective on July 1, 1999. Individual cost center rates will be adjusted by the percentage change in the national nursing home price index for the twelve (12) month period ending the previous April; provided, however, that no such price index adjustment shall be applied for the fiscal year beginning July 1, 1996; and provided further that all cost center ceilings shall be increased by an additional nine-tenths of one percent (.9%) effective on July 1, 1999. The annual percentage increase shall not apply to any facility cost center rate being held harmless pursuant to the provisions of subdivision (6).

(ii) The amount of percentage change to be utilized will be the index as reported by the health care financing administration on the first date it is available in the month of April of each year.

(4) The base year system established under the Principles of Reimbursement, TN #92-17, promulgated by the department of human services will be continued as follows: Commencing with the reporting year 1991, and with every reporting year thereafter, one-third (1/3) of the participating nursing facilities will have a new base year. The prospective rate of each nursing facility with a new base year will be recalculated after the completion of a desk audit of the BM-64 cost report, and will be effective July 1 of the year subsequent to the year in which the cost report was submitted. The recalculated rate will reflect the actual allowable costs as determined by the audit updated by the national nursing home input price index percentage increase(s) for the year(s) subsequent to the audited year to produce the prospective rate, except that no such price index adjustment shall be applied for the fiscal year beginning July 1, 1996; and provided further that there shall be an additional price index adjustment of nine-tenths of one percent (.9%) effective on July 1, 1999; provided, however, that the new prospective rate shall not exceed the maximum rates established for each cost center ceiling.

(5) Each nursing facility will report in account No. 470 the expenditure for health care provider assessment. The costs in this line item attributable to program revenue received will be fully recognized for reimbursement. An additional per diem rate will be calculated and added to each nursing facility rate to recognize the reimbursement.

(6) (i) Effective for the year ending June 30, 1994, and for each fiscal year thereafter, to encourage nursing facilities to accept and serve medicaid patients, all participating providers that had an overall medicaid occupancy for the preceding calendar year (e.g. calendar year 1992 for the fiscal year ending June 30, 1994) of eighty percent (80%) or greater will be allowed a .75 cent ($0.075) participating incentive factor per medicaid patient day, and all participating providers that had an overall medicaid occupancy for the preceding calendar year between fifty percent (50%) or greater but less than eighty percent (80%) will be allowed a .35 cent ($0.035) participating incentive factor. The participating incentive factor shall be subject to the ceiling maximum. With respect to state fiscal year ending June 30, 1999, each nursing facility duly licensed and participating as of June, 1999 shall be paid a one-time supplemental medicaid participating incentive factor of three dollars and twenty-one cents ($3.21) per day for each medicaid patient day in calendar year 1997 as reported on the facility's BM-64 cost report for calendar year 1997.

(ii) Effective July 1, 1993, each nursing facility shall receive a prospective rate made up of the allowed rates in each of the seven (7) cost centers, the rate attributable to the health care provider assessment, and, subject to the ceiling maximum applicable to the seven (7) cost centers in the aggregate, each nursing facility eligible shall receive the participating incentive factor. Provided; that for the fiscal year ending June 30, 1994, no nursing facility rate shall be adjusted in the energy, labor related, management related, all other, and other property related cost centers below the rate it was receiving or would have received in those cost centers on June 30, 1993, except for those changes resulting from the normal base year cycle audits and appeals; for the fiscal year ending June 30, 1995, no nursing facility's rate shall be adjusted in the energy, labor related, management related, all other, and other property related cost centers below the rate it was receiving or would have received in those cost centers on June 30, 1994, except for changes resulting from the normal base year cycle audits and appeals; for the fiscal year ending June 30, 1996, no nursing facility's rate shall be adjusted in the energy, labor related, management related, all other, and other property related cost centers below the rate it was receiving or would have received in those cost centers on June 30, 1995, except for changes resulting from the normal base year cycle audits and appeals. Provided, however, that for facilities under construction as of June 30, 1993, the reimbursement rate during the period from July 1, 1993 through June 30, 1995 shall be the lower of their actual cost per day during the first six (6) months of operation or the maximums in effect as of June 30, 1993.

(iii) For the state fiscal year ending June 30, 2002, there shall be added an interim per diem increase equal to three dollars and seventy-one cents ($3.71) per day to each nursing facility's medicaid per diem rate. This increase will be in addition to the July 1, 2001 inflationary increase provided by the principles of reimbursement.

The interim per diem will add three dollars and seventy-one cents ($3.71) to the labor related expenses cost center per diem, as inflated, and the cost center ceiling as of July 1, 2001.

The additional interim per diem must have been or must be expended by the nursing facility to increase wages and/or staffing; pay payroll taxes and workers' compensation on such payroll; and, enhance, expand or maintain new and existing fringe benefits. The interim per diem increase shall remain in the facility's rate after June 30, 2002 and until the facility's rate is recalculated after its next base period, to the extent it will have actually been expended by the nursing facility to increase wages and/or staffing; pay payroll taxes and workers' compensation on such payroll and enhance, expand or maintain new and existing fringe benefits prior to July 1, 2002. As defined herein, any amount of this per diem not expended for these reasons shall be subject to retroactive repayment to the state during the two (2) six (6) month base periods described herein. In order to determine that the amounts provided in the interim per diem are expended on labor related costs, each participating nursing facility shall submit a six (6) month labor report, on forms provided by the rate setting unit of the department of human services, for the six (6) month periods ending December 31, 2001 and June 30, 2002. Said six (6) month report(s) shall be filed no later than ninety (90) days from the date in which the six (6) month period is to be completed.

In the event it is determined that a facility has not expended the per diem in the manner described above, a retroactive adjustment will be made. Such retroactive adjustment will be payable in equal monthly installments over a six (6) month period starting with the month subsequent to the adjustment becoming final. The retrospective adjustment shall be calculated as the excess, if any of: (1) the product of Medicaid rate in the labor related cost center and the total bed days provided in the facility in each six (6) month period over; (2) the facility's actual expenditures in the labor related cost center for each six (6) month period. The difference between the retrospective adjustment as so calculated and three dollars and seventy-one cents ($3.71) will remain in the facility's rate after June 30, 2002, until the facility's rate is recalculated after its next base period.

The provisions of this subsection (iii) are expressly conditioned on, and are subject to, the approval of the U.S. Department of Health and Human Services, Health Care Financing Administration, and any terms and conditions expressed in such approval.

(7) Every nursing facility that participates in the medical assistance program shall, within ninety (90) days of passage, make application for refinancing of existing long term debt through the Rhode Island economic development corporation to the extent that the final interest rate achievable shall be lower than the nursing facility's existing rate. Notwithstanding the provisions of chapter 64 of title 42 or any other provisions of the general laws to the contrary, the Rhode Island economic development corporation is hereby authorized and empowered to participate in the refinancing of long term debt of nursing facilities as provided in this subsection.

(8) Every nursing facility that participates in the medical assistance program shall, within ninety (90) days of passage file an appeal with the department of business regulation for workers' compensation rate relief on the basis of worker classification revisions.

(9) If a facility fails to file such an appeal with the department of business regulation for workers' compensation rate relief, the reimbursement rate in the labor and payroll related cost center will be reduced by an amount equal to the medicaid proportion of the cost that would have been saved had the facility filed and been successful in such appeal.

(10) All of the medicaid proportion of reductions of costs from refinancings and worker compensation savings achieved through the cooperative efforts of the department and individual facilities, including rebates for prior years workers' compensation costs, will be paid in their entirety to the state forthwith after such savings are realized by the facility.

(11) Rates determined under this section shall be in compliance with all applicable federal laws and regulations and any necessary Title XIX and state plan approval.

(12) It is the intent of this chapter that quality health care be delivered with full recognition of the need for cost containment. To the extent the state identifies any indication of violations of the cost containment philosophy inherent herein, it may disallow the costs involved subject to the right of the affected nursing facility to appeal such disallowance in a hearing before an adjudicative hearing officer of the Rhode Island department of human services. The appeal shall be conducted in accordance with chapter 35 of title 42. Costs of such appeals will be borne by the appellants. In such proceedings, the burden of proof shall be on the nursing facility to rebut the state's finding by clear and convincing evidence.

SECTION 3. The budget officer shall for future budget preparations by the department pursuant to the provisions of Section 1, shall provide guidance and instructions regarding additional adjustments to the providers in Section 1, pursuant to section 35-3-4 of the Rhode Island general laws.

SECTION 4. This article shall take effect on July 1, 2001.


ARTICLE 14 SUBSTITUTE A

RELATING TO LICENSING OF HEALTH CARE PROFESSIONALS

SECTION 1. Sections 5-10-10, 5-10-13, and 5-10-15 of the General Laws in Chapter 5-10 entitled "Barbers, Hairdressers, Cosmeticians, Manicurists and Estheticians" are hereby amended to read as follows:

5-10-10.  Application form - Fee - Expiration and renewal of licenses - Fees. - (a) Applications for licenses under 5-10-9 are made upon any forms that are prescribed by the division and are accompanied by an examination fee of twenty-five dollars ($25.00) thirty-one dollars and twenty-five cents ($31.25). The license of every person licensed under 5-10-8 and 5-10-9 expires on the thirtieth (30th) day of October of every other year following the date of license. This is determined on an odd-even basis. On or before the first day of September of every year, the administrator of professional regulation shall mail an application for renewal of license to people scheduled to be licensed that year on an odd/even basis as to the license number. Every person who wishes to renew his or her license must file with the administrator of professional regulation a renewal application duly executed together with the renewal fee of thirty dollars ($30.00) thirty-seven dollars and fifty cents ($37.50). Applications, accompanied by the fee for renewal, are filed with the division on or before the fifteenth (15th) day of October in each renewal year. Upon receipt of the application and fee, the administrator of professional regulation grants a renewal license effective October 1st and expiring two (2) years later on September 30th.

(b) Every person who fails to renew his or her license on or before September 30th following the date of issuance as provided in subsection (a) may be reinstated by the division upon payment of the current renewal fee of thirty dollars ($30.00) thirty-seven dollars and fifty cents ($37.50) plus an additional fee of fifteen dollars ($15.00) eighteen dollars and seventy-five cents ($18.75) for each year the license has lapsed to a maximum of one hundred fifty dollars ($150).

(c) The license shall be on the person at all times while performing the services for which they are licensed.

5-10-13.  Demonstrator's permit. - The division may in its discretion issue to any person recognized by the division as an authority on, or an expert in the theory or practice of barbering, hairdressing, and cosmetic therapy and/or manicuring or esthetics and is the holder of a current esthetician's, manicurist's or a barber's, hairdresser's, and cosmetician's license in this state, another state or the District of Columbia, a demonstrator's permit for not more than six (6) days' duration for educational and instructive demonstrations; provided, that the permit is not used in the sense of a license to practice barbering, manicuring, esthetics or hairdressing and cosmetic therapy. The fee for the permit is twenty-five dollars ($25.00) fifty dollars ($50.00).

5-10-15.  Licensing of shops. - (a) No shop, place of business or establishment shall be opened or conducted within the state by any person, association, copartnership, corporation, or otherwise for the practice of barbering, manicuring and/or hairdressing and cosmetic therapy or esthetics until the time that application for a license to operate that shop, place of business or establishment for the practice of manicuring and/or hairdressing and cosmetic therapy or esthetics is made, to the division, in the manner and on the forms that it prescribes, and a license, under the terms and conditions, not contrary to law, that the division requires is granted for it and a license issued. No licenses are granted to any shop, place of business, or establishment for the practice of hairdressing and cosmetic therapy unless the proprietor or a supervising manager in the practice of barbering, hairdressing and cosmetic therapy, of the shop, place of business, or establishment is licensed and has been licensed as a licensed barber or hairdresser and cosmetician for a period of at least one year immediately prior to the filing of the application for the license. No license is granted to any shop, place of business, or establishment for the practice of manicuring or esthetics unless the proprietor or a supervising manager of the proprietor is licensed and has been licensed as a licensed barber, hairdresser and cosmetician, manicurist or esthetician for a period of at least one year immediately prior to the filing of the application for the license. The supervising manager is registered with the division as the manager of a licensed shop and is only registered to manage one shop at a time. The proprietor of the licensed shop and the manager shall notify the division, in writing, within ten (10) days upon the termination of employment as the manager of the licensed shop. The license of the shop expires forty-five (45) days after the division is notified by the proprietor if no new manager is registered with the division as the supervising manager of the shop.

(b) All licenses issued under this section terminate on the first day of July following the date of issue. The fee for the license is seventy-five dollars ($75.00) ninety-three dollars and seventy-five cents ($93.75) and for each renewal of the license the fee is seventy-five dollars ($75.00) ninety-three dollars and seventy-five cents ($93.75).

SECTION 2. Sections 5-19-13, 5-19-24, and 5-19-31 of the General Laws in Chapter 5-19 entitled "Pharmacy" are hereby amended to read as follows:

5-19-13.  Examination and registration fees. - Every person applying for examination and registration as a registered pharmacist shall pay the board of pharmacy, within the department of health, the required fee prescribed in the rules and regulations which reflect the actual cost of the examination, but is no more than three hundred dollars ($300) three hundred fifty dollars ($350.00). Upon passing the required examination, the person is furnished without further charge with a certificate of registration. Every applicant for a reciprocal registration as a registered pharmacist pays to the board a fee of one hundred dollars ($100) one hundred twenty-five dollars ($125.00) plus any expense of making an investigation of his or her character, general reputation, and pharmaceutical standing in the state in which he or she has resided. The fee for an annual renewal is fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50).

5-19-24.  Pharmacy license fees - Renewal - Display - License not transferable. - Every application for a pharmacy license must be in writing and accompanied by a payment to the board of pharmacy of the sum of one hundred dollars ($100) one hundred twenty-five dollars ($125.00) as a license fee. Licenses are consecutively numbered, and are renewed annually, for which renewal fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50) shall be paid to the board. The license is displayed conspicuously in the pharmacy, and is not transferable.

5-19-31.  Special licenses not transferable - Renewal - Fees. - Special licenses are not transferable, expire on the dates subsequently indicated in this section, and are renewed annually by application as provided for in this chapter. The application is accompanied by the fee subsequently required in this section. The fees required for the issuing of licenses required in 5-19-26 - 5-19-29, the dates of expiration of those licenses following the date of issue, and the fees required for their renewal are as follows:

   Original Fee

Date of Expiration

Renewal Fee

   5-19-26   $100 $125.00

June 30

$75.00 $93.75

   5-19-27   $100 $125.00
June 30
$75.00 $93.75
   5-19-28   $50.00 $62.50
June 30
$25.00 $31.25
   5-19-29   $75.00 $93.75
Termination
Issued for
 

of each (sale)

each (sale)

SECTION 3. Sections 5-25-10, 5-25-11, and 5-25-12 of the General Laws in Chapter 5-25 entitled "Veterinary Practice" are hereby amended to read as follows:

5-25-10.  Qualifications for licensure. - Any applicant for licensure shall submit to the division written evidence on forms furnished by the division of professional regulation verified by oath that the applicant meets all of the following requirements:

(1) Be a graduate of a school or college of veterinary medicine recognized and accredited by the American Veterinary Medical Association and by the division or certification by the Educational Council for Foreign Veterinary Graduates;

(2) Pay an application fee of twenty dollars ($20.00) twenty-five dollars ($25.00) at the time of submitting the application, which, in no case is returned to the applicant;

(3) Be of good moral character, evidenced in the manner prescribed by the division; and

(4) Comply with any other qualifications that the division prescribes by regulation.

5-25-11.  Licensing of veterinarians. - (a) By Examination. The applicant is required to pass with a grade determined by the division an examination approved by the division; upon payment of an examination fee of two hundred dollars ($200) Two hundred fifty dollars ($250.00) every candidate who passes that examination, and in the opinion of the division meets the qualifications of 5-25-10, shall, upon payment of an initial license fee, which shall be equal to the biennial license renewal fee in effect, be issued a license to practice veterinary medicine. Veterinarians licensed under the provisions of this chapter on August 31, 1985 shall continue to be licensed.

(b) Without Examination by Endorsement. A license to practice veterinary medicine may be issued without examination to an applicant who has been duly licensed by examination as a veterinarian under the laws of another state or territory or District of Columbia, if, in the opinion of the division, the applicant meets the qualifications required of veterinarians in this state, as further defined in rules and regulations.

5-25-12.  Expiration and renewal of licenses. - (a) The certificate of every person licensed as a veterinarian under the provisions of this chapter expires on the first day of May of each even numbered year. On or before the first day of March of each two (2) year period, the administrator of the division of professional regulation shall mail an application for renewal of license to every person to whom a license has been issued or renewed during the current licensure period. Every person so licensed who desires to renew his or her license shall file with the division of professional regulation a renewal application duly executed together with a renewal fee of two hundred dollars ($200) two hundred fifty dollars ($250.00) on or before the thirty-first day of March of each even year.

(b) Upon receipt of an application, and payment of the renewal fee, the administrator of professional regulation shall grant a renewal license effective the second day of May, and expiring on the first day of May of the next even numbered year.

(c) Any person who allows his or her license to lapse by failing to renew it on or before the thirty-first day of March of the next even year, as provided above, may be reinstated by the administrator of professional regulation on payment of the current renewal fee plus an additional fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50)

(d) Any person using the title "veterinarian" during the time that his or her license has lapsed is subject to the penalties provided for violations of this chapter.

SECTION 4. Sections 5-29-7, 5-29-11, 5-29-13 and 5-29-14 of the General Laws in Chapter 5-29 entitled "Podiatrists" are hereby amended to read as follows:

5-29-7.  Examination of applicants - Fees - Reexamination. - The division of professional regulation board of podiatry examiners is empowered to review applications as defined in this chapter and to require a minimum application fee of two hundred fifty dollars ($250) three hundred twelve dollars and fifty cents ($312.50) at the time of application. Application fees are not refundable unless sickness or other good cause appearing to the satisfaction of the division such applicant was prevented from attending and completing the examination. One further or subsequent examination under that application may be given to applicants in the discretion of the division, without payment of an additional fee.

5-29-11.  Fee. - The biennial renewal fee shall not be less than one hundred dollars ($100) two hundred dollars ($200.00) nor be more than three hundred dollars ($300) three hundred seventy-five dollars ($375.00). From the proceeds of any fees collected pursuant to the provisions of this chapter there is created a restricted receipts account which shall be used for the general purpose of the division of professional regulation within the department of health.

5-29-13.  Limited registrations. - (a) An applicant for limited registration under this chapter who furnishes the division of professional regulation of the department of health with satisfactory proof that the applicant is eighteen (18) years of age or older and of good moral character, that the applicant has creditably completed not less than two (2) years of study in a legally chartered podiatry school that is accredited by the council on podiatric medical education of the American podiatric medical association having power to grant degrees in podiatry, and that the applicant has been appointed an intern, resident, fellow, or podiatry officer in a hospital or other institution maintained by the state, or by a city or town, or in a hospital or clinic which is incorporated under the laws of this state or in a clinic which is affiliated with a hospital licensed by the department of health, or in an out-patient clinic operated by the state, may, upon the payment of ten dollars ($10.00) fifty dollars ($50.00), be registered by the division as a hospital officer for any time that the division prescribes; but that limited registration entitles the applicant to practice podiatry in the hospital or other institution designated on his or her certificate of limited registration, or outside that hospital or other institution for the treatment, under the supervision of one of its medical officers who is a duly licensed physician and/or podiatrist or persons accepted by it as patients, or in any hospital, institution, clinic, or program affiliated for training purposes with the hospital, institution, or clinic designated on the certificate, which affiliation is approved by the division of professional regulation and the council of podiatric medical education of the American podiatric medical association and in any case under regulations established by such hospital, institution, or clinic. Provided, further, that each such hospital, institution, or clinic shall submit to the division of professional regulation annually a list of affiliated hospitals, institutions, clinics, or programs providing training programs which comply with the terms of this section. Limited registration under this section may be revoked at any time by the division.

(b) The division of professional regulation of the department of health may promulgate any rules and regulations that it deems necessary to effect the provisions of this chapter.

5-29-14. Limited registration - Academic faculty. - Notwithstanding any other provisions of this chapter, a podiatrist of noteworthy and recognized professional attainment who is a clearly outstanding podiatrist and who has been offered by the dean of a medical school or podiatry school in this state a full-time academic appointment, is eligible for a limited registration while serving on the academic staff of the medical school or podiatry school. Upon recommendation of the dean of an accredited school of medicine, podiatry in this state, the board in its discretion, after being satisfied that the applicant is a graduate of a foreign podiatry school and a person of professional rank whose knowledge and special training will benefit that medical school, podiatry school may issue to that podiatrist a limited registration to engage in the practice of podiatry to the extent that the practice is incidental to a necessary part of his or her academic appointment and then only in the hospital or hospitals and out-patient clinics connected with the medical school or podiatry school. Except to the extent authorized by this section, the registrant shall not engage in the practice of podiatry or receive compensation for that practice, unless he or she is issued a license to practice podiatry. The registration is valid for a period of not more than one year expiring on the 30th day of June following its initial effective date but may be renewed annually. Provided, that such registration automatically expires when the holder's relationship with the medical school or podiatry school is terminated. The application fee for the registration authorized under this section is three hundred fifty dollars ($350) four hundred thirty-seven dollars and fifty cents ($437.50). The application fee for biennial renewal shall be not less than one hundred dollars ($100) two hundred fifteen dollars ($215.00) nor more than three hundred dollars ($300) three hundred seventy-five dollars ($375.00) as promulgated by the director.

SECTION 5. Sections 5-30-6, 5-30-7, 5-30-8, and 5-30-12 of the General Laws in Chapter 5-30 entitled "Chiropractors" are hereby amended to read as follows:

5-30-6.  Qualifications and examinations of applicants. - Every person desiring to begin the practice of chiropractic, except as subsequently provided, shall present satisfactory evidence to the division of professional regulation of the department of health, verified by oath, that he or she is more than twenty-three (23) years of age, of good moral character, and that before he or she commenced the study of chiropractic had satisfactorily completed credit courses equal to four (4) years of pre-professional study acceptable by an accredited academic college and obtained a bachelor of science or bachelor of arts degree and subsequently graduated from a chiropractic school or college approved by the division of professional regulation of the department of health and has completed a residential course of at least four (4) years, each year consisting of at least nine (9) months study. Any qualified applicant shall take an examination before the state board of chiropractic examiners to determine his or her qualifications to practice chiropractic. Every applicant for an examination shall pay a fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50) for the examination to the division of professional regulation. Every candidate who passes the examination is recommended by the division of professional regulation of the department of health to the director of health to receive a certificate of qualification to practice chiropractic.

5-30-7.  Certification of chiropractors authorized to practice in other states. - The division of professional regulation of the department of health may, at its discretion, dispense with the examination of any chiropractor authorized to practice chiropractic in any other state, and who has been practicing his or her profession in that state for at least five (5) years and desires to reside permanently and practice his or her profession in this state, provided the laws of that state require qualifications of a grade equal to those required in Rhode Island, and provided that equal rights are accorded by that state to chiropractors of Rhode Island. The chiropractor shall make an application to the division for exemption from examination and the division may in its discretion exempt him or her. If the division exempts him or her, he or she pays a fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50) for a certificate of exemption from that examination, and upon receipt of that fee, the division recommends him or her to the director of health to receive a certificate of qualification to practice chiropractic.

5-30-8.  Certification to practice physiotherapy. - (a) Every person desiring to practice physiotherapy in addition to chiropractic and who: completed a course of four (4) years, of eight (8) months each, in some school of chiropractic approved by the division of professional regulation of the department of health, completed a course of three (3) years, of nine (9) months each, at some school of chiropractic approved by the division and an additional year, of at least six (6) months, in physiotherapy and all branches of that field, at that school, or has served as an intern for six (6) months in any year at an institution approved by the division, and satisfies the division that he or she is qualified, may take an examination before the state board of chiropractic examiners to determine his or her qualification to practice physiotherapy in addition to chiropractic.

(b) Every applicant for that examination pays a fee of thirty-five dollars ($35.00) forty-three dollars and seventy-five cents ($43.75) for the examination to the division of professional regulation of the department of health, provided that if the examination is taken at the same time as the examination to determine the applicant's fitness to practice chiropractic, but one fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50) is charged. Every candidate who passes that examination is recommended by the division of professional regulation of the department of health to the director of health to receive a certificate of qualification to practice physiotherapy.

5-30-12.  Annual registration - Payment of fees. - Annually, during the month of October in each year, every person granted a certificate to practice chiropractic registers his or her name, address, and place of business with the division of professional regulation of the department of health. The division keeps a book for that purpose, and each person registering pays a fee of one hundred dollars ($100) one hundred twenty-five dollars ($125.00) and receives a certificate of registration for the next succeeding fiscal year, unless the certificate of practice has been suspended or revoked for cause, as provided in 5-30-13. All fees for examination, for certificate of exemption from examination, and for annual registration are deposited as general revenues.

SECTION 6. Sections 5-31.1-6, 5-31.1-21, 5-31.1-22 and 5-31.1-23 of the General Laws in Chapter 5-31.1 entitled "Dentists and Dental Hygienists" are hereby amended to read as follows:

5-31.1-6. License to practice - Qualifications of applicants - Fee - Reexamination. - Authority to practice dentistry or dental hygiene under this chapter is by a license issued by the director of health, to any reputable dentist or dental hygienist who intends to practice dentistry or dental hygiene in this state, and who meets the requirements for licensure prescribed in this chapter and regulations established by the board or the director. Applicants for licensure as dentists shall present satisfactory evidence of graduation from a school of dentistry accredited by the American Dental Association Commission on dental accreditation or its designated agency and approved by the board, meet any other requirements that the board or director by regulation establishes, and pass in a satisfactory manner any examinations that the board requires. Applicants for licensure as dental hygienists shall present satisfactory evidence of graduation from a school for dental hygiene accredited by the American Dental Association Commission on dental auxiliary accreditation or its designated agency and approved by the board, meet any other requirements that the board or director by regulation establishes and pass in a satisfactory manner any examination that the board requires. Any dentist applying for licensure pays an application fee of three hundred fifty dollars ($350) four hundred thirty-seven dollars and fifty cents ($437.50) and any dental hygienist applying for licensure pays an application fee of seventy-five dollars ($75.00) ninety-three dollars and seventy-five cents ($93.75) and application fees shall in no case be returned. Applicants requiring reexamination for dentistry submit a fee of three hundred fifty dollars ($350) four hundred thirty-seven dollars and fifty cents ($437.50) for each reexamination. Applicants requiring reexamination for dental hygiene submit a fee of seventy-five dollars ($75.00) ninety-three dollars and seventy-five cents ($93.75) for each reexamination.

5-31.1-21.  Annual registration. - (a) On or before the first day of October May in each year the board mails an application for annual registration to every person to whom a license to practice dentistry or dental hygiene in this state has been granted by the constituted licensing authority in the state. Every licensed person who intends to engage in the practice of his or her profession during the ensuing year registers his or her license by filing with the board that application executed together with any registration form and fee that is established by regulation by the director on or before the first day of December June in each year. Upon receipt of that application and fee the board issues a registration certificate effective January 2 July 1 and expiring the following January 1 June 30, and that registration certificate renders its holder a registered practitioner of dentistry or dental hygiene for that registration period.

(b) The registration certificate of all dentists and dental hygienists whose renewals accompanied by the prescribed fee are not filed on or before the first day of January July automatically expire. The board may in its discretion and upon the payment by the dentist or dental hygienist of the current registration fee plus an additional fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50) reinstate any certificate expired under the provisions of this section. All unexpended monies in the account of the board of dentistry are transferred to the new board of dentistry as created by this section as of June 2, 1988.

(c) Dentists and dental hygienists not intending to practice in this state may request on an annual basis to be placed on inactive status. Those requests must be made, in writing, to the dental administrator and must be accompanied by a fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50) for dentists and twenty-five dollars ($25.00) thirty-one dollars and twenty-five cents ($31.25) for dental hygienists. Persons on inactive status may be reinstated by paying the current annual registration fee and must meet any requirements established by this chapter and as are further prescribed by the rules and regulations.

5-31.1-22. Limited registrations - An applicant for limited registration under this chapter who furnishes the board with satisfactory proof that the applicant is eighteen (18) years of age or older and of good moral character, that the applicant has graduated from a dental school accredited by the American Dental Association commission on dental accreditation or its designated agency and approved by the board, and that the applicant has been appointed an intern, resident, fellow, or dental officer in a hospital or other institution maintained by the state, or by a city or town, or in a hospital or clinic which is incorporated under the laws of this state or in a clinic which is affiliated with a hospital licensed by the department of health, or in an out-patient clinic operated by the state, may, upon the payment of twenty-five dollars ($25.00) thirty-one dollars and twenty-five cents ($31.25) be registered by the board as a hospital dental officer for any time that the board prescribes; but that limited registration entitles the applicant to practice dentistry in the hospital or other institution designated on his or her certificate of limited registration, or outside that hospital of other institution for the treatment, under the supervision of one of its dental officers who is a licensed dentist, in the state of persons accepted by it as patients, or in any hospital, institution, clinic, or program affiliated for training purposes with the hospital, institution, or clinic designated on this certificate, which affiliation is approved by the board, and in any case under regulations established by that hospital, institution, or clinic. Provided; that each hospital, institution, or clinic submits to the board annually a list of training programs which comply with the terms of this section. Limited registration under this section may be revoked at any time by the board. The board and/or the director may promulgate any rules and regulations that it deems necessary to carry out the provisions of this section.

5-31.1-23. Limited registration - Academic faculty. - Notwithstanding any other provisions of this chapter, a dentist of noteworthy and recognized professional attainment who is a clearly outstanding dentist and who has been offered by the dean of a medical school, dental school, or school of dental hygiene in this state a full-time academic appointment, is eligible for a limited registration while serving on the academic staff of the medical school, dental school, or school of dental hygiene. Upon recommendation of the dean of an accredited school of medicine, dentistry, or school of dental hygiene in this state, the board in its discretion, after being satisfied that the applicant is a graduate of a foreign dental school and a person of professional rank whose knowledge and special training will benefit that medical school, dental school, or school of dental hygiene may issue to that dentist a limited registration to engage in the practice of dentistry to the extent that the practice is incidental to a necessary part of his or her academic appointment and then only in the hospital or hospitals and out-patient clinics connected with the medical school, dental school, or school of dental hygiene. Except to the extent authorized by this section, the registrant shall not engage in the practice of dentistry or receive compensation for it, unless he or she is issued a license to practice dentistry in accordance with the provisions of this chapter. The registration is valid for a period of not more than one year expiring on the 30th day of June following its initial effective date but may be renewed annually. Provided, that the registration automatically expires when the holder's relationship with the medical school, dental school, or school of dental hygiene is terminated. The application fee for the registration authorized under this section is three hundred and fifty dollars ($350) four hundred thirty-seven dollars and fifty cents ($437.50). The application fee for initial annual renewal is one hundred dollars ($100) one hundred twenty-five dollars ($125.00). Subsequently, fees are as promulgated by the director.

SECTION 7. Sections 5-32-3, 5-32-6, 5-32-7, and 5-32-13 of the General Laws in Chapter 5-32 entitled "Electrolysis" are hereby amended to read as follows:

5-32-3. Certificates - Applications - Penalty for violations. - The division of professional regulation of the department of health issues certificates to practice electrolysis as defined in this chapter, to any persons that comply with the provisions of this chapter. Any person who desires to engage in that practice shall submit in writing, in any form that is required by the board, an application for a certificate to engage in that practice, which application is accompanied by a fee of eighty dollars ($80.00) one hundred dollars ($100.00). Any person, firm, corporation or association violating any of the provisions of this chapter commits a misdemeanor and upon conviction shall be punished by a fine not to exceed two hundred dollars ($200) or imprisoned for a period not to exceed three (3) months, or both the fine and imprisonment.

5-32-6. Examination of applicants - Expiration and renewal of certificates. - Examination of applicants for certificates is held at least twice a year in the city of Providence and may be held elsewhere in the discretion of the division of professional regulation of the department of health. The division has the power to adopt, change, alter and amend, rules and regulations for the conducting of those examinations, and may fix the fee for reexamination. The division issues to each person successfully passing the examination, where an examination is required, and who satisfies the division of his or her qualifications, a certificate, signed by the administrator of the division, entitling him or her to practice that business in this state for the annual period stated in the certificate, or until the certificate is revoked or suspended, as subsequently provided. All certificates expire on the 30th day of April of each year, unless sooner suspended or revoked, and are renewed for the next ensuing year by the division upon payment to it of an annual renewal fee of twenty-five dollars ($25.00) thirty-one dollars and fifty cents ($31.50) for each renewal.

5-32-7.  Certification of licensees from other states. - Any person licensed to practice electrolysis in any other state or states, who is, or in good faith intends to become, a resident of this state, where the requirements are the equivalent of those of this state and who meets the requirements of this chapter is entitled to take that examination and, if he or she passes that examination, is, upon the payment of a fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50), entitled to be licensed under the provisions of this chapter.

5-32-13. Annual renewal of certificates. - All certificates issued under the provisions of this chapter are renewed annually by the holders of the certificate at an annual renewal fee of twenty-five dollars ($25.00) ) thirty-one dollars and fifty cents ($31.50) by the division of professional regulation of the department of health.

SECTION 8. Sections 5-33.2-13.1, 5-33.2-15, and 5-33.2-16 of the General Laws in Chapter 5-33.2 entitled "Funeral Director/Embalmer Funeral Service Establishments" are hereby amended to read as follows:

5-33.2-13.1.  Crematories - License and inspection. - No crematory owned or operated by or located on property licensed as a funeral establishment or at another location or by a cemetery shall conduct cremations without first having applied for and obtained a license from the department. Applications for the crematory license are made on forms furnished by the division accompanied by the application fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50).Upon receipt of a completed application, the department issues a license. A license is issued to a specific licensee for a specific location and is not transferable. The facility and licensee shall meet all requirements as prescribed by the rules and regulations established by the department, not inconsistent with this chapter.

5-33.2-15.  Annual renewal of licenses. - All licenses issued under the provisions of this chapter must be renewed annually by their holders, who shall pay to the division a yearly renewal fee of seventy-five ($75.00) ninety-three dollars and seventy-five cents ($93.75) for the renewal of a funeral director/oembalmer's license, fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50) for each funeral establishment branch office license and fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50) for the crematory license. On or before the fifteenth day of November in each year the division mails to each licensed funeral director/embalmer and to each licensed funeral establishment, funeral establishment branch office and crematory an application for the renewal. Applications, accompanied by the fee for renewal, are filed with the division on or before the thirty-first day of December in each year. Applications filed after the thirty-first of December and on or before the fifteenth of January must be accompanied by a fee of forty dollars ($40.00) fifty dollars ($50.00) for funeral director/embalmers and funeral establishments in addition to the previously established renewal fees. Any funeral director/embalmer who acts or holds himself or herself out as a funeral director/embalmer after his or her certificate has been lapsed shall be punished as provided in this chapter. Any funeral establishment, funeral establishment branch office or crematory who acts or holds itself out as a funeral establishment after its license has lapsed shall be punished as provided in this chapter.

5-33.2-16.  Funeral director/Embalmer - Internship. - (a) Nothing in this chapter is construed as prohibiting any person from serving as a funeral director/embalmer intern. Before an internship begins the person desiring to become and intern shall register with the division on any forms that it prescribes. No person under the age of eighteen (18) years is permitted to register as an intern. The division may make any rules and regulations that it deems advisable for the supervision of interns. All persons registering as an intern pay a fee of twenty dollars ($20.00) twenty-five dollars ($25.00) at the time of the registration. That intern is not permitted to advertise or hold himself or herself out to the public as a registered funeral director/embalmer. The term of internship is not less than one year; provided, that if an intern after having served his or her internship fails to pass the examination for a funeral director/embalmer's license or fails to embalm fifty (50) human remains during their internship, he or she may continue their internship; provided, further, that the total term of internship must be completed within five (5) years from the date of original registration.

(b) The intern must have assisted in embalming at least fifty (50) bodies if the period for registered internship is to be satisfied in one year; provided, that if the internship is for more than one year, the applicant must embalm at least twenty five (25) bodies for each year of their internship. Each licensed funeral establishment embalming up to one hundred fifty (150) human remains per year is allowed to register one intern at one time. Each establishment embalming more than one hundred fifty (150) but less than three hundred (300) human remains per year is allowed to register two (2) interns at one time. Each establishment embalming three hundred (300) or more human remains per year is allowed to register three (3) interns at one time.

SECTION 9. Sections 5-34-12, 5-34-16, 5-34-19, and 5-34-37 of the General Laws in Chapter 5-34 entitled "Nurses" are hereby amended to read as follows:

5-34-12. Application fee for professional nurses. - The applicant for a license to practice nursing as a professional nurse pays a fee of seventy-five dollars ($75.00) ninety-three dollars and seventy five cents ($93.75).

5-34-16.  Application fee for practical nurse licensure. - The applicant for licensure to practice as a licensed practical nurse pays a fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50).

5-34-19.  Expiration and renewal of licenses. - (a) The license of every person licensed under this chapter expires on the first day of March of every other year following the date of license. This will be determined on an odd-even basis. On or before the first day of January of every year, the administrator of professional regulation mails an application for renewal of license to people scheduled to be licensed that year on an odd-even basis with respect to the license number. Every person who wishes to renew his or her license files with the administrator of professional regulation a renewal application duly executed together with the renewal fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50).

(b) Upon receipt of an application accompanied by payment of fees, the administrator of professional regulation grants a renewal license effective March second and expiring two (2) years later on March first, and that renewal license renders the holder a legal practitioner of nursing for the period stated on the certificate of renewal.

(c) Any person practicing nursing during the time his or her license has lapsed is considered an illegal practitioner and is subject to the penalties provided for violation of this chapter.

5-34-37.  Application fee for certified registered nurse practitioners. - The initial application fee for licensure as a certified registered nurse practitioner is seventy-five dollars ($75.00) ninety-three dollars and seventy-five cents ($93.75). The renewal fee for a certified registered nurse practitioner is seventy dollars ($70.00) biennially, fifty dollars ($50.00) eighty-seven dollars and fifty cents ($87.50) biennially, sixty-two dollars and fifty cents ($62.50) for registered nurse fee plus twenty dollars ($20.00) twenty-five dollars ($25.00) for the certified registered nurse practitioner. The fee for application for prescriptive privileges is twenty-five dollars ($25.00) thirty-one dollars and twenty-five cents ($31.25).

SECTION 10. Sections 5-34.2-4 of the General Laws in Chapter 5-34.2 entitled "Nurse Anesthetists" are hereby amended to read as follows:

5-34.2-4.  Duties of board. - (a) (1) Applications. Applicants for licensure submit appropriate certification credentials, as described in 5-34.2-3, plus an application fee (not refundable) made payable to the general treasurer, state of Rhode Island, for seventy-five dollars ($75.00) ninety-three dollars and seventy-five cents ($93.75).

(2) The proceeds of any fees collected pursuant to the provisions of this chapter are placed in a restricted receipt account which is used for the general purposes of the division of professional regulation within the Rhode Island department of health.

(b) Renewal. Licensure as a nurse anesthetist is renewed during the same period as the professional registered nurses license to practice in Rhode Island. Renewal fee for a nurse anesthetists license is fifty dollars ($50.00) ninety-three dollars and seventy-five cents ($93.75), thirty dollars ($30.00) sixty-two dollars and fifty cents ($62.50) of this is for the professional registered nurses license and twenty dollars ($20.00) twenty-five dollars ($25.00) of this is for the nurse anesthetists license.

(c) Revocations, suspension or refusal to renew licensure. The board may revoke, suspend or refuse to renew the licensure of any nurse anesthetist, if the board finds that the person fails to meet the requirements for practice as a nurse anesthetist specified in either this chapter or board regulation.

(d) Announcement of practice. No person may practice or advertise as a nurse anesthetist or use other words, letters, signs, figures or devices to indicate that the person is a certified registered nurse anesthetist, CRNA, until the person has first been licensed by the board.

SECTION 11. Sections 5-35-9, 5-35-11, 5-35-13, 5-35-15, and 5-35-25 of the General Laws in Chapter 5-35 entitled "Optometrists" are hereby amended to read as follows:

5-35-9.  Fee for examination and license. - Every applicant pays to the division of professional regulation a fee of forty dollars ($40.00) fifty dollars ($50.00) which accompanies his or her application for examination including a certificate of license.

5-35-11.  Conduct of examinations in optometry. - The division of professional regulation holds at least two (2) examinations each year. In case of failure in any one subject of the examination, the applicant, after the expiration of six (6) months and within two (2) years, may take an examination in that subject upon payment to the division of an additional fee of five dollars ($5.00) fifty dollars ($50.00) for each examination. The results of the examination are to be made known to the applicant within sixty (60) days of the date of those examinations.

5-35-13.  Registration of optometrists from other states. - Any person who presents evidence to the division of professional regulation that he or she is entitled to practice optometry in another state where requirements for registration are, in the opinion of the division, equivalent to those of this state, may be registered and given a certificate of license in this state without examination upon payment to the division of a fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50); provided, that the other state accords a similar privilege to holders of certificates of license issued in this state and the applicant has not previously failed to pass the examinations required in this state.

5-35-15.  Renewal of license to practice optometry. - Every licensed optometrist who desires to continue the practice of optometry presents satisfactory evidence to the board of examiners for optometry and approved by rule or regulation by the board of examiners for optometry that the practitioner has completed a prescribed course of continuing optometric education or related health fields; and annually, in the month of January, pays to the division of professional regulation a renewal fee of one hundred dollars ($100) one hundred twenty-five dollars ($125.00) for which he or she receives a renewal of his or her certificate of license for one year. In case of neglect or refusal to pay, the division revokes or suspends that certificate; provided, that no certificate of license is suspended or revoked without first giving sixty-days' notice in each case of neglect or refusal, and within that period, any optometrist has the right to receive a renewal of that certificate on payment of the renewal fee, together with an added penalty of five dollars ($5.00) fifty dollars ($50.00). Retirement from practice in this state for a period not exceeding five (5) years does not deprive the holder of a certificate of license of the right to renew a certificate upon the payment of all annual renewal fees remaining unpaid, and a further fee of fifty dollars ($50.00) as an added penalty. Any person holding a certificate issued by the director of public health prior to May 2, 1936, authorizing that person to practice optometry in this state, is entitled, upon application to the division of professional regulation and the payment of the renewal fee previously prescribed, to receive a certificate of license authorizing him or her to practice optometry in this state.

5-35-25.  Opticians' biennial license fee. - Every registered optician, biennially, at any time that is prescribed by the division of professional regulation, pays to the division a license fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50) in default of which the division may revoke an individual's certificate and his or her authority to conduct the business of an optician.

SECTION 12. Section 5-37-2 of the General Laws in Chapter 5-37 entitled "Board of Medical Licensure and Discipline" is hereby amended to read as follows:

5-37-2.  License to practice - Qualifications of applicants - Fee - Reexamination. - (a) (1) Authority to practice allopathic or osteopathic medicine under this chapter is by a license issued by the director of health to any reputable physician who intends to practice allopathic or osteopathic medicine in this state, and who meets the requirements for licensure established in this chapter and regulations established by the board or by the director. Applicants for licensure shall present satisfactory evidence of graduation from a medical school or school of osteopathic medicine approved by the board and in good standing, shall meet post graduate training requirements and any other requirements that the board or director by regulation establishes, and shall pass in a satisfactory manner any examination that the board may require. Any physician applying for licensure pays an application fee of three hundred fifty dollars ($350) four hundred thirty-seven dollars and fifty cents ($437.50) and that fee shall in no case be returned. Applicants requiring reexamination shall submit a fee of three hundred fifty dollars ($350) ) four hundred thirty-seven dollars and fifty cents ($437.50) for each reexamination.

(2) A license to practice allopathic medicine is issued to persons who have graduated from a school of medicine, possess a degree of doctor of medicine (or meet the requirements of subsection (b)), and meet the requirements for licensure.

(3) A license to practice osteopathic medicine is issued to persons who have graduated from a school of osteopathic medicine and possess a degree of doctor of osteopathy and otherwise meet the requirements for licensure. A license to practice osteopathic medicine confers upon the holder the right to practice osteopathic medicine in all its branches as taught and practiced in accredited colleges of osteopathic medicine. The holder of that license is subject to the same duties and liabilities and entitled to the same rights and privileges which may be imposed by law or governmental regulation upon physicians of any school of medicine.

(b)(1) Qualification of Certain Other Applicants for License. Notwithstanding any other provisions of this section an individual, who at the time of his or her enrollment in a medical school outside the United States is a citizen of the United States, is eligible to apply for a certificate pursuant to this section if he or she has satisfied the following requirements: (i) has studied medicine in a medical school located outside the United States which is recognized by the World Health Organization; (ii) has completed all of the formal requirements of the foreign medical school except internship and/or social service; (iii) has attained a score satisfactory to a medical school approved by the liaison committee on medical education on a qualifying examination acceptable to the state board for medicine, and has satisfactorily completed one academic year of supervised clinical training under the direction of any United States medical school; (iv) has completed the post-graduate hospital training required by the board of applicants for licensure; and (v) has passed the examination required by the board of all applicants for licensure.

(2) Satisfaction of the requirements of subdivision (b)(1) is in lieu of the completion of any foreign internship and/or social service requirements, and no such requirements is a condition of licensure as a physician in this state.

(3) Satisfaction of the requirements of subdivision (b)(1) is in lieu of certification by the educational council for foreign medical graduates, and this certification is not a condition of licensure as a physician in this state.

(4) No hospital licensed by this state, or operated by the state or a political subdivision of the state, or which receives state financial assistance, directly or indirectly, requires an individual, who at the time of his or her enrollment in a medical school outside the United States is a citizen of the United States, to satisfy any requirements other than those contained in subdivisions (b)(1)(i), (b)(1)(ii), and (b)(1)(iii) prior to commencing an internship or residency.

(5) A document granted by a medical school located outside the United States which is recognized by the World Health Organization issued after the completion of all the formal requirements of that foreign medical school except internship and/or social service, upon certification by the medical school in which this training was received of satisfactory completion by the person to whom this document was issued of the requirements in subdivision (b)(1)(iii), is deemed the equivalent of a degree of doctor of medicine for purposes of licensure and practice as a physician in this state.

(6) No funds appropriated by the general assembly to any school or college of medicine shall be disbursed until the director of health has certified that this school or college has established, and will maintain until December 31, 1989, a clinical training program as contemplated by subdivision (b)(1)(iii), to accommodate residents of this state deemed qualified by that school or college of medicine consistent with that school's or college's educational resources.

SECTION 13. Sections 5-37.2-10 and 5-37.2-14 of the General Laws in Chapter 5-37.2 entitled "The Healing Art of Acupuncture" are hereby amended to read as follows:

5-37.2-10.  Application for licenses - Fees. - An applicant for examination for a license to practice acupuncture or any branch of acupuncture, shall:

(1) Submit an application to the department on forms provided by the department;

(2) Submit satisfactory evidence that he or she is twenty-one (21) years or older and meets the appropriate education requirements;

(3) Pay a fee of one hundred dollars ($100) one hundred twenty-five dollars ($125.00); and

(4) Pay any fees required by the department for an investigation of the applicant or for the services of a translator if required to enable the applicant to take the examination.

5-37.2-14.  Recordation and display of licenses - Annual registration fee - Penalties for failure to pay fee. - (a) Every person holding a license authorizing him or her to practice acupuncture or to serve as an acupuncture assistant in this state shall record his or her license with the city or town hall in the city or town where his or her office and residence are located. Every licensee upon a change of residence or office shall have his or her certificate recorded in the same manner in the municipality to which he or she has changed.

(b) Every license shall be displayed in the office, place of business, or place of employment of the license holder.

(c) Every person holding a license shall pay to the department on or before February 1 of each year, the annual registration fee required pursuant to subsection (e). If the holder of a license fails to pay the registration fee his or her license is suspended. The license may be reinstated by payment of the required fee within ninety (90) days after February 1.

(d) A license which is suspended for more than three (3) months under the provisions of subsection (c) may be canceled by the board after thirty (30) days notice to the holder of the license.

(e) The annual registration fees shall be prescribed by the department and shall not exceed the following amounts:

(1) Doctor of acupuncture $500 six hundred twenty-five dollars ($625.00).

(2) Licensed acupuncture assistant $250 three hundred twelve dollars and fifty cents ($312.50).

SECTION 14. Section 5-39.1-9 of the General Laws in Chapter 5-39.1 entitled "License Procedure for Social Workers" is hereby amended to read as follows:

5-39.1-9.  Fees and renewal. - The initial fee for application for licensure is one hundred dollars ($100) one hundred twenty-five dollars ($125.00). Licenses are renewed every twenty-four (24) months after initial licensure upon payment of a fee of one hundred dollars ($100) one hundred twenty-five dollars ($125.00) and in compliance with any additional requirements that the board promulgates.

SECTION 15. Sections 5-40-8 and 5-40-10 of the General Laws in Chapter 5-40 entitled "Physical Therapists" are hereby amended to read as follows:

5-40-8.  Application fee for physical therapists. - When an application is submitted to the division of professional regulation for a license to practice physical therapy in Rhode Island pursuant to this chapter, either by endorsement or by examination, the applicant pays a fee of one hundred dollars ($100) one hundred twenty-five dollars ($125.00) to the state department of health.

5-40-10.  Expiration and renewal of licenses. - (a) The certificate of every person licensed under the provisions of this chapter expires on the first day of May of the next even year following the date of original licensure. On or before the first day of March of each year, the administrator of the division of professional regulation mails an application for renewal of license to every person to whom a license has been issued or renewed during the current licensure period. Every person licensed who desires to renew his or her license files with the division of professional regulation a renewal application executed together with a renewal fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50) for physical therapists and forty dollars ($40.00) fifty dollars ($50.00) for physical therapist assistants on or before the thirty-first day of March of each even year.

(b) Upon receipt of the renewal application, and payment of the renewal fee, the accuracy of the application is verified and the administrator of professional regulation shall grant a renewal license effective the second day of May, and expiring on the first day of May of the next even year.

(c) Any person who allows his or her license to lapse by failing to renew it on or before the thirty-first day of March of the next even year, as provided in this section, may be reinstated by the administrator of professional regulation on payment of the current renewal fee plus an additional fee of twenty-five dollars ($25.00).

(d) Any person using the title "physical therapist" or "physical therapist assistant" during the time that his or her license has lapsed is subject to the penalties provided for violations in this chapter.

SECTION 16. Sections 5-40.1-12 and 5-40.1-13 of the General Laws in Chapter 5-40 entitled "Occupational Therapy" are hereby amended to read as follows:

5-40.1-12.  Renewal of licenses - Inactive status. - (1) Upon the recommendation of the board, the director issues to applicants who have satisfactorily met the licensure requirements of this chapter, a license to practice occupational therapy in this state. The license, unless sooner suspended or revoked, expires on the thirty-first (31st) day of March, of each even year (biennially).

(2) On or before the first (1st) day of March of each even year, the administrator of the division mails an application for renewal of license to every individual to whom a license has been issued or renewed during the current licensure period.

(3) Every licensed individual who desires to renew his or her license files with the division a renewal application executed together with the evidence of continuing education requirements as delineated in subdivision (3) and the renewal fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50) made payable by check to the general treasurer, state of Rhode Island, on or before the thirty-first (31st) day of March of each even year.

(4) On application for renewal of license, occupational therapists and occupational therapy assistants must show proof of participation in twenty (20) hours biennially in presentations, clinical instruction, publications, research, inservice programs, American Occupational Therapy Association-recognized conferences, university course, and/or self-study courses.

(5) Upon receipt of a renewal application and payment of fee, the director, upon the recommendation of the board, grants a renewal license effective the thirty-first (31st) day of March for a period of two (2) years, unless sooner suspended or revoked.

(6) Any individual who allows his or her license to lapse by failing to renew it on or before the thirty-first (31st) day of March of the next even year as provided in subdivisions (1), (2) and (3), may be reinstated by the director upon receiving a receipt from the division for payment of the current renewal fee plus an additional twenty-five dollars ($25.00) made payable by check to the general treasurer, state of Rhode Island.

(7) An individual using the title "occupational therapist" or "occupational therapy assistant" during the time his or her license has lapsed is subject to the penalties provided for violation of those regulations and this chapter.

(b) An individual licensed as an occupational therapist or occupational therapy assistant in this state who does not intend to engage in the practice of occupational therapy within this state during any year, may upon request to the division, have his or her name transferred to an inactive status and is not required to register biennially or pay any fee as long as he or she remains inactive. Any individual whose name has been transferred to an inactive status pursuant to this section, may be restored to active status to practice occupational therapy without a penalty fee, upon the filing of an application for licensure renewal, the licensure renewal fee of twenty dollars ($20.00) sixty-two dollars and fifty cents ($62.50) made payable by check to the general treasurer, state of Rhode Island, and any other information that may be requested by the division.

5-40.1-13.  Fees. - When an application is submitted to the division of professional regulation for a license to practice occupational therapy in Rhode Island, the applicant pays a non-refundable fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50) to the general treasurer. A biennial renewal fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50) is submitted with a renewal application on or before the first (1st) day of March of each even year pursuant to the requirements of 5-40.1-12(1), and any person who allows his or her license to lapse by failing to renew it in the manner prescribed pays an additional fee of twenty-five dollars ($25.00) as referred to in 5-40.1-12(1).

SECTION 17. Sections 5-44-12, 5-44-13 and 5-44-15 of the General Laws in Chapter 5-44 entitled "Psychologists" are hereby amended to read as follows:

5-44-12.  Application fee. - The applicant applying for certification as a psychologist pays a fee of one hundred and fifty dollars ($150) one hundred eighty-seven dollars and fifty cents ($187.50) to the state department of health.

5-44-13.  Temporary permit. - (a) Pursuant to 5-44-6 and 5-44-23(e) of this chapter and rules and regulations R-5-44-PSY of the Rhode Island department of health, as amended, a temporary permit to practice psychology under supervision may be granted to a candidate for licensure who has paid the required fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50) and has satisfied the following requirements:

(1) Filed an application for licensure with all required supporting materials;

(2) Met all the requirements for admission to examination, except the requisite number of hours of post-doctoral supervised experience, in a setting and manner satisfactory to the board;

(3) Requested, in writing, the issuance of this temporary permit for the purpose of meeting the supervision requirement;

(4) Refrained from using the title "psychologist" or representing himself or herself as a psychologist other than by using the title "psychology student" or "psychology trainee"; and

(5) Completed the requisite number of hours of post-doctoral experience within three (3) years of the date of the temporary permit.

(b) The temporary permit expires upon notice of passing or failing the examination for licensure. If the candidate fails the examination, the permit may be extended under further requirements established by the board.

5-44-15.  Expiration and renewal of licenses - Continuing education - Lapsed license. - (a) The license of every person licensed under the provisions of this chapter expires on the first day of July next following the date of his or her license.

(b) On or before the first day of May in each year, the administrator mails an application for renewal of license to every person to whom a license has been issued or renewed during the current year.

(c) Every licensed person who desires to renew his or her license files with the division a renewal application, executed, together with a renewal fee of one hundred dollars ($100) one hundred twenty-five dollars ($125.00), on or before the first day of June in each year. Upon receipt of a renewal application and payment of the renewal fee, the accuracy of the application shall be verified and the administrator of professional regulation shall grant a renewal license effective July 1st and expiring the following June 30th.

(d) Every licensed psychologist who desires to continue licensure as a licensed psychologist shall present satisfactory evidence to the board and approved by rule or regulation of the board that the licensed psychologist has completed a prescribed course of continuing licensed psychological education.

(e) Any person who allows his or her license to lapse, by failing to renew it on or before June 1st in each year, as provided in this section, may be reinstated by the administrator of professional regulation on payment of the current renewal fee, plus an additional fee of twenty-five dollars ($25.00). Any person using the title "psychologist" or offering services defined as the practice of psychology under this chapter during the time his or her license has lapsed is subject to the penalties provided for violation of this chapter.

SECTION 18. Section 5-45-10 of the General Laws in Chapter 5-45 entitled "Nursing Home Administrators" is hereby amended to read as follows:

5-45-10.  Renewal of licenses - Continuing education. - (a) Every holder of a nursing home administrator's license shall renew it every two (2) years by applying to the department on forms provided by that agency.

(b) Each renewal application is accompanied by the fee of one hundred and twenty dollars ($120) one hundred fifty dollars ($150.00).

(c) Beginning January 1, 1996, proof of satisfactory completion of a minimum of forty (40) clock hours of continuing education every two (2) years must be submitted with the renewal application.

(d) Renewals are granted as a matter of course, unless the agency finds the applicant has acted or failed to act in a manner or under circumstances that would constitute grounds for suspension or revocation of a license.

SECTION 19. Section 5-48-9 of the General Laws in Chapter 5-48 entitled "Speech Pathology and Audiology" is hereby amended to read as follows:

5-48-9.  Fees - Late filing - Inactive status. - (a) The board may charge an application fee of twenty-five dollars ($25.00) thirty-one dollars and fifty cents ($31.50);a biennial license renewal fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50) payable before July 1 of even years (biennially); or a provisional license renewal fee of twenty-five dollars ($25.00) thirty-one dollars and fifty cents ($31.50) payable annually from the date of issue.

(b) Any person who allows his or her license to lapse by failing to renew it on or before the thirtieth (30th) day of June of even years (biennially), may be reinstated by the board on payment of the current renewal fee plus an additional late filing fee of twenty-five dollars ($25.00).

(c) An individual licensed as a speech language pathologist and/or audiologist in this state, not in the active practice of speech-language pathology or audiology within this state during any year, may upon request to the board, have his or her name transferred to an inactive status and shall not be required to register biennially or pay any fee as long as he or she remains inactive. Inactive status may be maintained for no longer than two (2) consecutive licensing periods, after which period licensure is terminated and reapplication to the board required to resume practice.

(d) Any individual whose name has been transferred to an inactive status may be restored to active status within two (2) licensing periods without a penalty fee, upon the filing of:

(1) An application for licensure renewal, with a licensure renewal fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50) made payable by check to the general treasurer, state of Rhode Island; and

(2) Any other information that the board may request.

SECTION 20. Section 5-49-11 of the General Laws in Chapter 5-49 entitled "Hearing Aid Dealers and Fitters" is hereby amended to read as follows:

5-49-11.  Duration of license - Renewal of license - Fees - Effect of failure to renew. - (a) The department promulgates rules and regulations mandating the term of license for each category of license issued pursuant to this chapter; however no license remains in force for a period in excess of two (2) years.

(1) Each person who engages in the fitting and sale of hearing aids pays to the department a fee, assessed at twenty-five dollars ($25.00) thirty-one dollars and twenty-five cents ($31.25) per annum for each year of the term of license, for a renewal of his or her license.

(2) The renewal certificate is conspicuously posted in his or her office or place of business at all times.

(3) Where more than one office is operated by the licensee, duplicate certificates are issued by the department for posting in each location.

(c) A thirty (30) day grace period is allowed during which time licenses may be renewed on payment of a fee to the department of twenty-five dollars ($25.00) per annum for each year of the term of renewal.

(d) After expiration of the grace period, the department may renew those certificates upon payment to the department of twenty-five dollars ($25.00) per annum for each year of the term of renewal.

(e) The total fee for the entire term of license or renewal is paid prior to the issuance of the license.

(f) No person who applies for renewal, whose license has expired, is required to submit to any examination as a condition to renewal; provided, that the renewal application is made within two (2) years from the date of that expiration.

SECTION 21. Sections 5-54-9 and 5-54-11 of the General Laws in Chapter 5-54 entitled "Physician Assistants" are hereby amended to read as follows:

5-54-9.  Criteria for licensure as a physician assistant. - The board recommends to the director for licensure as a physician assistant an applicant who:

(1) Is of good character and reputation;

(2) Graduated from a physician assistant training program certified by the AMA's committee on allied health, education, and accreditation, its successor, the Commission on Accreditation of Allied Health Education Programs (CAAHEP) or its successor.

(3) Passed a certifying examination approved by the national commission on certification of physician assistants or any other national certifying exam approved by the board.

(4) Submitted a completed application together with the required fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50).

5-54-11.  Issuance and annual renewal of certificates of licensure. - (a) The board recommends to the director for registration those individuals who meet the criteria for licensure as stated in this chapter. Upon that recommendation, the director issues a certificate of licensure as a physician assistant.

(b) The certificate of licensure expires annually on the thirtieth day of June. On or before the first day of March in each year, the administrator mails an application for renewal certificate to every person licensed under the provisions of this chapter, and every person who desires his or her certificate to be renewed files with the division the renewal application together with a renewal fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50) on or before the first day of June in each year. Upon receipt of the renewal application and payment of fee, the accuracy of the application is verified and the administrator grants a renewal certificate effective July 1st and expiring the following June 30th unless the certificate is sooner suspended for cause as provided in 5-54-12.

SECTION 22. Sections 5-59-3 and 5-59-6 of the General Laws in Chapter 5-59 entitled "Prosthetist and Prosthetic Facilities" are hereby amended to read as follows:

5-59-3  Applications for certification. - Any person who desires to be certified as stated in 5-59-2 submits, in writing, on the forms that may be provided by the division, an application for certification which is accompanied by a fee of one hundred dollars ($100) one hundred twenty-five dollars ($125.00) together with the other credentials that the division requires. All the proceeds of any fees collected pursuant to the provisions of this chapter are deposited as general revenues.

5-59-6.  Recertification - Renewal. - Every holder of a certificate issued under this chapter annually presents evidence to the division of continued eligibility as attested to by a current certificate issued by the American board of certification in orthotics and prosthetics. All certificates issued under this chapter expire annually on the last day of September unless sooner renewed. Applications for renewal-recertification are made during the month of September of each year. An annual renewal fee of twenty-five dollars ($25.00) thirty-one dollars and twenty-five cents ($31.25) is required.

SECTION 23. Section 5-60-11 of the General Laws in Chapter 5-60 entitled "Athletic Facilities" is hereby amended to read as follows:

5-60-11.  Fees. - The fees for applicants for athletic trainer licenses are:

(1) An athletic trainer examination fee of fifteen dollars ($15.00) eighteen dollars and seventy-five cents ($18.75);

(2) An athletic trainer license fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50); and

(3) An athletic trainer biennial license renewal fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50). Any person allowing their license to lapse pays a twenty-five dollar ($25.00) late fee.

SECTION 24. Section 5-63.2-17 of the General Laws in Chapter 5-63.2 entitled "Mental Health Counselors and Marriage and Family Therapists" is hereby amended to read as follows:

5-63.2-17.  Expiration and renewal of license. - (a) Every clinical mental health counselor and marriage and family therapist who desires to continue licensure as a licensed clinical mental health counselor and licensed marriage and family therapist presents satisfactory evidence to the board and approved by rule or regulation of the board that the licensed clinical mental health counselor and licensed marriage and family therapist has completed a prescribed course of continuing education. The license of every person licensed under the provisions of this chapter expires on the first day of July of the next even year following the date of his/her license; provided, that no license expires prior to July 1, 1998. On or before the first day of May in each even year, commencing in the year 1998, the administrator mails an application for renewal of license to every person to whom a license is issued or renewed during the current year, and every licensed person who sires desires to renew his or her license files with the division the renewal application executed, and this application includes verification of prescribed continuing education requirements, together with two hundred dollars ($200) two hundred fifty dollars ($250) on or before the first day of June in each even year. Upon receipt of the application and payment of the fee, the accuracy of the application is verified and the administrator of professional regulation grants a renewal license effective July 1st and expiring twenty-four (24) months later.

(b) Any person who allows his or her license to lapse, by failing to renew it on or before June 1st in each year, as provided in this section, is reinstated by the administrator of professional regulation on payment of the current renewal fee plus an additional fee of fifty dollars ($50.00); and verification of prescribed continuing education requirements. Any person using the title "clinical mental health counselor" and/or "marriage and family therapist" during the time his or her license has lapsed is subject to the penalties provided for violation of this chapter; provided, that if a person has allowed his or her licensure to lapse for four (4) years or more, he or she is reinstated at the discretion of the board.

SECTION 25. Sections 5-64-6, 5-64-8 and 5-64-13 of the General Laws in Chapter 5-64 entitled "The Licensed Dietician" are hereby amended to read as follows:

5-64-6.  Applicant qualifications - Permit applications - Fees - Exemptions. - (a) When filing an application for a license the applicant must present evidence of (1) completion of a baccalaureate or postbaccalaureate degree with a program in nutrition or dietetics and (2) completion of a board approved, planned, continuous experience in dietetic practice of not less than 900 hours under the supervision of a registered dietitian or dietitian/nutritionist licensed in the state, and (3) passing an examination.

(b) Each application is accompanied by a fee of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50).

5-64-8.  Fees. - Licenses are valid for two (2) years and must be renewed biennially, the renewal fee is one hundred dollars ($100) one hundred twenty-five dollars ($125.00). Application for renewal of a certificate which has expired requires the payment of a reregistration fee of one hundred dollars ($100) one hundred twenty-five dollars ($125).

5-64-13.  License expiration, renewal. - All licenses under this chapter are renewed annually biennially and are accompanied by a fee of fifty dollars ($50.00) one hundred twenty-five dollars ($125.00). The application is accompanied or supported by evidence of the completion of a minimum of twenty (20) continuing nutrition education credits as approved by the board, reported biennially every second year after the 1993 recertification period. Failure of application for renewal license to practice to furnish the evidence constitutes grounds for revocation, suspension, or refusal to renew the license, unless the board of dietetics in its discretion determines the failure to be due to reasonable cause or excusable neglect. This applicant is given six (6) months to make up the appropriate amount of credits required to bring him or her into compliance. The candidate is subject to immediate suspension or revocation of license.

SECTION 26. Section 5-68-9 of the General Laws in Chapter 5-68 entitled "Board of Radiologic Technology" is hereby amended to read as follows:

5-68-9.  Fees. - (a) The director, in consultation with the board, establishes a schedule of fees for licenses and for renewal as licenses for radiologic technologists.

(b) The initial application fee and renewal fee do not exceed one hundred dollars ($100) one hundred twenty-five dollars ($125), and are prescribed in rules and regulations.

SECTION 27. Sections 5-71-5 and 5-71-8 of the General Laws in Chapter 5-71 entitled "Interpreters for the Deaf" are hereby amended to read as follows:

5-71-5.  Board of examiners - Duties and powers - Meetings - Compensation of members. - (a) The board administers, coordinates and enforces the provisions of this chapter, evaluates the qualifications of applicants, and may issue subpoenas, examine witnesses, and administer oaths, and investigates persons engaging in practices which violate the provisions of this chapter.

(b) The board conducts hearings and keeps records and minutes that are necessary for the orderly dispatch of business.

(c) The board holds public hearings regarding rules and regulations.

(d) The board, with the approval of the director of the department of health, in accordance with the rule-making provisions of the Administrative Procedures Act, chapter 35 of title 42, adopts responsible rules and regulations, and may amend or repeal those rules and regulations. Following their adoption, the rules and regulations govern and control the professional conduct of every person who holds a license to practice interpreting or transliterating for the deaf in the state of Rhode Island. Rules and regulations are kept on file within the department of health, division of licensure and regulation, and are available for public inspection.

(e) The examination instrument used for testing is not available for public inspection and may be changed as the board deems necessary.

(f) Every licensed interpreter for the deaf, upon commencing to practice, immediately notifies the board of his or her address or addresses. Every licensed interpreter for the deaf practicing as previously stated annually, before July first (1st), pays to the board department of health a license fee which does not exceed thirty dollars ($30.00) thirty-seven dollars and fifty cents($37.50) commencing in January, 1998. Each licensed interpreter for the deaf promptly notifies the board of any change in his/her office address or addresses, and furnishes any other information to the board that it may require. The board may suspend the authority of any licensed interpreter for the deaf to practice for failure to comply with any of the above requirements. The board makes available for public inspection, a complete list of the names of all interpreters for the deaf licensed and practicing in the state, arranged alphabetically by name.

(g) Regular meetings of the board are held at the time and places that it prescribes and special meetings may be held upon the call of the chairperson as necessary to deal with such issues as violations of this chapter; provided, that at least one regular meeting is held each calendar year.

(h) The board has its first meeting on or before December 31, 1996, and has its rules and regulations, and written examination adopted no later than December 31, 1997. Licensure and examinations commence after January 1, 1998.

(i) The conferral or enumeration of specific powers in this chapter is not construed as a limitation of the general powers conferred by the section. No member of the board is liable to civil action for any act performed in good faith in the performance of his or her duties as prescribed by this chapter.

(j) Board members serve on an honorable basis without compensation.

(k) The board may request legal advice and assistance from the appropriate legal officer.

5-71-8.  Qualifications of applicants for licenses. - To be eligible for licensure by the board as an interpreter or transliterator for the deaf, the applicant must:

(1) Submit an application indicating interpreting or transliterating experience, together with an application fee of thirty-seven dollars and fifty cents ($37.50), and

(2) Submit three (3) letters of recommendations, at least two (2) of which are from consumers attesting to the person's ethical behavior, and skills as they relate to interpreting or translating for the deaf, and

(3) Submit written verification of successful completion of the national registry of interpreters for the deaf evaluation, or successful completion of a recognized state screening or state equivalent within the United States, and

(4) Present evidence of completion of course work in American sign language, deaf culture, and the code of ethics. The course work may be completed as part of an interpreter training program, or through individual workshops sponsored by a recognized organization or agency or other training recognized by the national registry of interpreters for the deaf, or

(5) The board reviews each applicant as to his/her qualifications for the practice of interpreting or transliterating for the deaf. Interpreters and or transliterators who do not present evidence of completion of coursework in American sign language, deaf culture and the code of ethics, or who do not present evidence of successful completion of the national registry of interpreters for the deaf generalist written examination, are required to complete a written examination. The examination is devised or approved by the board, and includes the areas containing categories of information on which the candidate is tested.

(i) Area A contains information that is concerned with American sign language. Separate examinations are given for interpreting and transliterating in area A. The examination in area A is concerned with material related to: (a) psychological and sociological aspects of language use; (b) language use, and non-language systems which are manually coded; (c) grammatical and psycholinguistic application of sign usage, and other related linguistic information the board deems necessary.

(ii) Area B contains information that is concerned with deaf culture. The examination in area B is concerned with material related to: (a) the influence of educational experience and language; (b) cultural norms and mores; (c) psychological and sociological aspects of culture in the deaf community, and other related material the board deems necessary.

(iii) Area C contains fields of information that are concerned with the code of ethics. The examination in area C is concerned with material related to: (a) the code of ethics for interpreters as established by the national registry of interpreters for the deaf; (b) the application of the code of ethics in the provision of interpreting or transliterating services, and other related ethics information the board deems necessary.

SECTION 28. Section 23-1-39 of the General Laws in Chapter 23-1 entitled "Department of Health" is hereby amended to read as follows:

23-1-39.  Tattooing and/or body piercing. - (a) The director shall promulgate rules and regulations which provide minimum requirements to be met by any person performing tattooing and/or body piercing upon any individual and for any establishment where tattooing and/or body piercing is performed. These requirements shall include, but not be limited to, general sanitation of premises wherein tattooing and/or body piercing is to be performed and sterilization of instruments. These rules and regulations shall place emphasis on the prevention of disease, specifically including, but not limited to, transmission of hepatitis B and/or human immunodeficiency virus (HIV).

(b) In addition, these rules and regulations shall establish procedures for registration with the department of health of all persons performing tattooing and/or body piercing, for registration of any establishment where tattooing and/or body piercing is performed, for regular inspections of premises wherein tattooing and/or body piercing is performed, and for revocation of the registration of any person or establishment deemed in violation of the rules and regulations promulgated under this section. An annual registration fee in the amount of fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50) shall be paid by any person or establishment registered to perform tattooing or body piercing under this section. All fees shall be deposited by the department as general revenues.

(c) Body piercing of a minor is prohibited; provided, however, that body piercing will be allowed if the minor is accompanied by his or her parent or guardian, and the parent or guardian gives consent to the body piercing.

SECTION 29. Section 23-4.1-10 of the General Laws in Chapter 23-4.1 entitled "Emergency Medical Transportation Services" is hereby amended to read as follows:

23-4.1-10.  Regulations and fees. - (a) Guidelines. The director shall be guided by the purposes and intent of this chapter in the making of regulations as authorized by this chapter.

(b) Regulations. The director may issue regulations necessary to bring into effect any of the provisions of this chapter.

(c) Fees. (1)  The director may charge a license fee of not more than three hundred dollars ($300) three hundred seventy-five dollars ($375.00) for an annual license for an ambulance service; a license fee of not more than one hundred and fifty dollars ($150) one hundred eighty-seven dollars and fifty cents ($187.50) for an annual vehicle license; and a license fee of not more than fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50) for an emergency medical technician license.

(2) The director may charge an examination fee of not more than fifty dollars ($50.00) sixty-two dollars and fifty cents ($62.50) for examinations for an emergency medical technician license and may charge an inspection fee of not more than one hundred dollars ($100) one hundred twenty-five dollars ($125) for inspections for a vehicle license.

(3) The director is also authorized to establish reasonable fees for such other administrative actions that the director shall deem necessary to implement this chapter. The fees provided for in this section shall be deposited as general revenues and shall not apply to any city or town employee providing services referenced herein on behalf of the city or town and shall not apply to any individual providing services referenced herein on behalf of any bona fide volunteer or not for profit organization. Further, the services licensure fees and vehicle inspection fees shall not apply to services and vehicles operated by any city, town or fire district or to services and vehicles operated by bona fide volunteer or not for profit organizations.

SECTION 30. Sections 23-17.9-3, 23-17.9-6 and 23-17.9-7 of the General Laws in Chapter 23-17.9 entitled "Registration of Nursing Assistants" are hereby amended to read as follows:

23-17.9-3.  Training and competency evaluation program for levels of nursing assistants. - Standards for training and/or competency evaluation programs for nursing assistants and exemptions for applicants from the requirements of training programs shall be consistent with federal statutory and regulatory requirements and shall be defined according to the rules and regulations promulgated by the department of health. The national standards pertaining to nursing assistants, nurse aides-home health aides, and the national home caring council or its succeeding agency, (model curriculum and teaching guide for the instruction of homemaker-home health aide) and such other appropriate standards shall serve as guidelines in the development of regulatory standards for other levels of nursing assistants as determined by the director. The department may require a fee of not more than two hundred fifty dollars ($250) three hundred twelve dollars and fifty cents ($312.50) as an application fee for biennial training and competency evaluation program certification.

23-17.9-6.  Registration. [Effective July 1, 2000.]. - Every nursing assistant being employed as a nursing assistant or offering services as a nursing assistant must obtain a certificate of registration issued by the department. Every nursing assistant, prior to being issued a certificate of registration by the department, shall successfully complete the training program and/or qualifying examination as required by 23-17.9-3 and 23-17.9-5 unless otherwise exempt from the requirements. All applicants not otherwise exempted are required to complete the process of training and examination within a period of one year from the date of initiation of training. Failure to successfully complete this process within one year requires that the applicant repeat the training program and be retested. All nursing assistants shall be registered with and qualified by the department of health. The fee for registration is $20.00 twenty-four dollars ($24.00). The department shall keep a register in which are entered the names of all persons to whom certificates of registration are issued under this chapter and the register shall be open to public inspection. In addition, if required by federal mandate the department will also keep a separate nurse aide registry.

23-17.9-7.  Renewal of certificate of registration. - Every holder of a nursing assistant certificate of registration shall register biennially by making application to the department on forms provided by the agency. The renewals shall be granted as a matter of course, upon payment of a fee of twenty dollars ($20.00) twenty-four dollars ($24.00) unless the agency finds that the applicant has acted or failed to act in such a manner under the circumstances as would constitute grounds for suspension or revocation of a certificate of registration.

SECTION 31. Section 23-19.3-5 of the General Laws in Chapter 23-19.3 entitled "Sanitarians" is hereby amended to read as follows:

23-19.3-5.  Application for registration - Examination - Issuance of certificate. - (a) A person who desires to be registered as a sanitarian shall file with the division of professional regulation an application upon a form to be prescribed and furnished by the division of professional regulation. He or she shall include in the application, under oath, his or her qualifications as a sanitarian. The application shall be accompanied by a registration fee of one hundred dollars ($100) one hundred twenty-five dollars ($125).

(b) If the division of professional regulation deems the education qualifications of the applicant are satisfactory and if he or she passes an examination, both written and oral, satisfactory to the division of professional regulation, the division shall issue him or her a certificate of registration. The certificate of registration shall expire at the end of the calendar year, and may be renewed on or before January fifteenth of the following year. The fee for renewal of a certificate of registration shall be thirty dollars ($30.00) thirty-seven dollars and fifty cents ($37.50).

SECTION 32. Section 23-20.8-3 of the General Laws in Chapter 23-20.8 entitled "Licensing of Massage Parlors" is hereby amended to read as follows:

23-20.8-3.  Practice of massage - Use of titles limited - Qualifications for licenses - Fees. - (a) Only a person licensed under this chapter shall practice massage.

(b) Only a person licensed under this chapter as a massage therapist may use the title "massage therapist." Only a person licensed under this chapter may use the title "masseur" or "masseuse."

(c) No person, firm, partnership, or corporation shall describe its services under the title "massage" or "massage therapy" unless such services as defined in 23-20.8-1, are performed by a person licensed to practice massage hereunder, and, if described as "massage therapy," by a massage therapist.

(d) Application for licenses as a masseur or masseuse, or as a massage therapist, shall be issued by the department of health. Except for persons licensed as massage therapists, the department shall establish minimum educational and training requirements for the persons to be licensed under this chapter and shall further require every licensee to be examined physically for the detection of contagious diseases prior to the issuance of such license and twice annually thereafter.

(e) The fee for original application for licensure as a massage therapist shall be twenty-five dollars ($25.00) thirty-one dollars and twenty-five cents ($31.25). The fee for annual renewal thereof shall be twenty-five dollars ($25.00) thirty-one dollars and twenty-five cents ($31.25). Fees for all other licenses hereunder shall be fixed in an amount necessary to cover the cost of administering this chapter.

SECTION 33. Section 23-39-11 of the General Laws in Chapter 23-39 entitled "Respiratory Care Act" is hereby amended to read as follows:

23-39-11.  Fees. - (a) The director, in consultation with the board, shall establish a schedule of reasonable fees for licenses, and for renewal of licenses for respiratory care practitioners.

(b) The initial application fee shall be one hundred dollars ($100) one hundred twenty-five dollars ($125).

(c) A biennial license renewal fee shall be established in an amount of eighty dollars ($80.00) one hundred dollars ($100).

SECTION 34. This article shall take effect on July 1, 2001.


ARTICLE 15 SUBSTITUTE A

RELATING TO FOOD PROTECTION

SECTION 1. Section 21-2-7 of the General Laws in Chapter 21-2 entitled "Milk Sanitation Code" is hereby amended to read as follows:

21-2-7. Permits. - (a) It shall be unlawful for any milk producer whose dairy farm is located wholly or partly in this state to sell or to offer to sell milk or milk products or to have milk stored for sale, who does not possess at all times a Rhode Island producer's permit from the director.

(b) It shall be unlawful for any milk hauler to transport any milk or milk products to any milk plant in the state of Rhode Island or to transport any milk in this state destined for sale in this state unless he or she shall at all times possess a Rhode Island milk hauler's permit from the director.

(c) It shall be unlawful for any person to operate a milk plant in the state of Rhode Island who does not possess a Rhode Island milk plant permit from the director with respect to each plant located in Rhode Island.

(d) It shall be unlawful for any milk distributor to sell or offer to sell milk or milk products within the state of Rhode Island unless he or she shall at all times possess a milk distributor's permit from the director.

(e) It shall be unlawful for any milk hauler to transport any milk or milk products from any point outside the state into the state of Rhode Island for sale or processing in this state or for any milk plant located in Rhode Island to process any milk or milk products which come from any point outside the state of Rhode Island or for any milk distributor to sell any milk or milk products within this state which come from any point outside this state, unless: (i) every producer who produces any part of such milk or milk products shall have been inspected and shall from time to time be inspected with the same minimum frequency, to the same degree, and according to the same requirements as provided in this chapter or any regulations promulgated under this chapter in the case of Rhode Island producers; (ii) every vehicle in which the milk is transported to the plant where processed shall from time to time be inspected with the same minimum frequency, to the same degree, and according to the same requirements as provided in this chapter or any regulations promulgated hereunder in the case of Rhode Island milk hauler permittees; and (iii) the operator of each milk plant located outside the state of Rhode Island where any part of such milk is processed at all times possesses an out-of-state milk plant permit from the director.

(f) It shall be unlawful for any person located in the state of Rhode Island to sell or offer for sale to any milk hauler or milk plant, or for any milk plant to pasteurize any raw milk for pasteurization, any part of which shall be used for grade A pasteurized milk or for any grade A milk product, unless the person at all times is in possession of a Rhode Island grade A producer's permit.

(g) The fees for the aforementioned permits shall be as follows: (i) in state milk processors - one hundred dollars ($100) one hundred twenty dollars ($120); (ii) out of state milk processors - one hundred dollars ($100) one hundred twenty dollars ($120); (iii) milk distributors - one hundred dollars ($100) one hundred twenty dollars ($120); (iv) milk producers and milk haulers shall be exempt from permit fees.

SECTION 2. Section 21-9-3 of the General Laws in Chapter 21-9 entitled "Frozen Desserts" is hereby amended to read as follows:

21-9-3. License fee. - The annual license fee shall be as follows:

(A) Instate wholesale frozen dessert processors - three hundred and fifty dollars ($350) four hundred and twenty dollars ($420).

(B) Out of state wholesale frozen dessert processors - one hundred dollars ($100) one hundred twenty dollars ($120).

(C) Retail frozen dessert processors - one hundred dollars ($100) one hundred twenty dollars ($120).

SECTION 3. Section 21-11-4 of the General Laws in Chapter 21-11 entitled "Meats" is hereby amended to read as follows:

21-11-4. Issuance and term of licenses - Suspension or revocation. - The director of health shall, upon receipt of application for a license to operate an establishment for any or all of the purposes above mentioned, cause that establishment to be inspected and if it be found to conform to the provisions of this chapter and the regulations adopted in accordance therewith, shall issue a license upon receipt of a fee of one hundred dollars ($100) one hundred twenty dollars ($120); provided, however, that the license fee shall be twenty dollars ($20.00) twenty-four dollars ($24.00) for any one such establishment wherein: (1) such meat is sold only at retail, and (2) no slaughtering is performed, and (3) no more than one of the activities described in 21-11-3 for which a license is required is performed. In order to set the license renewal dates so that all activities for each establishment can be combined on one license instead of on several licenses, the department of health shall set the license renewal date. The license period shall be for twelve (12) months, commencing on the license renewal date, and the license fee shall be at the full annual rate regardless of the date of application or the date of issuance of license. If the license renewal date is changed, the department may make an adjustment to the fees of licensed establishments, not to exceed the annual license fee, in order to implement the change in license renewal date. Applications for renewal of licenses, accompanied by the prescribed fee, shall be submitted at least two (2) weeks before the renewal date. Licenses issued or renewed under this section may be suspended or revoked for failure to comply with the provisions of this chapter or the regulations adopted in accordance therewith.

SECTION 4. Section 21-14-2 of the General Laws in Chapter 21-14 entitled "Shellfish Packing Houses" is hereby amended to read as follows:

21-14-2. License for shellfish business. - No person shall conduct within this state any shellfish business until that person shall have obtained a license from the department. The director shall, upon receipt of application for a license to conduct a shellfish business, cause the applicant's shellfish business facilities to be investigated and, if they are found to comply with the provisions of this chapter and the regulations adopted in accordance therewith, shall issue a license upon receipt of a fee of two hundred dollars ($200) two hundred forty dollars ($240) for a shipper/reshipper or a fee of two hundred fifty dollars ($250) three hundred dollars ($300) for a shucker packer/repacker. Any license so issued shall apply only to those phases of the shellfish business which appear on the license and are defined by the director in regulations he or she shall adopt in regard to licensing. In order to set the license renewal dates so that all activities for each establishment can be combined on one license instead of on several licenses, the department of health shall set the license renewal date. The license period shall be for twelve (12) months, unless sooner suspended or revoked for cause, commencing on the license renewal date, and the license fee shall be at the full annual rate regardless of the date of application or the date of issuance of license. If the license renewal date is changed, the department may make an adjustment to the fees of licensed establishments, not to exceed the annual license fee, in order to implement the change in license renewal date. Licenses issued hereunder may be suspended or revoked for violation of the provisions of this chapter or the regulations adopted in accordance therewith. The director may, after a hearing, refuse to issue any such license to any person who has been convicted of any violation of this chapter.

SECTION 5. Section 21-23-2 of the General Laws in Chapter 21-23 entitled "Nonalcoholic Bottled Beverages, Drinks and Juices" is hereby amended to read as follows:

21-23-2. Issuance and renewal of permits - Fee - Posting - Exempt cider. - Blank forms of application for permits shall be furnished by the department without cost. The fee for the permit shall be three hundred fifty dollars ($350) four hundred and twenty dollars ($420) provided, however, that the fee for a permit to manufacture or bottle apple cider shall be thirty five dollars ($35.00) forty-two dollars ($42.00). In order to set the license renewal dates so that all activities for each establishment can be combined on one license instead of on several licenses, the department of health shall set the license renewal date. The license period shall be for twelve (12) months, commencing on the license renewal date, and the license fee shall be at the full annual rate regardless of the date of application or the date of issuance of license. If the license renewal date is changed, the department may make an adjustment to the fees of licensed establishments, not to exceed the annual license fee, in order to implement the change in license renewal date. Any person applying for a permit to bottle or manufacture apple cider shall certify that he or she does not manufacture or bottle any carbonated or nonalcoholic beverage, soda water, fruit juice, syrup, bottled drinking water, either plain or carbonated, or any other soft drink, so called, other than apple cider. The fee received by the department for "bottlers' permits" shall be turned over to the general treasurer. All permits granted under this chapter shall be posted in a conspicuous place on the premises of the bottler so that they may readily be seen by any person inspecting the premises; provided that the fees so far as they relate to cider, shall not apply to any person who manufactures and bottles during any one calendar year not exceeding five hundred (500) gallons of cider.

SECTION 6. Section 21-27-10 of the General Laws in Chapter 21-27 entitled "Sanitation in Food Establishments" is hereby amended to read as follows:

21-27-10. Registration of food businesses. - (1) No person shall operate a food business as defined in 21-27-1(6) unless he or she annually registers the business with the state director of health; provided, however, that food businesses conducted by nonprofit organizations, hospitals, public institutions, farmers markets, roadside farmstands, or any municipality shall be exempt from payment of any fee required.

(2) In order to set the registration renewal dates so that all activities for each establishment can be combined on one registration instead of on several registrations, the registration renewal date shall be set by the department of health. The registration period shall be for twelve (12) months commencing on the registration renewal date, and the registration fee shall be at the full annual rate regardless of the date of application or the date of issuance of registration. If the registration renewal date is changed, the department may make an adjustment to the fees of registered establishments, not to exceed the annual registration fee, in order to implement the changes in registration renewal date. Registrations issued under this chapter may be suspended or revoked for cause. Any registration or license shall be posted in a place accessible and prominently visible to an agent of the director.

(3) Registration with the director of health shall be based upon satisfactory compliance with all laws and regulations of the director applicable to the food business for which registration is required.

(4) The director of health is authorized to adopt regulations necessary for the implementation of this chapter.

(5) Classification and fees for registration shall be as follows:

(A) Food processors (Wholesale) $175.00 $210.00

(B) Food processors (Retail) 75.00 $90.00

(C) Food service establishments:

(i) 50 seats or less 100.00 $120.00

(ii) More than 50 seats 150.00 $180.00

(iii) Mobile food service units 60.00 $72.00

(iv) Industrial caterer or food vending machine commissary 175.00 $210.00

(v) Vending machine sites or location:

(a) Three (3) or less machines 30.00 $36.00

(b) Four (4) to ten (10) machines 60.00 $72.00

(c) Eleven (11) or more machines 75.00 $90.00

(D) Retail markets:

(i) 1 to 2 cash registers 75.00 $90.00

(ii) 3 to 5 cash registers 150.00 $180.00

(iii) 6 or more cash registers 325.00 $390.00

(E) Retail food peddler (meat, seafood, dairy, and frozen dessert products) 60.00 $72.00

(F) Food warehouses 120.00 $144.00

(6) In no instance where an individual food business has more than one activity eligible under this chapter for state registration within a single location shall such business be required to pay more than a single fee for the one highest classified activity listed above, provided, that where several separate but identically classified activities are located within the same building and under the management and jurisdiction of one person, one fee shall be required. In each of the foregoing instances, each activity shall be separately registered.

SECTION 7. Section 21-27-11.2 of the General Laws in Chapter 21-27 entitled "Sanitation in Food Establishments" is hereby amended to read as follows:

21-27-11.2. Application for certification. - Any person who shall desire to be certified in food safety shall submit in writing, on such forms as provided by the division, an application for certification which shall be accompanied by an application fee of thirty dollars ($30.00) thirty-six dollars ($36.00) together with such other credentials as the rules and regulations and the division may require.

SECTION 8. Section 23-21-2 of the General Laws in Chapter 23-21 entitled "Licensing of Recreational Facilities" is hereby amended to read as follows:

23-21-2. License required - Issuance and expiration of license. - No person shall maintain within this state any recreation facility or use until that person shall have obtained a license therefor from the department. The director, upon receipt of an application for such facility or use shall cause such facility or use to be inspected and, if such facility or use is found to comply with the provisions of this chapter and the regulations adopted in accordance therewith, shall issue a license upon receipt of a fee of one hundred dollars ($100) one hundred twenty dollars ($120). In order to set the license renewal dates so that all activities for each establishment can be combined on one license instead of on several licenses, the license renewal date shall be set by the department of health. The license period shall be for twelve (12) months, commencing on the license renewal date, unless sooner suspended or revoked for violation of the provisions of this chapter or the regulations adopted in accordance therewith, and the license fee shall be at the full annual rate regardless of the date of application or the date of issuance of license. If the license renewal date is changed, the department may make an adjustment to the fees of licensed establishments, not to exceed the annual license fee, in order to implement the change in license renewal date.

SECTION 9. This article shall take effect on July 1, 2001.


ARTICLE 16 SUBSTITUTE A

RELATING TO MOTOR AND OTHER VEHICLES - MOTOR FUEL TAX

SECTION 1. Section 31-36-20 of the General Laws in Chapter 31-36 entitled "Motor Fuel Tax" is hereby amended to read as follows:

31-36-20. Disposition of proceeds -- (a) (1) Notwithstanding any other provision of law to the contrary, all moneys paid into the general treasury under the provisions of this chapter or chapter 37 of this title shall be applied to and held in a separate fund, and be deposited in the depositories that may be selected by the general treasurer to the credit of the fund, which fund shall be known as the intermodal surface transportation fund. Five and three-fourths cents ($0.0575) Six and one-fourths cents ($0.0625) per gallon of the tax imposed and accruing for the liability under the provisions of section 31-36-7, less refunds and credits, shall be transferred to the Rhode Island public transit authority as provided under section 39-18-21, and one cent ($.01) per gallon shall be transferred to the elderly/disabled transportation program of the department of elderly affairs, and the remaining cents per gallon shall be available for general revenue as determined by the following schedule:

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

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

(iii) For the fiscal year 2002, three-fourths cent ($0.0075) one-fourth cent ($0.0025) shall be available for general revenue; and

(iv) For the fiscal year 2003, no funding shall be available for general revenue.

(2) All deposits and transfers of funds made by the tax administrator under this section including those to the public transit authority, the department of elderly affairs, and the general fund, shall be made within twenty-four (24) hours of receipt or previous deposit of the funds in question.

(b) Notwithstanding any other provision of law to the contrary, all other assets of the fund shall be dedicated to the department of transportation, subject to annual appropriation by the general assembly. The director of the department of transportation shall submit annually to the general assembly, budget office, and office of the governor an accounting of all amounts deposited in and credited to the fund, together with a planned budget for proposed expenditures for the succeeding fiscal year in compliance with sections 35-3-1 and 35-3-4. On order of the director of transportation, the state controller is authorized and directed to draw orders upon the general treasurer for any payments that are required from time to time, upon receipt of properly authenticated vouchers.

(c) If the fund's assets become insufficient to cover the expenditures of the department of transportation, not to exceed the amount authorized by the general assembly, the general treasurer, with the approval of the governor and the director of administration, in anticipation of the receipts of monies enumerated in section 31-36-20, is authorized to advance to the fund any state moneys not being held for any particular purpose, for the purposes specified in section 31-36-20. However, all advances of this kind that are made to the fund shall be returned to the general fund immediately upon the receipt by the fund of regular proceeds adequate to repay these advances.

SECTION 2. This article shall take effect upon passage.


ARTICLE 17 SUBSTITUTE A AMENDED

RELATING TO A JOINT LEGISLATIVE COMMISSION TO STUDY THE STRUCTURAL ISSUES ASSOCIATED WITH THE STATE OF RHODE ISLAND'S LONG TERM CARE SYSTEM

SECTION 1. There is hereby created a Joint Legislative Commission consisting of six (6) members: three (3) of whom shall be from the House of Representatives, of which one (1) member shall be from the minority party to be appointed by the Speaker of the House; three (3) of whom shall be from the Senate, of which one (1) member shall be from the minority party, to be appointed by the Senate Majority Leader.

The purpose of the commission shall be to undertake anayses and make recommendations for legislative and/or administrative proposals or actions to address the structural issues associated with the state of Rhode Island's long term care system. These issues shall include, but not be limited to, chronic care and disease management of acute and lon term care services, reimbursement reform through the nursing home principles of reimbursement and other long term care provider reimbursement systems, and regulation and reimbursement for assisted living services. The commission shall also develop the outline of a waiver application to the U.S. department of health and human services to coordinate services for those dually eligible for Medicare and Medicaid in order to improve health status, quality of care, and efficient use of state and federal expenditures.

Forthwith upon passage of this resolution, the members of the commission shall meet at the call of the Speaker of the House and organize and shall select from among the legislators a chairperson. Vacancies in said commission shall be filled in like manner as the original appointment.

The membership of said commission shall receive no compensation for their services.

All departments and agencies of the state shall furnish such advice and information, documentary and otherwise, to said commission and its agents as is deemed necessary or desirable by the commission to facilitate the purposes of this resolution.

The Speaker of the House is hereby authorized and directed to provide suitable quarters for said commission.

The commission shall report its findings and recommendations to the general assembly on or before March 1, 2002 and said commission shall expire on June 30, 2002.

SECTION 2. This article shall take effect upon passage.


ARTICLE 18 SUBSTITUTE A AS AMENDED

RELATING TO STATE CONTRIBUTIONS TO RETIREMENT

SECTION 1. Sections 36-10-2 and 36-10-2.1 of the General Laws in Chapter 36-10 entitled "Retirement System - Contributions and Benefits" are hereby amended to read as follows:

36-10-2. State contributions. - (a) The State of Rhode Island shall make its contribution for the maintaining maintenance of the system, and providing the annuities, benefits, and retirement allowances in accordance with the provisions of this chapter by annually appropriating an amount which will pay a rate percent of the compensation paid to the members. The rate percent shall be computed by the actuary of the system and certified by the retirement board to the director of administration on or before the fifteenth day of December in each year. In arriving at the rate percent, the actuary after having determined the value to the retirement system fund of: including the proper and timely payment of benefits in accordance with the provisions of this chapter of title 36 and chapters 8, 16, 28, 31 and 42 of this title, by annually appropriating an amount equal to a percentage of the total compensation paid to the active membership. The percentage shall be computed by the actuary employed by the retirement system and shall be certified by the retirement board to the director of administration on or before the fifteenth day of October in each year. In arriving at the yearly employer contribution the actuary shall determine the value of:

(1) The contributions made by the members;

(2) Income on investments; and

(3) Other income of the system,.

(b) The Actuary shall thereupon compute that rate percent the yearly employer contribution that such as will:

(i) Pay the actuarial estimate of the normal cost of "current service" for the next succeeding fiscal year;

(ii) Pay interest at the same percent used in the actuarial formula, on the "unfunded liability" of the system as of the end of the fiscal year preceding the submission of the budget; and

(iii) (ii) Amortize the unfunded liability of the system as of June 30, 1999 utilizing a time period not to exceed thirty (30) years.1985, over thirty (30) years in multiples of two hundred and fifteen thousandths of one percent (.215%) starting with one multiple in the fiscal year beginning July 1, 1986, and increasing by one multiple in each successive year until the fiscal year ending June 30, 1989; and amortize the remaining unfunded liability of the system as of June 30, 1988, over twenty-seven (27) years beginning in the fiscal year beginning July 1, 1989, calculated such that each year's total unfunded liability payment increases at the assumed rate of inflation over the prior year's total payment; provided, however, that in the calculation of the rate percent, there shall not be exceeded the application of the percentages as stipulated in the following for the factors (i) and (ii) set out above:

Fiscal year

   

Beginning on

(i) Current

(ii) Interests on

July 1

service cost

unfunded liability

1979

77%

45%

1980

81%

55%

1981

86%

65%

1982

91%

75%

1983

95%

85%

1984

100% and

95%

   

thereafter

1985

 

100% and

   

thereafter

(b)(c) The State of Rhode Island shall remit to the general treasurer the employer's share of the state employee retirement payments contribution for state employees, state police, and judges on a payroll frequency basis, and for teachers in a manner pursuant to 16-16-22.

(c) Notwithstanding anything in subsection (a) or (b) to the contrary, nothing shall preclude the state of Rhode Island from making its contribution to the unfunded liability in a manner deemed appropriate by the state of Rhode Island.

(d) From the rate percent computed pursuant to 36-10-2 (b), the state shall contribute a sum equal to one eighth of one percent (0.125%) of each member's rate of compensation and an additional sum equal to one eighth of one percent (0.125%) of each member's rate of compensation effective July 1, 1990, as the state's share of the cost of providing retiree health benefits in accordance with the provisions of section 36-10-4. Contributions shall be actuarially adjusted to reflect refunds made to employees. The contribution shall be placed in a restricted fund and shall be used solely for providing health benefits to retirees as provided in section 36-12-4. The adequacy of the fund will be actuarially reevaluated during the fiscal year prior to July 1, 1993, to determine the required amount to maintain this benefit in effect. If at any time during the aforementioned period the cost for health coverage exceeds the contributions in the restricted fund account, the state shall assume the liability for that cost by making advances to the restricted fund which advances shall be repaid from any subsequent excess funds in the restricted fund.

(d) From the rate percent computed above, the state shall contribute a sum equal to one eighth of one percent (0.125%) of each member's rate of compensation and an additional sum equal to one eighth of one percent (0.125%) of each member's rate of compensation effective July 1, 1990, as the state's share of the cost of providing retiree health benefits in accordance with the provisions of 36-10-4. Contributions shall be actuarially adjusted to reflect refunds made to employees. The contribution shall be placed in a restricted fund by the employees' retirement system and shall be used solely for providing health benefits to retirees as provided in 36-12-4. The adequacy of the fund will be actuarially re-evaluated during the fiscal year prior to July 1, 1993, to determine the required amount to maintain this benefit in effect. If at any time during the aforementioned period the cost for health coverage exceeds the contributions in the restricted fund account the state shall assume the liability for that cost by making advances to the restricted fund which advances shall be repaid from any subsequent excess funds in the restricted fund.

(e) In accordance with the intent of 36-8-20 that the retirement system satisfy the requirements of 401(a) of the Internal Revenue Code of 1986 as amended, the restricted fund for providing health benefits to retirees described in subsection (d) shall constitute a separate retiree medical benefits account within the meaning of 401(h) of the code and the account shall be administered in accordance with the applicable requirements. Prior to the satisfaction of all retiree health liabilities no part of the corpus or income of the account shall be used for, or diverted to, any purpose other than the payment of retiree medical benefits in accordance with the provisions of 36-12-4. However, this requirement shall not restrict the collective investment of funds of that account with funds of the retirement account. Following the satisfaction of all retiree health liabilities, any funds remaining in the retiree medical benefits account shall be paid to the state.

(e) In accordance with the intent of section 36-8-20 that the retirement system satisfy the requirements of section 401(a) of the Internal Revenue Code of 1986 as amended, the restricted fund for providing health benefits to retirees described in subsection (c) shall constitute a separate retiree medical benefits account within the meaning of 401(h) of the code and the account shall be administered in accordance with the applicable requirements. Prior to the satisfaction of all retiree health liabilities, it shall be impossible for any part of the corpus or income of the account to be used for, or diverted to, any purpose other than the payment of retiree medical benefits in accordance with the provisions of 36-12-4 but this shall not restrict the collective investment of funds of that account with funds of the retirement account. Following the satisfaction of all retiree health liabilities, any funds remaining in the retiree medical benefits account shall be paid to the state.

(f)(1) In accordance with the intent of 36-8-20 that the retirement system satisfy the requirements of 401(a) of the Internal Revenue Code of 1986, the state shall pay to the retirement system:

(i) By June 30, 1995, an amount equal to the sum of the benefits paid to state legislators pursuant to section 36-10-10.1 in excess of ten thousand dollars ($10,000) per member (plus accrued interest on such amount at eight percent (8%)) for all fiscal years beginning July 1, 1991, and ending June 30, 1995, but this amount shall be paid only if section 36-10-10.1(e) becomes effective January 1, 1995; and

(ii) By December 31, 1994, twenty million seven hundred eighty eight thousand eight hundred twelve dollars and nineteen cents ($20,788,812.19) plus accrued interest on that amount at eight percent (8%) compounded monthly beginning March 1, 1991, and ending on the date this payment is completed (reduced by amortized amounts already repaid to the retirement system with respect to the amounts withdrawn by the state during the fiscal year July 1, 1990 - June 30, 1991); and

(iii) By June 30, 1995, the sum of the amounts paid by the retirement system for retiree health benefits described in 36-12-4 for all fiscal years beginning July 1, 1989, and ending June 30, 1994, to the extent that the amounts were not paid from the restricted fund described in subsection (c).

(2) Any and all amounts paid to the retirement system under this subsection shall not increase the amount otherwise payable to the system by the State of Rhode Island under subsection (a) for the applicable fiscal year. The actuary shall make such adjustments in the amortization bases and other accounts of the retirement system as he or she deems appropriate to carry out the provisions and intent of this subsection.

36-10-2.1 Actuarial cost method. - (a) Beginning July 1, 1985, the actuary shall compute the costs under this chapter using the entry age normal frozen initial liability cost method. To determine the employer contribution rate for the State of Rhode Island for fiscal year 2002 and for all fiscal years subsequent, the actuary shall compute the costs under chapter 10 of title 36 using the entry age normal cost method.

(b) Future changes in the unfunded accrued liability as a result of changes in the plan provisions producing an increase of ten percent (10%) or more of the then current unfunded accrued liability shall be funded over a separate thirty (30) year amortization period calculated so that each year's total payment increases at the assumed rate of inflation over the prior year's total payment. Changes of less than ten percent (10%) and more than one percent of the then current unfunded accrued liability shall be funded over the remaining period of the most recently established thirty (30) year amortization period calculated so that each year's total payment increases at the assumed rate of inflation over the prior year's total payment. Changes of one percent or less and changes resulting form actuarial gains or losses shall be funded in future normal costs. The determination of the employer contribution rate for fiscal year 2002 and thereafter shall include a reamortization of the Unfunded Actuarial Accrued Liability (UAAL) over a period not to exceed thirty (30) years.

SECTION 2. This article shall take effect upon passage.


ARTICLE 19 SUBSTITUTE A

RELATING TO LIMITATIONS ON STATE EXPENDITURES

SECTION 1. Section 35-3-24 of the General Laws in Chapter 35-3 entitled "State Budget" is hereby amended to read as follows:

35-3-24. Control of state spending. -- (a) All department and agency heads and their employees are responsible for ensuring that financial obligations and expenditures for which they have responsibility do not exceed amounts appropriated and are spent in accordance with state laws.

(b) Persons with the authority to obligate the state contractually for goods and services shall be designated in writing by department and agency heads.

(c) In the event of an obligation, encumbrance, or expenditure in excess of amounts appropriated, the department or agency head with oversight responsibility shall make a written determination of the amount and the cause of the overobligation or overexpenditure, the person(s) responsible, and corrective actions taken to prevent reoccurrence. The plan of corrective actions contained within the report shall detail an appropriate plan to include, but not limited to, such issues as the implementation of waiting lists, pro-rata reduction in payments and changes in eligibility criteria as methods to address the shortfall. The report will be filed within thirty (30) days of the discovery of the overobligation or overexpenditure with the budget officer, the controller, the auditor general, and the chairpersons of the house and senate finance committees.

(d) A state employee who has knowingly and willingly encumbered, obligated, or authorized the expenditure of state funds in excess of amounts appropriated for those purposes or entered into contracts without proper authorization may be placed on disciplinary suspension without pay for up to thirty (30) days in accordance with section 36-4-36.

(e) A state employee who knowingly, willfully, and repeatedly authorizes actions resulting in encumbrances or spending of state funds in excess of amounts appropriated may be fined up to one thousand dollars ($1,000) and/or terminated from employment.

SECTION 2. Section 35-4-22.1 of the General Laws in Chapter 35-4 entitled "State Funds" is hereby amended to read as follows:

35-4-22.1. Legislative appropriation authority. -- (a) No agency shall establish new programs, or expend expand existing programs, including any program involving nonstate monies, beyond the scope of those already established, recognized, and appropriated for by the general assembly until the program and the availability of money is submitted by the agency to the budget officer for recommendation to the general assembly.

(b) No state agency may make expenditures of any restricted or special revenue funds, whether these monies are received prior to expenditure or as reimbursement, unless these expenditures are made pursuant to specific appropriations of the general assembly.

SECTION 3. This article shall take effect upon passage.


ARTICLE 20 SUBSTITUTE A

RELATING TO STATE POLICE

SECTION 1. Section 42-28.9-3 of the General Laws in Chapter 42-28.9 entitled "Mounted Video/Audio Surveillance Cameras" is hereby amended to read as follows:

42-28.9-3. State to provide video/audio surveillance devices. - The state shall provide ten (10) mounted video/audio surveillance cameras annually to the Rhode Island state police for each of the next five (5) years and those devices shall be utilized by the state police consistent with the intent of this chapter. Should other funding become available, the state will purchase the cameras with these other funds in lieu of general revenues.

SECTION 2. This article shall take effect upon passage.


ARTICLE 21 SUBSTITUTE A

RELATING TO RESOURCE RECOVERY CORPORATION

SECTION 1. Section 39-3-11.2 of the General Laws in Chapter 39-3 entitled "Regulatory Powers of Administration" is hereby amended to read as follows:

39-3-11.2. Interim rates. -- Notwithstanding the provisions of titles 23 and 39, the municipal tipping fee charged by the resource recovery corporation shall be thirty-two dollars ($32.00) per ton from July 1, 2000 to June 30, 2001 July 1, 2001 to June 30, 2002.

SECTION 2. This article shall take effect on July 1, 2001.


ARTICLE 22 SUBSTITUTE A AS AMENDED

RELATING TO EDUCATION AID

SECTION 1. Section 16-7-23 of the General Laws in Chapter 7 entitled "Foundation Level School Support" is hereby amended to read as follows:

16-7-23. Community requirements - Adequate minimum budget provision. - (a) The school committee's budget provisions of each community for current expenditures in each budget year shall provide for an amount from all sources sufficient to support the basic program and all other approved programs shared by the state. For fiscal years 1998 through and including fiscal year 2000, each Each community shall contribute local funds to its school committee in an amount not less than its local contribution for schools in the previous fiscal year. Calculation of the annual local contribution shall not include Medicaid revenues received by the municipality or district pursuant to chapter 8 of title 40 of the RI general laws. A community which has a decrease in enrollment may compute maintenance of effort on a per pupil rather than on an aggregate basis when determining its local contribution; furthermore, a community which experiences a nonrecurring expenditure for its schools may deduct such an expenditure in computing its maintenance of effort. The deduction of nonrecurring expenditures shall be with the approval of the commissioner. The courts of this state shall enforce this section by writ of mandamus.

(b) Furthermore, whenever any state funds are appropriated for educational purposes, the funds shall be used for educational purposes only and all such state funds must be used to supplement any and all money allocated by a city or town for educational purposes and, in no event, shall state funds be used to supplant, directly or indirectly, any money allocated by a city or town for educational purposes. All state funds shall be appropriated by the municipality to the school committee for educational purposes in the same fiscal year in which they are appropriated at the state level even if the municipality has already adopted a school budget. All state and local funds unexpended by the end of the fiscal year of appropriation shall remain a surplus of the school committee and shall not revert to the municipality. Any such surplus of state or local funds shall not in any respect affect the requirement that each community contribute local funds in fiscal years 1998 through and including fiscal year 2000 in an amount not less than its local contribution for schools in the previous fiscal year, and shall not in any event be deducted from the amount of the local appropriation required to meet the maintenance of effort provision in any given year.

SECTION 2. Sections 16-7.1-2, 16-7.1-11.1, 16-7.1-15, 16-7.1-18, and 16-7.1-19 of the General Laws in Chapter 7.1 entitled "The Rhode Island Student Investment Initiative" are hereby amended to read as follows:

16-7.1-2. Accountability for student performance -- (a) The board of regents shall adopt and publish statewide standards of performance and performance benchmarks in core subject areas to include writing and mathematics (grades four (4), eight (8), and ten (10)). These standards and performance benchmarks shall be ratified by the board and implemented by December 31, 1997. By December 31, 1998, performance standards and performance benchmarks for reading in two (2) grades shall be added.

(b) Districts and schools need to be held accountable for student performance results. Therefore, every school district receiving state education aid under title 16 of the general laws shall develop a district strategic plan. The district strategic plan shall: (1) be based on high academic standards for student performance consistent with the statewide standards and benchmarks; (2) be the product of a shared community wide process which defines a vision of what students should know and be able to do; (3) address the needs of each school in the district; (4) encourage the development of school-based improvement planning and implementation; (5) include a process for mentoring of new teachers; (6) be designed to improve student achievement with emphasis on closing the performance gaps among groups of students such as the performance gaps correlated with poverty, gender, language background and disability; (7) include establishment of student intervention teams to address the instructional needs of diverse learners, include high standards of student behavior designed to create an orderly educational environment with due regard for the rights of students, and an asset protection plan; and (8) be consistent with Rhode Island's comprehensive education strategy. In order to assure the most efficient use of resources implementing strategic plans, districts and schools are encouraged to work together as consortia and as part of the regional collaboratives.

(c) The strategic plan shall include strategies to improve the performance of students in mathematics, reading, and writing. These strategies shall be based on the adequate yearly progress expected for students and schools. Annual performance targets for determining whether schools and districts have made adequate yearly progress will be set by the commissioner of education. The general assembly expects these district strategies to increase the number of fourth grade students performing at or above the proficient standard in mathematics, reading and writing in each district and school. In fiscal 1998-1999 and beyond, the increase shall be established annually in accordance with section 16-7.1-4.

(d) Each strategic plan must indicate the manner in which self-studies will be completed at the school level in accordance with guidelines established by the commissioner. Funds shall be appropriated to the department of elementary and secondary education to assist districts with on-site reviews. Schools to be visited shall be determined by the commissioner.

(e) Each strategic plan must indicate the method in which school administrators and staff shall achieve and maintain an orderly educational environment in accordance with due process and with due regard for the rights of students.

(f) Each strategic plan shall include the development of inter-agency agreements for the coordination of services among state and local agencies responsible for service to children and families. These agreements shall address the identification and provision of services to pre-school children with disabilities and children and youth with behavioral health care needs.

(g) All district strategic plans and annual updates shall be submitted to the commissioner of education no later than November May 1, of each year.

16-7.1-11.1 Full day kindergarten investment fund. - Beginning in fiscal year 2001, the general assembly shall appropriate and distribute to each locally or regionally operated district a sum equal to the number of full-time kindergarten students enrolled in each district as of the previous October 1, times a per pupil amount which shall be: fifteen hundred dollars ($1,500) for those districts with a tax effort index of 0.6 or below 0.6 as calculated pursuant to 16-7.1-6; one thousand dollars ($1,000) for those districts with a tax effort equity index of 1.0 or below 1.0 as calculated pursuant to 16-7.1-6; and five hundred dollars ($500) for all other districts. Funding under this section shall be in addition to any and all other aid received by the district, including aid received under this chapter, 16-77.1, and any minimum increase of aid provided for under 16-7.1-15.

16-7.1-15. The Rhode Island student investment initiative - (1) Each locally or regionally operated school district shall receive as a base the same amount of school aid as each district received in fiscal year 1997-1998. For FY 2001 2002, that base shall be adjusted to reflect the increase increases or decrease decreases in aid enacted for FY 2000 and FY 2001 to meet the minimum and maximum funding levels established for FY 2000 and FY 2001. Each school district shall also receive school aid through each investment fund for which that district qualifies pursuant to sections 16-7.1-6, 16-7.1-8, 16-7.1-9, 16-7.1-10, 16-7.1-11, 16-7.1-11.1, 16-7.1-12, 16-7.1-16, 16-7.1-19, and 16-77.1-2 16-64-1.1. These sums shall be in addition to the base amount described in this section. The total school aid distributed under this section in FY 2001 2002 shall constitute not less than a 5.0 3.5 percent increase or more than a 13.5 percent increase in the aid distributed to the school district under this section in FY 2000 2001 and each district shall receive the increase or decrease in aid necessary to meet this minimum or maximum funding level. Additionally, for FY 2001 2002, any community with a tax effort equity index below 1.0 as calculated pursuant to section 16-7.1-6 shall receive not less than a 7.05 7.0 percent increase in aid distributed to the school district under this section in FY 2000 2001. Calculation and distribution of education aid under sections 16-5-31, 16-5-32, 16-7-20, 16-7-20.5, 16-7-34.2, 16-7-34.3, 16-24-6, 16-54-4, and 16-67-4 is hereby suspended. The funding of the purposes and activities of chapter 67 of this title, the Rhode Island Literacy and Dropout Prevention Act of 1967, shall be the same amount of the base amount of each district funded for that purpose in fiscal year 1997-1998. In addition each district shall expend three percent (3%) of its student equity and early childhood funds under the provisions of chapter 67 of this title.

(2) Funding for full day kindergarten programs in accordance with section 16-7.1-11.1 shall be in addition to funding received under this section.

(3) Funding distributed under section 16-77.1-2(b), above and beyond that received in FY 2001, shall be in addition to funding distributed under this section.

(4) There shall be an appropriation to ensure that total aid distributed to communities in FY 2002 under sections 16-7.1-15, 16-7.1-11.1 and 16-77.1-2(b) is not less than the amount proposed by the governor for FY 2002.

16-7.1-18. Investment funds -- Funding -- Funding of the investment funds enumerated in section 16-7.1-6, 16-7.1-8, 16-7.1-9, 16-7.1-10, 16-7.1-11, and 16-7.1-12 shall be by funds set aside from the state operations aid to be provided to school districts in the same manner as funds set aside and provided to school districts pursuant to chapter 67 of this title for literacy programs. The amount to be set aside will be that amount designated for each investment fund in the state budget as enacted. The funds thus set aside and provided to school districts shall be restricted to be used for the purposes required by the terms of sections 16-7.1-6, 16-7.1-8, 16-7.1-9, 16-7.1-10, 16-7.1-11, and 16-7.1-12. The fund thus set aside and provided to school districts shall be restricted to be used for the purposes required by the terms of sections 16-7.1-10, 16-7.1-11, and 16-7.1-12. The full set aside amount will be available for use by the school district. Use of this set aside amount is restricted to the purposes enumerated above and must be based on the strategic plan required to be submitted by local school districts to the department of elementary and secondary education by chapter 7.1 of this title.

16-7.1-19. Vocational technical equity fund -- The general assembly recognizes the need to support the academic instruction component of vocational education for students enrolled in career and technical education programs. To accomplish this, the general assembly shall appropriate some sum per student for each student who attends a locally operated career and technical center based on the enrollments reported to the department of elementary and secondary education for the previous academic year. Funding for all students enrolled in the locally operated career and technical centers shall be implemented for FY 2001 and FY 2002 only. For FY 2001 and FY 2002, this sum shall be five hundred dollars ($500) per student. In FY 2003 and thereafter, funding under this section will be limited to those students enrolled in programs that are part of the state certified career and technical system.

SECTION 3. Sections 16-64-1.1, 16-64-1.2, 16-64-1.3, 16-64-2 and 16-64-8 of the General Laws in Chapter 16-64 entitled "Residence of Children for School Purposes" are hereby amended to read as follows:

16-64-1.1. Payment and reimbursement for educational costs of children placed in foster care, group homes, child caring facilities, community residences, or other residential facility by a Rhode Island state agency - Payment and reimbursement for educational costs of children placed in foster care, group homes, or other residential facility by a Rhode Island state agency. -- (a) Children placed in foster care by a Rhode Island licensed child placing agency or a Rhode Island governmental agency with a private family shall be entitled to the same free appropriate public education provided to all other residents of the city or town where the child is placed. The city or town shall pay the cost of the education of the child during the time the child is in foster care in the city or town. and shall be reimbursed by the state in accordance with section 16-7-20(a).

(b) Children placed by DCYF in a group home or other residential facility that does not include the delivery of educational services are to be educated by the community in which the group home or other residential facility is located, and such children shall be entitled to the same free appropriate public education provided to all other residents of the city or town where the child is placed. For purposes of payment and reimbursement for educational costs under this chapter the term "group home or other residential facility" shall not include independent living programs. Each city and town that contains one or more group homes or other residential facilities that do not include delivery of educational services will receive funds as part of state aid to education in accordance with the following provisions:

(1) On December 31 of each year the DCYF shall provide the department of elementary and secondary education with a precise count of how many group home or other residential facility "beds" exist in each Rhode Island city or town, counting only those "beds" in facilities that do not include the delivery of educational services. The number of "beds" in each such group home or other residential facility shall be equal to the maximum number of children that may be placed in that group home or other residential facility on any given night according to the applicable licensure standards of the DCYF;

(2) On December 31 of each year the DCYF shall provide the department of elementary and secondary education with a precise count of the total number of students aged three (3) to twenty-one (21) in DCYF care on that date who reside in group homes in the state of Rhode Island, as well as an accurate accounting of the percentage of those children that are eligible for special education and related services pursuant to the individuals with disabilities education act as of that date;

(3) Each city or town shall receive state education aid in an amount equal to the number of group home or other residential facility "beds" in that community multiplied by a per pupil rate, subject to appropriation, intended to reflect the average cost per pupil based on the blend of regular education and special education students in group homes as derived from figures supplied on December 31 of the preceding year. Any city or town may petition the commissioner of elementary and secondary education for additional state education aid pursuant to this section in any year in which the total number of group home or other residential facility "beds" is increased by more than five (5) in any annual cycle.

(4) The general assembly shall annually appropriate a sum sufficient to distribute to each city or town the aid required by this subsection based upon the DCYF count provided on December 31 of the preceding year and such aid shall be distributed by the department of elementary and secondary education. For an appropriation to be made for payments to be made for the 2001-2002 school year the DCYF shall establish a count as required in this subsection upon passage of this legislation. Such count shall be determined based on the group home and other residential facility "beds" in existence in each community as of December 31 of the preceding year.

(b)(c) Children placed by DCYF pursuant to section 42-72-5(b)(24) in a residential treatment program, group home, or other residential facility, whether or not located in the state of Rhode Island, which includes the delivery of educational services provided by that facility (excluding facilities where students are taught on grounds for periods of time by teaching staff provided by the school district in which the facility is located), shall have the cost of their education paid for as provided for in subsection (d) of this section and section 42-72-5(b)(24) 16-64-1.2. The city or town determined to be responsible to DCYF for a per-pupil special education cost pursuant to section 16-64-1.2 shall pay its share of the cost of educational services to DCYF or its contracted agent. to the facility providing educational services.

(c) (d) Children placed by DCYF in group homes, child caring facilities, community residences, or other residential facilities shall have the entire cost of their education paid for by DCYF if:

(1) The facility is operated by the state of Rhode Island or the facility has a contract with DCYF to fund a pre-determined number of placements or part of the facility's program; and

(2) The facility is state-licensed; and

(3) The facility operates an approved on-grounds educational program, whether or not the child attends the on-grounds program.

(d) All other children placed by DCYF in group homes, child caring facilities, community residences, or other residential facilities, whether or not located in the state of Rhode Island, shall have the cost of their education paid for by DCYF or, if the child is enrolled in a public school in Rhode Island, by the city or town in which the residential facility is located, and the city, town or DCYF, shall receive a contribution from the city or town in which the child's parent(s) or guardian live as determined by section 16-64-1.2. Such contribution shall be at least the amount of the average per pupil cost for general or special education of the city or town making the contribution.

16-64-1.2. Designation of residency of children in state care for purposes of financial responsibility under section 16-64-1.1 -- Effect of designation of residency - Designation of residency of children in state care for purposes of financial responsibility under section 16-64-1.1(c) - Effect of designation of residence. -- (a) An initial factual determination and designation of the residence of the parent(s) of a child placed in the care and custody of the state shall be made by the family court in accordance with section 33-15.1-2. The director of the department of children, youth and families shall incorporate such designation of parent's residence on the child's intra-state education identification card and thereafter update the designation pursuant to section 42-72.4-1(b).

(b) If no factual determination and designation of the residence of the parent(s) of a child placed in the care and custody of the state is made by the family court pursuant to section 16-64-1.2(a) then the department of elementary and secondary education shall designate the city or town to be responsible for the per-pupil special education cost of education to be paid to DCYF or to the facility providing educational services for children in state care pursuant to section 16-64-1.1(c).

(b)(c) The department of elementary and secondary education shall designate the city or town to be responsible for the per-pupil special education cost of education to be paid to DCYF for children in state care who have neither a father, mother, nor guardian living in the state or whose residence can be determined in the state or who have been surrendered for adoption or who have been freed for adoption by a court of competent jurisdiction using the following criteria: (1) last known Rhode Island residence of the child's father, mother, or guardian prior to moving from the state, dying, surrendering the child for adoption or having parental rights terminated; (2) when the child's parents are separated or divorced and neither parent resides in the state, the last known residence of the last parent known to have lived in the state. Such designation by the department of elementary and secondary education shall be incorporated on the child's intra-state education identification card.

(c) (d) The designation of a city or town pursuant to subsection (a), or (b) or (c) shall constitute prima facie evidence of parents' residence in the city or town and/or the city or town's financial responsibility for the child's education as provided in section 16-64-1.1. Pending any final decision under section 16-64-6 that a different city, town or agency bears such financial responsibility, the commissioner shall be authorized to order the general treasurer to deduct the amount owed from the designated community's school aid and to pay such amount to the community or state agency which has incurred the educational costs DCYF.

16-64-1.3. Educational responsibility of city, town or state agency responsible for payment under section 16-64-1.1 - Educational responsibility for children in group homes and other residential placements. --

(a) The city or town in which a foster home, group home or other residential facility that does not include the delivery of educational services is located shall be responsible for the free appropriate public education of any child residing in such placements, including all procedural safeguards, evaluation and instruction in accordance with regulations under chapter 24 of this title, for any period during which a child is residing in such city or town. Such city or town shall coordinate its efforts with any other city or town to which a child moves when exiting the city or town responsible under this subsection.

(b) The city or town or state agency responsible for payment under section 16-64-1.1(c) for payment of a city or town's per pupil special education cost to DCYF for a child placed in a residential facility, group home, or other residential facility that includes the delivery of educational services shall be responsible for the free, appropriate public education, including all procedural safeguards, evaluation and instruction in accordance with regulations under chapter 24 of this title. , except that where payment is the responsibility of the department of children, youth and families, the department of elementary and secondary education shall be responsible for assuring that all procedural safeguards, evaluation and instruction in accordance with regulations under chapter 24 of this title are provided.

16-64-2. Retention of residence -- A child shall be eligible to receive education from the town in which the child's residence has been established until his or her residence has been established in another town and that town has enrolled the child within its school system, unless the commissioner of elementary and secondary education, pursuant to section 16-64-6, has ordered otherwise. Nothing contained herein shall be construed to prohibit a town in its own discretion from enrolling a child within its school system before a child has established technical residency within the town. The commissioner of elementary and secondary education shall promulgate such rules as may be needed to implement the educational provisions of the Stewart B. McKinney Homeless Assistance Act (P.L. 100-77), 42 U.S.C. section 11301 et seq. P.L. 105-220, 42 U.S.C. section 11431, et. seq.

16-64-8. Completion of semester of school year -- When a student changes his or her residence during the course of a semester the student shall be allowed to complete the semester in his or her original town of residence. If the student is a senior or about to enter his or her senior year the student shall be allowed to complete his or her senior year in his or her original town of residence. No school district shall be required to provide transportation to a student exercising the option permitted by this section. No school district shall require a student to exercise the option allowed in this section. No school district shall be required to pay tuition for a student who exercises the option allowed in this section. Nothing in this section shall be construed to diminish the rights of any person covered by the McKinney Homeless Assistance Act (P.L. 100-77), 42 U.S.C. section 11301 et seq. P.L. 105-220, 42 U.S.C. section 11431, et seq.

SECTION 4. Section 16-64-9 of the General Laws in Chapter 16-64 entitled "Residence of Children for School Purposes" is hereby repealed.

16-64-9. Reimbursement and payment of educational costs -- The board of regents, after consultation with DCYF, the Office of Child Advocate, the Rhode Island School Committee Association, MHRH, and other affected groups and individuals shall promulgate rules and regulations to govern the reimbursement and payment of educational costs for children placed by DCYF and MHRH in group homes, child care facilities, residential treatment programs, and similar placements. These regulations shall protect the educational rights of students, be fair to communities, and be designed to minimize litigation and disputes while maximizing efficiency and economy. The board of regents may authorize the commissioner to make deductions from sums payable under section 16-7-15, et seq. in order to facilitate balancing of accounts and the prompt payment of bills.

SECTION 5. Section 16-7-22 of the General Laws in Chapter 16-7 entitled "Foundation Level School Support" is hereby amended to read as follows:

16-7-22. Determination of average daily membership -- Each community shall be paid pursuant to the provisions of section 16-7-17 an amount based upon the following provisions:

(1) On or before September 1 of each year the average daily membership of each city and town for the reference year shall be determined by the commissioner of elementary and secondary education from data supplied by the school committee in each community in the following manner: The aggregate number of days of membership of all pupils enrolled full time in grade twelve (12) and below except that pupils below grade one who are not full time shall be counted on a full time equivalent basis:

(i) Increased by the aggregate number of days of membership of pupils residing in the particular city or town whose tuition in schools approved by the department of elementary and secondary education in other cities and towns is paid by the particular city or town; and

(ii) Decreased by the aggregate number of days of membership of nonresident pupils enrolled in the public schools of the particular city or town and further decreased by the aggregate number of days of membership equal to the number of group home beds calculated for the purposes of reimbursement pursuant to section 14-64-1.1; and

(iii) Decreased further, in the case of a city or town which is a member of a regional school district during the first year of operation of the regional school district, by the aggregate number of days of membership of pupils residing in the city or town who would have attended the public schools in the regional school district if the regional school district had been operating during the previous year, divided by the number of days during which the schools were officially in session during the reference year. The resulting figures shall be the average daily membership for the city or town for the reference year.

(2) The average daily membership of pupils attending public schools shall apply for the purposes of determining the percentage of the state's share under the provisions of sections 16-7-16(3), 16-7-16(10), 16-7-18, 16-7-19, 16-7-20, and 16-7-21.

(3) In the case of regional school districts, the aggregate number of days of membership by which each city or town is decreased in subdivision (1)(iii) of this section divided by the number of days during which the schools attended by the pupils were officially in session shall determine the average daily membership for the regional school district during the first year of operation. After the first year of operation, the average daily membership of each regional school district except the Chariho regional high school district, shall be determined by the commissioner of elementary and secondary education, from data supplied by the school committee of each regional school district for the reference year in the manner provided in subdivision (1) of this section.

SECTION 6. Section 16-77-3 of the General Laws in Chapter 16-77 entitled "Establishment of Charter Public Schools" is hereby amended to read as follows:

16-77-3. Commissioner of elementary and secondary education and local school committee authorized to recommend the granting of a charter -- (a) The commissioner of elementary and secondary education and/or the school committee where the charter public school is to be located are hereby authorized in response to an application to recommend to the board of regents for elementary and secondary education the granting of a revocable charter authorizing operation of a charter public school for up to five (5) years, subject to renewal for additional five-year periods.

(b) Persons or entities eligible to submit an application to establish a charter school shall be limited to:

(1) Existing public schools; or

(2) Groups of public school personnel;

(3) Public school districts;

(4) Established Rhode Island nonprofit organizations in accordance with paragraph (i) of this section provided that such nonprofit organizations shall have existed for at least two (2) years and must exist for a substantial reason other than to operate a school;

(5) A group of school districts; or

(6) Colleges and universities within the state of Rhode Island.

(c) No existing public school shall be converted into a charter public school unless a majority of the parents and/or guardians of the students currently assigned to the school and two-thirds (2/3) of the certified teaching personnel currently assigned to the school approve the proposed charter, as provided in section 16-77-4.1.

(d) No private or parochial schools shall be eligible for charter school status, nor shall a charter school be affiliated in any way with a sectarian school or religious institution. In addition, any charter school authorized by this chapter shall be nonsectarian and nonreligious in its programs, admissions policies, employment practices, and all other operations. The board of regents shall not approve a charter to a school whose overall operation or education program is managed by a for profit entity.

(e) School professionals employed by a local or regional school committee or the state of Rhode Island shall be entitled to a two (2) year leave of absence, without compensation, in order to be employed in a charter school, provided such leave shall be extended upon request for an additional two (2) years. At any time during or upon completion of such leave of absence, a school professional may return to work in the school district in the position in which he or she was previously employed or a comparable position. Such leave of absence shall not be deemed to be an interruption of service for purposes of seniority and teachers' retirement.

(f) No child shall be required to attend a charter public school nor shall any teacher be required to teach in a charter public school. The school committee shall make accommodations to facilitate the transfer of students who do not wish to participate in the charter public school into other public schools. It shall also make accommodations for those students who wish to participate to transfer into the charter public school as space permits. If the total number of students who are eligible to attend and apply to a charter school is greater than the number of spaces available, the charter school shall conduct a lottery to determine which students shall be admitted.

(g) The commissioner is hereby empowered to promulgate rules and regulations consistent with this chapter, in conformance with chapter 35 of title 42, for the creation and operation of charter public schools. Said rules and regulations shall set forth the process for rescission of state approval of a charter school, including appropriate protections to ensure the continued provision of education services to the students of the charter school whose charter is rescinded.

(h) All charter schools shall adhere to financial recordkeeping, reporting, auditing requirements, and procedures, in the same manner as required of local public school districts and in accordance with federal and state laws and regulations.

(i) Any nonprofit organization which seeks to establish a charter school must submit its financial records and financial plan for operating the school to the auditor general, who shall review the records, the financial plan, and the financial integrity of the organization. At the time of initial charter application the financial records and financial record keeping system of the nonprofit organization and the proposed financial plan for the charter school shall be reviewed by the auditor general and the auditor general shall, at such time as the application is being considered for preliminary approval by the board of regents, provide an initial determination to the board of regents, the commissioner of elementary and secondary education, and the speaker of the house of representatives indicating that the auditor general is satisfied that the nonprofit organization is financially responsible. Final approval for operation of the public charter school shall not be granted by the board of regents No application for a charter school from a nonprofit organization may be considered by the board of regents until the auditor general has approved the financial plan and financial recordkeeping system and is satisfied that the nonprofit organization is financially responsible. The auditor general shall notify the board of regents, the commissioner of elementary and secondary education, and the speaker of the house of representatives of the findings. During the year immediately preceding the September in which the public charter school is to begin operation, the charter applicant shall make such additional submissions to the auditor general as prescribed by the auditor general in his initial determination. Additional submissions during the year prior to the September in which the public charter school is to begin operation shall include, but not be limited to, evidence submitted to the auditor general not later than June 1, prior to the September opening of the public charter school of the existence of an agreement, option for lease or purchase, lease agreement or purchase agreement, contingent upon general assembly funding, for a facility in which the public charter school will operate in its first year of operation. The auditor general shall have the authority to review charter schools on an annual basis or require the charter school to have an annual certified audit in accordance with the same federal and state standards that are applicable to local public school districts. If as a result of any annual audit the auditor general believes there are financial irregularities, the auditor general shall withdraw the original approval and the board of regents shall withdraw its approval for the charter school to continue operation.

SECTION 7. This article shall take effect on July 1, 2001.


ARTICLE 23 SUBSTITUTE A AS AMENDED

RELATING TO PROCEEDINGS IN FAMILY COURT

SECTION 1. Section 14-1-11 of the General Laws in Chapter 14-1 entitled "Proceedings in Family Court" is hereby amended to read as follows:

14-1-11. Authorizing and filing petition -- (a) The filing of the petition constitutes assumption of jurisdiction over the child. Filing shall take place upon authorization by the intake department upon completion of its procedures pursuant to Rule 3 of the Rules of Juvenile Proceedings, upon authorization by a justice of the family court pursuant to Rule 4 of the Rules of Juvenile Proceedings, or immediately upon appearance of the child before the court following emergency detention, unless the court otherwise orders.

(b) In the event that a petition is filed, any appropriate person having knowledge, information, or belief of the material facts that appear to warrant a petition may be a petitioner under this chapter and is not required to give recognizance or surety for costs. The petition shall be directed to the family court of the state of Rhode Island, setting forth that in the opinion of the petitioner the child is a delinquent, wayward, dependent, or neglected child, or otherwise comes within the provisions of this chapter, and requires the care and protection of the state, and all petitions, with the exception of those requesting the arrest and/or detention of any person, shall be sworn to before a licensed notary public. Those exceptions, as stated above, shall be sworn to by either a justice or clerk of the family court.

(c) No child shall be ordered detained at the training school, unless there is pending against the child a petition setting forth facts which would constitute a felony or misdemeanor if committed by an adult or which alleges a violation of a valid court order, or unless the child is adjudged in contempt of court. Any child detained is entitled to a probable cause hearing within ten (10) days. Nothing in this section prohibits the temporary commitment by the family court to the department of children, youth, and families for placement of a child in a specific facility or program other than the training school for youth.

(d) No petition alleging that a child is wayward by virtue of disobedient behavior may be filed except upon proof offered in such petition that the child has been subjected to a needs assessment conducted at a facility approved by the director of the department of children, youth and families, and that a treatment plan resulting from such an assessment has been unsuccessful.

(e) The director of the department of children, youth and families is authorized and directed to promulgate rules and regulations that it deems necessary to implement the provisions and purposes of this section.

SECTION 2. Sections 14-1-27, 14-1-32, 14-1-34, 14-1-35, 14-1-36, 14-1-42 and 14-1-59 of the General Laws in Chapter 14-1 entitled "Proceedings in Family Court" are hereby amended to read as follows:

14-1-27. Temporary detention in public or private institutions -- (a) Provision may be made by the family court for the temporary detention of children ordered to be detained, in homes to be provided by the department of children, youth, and families (DYCF), or the at the training school for youth or in the custody of the director of the department of children, youth and families. The court may arrange for the boarding of children temporarily in private homes licensed and approved by the department of children, youth, and families and subject to the supervision of the court, or may arrange with any incorporated institution or agency licensed for child care, to receive for temporary care, children ordered detained by the court. The detention shall not exceed thirty (30) days. The court may extend this time for not more than thirty (30) days if it considers it is for the best interest of the child.

(b) When DCYF makes application to the court to take a child into temporary custody due to allegations of abuse and/or neglect or dependency, DCYF has the duty to investigate the possibility of placing the child or children with a fit and willing relative not residing with the parents. DCYF shall conduct an assessment into the appropriateness of placement of the child or children with that relative within thirty (30) days of the child's placement in the temporary custody of DCYF. If the department determines that the relative is a fit and proper person to have placement of the child, the child shall be placed with that relative, unless the particular needs of the child make the placement contrary to the child's best interests. All placements with relatives shall be subject to criminal records checks in accordance with section 14-1-34, foster care regulations promulgated by DCYF, and interstate compact approval, if necessary.

(c) If DCYF proposes to place the child with a relative outside the state of Rhode Island, DCYF shall notify the parent who has an opportunity to file an objection to the placement with the family court within ten (10) days of receipt of that notice. A hearing shall be held before the child is placed outside the state of Rhode Island.

(d) If the request of a relative for placement of a child or children is denied by DCYF, that relative has the right to petition the court for review. The court shall within five (5) days of the request, conduct a hearing as to the suitability of temporary placement with that relative and shall make any orders incident to it as it deems meet and just.

(e) Whenever the court determines that permanent placement or adoption is in the best interest of a child, a fit and willing relative who has been awarded placement of the child shall be given priority over a nonrelative, provided that the permanent placement or adoption is in the best interest of the child.

14-1-32. Power of court to order disposition of child -- If the family court finds that a child is delinquent, wayward, neglected, dependent, or otherwise within the provisions of this chapter, it may by order proceed as follows:

(1) The court may place the child on probation or under supervision in his or her own home or in the custody of a relative or other suitable person, or in the custody of any of the agencies, societies, or institutions under the control of or approved by the department of children, youth, and families, of the director of the department of children, youth and families, upon any terms the court determines. Nothing herein shall prohibit the placement of a child in any facility licensed or approved by another department of state government. If the court finds that a child is delinquent or wayward for any offense which has resulted in damage to the property of another, the court may order that appropriate monetary restitution be made immediately to the owner of the damaged property by the child, his or her parent, parents, or guardian or other lawful custodian, upon examination and after a finding that the child, or his or her parent, parents, or guardian or other lawful custodian, has the ability to pay restitution;

(2) The court may order the child to engage in community related service at a state or municipal agency or department in addition to or in lieu of restitution, for a period of time to be determined by the court;

(3) The court may order the parent or parents of the child to undertake a program of counseling, which program shall be designed to attempt to remedy those conditions which led to the child's coming before the court;

(4) The court may, by order, prior to a finding that a child is delinquent, wayward, neglected, dependent, or otherwise within the provisions of this chapter, place the petition on file. The court may, in its discretion, attach conditions to it. The conditions shall be a valid court order. If no action is taken on the petition for a period of one year or less, if so ordered, following the filing, the authorization issuing the petition shall be revoked by the clerk and the petition shall be closed.

14-1-34. Placement of dependent and neglected children -- Criminal records of foster parents made available. [Effective January 31, 2001.] -- If, after a hearing on any petition, a child is found to be "dependent" or "neglected" within the meaning of this chapter, the family court shall by decree assign the custody of the child to any institution or agency under the control of the department of children, youth, and families or to any of the private agencies, societies, or institutions licensed by the department to place dependent or neglected children in family homes or in special institutions, or to receive and provide temporary or continued care for dependent or neglected children, the director of the department of children, youth and families, for any period the court sees fit. The state institution, or the agency, society, or institution, director of the department of children, youth and families shall then become entitled to the custody of the child to the exclusion of any other person. None of the societies or any other person is entitled to the goods and chattels of the child. The court may at any time, for good cause shown, modify or revoke this decree. For any individual eighteen (18) years of age or older, the family court may order that the case management services be provided by the licensed agency, society, or institution in which the individual is placed, provided however, that the department monitors the individual's case on a quarterly basis. The department for children, youth, and families shall apply to the bureau of criminal identification of the state police or the local police department for a nationwide criminal records check of prospective foster parents. The check will conform to the applicable federal standards including the taking of fingerprints to identify the applicant. The agencies, societies, or institutions, and the department of children, youth, and families shall request the attorney general, through the division of criminal identification, to make available any criminal record of present and prospective foster parents. The attorney general shall immediately comply with that request, and the requesting agency, society, or institution, or the department of children, youth, and families, shall examine these records in determining the suitability of these persons to be foster parents. The criminal record check shall be conducted without charge to the foster parents. At the conclusion of the background check required in this section, the state police, attorney general, or the local police department shall promptly destroy the fingerprint record of the applicant obtained pursuant to this chapter.

14-1-35. Guardianship of agency to which child entrusted -- Adoption proceedings -- In the event that the family court awards a dependent or neglected child to the care custody of any institution under the control of the department of children, youth, and families, or of any agency, society, or institution, in accordance with the provisions of this chapter, the child shall, unless otherwise ordered, become a ward and be subject to the guardianship of the department or of the agency, society, or institution to whose care it is committed. That guardianship shall not include the guardianship of any estate of the child. The department, agency, society, or institution, shall be made party to any proceeding for the legal adoption of the child and may, by its attorney or agent, appear in the family court where those proceedings are pending and consent to the adoption. When adoption proceedings are filed in the office of the clerk of the family court, notice of the filing of the petition shall be filed at least twenty (20) days before any final decree of adoption is entered. The entry of any final decree of adoption releases the department, agency, society, or institution from any liability which was incurred by it by reason of the commitment of the child to it.

14-1-36. Commitment of delinquent and wayward children -- (a) In all proceedings under this chapter when the family court orders a delinquent or wayward child to be committed to an institution, the institution shall be the training school for youth. Nothing contained in this section prohibits the placing of any delinquent or wayward child in the custody of the department of children, youth and families, or any other agency, society, or institution, as provided in section 14-1-32. The commitment of delinquent or wayward children shall be by an order and all assignments of the custody of dependent, neglected, delinquent, or wayward children to any of the state training school for youth or to the custody of the department of children, youth and families or to any of the or private institutions, agencies, or societies mentioned in this chapter shall be by a decree signed by the justice of the court by whom the order or decree is issued. That order or decree shall be directed to any person the court designates, and shall require that person to take the child and deliver him or her to the officer in charge of the training school for youth or to the custody of the director of the department of children, youth and families or of the public or private institution, agency, or society. The order or decree constitutes the person charged with it, while he or she has it in possession for service, an officer for all purposes under this chapter, in any county of the state in which it is necessary for him or her to go. The person charged with carrying out the order or decree shall also deliver to the officer of the public or private institution, agency, or society or to the training school for youth or the director of children, youth and families a copy of the order or the decree signed by the justice of the court issuing it. Subject to the provisions of this chapter, the officer and other authorities in charge of the training school for youth or the director of the department of children, youth and families or any public or private institution, agency, or society shall hold the child according to the terms of any other order or decree that may from time to time be issued by the court in relation to the child.

(b) Whenever the court commits a child to the training school for youth or to the director of the department of children, youth and families or any other any institution or agency, it shall transmit with the order of commitment a summary of its information concerning the child.

14-1-42. Modification of order of commitment -- Release, detention, or recommitment of child -- (a) An order of commitment made by the court in the case of a child is subject to modification or revocation from time to time.

(b) A parent, guardian, or next friend of a child, or counsel for a child who is committed or assigned by the family court to the custody of an institution, agency, or person of the department of children, youth, and families, may at any time file with the court a verified petition, stating that the institution, agency, or person or the department has denied an application for the release of the child or has failed to act upon the application within a reasonable time. If the court is of the opinion that an investigation should be made, it may, upon due notice to all concerned, proceed to hear and determine the question at issue. If a petition is filed, it is the duty of the court to determine by clear and convincing evidence that there has been a change of circumstances, and where the modification or revocation of the order of commitment is in the best interest of the child and the public, the court may:

(1) Order that the child be restored to the custody of its parent or guardian or be detained in the custody of the institution, agency, or person; or the department;

(2) Direct the institution, agency, or person or the department to make any other arrangements for the child's care and welfare as the circumstances of the case require; or

(3) A further order or of commitment.

(c) In any case where a child has been certified and adjudicated pursuant to sections 14-1-7.2 and 14-1-7.3, and sentenced pursuant to section 14-1-7.3(b), the court shall schedule a review of the child's case thirty (30) days prior to the child's eighteenth (18th) birthday or thirty (30) days prior to the one year anniversary of the imposition of the sentence, whichever is greater. It is the responsibility of the attorney general or of the law enforcement agency making the arrest to notify the victim or victims of the crime for which the juvenile was certified and adjudicated of the pendency of the hearing and afford them the opportunity to be heard. The court shall not hear or determine any other motion for modification of the order of certification, except as provided for in this section. At that time and on proof by clear and convincing evidence that demonstrates that the person has made sufficient efforts at rehabilitation and that the modification of the order of certification would not pose a threat to the safety of the public, the court may suspend, but shall not vacate, the balance of the sentence.

(d) In the event that the court, after a hearing, determines that it has not been demonstrated by clear and convincing evidence that the person has made sufficient efforts at rehabilitation and that the modification of the order of certification entered pursuant to section 14-1-7.3(b) would pose a threat to the safety of the public, the court shall order either:

(1) That the person be remanded to the training school for youth until a further hearing to be held no later than one year later in accordance with subsection (c) of this section; or

(2) That the jurisdiction of the sentence be transferred to the department of corrections and that the balance of the sentence be served in facilities under the control of the department.

(3) In any case where a child has been certified and adjudicated pursuant to section 14-1-7.3(b) on motion by the attorney general and/or the department of children, youth, and families the court shall conduct a hearing to consider modification of the order of certification if the family court determines that the individual poses a serious threat to the safety of the public, other residents at the training school and/or training school staff. Upon this finding the court may order that the jurisdiction of the sentence be transferred to the department of correction and that the balance of the sentence be served in facilities under the control of that department.

14-1-59. Cooperation of public and private agencies -- It is the duty of every state, town, or municipal official or department, including, but not limited to, the department of children, youth, and families; the department of health; the department of human services; the department of elementary and secondary education; the office of substance abuse; and the department of mental health, retardation, and hospitals; to render all assistance and co-operation within his, her, or its jurisdictional power which may further the objects of this chapter. All institutions or agencies to which the court sends providing services to any child are required to give to the court any information concerning the child the court requires. The family court is authorized to seek the cooperation of all societies or organizations having for their object the protection or aid of children, and their physical or spiritual welfare. The court shall utilize the available services of all of those societies and organizations.

SECTION 3. Section 1 of this article shall take effect upon the promulgation and adoption of regulations by the department of children, youth and families pursuant to section 14-1-11(e), provided, that any rule or regulation affecting the duties and responsibilities of the family court shall be made with the concurrence of the chief judge of the family court. The remainder of this article shall take effect upon passage.


ARTICLE 24 SUBSTITUTE A

RELATING TO COMPENSATION OF BOARD MEMBERS

SECTION 1. For the fiscal year ending June 30, 2002, the compensation paid to commissioners and board members for attendance at board meetings of the following state agencies and autonomous and semi-autonomous boards and commissions authorized under the General Laws of this state is suspended. Reimbursement for travel costs to said meetings will continue to be allowable in accordance with existing state travel regulations.

 

R.I.G.L.

Compensation

Board/Commission Title

Reference

(per Meeting)

Liquor Control

3-3-4

$25.00

Accountancy

5-3.1-4

30.00

Electricians

5-6-27

25.00

Engineers

5-8-5

25.00

Land Surveyors

5-8.1-6

25.00

Hairdressers, Cosmeticians

   

and Manicurists

5-10-4

25.00

Pharmacy

5-19-5

500.00 yearly

Real Estate Appraisers

5-20.7-4

75.00

Real Estate Commission

5-20.5-12

25.00

Plumbing Examiners

5-20-7

25.00

Professional Regulation

5-26-5

20.00/40.00

Barber Examiners

5-10-4

25.00

Chiropractics

5-30-15

10.00

Examiners in Dentistry

5-31.1-2

100.00

Nursing

5-34-8

50.00

Health Services Council

23-17-14.2

50.00

Optometrists

5-35-3

30.00

Medical Licensure & Discipline

5-37-1.1

100.00

Hearing Aid Dealers & Fitters

5-49-15

25.00

Landscape Architects

5-51-2

25.00

Board of Governors for

   

Higher Education

16-59-1

50.00/75.00

Board of Regents

16-60-1

75.00

Public Telecommunications

   

Authority

16-61-4

50.00/75.00

Legislative Oversight

22-14-1

50.00

Building Code Commission

23-27.3-108.2.2

50.00/75.00

Fire Appeal and Review

23-28.3-4

50.00/75.00

Pipefitters and

   

Refrigeration Technicians

28-27-3

25.00

Apprenticeship Training

28-45-2

45.00

Commission for Human Rights

28-5.1-1

50.00

Motor Dealers License

31-5-2.1

40.00

Medical Advisory -- Motor

   

Vehicles

31-10-44

50.00

Investment

35-10-7

75.00

Ethics

36-14-8

100.00

Racing and Athletics

41-2-2

25.00

Pilotage

46-9.1-3

50.00

Water Resources Board

46-15.1-2.4

50.00/75.00

Coastal Resources Management

46-23-5

50.00/75.00

Narragansett Bay Water

   

Quality Distributors

46-25-8

50.00

Vehicle Value Commission

44-34-11

50.00

Police and Fire Relief

45-19-6

25.00

SECTION 2. Notwithstanding the boards and commissions identified in Section 1 it is the intent of this article to suspend the compensation paid to members of all state agencies and autonomous and semi-autonomous boards and commissions authorized compensation under the General Laws of Rhode Island, except for the Medical Advisory Board of the Workers' Compensation Court pursuant to Chapter 28-30-22 of the general laws.

SECTION 3. This article shall take effect on July 1, 2001.


ARTICLE 25 SUBSTITUTE A AS AMENDED

RELATING TO HOSPITAL UNCOMPENSATED CARE

SECTION 1. Sections 40-8.3-2 and 40-8.3-3 of the General Laws in Chapter 40-8.3 entitled "Uncompensated Care" are hereby amended to read as follows:

40-8.3-2. Definition. -- As used in this chapter:

(1) "Base year" means for the purpose of calculating a an annual disproportionate share payment for any fiscal year ending on or before September 30, 2000, the period from October 1, 1994 through September 30, 1995 and for the purpose of calculating an annual disproportionate share payment for any fiscal year ending after September 30, 2000, the period from October 1, 1998 through September 30, 1999.

(2) "Medical assistance inpatient utilization rate for a hospital" means a fraction (expressed as a percentage) the numerator of which is the hospital's number of inpatient days during the base year attributable to patients who were eligible for medical assistance during the base year and the denominator of which is the total number of the hospital's inpatient days in the base year.

(3) "Participating hospital" means any nongovernment and nonpsychiatric hospital that: (i) was licensed as a hospital in accordance with chapter 17 of title 23 during the base year, (ii) achieved a medical assistance inpatient utilization rate of at least one percent (1%) during the base year, and (iii) continues to be licensed as a hospital in accordance with chapter 17 of title 23 during the payment year.

(4) "Uncompensated care costs" means, as to any hospital, the sum of (i) the cost incurred by such hospital during the base year for inpatient or outpatient services attributable to charity care (free care and bad debts) for which the patient has no health insurance or other third-party coverage less payments, if any, received directly from such patients and (ii) the cost incurred by such hospital during the base year for inpatient or out-patient services attributable to medicaid beneficiaries less any medicaid reimbursement received therefor; multiplied by the uncompensated care index.

(5) "Uncompensated care index" means the annual percentage increase for hospitals established pursuant to section 27-19-14 for each year after the base year, up to and including the payment year, provided, however, that the uncompensated care index for the payment year ending September 30, 2001 shall be deemed to be four and seventy-five hundredths percent (4.75%), and that the uncompensated care index for the payment year ending September 30, 2002 shall be deemed to be four and nine tenths percent (4.90%).

40-8.3-3. Implementation. -- (a) For the fiscal year commencing on October 1, 1999, and ending September 30, 2000, each participating hospital shall be paid by the department of human services on or before October 28, 1999, an annual disproportionate share payment equal to the lesser of (1) the hospital's uncompensated care costs or (2) a percentage equal to a minimum of two and six-tenths percent (2.6%) of the dollar amount of all chargeable services in the hospital's base year adjusted by the uncompensated care index.

(b) For the fiscal year commencing on October 1, 1999 and ending September 30, 2000, each participating hospital shall be paid by the department of human services on or before September 29, 2000, a supplemental disproportionate share payment equal to (1) the lesser of (i) the hospital's uncompensated care costs adjusted by the uncompensated care index or (ii) a percentage equal to a minimum of four and fifteen-hundredths percent (4.15%) of the dollar amount of all chargeable services in the hospital's base year, less (2) any disproportionate share payments made to each participating hospital pursuant to subsection (a) during the period October 1, 1999 through September 28, 2000; provided, however that the supplemental disproportionate share payments are expressly conditioned upon approval on or before September 29, 2000 by the Secretary of the U.S. Department of Health and Human Services, or his or her authorized representative, of all Medicaid state plan amendments necessary to secure for the state the benefit of federal financial participation in federal fiscal year 2000 for the supplemental disproportionate share payments.

(c) For the fiscal year commencing on October 1, 2000 and ending September 30, 2001, each participating hospital shall be paid by the department of human services on or before April 2, 2001, an annual disproportionate share payment equal to the lesser of (1) the hospital's uncompensated care costs adjusted by the uncompensated care index or (2) a percentage equal to a minimum of five and seventy-five hundredths percent (5.75%) of the dollar amount of the difference between (i) all chargeable services in the hospital's base year and (ii) the sum of charity care charges, bad debt expenses, and contractual allowances in the hospital's base year; provided, however, that the disproportionate share payments are expressly conditioned upon approval on or before April 2, 2001 by the Secretary of the U.S. Department of Health and Human Services, or his or her authorized representative, of all Medicaid state plan amendments necessary to secure for the state the benefit of federal financial participation in federal fiscal year 2001 for the disproportionate share payments.

(d) (b) For the fiscal year commencing on October 1, 2001 and ending September 30, 2002, each participating hospital shall be paid by the department of human services on or before October 30, 2001, a disproportionate share payment equal to the lesser of (1) the hospital's uncompensated care costs adjusted by the uncompensated care index; or (2) a percentage equal to six and five hundredths percent (6.05%) of the dollar amount of the difference between (i) all chargeable services in the hospital's base year and (ii) the sum of charity care charges, bad debt expenses, and contractual allowances in the hospital's base year; provided, however, that the disproportionate share payments are expressly conditioned upon approval on or before October 30, 2001 by the Secretary of the U.S. Department of Health and Human Services, or his or her authorized representative, of all Medicaid state plan amendments necessary to secure for the state the benefit of federal financial participation in federal fiscal year 2002 for the disproportionate share payments.

SECTION 2. This article shall take effect July 1, 2001.


ARTICLE 26 SUBSTITUTE A AS AMENDED

RELATING TO STATE AFFAIRS AND GOVERNMENT -- PHARMACEUTICAL ASSISTANCE TO THE ELDERLY

SECTION 1. Section 42-66.2-3 of the General Laws in Chapter 42-66.2 entitled "Pharmaceutical Assistance to the Elderly Act" is hereby amended to read as follows:

42-66.2-3. Definitions -- As used in this chapter, unless the context requires otherwise:

(1) "Consumer" means any full-time resident of the state who fulfills the eligibility requirements set forth in section 42-66.2-5. Residence for purposes of this chapter shall be in accordance with the definitions and evidence standards set forth in section 17-1-3.1.

(2) "Contractor" means a third party or private vendor capable of administering a program of reimbursement for prescription drugs, and drug program eligibility administrative support as required by the director, the vendor to be determined through a competitive bid process in which the director awards a three (3) year contract for services.

(3) "Department" means the department of elderly affairs.

(4) "Director" means the director of the department of elderly affairs.

(5) "Drugs" and "eligible drugs" means insulin and shall mean noninjectable drugs which require a physician's prescription according to federal law and which are contained in the following American hospital formulary service pharmacologic-therapeutic classifications categories that have not been determined by the federal "drug efficacy and safety implementation (DESI) commission" to lack substantial evidence of effectiveness. Drugs and eligible drugs are limited to the following classification categories: cardiac drugs, hypotensive drugs, diuretics, anti-diabetic agents, insulin, disposable insulin syringes, vasodilators (cardiac indications only), anticoagulants, hemorreolgic agents, glaucoma drugs, drugs for the treatment of Parkinson's disease, antilipemic drugs and oral antineoplastic drugs and drugs for the treatment of asthma and other chronic respiratory diseases and prescription vitamin and mineral supplements for renal patients, and drugs approved for the treatment of alzheimer's disease, drugs used for the treatment of depression, those drugs approved for the treatment of urinary incontinence, anti infectives, drugs used for the treatment of arthritis, drugs approved for the treatment of osteoporosis, and neuraminidase inhibiting drugs indicated for the treatment of influenza A and B.

(6) "Income" for the purposes of this chapter means the sum of federal adjusted gross income as defined in the Internal Revenue Code of the United States [26 U.S.C. section 1 et seq.], and all nontaxable income including but not limited to, the amount of capital gains excluded from adjusted gross income, alimony, support money, nontaxable strike benefits, cash public assistance and relief (not including relief granted under this chapter), the gross amount of any pension or annuity (including Railroad Retirement Act benefits [45 U.S.C. section 231 et seq.], all payments received under the federal Social Security Act [42 U.S.C. section 301 et seq.], state unemployment insurance laws, and veterans' disability pensions), nontaxable interest received from the federal government or any of its instrumentalities, workers' compensation, and the gross amount of "loss of time" insurance. It does not include gifts from nongovernmental sources, or surplus foods or other relief in kind supplied by a public or private agency.

(7) "Pharmaceutical manufacturer" means any entity holding legal title to or possession of a national drug code number issued by the federal food and drug administration.

(8) "Pharmacy" means a pharmacy licensed by the state of Rhode Island and whose place of business is physically located within the state.

(9) "Pilot program contractor" means Blue Cross and Blue Shield of Rhode Island.

SECTION 2. Chapter 42-66.2 of the General Laws entitled "Pharmaceutical Assistance to the Elderly Act" is hereby amended by adding thereto the following section:

42-66.2-4.1. Catastrophic illness coverage. -- The state shall pay one hundred percent (100%) of the prescription drug costs for eligible drugs as defined in section 42-66.2-3(5) for any consumer, as defined in section 42-66.2-3(1), who is eligible to receive pharmaceutical drug coverage benefits under section 42-66.2-5(1)(i) or section 42-66.2-5(2)(i) and who has expended at least one thousand five hundred dollars ($1,500) in total copayments within a state fiscal year. The initial one thousand five hundred dollars ($1,500) paid by the consumer shall not be reimbursed by the state. The state shall make such payments under this subsection only until the end of the fiscal year.

SECTION 3. This article shall take effect on July 1, 2001.


ARTICLE 27 SUBSTITUTE A

RELATING TO STATE EMPLOYEES

SECTION 1. Sections 36-4-14 and 36-4-14.1 of the General Laws in Chapter 36-4 entitled "Merit System" are hereby amended to read as follows:

36-4-14. Adoption of pay plan. - (a) After reasonable opportunity to be heard has been given to employees, appointing authorities, and the general public, and after incorporating any modification, change, or amendment he or she considers desirable, the director shall submit the plan to the governor who shall approve and adopt the plan with such changes as he or she deems necessary and order its application to all positions in the classified service. When the governor has adopted the pay plan, it shall constitute the official pay schedule for positions in the classified service; thereafter, no person in the classified service shall be paid a salary that is greater than the maximum or less than the minimum rates fixed in the approved pay plan or by amendments thereto, or by the personnel rules. Notwithstanding the provisions of this section or any other section of this chapter, upon successful completion of a four-course curriculum incentive in-service training program approved by the personnel administrator, a state employee hired before July 1, 2001 shall be granted a one-step pay increment next above the current base step, or if the employee is at the maximum of the grade the employee shall receive a pay increment equal in amount to the last step in the pay grade, the increment to be retained, separate and apart from any salary or longevity increase that the employee may at that time or thereafter receive.

(b) Upon leaving state service, upon choosing an educational incentive plan provided for in the Personnel Rules or upon choosing to participate in another recognized educational incentive plan, a state employee's eligibility for the one-step pay increase described in paragraph (a) shall cease.

(c) Unless otherwise provided in the general laws, state employees hired on or after July 1, 2001 shall be eligible only for the educational incentive plan as provided for in the Personnel Rules. However, state employees who are eligible for a different statutory or contractual educational incentive plan may choose that other plan instead of the educational incentive plan as provided for in the Personnel Rules.

36-4-14.1. Ineligibility for other incentive payments. - Any person receiving an incentive pay increase increment under this chapter is ineligible to benefit from any other educational incentive program such as contained in chapter 28.1 of title 42, 42-28.4-1, 42-56.1-1, and 8-4.1-1, or any other chapter relating to an educational incentive pay program. However, state employees who are eligible for a different statutory or contractual educational incentive plan may choose that other plan instead of the educational incentive plan as provided for in the Personnel Rules.

SECTION 2. This article shall take effect upon passage.


ARTICLE 28 SUBSTITUTE A

RELATING TO DEVELOPMENTAL DISABILITIES

SECTION 1. Section 40.1-22-39 of the General Laws in Chapter 40.1-22 entitled "Developmental Disabilities" is hereby amended to read as follows:

40.1-22-39. Quarterly reports to the general assembly -- The department of mental health, retardation, and hospitals shall report quarterly to the general assembly with respect to eligible developmentally disabled adults. The reports shall include summary information as well as profiles of the service demand request for eligible adults meeting the state statutory definition for services from the division of developmental disabilities as determined by the division, including age, medicaid eligibility, and agency selection placement with a listing of the services provided. The report shall be filed with the chairperson of the house and senate finance committees with copies to the respective fiscal advisors. Reports shall be submitted within thirty (30) days of the end of each calendar quarter.

On or before the fifteenth (15th) day of each month, the department shall provide a monthly report of monthly caseload and expenditure data pertaining to eligible developmentally disabled adults to the chairperson of the house finance committee, the chairperson of the senate finance committee, the house fiscal advisor, the senate fiscal advisor, and the state budget officer. The monthly report shall be in such form, and in such number of copies, and with such explanation as the house and senate fiscal advisors may require. It shall include, but is not limited to, the number of cases and expenditures from the beginning of the fiscal year at the beginning of the prior month, cases added and denied during the prior month, expenditures made, and the number of cases and expenditures at the end of the month. The information concerning cases added and denied shall include summary information and profiles of the service demand request for eligible adults meeting the state statutory definition for services from the division of developmental disabilities as determined by the division, including age, medicaid eligibility and agency selection placement with a list of the services provided, and the reasons for the determinations of ineligibility for those cases denied.

SECTION 2. Study on human services advocacy. -- The general assembly hereby establishes a legislative study to explore the feasibility of organizing a unified human services advocacy system. The study shall address oversight, mission, quality assurance and budget issues relating to existing human service advocate and human rights offices and shall consider all powers, duties and responsibilities of state government related to advocate and human rights entities and any other matters determined to be relevant and material. The study shall be completed with a report and recommendations made to the general assembly on or about February 1, 2001. All departments and agencies of the state shall furnish such advice and information, documentation and otherwise to said study and its agents as is deemed necessary or desirable by the study to facilitate the purposes of this article.

SECTION 3. This article shall take effect upon passage.


ARTICLE 29 SUBSTITUTE A

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF ADMINISTRATION

SECTION 1. Section 42-11-2 of the General Laws in Chapter 42-11 entitled "Department of Administration" is hereby amended to read as follows:

42-11-2. Powers and duties of department. -- The department of administration shall have the following powers and duties:

(a) To prepare a budget for the several state departments and agencies, subject to the direction and supervision of the governor;

(b) To administer the budget for all state departments and agencies, except as specifically exempted by law;

(c) To devise, formulate, promulgate, supervise, and control accounting systems, procedures, and methods for the state departments and agencies, conforming to such accounting standards and methods as are prescribed by law;

(d) To purchase or to contract for the supplies, materials, articles, equipment, printing, and services needed by state departments and agencies, except as specifically exempted by law;

(e) To prescribe standard specifications for those purchases and contracts and to enforce compliance with specifications;

(f) To supervise and control the advertising for bids and awards for state purchases;

(g) To regulate the requisitioning and storage of purchased items, the disposal of surplus and salvage, and the transfer to or between state departments and agencies of needed supplies, equipment, and materials;

(h) To maintain, equip, and keep in repair the state house, state office building, and other premises owned or rented by the state for the use of any department or agency, excepting those buildings, the control of which is vested by law in some other agency;

(i) To provide for the periodic inspection, appraisal or inventory of all state buildings and property, real and personal;

(j) To require reports from state agencies on the buildings and property in their custody;

(k) To issue regulations to govern the protection and custody of the property of the state;

(l) To assign office and storage space and to rent and lease land and buildings for the use of the several state departments and agencies in the manner provided by law;

(m) To control and supervise the acquisition, operation, maintenance, repair, and replacement of state-owned motor vehicles by state agencies;

(n) To maintain and operate central duplicating and mailing service for the several state departments and agencies;

(o) To furnish the several departments and agencies of the state with other essential office services;

(p) To survey and examine the administration and operation of the state departments and agencies, submitting to the governor proposals to secure greater administrative efficiency and economy, to minimize the duplication of activities, and to effect a better organization and consolidation of functions among state agencies;

(q) To assess and collect all taxes levied by the state by virtue of the various laws of the state;

(r) To analyze, evaluate, and appraise the tax system of the state, and to make recommendations for its revision in accordance with the best interests of the economy of the state;

(s) To operate a merit system of personnel administration and personnel management as defined in section 36-3-3 in connection with the conditions of employment in all state departments and agencies within the classified service;

(t) To assign or reassign, with the approval of the governor, any functions, duties, or powers established by this chapter to any agency within the department;

(u) To establish, maintain, and operate a data processing center or centers, approve the acquisition and use of electronic data processing services by state agencies, furnish staff assistance in methods, systems and programming work to other state agencies, and arrange for and effect the centralization and consolidation of punch card and electronic data processing equipment and services in order to obtain maximum utilization and efficiency;

(v) To devise, formulate, promulgate, supervise, and control a comprehensive and coordinated statewide information system designed to improve the data base used in the management of public resources, to consult and advise with other state departments and agencies and municipalities to assure appropriate and full participation in this system, and to encourage the participation of the various municipalities of this state in this system by providing technical or other appropriate assistance toward establishing, within those municipalities, compatible information systems in order to obtain the maximum effectiveness in the management of public resources;

(1) The comprehensive and coordinated statewide information system may include a Rhode Island geographic information system of land-related economic, physical, cultural and natural resources.

(2) In order to ensure the continuity of the maintenance and functions of the geographic information system, the general assembly may annually appropriate such sum as it may deem necessary to the department of administration for its support.

(w) To administer a statewide planning program including planning assistance to the state departments and agencies;

(x) To administer a statewide program of photography and photographic services;

(y) To negotiate with public or private educational institutions in the state, in cooperation with the department of health, for state support of medical education;

(z) To promote the expansion of markets for recovered material and to maximize their return to productive economic use through the purchase of materials and supplies with recycled content by the state of Rhode Island to the fullest extent practically feasible;

(aa) To approve costs as provided in section 23-19-32; and

(bb) To provide all necessary civil service tests for child protective investigators and social workers at least twice each year and to maintain an adequate hiring list for these positions at all times.

(cc) To prepare a report every three (3) months by all current property leases or rentals by any state or quasi-state agency to include the following information:

(1) Name of lessor;

(2) Description of the lease (purpose, physical characteristics, and location);

(3) Cost of the lease;

(4) Amount paid to date;

(5) Date initiated;

(6) Date covered by the lease.

(dd) To provide by December 31, 1995 the availability of automatic direct deposit to any recipient of a state benefit payment, provided that the agency responsible for making that payment generates one thousand (1,000) or more such payments each month.

(ee) To operate a division of motor vehicles. The division will be responsible for activities assigned to it by law, including but not limited to, motor vehicle registration, testing and licensing of motor vehicle operators, inspection of motor vehicles, and enforcement of laws relating to the issuance, suspension and revocation of motor vehicle registrations and drivers' licenses. The division shall administer the financial responsibility law. The chief of the division shall use the title and designation "administrator" on all licenses, registrations, orders of suspensions, financial responsibility notices or orders, or any other official documents issued or promulgated by the division.

(ff) To operate the Rhode Island division of sheriffs as provided in section 42-11-21.

SECTION 2. Chapter 42-11 of the General Laws entitled "Department of Administration" is hereby amended by adding thereto the following section:

42-11-21. Division of sheriffs. -- (a) A division of sheriffs is hereby established within the department of administration. This division shall be responsible for statewide activities assigned by law which relate to the duties and functions of the sheriffs of the several counties. The division also shall be responsible for all statewide activities assigned by law which relate to the duties and functions of state marshals. Among its other responsibilities, the division shall also be responsible for courtroom security and cellblocks in all state courthouses, training of personnel, transportation of individuals charged with crimes, and special operations.

(b) Powers and duties. (1) The division of sheriffs shall have the following powers and duties:

(i) to provide and maintain security for judges at all state courts;

(ii) to provide and maintain security in all courtrooms and other public areas within state courthouses;

(iii) to provide and maintain security in the cellblocks in all state courts, and exercise all powers as required and prescribed in all other provisions of the general laws and public laws relating to the powers and duties of sheriffs.

(2) The division of sheriffs shall also have the following powers and duties previously performed by the Rhode Island marshals:

(i) to be responsible for transportation statewide of prisoners to and from police departments, the Adult Correctional Institution, all courthouses, and other places of detention;

(ii) to transport persons arrested by state and local police departments to places of detention; provided, however, nothing herein shall prevent state and local police departments from transporting such persons;

(iii) to supervise the conduct of and maintain order and discipline of the prisoners in their custody;

(iv) to be responsible for the custody and safety of prisoners while being transported to and from court sessions, places of detention, and outside hospitals prior to commitment to the Adult Correctional Institution;

(v) to be responsible for the custody and security of prisoners detained in the cellblock areas in the Kent County Courthouse and Providence County Superior Courthouse and for the security of these prisoners during the hearing of their cases, and while in outside hospitals prior to commitment to the Adult Correctional Institution;

(vi) to be responsible for the safety and welfare of prisoners in their custody;

(vii) to provide all security in connection with transportation in the execution of extraditions, including, but not limited to, warrants, IAD (Interstate Agreement on Detainers), arrest affidavits, interstate compact extradition, and criminal detainers; and

(viii) to carry firearms as prescribed.

(c) Administration and organization. The director of the department of administration shall appoint with the consent of the governor an administrator, an executive high sheriff, and sheriffs and chief deputy sheriffs for the division of sheriffs, each to be appointed to a ten (10) year term. The sheriffs and chief deputy sheriffs shall be appointed to each of the counties. The director of the department of administration shall appoint deputy sheriffs and other necessary classifications, subject to the appropriation process, to provide assistance in the areas of courthouse and cellblock security, transportation of prisoners, staff training and special operations. Special operations include, but shall not be limited to, transportation of high risk inmates, extraditions, the execution of criminal warrants, prosecution and mutual aid to the police departments of the cities and towns. This special operations unit initially will be comprised of personnel transferred from the Rhode Island State Marshals. All employees in the division of sheriffs shall be in the unclassified service.

(d) Transfer determinations. The director of administration, with the approval of the governor, subject to the appropriation process, shall make the determination of the number of positions, personnel, property, allocations and other funds of the sheriffs of the several counties and the department of corrections which shall be transferred to the department of administration.

In order to ensure continuity of the functions provided by sheriffs and marshals, the actual transfer of functions or any part thereof may be postponed by the director until such time as the director deems appropriate; provided, however, the transfer of functions shall be completed within three (3) years.

SECTION 3. Sections 42-29-1 and 42-29-2 of the General Laws in Chapter 42-29 entitled "Sheriffs" are hereby amended to read as follows:

42-29-1. Appointment -- Powers and duties - Removal. -- (a) There shall be a sheriff for each county, each of whom shall be appointed by the governor and shall hold office for a period of ten (10) years, and there shall be a deputy high sheriff for Providence County, who shall also be appointed by the governor for a term of ten (10) years; provided, however the sheriffs and the deputy high sheriff for Providence County in office on February 1, 1981 shall hold office without further appointment for a period of ten (10) years from June 1, 1981, and until a successor is appointed and qualified. The director of the department of administration shall appoint with the consent of the governor an administrator to a ten (10) year term to be in charge of the division of sheriffs within the department of administration. The director of the department of administration shall also appoint with the consent of the governor an executive high sheriff to a ten (10) year term to assist the administrator. The director of the department of administration shall also appoint to each of the counties with the consent of the governor the sheriffs and the chief deputy sheriffs to ten (10) year terms.. The director of the department of administration shall appoint deputy sheriffs and other necessary classifications, subject to the appropriations process. Sheriffs, chief deputy sheriffs and deputy sheriffs shall be subject to the supervision of the administrator who may assign tasks and functions in order to ensure the proper management of the sheriffs division. Any deputy sheriff hired after July 1, 2001 must successfully complete the sheriff academy and any courses deemed necessary at the municipal police training academy prior to assuming the duties of a deputy sheriff. Furthermore, the administrator in conjunction with the personnel administrator shall be responsible for promulgating written class specifications with necessary minimum qualifications defined therein. The sheriffs of the several counties and the deputy high sheriff for Providence county who are in office as of February 1, 2001 shall continue to hold office until their present term expires.

(b) The sheriffs of the several counties and the deputies appointed and/or promoted by the sheriffs, with the approval of the governor, The administrator, assisted by the executive high sheriff, the sheriffs, the chief deputy sheriffs, and the deputy sheriffs shall perform all the duties required and exercise all the powers prescribed in this chapter; chapter 15 of title 5; chapters 5 and 10 of title 9; chapters 5, 10 and 14 of title 10; chapters 8, 31, 34, 36 and 44 of title 11; chapters 4, 5 and 6 of title 12; chapter 22 of title 17; chapters 4 and 6 of title 22; chapter 2 of title 28; chapter 6 of title 35; chapter 8 of title 37; and all other provisions of the general laws and public laws insofar as those powers and duties relate to the sheriffs of the several counties and as required and prescribed in all other provisions of the general laws and public laws relating to the powers and duties of the sheriffs of the several counties. Sheriffs and deputies can be removed for just cause by their appointing authority.

(c) All resources of the sheriffs and of the several counties shall be transferred to the division of sheriffs within the department of administration. These resources include, but are not limited to, all positions, property, accounts and other funding pertinent thereto.

SECTION 4. Sections 42-29-2 and 42-29-4 of the General Laws in Chapter 42-29 entitled "Sheriffs" are hereby repealed.

42-29-2. Residence -- Resignation from General Assembly. -- No person shall be eligible to the office of sheriff who shall not, at the time of his or her appointment, be an inhabitant of the county for which he or she shall be appointed, and any member of the general assembly appointed to the office of shall before qualifying for the office, file with the town or city clerk, or the board of canvassers, of the town or city in which he or she has a legal residence, written notice of his or her resignation as a member of the general assembly.

42-29-4. Appointment of deputies -- Every sheriff may appoint as many deputies, being inhabitants of the county and not being members of the general assembly, as he or she may deem necessary for his or her assistance in the due performance of the duties of his or her office.

SECTION 5. Sections 42-56-3, 42-56-4 and 42-56-36 of the General Laws in Chapter 42-56 entitled "Corrections Department" are hereby amended to read as follows:

42-56-3. Transfer of functions from the department of human services. -- There are transferred to the director of the department of corrections:

(1) All of the functions of the division of correctional services formerly of the department of human services, including the administration of interstate compacts and all other officers, employees, agencies, advisory councils, committees, or commissions of the division of correctional services.

(2) Those functions of the department of social and rehabilitative services which were administered through or with respect to the division of correctional services to include generally and specifically, the correctional institutions, the probation services, and other similar functions.

(3) So much of other functions or parts of functions of the director of the department of human services as is incidental to or necessary for the performance of the functions transferred by this section.

(4) All of the functions and duties of the committing squad formerly of the sheriff's departments of the various counties of the state, who shall be designated as "Rhode Island state marshals"; senior committing officers shall be known as senior deputy marshals; all other committing officers shall be known as deputy marshals.

(5) All of the functions and duties of the Rhode Island state marshals are as follows:

(i) To be responsible for the custody and safety of prisoners when transporting them to and from court sessions;

(ii) To supervise the conduct of, and maintain order and discipline among prisoners;

(iii) To have custody of prisoners while detained in a courthouse, and during the court's hearing of their cases;

(iv) To transport prisoners from the courts to the designated place of detention;

(v) Upon the request of the director of corrections, or his or her designee, to transport prisoners to and from medical facilities as are necessary and proper to render treatment to those prisoners;

(vi) Upon the request of the director of corrections, or his or her designee, to transport and escort prisoners while on furlough as required in accordance with the provisions of section 42-56-18;

(vii) To be responsible for the safety and welfare of prisoners in custody;

(viii) To carry firearms as prescribed; and

(ix) The members of the Rhode Island state marshals shall have the powers of sheriffs and deputy sheriffs.

42-56-4. Organization of department. -- All of the functions, services, and duties of the department of corrections shall be organized by the director with the approval of the governor according to the following divisions:

(1) Institutions/operations shall include, but not necessarily be limited to, the administration generally and specifically of the state's correctional institutions, the Rhode Island state marshals, and other similar or appropriate functions as determined by the director with the approval of the governor.

(2) Administration shall include, but not necessarily be limited to, the administration generally and specifically of all central management, financial, personnel, and budgetary functions, the provisions of central technical services and other services concerned with the business and servicing operations of the department, planning and research, management information systems, human resources, training, and labor relations, and those other similar or appropriate functions that are determined by the director with the approval of the governor.

(3) Rehabilitative services shall include industries, health services, intermediary sanctions (including, but not limited to, half-way houses, day reporting centers, home confinement, probation, parole, restitution, and community service) and work release, and any other programs of intermediate punishments established pursuant to the provisions of section 12-19-23.2.

(4) Notwithstanding any law to the contrary, all of the functions, services, and duties of the department of corrections may be, from time to time, reorganized by the director with the approval of the governor.

42-56-36. Transfer of powers and functions from department of corrections. - (a) There are hereby transferred to the department of administration:

(1) Those functions of the department of corrections which were administered through or with respect to departmental programs in the performance of strategic planning as defined in section 42-11-10(c);

(2) All officers, employees, agencies, advisory councils, committees, commissions, and task forces of the department of corrections who were performing strategic planning functions as defined in section 42-11-10(c); and

(3) So much of other functions or parts of functions and employees and resources, physical and funded, of the director of corrections as are incidental to and necessary for the performance of the functions transferred by subdivisions (1) and, (2) and (4) of this section.; and

(4) Those functions and duties of the department of corrections which were administered through or with respect to departmental programs relating to the Rhode Island state marshals. The department of corrections shall transfer to the department of administration all resources, including positions, property, and accounts, and other funding pertinent thereto, that are presently allocated to the state marshals.

(b) The functions and duties of the Rhode Island state marshals that are transferred to the division of sheriffs within the department of administration consist of the following:

(1) to be responsible for transportation statewide of prisoners, to and from police departments, the Adult Correctional Institutes, all courthouses, and other places of detention;

(2) to transport persons arrested by state and local police departments to places of detention; provided, however, nothing herein shall prevent state and local police departments from transporting such persons;

(3) to supervise the conduct of and maintain order and discipline of the prisoners in their custody;

(4) to be responsible for the custody and safety of prisoners while being transported to and from court sessions, places of detention, and outside hospitals prior to commitment to the Adult Correctional Institutes;

(5) to be responsible for the custody and security of prisoners detained in the cellblock areas in the Kent County Courthouse and Providence County Superior Courthouse and for the security of these prisoners during the hearing of their cases, and while in outside hospitals prior to commitment to the Adult Correctional Institutes;

(6) to be responsible for the safety and welfare of prisoners in their custody;

(7) to provide all security in connection with transportation in the execution of extraditions, including, but not limited to, warrants, IAD (Interstate Agreement on Detainers), arrest affidavits, interstate compact extradition, and criminal detainers; and

(8) to carry firearms as prescribed.

SECTION 6. Section 45-19-1 of the General Laws in Chapter 45-19 entitled "Relief of Injured and Deceased Fire Fighters and Police Officers" is hereby amended to read as follows:

45-19-1. Salary payment during line of duty illness or injury. -- (a) Whenever any police officer, fire fighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal of any city, town, fire district, or the state of Rhode Island is wholly or partially incapacitated by reason of injuries received or sickness contracted in the performance of his or her duties, the respective city, town, or fire district, or state of Rhode Island by which the police officer, fire fighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, is employed, shall, during the period of the incapacity, pay the police officer, fire fighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, the salary or wage and benefits to which the police officer, fire fighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, would be entitled had he or she not been incapacitated, and shall pay the medical, surgical, dental, optical, or other attendance, or treatment, nurses, and hospital services, medicines, crutches, and apparatus for the necessary period, except that if any city, town, fire district, or the state of Rhode Island provides the police officer, fire fighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, with insurance coverage for the related treatment, services, or equipment, then the city, town, fire district, or the state of Rhode Island is only obligated to pay the difference between the maximum amount allowable under the insurance coverage and the actual cost of the treatment, service, or equipment. In addition, the cities, towns, fire districts, or the state of Rhode Island shall pay all similar expenses incurred by a member who has been placed on a disability pension and suffers a recurrence of the injury or illness that dictated his or her disability retirement.

(b) As used in this section, "police officer" means and includes any chief or other member of the police department of any city or town regularly employed at a fixed salary or wage and any executive high sheriff, sheriff or deputy sheriff.

(c) As used in this section, "fire fighter" means and includes any chief or other member of the fire department or rescue personnel of any city, town, or fire district, and any person employed as a member of the fire department of the town of North Smithfield, or fire department or district in any city or town.

(d) As used in this section, "crash rescue crewperson" means and includes any chief or other member of the emergency crash rescue section, division of airports, or department of transportation of the state of Rhode Island regularly employed at a fixed salary or wage.

(e) As used in this section, "fire marshal," "chief deputy fire marshal", and "deputy fire marshal" mean and include the fire marshal, chief deputy fire marshal, and deputy fire marshals regularly employed by the state of Rhode Island pursuant to the provisions of chapter 28.2 of title 23.

SECTION 7. Section 42-28.1-6 of the General Laws in Chapter 42-28.1 entitled "Municipal Police - Incentive Pay" is hereby amended to read as follows:

42-28.1-6. Payments. -- (a) Each of the chiefs of the various agencies shall supply to the chief of training, division of personnel, on or before the first day of September of each year, a list of all members of their respective agencies who have received incentive credits. The chief shall certify the amount of incentive pay for each city and town, and the state controller is hereby authorized and directed to draw his or her orders on the general treasurer for payment to the chief of the sums to be certified to be distributed by him or her to the several city and town treasurers for payment to the eligible police officers; provided, however, that if the appropriation in any fiscal year is not sufficient to pay in full the total amount which is eligible to be distributed during the fiscal year, the maximum amounts which the eligible police officers are eligible to receive shall be ratably reduced to the level of the appropriation. The state shall not be responsible for payment of any of the "eligible expenses" as defined in section 42-28.1-5 but these except for payment of the eligible expenses of deputy sheriffs. Payment of all other expenses shall be the exclusive responsibility of the respective city or town.

(b) Individual incentive payments shall remain fixed at the dollar amount obtained by the incentive point score attained as of September 1, 1978, and will not increase until the additional required incentive points have been earned.

(c) No participant in this program shall receive an incentive award in an amount less than the amount he or she received in the fiscal year ending June 30, 1979.

(d) Those who are participants in this program as of September 1, 1978, and who do not have a degree nor are enrolled in a degree program, must enroll in a degree program by January 1, 1980, in order to be eligible for the incentive award payments.

SECTION 8. Section 42-28.6-1 of the General Laws in Chapter 42-28.6 entitled "Law Enforcement Officers' Bill of Rights" is hereby amended to read as follows:

42-28.6-1. Definitions -- Payment of legal fees -- As used in this chapter, the following words have the meanings indicated:

(A) "Law enforcement officer" shall mean any permanently employed city or town police officer, state police officer, or permanent law enforcement officer of the department of natural resources, or Rhode Island state marshall, however this shall not include the chief of police and/or the highest ranking sworn officer of any of the departments.

(B) (1) "Hearing committee" means a committee which is authorized to hold a hearing on a complaint against a law enforcement officer and which consists of three (3) active or retired law enforcement officers from within the state of Rhode Island, other than chiefs of police, who have had no part in the investigation or interrogation of the law enforcement officer. The committee shall be composed of three (3) members; one member selected by the chief or the highest ranking officer of the law enforcement agency, one member selected by the aggrieved law enforcement officer and the third member shall be selected by the other two (2) members. In the event that the other two (2) members are unable to agree within five (5) days, then either member will make application to the presiding justice of the superior court and the presiding justice shall appoint the third member who shall be an active law enforcement officer. Upon written application by a majority of the hearing committee, the presiding justice, in his or her discretion, may also appoint legal counsel to assist the hearing committee.

(2) The law enforcement agency and the law enforcement officer under investigation shall each be responsible to pay fifty percent (50%) of the legal fee of the appointed legal counsel for the hearing committee; provided, however, that on motion made by either party, the presiding justice shall have the authority to make a different disposition as to what each party is required to pay toward the appointed legal counsel's legal fee.

(C) "Hearing" means any meeting in the course of an investigatory proceeding, other than an interrogation at which no testimony is taken under oath, conducted by a hearing committee for the purpose of taking or adducing testimony or receiving evidence.

SECTION 9. Section 36-4-2 of the General Laws in Chapter 36-4 entitled "Merit System" is hereby amended to read as follows:

36-4-2. Positions in unclassified service -- The classified service shall comprise all positions in the state service now existing or hereinafter established, except the following specific positions which with other positions heretofore or hereinafter specifically exempted by legislative act shall constitute the unclassified service:

(1) Officers and legislators elected by popular vote and persons appointed to fill vacancies in elective offices.

(2) Employees of both houses of the general assembly.

(3) Officers, secretaries, and employees of the office of the governor, office of the lieutenant governor, department of state, department of the attorney general, and the treasury department.

(4) Members of boards and commissions appointed by the governor, members of the state board of elections and the appointees of the board, members of the commission for human rights and the employees of the commission, and directors of departments.

(5) The following specific offices:

(i) In the department of administration: director, chief information officer;

(ii) In the department of business regulation: director;

(iii) In the department of elementary and secondary education: commissioner of elementary and secondary education;

(iv) In the department of higher education: commissioner of higher education;

(v) In the department of health: director;

(vi) In the department of labor and training: director, administrative assistant, administrator of the labor board and legal counsel to the labor board;

(vii) In the department of environmental management: director;

(viii) In the department of transportation: director;

(ix) In the department of human services: director;

(x) In the state properties committee: secretary;

(xi) In the workers' compensation court: judges, administrator, deputy administrator, clerk, assistant clerk, clerk secretary;

(xii) In the department of elderly affairs: director;

(xiii) In the department of mental health, retardation, and hospitals: director;

(xiv) In the department of corrections: director, assistant director (institutions/operations), assistant director (rehabilitative services), assistant director (administration), and wardens;

(xv) In the department of children, youth and families: director, one assistant director, one associate director, and one executive director;

(xvi) In the public utilities commission: public utilities administrator;

(xvii) In the water resources board: general manager.

(6) Chief of the hoisting engineers, licensing division, and his or her employees; executive director of the veterans memorial building and his or her clerical employees.

(7) One confidential stenographic secretary for each director of a department and each board and commission appointed by the governor.

(8) Special counsel, special prosecutors, regular and special assistants appointed by the attorney general, the public defender and employees of his or her office, and members of the Rhode Island bar occupying a position in the state service as legal counsel to any appointing authority.

(9) The academic and/or commercial teaching staffs of all state institution schools, with the exception of those institutions under the jurisdiction of the board of regents for elementary and secondary education and the board of governors for higher education.

(10) Members of the military or naval forces, when entering or while engaged in the military or naval service.

(11) Judges, referees, receivers, clerks, assistant clerks, and clerical assistants of the supreme, superior, family, and district courts, the traffic tribunal, jurors and any persons appointed by any court.

(12) Election officials and employees.

(13) Administrator, executive high sheriff, Ssheriffs, chief deputy sheriffs, deputy sheriffs, and their other employees of the sheriff's division within the department of administration and security officers of the traffic tribunal.

(14) Patient or inmate help in state charitable, penal, and correctional institutions and religious instructors of these institutions and student nurses in training, residents in psychiatry in training, and clinical clerks in temporary training at the institute of mental health within the state of Rhode Island medical center.

(15) (i) Persons employed to make or conduct a temporary and special inquiry, investigation, project or examination on behalf of the legislature or a committee therefor, or on behalf of any other agency of the state if the inclusion of these persons in the unclassified service is approved by the personnel administrator. The personnel administrator shall notify the house fiscal advisor and the senate fiscal advisor whenever he or she approves the inclusion of a person in the unclassified service.

(ii) The duration of the appointment of a person, other than the persons enumerated in this section, shall not exceed ninety (90) days or until presented to the unclassified pay plan board. The unclassified pay plan board may extend the appointment another ninety (90) days. In no event shall the appointment extend beyond one hundred eighty (180) days.

(16) Members of the division of state police.

(17) Executive secretary of the Blackstone Valley district commission.

(18) Artist and curator of state owned art objects.

(19) Mental health advocate.

(20) Child advocate.

(21) The position of aquaculture coordinator within the coastal resources management council.

SECTION 10. Election. Upon passage of this act, the state labor relations board shall conduct an election wherein any incumbent labor organizations representing the deputy marshals and deputy sheriffs shall be placed on a ballot for the purpose of selecting the exclusive bargaining representative, if any.

SECTION 11. Pay increases that directly result from the consolidation of sheriffs and marshals within the department of administration shall be phased in over a three (3) year period based upon a plan developed by the director of the department of administration which must be approved by the unclassified pay plan board.

SECTION 12. Upon passage of this act the Rhode Island State Deputy Marshals shall become members of the division of sheriffs. All time served and accrued seniority and rank within any classification in the Rhode Island State Marshals shall be applied to the appropriate classifications within the division of sheriffs.

SECTION 13. This article shall take effect upon passage.


ARTICLE 30 SUBSTITUTE A

RELATING TO EFFECTIVE DATE

SECTION 1. This act shall take effect July 1, 2001, except as otherwise provided herein.

In articles where it is provided that the effective date shall be either "July 1, 2001" or "upon passage", and no provision is made for retroactive or prospective application, the effective date shall be July 1, 2001, and if the act is enacted after July 1, 2001, then the article shall be retroactive to July 1, 2001.

In articles where it is provided that the effective date shall be either "July 1, 2001" or "upon passage" and provision is made with the article for retroactive or prospective application, the article shall take effect on July 1, 2001 and its application made retroactive or prospective as set forth in the article.

SECTION 2. This act shall take effect upon passage.


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