Chapter 376
<BILL_NO>2003 -- H 6174
SUBSTITUTE A AS
AMENDED
Enacted
07/15/03
</SUB>
A N A C T
RELATING TO MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2004
|
Introduced By: Representatives Watson, Callahan, Mumford, Moffitt, and Trillo |
|
Date Introduced: March 11, 2003 |
It is enacted
by the General Assembly as follows:
ARTICLE 1 RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2004
ARTICLE 2 RELATING TO COMPENSATION OF BOARD MEMBERS
ARTICLE 3 RELATING TO BORROWING IN ANTICIPATION OF TAXES
ARTICLE 4 RELATING TO DEPOSITORS ECONOMIC PROTECTION
CORPORATION – SINKING FUND
ARTICLE 5 RELATING TO CAPITAL DEVELOPMENT PROGRAM
ARTICLE 6 RELATING TO PUBLIC UTILITIES METERING DEVICES
ARTICLE 7 RELATING TO BUSINESS CORPORATION TAX
ARTICLE 8 RELATING TO SUPERIOR COURT FEES
ARTICLE 9 RELATING TO EDUCATION AID
ARTICLE 10 RELATING TO VIDEO LOTTERY TERMINALS
ARTICLE 11 RELATING TO LICENSING OF HEALTH CARE FACILITIES
ARTICLE 12 RELATING TO HUMAN SERVICES-FAMILY INDEPENDENCE ACT
ARTICLE 13 RELATING TO MOTOR VEHICLE AND TRAILER EXCISE TAX
ARTICLE 14 RELATING TO ENVIRONMENTAL MANAGEMENT
ARTICLE 15 RELATING TO PUBLIC UTILITIES & CARRIERS – DUTIES OF UTILITIES AND CARRIERS
ARTICLE 16 RELATING TO STATE AID
ARTICLE 17 RELATING TO LICENSING OF CHILD CARE PROVIDERS
ARTICLE 18 RELATING TO GENERAL PUBLIC ASSISTANCE
ARTICLE 19 RELATING TO HOSPITAL UNCOMPENSATED CARE
ARTICLE 20 RELATING TO FISH AND WILDLIFE -- LICENSING
ARTICLE 21 RELATING TO SPECIAL PROGRAM FOR CARE OF SEVERELY DISABLED ELDERLY RESIDENTS WHO NEED NURSING FACILITY SERVICES
ARTICLE 22 RELATING TO MEDICAL ASSISTANCE – RITE CARE
ARTICLE 23 RELATING TO REAL ESTATE LICENSES AND FEES
ARTICLE 24 RELATING TO SECURITIES REGISTRATION FEES
ARTICLE 25 RELATING TO RETIREMENT SYSTEM ADMINISTRATION
ARTICLE 26 RELATING TO MEDICAL ASSISTANCE – RATES OF REIMBURSEMENT
FOR HOSPITAL EMERGENCY ROOM PHYSICIAN SERVICES
ARTICLE 27 RELATING TO A JOINT LEGISLATIVE COMMISSION TO STUDY THE IMPLEMENTATION OF A FUNDING INDEX FOR PRIVATE COMMUNITY-BASED PROVIDERS OPERATING PURSUANT TO CONTRACTS WITH THE STATE OF RHODE ISLAND
ARTICLE 28 RELATING TO MOTOR FUEL TAX
ARTICLE 29 RELATING TO SHARE BASED FEES
ARTICLE 30 RELATING TO THE SELECT COMMISSION ON RACE AND POLICE-COMMUNITY RELATIONS ACT
ARTICLE 31 RELATING TO STATE ARCHIVES
ARTICLE 32 RELATING TO TEMPORARY DISABILITY INSURANCE REFUNDS
ARTICLE 33 RELATING TO UNCLAIMED INTANGIBLE AND TANGIBLE PROPERTY
ARTICLE 34 RELATING TO HEALTH – FACILITY LICENSING
ARTICLE 35 RELATING TO PUBLIC UTILITIES AND CARRIERS – REGULATORY POWERS OF ADMINISTRATION
ARTICLE 36 RELATING TO JOINT RESOLUTION ON HIGHER EDUCATION FACILITIES
ARTICLE 37 RELATING TO A TAX STUDY COMMISSION AND AN EDUCATION FUNDING STUDY COMMISSION
ARTICLE 38 RELATING TO STATE AID – A STATEWIDE STUDY OF TAX TREATIES AND EXEMPTIONS
ARTICLE 39 RELATING TO STATE AFFAIRS AND GOVERNMENT
ARTICLE 40 RELATING TO PUBLIC UTILITIES AND CARRIERS
ARTICLE 41 RELATING TO MEDICAL ASSISTANCE
ARTICLE 42 RELATING TO REVISED APPROPRIATIONS
ARTICLE 43 RELATING TO STATE BUDGET
ARTICLE 44 RELATING TO THE RHODE ISLAND VETERANS’ HOME
ARTICLE 45 RELATING TO CREDIT CARDS
ARTICLE 46 RELATING TO EFFECTIVE DATE
ARTICLE 1
MAKING
APPROPRIATIONS FOR THE SUPPORT OF FY 2004
ARTICLE 1
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, 2004. 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 2,131,791
Federal Funds 298,986
Total - Central Management 2,430,777
Accounts and Control
General Revenues
General Revenues 9,272,646
RI-SAIL 430,751
Total - Accounts and Control 9,703,397
Budgeting General Revenues 2,304,799
Municipal Affairs
General Revenues 1,253,325
Federal Funds 7,572,738
Total - Municipal Affairs 8,826,063
Purchasing General Revenues 1,916,327
Auditing General Revenues 1,677,216
Human Resources General Revenues 6,804,969
Personnel Appeal Board General Revenues 116,182
Taxation
General Revenues 17,233,778
Federal Funds 801,461
Restricted Receipts 1,360,843
Other Funds
Motor Fuel Tax Evasion Program
56,488
Temporary Disability Insurance 572,322
Total - Taxation 20,024,892
Registry of Motor
Vehicles
General Revenues 15,248,702
Digital License System 292,355
Federal Funds 434,530
Restricted Receipts 14,358
Total
- Registry of Motor Vehicles 15,989,945
Child Support
Enforcement
General Revenues 3,294,395
Federal Funds 6,533,864
Total - Child Support
Enforcement 9,828,259
Central Services
General Revenues
General Revenues 14,291,837
Energy Office Grants 356,407
Federal Funds 19,886,658
Restricted Receipts 1,067,887
Other Funds-Lighting Conservation 661,278
Total - Central Services 36,264,067
Office of Library and
Information Services
General Revenues 3,430,001
Federal Funds 1,361,156
Restricted Receipts 5,000
Other Funds
Federal Highway - PL Systems
Planning 981,700
Federal Highway - T2 Systems
Planning 129,550
Air Quality Modeling 20,283
Total - Office of Library and
Information Services 5,927,690
General
General Revenues
Information
Processing Overhead 480,000
Property
Tax Relief Credit 6,000,000
Rhode
Island Sports Foundation 367,500
Shepard
Building Operating/ Parking 1,970,331
Miscellaneous
Grants 2,147,154
Torts
- Court Awards 400,000
Asset Inventory Project 150,000
Contingency
Fund 1,500,000
Economic
Development Corporation 6,485,687
Office
of City and Town Development - EDC 500,000
Centers
for Excellence 4,000,000
Economic
Policy Council 300,000
Housing
Resource Commission 3,257,789
Neighborhood
Opportunities Program 5,000,000
Motor
Vehicle Excise Tax Payments 104,337,885
Property
Revaluation 2,228,320
General
Revenue Sharing Program 51,426,063
Payment
in Lieu of Tax Exempt Properties 21,716,117
Distressed
Communities Relief Program 7,533,333
Resource
Sharing and State Library Aid 7,586,860
Construction
Aid 2,537,200
Restricted Receipts 1,196,000
Federal Funds 298,050
Other Funds
RICAP - State House
Terrace/South Stairs 50,000
RICAP - Chapin Health Laboratory 250,000
RICAP - Cranston Street Armory 500,000
RICAP - Cannon Building 222,000
RICAP - Old State House 325,000
RICAP - State Office Building 250,000
RICAP - Veterans' Auditorium
Office Building 200,000
RICAP - State Information
Operations Center 200,000
RICAP - Court Buildings - HVAC 250,000
RICAP - Washington County
Government Center 268,000
RICAP - William Powers
Building 45,000
RICAP - State House
Renovations - Phase II 400,000
RICAP - State House
Renovations - Phase III 230,000
RICAP - Powers Building
Technology Infrastructure 300,000
RICAP - Environmental
Compliance 750,000
RICAP - Fox Point Hurricane
Barrier 50,000
RICAP - Bio-Tech Training
Laboratory 300,000
Total - General 236,008,289
Debt Service Payments
General Revenues 84,998,150
Federal Funds 1,276,256
Restricted Receipts
RIRBA
- DLT - Job Development Fund 45,709
RIRBA
- DLT - Rapid Reemployment 48,105
COPS
- Center General Furniture - WC 38,218
COPS
- DLT Building - WC 223,888
COPS
- DLT Building - Job Development Fund 66,560
COPS
- Pastore Center Telecommunications - JDF 3,350
COPS
- Pastore Center General Furniture 11,362
COPS
- Pastore Center Telecommunications - WC 11,270
Investment
Receipts - TANS 1,420,594
Convention
Center Excess DS Rental Payment 3,623,549
Other Funds
MHRH Community Services
Program 10,067,200
MHRH Community Mental Health
Program 2,273,266
DEM - Narragansett Bay
Commission 3,333,356
DEM - Wastewater Treatment 1,930,951
RIPTA Debt Service 431,190
Transportation Debt Service 31,784,914
RIRBA - DLT - Temporary
Disability Insurance 45,586
COPS - DLT Building - TDI 346,100
COPS - Center General -
Furniture - TDI 59,079
COPS - Pastore Center
Telecommunications - TDI 17,421
COPS - DLT Building - Reed Act 31,296
COPS - Center General -
Furniture - Reed Act 5,342
COPS - Pastore Center
Telecommunications - Reed Act 1,575
Debt - URI Education and
General 1,088,999
Debt
- URI Housing Loan Funds 1,751,951
Debt - URI Dining Services 266,889
Debt - URI Health Services 126,218
Debt - W. Alton Jones Services 112,766
Debt - URI Memorial Union 98,277
Debt
- URI Sponsored Research (Indirect Cost) 101,334
Debt - RIC Education and
General 296,614
Debt - RIC Housing 568,191
Debt - RIC Student Center and
Dining 177,951
Debt - RIC Student Union 217,171
Debt - CCRI Bookstore 177,092
Total - Debt Service Payments 147,077,740
Division of Sheriffs General Revenues 14,016,893
Grand Total - Department of
Administration 518,917,505
Business Regulation
Central Management General Revenues 1,645,971
Banking Regulation General Revenues 1,627,501
Securities Regulation General Revenues 799,456
Commercial Licensing
and Regulation
General Revenues 1,167,196
Restricted Receipts 100,000
Total – Commercial Licensing 1,267,196
Racing and Athletics General Revenues 718,056
Insurance Regulation
General Revenues 3,598,012
Restricted Receipts 501,063
Total
- Insurance Regulation 4,099,075
Board of Accountancy General Revenues 124,713
Grand
Total - Business Regulation 10,281,968
Department of Labor
and Training
Central Management
General Revenues 352,820
Restricted Receipts 753,585
Total – Central Management 1,106,405
Workforce Development
Services
General Revenues 1,400,000
Federal Funds 14,883,220
Restricted Receipts 11,617,450
Other Funds
Reed Act - Rapid Job Entry 1,725,758
Reed Act - Woonsocket Network
Office Renovations 250,000
Reed Act - Workforce
Development 2,016,254
Of the $360.6 million
appropriated from other funds, $4.0 million is hereby appropriated from Reed
Act Funds. Of the $4.0 million amount,
$1.7 million may be used solely for the Rapid Job Entry Program to engage
welfare recipients in employment preparation and placement through employment Assessment
Workshop and Job Club/Job Search Workshop Activities, $250,000 may be used
solely for netWORKri Office renovations, and $2.0 million may be used solely
for the administration of this state's employment compensation law and public
employment offices.
Total - Workforce Development
Services 31,892,682
Workforce Regulation
and Safety
General Revenues 2,872,587
Income Support
General Revenues 2,899,417
Federal Funds 16,931,269
Restricted Receipts 1,947,928
Other Funds
Temporary Disability Insurance
Fund 177,671,368
Employment Security Fund 178,800,000
Reed Act – Administrative
Costs 54, 179
Provided that the 54,179 in Reed Act
funds may be used solely for administration of the state’s unemployment
insurance program.
Total - Income Support 378,304,161
Injured Workers
Services Restricted
Receipts 10,784,725
Labor Relations Board General Revenues 390,989
Grand
Total - Labor and Training 425,351,549
Legislature
General Revenues 27,326,547
Restricted Receipts 884,303
Other Funds 1,500,000
Grand Total - Legislature 29,710,850
Lieutenant Governor General Revenues 860,138
State
Administration General Revenues 1,180,127
Corporations General Revenues 1,785,231
State Archives
General Revenues 97,823
Restricted Receipts 553,511
Total - State Archives 651,334
Elections
General Revenues 363,039
Federal Funds
8,260,870
Total – Elections 8,623,909
State Library General Revenues 680,008
Office of Public
Information
General Revenues 519,461
Grand Total - State 13,440,070
General Treasurer
Treasury
General Revenues 2,550,213
Federal Funds 237,678
Restricted Receipts 10,000
Other Funds - Temporary Disability
Insurance Fund 246,428
Total - Treasury 3,044,319
State Retirement
System
Other Funds
Admin Expenses - State
Retirement System 4,900,120
Retirement - Treasury
Investment Operations 631,877
Total - State Retirement
System 5,531,997
Unclaimed Property Restricted Receipts 19,117,523
RI Refunding Bond
Authority
General Revenues 79,996
Crime Victim
Compensation Program
General Revenues 215,080
Federal Funds 1,288,052
Restricted Receipts 1,602,187
Total - Crime Victim
Compensation Program 3,105,319
Grand Total - General
Treasurer 30,879,154
Boards for Design
Professionals General Revenues 391,338
Board of Elections
General Revenues 1,365,467
Federal Funds 941,000
Grand Total - Board of
Elections 2,306,467
Rhode Island Ethics
Commission
General Revenues 942,594
Office of Governor General Revenues 4,277,878
Public Utilities
Commission
General Revenues 693,237
Federal Funds 70,277
Restricted Receipts 5,123,672
Grand Total - Public Utilities
Commission 5,887,186
Rhode Island
Commission on Women General Revenues 143,393
Children, Youth, and
Families
Central Management
General Revenues 7,688,399
Federal Funds 4,421,705
Total - Central Management 12,110,104
Children's Behavioral
Health Services
General Revenues 19,349,256
Federal Funds 24,713,707
Total - Children's Behavioral Health Services
44,062,963
Juvenile Correctional
Services
General Revenues 26,659,023
Federal Funds 3,054,386
Restricted Receipts 700,000
Total - Juvenile Correctional
Services 30,413,409
Child Welfare
General Revenues 82,413,103
Federal Funds 64,043,814
Restricted Receipts 1,311,220
Other Funds - NAFI Center 25,000
Total - Child Welfare 147,793,137
Higher Education
Incentive Grant General Revenues 200,000
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 2004 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 234,579,613
Elderly Affairs
General Revenues
General Revenues 13,604,788
RIPAE 14,089,607
Safety and Care of the Elderly 600
Federal Funds 9,884,630
Other Funds - Intermodal Surface
Transportation Fund 4,720,000
Grand Total - Elderly Affairs 42,299,625
Health
Central Management
General Revenues 2,646,349
Federal Funds 4,365,589
Restricted Receipts 2,045,538
Other Funds - Trauma Registry 1,091
Total - Central Management 9,058,567
State Medical Examiner General Revenues 1,810,305
Family Health
General Revenues 8,636,010
Federal Funds 36,651,070
Restricted Receipts 5,728,390
Total - Family Health 51,015,470
Health Services
Regulation
General Revenues 4,487,878
Federal Funds 3,547,076
Restricted Receipts 447,268
Total - Health Services
Regulation 8,482,222
Environmental Health
General Revenues 4,384,145
Federal Funds 3,189,667
Restricted Receipts 1,475,101
Total - Environmental Health 9,048,913
Health Laboratories
General Revenues 6,179,326
Federal Funds 1,620,239
Total - Health Laboratories 7,799,565
Disease Prevention and
Control
General Revenues 5,948,337
Federal Funds 14,847,566
Restricted Receipts 934,482
Other Funds - Child Safety Program 72,335
Total - Disease Prevention and
Control 21,802,720
Grand Total - Health 109,017,762
Human Services
Central Management
General Revenues 6,473,722
Federal Funds 4,371,706
Restricted Receipts - Indirect Cost
Recovery 2,287,939
Total - Central Management 13,133,367
Individual and Family
Support
General Revenues 20,137,036
Federal Funds 52,464,116
Restricted Receipts - Vending Stand Proceeds 68,161
Other Funds
RICAP - Forand Building Exterior Repairs 928,723
RICAP – Benjamin Rush Phase I (Parking) 187,000
Total - Individual and Family
Support 73,785,036
Veterans' Affairs
General Revenues 16,340,861
Federal Funds 5,523,149
Restricted Receipts 1,948,507
Grand Total - Veterans'
Affairs 23,812,517
Health Care Quality,
Financing and Purchasing
General Revenues 23,746,254
Federal Funds 39,200,479
Restricted Receipts 1,038,201
Total - Health Care Quality,
Financing and Purchasing 63,984,934
Medical Benefits
General Revenues
Hospitals 95,448,116
Nursing Facilities 119,535,895
Managed Care 127,668,494
Special Education 17,047,692
Other 90,038,516
Federal Funds
Hospitals 123,813,833
Nursing Facilities 165,942,040
Managed Care 188,931,382
Special Education 24,352,308
Other 129,008,518
Restricted Receipts 15,000
Total - Medical Benefits 1,081,801,794
Supplemental Security
Income Program General Revenues 26,824,008
Family Independence
Program
General Revenues
Child Care 58,797,451
TANF/Family Independence
Program 18,242,741
Federal Funds
83,084,408
Total - Family Independence
Program 160,124,600
State Funded Programs
General Revenues
General Public Assistance 2,929,132
Citizenship Participation
Program 45,000
Federal Funds 68,556,460
Total - State Funded Programs 71,530,592
Grand Total - Human Services 1,514,996,848
Mental Health,
Retardation, and Hospitals
Central Management General Revenues 2,260,725
Hospital and Community
System Support
General Revenues 20,075,397
Other Funds
RICAP - Utilities Upgrade 300,000
RICAP - Medical Center
Rehabilitation 400,000
RICAP - Utility Systems -
Water Tanks and Pipes 250,000
RICAP - Central Power Plant
Rehabilitation 500,000
RICAP - Pastore Center Sewer
Improvement 500,000
Total - Hospital and Community
System Support 22,025,397
Services for the
Developmentally Disabled
General Revenues 94,583,493
Federal Funds 131,677,435
Other Funds - RICAP - DD State Owned
Group Homes 200,000
Total - Services for the
Developmentally Disabled 226,460,928
Integrated Mental
Health Services
General Revenues 31,506,079
33,660,790
Federal Funds 34,855,717
Total - Integrated Mental
Health Services 66,361,796
68,516,507
Hospital and Community
Rehabilitation Services
General Revenues 44,647,530
Federal Funds 56,796,999
Other Funds - RICAP - Zambarano
Buildings and Utilities 300,000
Total - Hospital and Community
Rehabilitation Services 101,744,529
Substance Abuse
General Revenues 14,339,975
Federal Funds 14,535,572
Restricted Receipts 75,000
Other Funds - RICAP - Asset Protection 100,000
Total - Substance Abuse 29,050,547
Grand Total - Mental Health,
Retardation, and Hospitals 450,058,633
Office of the Child
Advocate
General Revenues 414,844
Federal Funds 48,000
Grand Total - Child Advocate 462,844
Commission on the Deaf
and Hard of Hearing General Revenues 285,014
RI Developmental
Disabilities Council Federal Funds 548,888
Governor's Commission
on Disabilities
General Revenues 534,430
Federal Funds 147,040
Restricted Receipts 50,818
Other Funds - RICAP - Facility
Renovation - Handicap Access 500,000
Grand Total - Governor's
Commission on Disabilities 1,232,288
Commission for Human
Rights
General Revenues 895,306
Federal Funds 270,822
Grand Total - Commission for
Human Rights 1,166,128
Mental Health Advocate
General
Revenues 317,656
Elementary and
Secondary Education
State Aid
General Revenues 617,153,303
Federal Funds 1,256,890
Total - State Aid 618,410,193
School Housing Aid General Revenues 40,747,193
Teacher's Retirement General Revenues 45,448,832
RI School for the Deaf
General Revenues 5,631,171
Federal Funds 1,213,428
Other funds - RICAP - School for the
Deaf - Physical Ed. Fac. 200,000
Total - RI School for the Deaf 7,044,599
Central Falls School
District
General Revenues 35,635,332
Davies Career and
Technical School
General Revenues 11,329,692
Federal Funds 1,031,444
Restricted Receipts 101,089
Other Funds - RICAP - Davies Roof
Repair 225,000
Total - Davies Career and
Technical School 12,687,225
Metropolitan Career
and Technical School General Revenues 5,750,000
Program Operations
General Revenues 14,873,548
Federal Funds 164,739,660
Restricted Receipts 1,030,412
Other Funds
RICAP - East Providence
Vocational HVAC 300,580
RICAP - State-Owned Schools -
Fire Alarm Systems 93,480
Total - Program Operations 181,037,680
Transportation Study General Revenues 10,000
The Department of Elementary and
Secondary Education shall conduct a study of the feasibility of a statewide
busing contract including the transportation of students to and from charter
schools, special education programs, and regional schools. The study shall
include the collection and analysis of data received from each school district
pursuant to this section which shall include the origin and destination of any
pupil attending a school, including a public school, vocational school, special
education program provided in accordance with regulations of the Board of
Regents for Elementary and Secondary Education, a regional school established
under the provisions of section 16-3-1 et seq., as authorized by section
16.3.1-1 et seq., or a nonpublic nonprofit school for grades kindergarten
through (12), consolidated, regionalized, or otherwise established to serve
residents of a specific area within the state for any of the grades of
kindergarten through twelve (12).
The results of the study shall be
submitted to the General Assembly by November 1, 2003 with copies to the
President of the Senate, the Speaker of the House, the Chairperson of the
Senate Finance Committee, the Chairperson of the House Finance Committee, the
Senate Fiscal Advisor and the House Fiscal Advisor.
Grand Total - Elementary and
Secondary Education 946,771,054
Board of Governors
General Revenues 172,088,777
Federal Funds 3,021,462
Other Funds
University and College Funds 398,848,671
RICAP - Asset Protection/Roofs 8,770,000
RICAP - Biological Science
Center 300,000
RICAP - Alger Hall 1,500,000
RICAP - DCYF Facilities 1,795,046
Grand Total - Board of
Governors 586,323,956
RI State Council on
the Arts
General Revenues
Operating Support 467,951
Grants 1,846,272
Federal Funds 696,006
Restricted Receipts 200,000
Grand Total - RI State Council
on the Arts 3,210,229
RI Atomic Energy
Commission
General Revenues 646,012
Federal Funds 325,000
Other Funds
URI Sponsored Research 153,626
Grand Total - RI Atomic Energy
Commission 1,124,638
RI Higher Education
Assistance Authority
General Revenue
Needs Based Grants and Work
Opportunities 9,933,030
Authority Operations and Other
Grants 1,126,632
Federal Funds 7,322,593
Other Funds Tuition Savings Program -
Administration 4,062,797
Grand Total - RI Higher
Education Assistance Authority 22,445,052
RI Historical
Preservation and Heritage Commission
General Revenues 1,074,360
Federal Funds 534,534
Restricted Receipts 251,800
Grand Total - RI Historical
Pres.and Heritage Comm. 1,860,694
RI Public
Telecommunications Authority
General Revenues 1,196,530
Federal Funds
555,601
Other Funds
Corporation for Public Broadcasting 691,249
RICAP – Digital Conversion 2,300,000
Grand Total - RI Public Telecommunications Authority 4,743,380
Attorney General
Criminal
General Revenues 10,652,958
Federal Funds 1,372,107
Restricted Receipts 183,722
Total - Criminal 12,208,787
Civil
General Revenues 3,388,226
Federal Funds 66,529
Restricted Receipts 447,017
Total - Civil 3,901,772
Bureau of Criminal
Identification General Revenues 715,765
General General Revenues 1,810,149
Grand
Total - Attorney General 18,636,473
Corrections
Central Management General Revenues 9,603,293
Parole Board General Revenues 999,141
Institutional
Corrections
General Revenues 117,627,236
Federal Funds 7,647,967
Restricted Receipts 2,737,500
Other Funds
RICAP - Perimeter/Security
Upgrades 200,000
RICAP - Fire Code Safety
Improvements 200,000
RICAP - High Security Fire
Alarm HVAC 169,000
RICAP - Security Camera
Installation 525,000
RICAP - Dix Expansion 554,000
RICAP - Reintegration Center
State Match 353,892
RICAP - General Renovations -
Maximum 244,000
RICAP - General Renovations -
Women's 500,000
RICAP - Women's Bath Renovations 561,000
RICAP - Food Plant Roof 264,500
Total - Institutional
Corrections 131,584,095
Community Corrections
General Revenues 11,847,743
Federal Funds 1,813,402
Total - Community Corrections 13,661,145
Grand Total - Corrections 155,847,674
Judiciary
Supreme Court
General Revenues
General Revenues 21,937,094
Defense of Indigents 1,950,000
Federal Funds 163,687
Restricted Receipts 888,521
Other Funds
RICAP - Murray Judicial
Complex-Int Refurbishment 198,000
RICAP - Garrahy Judicial
Complex – Lighting/Ceiling 15,000
RICAP - Fogarty Annex -
Interior/Exterior 67,500
RICAP - Licht Judicial Complex
- Foundation 10,000
RICAP- Licht Judicial Complex
- Roof Study 25,000
Total - Supreme Court 25,254,802
Superior Court
General Revenues 16,681,473
Federal Funds 164,420
Total
- Superior Court 16,845,893
Family Court
General Revenues 12,621,565
Federal Funds 2,950,069
Restricted Receipts 148,100
Total - Family Court 15,719,734
District Court General Revenues 7,923,671
Traffic Tribunal General Revenues 6,219,918
Workers' Compensation
Court
Restricted Receipts 6,009,169
Justice Link Program
General Revenues 434,040
Federal Funds 471,540
Total
- Justice Link Program 905,580
Grand Total - Judiciary 78,878,767
Military Staff
National Guard
General Revenues 1,677,623
Federal Funds 7,908,381
Other Funds
RICAP - Bristol Armory
Rehabilitation 100,000
RICAP - Benefit St. Arsenal
Rehabilitation 130,000
RICAP - Schofield Armory
Rehabilitation 20,000
RICAP - Warren Armory 175,000
RICAP - US Property &
Finance Office - HVAC 45,000
RICAP - Warwick Armory Boiler 25,000
RICAP - Army Aviation Support
Facility 25,000
RICAP - North Smithfield Armory 41,250
RICAP – AMC -Roof Replacement 100,000
RICAP - CSMS/ Armory
Construction 376,250
Total - National Guard 10,623,504
Emergency Management
General Revenues 1,119,097
Federal Funds 26,885,967
Restricted Receipts 128,157
Total - Emergency Management 28,133,221
Grand Total - Military Staff 38,756,725
E-911 Emergency
Telephone System General Revenues 4,365,704
Fire Safety Code Board
of Appeal and Review General Revenues 235,469
State Fire Marshal
General Revenues 1,739,123
Federal Funds 285,530
Grand Total - State Fire
Marshall 2,024,653
Commission on Judicial
Tenure and Discipline General Revenues 113,455
Rhode Island Justice
Commission
General Revenues 163,492
Federal Funds 5,700,884
Restricted Receipts 90,000
Grand Total - Rhode Island
Justice Commission 5,954,376
Municipal Police
Training Academy
General Revenues 356,387
Federal Funds 35,000
Grand Total - Municipal Police
Training Academy 391,387
State Police
General Revenues 40,575,638
Federal Funds 1,299,900
Restricted Receipts 223,468
Other Funds
RICAP - Barracks and Training
Headquarters 325,000
RICAP - Headquarters
Repairs/Renovations 107,337
Traffic Enforcement -
Municipal Training 150,000
Lottery Commission Assistance 123,809
Road Construction
Reimbursement 1,499,175
Grand Total - State Police 44,304,327
Office of Public
Defender
General Revenues 6,567,522
Federal Funds 441,822
Grand Total - Office of Public
Defender 7,009,344
Environmental
Management
Policy and
Administration
General Revenues 8,194,611
Federal Funds 2,939,219
Restricted Receipts 3,065,657
Other Funds
DOT Recreational Projects 21,031
Blackstone Bikepath Design 1,244,288
RICAP - Dam Repair 1,264,000
Total - Policy and
Administration 16,728,806
Natural Resources
General Revenues 15,053,323
Federal Funds 13,667,841
Restricted Receipts 3,676,844
Other Funds
RICAP - Fort Adams
Rehabilitation 250,000
RICAP - Recreational
Facilities Improvement 650,000
RICAP - Wickford Marine
Facility 50,000
RICAP - Galilee Piers 1,200,000
RICAP - Boyd's Marsh Habitat
Restoration 330,000
Total - Natural Resources 34,878,008
Environmental
Protection
General Revenues 7,769,300
Federal Funds 8,566,154
Restricted Receipts 3,305,322
RIPDES Program 0
General Revenue $662,540
Federal Funds $180,000
Total - Environmental
Protection 20,483,316
Grand Total - Department of
Environmental Management 72,090,130
Coastal Resources
Management Council
General Revenues 1,421,021
Notwithstanding the provisions of
section 35-3-15 of the general laws of chapter 35-3 entitled “State Budget”,
all unexpended, encumbered and unencumbered balances from the computerized
database management system of the appropriation in general revenues for the
Coastal Resources Management Council at the end of the fiscal year 2003 shall
be reappropriated in the ensuing fiscal year and made immediately available for
the purposes for which they were originally appropriated.
Federal Funds 1,466,000
Restricted Receipts 4,500,000
Other Funds - RICAP - South Coast
Restoration Project 968,267
Grand Total - Coastal
Resources Management Council 8,355,288
State Water Resources
Board
General Revenues 940,992
Restricted Receipts 984,000
Other Funds - RICAP - Big River
Management Area 80,000
Grand Total - Water Resources
Board 2,004,992
Transportation
Central Management
Federal Funds 9,222,128
Other Funds - Gasoline Tax 3,263,692
Total - Central Management 12,485,820
Management and Budget Other Funds -
Gasoline Tax 2,065,834
Infrastructure
Maintenance
Other Funds - Gasoline Tax 39,177,943
Infrastructure -
Engineering
Federal Funds 188,009,292
Restricted Receipts 36,407,911
Other Funds
Gasoline Tax 53,608,993
Land Sale Revenue 4,000,000
State Infrastructure Bank 1,000,000
Total - Infrastructure -
Engineering 283,026,196
Grand Total - Transportation 336,755,793
Statewide Totals
General Revenues 2,783,776,459
Federal Funds 1,837,498,843
Restricted Receipts 144,636,954
Other Funds 974,646,693
Statewide Grand Total 5,740,558,949
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 sued 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 section 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 the Temporary
Disability Insurance Reserve Fund for the fiscal year ending June 30, 2004.
SECTION
8. Appropriation of the 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, 2004.
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, 2004 payable
out of the University and College Funds.
SECTION
10.
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 non-general revenue thirty 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 Office of Higher Education Sponsored
Research—Federal.
Provided,
however, that the Governor or designee, Speaker of the House of Representatives
or designee, and the President of the Senate or designee 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 President of
the Senate. 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 1,261.2
Business Regulation 109.0
Labor and Training 536.7
Legislature 280.0
Lieutenant Governor 10.0
State 59.0
General Treasurer 84.5
Boards for Design Professionals 4.0
Board of Elections 15.0
Rhode Island Ethics Commission 9.0
Office of Governor 47.5
Public Utilities Commission 45.0
Rhode Island Commission on Women 2.0
Children, Youth, and Families 849.8
Elderly Affairs 52.6
Health 502.9
Human Services 1,058.6
Mental Health, Retardation, and Hospitals 2,021.7
Office of the Child Advocate 5.8
Commission on the Deaf and Hard of Hearing 3.0
RI Developmental Disabilities Council 2.0
Governor's Commission on Disabilities 6.6
Commission for Human Rights 15.0
Mental Health Advocate 3.7
Elementary and Secondary Education 326.7
Higher Education ‑ Board of Governors 3,472.1
Rhode Island State Council on the Arts 7.0
RI Atomic Energy Commission 8.6
Higher Education Assistance Authority 45.6
Historical Preservation and Heritage Commission 17.6
Public Telecommunications Authority 22.0
Attorney General 228.5
Corrections 1,522.0
Judiciary 734.5
Military Staff 93.0
E-911 Emergency Telephone System 50.6
Fire Safety Code Bd. of Appeal and Review 3.0
RI State Fire Marshal 27.0
Commission on Judicial Tenure and Discipline 1.0
Rhode Island Justice Commission 9.0
Municipal Police Training Academy 4.0
State Police 257.0
Office of Public Defender 86.2
Environmental
Management 539.7
Coastal Resources Management Council 28.0
State Water Resources Board 9.0
Transportation 812.7
Total 15,289.4
SECTION
11. The amounts reflected in this Article include the
appropriation of Rhode Island Capital Plan funds for fiscal year 2004 and
supersede appropriations provided for FY 2004 within Section 12 of Article 1 of
Chapter 65 of the P.L. of 2002.
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, 2005, June 30, 2006, June 30, 2007 and June 30,
2008. These amounts supersede
appropriations provided within Section 12 of Article 1 of Chapter 65 of the
P.L. 2002. 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.
Fiscal Yr. End. Fiscal Yr. End. Fiscal Yr. End. Fiscal Yr.End.
June 30, 2005 June 30, 2006 June 30, 2007 June 30, 2008
Project
Legislative Office Bldg. 5,062,500 6,750,000 1,687,500 -
State-Owned Facilities –
Fire Alarm Systems 100,000 100,000 - -
URI Residence Halls
Modernization/Renovation 6,000,000 8,000,000 6,000,000
CCRI Newport Campus 1,544,000 -
Channel 36 Digital
Conversion 1,200,000 - - -
Reintegration Center 253,247 - -
-
Women’s Plumbing/
Bathroom Renovations 446,700 - -
-
Armory of Mounted Commands
Slate Roof/HVAC 500,000 600,000 600,000 900,000
North Smithfield Armory 41,250 - - -
Schofield Armory Exterior 100,000 120,000 - -
Armory Aviation Support
Facility 50,000 - - -
Combined Support
Maintenance Shop 6,250 93,750 - - -
Combined Support Maint.
Shop and Armory 376,250 - - -
USPFO HVAC 65,000 - -
-
Wickford Marine
Facilities 200,000 200,000 - -
State-Owned Dams –
Repairs 1,650,000 2,200,000 850,000 750,000
Boyd’s Marsh Habitat
Restoration 100,000 - - -
SECTION
12. Reappropriation of Funding for Rhode Island
Capital Plan Fund Projects. – Any unexpected funds from Rhode Island Capital
Plan Fund project appropriations shall be reappropriated in the ensuing fiscal
year and made available for the same purpose.
SECTION 13. This article shall take effect on July 1, 2003.
ARTICLE 2
RELATING TO COMPENSATION OF BOARD MEMBERS
SECTION 1. For the fiscal year ending June 30, 2004, 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)
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
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 27-7-14.2 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 28-5-11 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 section 28-30-22 of the general laws.
SECTION 3. This article shall take effect as of July 1, 2003.
ARTICLE 3
Relating To Borrowing in Anticipation of Taxes
SECTION 1. The State of Rhode Island is hereby authorized to borrow during its fiscal year ending June 30, 2004, in anticipation of receipts from taxes such sum or sums, at such time or times and upon such terms and conditions not inconsistent with the provisions and limitations of Section 17 of Article VI of the constitution of Rhode Island, as the general treasurer, with the advise of the Governor, shall deem for the best interests of the state, provided that the amounts so borrowed shall not exceed two hundred million dollars ($200,000,000) dollars, at any time outstanding. The state is hereby further authorized to give its promissory note or notes signed by the general treasurer and counter-signed by the secretary of state for the payment of any sum so borrowed. Any such proceeds shall be invested by the general treasurer until such time as they are needed. The interest income earned from such investments shall be used to pay the interest on the promissory note or notes, and any expense of issuing the promissory note or notes, with the balance remaining at the end of said fiscal year, if any, shall be used toward the payment of long-term debt service of the state, unless prohibited by federal law or regulation.
Notwithstanding any other authority to the contrary, duly authorized bonds or notes of the state issued during the fiscal year ending June 30, 2004 may be issued in the form of commercial paper, so-called. In connection herewith, the state, acting through the general treasurer, may enter into agreements with banks, trust companies or other financial institutions within or outside the state, whether in the form of letters or lines of credit, liquidity facilities, insurance or other support arrangements. Any notes issued as commercial paper shall be in such amounts and bear such terms as the general treasurer, with the advice of the governor, shall determine, which may include provisions for prepayment at any time with or without premium at the option of the state. Such notes may be sold at a premium or discount, and may bear interest or not and, if interest bearing, may bear interest at such rate or rates variable from time to time as determined by the Federal Reserve Bank Composite Index of Commercial Paper, or the Municipal Market Data General Market Index or other similar commercial paper offerings, or other method specified in any agreement with brokers for the placement or marketing of any such notes issued as commercial paper, or other like agreements. Any such agreement may also include such other covenants and provisions for protecting the rights, security and remedies of the lenders as may, in the discretion of the general treasurer, be reasonable, legal and proper. The general treasurer may also enter into agreements with brokers for the placement or marketing of any such notes of the state issued as commercial paper. Any notes to the state issued as commercial paper in anticipation of receipts from taxes in any fiscal year must also be issued in accordance with the provisions of Section 17 of Article VI of the constitution of Rhode Island and within the limitations set forth in Section 1 of this act.
SECTION 2. This article shall take effect as of July 1, 2003.
ARTICLE 4
RELATING TO DEPOSITORS ECONOMIC PROTECTION CORPORATION – 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 section 35-8-6.2 in the 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 section 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 years 2001,
2002, and 2003, and 2004 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 the
prior fiscal year.
SECTION
2. 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, forty-six million seven hundred thousand dollars ($46,700,000) fifty
million one hundred thousand dollars ($50,100,000) of corporation proceeds
from all sources when made available by the corporation shall be paid to
the general fund on a quarterly basis. All additional corporate proceeds shall
be paid to the sinking fund on a quarterly basis.
SECTION 3. Section 42-116-2 of the General Laws in Chapter 42-116 entitled “Rhode Island Depositors Economic Protection Corporation” is hereby amended by adding thereto the following section:
42-116-25.2. Indemnification. – The state shall indemnify the tax
administrator and any of his/her agents for any recovery against the
administrator in his/her personal capacity arising out of any act or omission
occurring within the scope of the administrator's duties; provided that the act
or omission is not the result of fraud, willful misconduct, or malice.
SECTION
4. Article 5, Section 8, entitled "Sale of Bonds"
and Section 10, entitled "Investment of Moneys in Fund" of Chapter 55
of the Public Laws of 2000, as amended, are hereby amended as follows:
Section
8. For the fiscal years FY 2001, FY 2002, and FY 2003 and FY 2004,
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, FY 2002, and FY 2003 and FY 2004, all moneys in the capital development funds not
immediately required for payment pursuant to the provisions of this article 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 January 1, 2004 July 1, 2003.
ARTICLE 5
Relating To Capital Development Program
SECTION 1. 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, 2003 and are as follows:
Unissued
Amount
to be
Purpose Statutory Reference Extended Termination Date
Higher Education Facilities Ch. 100 – P.L. of 1996
$2,313,485 June 30, 2004
Quonset Point/Davisville Ch. 100 – P.L. of 1996 $15,185,000 June 30, 2006
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 2. This article shall take effect upon passage.
ARTICLE 6
Relating To Public Utilities Metering Devices
SECTION 1. Section 47-16-1 of the General Laws in Chapter 47-16 entitled “Public Utilities Metering Devices” is hereby amended to read as follows:
47-16-1. Testing of metering devices –
Forbidding use – Fee. -- The director administrator
of labor and training the division of public utilities and carriers
is hereby authorized and directed to conduct spot tests of all metering devices
used in the sale of electricity, water, or natural gas at least once a year,
and the number of metering devices checked each year shall be such as in the director’s
administrator's judgment is necessary to constitute a fair sampling
of metering devices in use to prevent fraud or deception in the use of the
devices, or to insure the accurate measurement of those commodities in any
sale. Any town or city sealer of weights, measures, and balances shall have
authority to condemn and forbid the use of any metering device for the sale of
electricity, water, or natural gas in his or her respective town or city, or
until the device has been duly tried and sealed, or until the metering device
has been equipped with such attachment, contrivance, or apparatus as will
insure the correct and proper functioning of the measuring device for the sale
of the electricity, water, or natural gas by accurate measurement.
SECTION 2. This article shall take effect as of July 1, 2003.
ARTICLE 7
relating to taxes
SECTION 1. Chapter 44-11 of the General Laws in Title 44 entitled “Business Corporation Tax” is hereby amended by adding thereto the following section:
44-11-14.6. Allocation and apportionment – Manufacturers.—(a)
Notwithstanding any other provision of the general laws, a taxpayer described
in subsection (a) of section 44-11-14 whose principal business is described in
sector 31, 32, or 33 of the North American Industry Classification System, as
adopted by the United States Office of Management and Budget and as revised
from time to time, may, in lieu of apportioning its net income to this state
based on the allocation fraction described in section 44-11-14(a), elect for
any year to apportion its net income to this state based on the following
allocation fraction:
(1) for the tax year beginning on or after January 1, 2004, but
before January 1, 2005, thirty percent (30%) of the property factor determined
pursuant to section 44-11-14(a)(1) (the “property factor”), thirty percent
(30%) of the payroll factor determined pursuant to section 44‑11‑14(a)(3)
(the “payroll factor”), and forty percent (40%) of the sales factor determined
pursuant to section 44-11-14(a)(2) (the “sales factor”);
(2) for tax years beginning on or after January 1, 2005, twenty-five percent (25%) of the property factor, twenty-five percent (25%) of the payroll factor and fifty percent (50%) of the sales factor.
SECTION 2. Section 44-30-2.6 of the
General Laws in Chapter 44-30 entitled "Personal Income Tax" is
hereby amended to read as follows:
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 [26 U.S.C. section 1 et seq.] as amended, not including the increase in the basic standard deduction amount for married couples filing joint returns as provided in the Jobs and Growth Tax Relief Reconciliation Act of 2003 and the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA), 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 without
allowing for the increased exemptions under the Jobs and Growth Tax Relief
Reconciliation Act of 2003 (as determined redetermined 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) Credits 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.
SECTION 3.
Section 44-61-1 of the General Laws in Chapter 44-61 entitled "Relating To
Depreciation of Assets and Net Operating Loss Deduction" is hereby amended
to read as follows:
44-61-1. Depreciation of assets. -- (a) For purposes of depreciation of assets under chapters 11, 14 and 30 of this title, the bonus depreciation provided by the Job Creation and Worker Assistance Act of 2002 (P.L. 107-147) [see 26 U.S.C. section 168] and the Jobs and Growth Tax Relief Reconciliation Act of 2003 for federal tax purposes shall not be allowed for Rhode Island tax purposes. In the year that those assets are placed in service and in all subsequent years, depreciation for Rhode Island tax purposes shall be allowed on those assets as it would have been computed prior to the enactment of the Job Creation and Worker Assistance Act of 2002.
(b) The gain resulting from any subsequent disposition of these asset(s) shall be computed using a basis consistent with the Rhode Island depreciation allowed under subsection (a) of this section.
SECTION 4.
Chapter 44-61 of the General Laws entitled
"Relating To Depreciation of Assets and Net Operating Loss
Deduction" is hereby amended by adding thereto the following section:
44-61-1.1. Expensing in lieu
of depreciation of assets. – (a) For purposes of expensing of assets under chapters 11, 14
and 30 of this title, the additional expensing of assets for federal tax
purposes under section 179 of the Internal Revenue Code provided by the Jobs
and Growth Tax Relief Reconciliation Act of 2003 shall not be allowed for Rhode
Island tax purposes. In the year that those assets are placed in service and in
all subsequent years, expenses and depreciation for Rhode Island tax purposes
shall be allowed on those assets as it would have been computed prior to the enactment
of the Jobs and Growth Tax Relief Reconciliation Act of 2003.
(b) The gain
resulting from any subsequent disposition of these asset(s) shall be computed
using a basis consistent with the Rhode Island expenses and depreciation
allowed under subsection (a) of this section.
SECTION 5.
Chapter 44-30 of the General Laws entitled
"Personal Income Tax" is hereby amended by adding thereto the
following section:
44-30-98. Refundable earned
income credit. –
A taxpayer shall be allowed a credit as provided in section 44-30-2.6(d)
provided; however, five percent (5%) of the excess Rhode Island earned income
credit will be refunded for the 2003 taxable year and each taxable year
thereafter.
SECTION 6.
Sections 44-20-12, 44-20-12.1 and 44-20-13 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 sixty-six (66) eighty-five
and one-half (85.5) mills for each cigarette. The tax shall further
increase by 9 mills for each cigarette on July 1, 2003 and shall further
increase by 5 mills for each cigarette on July 1, 2004 and each July 1
thereafter through July 1, 2008.
44-20-12.1. Floor stock tax on cigarettes and stamps. -- (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 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 years year 2003. through 2008. In
calendar years year 2003, through 2008, the tax
shall be measured by the number of cigarettes held by the person in this state
at 12:01 a.m. on each July 1 and is computed at the rate of 9 mills
for each cigarette on July 1, 2003 and is computed at the rate of 5 mills for
each cigarette on July 1, 2004, and each July 1 thereafter through July 1,
2008. nineteen and one-half
(19.5) mills for each cigarette on July 1, 2003.
(c) Each distributor
licensed to do business in this state pursuant to this chapter shall pay a tax
or excise to the state for the privilege of engaging in business during any
part of the calendar years 2002 through 2008. year 2003. The tax
is measured by the number of stamps, whether affixed or to be affixed to
packages of cigarettes, as required by section 44-20-28. In calendar year 2002
2003 the tax is measured by the number of stamps, as defined in
subsection 44-20-1(10), whether affixed or to be affixed, held by the
distributor at 12:01 a.m. on May 1, 2002 July 1, 2003 and is computed at the rate of 16 mills
nineteen and one-half (19.5) mills per cigarette in the package to which
the stamps are affixed or to be affixed. In calendar years 2003 through 2008
the tax shall be measured by the number of stamps, as defined in section
44-20-1(10), whether affixed or to be affixed, held by the distributor at 12:01
a.m. on each July 1, and is computed at the rate of 9 mills per cigarette in
the package to which the stamps are affixed or to be affixed on July 1, 2003,
and computed at the rate of 5 mills per cigarette in the package to which the
stamps are affixed or to be affixed on each July 1 thereafter through July 1,
2008.
(d) Each person subject to
the payment of the tax imposed by this section shall, on or before June 17,
2002, July 16, 2003, and each July 16 thereafter through July 16,
2008, 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 or stamps in that person's possession in this state at
12:01 a.m. on May 1, 2002, July 1, 2003, and each July 1
thereafter through July 1, 2008, 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.
(e) 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 sixty-six (66) eighty-five
and one-half (85.5) 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. The tax shall further increase by 9
mills for each cigarette on July 1, 2003 and shall further increase by 5 mills
for each cigarette on July 1, 2004, and each July 1 thereafter through July 1,
2008.
SECTION 7.
Section 44-59-10 of the General Laws in Chapter 44-59 entitled "Uniform
Sales And Use Tax Administration Act" is hereby amended to read as
follows:
44-59-10. Sunset provision. --
This chapter shall be repealed on June 30, 2003 2004, without
further action by the general assembly, if the statutory amendments to the
sales and use tax law necessary to bring this state into compliance with the
Streamlined Sales and Use Tax Agreement are not enacted by the general assembly
by June 30, 2003 2004.
SECTION 8. Chapter 44-1 of the General Laws entitled "State Tax Officials" is hereby amended by adding thereto the following section:
44-1-34. Tax Administrator to prepare list of
delinquent taxpayers – Notice -- Public inspection. -- (a)
Notwithstanding any other provision of law, the tax administrator, may, on a
quarterly basis, prepare a list of the one hundred (100) delinquent taxpayers
who owe the largest amount of state tax and whose taxes have been unpaid for a
period in excess of ninety (90) days following the date their tax was due. Any such list may contain the name and address
of each delinquent taxpayer, the type of tax levied, and the amount of the
delinquency, including interest and penalty, as of the end of the quarter. No
taxpayer shall be included on such list if the tax assessment in question is
the subject of appeal.
(b) The tax administrator shall not list any delinquent
taxpayer until such time as he/she gives the delinquent taxpayer thirty (30)
days notice of intent to publish the taxpayer’s delinquency. Said notice shall be sent to the taxpayer’s
last known address by regular and certified mail. If during said thirty (30) day period the taxpayer makes
satisfactory arrangement for payment of the delinquent tax, the name of such
taxpayer shall not be published as long as the taxpayer does not default on any
payment agreement entered into with the division of taxation.
(c) Any such list prepared by the tax division shall be
available to the public for inspection by any person and may be published by
the tax administrator on the tax division website.
SECTION 9.
Section 44-18-18.1 of the General Laws in Chapter 44-18 entitled "Sales
and Use Taxes - Liability and Computation" is hereby amended by adding
thereto the following section:
44-18-18.1 Local meals and beverage tax. – (a) There is
hereby levied and imposed, upon every purchaser of a meal and/or beverage, in addition to all other taxes and
fees now imposed by law, a local sales/use tax upon each and every meal and/or
beverage sold within the state of Rhode Island in or from an eating and/or
drinking establishment, whether prepared in the eating and/or drinking
establishment or not and whether consumed at the premises or not, at a rate of
one percent (1%) of the gross receipts. The tax shall be paid to the tax
administrator by the retailer at the time and in the manner provided.
(b)
All sums received by the division of taxation under this section as taxes,
penalties or forfeitures, interest, costs of suit and fines shall be
distributed at least quarterly, credited and paid by the state treasurer to the
city or town where the meals and beverages are delivered.
(c)
When used in this section, the following words have the following meanings:
(1)
“Beverage” means all nonalcoholic beverages, as well as alcoholic beverages,
beer, lager beer, ale, porter, wine, similar fermented malt or vinous liquor.
(2)
“Meal” means any prepared food or beverage offered or held out for sale by an
eating and/or drinking establishment for the purpose of being consumed by any
person to satisfy the appetite and which is ready for immediate consumption.
All such food and beverage, unless otherwise specifically exempted or excluded
herein shall be included, whether intended to be consumed on the seller’s
premises or elsewhere, whether designated as breakfast, lunch, snack, dinner,
supper or by some other name, and without regard to the manner, time or place
of service.
(3)
“Eating and/or drinking establishments” mean and include restaurants, bars,
taverns, lounges, cafeterias, lunch counters, drive-ins, roadside ice cream and
refreshment stands, fish and chip places, fried chicken places, pizzerias, food
and drink concessions, vending machines, or similar facilities in amusement
parks, bowling alleys, clubs, caterers, drive-in theatres, industrial plants,
race tracks, shore resorts or other locations, lunch carts, mobile canteens and
other similar vehicles, and other like places of business which furnish or
provide facilities for immediate consumption of food at tables, chairs or
counters or from trays, plates, cups or other tableware or in parking
facilities provided primarily for the use of patrons in consuming products
purchased at the location.
Ordinarily,
eating establishments do not mean and include food stores and supermarkets.
Retailers
selling prepared foods in bulk either in customer-furnished containers or in
the seller’s containers, for example “Soup and Sauce” establishments, are
deemed to be selling prepared foods ordinarily for immediate consumption and as
such are considered eating establishments.
This
local sales/use tax shall be administered and collected by the division of taxation
and unless provided to the contrary in this chapter, all of the administration,
collection, and other provisions of chapters 18 and 19 of this article apply.
SECTION 10.
Section 34-13-7 of the General Laws in Chapter 34-13 entitled "Recording
Of Instruments" is hereby amended to read as follows:
34-13-7. General recording fees. -- (a) The fees to the recording officers for recording the following described instruments relating to real estate shall be as follows:
Warranty deed $25.00
$80.00
Quitclaim deed 25.00
80.00
Deed of executor, administrator,
trustee, conservator, receiver
or commissioner 25.00
80.00
Mortgage 25.00
60.00
Partial release of mortgage 10.00
45.00
Assignment of mortgage 10.00
45.00
Foreclosure deed under power of sale
with affidavit 25.00
80.00
Lease 25.00
60.00
General assignment 10.00
45.00
Discharge of mortgage 10.00
45.00
Discharge of attachment or execution 4.00 45.00
Any other instrument not otherwise
expressly provided for by statute 10.00
45.00
Lien - Federal tax 4.00
7.25
Lien - Federal tax, discharge of 4.00
7.25
Maps, plats, surveys, drawings (not
attached to or a part of another
recordable instrument) 30.00
45.00
Bill of sale 25.00
45.00
Power of attorney 10.00
45.00
Lis pendens 10.00
80.00
(b) The recording officers shall be allowed to charge a rate of one dollar ($1.00) for each additional page or fraction over.
(c) Ten percent (10%) of the recording fees provided for in
this section shall be utilized by each city or town for the purposes of
document preservation and technological upgrades.
SECTION
11. Sections 3-7-3, 3-7-7, 3-7-7.1, 3-7-8, 3-7-11 and
3-7-13 of the General Laws in Chapter 3-7 entitled "Retail Licenses"
are hereby amended to read as follows:
3-7-3. Class A license -- Towns and cities of 10,000 or more. -- (a) In cities and towns having a population of ten thousand (10,000) or more inhabitants, a retailer's Class A license authorizes the holder to keep for sale and to sell, at the place described, beverages at retail and to deliver the beverages in a sealed package or container, which package or container shall not be opened nor its contents consumed on the premises where sold. The holder of a Class A license, if other than a person entitled to retail, compound, and dispense medicines and poisons, shall not on the licensed premises engage in any other business, keep for sale or sell any goods, wares, merchandise or any other article or thing except the beverages authorized under this license and nonalcoholic beverages. This provision shall not apply to the sale or selling of cigarettes, newspapers, cigars, cigarette lighters, gift bags, prepackaged peanuts, pretzels, chips, olives, onions, cherries, hot stuffed cherry peppers, Slim Jims and similar pre-packaged dried meat products, pickled eggs, popcorn, pre-packaged candy, styrofoam cooler and ice, nor to home bar accessories such as pourers, glasses, cork screws, stirrers, flasks, jiggers, wine racks, ice crushers, bottle openers, can openers and any other items of like nature which may, by suitable regulation of the director of business regulation, be authorized to be sold. This section shall not apply to promotional free goods which are subject to approval by the director. In the city of Newport this license may be issued to any person, firm or corporation who are owners of bona fide markets for the sale of alcoholic beverages in conjunction with and in addition to the sale of meats or groceries in those bona fide markets. A person, firm or corporation in that city may obtain a limited Class A license to sell beer, lager and ale on the same premises as other goods, wares, merchandise and articles are sold. No Class A license is granted for any premises unless the premises constitute a separate store, the entrance or entrances to which shall be exclusively from the street or streets or arcade. This provision shall not apply to any person, firm or corporation in the city of Newport who are owners of bona fide markets for the sale of alcoholic beverages in conjunction with and in addition to the sale of meats or groceries in those bona fide markets and as long as the market is owned and operated by the mother, father, son, daughter, brother or sister of the original licensee, but not otherwise.
(b) The premises shall
have opaque walls which shall completely partition and sever the premises from
any adjoining market, concession or business. This provision shall not be
construed to limit the powers of the department to issue licenses on condition
nor to make rules and regulations as provided. The annual fee for a Class A
license is five hundred one thousand dollars ($500) ($1,000)
prorated to the year ending December 1st in every calendar year.
(c) Any licenses issued under the provisions of this section prior to May 8, 1964 remains in full force and effect.
3-7-7. Class B license. -- (a) (1) A retailer's Class B license is issued only to a licensed bona fide tavern keeper or victualer whose tavern or victualing house may be open for business and regularly patronized at least from nine o'clock (9:00) a.m. to seven o'clock (7:00) p.m. provided no beverage is sold or served after one o'clock (1:00) a.m., nor before six o'clock (6:00) a.m. Local licensing boards may fix an earlier closing time within their jurisdiction, at their discretion. The East Greenwich town council may, in its discretion, issue full and limited Class B licenses which may not be transferred, but which shall revert to the town of East Greenwich if not renewed by the holder.
(2) The license authorizes the holder to keep for sale and sell beverages including beer in cans, at retail at the place described and to deliver them for consumption on the premises or place where sold, but only at tables or a lunch bar where food is served. It also authorizes the charging of a cover, minimum, or door charge. The amount of the cover, or minimum, or door charge is posted at the entrance of the establishments in a prominent place.
(3) Holders of licenses are not permitted to hold dances within the licensed premises, unless proper permits have been properly obtained from the local licensing authorities.
(4) Any holder of a Class
B license may, upon the approval of the local licensing board and for the
additional payment of two five hundred dollars ($200) ($500),
open for business at twelve o'clock (12:00) p.m. and on Fridays and Saturdays
and the night before legal state holidays may close at two o'clock (2:00) a.m.
All requests for a two o'clock (2:00) a.m. license shall be advertised by the
local licensing board in a newspaper having a circulation in the county where
the establishment applying for the license is located.
(5) A holder of a retailer's Class B license is allowed to erect signs advertising his or her business and products sold on the premises, including neon signs, and is allowed to light those signs during all lawful business hours, including Sundays and holidays.
(b) The annual license fee
for a tavern keeper shall be four hundred dollars ($400) to one two
thousand five hundred dollars ($1,500) ($2,000), and for a
victualer the license fee shall be four hundred dollars ($400) to one two
thousand dollars ($1,000) ($2,000). In towns with a population of
less than two thousand five hundred (2,500) inhabitants, as determined by the
last census taken under the authority of the United States or the state, the
fee for each retailer's Class B license shall be determined by the town
council, but shall in no case be less than three hundred dollars ($300)
annually. If the applicant requests it in his or her application, any
retailer's Class B license may be issued limiting the sale of beverages on the
licensed premises to malt and vinous beverages containing not more than twenty
percent (20%) alcohol by volume, and the fee for that limited Class B license
shall be two one thousand five hundred dollars ($200) ($1,500)
annually. The fee for any Class B license shall in each case be prorated to the
year ending December 1 in every calendar year.
3-7-7.1. Class B-H license. -- (a) A retailer's Class B-H license shall be issued only to a licensed hotel. The license authorizes the holder to keep for sale and sell beverages in containers of a minimum capacity of fifty milliliters (50 ml.) or one and seven tenths ounces (1.7 oz). The beverages shall be sold and served only in the room of a registered hotel guest. The beverages may be served in the hotel room at least from nine o'clock (9:00) a.m. to seven o'clock (7:00) p.m. No beverages shall be served in the hotel room after one o'clock (1:00) a.m., nor before six o'clock (6:00) a.m. The beverages may be sold only in the room of the registered hotel guest at any time.
(b) A Class B and B-H liquor license may be issued for the same licensed hotel, notwithstanding the provisions of section 3-5-9.
(c) The annual fee for
this license shall be one five hundred dollars ($100.00) ($500).
3-7-8. Class C license. -- (a) A retailer's Class C license authorizes the holder of the license to keep for sale and to sell beverages at retail at the place described in the license and to deliver those beverages for consumption on the premises where sold. No beverages shall be sold or served after twelve o'clock (12:00) midnight nor before six o'clock (6:00) a.m. Local license boards in the several cities and towns may fix an earlier closing time within their discretion. The license authorizes the holder to keep for sale and sell beverages, including beer in cans, at retail at the place described in the license and to deliver those beverages for consumption on the premises.
(b) The license authorizes
the holder to sell pre-packaged foods prepared off the premises with beverages
but prohibits the preparation and serving of foods cooked on the premises. The
holder of the license may serve with beverages and without charge popcorn,
crackers, bread, pretzels, sausage of any type, pickles, sardines, smoked
herring, lupino beans, and potato chips. No food shall be cooked on the
premises but pre-packaged foods prepared and cooked off the premises and
purchased by the holder from a supplier may be warmed and sold on the premises
in their original packaging, and all foods shall be covered in accordance with
the regulations of the state department of health. The annual fee for the
license is four hundred dollars ($400) to six eight hundred
dollars ($600) ($800), prorated to the year ending December 1 in
every calendar year.
(c) The town councils of the towns of Coventry and South Kingstown are authorized to prohibit by ordinance the issuance of Class C licenses. Upon prohibiting Class C licenses, the license board of the towns of Coventry and South Kingstown shall issue Class B licenses to the holder of all Class C licenses in those towns. The Class B licenses may be issued to the holders of Class C licenses notwithstanding any requirements of section 3-7-7. The holders of Class C licenses shall have the full privileges of a Class B license and shall pay the annual fee provided for Class B licenses.
(d) Notwithstanding any prohibitions on the preparation and serving of foods cooked on the premises contained in paragraph (b) herein, the holders of Class C licenses in the city of Newport are authorized to prepare and serve foods cooked on the premises. The holders of Class C licenses in the city of Newport shall be deemed to be victualling houses for purposes of section 3-8-1.
3-7-11. Class D license. -- A
retailer's Class D license shall be issued only to a club or to any corporation
organized prior to the year 1900 for purposes similar to those set forth in
chapter 6 of title 7, and which has held a Class D license for at least ten
(10) consecutive years prior to July 1, 1993, and authorizes the holder of the
license to keep for sale and to sell beverages at the place described at retail
and to deliver those beverages for consumption on the premises where sold. The
license authorizes the holder of the license to keep for sale and sell
beverages, including beer in cans, at retail at the place described and to
deliver those beverages for consumption on the premises. If a club is not the
owner or, for the period of two (2) years before the filing of its application
for a license, the lessee of the premises where its principal activities are
carried on or of kitchen and dining room equipment in the club premises
reasonably adequate to supply its members and guests with food, then the
license shall authorize the holder of the license to keep for sale and sell
malt and vinous beverages, but not beverages consisting in whole or in part of
alcohol produced by distillation. Notwithstanding the provisions of this
section, with the permission of the local authority, the licensee may supply
food and beverage to the public for consumption on the premises at times
determined by the holder of the license. The annual fee for the license to sell
beverages shall be not more than four eight hundred dollars ($400)
($800) and for the license to sell malt and vinous beverages only shall
be not more than two four hundred dollars ($200) ($400),
in each case prorated to the year ending December 1 in every calendar year
determined by each local municipality.
3-7-13. Class E license. -- A
retailer's Class E license authorizes a person entitled to retail, compound,
and dispense medicines and poisons to keep for sale and to sell at the place
described in the license, beverages not to exceed one quart each for medicinal
purposes and only upon the prescription of a licensed practicing physician. The
license shall not authorize the doing of any act in violation of any law of the
United States. The annual fee for the license is ten two hundred
dollars ($10.00) ($200).
SECTION 12.
Chapter 39-3 of the General Laws entitled
"Regulatory Powers of Administration" is hereby amended by
adding thereto the following section:
39-3-11.3. Providence water supply board
transfer. – Notwithstanding any other provisions of law, the
Providence Water Supply Board shall transfer to the general fund of the city of
Providence and an amount equal to five
percent (5%) per annum times the annual gross revenues of the Providence Water
Supply Board for the fiscal year ending June 30, 2004, and for the next two (2)
succeeding fiscal years. This transfer
shall not be included as part of the Providence Water Supply Board's rates
approved by a final unappealable order of the Public Utilities Commission for
same three (3) fiscal years.
SECTION 13.
Section 46-15.3-21 of the General Laws in Chapter 46-15.3 entitled "Public
Drinking Water Supply System Protection" is hereby amended to read as
follows:
46-15.3-21. Fees, rates and charges. -- (a) The fees, rates, and charges for drinking water are a mandatory component of water supply system management.
(b) The following factors shall be considered in setting fees, rates, and charges:
(1) Recovery of all capital and operating costs, fixed and variable of production, conservation, use, management, protection, obtaining, development, procuring, and/or transporting water, and its sale at wholesale or retail;
(2) Marginal cost pricing;
(3) Emergency and drought period surcharges;
(4) Seasonal price structures;
(5) Difference in costs based upon different points of delivery;
(6) The effect of fees, rates, and charges on use of water and, where applicable, on wastewater costs and charges;
(7) The effect of reducing non-account water to levels consistent with stated goals;
(8) Preparing, maintaining
and implementing water supply system management programs.; and
(9) Notwithstanding any other provisions of law, the Providence
Water Supply Board shall transfer to the general fund of the city of Providence
an amount equal to five percent (5%) per annum times the annual gross revenues
of the Providence Water Supply Board for the fiscal year ending June 30, 2004,
and for the next two (2) succeeding fiscal years. This transfer shall not be included as part of the Providence
Water Supply Board's rates approved by a final unappealable order of the Public
Utilities Commission for same three (3) fiscal years.
(c) Notwithstanding the provisions of sections 39-2-2 and 39-2-5, all rates and charges made by water suppliers which decline as quantity used increased are hereby declared to be no longer conducive to sound water supply system management designed to properly conserve, develop, utilize, and protect this finite natural resource. The public utilities commission may order rates for suppliers of water which either do not vary with quantities used or when there is evidence of increasing costs to either the utility or to society, rates which increase as the quantity used increases. If the commission finds that changing rates to comply with this section will cause a hardship to a class of customers, the commission may order that rates for that class of customers be changed to comply with this section over a period of time not to exceed five (5) years.
(d) Notwithstanding the provisions of sections 39-2-2 and 39-2-5, the public utilities commission may order a reduction in rates consistent with the amount by which a supplier exceeds the stated goals for non-account water. Non-account water shall be defined as the difference between the metered supply and the metered consumption for a specific period including an allowance for firefighting. No estimates for non-metered usage, except for the firefighting allowance, shall be included in the calculation of accounted for water.
SECTION 14.
Section 44-51-3 of the General Laws in Chapter 44-51 entitled "Nursing
Facility Provider Assessment Act" is hereby amended to read as follows:
44-51-3. Imposition of assessment -- Nursing facilities. -- (a) For purposes of this section, a nursing facility means a person or governmental unit licensed in accordance with chapter 17 of title 23 to establish, maintain, and operate a nursing facility.
(b) An assessment is
imposed upon the gross patient revenue received by every nursing facility in
each month beginning October 1, 1995 2003 at a rate of three
and three-quarters percent (3.75%) six percent (6%) for services
provided on or after October 1, 1995 2003. Every provider shall
pay the monthly assessment no later than the twenty-fifth day of each month
following the month of receipt of gross patient revenue.
(c) The assessment imposed by this section shall be repealed on the effective date of the repeal or a restricted amendment of those provisions of the Medicaid Voluntary Contribution and Provider-Specific Tax Amendments of 1991 (Public Law 102-234) that permit federal financial participation to match state funds generated by taxes.
SECTION 15. Sections 1, 5, 8, 11 and 12 of this article shall take
effect upon passage. Section 7 of this article shall take effect as of June 1,
2003. Sections 6, 13 and 14 of this article shall take effect as of July 1, 2003.
Section 9 of this article shall take effect on August 1, 2003. Section 10 of
this article shall take effect on January 1, 2004. Sections 2, 3 and 4 of this
article shall take effect upon passage and shall apply to the tax year
beginning on or after January 1, 2003.
ARTICLE 8
RELATING TO SUPERIOR COURT FEES
SECTION
1. Section 9-29-18 of the General Laws in Chapter
9-29 entitled "Fees" is hereby amended to read as follows:
9-29-18. Superior court fees. -- (a) The superior court shall be allowed the following fees in full to be taxed in the bill of costs in every civil action:
(1) For entry of every civil action, or petition .............. $135.00 $160.00
(2) For every writ of execution ................................ $50.00
(3) For the issuance of every citation ........................
$25.00
(b) In addition to the fees set forth herein, a surcharge shall be placed on all filing fees.
(c) Provided, that ten dollars ($10.00) of the fee for the entry of every civil action or
petition shall be forwarded to Rhode Island Legal Services.
SECTION
2. This article shall take effect upon passage.
ARTICLE 9
RELATING TO EDUCATION AID
SECTION 1. Sections 16-7-23, 16-7-39, 16-7-40, and 16-7-41 of the General Laws in Chapter 16-7 entitled “Foundation Level School Support” are 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. 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: provided, however, that for FY 2005, that amount shall not be less than provided for FY 2003. Calculation of the annual local contribution shall not include Medicaid revenues received by the municipality or district pursuant to chapter 8 of title 40. 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 the nonrecurring 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) Whenever any state funds are appropriated
for educational purposes, the funds shall be used for educational purposes only
and all state funds appropriated for educational purposes 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 surplus of state or local funds appropriated
for educational purposes shall not in any respect affect the requirement
that each community contribute local funds in an amount not less than its local
contribution for schools in the previous fiscal year, subject to section subsection (a),
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.
16-7-39. Computation of school housing aid ratio. -- For each community, the percent of state aid for school housing costs shall be computed in the following manner:
(1) For projects approved prior to July 1, 1981: from (i) the
number of resident pupils in average daily membership in grades one through
twelve (12) for the state fiscal year next preceding that in which aid is to be
paid multiplied by three hundred and fifty dollars ($350), deduct (ii) the
yield of a thirteen dollars and twenty-eight cents ($13.28) tax per thousand
dollars of equalized weighted assessed valuation, and (iii) the ratio that the
resultant figure bears to the computation in (i) shall be the school housing
aid ratio; provided, however, that in no case shall the ratio be less than
thirty percent (30%) each year.
(2) For projects approved after July 1, 1981, the school
housing share ratio shall be calculated in the following manner: (i) the
adjusted equalized weighted assessed valuation for the district is divided by
the resident average daily membership for the district (grades twelve (12) and
below); (ii) the adjusted equalized weighted assessed valuation for the state
is divided by the resident average daily membership for the state (grades
twelve (12) and below); (i) is then divided by (ii) and the resultant ratio is
multiplied by a factor currently set at sixty-two percent (62%) which
represents the approximate average district share of school support; the
resulting product is then subtracted from one hundred percent (100%) to yield
the housing aid share ratio, provided that in no case shall the ratio be less
than thirty percent (30%). The resident average daily membership shall be
determined in accordance with § 16-7-22(1).
16-7-40. Increased school housing ratio for regional schools –
Energy conservation – Access for people with disabilities – Asbestos removal
projects. -- (a1) In the case of regional school
districts, the school housing aid ratio shall be increased by two percent (2%)
for each grade so consolidated.
(2) Regional school districts undertaking renovation project(s) shall receive an increased share ratio of four percent (4%) for those specific project(s) only, in addition to the combined share ratio calculated in § 16-7-39 and this subsection.
(b) In the case of projects undertaken by regionalized and/or non-regionalized school districts specifically for the purposes of energy conservation, access for people with disabilities, and/or asbestos removal, the school housing aid share ratio shall be increased by four percent (4%) for these specific projects only, in the calculation of school housing aid. The increased share ratio shall continue to be applied for as log as the project(s) receive state housing aid. In order to qualify for the increased share ratio, seventy-five percent (75%) of the project costs must be specifically directed to either energy conservation, access for people with disabilities, and/or asbestos removal or any combination of these projects. The board of regents for elementary and secondary education shall promulgate rules and regulations for the administration and operation of this section.
(c) Upon the transfer of ownership from the state to the
respective cities and towns of the regional career and technical center
buildings located in Cranston, East Providence, Newport, Providence, Warwick,
Woonsocket and the Chariho regional school district, the school housing aid
share ratio shall be increased by four percent (4%) for the renovation and/or repair of these buildings. To qualify for the increased share ratio, as
defined in § 16-7-39, renovation and repair projects must be submitted for
approval through the necessity of school construction process prior to the end
of the second full fiscal year following the transfer of ownership and
assumption of local care and control of the building. Only projects at regional career and technical centers that have
full program approval from the department of elementary and secondary education
shall be eligible for the increased share ratio. The increased share ratio shall continue to be applied for as
long as the renovation and/or repair project receives school housing aid.
16-7-41. Computation of school housing aid. -- (a)
In each fiscal year the state shall pay to each community a grant to be applied
to the cost of school housing equal to the sum of the following
computations:
(1) For projects approved prior to July 1, 1981: one-twentieth
( 1/20) of the cost of each new school housing project certified to the
commissioner of elementary and secondary education not later than January 15 of
the fiscal year next preceding and an equal amount for each of the next
nineteen (19) years times the school housing aid ratio.
(2) For projects approved after July 1, 1981: the The cost of each new school
housing project certified to the commissioner of elementary and secondary
education not later than January 15 July 15 of the fiscal year next
preceding shall be divided by the actual number of years of the bond issued
by the local community in support of the specific project, times the school
housing aid ratio. If a community fails to specify or identify the appropriate
reimbursement schedule, the commissioner of elementary and secondary education
may at his or her discretion set up to a five (5) year reimbursement cycle for
projects under five hundred thousand dollars ($500,000); up to ten (10) years
for projects up to three million dollars ($3,000,000); and up to twenty (20)
years for projects over three million dollars ($3,000,000).
(3) Seventy-five percent (75%) of the remainder, if any, of the
total costs to the community for the payment of school housing commitments
after the deduction of payments due from computations in subsections (a)(1) and
(2) of this section including payments for interest under subsections (a)(1)
and (2) of this section on bonds issued after July 1, 1988, and the yield of a
tax of three dollars ($3.00) per thousand on adjusted equalized weighted
assessed valuation for the reference year commitments made prior to July 1,
1981, for periods of less than twenty (20) years, shall be prorated over a
twenty (20) year period commencing with the date of the first payment of the
commitment.
(b) Commitments made after July 1, 1981, Aid shall be
provided state aid for the same period as the life of the bonds
issued in support of the project.
(c) Implementation of calculations for housing aid payments for
projects approved after July 1, 1981, Payments shall be made in
accordance with § 16-7-40 and this section.
SECTION 2. Chapter 16-7 of the General Laws entitled “Foundation Level School Support” is hereby amended by adding thereto the following section:
16-7-41.1. Eligibility for Reimbursement. -- School districts, not municipalities, may apply for and obtain approval for a project under the necessity of school construction process set forth in the regulations of the board of regents for elementary and secondary education. Such approval will remain valid until June 30 of the third fiscal year following the fiscal year in which the board of regents for elementary and secondary education’s approval is granted. Only those projects undertaken at school facilities under the care and control of the school committee and located on school property may qualify for reimbursement under §16-7-35 to 16-7-47. Facilities with combined school and municipal uses or facilities that are operated jointly with any other profit or non-profit agency do not qualify for reimbursement under §16-7-35 to 16-7-47. Projects completed by June 30 of a fiscal year are eligible for reimbursement in the following fiscal year. A project for new school housing or additional housing shall be deemed to be completed when the work has been officially accepted by the school committee or when the housing is occupied for its intended use by the school committee, whichever is earlier.
SECTION 3. Section 16-7-42 of the General Laws in Chapter 16-7 entitled “Foundation Level School Support” is hereby amended to read as follows:
16-7-42. Federal aid for school housing projects – Effect. – Other aid for school housing
projects – Effect. -- In the computations of sections 16-7-35 to
16-7-47, only that portion of the cost of school housing projects for which no
aid has been received from the federal government under the provision of any
present or subsequent federal legislation shall be used. In the computations of §16-7-35 to 16-7-47, the cost of a school
housing project shall be reduced by the amount of federal aid and other private
and public funding that is applied to the project.
SECTION 4. Section 16-7-43
of the General Laws in Chapter 16-7 entitled “Foundation Level School Support”
is hereby repealed.
16-7-43. Gifts for school housing projects – Gifts
to the community spent for school housing projects shall be included in the
computations of §§16-7-35 to 16-7-47; provided, however, that the gifts shall
not be included in the computation under subsections (a)(2) and (3) of
§16-7-41.
SECTION 5. Section 16-7-44 of the General Laws in Chapter 16-7 entitled “Foundation Level School Support” is hereby amended to read as follows:
16-7-44. School housing project costs. -- School
housing project costs, the date of completion of school housing projects, and
the applicable amount of school housing project cost commitments shall be in
accordance with the regulations of the commissioner of elementary and secondary
education and the provisions of §§ 16-7-35 to 16-7-47; provided, however, that
school housing project costs shall include the purchase of sites, buildings,
and equipment, the construction of buildings, and additions or renovations of
existing buildings and/or facilities. School housing project costs shall
include the cost of interest payment on any bond issued after July 1, 1988,
provided that such bond is approved by the voters on or before June 30, 2003 or
issued by a municipal public building authority or by the appropriate approving
authority on or before June 30, 2003. For those projects approved after June
30, 2003, interest payments may only be included in project costs provided that
the bonds for these projects are issued through the Rhode Island Health,
Education and Building Corporation. School housing project costs shall exclude:
(1) any bond issuance costs incurred by the municipality or regional school
district; (2) demolition costs for buildings, facilities, or sites deemed
surplus by the school committee; and (3) restrictions pursuant to § 6-7-44.1
below. A building, facility, or site is
declared surplus by a school committee when the committee no longer has such
building, facility, or site under its direct care and control and transfers
control to the municipality, § 16-2-15). The board of regents for
elementary and secondary education will promulgate rules and regulations for
the administration of this section. These rules and regulations may provide for
the use of lease revenue bonds, financial capital leases, or
capital reserve funding, and similar financial instruments to finance
school housing provided that the net interest costs shall be less than what
a general obligation bond would be, and further provided that the term of
any bond, or capital lease or similar instrument shall not be
longer than the useful life of the project and these instruments are subject to
the public review and voter approval otherwise required by law for the issuance
of bonds, or capital leases, or similar instruments.
Cities or towns issuing bonds, notes, or leases , or other
evidences of indebtedness issued by municipal public buildings authority
for the benefit of a local community pursuant to chapter 50 of title 45 shall
not require voter approval. For purposes of this section and § 16-7-41,
"bonds issued by a local community" includes bonds, notes, leases, or
other evidences of indebtedness issued by municipal public buildings authority
for the benefit of a local community pursuant to chapter 50 of title 45;
provided, however, that these bonds, notes, leases, or other evidences of
indebtedness shall not be subject to the interest rate limitation of this
section.
SECTION 6. Chapter 16-7 of the General Laws entitled “Foundation Level School Support” is hereby amended by adding thereto the following section:
16-7-44.1. Program restrictions. -- Housing aid
shall not be provided for the purchase of furniture, fixtures and equipment
except in the case of a project to construct a new school or new school
addition that is also supported by a general obligation or lease revenue bond. Housing aid shall not be provided for
projects supported by capital lease agreements that: (1) are not lease purchase
agreements; (2) do not demonstrate a direct benefit to the school nor are
located on school property; and (3) do not exclude all non-capital costs such
as maintenance costs prior to the request for reimbursement.
SECTION 7. Sections 16-7.1-5, 16-7.1-8, 16-7.1-10, and 16-7.1-15 of the General Laws in Chapter 16-7.1 entitled “The Rhode Island Student Investment Initiative” are hereby amended to read as follows:
16-7.1-5. Intervention and support for failing schools. -- (a) The board of regents shall adopt a series of progressive support and intervention strategies consistent with the Comprehensive Education Strategy and the principles of the "School Accountability for Learning and Teaching" (SALT) of the board of regents for those schools and school districts that continue to fall short of performance goals outlined in the district strategic plans. These strategies shall initially focus on: (1) technical assistance in improvement planning, curriculum alignment, student assessment, instruction, and family and community involvement; (2) policy support; (3) resource oversight to assess and recommend that each school has adequate resources necessary to meet performance goal; and (4) creating supportive partnerships with education institutions, business, governmental, or other appropriate nonprofit agencies. If after a three (3) year period of support there has not been improvement in the education of students as determined by objective criteria to be developed by the board of regents, then there shall be progressive levels of control by the department of elementary and secondary education over the school and/or district budget, program, and/or personnel. This control by the department of elementary and secondary education may be exercised in collaboration with the school district and the municipality. If further needed, the school shall be reconstituted. Reconstitution responsibility is delegated to the board of regents and may range from restructuring the school's governance, budget, program, personnel, and/or may include decisions regarding the continued operation of the school. The board of regents shall assess the district's capacity and may recommend the provision of additional district, municipal and/or state resources. If a school or school district is under the board of regents' control as a result of actions taken by the board pursuant to this section, the local school committee shall be responsible for funding that school or school district at the same level as in the prior academic year increased by the same percentage as the state total of school aid is increased.
(b) For FY 2003 2004, the department shall dedicate
one hundred thousand dollars ($100,000) from funds appropriated to support
progressive support and intervention and SALT visits to support the Rhode
island Consortium for Instructional Leadership and Training. This consortium is
engaged in training school leaders to be more effective instructional leaders
in the standards based instruction environment.
16-7.1-8. Student equity investment fund. -- The general assembly recognizes the need to improve fourth grade performances in mathematics, reading, and writing. Therefore, the general assembly establishes the Student Equity Investment Fund to target students identified as those requiring additional educational services. The general assembly shall annually appropriate some sum and distribute it based on each district's proportion of resident children eligible for USDA reimbursable school meals relative to the total number of eligible students statewide. For the purposes of this section, the date as of eligibility for USDA reimbursable meals shall be determined by the June report of the reference year as defined in § 16-7-16. These resources shall be used to close student performance gaps in accordance with the district's strategic plan pursuant to § 16-7.1-2. Beginning in FY 2003, the commissioner of elementary and secondary education may require a district to use up to five percent (5%) of the funds allocated by this section to increase student and school performance. The five percent (5%) set aside funds shall only be spent with the prior approval of the commissioner of elementary and secondary education.
16-7.1-10. Professional development investment fund. -- (a) In order to continue developing the skills of Rhode Island's teachers, administrators and staff, the general assembly establishes a Professional Development Investment Fund. The general assembly shall annually appropriate some sum and distribute it based on a pupil-teacher ratio that shall be adjusted annually by the commissioner of elementary and secondary education. School districts may use funds received under this category of education aid to replace up to, but no more than, fifty percent (50%) of the amount the school district spent for professional development programs in the previous fiscal year. The expenditure of these funds shall be determined by a committee at each school consisting of the school principal, two (2) teachers selected by the teaching staff of the school, and two (2) parents of students attending the school. Schools that enroll students in the early grades (kindergarten through grade three (3)) must expend these funds on the development of scientific research based, as described in the No Child Left Behind Act of 2001, Title 1, Part B, Section 1208 [20 U.S.C. § 6368], reading instruction to improve students reading performance. Collaborative programs between schools are encouraged. These resources shall be used to close student performance gaps in accordance with the school's and district's strategic plan pursuant to § 16-7.1-2. Additional funds shall be allocated to the department of elementary and secondary education to support teacher and administrator professional development in all districts, including, but not limited to:
(1) Supporting mentoring systems;
(2) Providing school districts with program support to assist teachers in local school districts to improve reading instruction and enhance the integration of reading throughout the curriculum with the goal of improving student performance to high standards;
(3) Support for the design and implementation of a system
for the training of school leaders leadership development for the
teacher to assume leadership roles or ultimately prepare for administrator;
(4) Development of a plan for formal training of school leaders
in standards based instruction, school improvement planning, effective use of
data in the decision-making process, community involvement and creation of
governance structures;
(4) (5) Support for national board certification of
teachers and grants for coordination and support of school based teacher
professional development; and
(5) (6) The practice of scientific research based
reading instruction to improve reading performance.
(b) In FY 2003, the additional funds allocated to the department of elementary and secondary education pursuant to this section shall be used only to support the activities described in subdivisions (a)(2) and (a)(5) of this section.
(c) The department shall continue to use resources allocated
within its operating budget to support National Board Certification activities
and for FY 2003 that amount shall be ninety thousand dollars ($90,000).
(d) (c) Out of the funds appropriated by the general
assembly for professional development in subsection (a) of this section, twenty-five
percent (25%) shall be set aside for district-wide professional development
activities. The expenditure of this district-wide professional development
set-aside shall be determined by a committee in each district consisting of the
superintendent or his or her designee, three (3) teachers appointed by the
collective bargaining agent, and one member of the Rhode Island department of
elementary and secondary education field service team servicing that school
district designated by the commissioner of elementary and secondary education. The
expenditure must be aligned with the district strategic plan as well as ongoing
professional development programs approved by the department of elementary and
secondary education. Collaborative programs between school districts are
permissible.
16-7.1-15. The Rhode Island student investment initiative. -- (a)
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 2003, that base shall be adjusted to reflect the increases or
decreases in aid enacted for FY 2000, FY 2001, and FY 2002 to meet the
minimum and maximum funding levels established for FY 2000, through FY
2001 and FY 2002 FY 2003. Each school district shall also receive
school aid through each investment fund for which that district qualifies
pursuant to §§ 16-7.1-6, 16-7.1-8, 16-7.1-9, 16-7.1-10, 16-7.1-11,
16-7.1-12, 16-7.1-16 and 16-7.1-19. These sums shall be in addition to the base
amount described in this section. For
FY 2004 total school aid distributed under the investment funds enumerated
above shall constitute not less than a one percent (1.0%) increase in aid
received in FY 2003 under sections 16-7.1-6, 16-7.1-8, 16-7.1-9, 16-7.1-10,
16-7.1-11, 16-7.1-12, 16-7.1-15(d), 16-7.1-16, and 16-7.1-19. The total
school aid distributed under this section in FY 2002 shall constitute not less
than a three and one-half percent (3.5%) increase in the aid distributed to the
school district under this section in FY 2001 and each district shall receive
the increase in aid necessary to meet this minimum funding level. Additionally,
for FY 2002, any community with a tax equity index below 1.0 as calculated
pursuant to § 16-7.1-6 shall receive not less than a seven percent (7%)
increase in aid distributed to the school district under this section in FY
2001. For FY 2003, the total school aid distributed under the investment funds
enumerated above shall constitute not less than a one percent (1.0%) percent increase
in aid received in FY 2002. Calculation and distribution of education aid
under §§ 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.
(b) Funding for full day kindergarten programs in accordance with § 16-7.1-11.1 shall be in addition to funding received under this section.
(c) Funding distributed under § 16-77.1-2(b) and § 16-64-1.1 shall be in addition to funding distributed under this section.
(d) There shall be an appropriation to ensure that total aid
distributed to communities in FY 2003 2004 under this section and
§§ 16-7.1-11.1, 16-64-1.1 and 16-77.1-2(b) shall be at least a one and three
quarter percent (1.75%) increase over aid received in FY 2003. is not
less than the amount proposed by the governor for FY 2003 and shall be at least
a two and one-half percent (2.5%) increase over aid received in FY 2002.
(e) Children with disabilities. (1) Based on its review of special education within the context of Rhode Island school reform, the general assembly recommends addressing the needs of all children and preventing disability through scientific research based, as described in the No Child Left Behind Act of 2001, Title 1, Part B, Section 1208 [20 U.S.C. § 6368], reading instruction and the development of Personal Literacy Programs for students in the early grades performing below grade level in reading and implement a system of student accountability that will enable the state to track individual students over time. Additionally, the department of elementary and secondary education must provide districts with rigorous criteria and procedures for identifying students with learning disabilities and speech/language impairments. Additional study is required of factors that influence programming for students with low incidence disabilities; those with disabilities that severely compromise life functions; and programming for students with disabilities through urban special education. Alternatives for funding special education require examination.
(2) All departments and agencies of the state shall furnish any advice and information, documentary and otherwise, to the general assembly and its agents that is deemed necessary or desirable by the study to facilitate the purposes of this section.
SECTION 8.
Section 16-7.1-19 of the General Laws in Chapter 16-7.1 entitled "The
Rhode Island Student Investment Initiative" is hereby amended to read as
follows:
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. reference
year as defined in section 16-7-16. 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, FY 2002 and FY 2003, this tThe sum shall be five
hundred dollars ($500) per student. Funding under this section will be limited
to those students enrolled in programs that are part of the state certified
career and technical education system as approved by the department of
elementary and secondary education.
SECTION 9. The department of elementary and secondary education is authorized to and shall conduct a study of the cost of building new schools and additions based on the last five (5) years of completed and planned construction projects. The study shall collect and analyze data from projects to determine the feasibility of implementing an appropriate cost per square foot cap on new construction projects. The study shall also consider the possibility of implementing parameters for cost efficient materials and procedures, and making accurate enrollment projections in support of new schools and additions. Private architectural firms with experience in building and renovating schools in the State of Rhode Island are invited to submit information and provide guidance to the department in the completion of this study.
The results of the study shall be submitted to the general assembly by January 1, 2004 with copies to the president of the senate, the speaker of the house, the chairperson of the senate finance committee, the chairperson of the house finance committee, the senate fiscal advisor and the house fiscal advisor.
SECTION 10. The department of administration shall conduct a cost/benefit analysis of a statewide teacher contract. It shall report its findings to the Rhode Island general assembly by March 1, 2004.
SECTION 11. Sections 16-23-2, 16-23-3 and 16-23-3.1 of the
General Laws in Chapter 16-23 entitled "Textbooks" are hereby amended
to read as follows:
16-23-2. Loan of textbooks. --
(a) The school committee of every community as it is defined in section 16-7-16
shall furnish upon request, at the expense of the community, textbooks to all
students in grades K-12 in the fields of mathematics, science, and
modern foreign languages and in the fields of, English/language
arts and history/social studies in grades K-8 only, appearing on the
list of textbooks published by the commissioner of elementary and secondary
education as provided in section 16-23-3, to all pupils of elementary and
secondary school grades resident in the community, the textbooks to be loaned
to the pupils free of charge, subject to any rules and regulations as to care
and custody that the school committee may prescribe.
(b) Every school committee shall also furnish at the expense of the community all other textbooks and school supplies used in the public schools of the community, the other textbooks and supplies to be loaned to the pupils of the public schools free of charge, subject to any rules and regulations as to care and custody that the school committee may prescribe. School books removed from school use may be distributed to pupils, and any textbook may become the property of a pupil who has completed the use of it in school, subject to rules and regulations prescribed by the school committee.
(c) Nothing in this section shall be construed to forbid requiring or accepting from a pupil a deposit of a reasonable amount of money as a guaranty for the return of school property other than the books and supplies required in this section to be loaned free of charge, provided that the school committee shall make suitable rules and regulations for the safekeeping and return of deposits; and, provided, further, that in establishing schedules for deposits, the school committee should include provision for waiver of deposit due to financial hardship.
16-23-3. Published textbook list. --
The commissioner shall publish annually a list of textbooks in use in the
public schools in the field fields of mathematics, science, and
modern foreign languages, English/language arts and history/social studies
to all students in grades K-12 and in the fields of English/language arts
and history/social studies in grades K-8 only. The list shall be published
for the purpose of the loan of the textbooks to all resident pupils as provided
for in section 16-23-2 and shall not include any textbooks of a sectarian
nature or containing sectarian material.
16-23-3.1. Reimbursements to municipalities
for costs of English/language arts and history/social studies textbooks for
students in grades K-8 only. Reimbursements to municipalities for costs of
English/language arts and history/social studies textbooks for students in
grades K-12. -- There is hereby established a textbook reimbursement
fund for which the general assembly shall make a specific appropriation. The
department of elementary and secondary education shall administer the
appropriation. School districts shall submit to the department of elementary
and secondary education evidence of the cost of English/language arts and/or
history/social studies textbooks that the district has provided to students in
grades K- 8 only 12 pursuant to section 16-23-2. The costs shall
be reimbursed from the textbook reimbursement fund by the department of
elementary and secondary education upon presentation by a school district of
the evidence of cost.
SECTION
12. Section 45-38.1-3 of the General Laws in Chapter
45-38.1 entitled "Health And Educational Building Corporation" is
hereby amended to read as follows:
45-38.1-3. Definitions. -- As used in this chapter, the following words and terms have the following meaning unless the context indicates another or different meaning or intent:
(1) "Bonds" means bonds of the corporation issued under the provisions of this chapter, including refunding bonds, notwithstanding that the bonds may be secured by mortgage or the full faith and credit of the corporation or the full faith and credit of a participating institution for higher education or of a participating health care provider or any other lawfully pledged security of a participating educational institution or child day care center or of a participating health care provider;
(2) "Borrower" means a student or a parent who has received or agreed to pay an education loan;
(3) "Cooperative hospital service organization" means a corporation created pursuant to chapter 6 of title 7, which meets the requirements of section 501(e) of the Internal Revenue Code of 1954, 26 U.S.C. section 501(e), and is exempt from federal taxation of income in accordance with section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. section 501(c)(3);
(4) "Corporation" means the Rhode Island health and educational building corporation created and established as a nonbusiness corporation, under and pursuant to chapter 6 of title 7, as amended, and constituted and established as a public body corporate and agency of the state under section 45-38.1-4, or any board, body, commission, department, or officer succeeding to the principal functions of the corporation or to whom the powers conferred upon the corporation by this chapter are given by law;
(5) "Corporation loans" means loans by the corporation to an educational institution or child day care center for the purpose of funding education loans;
(6) "Cost" as applied to a project or any portion of it, financed under the provisions of this chapter, embraces all or any part of the cost of construction and acquisition of all lands, structures, real or personal property, rights, rights of way, franchises, easements, and interests acquired or used for a project, the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which the buildings or structures may be moved, the cost of all machinery and equipment, financing charges, interest prior to, during and for a period after completion of the construction, provisions for working capital, reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations and improvements, cost of engineering, financial and legal services, plans, specifications, studies, surveys, estimates of cost and of revenues, administrative expenses, expenses necessary or incident to determining the feasibility or practicability of constructing the project, and other expenses that may be necessary or incident to the construction and acquisition of the project, the financing of the construction and acquisition, and the placing of the project in operation;
(7) "Default insurance" means insurance insuring education loans, corporation loans, or bonds or notes of the corporation against default;
(8) "Default reserve fund" means a fund established pursuant to a resolution of the corporation for the purpose of securing education loans, corporation loans, or bonds or notes of the corporation;
(9) "Education loan" means a loan which is made by or on behalf of an educational institution or child day care center from the proceeds of a corporation loan, to a student or parents of a student or both, to finance the student's attendance at the institution;
(10) "Education loan series portfolio" means all education loans made by or on behalf of a specific educational institution or child day care center which are funded from the proceeds of a corporation loan to the institution out of the proceeds of a related specific bond or note issued through the corporation;
(11) "Health care provider" means:
(i) Any nonprofit hospital incorporated under the laws of the state, including any nonprofit subsidiary corporations formed by any hospital or formed by the parent corporation of the hospital;
(ii) Any nonprofit corporation, the member or members of which consist solely of one or more hospitals or their parent corporations;
(iii) Any other hospital, which is licensed as a general hospital or maternity hospital pursuant to chapter 17 of title 23, which is exempt from taxation;
(iv) Any nonprofit group health association;
(v) Any cooperative hospital service organization, or any nonprofit corporation that is licensed as a skilled nursing and/or intermediate care facility pursuant to chapter 17 of title 23, including any nonprofit subsidiary corporation formed by any of the foregoing skilled nursing and/or intermediate care facilities, or any nonprofit corporation eligible to receive funding, pursuant to chapter 8.5 of title 40.1, and/or a corporation created pursuant to chapter 6 of title 7; provided, that it is a real estate holding corporation created for the benefit of a nonprofit corporation eligible to receive funding under chapter 8.5 of title 40.1;
(vi) Any nonprofit health care corporation whose purpose is to provide home care services or supplies to the citizens of this state including, but not limited to, nonprofit visiting nurse associations and nonprofit home care organizations;
(vii) Any other not-for-profit corporation organized pursuant to chapter 6 of title 7 or pursuant to any special act of the general assembly and which is exempt from federal taxation of income in accordance with section 501(c)(3), 26 U.S.C. section 501(c)(3), of the Internal Revenue Code and which is licensed as:
(A) A health care facility pursuant to chapter 17 of title 23;
(B) A "facility" pursuant to chapter 24 of title 40.1;
(C) A "residential care and assisted living facility" pursuant to chapter 17.4 of title 23; or
(D) An adult day-care facility;
(viii) Any not-for-profit corporation which is exempt from federal taxation of income in accordance with section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. section 501(c)(3), or any successor section of the Internal Revenue Code, which under contract with the state educates, counsels or rehabilitates young people who have come subject to child welfare, juvenile justice or mental health systems in the state; or
(ix) Any network or similar arrangement of those entities listed in subsection (11)(i) through (viii) above;
(12) "Educational institution" means an educational institution or local education authority participating in the school housing aid program as described in chapter 16-7 situated within this state which, by virtue of law or charter, is a public or other nonprofit educational institution empowered to provide a program of education at the primary, secondary or high school level, beyond the high school level, and which is accredited by a nationally recognized educational accrediting agency or association and awards a bachelor's or advance degree or provides a program of not less than two (2) years' duration which is accepted for full credit toward a bachelor's degree;
(13) "Loan funding deposit" means monies or other property deposited by an educational institution or child day care center with the corporation, a guarantor, or a trustee for the purpose of:
(i) Providing security for bonds or notes;
(ii) Funding a default reserve fund;
(iii) Acquiring default insurance;
(iv) Defraying costs of the corporation, the monies or properties to be in amounts as deemed necessary by the corporation or a guarantor as a condition for the institution's participation in the corporation's programs;
(14) "Nonprofit group health association" means an association or a corporation established by an act of the general assembly, or created pursuant to chapter 6 of title 7, to provide all or any part of a project or property to the citizens of this state;
(15) "Parent" means any parent, legal guardian, or sponsor of the student at an educational institution or child day care center;
(16) "Participating hospital" means a hospital which, pursuant to the provisions of this chapter, undertakes the financing and construction or acquisition of a project or undertakes the refunding or refinancing of obligations or of a mortgage or of advances as provided in and permitted by this chapter;
(17) "Participating educational institution" means an educational institution or child day care center which, pursuant to the provisions of this chapter, undertakes the financing and construction or acquisition of a project, or undertakes the refunding or refinancing of obligations or of a mortgage or of advances or undertakes the financing, directly or indirectly, of education loans, all as provided in and permitted by this chapter;
(18) "Project," in the case of a participating educational institution or child day care center means a structure suitable for use as a dormitory or other housing facility, dining hall, student union, administration building, academic building, library, laboratory, research facility, classroom, athletic facility, health care facility, and maintenance, storage or utility facility, and other structures or facilities related to the educational institution or child day care center or required or useful for the instruction of students or the conducting of research or the operation of an educational institution or child day care center including parking and other facilities or structures essential or convenient for the orderly conduct of the educational institution or child day care center and also includes equipment and machinery and other similar items necessary or convenient for the operation of a particular facility or structure in the manner for which its use is intended, but does not include such items as books, fuel, supplies, or other items which are customarily deemed to result in a current operating charge; and, in the case of a participating health care provider, means a structure suitable for use as a hospital, clinic, nursing home, congregate housing for the elderly and/or infirm, mental health service unit, or other health care facility, laboratory, laundry, nurses', interns', or clients' residence, administration building, research facility, and maintenance, storage or utility facility, and other structures or facilities related to the health care provider or required or useful for the operation of the project, including parking and other facilities or structures essential or convenient for the orderly operation of the project, and also includes equipment and machinery and other similar items necessary or convenient for the operation of the project in the manner for which its use is intended, but does not include such items as fuel, supplies, or other items which are customarily deemed to result in a current operating charge;
(19) "State" means the state of Rhode Island and Providence Plantations;
(20) "Child day care center" means a child day care center as defined in section 23-28.1-5, which is a not-for-profit organization;
(21) "Note" means a written promise to pay, including, but not limited to, capital notes and revenue anticipation notes;
(22) "Capital note(s)" means a note or notes of the corporation not exceeding twelve (12) months in duration to maturity issued for the benefit of a health care provider or educational institution to purchase capital assets to be used in the operations of the health care provider or educational institution; and
(23) "Revenue anticipation note(s)" means a note or notes of the corporation not exceeding twelve (12) months in duration to maturity issued for the benefit of a health care provider or educational institution in anticipation of revenues reasonably expected to be collected by the health care provider or educational institution within twelve (12) months from the date of the note or notes.
SECTION 13.
Section 16-8-10.1 of the General Laws in Chapter 16-8 entitled "Federal
Aid" is hereby amended to read as follows:
16-8-10.1. Mandatory school breakfast program. – (a) All public schools shall make a breakfast program available to students attending the school. The breakfast shall meet any rules and regulations that are adopted by the commissioner.
(b) Any costs (other than transportation costs) associated with
this program in excess of available federal money shall be borne exclusively by
the state of Rhode Island and not by municipalities.
SECTION 14.
Section 16-1-14 of the General Laws in Chapter 16-1 entitled "State
Department of Elementary and Secondary Education" is hereby repealed.
16-1-14. Breakfast program established. --
(a) (1) Any school district may, with the consent of the joint committee on
legislative services established by section 22-11-1, establish a pilot school
breakfast program.
(2) Any costs (other
than transportation costs) associated with this program in excess of available
federal money shall be borne exclusively by the state of Rhode Island and not
by municipalities.
(b) Nothing in this
section shall be interpreted to prevent a school district not covered in this
section from implementing a school breakfast program in any of its schools.
(c) The department of
elementary and secondary education may promulgate rules and regulations
necessary for implementation of this section in compliance with federal
guidelines.
(d) The pilot school
program established by this section shall be administered by the joint
committee on legislative services, which shall promulgate regulations governing
eligibility for participation in the program.
(e) There shall be
appropriated the sum of two hundred thousand dollars ($200,000) to cover the
cost of the pilot program established in this section.
SECTION 15. This article shall take effect as of July 1, 2003.
ARTICLE 10
RELATING TO VIDEO LOTTERY TERMINALS
SECTION 1. Section 42-61.2-7 of the General Laws in Chapter
42-61.2 entitled
“Video Lottery Terminal” is hereby amended to read as follows:
42-61.2-7. Division of revenue. -- (a) Notwithstanding the provisions of § 42-61-15, the allocation of net terminal income derived from video lottery games is as follows:
(1) For deposit in the general fund and to the state lottery
commission fund for administrative purposes: Net terminal income not
otherwise disbursed in accordance with subdivisions (a)(2) through (a)(5)
herein; No less than fifty-one percent (51%) in fiscal year 2002; no
less than fifty-two percent (52%) in fiscal year 2003; no less than fifty-three
percent (53%) in fiscal year 2004; no less than fifty-four percent (54%) in
fiscal year 2005; no less than fifty-five percent (55%) in fiscal year 2006;
and each year thereafter.
(2) To the licensed video lottery retailer: (a) Lincoln
Greyhound Park – twenty-seven percent (27%); (b) Newport Jai Ali – twenty-six
percent (26%); thirty-one percent (31%) in fiscal year 2002; thirty and
one-half percent (30.5%) in fiscal year 2003; thirty percent (30%) in fiscal
year 2004; twenty-nine and one-half percent (29.5%) in fiscal year 2005;
twenty-nine percent (29%) in fiscal year 2006; and each year thereafter.
(3) To the owners of dog kennels who are under contract with a
licensee: six percent (6%) three and four-tenths (3.4%) of
net terminal income derived from video lottery games located at the facility;
in fiscal year 2002; five and one-half percent (5.5%) in fiscal year 2003;
five percent (5%) in fiscal year 2004; four and one-half percent (4.5%) in
fiscal year 2005; four percent (4%) in fiscal year 2006; and each year
thereafter. The percentage not allocated to the owner of dog kennels reverts
back to the general revenue fund and to the state lottery commission for
administrative purposes;
(4) (i) To the technology provider: providers who
are not a party to the Master Contract as set forth and referenced in public
law 2003, chapter 32, seven percent (7%) eleven percent (11%) of the
net terminal income of the said provider's terminals less all
reasonable charges and fees to the communications provider associated with the
supplying, maintenance, and operations of the communications system. The
lottery commission shall determine the fees to the communications system
provider which shall be no more than two and one-half percent (2.5%) of the net
terminal income; The lottery
commission shall implement an incentive structure for said providers for Fiscal
Year 2004 only, based on machine performance, not to exceed eight and one-half
percent (8.5%) of net terminal income of the provider's terminals. The lottery commission shall present this
incentive structure in a report to the speaker of the house, the president of
the senate and the governor, at least ninety (90) days prior to implementation
of said incentive structure;
(ii) To contractors who are a party to the Master Contract as set forth and referenced in Public Law 2003, Chapter 32, all sums due and payable under said Master Contract.
(5) To the city or town in which the licensed video retailer is licensed: one percent (1%); and
(6) Unclaimed prizes and credits shall remit to the general fund of the state;
(7) Payments into the state's general fund specified in subdivisions (a)(1) and (a)(6) hall be made on an estimated monthly basis. Payment shall be made on the tenth day following the close of the month except for the last month when payment shall be on the last business day.
(b) Provided, however, that for the fiscal year commencing July 1, 1993 and subsequent fiscal years, the sum of five million dollars ($5,000,000) to the extent possible shall be contributed to the distressed communities relief program, pursuant to § 45-13-12, to be distributed according to the formula and the contributions shall be as follows:
(1) One million one hundred fifty-two thousand six hundred eighty-three dollars ($1,152,683) of the net terminal income due retailers under subdivision (a)(2) deposited as general revenues as follows: Lincoln Greyhound Park seven hundred sixty-seven thousand, six hundred eighty-seven dollars ($767,687) and Newport Jai Alai Fronton three hundred eighty-four thousand nine hundred ninety-six dollars ($384,996).
(2) Two hundred eighteen thousand five hundred seventy-nine dollars ($218,579) of the net terminal income due kennel owners under subdivision (a)(3) deposited as general revenues.
(3) Six hundred and twenty-eight thousand seven hundred and
thirty-seven dollars ($628,737) of the net terminal income due the technology
providers under subsection (a)(4) (a)(3) deposited as general
revenues.
(4) Three million dollars ($3,000,000) from the state general revenue fund.
SECTION 2. Section 41-7-3 of the General Laws in Chapter 41-7 entitled "Jai Alai" is hereby amended to read as follows:
41-7-3. Regulation of operations -- Licensing. -- (a) The division of racing and athletics is hereby authorized to license jai alai in the city of Newport. The operation of a fronton shall be under the division's supervision. The division is hereby authorized to issue rules and regulations for the supervision of the operations.
(b) Any license granted under the provisions of this chapter shall be subject to the rules and regulations promulgated by the division and shall be subject to suspension or revocation for any cause which the division shall deem sufficient after giving the licensee a reasonable opportunity for a hearing at which he or she shall have the right to be represented by counsel. If any license is suspended or revoked, the division shall state the reasons for the suspension or revocation and cause an entry of the reasons to be made on the record books of the division.
(c) Commencing July 1, 2003, the division of racing and athletics shall be prohibited to license Jai Alai in the city of Newport. Any license having been issued and in effect as of said date shall be null and void and any licensee shall be prohibited from operating thereunder. Provided, however, that any entity having been issued a license to operate a Jai Alai fronton prior to said date shall be deemed a pari-mutuel licensee as defined in chapter 61.2 of title 42 and a licensee as defined in chapter 11 of title 41.
SECTION 3. This article
shall take effect as of July 1, 2003.
ARTICLE 11
RELATING TO LICENSING OF HEALTH CARE FACILITIES
SECTION 1. Section
23-17-38.1 of the General Laws in Chapter 23-17 entitled “Licensing of Health
Care Facilities” is hereby amended as follows:
23-17-38.1. Hospitals-- Licensing Fee. -- (a) There
is imposed a hospital licensing fee at the rate of four and thirty-five
hundredths percent (4.35%) (4.00%) upon the net patient
services revenue of every hospital for the hospital's first fiscal year ending
on or after January 1, 2000 2001. 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
October 31, 2002 2003, and payments shall be made by electronic
transfer of monies to the general treasurer and deposited to the general fund
in accordance with § 44-50-11. Every hospital shall, on or before October 1, 2002
2003, make a return to the tax administrator containing the correct
computation of net patient services revenue for the hospital fiscal year ending
September 30, 2000 2001, and the licensing fee due upon that
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 have the following meanings:
(1) "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.
(2) "Gross patient services revenue" means the gross revenue related to patient care services.
(3) "Net patient services revenue" means the charges related to patient care services less (i) charges attributable to charity care, (ii) bad debt expenses, and (iii) contractual allowances.
(c) The tax administrator shall make and promulgate any rules, regulations, and procedures not inconsistent with state law and fiscal procedures that he or she deems necessary for the proper administration of this section and to carry out the provisions, policy and purposes of this section.
(d) The licensing fee imposed by this section shall be in addition to the inspection fee imposed by § 23-17-38 and to any licensing fees previously imposed in accordance with § 23-17-38.1.
SECTION 2.
This article shall take effect on July 1, 2003 and shall apply to
hospitals, as defined in Section 1, which are duly licensed on July 1, 2003.
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 in
accordance with Section 23-17-38.1.
ARTICLE 12
RELATING TO HUMAN SERVICES -- THE FAMILY INDEPENDENCE ACT
SECTION
1. Section 40-5.1-8 of the General Laws in Chapter
40-5.1 entitled "Family Independence Act" is hereby amended to read as
follows:
40-5.1-8. Eligibility for cash assistance. -- (a) (1) Except as otherwise provided for in this section, no person shall be included in any family for purposes of determining eligibility for or the amount of cash to which a family is entitled under this chapter, unless the person is a resident of the state and is: (A) either a citizen; or (B) lawfully admitted for permanent residence before August 22, 1996, or (C) otherwise lawfully entitled to reside in the United States before August 22, 1996 and is determined to have a status within the meaning of the term "qualified alien", or an exception thereto, under section 402(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Laws No. 104-193), and as such section may hereafter be amended; or (D) an alien who on or after August 22, 1996 is determined to have a status within the meaning of the term "qualified alien", or an exception thereto, under section 402(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Laws No. 104-193), and as such section may hereafter be amended.
(2) An alien who does not meet the citizenship or alienage criteria in subsection (a)(1) above, who was lawfully residing in the United States before August 22, 1996 and who is a resident of this state prior to July 1, 1997, shall be eligible for cash assistance under this chapter without regard to the availability of federal funding; and provided, however, that such person meets all other eligibility requirements under this chapter.
(3) Except as provided herein, no person shall be ineligible for assistance payments under this chapter due solely to the restricted eligibility rules otherwise imposed by section 115(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Laws No. 104-193) and as such section may hereafter be amended. No person convicted of a drug related felony, as defined herein, shall be eligible for assistance payments under this chapter. For purposes of this chapter, "drug related felony" means the conviction (under federal or state law) subsequent to August 22, 1996 of an individual of any offense which is classified as a felony by the law of the jurisdiction involved and which has as an element the distribution or sale of a controlled substance (as defined in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)).
(b) No family shall be eligible for assistance payments if the combined value of its available resources (reduced by any obligations or debts with respect to such resources) exceed one thousand dollars ($1,000). For purposes of this subsection, the following shall not be counted as resources of the family:
(1) The home owned and occupied by a child, parent, relative or other individual;
(2) Real property owned by a husband and wife as tenants by the entirety, if the property is not the home of the family and if the spouse of the applicant refuses to sell his or her interest in the property;
(3) Real property which the family is making a good faith effort to dispose of, but any aid payable to the family for any such period shall be conditioned upon such disposal and any payments of aid for that period shall (at the time of disposal) be considered overpayments to the extent that they would not have occurred at the beginning of the period for which the payments were made. Any overpayments that may have occurred are debts subject to recovery in accordance with the provisions of section 40-5.1-28;
(4) Income producing property other than real estate including but not limited to equipment such as farm tools, carpenter's tools and vehicles used in the production of goods or services which the department determines are necessary for the family to earn a living;
(5) A One (1)
vehicle for each adult household member but not to exceed two (2) vehicles per
household, and in addition, a vehicle used primarily for income producing
purposes such as but not limited to a taxi, truck or fishing boat; a vehicle
used as a family's home; a vehicle which annually produces income consistent
with its fair market value, even if only used on a seasonal basis; a vehicle
necessary for long distance travel, other than daily commuting, which is
essential to the employment of a family member; a vehicle necessary to
transport a family member with a disability where the vehicle is specially
equipped to meet the specific needs of the person with a disability or if the
vehicle is a special type of vehicle that makes it possible to transport the person
with a disability;
(6) Household furnishings and appliances, clothing, personal effects and keepsakes of limited value;
(7) Burial plots (one for each child, relative, and other individual), and funeral arrangements;
(8) For the month of receipt and the following month, any refund of federal income taxes made to the family by reason of section 32 of the Internal Revenue Code of 1986, 26 U.S.C. section 32, (relating to earned income tax credit), and any payment made to the family by an employer under section 3507 of the Internal Revenue Code of 1986, 26 U.S.C. section 3507 (relating to advance payment of such earned income credit);
(9) The resources of any family member receiving supplementary security income assistance under the Social Security Act, 42 U.S.C. section 301 et seq.
(c) For purposes of
subsection (b), the resources of a family shall include only that part of the
fair market value of any vehicle (not otherwise excluded) which exceeds the
value for such inclusion established by the federal food stamp program
administered pursuant to section 40-6-8, and as such value may hereafter be
amended, or that portion of the family's equity in a vehicle which exceeds one
thousand five hundred dollars ($1,500) -- whichever is less;
(d) (1) Except as otherwise provided for in this section, no person shall be included in any family for purposes of determining eligibility for or the amount of cash to which a family is entitled under this chapter, if that person after attaining eighteen (18) years of age, has received cash assistance under this chapter for a total of sixty (60) months (whether or not consecutive). The limitation in the preceding sentence only shall apply only if required by federal statute or regulation.
(2) In calculating the sixty (60) month limit imposed in subsection (d)(1), the department shall disregard any month for which assistance was provided with respect to a minor parent or minor pregnant woman during those months when the individual was a minor child.
(3) The department may exempt a family from the application of subsection (d)(1) by reason of hardship; provided, however, that the number of such families to be exempted by the department under this subsection shall not exceed twenty percent (20%) of the average monthly number of families to which assistance is provided for under this chapter in a fiscal year; provided, however, that to the extent now or hereafter permitted by federal law any waiver granted under section 40-5.1-46(a) shall not be counted in determining the twenty percent (20%) maximum under this section.
(e) Notwithstanding any other provision of this chapter, the amount of cash to which a family is entitled under the chapter shall be reduced by thirty percent (30%) until the family has been a resident of the state for twelve (12) consecutive months; provided, however, that no member of the family who has been resident of the state for twelve (12) consecutive months or longer shall have his or her benefit reduced under this subsection.
(f) (1) A family:
(i) Consisting of a parent who is under the age of eighteen (18) (minor parent); and
(ii) Who has never been married; and
(iii) Who has a child, or a family which consists of a woman under the age of eighteen (18) who is at least six months pregnant (pregnant minor), shall be eligible for cash assistance only if such family resides in the home of a parent, legal guardian or other adult relative. Such assistance shall be provided to the parent, legal guardian, or other adult relative on behalf of such individual and child unless otherwise authorized by the department.
(2) Subdivision (1) shall not apply if:
(i) (A) Such minor parent or pregnant minor has no parent, legal guardian or other adult relative who is living and or whose whereabouts are known;
(B) The department determines that the physical or emotional health or safety of the minor parent, or his or her child, or the pregnant minor, would be jeopardized if he or she was required to live in the same residence as his or her parent, legal guardian or other adult relative (refusal of a parent, legal guardian or other adult relative to allow the minor parent or his or her child, or a pregnant minor, to live in his or her home shall constitute a rebutable presumption that the health or safety would be so jeopardized);
(C) The minor parent or pregnant minor has lived apart from his or her own parent or legal guardian for a period of at least one year before either the birth of any such minor parent's child or the onset of the pregnant minor's pregnancy; or
(D) There is good cause, under departmental regulations, for waiving the subsection; and
(ii) The individual resides in supervised supportive living arrangement to the extent available. For purposes of this section "supervised supportive living arrangement" means an arrangement which:
(A) Requires teen parents to enroll and make satisfactory progress in a program leading to a high school diploma or a general education development certificate;
(B) Requires teen parents to participate in the adolescent parenting program established in chapter 19 of this title to the extent such program is available; and
(C) Provides rules and regulations which insure regular adult supervision.
(g) As a condition of eligibility for cash and medical assistance under this chapter, each adult member of the family has:
(1) Assigned to the state any rights to support for children within the family from any person which the family member has at the time the assignment is executed or may have while receiving assistance under this chapter;
(2) Consented to and is cooperating with the state in establishing the paternity of a child born out of wedlock with respect to whom assistance is claimed, and in obtaining support payments for such family member with respect to whom the aid is claimed, or in obtaining any other payments or property due any family member, unless the applicant is found to have good cause for refusing to comply with the requirements of this subsection.
Absent good cause for refusing to comply with the requirements of this subsection, the amount of cash to which a family is otherwise entitled shall be reduced by twenty-five percent (25%) until the adult member of the family who has refused to comply with the requirements of this subsection consents to and cooperates with the state in accordance with the requirements of this subsection.
(3) Consented to and is cooperating with the state in identifying, and providing information to assist the state in pursuing any third party who may be liable to pay for care and services under Title XIX of the Social Security Act, 42 U.S.C. section 1396 et seq.
SECTION
2. This article shall take effect upon passage.
ARTICLE 13
Relating To Motor Vehicle and Trailer Excise Tax
SECTION 1. Section
44-34.1-2 of the General Laws in Chapter 44-34.1 entitled “Motor Vehicle and
Trailer Excise Tax Elimination Act of 1998” is hereby amended to read as
follows:
44-34.1-2. City and town and fire district reimbursement. -- (a) In fiscal years 2000 through 2008, cities and towns and fire districts shall receive reimbursements, as set forth within, from state general revenues equal to the amount of lost tax revenue due to the phase out or reduction of the excise tax. Cities and towns and fire districts shall receive advance reimbursements through state fiscal year 2002. In the event the tax is phased out in fiscal year 2008, in fiscal year 2009, cities and towns and fire districts shall receive a permanent distribution of sales tax revenue pursuant to § 44-18-18 in an amount equal to any lost revenue resulting from the excise tax elimination. Lost revenues must be determined using a base tax rate fixed at fiscal year 1998 levels for each city, town, and fire district except that the Town of Johnston's base tax rate must be fixed at a fiscal year 1999 level.
(b) The director of administration shall determine the amount of general revenues to be distributed to each city and town and fire district for the fiscal years 1999 through 2008 so that every city and town and fire district is held harmless from tax loss resulting from this chapter, assuming that tax rates are indexed to inflation through fiscal 2003.
(2) The director of administration shall index the tax rates for inflation by applying the annual change in the December consumer price index – all urban consumers (CPI-U), published by the bureau of labor statistics of the United States department of labor, to the indexed tax rate used for the prior fiscal year calculation; provided that for state reimbursements in fiscal years 2004 and thereafter, the indexed tax rate shall not be subject to further CPI-U adjustments. The director shall apply the following principles in determining reimbursements:
(i) Exemptions granted by cities and towns and fire districts in the fiscal year 1998 must be applied to assessed values prior to applying the exemptions in § 44-34.1-1(c)(1). Cities and towns and fire districts will not be reimbursed for these exemptions.
(ii) City, town, and fire districts shall be reimbursed by the state for revenue losses attributable to the exemptions provided for in § 44-34.1-1 and the inflation indexing of tax rates through fiscal 2003; provided, however, that reimbursement for revenue losses shall be calculated based upon the difference between the maximum taxable value less personal exemptions and the net assessed value.
(iii) Inflation reimbursements shall be the difference between:
(A) The levy calculated at the tax rate used by each city and town and fire district for fiscal year 1998 after adjustments for personal exemptions but prior to adjustments for exemptions contained in § 44-34.1-1(c)(1); provided, however, that for the Town of Johnston the tax rate used for fiscal year 1999 must be used for the calculation; and
(B) The levy calculated by applying the appropriate cumulative inflation adjustment through state fiscal 2003 to the tax rate used by each city and town and fire district for fiscal year 1998; provided, however, that for the Town of Johnston the tax rate used for fiscal year 1999 shall be used for the calculation after adjustments for personal exemptions but prior to adjustments for exemptions contained in § 44-34.1-1.
(c) Funds shall be distributed to the cities and towns and fire districts as follows:
(i) On October 20, 1998, and each October 20 thereafter through October 20, 2001, twenty-five percent (25%) of the amount calculated by the director of administration to be the difference for the upcoming fiscal year.
(ii) On February 20, 1999, and each February 20 thereafter through February 20, 2002, twenty-five percent (25%) of the amount calculated by the director of administration to be the difference for the upcoming fiscal year.
(iii) On June 20, 1999, and each June 20 thereafter through June 20, 2002, fifty percent (50%) of the amount calculated by the director of administration to be the difference for the upcoming fiscal year.
(iv) On August 1, 2002 and each August 1 thereafter through August 1, 2007, twenty-five percent (25%) of the amount calculated by the director of administration to be the difference for the current fiscal year.
(v) On November 1, 2002 and each November 1 thereafter through November 1, 2007, twenty-five percent (25%) of the amount calculated by the director of administration to be the difference for the current fiscal year.
(vi) On February 1, 2003 and each February 1 thereafter through February 1, 2008, twenty-five percent (25%) of the amount calculated by the director of administration to be the difference for the current fiscal year.
(vii) On May 1, 2003 and each May 1 thereafter through May 1, 2008, twenty-five percent (25%) of the amount calculated by the director of administration to be the difference for the current fiscal year.
Provided, however, the February and May payments shall be subject to submission of final certified and reconciled motor vehicle levy information.
(2) Each city, town, or fire district shall submit final certified and reconciled motor vehicle levy information by August 30 of each year. Any adjustment to the estimated amounts paid in the previous fiscal year shall be included or deducted from the payment due November 1.
(3) On any of the payment dates specified in paragraphs (c)(1)(i) through (vii), the director is authorized to deduct previously made over-payments or add supplemental payments as may be required to bring the reimbursements into full compliance with the requirements of this chapter.
(4) For the city of East Providence, the payment schedule is twenty-five percent (25%) on February 20, 1999 and each February 20 thereafter through February 20, 2002, twenty-five percent (25%) on June 20, 1999 and each June 20 thereafter through June 20, 2002, which includes final reconciliation of the previous year's payment, and fifty percent (50%) on October 20, 1999 and each October 20 thereafter through October 20, 2002. For local fiscal years 2003 through 2008, the payment schedule is twenty-five percent (25%) on each November 1, twenty-five percent (25%) on each February 1, twenty-five percent (25%) on each May 1, which includes final reconciliation of the previous year's payment, and twenty-five percent (25%) on each August 1; provided, however, the May and August payments shall be subject to submission of final certified and reconciled motor vehicle levy information.
(5) In the event the tax is phased out in fiscal year 2008, funds
distributed to the cities, towns, and fire districts for fiscal year 2009 shall
be calculated as the funds distributed in fiscal year 2008 adjusted by the
change in the consumer price index all urban consumers (CPI-U) published by the
bureau of labor statistics of the United States department of labor from June
2007 to June 2008. Twenty-five percent (25%) of the amounts calculated shall
be distributed to the cities and towns and fire districts on August 1, 2008,
twenty-five percent (25%) on November 1, 2008, twenty-five percent (25%) on
February 1, 2009, and twenty-five percent (25%) on May 1, 2009. The funds shall
be distributed to each city and town and fire district in the same proportion
as distributed in fiscal year 2008.
(6) In the event the tax is phased out in fiscal year 2008, to August 1, 2009, the director of administration shall calculate to the nearest tenth of one cent (0.1¢) the number of cents of sales tax received for the fiscal year ending June 30, 2009, equal to the amount of funds distributed to the cities, towns, and fire districts under this chapter during fiscal year 2009, and the percent of the total funds distributed in fiscal year 2009, received by each city, town, and fire district, calculated to the nearest one-hundredth of one percent (0.01%). The director of administration shall transmit those calculations to the governor, the speaker of the house, the president of the senate, the chairperson of the house finance committee, the chairperson of the senate finance committee, the house fiscal advisor, and the senate fiscal advisor. The number of cents, applied to the sales taxes received for the prior fiscal year, shall be the basis for determining the amount of sales tax to be distributed to the cities and towns and fire districts under this chapter for fiscal year 2010, and each year thereafter. The cities and towns and fire districts shall receive that amount of sales tax in the proportions calculated by the director of administration as that received in fiscal year 2009.
(7) In the event the tax is phased out in fiscal year 2008, twenty-five percent (25%) of the funds shall be distributed to the cities, towns, and fire districts on August 1, 2009, and every August 1 thereafter; twenty-five percent (25%) shall be distributed on November 1, 2009, and every November 1 thereafter; twenty-five percent (25%) shall be distributed on February 1, 2010, and every February 1 thereafter; and twenty-five percent (25%) shall be distributed on May 1, 2010, and every May 1 thereafter.
(8) For the city of East Providence, in the event the tax is phased out in fiscal year 2008, twenty-five percent (25%) shall be distributed on November 1, 2009 and every November 1 thereafter, twenty-five percent (25%) shall be distributed on February 1, 2010 and every February 1 thereafter; twenty-five percent (25%) shall be distributed on May 1, 2010, and every May 1 thereafter; and twenty-five percent (25%) of the funds shall be distributed on August 1, 2010 and every August 1 thereafter.
(9) As provided for in § 44-34-6, the authority of fire districts to tax motor vehicles is eliminated effective with the year 2000 tax roll and the state reimbursement for fire districts shall be based on the provisions of § 44-34-6. All references to fire districts in this chapter do not apply to the year 2001 tax roll and thereafter.
SECTION 2. This article shall take effect as of July 1, 2003.
ARTICLE 14
RELATING TO ENVIRONMENTAL MANAGEMENT
SECTION 1. Section 42-17.1-2 of
the General Laws in Chapter 42 entitled "Powers and duties" is hereby
amended to read as follows:
42-17.1-2. Powers and duties. -- The director of environmental
management shall have the following powers and duties:
(a) To supervise and control the protection, development, planning, and
utilization of the natural resources of the state, such resources, including
but not limited to, water, plants, trees, soil, clay, sand, gravel, rocks and
other minerals, air, mammals, birds, reptiles, amphibians, fish, shellfish, and
other forms of aquatic, insect, and animal life;
(b) To exercise all functions, powers, and duties heretofore vested in
the department of agriculture and conservation, and in each of the divisions of
the department, such as the promotion of agriculture and animal husbandry in
their several branches, including the inspection and suppression of contagious
diseases among animals, the regulation of the marketing of farm products, the
inspection of orchards and nurseries, the protection of trees and shrubs from
injurious insects and diseases, protection from forest fires, the inspection of
apiaries and the suppression of contagious diseases among bees, prevention of
the sale of adulterated or misbranded agricultural seeds, promotion and
encouragement of the work of farm bureaus in cooperation with the University of
Rhode Island, farmers' institutes and the various organizations established for
the purpose of developing an interest in agriculture, together with such other
agencies and activities as the governor and the general assembly may from time
to time place under the control of the department, and as heretofore vested by
such of the following chapters and sections of the general laws as are
presently applicable to the department of environmental management and which
were previously applicable to the department of natural resources and the
department of agriculture and conservation or to any of its divisions: chapters
1 through 22, inclusive, as amended, in title 2 entitled "Agriculture and
Forestry;" chapters 1 through 17, inclusive, as amended, in title 4
entitled "Animals and Animal Husbandry;" chapters 1 through 19,
inclusive, as amended, in title 20 entitled "Fish and Wildlife;"
chapters 1 through 32, inclusive, as amended, in title 21 entitled "Food
and Drugs;" chapter 7 of title 23 as amended, entitled "Mosquito
Abatement;" and by any other general or public law relating to the
department of agriculture and conservation or to any of its divisions or
bureaus;
(c) To exercise all the functions, powers, and duties heretofore vested
in the division of parks and recreation of the department of public works by
chapters 1, 2, and 5 in title 32 entitled "Parks and Recreational Areas;"
by chapter 22.5 of title 23, as amended, entitled "Drowning Prevention and
Lifesaving;" and by any other general or public law relating to the
division of parks and recreation;
(d) To exercise all the functions, powers, and duties heretofore vested
in the division of harbors and rivers of the department of public works, or in
the department itself by such as were previously applicable to the division or
the department, of chapters 1 through 22 and sections thereof, as amended, in
title 46 entitled "Waters and Navigation"; and by any other general
or public law relating to the division of harbors and rivers;
(e) To exercise all the functions, powers and duties heretofore vested in
the department of health by chapters 25, 18.9, and 19.5 of title 23, as amended,
entitled "Health and Safety;" and by chapters 12 and 16 of title 46,
as amended, entitled "Waters and Navigation"; by chapters 3, 4, 5, 6,
7, 9, 11, 13, 18, and 19 of title 4, as amended, entitled "Animals and
Animal Husbandry;" and those functions, powers, and duties specifically
vested in the director of environmental management by the provisions of §
21-2-22, as amended, entitled "Inspection of Animals and Milk;"
together with other powers and duties of the director of the department of
health as are incidental to or necessary for the performance of the functions
transferred by this section;
(f) To cooperate with the Rhode Island Economic Development Corporation
in its planning and promotional functions, particularly in regard to those
resources relating to agriculture, fisheries, and recreation;
(g) To cooperate with, advise, and guide conservation commissions of
cities and towns created under chapter 35 of title 45 entitled
"Conservation Commissions", as enacted by chapter 203 of the Public
Laws, 1960;
(h) 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, except as hereinafter limited;
(i) To cooperate with the water resources board and to provide to the
board facilities, administrative support, staff services, and such other
services as the board shall reasonably require for its operation and, in
cooperation with the board and the statewide planning program to formulate and
maintain a long range guide plan and implementing program for development of
major water sources transmissions systems needed to furnish water to regional
and local distribution systems;
(j) To cooperate with the solid waste management corporation and to
provide to the corporation such facilities, administrative support, staff
services and such other services within the department as the corporation shall
reasonably require for its operation;
(k) To provide for the maintenance of waterways and boating facilities,
consistent with chapter 6.1 of title 46, by: (1) establishing minimum standards
for upland beneficial use and disposal of dredged material; (2) promulgating
and enforcing rules for water quality, ground water protection, and fish and
wildlife protection pursuant to § 42-17.1-24; (3) planning for the upland
beneficial use and/or disposal of dredged material in areas not under the
jurisdiction of the council pursuant to § 46-23-6(2); and (4) cooperating with
the coastal resources management council in the development and implementation
of comprehensive programs for dredging as provided for in §§ 46-23-6(1)(ii)(H)
and 46-23-18.3; and (5) monitoring dredge material management and disposal
sites in accordance with the protocols established pursuant to § 46-6.1-5(3) and
the comprehensive program provided for in § 46-23-6(1)(ii)(H); no powers or
duties granted herein shall be construed to abrogate the powers or duties
granted to the coastal resources management council under chapter 23 of title
46, as amended;
(l) To establish minimum standards, subject to the approval of the
environmental standards board, relating to the location, design, construction
and maintenance of all sewage disposal systems;
(m) To enforce, by such means as provided by law, the standards for the quality
of air, and water, and the design, construction and operation of all sewage
disposal systems; any order or notice issued by the director relating to the
location, design, construction or maintenance of a sewage disposal system shall
be eligible for recordation under chapter 13 of title 34. The director shall
forward the order or notice to the city or town wherein the subject property is
located and the order or notice shall be recorded in the general index by the
appropriate municipal official in the land evidence records in the city or town
wherein the subject property is located. Any subsequent transferee of that
property shall be responsible for complying with the requirements of the order
or notice. Upon satisfactory completion of the requirements of the order or
notice, the director shall provide written notice of the same, which notice
shall be similarly eligible for recordation. The original written notice shall
be forwarded to the city or town wherein the subject property is located and
the notice of satisfactory completion shall be recorded in the general index by
the appropriate municipal official in the land evidence records in the city or
town wherein the subject property is located. A copy of the written notice
shall be forwarded to the owner of the subject property within five (5) days of
a request for it, and, in any event, shall be forwarded to the owner of the
subject property within thirty (30) days after correction;
(n) To establish minimum standards for the establishment and maintenance
of salutary environmental conditions;
(o) To establish and enforce minimum standards for permissible types of
septage, industrial waste disposal sites and waste oil disposal sites;
(p) To establish minimum standards subject to the approval of the environmental
standards board for permissible types of refuse disposal facilities, the
design, construction, operation, and maintenance of disposal facilities; and
the location of various types of facilities;
(q) To exercise all functions, powers, and duties necessary for the
administration of chapter 19.1 of title 23 entitled "Rhode Island
Hazardous Waste Management Act.";
(r) To designate in writing any person in any department of the state
government or any official of a district, county, city, town, or other
governmental unit, with that official's consent, to enforce any rule,
regulation, or order promulgated and adopted by the director under any
provision of law, provided, however, that enforcement of powers of the coastal
resources management council shall be assigned only to employees of the
department of environmental management, except by mutual agreement or as
otherwise provided in chapter 23 of title 46.
(s) To issue and enforce such rules, regulations, and orders as may be necessary
to carry out the duties assigned to the director and the department by any
provision of law; and to conduct such investigations and hearings and to issue,
suspend, and revoke such licenses as may be necessary to enforce those rules,
regulations, and orders;
(1) Notwithstanding the provisions of § 42-35-9 to the contrary, no
informal disposition of a contested licensing matter shall occur where
resolution substantially deviates from the original application unless all
interested parties shall be notified of said proposed resolution and provided
with opportunity to comment upon said resolution pursuant to applicable law and
any rules and regulations established by the director.
(t) To enter, examine or survey at any reasonable time such places as the
director deems necessary to carry out his or her responsibilities under any
provision of law subject to the following provisions:
(1) For criminal investigations, the director shall, pursuant to chapter
5 of title 12, seek a search warrant from an official of a court authorized to
issue warrants, unless a search without a warrant is otherwise allowed or
provided by law;
(2)(A) All administrative inspections shall be conducted pursuant to
administrative guidelines promulgated by the department in accordance with
chapter 35 of title 42.
(B) A warrant shall not be required for administrative inspections if
conducted under the following circumstances, in accordance with the applicable
constitutional standards:
(i) For closely regulated industries;
(ii) In situations involving open fields or conditions that are in plain
view;
(iii) In emergency situations;
(iv) In situations presenting an imminent threat to the environment or
public health, safety or welfare;
(v) If the owner, operator, or agent in charge of the facility, property,
site or location consents; or
(vi) In other situations in which a warrant is not constitutionally
required.
(C) Whenever it shall be constitutionally or otherwise required by law,
or whenever the director in his or her discretion deems it advisable, an
administrative search warrant, or its functional equivalent, may be obtained by
the director from a neutral magistrate for the purpose of conducting an
administrative inspection. The warrant shall be issued in accordance with the
applicable constitutional standards for the issuance of administrative search
warrants. The administrative standard of probable cause, not the criminal
standard of probable cause, shall apply to applications for administrative
search warrants.
(i) The need for, or reliance upon, an administrative warrant shall not
be construed as requiring the department to forfeit the element of surprise in
its inspection efforts.
(ii) An administrative warrant issued pursuant to this subsection must be
executed and returned within ten (10) days of its issuance date unless, upon a
showing of need for additional time, the court orders otherwise.
(iii) An administrative warrant may authorize the review and copying of
documents that are relevant to the purpose of the inspection. If documents must
be seized for the purpose of copying, and the warrant authorizes such seizure,
the person executing the warrant shall prepare an inventory of the documents
taken. The time, place and manner regarding the making of the inventory shall
be set forth in the terms of the warrant itself, as dictated by the court. A
copy of the inventory shall be delivered to the person from whose possession or
facility the documents were taken. The seized documents shall be copied as soon
as feasible under circumstances preserving their authenticity, then returned to
the person from whose possession or facility the documents were taken.
(iv) An administrative warrant may authorize the taking of samples of
air, water or soil or of materials generated, stored or treated at the
facility, property, site or location. Upon request, the department shall make
split samples available to the person whose facility, property, site or
location is being inspected.
(v) Service of an administrative warrant may be required only to the
extent provided for in the terms of the warrant itself, by the issuing court.
(D) Penalties. Any willful and unjustified refusal of right of entry and
inspection to department personnel pursuant to an administrative warrant shall
constitute a contempt of court and shall subject the refusing party to
sanctions, which in the courts discretion may result in up to six (6) months
imprisonment and/or a monetary fine of up to ten thousand dollars ($10,000) per
refusal.
(u) To give notice of an alleged violation of law to the person
responsible therefor whenever the director determines that there are reasonable
grounds to believe that there is a violation of any provision of law within his
or her jurisdiction or of any rule or regulation adopted pursuant to authority
granted to him or her, unless other notice and hearing procedure is
specifically provided by that law. Nothing in this chapter shall limit the
authority of the attorney general to prosecute offenders as required by law.
(1) The notice shall provide for a time within which the alleged
violation shall be remedied, and shall inform the person to whom it is directed
that a written request for a hearing on the alleged violation may be filed with
the director within ten (10) days after service of the notice. The notice will
be deemed properly served upon a person if a copy thereof is served him or her
personally, or sent by registered or certified mail to his or her last known
address, or if he or she is served with notice by any other method of service
now or hereafter authorized in a civil action under the laws of this state. If
no written request for a hearing is made to the director within ten (10) days
of the service of notice, the notice shall automatically become a compliance
order.
(2)(A) Whenever the director determines that there exists a violation of
any law, rule, or regulation within his or her jurisdiction which requires
immediate action to protect the environment, he or she may, without prior
notice of violation or hearing, issue an immediate compliance order stating the
existence of the violation and the action he or she deems necessary. The
compliance order shall become effective immediately upon service or within such
time as is specified by the director in such order. No request for a hearing on
an immediate compliance order may be made.
(B) Any immediate compliance order issued under this section without
notice and prior hearing shall be effective for no longer than forty-five (45)
days, provided, however, that for good cause shown the order may be extended
one additional period not exceeding forty-five (45) days.
(3) If a person upon whom a notice of violation has been served under the
provisions of this section or if a person aggrieved by any such notice of
violation requests a hearing before the director within ten (10) days of the
service of notice of violation, the director shall set a time and place for the
hearing, and shall give the person requesting that hearing at least five (5)
days written notice thereof. After the hearing, the director may make findings
of fact and shall sustain, modify, or withdraw the notice of violation. If the
director sustains or modifies the notice, that decision shall be deemed a
compliance order and shall be served upon the person responsible in any manner
provided for the service of the notice in this section.
(4) The compliance order shall state a time within which the violation
shall be remedied, and the original time specified in the notice of violation
shall be extended to the time set in the order.
(5) Whenever a compliance order has become effective, whether
automatically where no hearing has been requested, where an immediate
compliance order has been issued, or upon decision following a hearing, the
director may institute injunction proceedings in the superior court of the
state for enforcement of the compliance order and for appropriate temporary
relief, and in that proceeding the correctness of a compliance order shall be
presumed and the person attacking the order shall bear the burden of proving
error in the compliance order, except that the director shall bear the burden
of proving in the proceeding the correctness of an immediate compliance order.
The remedy provided for in this section shall be cumulative and not exclusive and
shall be in addition to remedies relating to the removal or abatement of
nuisances or any other remedies provided by law.
(6) Any party aggrieved by a final judgment of the superior court may,
within thirty (30) days from the date of entry of such judgment, petition the
supreme court for a writ of certiorari to review any questions of law. The
petition shall set forth the errors claimed. Upon the filing of the petition
with the clerk of the supreme court, the supreme court may, if it sees fit,
issue its writ of certiorari;
(v) To impose administrative penalties in accordance with the provisions
of chapter 17.6 of this title and to direct that such penalties be paid into
the account established by subsection (z) of this section; and
(w) The following definitions shall apply in the interpretation of the
provisions of this chapter:
(1) Director: The term director shall mean the director of environmental
management of the state of Rhode Island or his or her duly authorized agent.
(2) Person: The term person shall include any individual, group of
individuals, firm, corporation, association, partnership or private or public
entity, including a district, county, city, town, or other governmental unit or
agent thereof, and in the case of a corporation, any individual having active
and general supervision of the properties of such corporation.
(3) Service: (a) Service upon a corporation under this section shall be
deemed to include service upon both the corporation and upon the person having
active and general supervision of the properties of such corporation.
(b) For purposes of calculating the time within which a claim for a
hearing is made pursuant to § 42-17.1-2(u)(1) heretofore, service shall be
deemed to be the date of receipt of such notice or three (3) days from the date
of mailing of said notice, whichever shall first occur.
(x)(1) To conduct surveys of the present private and public camping and
other recreational areas available and to determine the need for and location
of such other camping and recreational areas as may be deemed necessary and in
the public interest of the state of Rhode Island and to report back its
findings on an annual basis to the general assembly on or before March 1 of
every year;
(2) Additionally, the director of the department of environmental
management shall take such additional steps, including but not limited to,
matters related to funding as may be necessary to establish such other
additional recreational facilities and areas as are deemed to be in the public
interest.
y)(1) To apply for and accept grants
and bequests of funds with the approval of the director of administration from
other states, interstate agencies and independent authorities, and private
firms, individuals and foundations, for the purpose of carrying out his or her
lawful responsibilities. The funds shall be deposited as general revenues
and appropriations made with the general treasurer in a
restricted receipt account created in the Natural Resources Program for funds
made available for that program's purposes or in a restricted receipt account
created in the Environmental Protection Program for funds made available for
that program's purposes. All
expenditures from the accounts shall be subject to appropriation by the general
assembly, and shall be expended in accordance with the provisions of the
grant or bequest. In the event that a donation or bequest is
unspecified or in the event that the trust account balance shows a surplus
after the project as provided for in the grant or bequest has been completed,
the director may utilize said appropriated unspecified or appropriated surplus
funds for enhanced management of the department’s forest and outdoor public
recreation areas, or other projects or programs that promote the accessibility
of recreational opportunities for Rhode Island residents and visitors.
(y)(2) The director shall
submit to the House Fiscal Advisor and the Senate Fiscal Advisor, by October 1
of each year, a detailed report on the amount of funds received and the uses
made of such funds.
(z) To establish fee schedules by regulation with the approval of the
governor for the processing of applications and the performing of related
activities in connection with the department's responsibilities pursuant to
subdivision (1) of this section, chapter 19.1 of title 23 as it relates to
inspections performed by the department to determine compliance with chapter
19.1 and rules and regulations promulgated in accordance therewith, chapter
18.9 of title 23 as it relates to inspections performed by the department to
determine compliance with chapter 18.9 and the rules and regulations
promulgated in accordance therewith, chapters 19.5 and 23 of title 23; chapter
12 of title 46 insofar as it relates to water quality certifications and
related reviews performed pursuant to provisions of the federal Clean Water
Act, the regulation and administration of underground storage tanks and all
other programs administered under chapter 12 of title 46 and § 2-1-18 et seq.,
and chapter 13.1 of title 46 insofar as it relates to any reviews and related
activities performed under the provisions of the Groundwater Protection Act,
and chapter 17.7 of this title insofar as it relates to administrative appeals
of all enforcement, permitting and licensing matters to the administrative
adjudication division for environmental matters. Two fee ranges shall be
required: for "Appeal of enforcement actions", a range of fifty
dollars ($50) to one hundred dollars ($100), and for "Appeal of application
decisions", a range of five hundred dollars ($500) to ten thousand dollars
($10,000). The monies from the administrative adjudication fees will be
deposited as general revenues and the amounts appropriated shall be used for
the costs associated with operating the administrative adjudication division.
There is hereby established an account within the general fund to be
called the water and air protection program. The account shall consist of sums
appropriated for water and air pollution control and waste monitoring programs
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 properly
authenticated vouchers. All amounts collected under the authority of this
subdivision for the sewage disposal system program and fresh waters wetlands
program will be deposited as general revenues and the amounts appropriated
shall be used for the purposes of administering and operating the programs. The
director shall submit to the house fiscal advisor and the senate fiscal advisor
by January 15 of each year a detailed report on the amount of funds obtained
from fines and fees and the uses made of such funds.
(aa) To establish and maintain a list or inventory of areas within the
state worthy of special designation as "scenic" to include but not be
limited to certain state roads or highways, scenic vistas and scenic areas, and
to make the list available to the public.
(bb) To establish and maintain an inventory of all interests in land held
by public and private land trust and to exercise all powers vested herein to
insure the preservation of all identified lands.
(1) The director may promulgate and enforce rules and regulations to
provide for the orderly and consistent protection, management, continuity of
ownership and purpose, and centralized records-keeping for lands, water, and
open spaces owned in fee or controlled in full or in part through other
interests, rights, or devices such as conservation easements or restrictions,
by private and public land trusts in Rhode Island. The director may charge a
reasonable fee for filing of each document submitted by a land trust.
(2) The term "public land trust" means any public
instrumentality created by a Rhode Island municipality for the purposes stated
herein and financed by means of public funds collected and appropriated by the
municipality. The term "private land trust" means any group of five
(5) or more private citizens of Rhode Island who shall incorporate under the
laws of Rhode Island as a nonbusiness corporation for the purposes stated
herein, or a national organization such as the nature conservancy. The main
purpose of either a public or a private land trust shall be the protection,
acquisition, or control of land, water, wildlife, wildlife habitat, plants,
and/or other natural features, areas, or open space for the purpose of managing
or maintaining, or causing to be managed or maintained by others, the land,
water, and other natural amenities in any undeveloped and relatively natural
state in perpetuity. A private land trust must be granted exemption from
federal income tax under Internal Revenue Code 501c(3) [26 U.S.C. § 501(c)(3)]
within two (2) years of its incorporation in Rhode Island or it may not
continue to function as a land trust in Rhode Island. A private land trust may
not be incorporated for the exclusive purpose of acquiring or accepting
property or rights in property from a single individual, family, corporation,
business, partnership, or other entity. Membership in any private land trust
must be open to any individual subscribing to the purposes of the land trust
and agreeing to abide by its rules and regulations including payment of
reasonable dues.
(3)(A) Private land trusts will, in their articles of association or
their by-laws, as appropriate, provide for the transfer to an organization
created for the same or similar purposes the assets, lands and land rights and
interests held by the land trust in the event of termination or dissolution of
the land trust.
(B) All land trusts, public and private, will record in the public
records of the appropriate towns and cities in Rhode Island all deeds,
conservation easements or restrictions or other interests and rights acquired
in land and will also file copies of all such documents and current copies of
their articles of association, their by-laws, and annual reports with the
secretary of state, and with the director of the Rhode Island department of
environmental management. The director is hereby directed to establish and
maintain permanently a system for keeping records of all private and public
land trust land holdings in Rhode Island.
(cc) The director will contact in writing, not less often than once every
two (2) years, each public or private land trust to ascertain: that all lands
held by the land trust are recorded with the director; the current status and
condition of each land holding; that any funds or other assets of the land
trust held as endowment for specific lands have been properly audited at least
once within the two (2) year period; the name of the successor organization
named in the public or private land trust's by-laws or articles of association;
and any other information the director deems essential to the proper and
continuous protection and management of land and interests or rights in land
held by the land trust.
In the event that the director determines that a public or private land
trust holding land or interest in land appears to have become inactive, he or
she shall initiate proceedings to effect the termination of the land trust and
the transfer of its lands, assets, land rights, and land interests to the
successor organization named in the defaulting trust's by-laws or articles of
association or to another organization created for the same or similar
purposes. Should such a transfer not be possible, then the land trust, assets,
and interest and rights in land will be held in trust by the state of Rhode Island
and managed by the director for the purposes stated at the time of original
acquisition by the trust. Any trust assets or interests other than land or
rights in land accruing to the state under such circumstances will be held and
managed as a separate fund for the benefit of the designated trust lands.
(dd) Consistent with federal standards, issue and enforce such rules,
regulations and orders as may be necessary to establish requirements for
maintaining evidence of financial responsibility for taking corrective action
and compensating third parties for bodily injury and property damage caused by
sudden and non-sudden accidental releases arising from operating underground
storage tanks.
(ee) To enforce, by such means as provided by law, the standards for the
quality of air, and water, and the location, design, construction and operation
of all underground storage facilities used for storing petroleum products or
hazardous materials; any order or notice issued by the director relating to the
location, design construction, operation or maintenance of an underground
storage facility used for storing petroleum products or hazardous materials
shall be eligible for recordation under chapter 13 of title 34. The director
shall forward the order or notice to the city or town wherein the subject
facility is located, and the order or notice shall be recorded in the general
index by the appropriate municipal officer in the land evidence records in the
city or town wherein the subject facility is located. Any subsequent transferee
of that facility shall be responsible for complying with the requirements of
the order or notice. Upon satisfactory completion of the requirements of the
order or notice, the director shall provide written notice of the same, which
notice shall be eligible for recordation. The original written notice shall be
forwarded to the city or town wherein the subject facility is located, and the
notice of satisfactory completion shall be recorded in the general index by the
appropriate municipal official in the land evidence records in the city or town
wherein the subject facility is located. A copy of the written notice shall be
forwarded to the owner of the subject facility within five (5) days of a
request for it, and, in any event, shall be forwarded to the owner of the
subject facility within thirty (30) days after correction.
SECTION 2. This article
shall take effect upon passage.
ARTICLE 15
RELATING TO PUBLIC UTILITIES AND CARRIERS -- DUTIES OF UTILITIES
AND CARRIERS
SECTION
1. Section 39-2-1.4 of the General Laws in Chapter
39-2 entitled "Duties of Utilities and Carriers" is hereby amended to
read as follows:
39-2-1.4. Reasonable backup or supplemental rates. -- (a) Electricity produced by cogeneration and small power production can be of benefit to the public as part of the total energy supply of the entire electric grid of the state or consumed by a cogenerator or small power producer. Subject to compliance with applicable rules governing such service, public utilities shall provide transmission or distribution service to enable a retail customer to transmit electrical power generated by the customer at one location to the customer's facilities at another location, if the commission finds that the provision of this service, and the charges, terms, and other conditions associated with the provision of this service, are not likely to result in higher cost electric service to the utility's general body of retail and wholesale customers or adversely affect the adequacy or reliability of electric service to all customers.
(b) Each electric distribution company shall provide backup and supplemental service to any customer who is self-generating electricity and meets reasonable interconnection requirements designed to protect the distribution and transmission system. The commission shall ensure that backup and supplemental rates made, exacted, demanded or collected by any public utility from a customer who is self-generating shall be just and reasonable and may not be unduly discriminatory. Any backup and supplemental rate tariffs in effect as of May 2002 may remain in effect as designed through December 31, 2004. Commencing January 1, 2005, the backup and supplemental rates shall be cost based but may be discounted as provided for in subsection (c) of this section. Provided, however, that the John O. Pastore Center power plant shall be exempt from said backup or supplemental rates from July 1, 2003 to June 30, 2004.
(c) Notwithstanding the rate design criteria set forth in subsection (b) of this section, the commission may permit or require discounted backup distribution service rates in order to encourage economically efficient cogeneration or small power production projects if it finds these discounts to be in the public interest, provided, however, that any revenue not recovered by the electric distribution company as a result of these discounted distribution rates shall be accounted for and recovered in the rates assessed on all customers. The commission shall, in determining the public interest in distributed generating facilities, consider reduced environmental impacts, increased energy efficiency, reduced transmission losses and congestion, effects on electric system reliability and other factors the commission may deem relevant.
(d) The provisions of this section shall be effective as of January 1, 2005.
SECTION
2. This article shall take effect on July 1, 2003.
ARTICLE 16
RELATING
TO STATE AID
SECTION 1.
Section 45-13-1 of the General Laws in Chapter 45-13 entitled “State Aid” is
hereby amended to read as follows:
45-13-1. Apportionment of annual appropriation for state aid. -- (a) As used in this chapter, the following words and terms have the following meanings:
(1) "Population" means the most recent estimates of population for each city and town as reported by the United States department of commerce, bureau of the census.
(2) "Income" means the most recent estimate of per-capita income for a city, town or county as reported by the United States department of commerce, bureau of the census.
(3) "Tax effort" means the total taxes imposed by a city or town for public purposes or the totals of those taxes for the cities or towns within a county (except employee and employer assessments and contributions to finance retirement and social insurance systems and other special assessments for capital outlay) determined by the United States secretary of commerce for general statistical purposes and adjusted to exclude amounts properly allocated to education expenses.
(4) "Reference year" means the second fiscal year preceding the beginning of the fiscal year in which the distribution of state aid to cities and towns is made.
(b) Aid to cities and towns shall be apportioned as follows: For each county, city or town, let R be the tax effort divided by the square of per capita income, i.e., R = (tax effort)/(income x income).
The amount to be allocated to the counties shall be apportioned in the ratio of the value of R for each county divided by the sum of the values of R for all five (5) counties.
The amount to be allocated for all cities and for all towns within a county shall be the allocation for that county apportioned proportionally to the total tax effort of the towns and cities in that county.
The amount to be allocated to any city or town is the amount allocated to all cities or all towns within the county apportioned in the ratio of the value of R for that city (or town) divided by the sum of the values of R for all cities (or all towns) in that county; provided, further, that no city or town shall receive an entitlement in excess of one hundred forty-five percent (145%) of that city or town's population multiplied by the average per capita statewide amount of the annual appropriation for state aid to cities and towns. Any excess entitlement shall be allocated to the remainder of the cities and towns in the respective county in accordance with the provisions of this section.
For fiscal year 2004, notwithstanding the provisions of
subsection (a), aid calculations shall be based on a blended rate of ninety
percent (90%) of the data from the 1990 census and ten percent (10%) of the
data from the 2000 census. In each of
the succeeding nine (9) fiscal years, the calculations shall be based on a
blended rate that increases the percentage of data utilized from the 2000
census by ten percent (10%) from the previous year and decreases the percentage
of the data utilized from the 1990 census by ten percent (10%) from the
previous year.
(c) The total amount of aid to be apportioned pursuant to subsection (b) above shall be specified in the annual appropriation act of the state and shall be equal to the following:
(i) For fiscal years ending June 30, 1994 through June 30, 1998, the total amount of aid shall be based upon one percent (1%) of total state tax revenues in the reference year.
(ii) For the fiscal year ending June 30, 1999, the total amount of aid shall be based upon one and three-tenths percent (1.3%) of total state tax revenues in the reference year.
(iii) For the fiscal year ending June 30, 2000, the total amount of aid shall be based upon one and seven-tenths percent (1.7%) of total state tax revenues in the reference year.
(iv) For the fiscal year ending June 30, 2001, the total amount of aid shall be based upon two percent (2.0%) of total state tax revenues in the reference year.
(v) For the fiscal year ending June 30, 2002, the total amount of aid shall be based upon two and four-tenths percent (2.4%) of total state tax revenues in the reference year.
(vi) For the fiscal year ending June 30, 2003, the total amount of aid shall be based upon two and four-tenths percent (2.4%) of total state tax revenues in the reference year.
(vii) For the fiscal year ending June 30, 2004, the total amount of aid shall be based upon two and seven-tenths percent (2.7%) of total state tax revenues in the reference year.
(viii) For the fiscal year ending June 30, 2005, the total amount of aid shall be based upon three percent (3.0%) of total state tax revenues in the reference year.
(ix) For the fiscal year ending June 30, 2006, the total amount of aid shall be based upon three and four-tenths percent (3.4%) of total state tax revenues in the reference year.
(x) For the fiscal year ending June 30, 2007, the total amount of aid shall be based upon three and seven-tenths percent (3.7%) of total state tax revenues in the reference year.
(xi) For the fiscal year ending June 30, 2008, the total amount of aid shall be based upon four and one-tenths percent (4.1%) of total state tax revenues in the reference year.
(xii) For the fiscal year ending June 30, 2009, the total amount of aid shall be based upon four and four-tenths percent (4.4%) of total state tax revenues in the reference year.
(xiii) For the fiscal year ending June 30, 2010, the total amount of aid shall be based upon four and seven-tenths percent (4.7%) of total state tax revenues in the reference year.
(d) The assent of two-thirds (2/3) of the members elected to each house of the general assembly shall be required to repeal or amend this section.
SECTION
2. This article shall take effect on July 1, 2003.
ARTICLE 17
Relating To Licensing of child care providers
SECTION
1. Sections 42-72.1-1 and 42-72.1-5 of the General
Laws in Chapter 42-72.1 entitled "Licensing and Monitoring of Child Care
Providers and Child-Placing Agencies" are hereby amended to read as
follows:
42-72.1-1. Statement of purpose. -- (a) The director of the department of children, youth, and families, pursuant to section 42-72-5(b)(7) and section 42-72-5(b)(24), shall establish within the department a unit to license and monitor child care providers and child-placing agencies, to protect the health, safety and well being of children temporarily separated from or being cared for away from their natural families.
(b) Services for children requiring licensure under this chapter shall include all child care providers and child placing agencies which offer services within the state, except as defined in section 42-72.1-5.
42-72.1-5. General licensing provisions. -- The following general licensing provisions shall apply:
(1) A license issued under this chapter is not transferable and applies only to the licensee and the location stated in the application and remains the property of the department. A license shall be publicly displayed. A license shall be valid for one year from the date of issue and upon continuing compliance with the regulations, except that a certificate issued to a family day care home, a license issued to a foster parent, and/or a license issued to a program for mental health services for “seriously emotionally disturbed children” as defined in section 42-72-5(b)(24) shall be valid for two (2) years from date of issue.
(2) A licensee shall comply with applicable state fire and health safety standards.
(3) The department may grant a provisional license to an applicant, excluding any foster parent applicant, who is not able to demonstrate compliance with all of the regulations because the program or residence is not in full operation; however, the applicant must meet all regulations that can be met in the opinion of the administrator before the program is fully operational. The provisional license shall be granted for a limited period not to exceed six (6) months and shall be subject to review every three (3) months.
(4) The department may grant a probationary license to a licensee who is temporarily unable to comply with a rule or rules when the noncompliance does not present an immediate threat to the health and well-being of the children, and when the licensee has obtained a plan approved by the administrator to correct the areas of noncompliance within the probationary period. A probationary license shall be issued for up to twelve (12) months; it may be extended for an additional six (6) months at the discretion of the administrator. A probationary license that states the conditions of probation may be issued by the administrator at any time for due cause. Any prior existing license is invalidated when a probationary license is issued. When the probationary license expires, the administrator may reinstate the original license to the end of its term, issue a new license or revoke the license.
(5) The administrator will establish criteria and procedure for granting variances as part of the regulations.
(6) The above exceptions (probationary and provisional licensing and variances) do not apply to and shall not be deemed to constitute any variance from state fire and health safety standards.
SECTION
2. This article shall take effect upon passage.
ARTICLE 18
RELATING TO GENERAL PUBLIC
ASSISTANCE
SECTION 1. Hardship Contingency
Fund - FY 2004 – Out of the general revenue sum appropriated to the department
of human services in Article 1, the sum of five hundred ninety-six thousand
dollars ($596,000) may be used for the purposes of a hardship contingency fund,
subject to the limitations hereinafter provided. The state controller is hereby authorized and directed to draw
his or her order 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 per eligible individual upon a showing of hardship by an individual
who is eligible for general public assistance medical benefits under section
40-6-3.1; provided, however, that individuals who are determined eligible for
medical assistance (“Medicaid”) under Title XIX of the Social Security Act, 42
U.S.C. Section 1396 et seq., or who are determined eligible to receive an interim cash assistance payment for the
disabled pursuant to section 40-6-28, shall not be eligible for assistance
under this section. The director shall
not be required to promulgate any new, additional or separate rules or
regulations in connection with the disbursement of payments from the
contingency fund created hereby.
SECTION 2. This article shall
take effect as of July 1,2003.
ARTICLE 19
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. Definitions. -- As used in this chapter:
(1) "Base year" means for the purpose of calculating a
disproportionate share payment for any fiscal year ending after September 30, 2000
2003, the period from October 1, 1998 2000 through
September 30, 1999 2001.
(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 § 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%), that the uncompensated care index for the payment year
ending September 30, 2002 shall be deemed to be four and nine tenths percent
(4.9%) five and one-tenth percent (5.1%), and that the uncompensated
care index for the payment year ending September 30, 2003 shall be deemed to be
five and twenty-five hundredths percent (5.25%) five and ninety
hundredths percent (5.90%), and that the uncompensated care index for the
payment year ending September 30, 2004 shall be deemed to be five and
twenty-five hundredths percent (5.25%).
40-8.3-3. Implementation. -- (a) For the fiscal year commencing on October 1, 2002 2003
and ending September 30, 2003 2004, each participating hospital
shall be paid by the department of human services on or before October 30, 2002
2003, 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 seventy-five hundredths percent
(6.75%) (6.00%) 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, 2002
2003 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 2003 2004 for the
disproportionate share payments.
(b) No provision is made pursuant to this chapter for
disproportionate share hospital payments to participating hospitals for
uncompensated care costs that are related to graduate medical education
programs.
SECTION 2. This article shall take effect upon passage.
ARTICLE 20
Relating to Public library services
SECTION
1. Section 29-6-2 of the General Laws in Chapter 29-6
entitled "State Aid to Libraries" is hereby amended to read as
follows:
29-6-2. Public library services. -- For each city or town, the state's share to support local public library services shall be equal to at least twenty-five percent (25%) of the amount appropriated and expended in the second preceding fiscal year by the city or town from local tax revenues and as to only the Providence public library, funds from the Providence public library’s endowment that supplement the municipal appropriation; provided, however, that as to Providence public library, the state in any year shall not be obligated to match any amount from the Providence public library’s endowment that exceeds six percent (6%) of the three (3) year average market value, calculated at the end of the calendar year, of the investments in the endowment. 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 any year exceeds the amount appropriated that year for the purposes of this section.
SECTION
2. This article shall take effect upon passage.
ARTICLE 21
Relating To Special Program for Care of Severely Disabled Elderly
Residents Who Need Nursing Facility Services
SECTION
1. Title 40 of the General Laws entitled "Human Services" is hereby amended
by adding thereto the following chapter:
CHAPTER
8.6
SPECIAL PROGRAM FOR CARE OF SEVERELY DISABLED ELDERLY RESIDENTS WHO NEED
NURSING FACILITY SERVICES
40-8.6-1. Special pilot
program for care of severely disabled elderly residents who need nursing
facility services. –
(a) Purpose. There is hereby
established a special pilot program during fiscal year 2004 to be administered
by the department of human services to provide payment for nursing facility
services for certain low-income elderly Rhode Island residents who are
ineligible for federal and state medical assistance coverage.
(b)
Eligibility. To be eligible for payment
from the program the individual must be:
(1) age
sixty-five (65) or older;
(2) legally
present in the United States and a resident of the state of Rhode Island;
(3)
determined to meet all eligibility requirements of the federal Medical
Assistance Program (Title XIX of the Social Security Act, 42 USC Sec. 1396 et
seq.) but for the citizenship or alienage criteria;
(4)
determined to be ineligible for RIGL section 40-8-1 provisions of state-funded
medical assistance for aliens; and
(5) certified
by the department of human services to be in need of nursing facility services.
(c)
Continuation of coverage. Eligibility
shall be reviewed periodically and renewed as long as the individual continues
to meet the criteria.
(d) Payment
to nursing facility. The department
shall make payments to the nursing facility in which an eligible individual is
residing in the same amount as the payment for nursing facility services under
the medical assistance program.
40-8.6-2. Appropriation. – The sum of three hundred
thousand dollars ($300,000) is hereby appropriated to the department of human services
for the purposes of this chapter. This
appropriation shall be used to fund payment of five (5) nursing facility
placements to provide nursing facility services for eligible individuals. To the extent that more than five (5)
individuals are determined to be eligible at any one (1) time, the department
shall maintain a waiting list to fill the next nursing facility placement to
become available upon the death, discharge, or ineligibility of the individual
currently holding that placement. The
department shall establish rules and regulations regarding which nursing
facility or facilities may provide services as part of this pilot program,
waiting list procedures, and any other administrative functions that are
necessary for the conduct of this program.
40-8.6-3. Report. – The department shall issue a
report to the long-term care coordinating council, the general assembly, the
senate fiscal advisor, and the house fiscal advisor on the status of this
program on or before April 15, 2004.
The report shall include at least the number of people served, total
expenditures to date, and a recommendation to discontinue, continue, expand or
contract the program based on the state's experience through March 31, 2004.
SECTION
2. This article shall take effect on July 1, 2003.
ARTICLE 22
Relating To Medical Assistance - RIte Care
SECTION 1. In establishing the annual appropriation in Article 1 for state fiscal year 2004 for the RIte Care program in accordance with sections 40-8.4-8 and 42-12.3-11, the general assembly has provided funding for limited increases in risk-based health care premiums. The general assembly hereby authorizes and directs the department of human services to enter into, modify or amend RIte Care health plan contracts for the period July 1, 2003 through June 30, 2004 to provide for risk-based premium increases, including SOBRA, based on a formula that shall not exceed the DRI Northeast Medical Index for general medical expenses.
SECTION 2. This article shall take effect upon passage.
ARTICLE 23
Relating To Real Estate Licenses and Fees
SECTION 1. Sections 5-20.5-4 and 5-20.5-11 of the General Laws in Chapter 5-20.5 entitled “Real Estate Brokers and Salespersons” are hereby amended to read as follows:
5-20.5-4. Examination of applicants – Examination fee – Licensing without examination. -- (a) The director requires any applicant for a real estate broker's or salesperson's license to submit to and pass a written examination to show the applicant's knowledge of reading, writing, spelling, elementary arithmetic, and in general the statutes relating to real property, deeds, mortgages, leases, contracts, and agency. The director deems that the uniform portion of the Rhode Island real estate examination has been passed if the applicant has a current real estate license from a state which allows a similar reciprocal waiver for persons holding a current Rhode Island broker's or salesperson's license and has been licensed for a period of not less than two (2) years; provided, that the applicant must be tested for the remainder of the Rhode Island real estate examination as administered by the department of business regulation. An applicant for a real estate broker's or salesperson's license, prior to the taking of the examination, pays to the director an examination fee, the cost of which is limited to the charge as designated by the appropriate testing service's contract with the department of business regulation.
(b) The applicant for a broker's license must also submit satisfactory proof that he or she has been engaged full time as a real estate salesperson for at least one year prior to the date of application, except that the period is waived if the applicant has received a baccalaureate degree with a major in real estate, from an accredited college or university; or has successfully completed at least ninety (90) hours of classroom study in a school as defined in § 5-20.5-19, or equivalent in a correspondence course offered by an extension department of an accredited college or university. The director may require any other proof, through the application or otherwise, that he or she desires with regard to the paramount interests of the public, as to the honesty, trustworthiness, integrity, good reputation, and competency of the applicant.
(c) The director shall notify applicants of the result of the examination within thirty (30) days of the date of the examination. Any successful applicant who fails to remit the original license fee as provided in § 5-20.5-11 within one year of the date of that examination is required by the director to re-submit to and pass a written examination as provided in subsection (a).
(d) When an attorney-at-law licensed by the supreme court of the state desires to have a real estate broker's license or a real estate salesperson's license, the attorney, by application, and upon payment of the applicable fee as provided in § 5-20.5-11, is granted a license without examination.
(e) A certificate of licensure is issued by the real estate
division of the department of business regulation within thirty (30) days after
it is requested at a cost of not more than five dollars ($5.00) fifteen
dollars ($15.00) for each certificate issued.
5-20.5-11. Fees and license renewals. -- (a) The following fees are charged by the director:
(1) For each application, a fee of ten dollars ($10.00);
(2) For each examination a fee, the cost of which is limited to the charge as designated by the appropriate testing service's contract with the department of business regulation;
(3) For each original broker's license issued, a fee of sixty
dollars ($60.00) eighty-five dollars ($85.00) per annum for the term
of the license and for each annual renewal of the license, a fee of sixty
dollars ($60.00) eighty-five dollars ($85.00) per annum for the term
of renewal. The total fees for the term of initial licensure and of renewal are
paid at the time of application for the license;
(4) For each original salesperson's license issued, a fee of forty
dollars ($40.00) sixty-five dollars ($65.00) per annum for the term
of the license and for each renewal of the license, a fee of forty dollars
($40.00) sixty-five dollars ($65.00) per annum for the term of the
license. The total fees for the term of initial licensure and of renewal are
paid at the time of application for the license.
(5) For each change from one broker to another broker by a
salesperson, or a broker, a fee of five dollars ($5.00) fifteen
dollars ($15.00), to be paid by the salesperson or the broker;
(6) For each duplicate license, where a license is lost or
destroyed and affidavit is made of that fact, a fee of two dollars ($2.00) ten
dollars ($10.00);
(7) For each duplicate pocket card, where the original pocket card
is lost or destroyed and affidavit is made of that fact, a fee of two
dollars ($2.00) ten dollars ($10.00);
(8) For each broker's license reinstated after its expiration
date, a late fee of fifteen dollars ($15.00) sixty-five dollars
($65.00), in addition to the required renewal fee;
(9) For each salesperson's license reinstated after its expiration
date, a late fee of ten dollars ($10.00) sixty dollars ($60.00)
in addition to the required renewal fee.
(b) Every licensed real estate broker and salesperson who desires to renew a license for the succeeding year term applies for the renewal of the license upon a form furnished by the director and containing whatever information is required by the director. Any renewal of a license is subject to the same provisions covering issuance, suspension, and revocation of any license originally issued. At no time shall any license be renewed without examination if the license has expired beyond a period of one year.
SECTION 2. This article shall take effect upon passage.
ARTICLE 24
Relating To Securities Registration fees
SECTION 1. Sections 7-11-305, 7-11-307, and 7-11-401 of the General Laws in Chapter 7-11 entitled "Rhode Island Uniform Securities Act" are hereby amended to read as follows:
7-11-305. Provisions applicable to registration generally. -- (a) A registration statement may be filed by the issuer, any other person on whose behalf the offering is to be made, or a registered broker dealer.
(b) Except as provided in subsection (b)(2), a A
person filing a registration statement pays shall pay a
nonrefundable fee of one-tenth of one percent (0.1%) of the maximum aggregate
offering price at which the registered securities are to be offered in this
state, but not less than three hundred dollars ($300) or more than one thousand
dollars ($1,000).
(2) An open end management company, a face amount certificate
company, or a unit investment trust, as defined in the Investment Company Act
of 1940, 15 U.S.C. § 80a-1 et seq., may register an indefinite amount of
securities under a registration statement. At the time of filing, the
registrant pays a nonrefundable fee of three hundred dollars ($300) and within
sixty (60) days after the registrant's fiscal year during which its
registration statement is effective, pays a non refundable fee of three hundred
dollars ($300) or files a report on a form the director, by rule, adopts,
specifying its sale of securities to persons in this state during the fiscal
year and pays a fee of one-tenth of one percent (0.1%) of the aggregate sales
price of the securities sold to persons in this state, but the latter fee is
not less than three hundred dollars ($300) or more than one thousand dollars
($1,000).
(c) Except as permitted otherwise by subsection (b)(2), a A
registration statement must specify the amount of securities to be offered in
this state and the states in which a registration statement or similar document
in connection with the offering has been or is to be filed and any adverse
order, judgment, or decree entered by the securities agency or administrator in
any state or by a court or the securities and exchange commission in connection
with the offering.
(d) A document filed under this chapter or a predecessor act within five (5) years before the filing of a registration statement may be incorporated by reference in the registration statement if the document is currently accurate.
(e) The director may permit by rule or order the omission of any item of information or document from a registration statement.
(f) In the case of a nonissuer offering, the director may not require information under subsection (m) or § 7-11-304 unless it is known to the person filing the registration statement or to the person on whose behalf the offering is to be made, or can be furnished by the person without unreasonable effort or expense.
(g) In the case of a registration under § 7-11-303 or § 7-11-304 by an issuer who has no public market for its shares or no significant earnings from continuing operations during the last five (5) years, or any shorter period of its existence, the director may require by rule or order as a condition of registration that the following securities be deposited in escrow for not more than three (3) years:
(1) Securities issued to a promoter within the three (3) years immediately before the offering or to be issued to a promoter for a consideration substantially less than the offering price; and
(2) Securities issued to a promoter for a consideration other than cash, unless the registrant demonstrates that the value of the non-cash consideration received in exchange for the securities is substantially equal to the offering price for the securities.
(h) The director may determine by rule or order the conditions of an escrow required under subsection (g), but the director may not reject a depository solely because of location in another state.
(i) The director may require by rule or order as a condition of registration under § 7-11-303 or § 7-11-304 that the proceeds from the sale of the registered securities in this state be impounded until the issuer receives a specified amount from the sale of the securities. The director may by rule or order determine the conditions of an impound arrangement required under this subsection, but the director may not reject a depository solely because of location in another state.
(j) If securities are registered under § 7-11-302 or § 7-11-303, the prospectus filed under the Securities Act of 1933 15 U.S.C. § 77a et seq. must be delivered to each purchaser in accordance with the prospectus delivery requirements of the Securities Act of 1933, 15 U.S.C. § 77a et seq.
(k) If securities are registered under § 7-11-304, an offering document containing information the director designates by rule or order must be delivered to each purchaser with or before the earliest of:
(1) The first written offer to sell made to the purchaser by or for the account of the issuer or another person on whose behalf the offering is being made, or by an underwriter or broker dealer who is offering part of an unsold allotment or subscription taken by it as a participant in the distribution;
(2) Confirmation of a sale made by or for the account of a person named in subsection (1);
(3) Payment pursuant to a sale; or
(4) Delivery pursuant to a sale.
(l) A registration statement remains effective for one year after its effective date unless the director extends the period of effectiveness by rule or order. All outstanding securities of the same class as the registered securities are considered to be registered for the purpose of a nonissuer transaction while the registration statement is effective, unless the director, by rule or order, provides otherwise. A registration statement may not be withdrawn after its effective date if any of the securities registered have been sold in this state, unless the director, by rule or order, provides otherwise. No registration statement is effective while a stop order is in effect under § 7-11-306(a).
(m) During the period that an offering is being made pursuant to an effective registration statement, the director may require by rule or order the person who filed the registration statement to file reports not more often than quarterly to keep reasonably current the information contained in the registration statement and to disclose the progress of the offering.
(n) A registration statement filed under § 7-11-302 or § 7-11-303 may be amended after its effective date to increase the securities specified being offered and sold. The amendment becomes effective upon filing of the amendment and payment of an additional filing fee, calculated in the manner specified in subsection (b), with respect to the additional securities to be offered and sold. The effectiveness of the amendment relates back to the date of sale of the additional securities being registered.
(o) A registration statement filed under § 7-11-304 may be amended after its effective date to increase the securities specified to be offered and sold, if the public offering price and underwriters' discounts and commissions are not changed from the respective amounts of which the director was informed. The amendment becomes effective when the director so orders and relates back to the date of sale of the additional securities being registered. A person filing an amendment pays an additional filing fee equal to two (2) times the fee otherwise payable, calculated in the manner specified in subsection (b), regarding the additional securities to be offered and sold.
7-11-307. Federal covered securities. -- (a) The director may require by rule or order the filing of any or all of the following documents with respect to a covered security under § 18(b)(2) of the Securities Act of 1933, 15 U.S.C. § 77r(b)(2):
(1) Prior to the initial offer of a federal covered security in this state, all documents that are part of a current federal registration statement filed with the U.S. Securities and Exchange Commission under the Securities Act of 1933, 15 U.S.C. § 77a et seq. or, in lieu of filing the registration statement, a notice as prescribed by the director by rule or otherwise, together with a consent to service of process signed by the issuer and with a nonrefundable fee of one-tenth of one percent (0.1%) of the maximum aggregate offering price at which the federal covered securities are to be offered in this state, but not less than three hundred dollars ($300) or more than one thousand dollars ($1,000).
(2) An open end management company, a face amount certificate
company, or a unit investment trust, as defined in the Investment Company Act
of 1940, 15 U.S.C. § 80a-1 et seq., may file a notice for an indefinite amount
of securities. The issuer, at the time of filing, pays shall pay
a nonrefundable fee of three hundred dollars ($300) and within sixty (60)
days after the issuer's fiscal year, during which its federal registration
statement is effective, pays a nonrefundable fee of three hundred dollars
($300) or files a report on a form the director adopts by rule, specifying its
sale of securities to persons in this state during the fiscal year and pays a
fee of one-tenth of one percent (0.1%) of the aggregate sales price of the
securities sold to persons in this state. The latter fee shall not be less than
three hundred dollars ($300) or more than one thousand dollars ($1,000).
(3) After the initial offer of the federal covered security in this state, all documents that are part of an amendment to a current federal registration statement filed with the U.S. Securities and Exchange Commission under the Securities Act of 1933, are filed concurrently with the director.
(4) Unless otherwise extended by the director, an initial notice
filing under this subsection is effective for one year commencing upon the date
the notice or registration statement, as applicable, is received by the director
unless a later date is indicated by the issuer. A notice filing may be renewed
by filing a renewal notice as prescribed by the director and paying a renewal
fee of one-tenth of one percent (0.1%) of the aggregate sales price of the
securities sold to persons in this state. The latter fee shall not be less than
three hundred dollars ($300) or more than one thousand dollars ($1,000).
(b) Regarding any security that is a covered security under § 18(b)(4)(D) of the Securities Act of 1933, 15 U.S.C. § 77r(b)(4)(D), the director may by rule or otherwise require the issuer to file a notice on SEC Form D and a consent to service of process signed by the issuer no later than fifteen (15) days after the first sale of the federal covered security in this state, together with Form U-2, Form D and a nonrefundable fee of three hundred dollars ($300).
(c) The director may by rule or otherwise require the filing of any document filed with the U.S. Securities and Exchange Commission under the Securities Act of 1933, 15 U.S.C. § 77a et seq., with respect to a covered security under § 18(b)(3) or (4) of the Securities Act of 1933, 15 U.S.C. § 77r(b)(3) or (4), together with a notice and fees as defined in subparagraph (a)(1).
(d) The director may issue a stop order suspending the offer and sale of a federal covered security, except a covered security under § 18(b)(1) of the Securities Act of 1933, 15 U.S.C. § 77r(b)(1), if the director finds that (1) the order is in the public interest and (2) there is a failure to comply with any condition established under this section.
(e) Notwithstanding the provisions of this section, until October 11, 1999, the director may require the registration of any federal covered security for which the fees required by this section have not been paid promptly following written notification from the director to the issuer of the nonpayment or underpayment of the fees. An issuer is considered to have promptly paid the fees if they are remitted to the director within fifteen (15) days following the person's receipt of written notification from the director.
(f) The director may by rule or order waive any or all of the provisions of this section.
7-11-401. Exempt securities. -- The following securities are exempt from §§ 7-11-301 and 7-11-404:
(1) A security, including a revenue obligation, issued, insured, or guaranteed by the United States, an agency or corporate or other instrumentality of the United States, an international agency or corporate or other instrumentality of which the United States and one or more foreign governments are members, a state, a political subdivision of a state, or an agency or corporate or other instrumentality of one or more states or their political subdivisions; or a certificate of deposit for any of the foregoing, but this exemption does not include a security payable solely from revenues to be received from a nongovernmental industrial or commercial enterprise unless the payments are insured or guaranteed by a person described as the issuer, insurer or guarantor of securities under subdivision (2), (3), (4), (5), (7), or (8) of this section, or unless the revenues from which the payments are to be made are a direct obligation of a person;
(2) A security issued, insured, or guaranteed by Canada, a Canadian province or territory, a political subdivision of Canada or a Canadian province or territory, an agency or corporation or other instrumentality of one or more of the foregoing, or any other foreign government or governmental combination or entity with which the United States maintains diplomatic relations, if the security is recognized as a valid obligation by the issuer, insurer, or guarantor;
(3) A security issued by and representing an interest in or a direct obligation of, or guaranteed by, a depository institution if the deposit or share accounts of the depository institution are insured by the federal deposit insurance corporation, the federal savings and loan insurance corporation, the national credit union share insurance fund, or a successor to the applicable agency authorized by federal law;
(4) A security issued by and representing an interest in or a direct obligation of, or insured or guaranteed by, an insurance company organized under the laws of any state and authorized to do business in this state;
(5) A security issued or guaranteed by a railroad, other common carrier, public utility, or holding company which is:
(i) Subject to the jurisdiction of the interstate commerce commission;
(ii) A registered holding company under the Public Utility Holding Company Act of 1935, 15 U.S.C. § 79 et seq. or a subsidiary of a registered holding company within the meaning of that act;
(iii) Regulated as to its rates and charges by a governmental authority of the United States or a state; or
(iv) Regulated as to the issuance or guarantee of the security by a governmental authority of the United States, a state, Canada, or a Canadian province or territory;
(6) Equipment trust certificates as to equipment leased or conditionally sold to a person, if securities issued by the person would be exempt under this section;
(7) A security listed or approved for listing upon notice of issuance on a national securities exchange registered under § 6 of the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq.; any other security of the same issuer which is of senior or substantially equal rank; a security called for by subscription right or warrant so listed or approved; or a warrant or right to purchase or subscribe to any of the securities in this subdivisions;
(8) A security designated or approved for designation upon notice of issuance as a national market system security by the national association of securities dealers, inc.; any other security of the same issuer which is of senior or substantially equal rank; a security called for by subscription right or warrant so designated; or a warrant or a right to purchase or subscribe to any of the securities in this subdivision;
(9) An option issued by a clearing agency registered under the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq., other than an off exchange futures contract or substantially similar arrangement, if the security, currency, commodity, or other interest underlying the option:
(i) Is registered under § 7-11-302, 7-11-303, or 7-11-304;
(ii) Is exempt under this section; or
(iii) Is not otherwise required to be registered under this chapter;
(10) A security issued by a person organized and operated not for private profit but exclusively for a religious, educational, benevolent, charitable, fraternal, social, athletic, or reformatory purpose, or as a chamber of commerce or trade or professional association;
(11) A promissory note, draft, bill of exchange, or bankers' acceptance that evidences an obligation to pay cash within nine (9) months after the date of issuance, exclusive of days of grace, is issued in denominations of at least fifty thousand dollars ($50,000) and receives a rating in one of the three (3) highest rating categories from a nationally recognized statistical rating organization; or a renewal of an obligation that is likewise limited, or a guarantee of an obligation or of a renewal;
(12) A security issued in connection with an employee's stock purchase, savings, option, profit sharing, pension, or similar employees' benefit plan;
(13) A membership or equity interest in, or a retention
certificate or like security given in lieu of a cash patronage dividend issued
by, a cooperative organized and operated as a nonprofit membership cooperative
under the cooperative laws of any state if not traded to the public;
(14) A security issued by an issuer registered as an open end management investment company or unit investment trust pursuant to § 8 of the Investment Company Act of 1940, 15 U.S.C. § 80a-1 et seq. if:
(i) The issuer is advised by an investment adviser that is a depository institution exempt from registration under the Investment Advisers Act of 1940, 15 U.S.C. § 80b-1 et seq. or that is currently registered as an investment adviser and has been registered, or is affiliated with an adviser that has been registered as an investment adviser under the Investment Advisers Act of 1940, 15 U.S.C. § 80b-1 et seq. for at least three (3) years immediately before an offer or sale of a security claimed to be exempt under this subparagraph and has acted, or is affiliated with an investment adviser that has acted, as investment adviser to one or more registered investment companies or unit investment trusts for at least three (3) years immediately before an offer or sale of a security claimed to be exempt under this subparagraph; or
(ii) The issuer has a sponsor that has at all times throughout the three (3) years before an offer or sale of a security claimed to be exempt under this subparagraph sponsored one or more registered investment companies or unit investment trusts the aggregate total assets of which have exceeded one hundred million dollars ($100,000,000).
(iii) The director has received prior to any sale exempted in this section:
(a) A notice of intention to sell which has been executed by the issuer which states the name and address of the issuer and the title of the securities to be offered in this state; and
(b) A filing fee of three hundred dollars ($300) one
thousand dollars ($1,000).
(iv) In the event any offer or sale of an open end management investment company is to be made more than twelve (12) months after the date notice under subdivision (14) (iii) is received by the director, another notice and payment of the applicable fee is required.
For the purpose of this subsection an investment adviser is affiliated with another investment adviser if it controls, is controlled by, or is under common control with the other investment adviser.
SECTION 2. This article shall take effect as of July 1, 2003.
ARTICLE 25
Relating To Retirement System Administration
SECTION 1. Section 36-8-10.1 of the General Laws in Chapter 36-8 entitled “Retirement System-Administration” is hereby amended to read as follow:
36-8-10.1. Payment of administrative expense of the retirement board and maintaining the retirement system – Restricted receipts account. -- (a) There is hereby created a restricted receipt account, under the control of the general treasurer, the proceeds of which shall be used solely to pay the expenses of the retirement board, the cost of maintaining the retirement system, and the costs of administering the retirement system.
(b) There shall be transferred to this restricted receipt account one
and one half percent (1.5%) of the investment income received by the employee's
retirement system of the state of Rhode Island up to a maximum of one and one
half percent (1.5%) of the investment income seventeen and one-half
(17.5) basis points (0.175%), where one hundred (100.0) basis points equals one
percent (1.0%), of the average total investments before lending activities
as reported in the annual report of the auditor general for the next preceding
five fiscal years. Any nonencumbered funds on June 30 of any fiscal year shall
be credited to the employees' retirement system of the state of Rhode Island
and to the municipal employees' retirement system of the state of Rhode Island
in the same proportion as their contributions to the restricted receipt account
established by this section during the fiscal year.
SECTION 2. Section 45-21-42.1 of the General Laws in Chapter 45-21 entitled “Retirement of Municipal Employees” is hereby amended to read as follow:
45-21-42.1. Payment of administrative expenses of the retirement
board and maintaining the retirement system – Restricted receipt account. -- There is transferred to the restricted
receipt account established in § 36-8-10.1 one and one-half percent (1.5%)
of the investment income received by the municipal employees' retirement system
of the state of Rhode Island up to a maximum of one and one-half percent (1.5%)
of the investment income up to a maximum of seventeen and one-half
(17.5) basis points (0.175%), where one hundred (100.0) basis points equals one
percent (1.0%),of the average total investments before lending activities of
the municipal employees’ retirement system of the state of Rhode Island as
reported in the annual report of the auditor general for the next preceding five
fiscal years.
SECTION 3. This article shall take effect as of July 1, 2003.
ARTICLE 26
Relating To medical assistance
-- rates of reimbursement for hospital emergency room physician services
SECTION
1. With respect to the fee-for-service Medical
Assistance Program administered pursuant to title 40, chapter 8, the Department
of Human Services shall establish rates for medical evaluation and management
services provided by a physician in the emergency department of a licensed
hospital that shall be no less than fifty-five percent (55%) of what the
Medicare program would pay for the same services pursuant to Title XVIII of the
Social Security Act, as amended.
SECTION
2. This article shall take effect on July 1, 2003.
ARTICLE 27
RELATING TO A JOINT LEGISLATIVE COMMISSION TO STUDY THE
IMPLEMENTATION OF A FUNDING INDEX FOR PRIVATE COMMUNITY-BASED PROVIDERS
OPERATING PURSUANT TO CONTRACTS WITH THE STATE OF RHODE ISLAND
SECTION
1. There is hereby created a Joint Legislative
Commission consisting of eleven (11) members: three (3) of whom shall be from
the House of Representatives, of which one (1) member shall be from the
minority party, all of whom shall 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, all of whom shall be appointed by the President of the
Senate; three (3) of whom shall be from the Executive Branch, all of whom shall
be appointed by the Governor; and two (2) of whom shall be representatives
of private community-based providers,
both of whom shall be appointed by the Speaker of the House.
The
purpose of this Commission shall be to undertake analyses and make
recommendations for legislative and/or administrative proposals or actions to
implement an annual funding index to address the long-term funding stability of
the private community-based providers with whom the State of Rhode Island
contracts to provide the human services the State of Rhode Island historically
has recognized as necessary to the health and welfare of its citizens.
Over
the last several years, the private community-based providers with whom the
State of Rhode Island contracts have experienced increased costs in all areas
of business operations and categories of expenditures. However, in recent
years, reimbursement by the State of Rhode Island for these services has been
limited either to partial reimbursement or level funding. The implementation of
an annual funding index would more accurately reflect increased costs, and
would provide budget stability for both the State of Rhode Island and the
private community-based providers with whom the State of Rhode Island
contracts.
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
members of the commission shall receive no compensation for their services.
All
departments and agencies of the State of Rhode Island 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 1, 2004 and said commission shall expire on June
30, 2004.
SECTION
2. This article shall take effect upon passage.
ARTICLE 28
Relating To Motor Fuel Tax
SECTION 1. Section 31-36-20 General Laws in Chapter 31-36 entitled “Motor Fuel Tax” is hereby amended to read as follows:
31-36-20. Disposition of proceeds. -- (a)
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
any 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; provided, that six and one-fourths cents ($0.0625) six and
eighty-five hundredth cents ($0.0685) per gallon of the tax imposed and
accruing for the liability under the provisions of § 31-36-7, less refunds and
credits, shall be transferred to the Rhode Island public transit authority as
provided under § 39-18-21, and one cent ($.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-fourth cents ($0.0175) shall be available for general revenue.
(iii) For the fiscal year 2002, one-fourth cent ($0.0025) shall be available for general revenue.
(iv) For the fiscal year 2003, two and one-fourth cent ($0.0225) shall be available for general revenue.
(v) For the fiscal year 2004, and thereafter, two cents ($0.02)
one and forty hundredth cents ($0.0140) 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 Rhode Island 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 funds in the fund shall be dedicated to the department of administration, subject to annual appropriation by the general assembly. The director of administration shall submit to the general assembly, budget office and office of the governor annually 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 §§ 35-3-1 and 35-3-4. On order of the director of transportation, the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payments of any sum or portion of the sum that may be required from time to time upon receipt of properly authenticated vouchers.
(c) At any time the amount of the fund is insufficient to fund the expenditures of the department of administration, not to exceed the amount authorized by the general assembly, the general treasurer is authorized, with the approval of the governor and the director of administration, in anticipation of the receipts of monies enumerated in § 31-36-20 to advance sums to the fund, for the purposes specified in § 31-36-20, any funds of the state not specifically held for any particular purpose. However, all the advances made to the fund shall be returned to the general fund immediately upon the receipt by the fund of proceeds resulting from the receipt of monies to the extent of the advances.
SECTION 2. This article shall take effect as of July 1, 2003.
ARTICLE 29
RELATING TO SHARE BASED FEES
SECTION 1. Sections 7-1.1-123 and 7-1.1-124 of the General Laws in Chapter 7-1.1 entitled "Business Corporations" are hereby amended to read as follows:
7-1.1-123. License fees payable by domestic corporations. -- (a) The secretary of state shall charge and collect from each domestic corporation license fees, based on the number of shares which it has authority to issue or the increase in the number of shares which it has authority to issue, at the time of:
(1) Filing articles of incorporation;
(2) Filing articles of amendment increasing the number of authorized shares; and
(3) Filing articles of merger or consolidation increasing the number of authorized shares which the surviving or new corporation, if a domestic corporation, has the authority to issue above the aggregate number of shares which the constituent domestic corporations and constituent foreign corporations authorized to transact business in this state had authority to issue.
(b) The license fees are at the rate of one cent (1¢) per share
up to and including the first ten thousand (10,000) authorized shares, one-half
cent ( 1/2¢) per share for each authorized share in excess of ten thousand
(10,000) shares up to and including one hundred thousand (100,000) shares, and (i)
one-fifth cent (1/5¢) per share for each authorized share in excess of
one hundred thousand (100,000) shares, whether the shares are of par value or
without par value, but in no case less than eighty dollars ($80.00) if
the total number of new shares being authorized is seventy-five million
(75,000,000) shares or greater, or (ii) one hundred and sixty dollars ($160) if
the total number of new shares being authorized is less than seventy-five
million (75,000,000) shares.
(c) The license fees payable on an increase in the number of authorized shares is imposed only on the increased number of shares, and the number of previously authorized shares is to be taken into account in determining the rate applicable to the increased number of authorized shares.
7-1.1-124. License fees payable by foreign corporations. – (a) The secretary of state shall charge and collect from each foreign corporation license fees, based on the proportion represented in this state of the number of shares which it has authority to issue or the increase in the number of shares which it has authority to issue, at the time of:
(1) Filing an application for a certificate of authority to transact business in this state;
(2) Filing articles of amendment which increased the number of authorized shares; and
(3) Filing articles of merger or consolidation which increased the number of authorized shares which the surviving or new corporation, if a foreign corporation, has authority to issue above the aggregate number of shares which the constituent domestic corporations and constituent foreign corporations authorized to transact business in this state had authority to issue.
(b) The license fees are at the rate of one cent (1¢) per share
up to and including the first ten thousand (10,000) authorized shares represented
in this state, one half cent ( 1/2¢) per share for each authorized share in
excess of ten thousand (10,000) shares up to and including one hundred thousand
(100,000) shares represented in this state, and (i) one-fifth cent
(1/5¢) per share for each authorized share in excess of one hundred thousand
(100,000) shares represented in this state, whether the shares are of par value
or without par value, but in no case less than fifteen dollars ($15.00). if the total number of new shares being
authorized is seventy-five million (75,000,000) shares or greater, or (ii) one
hundred and sixty dollars ($160) if the total number of new shares being
authorized is less than seventy-five million (75,000,000) shares.
(c) The license fees payable on an increase in the number of authorized shares is imposed only on the increased number of the shares represented in this state, and the number of previously authorized shares represented in this state is to be taken into account in determining the rate applicable to the increased number of authorized shares.
(d) The number of authorized shares represented in this state is that proportion of its total authorized shares which the sum of the value of its property located in this state and the gross amount of business transacted by it at or from places of business in this state bears to the sum of the value of all of its property, wherever located, and the gross amount of its business, wherever transacted. The proportion is determined from information contained in the application for a certificate of authority to transact business in this state or in the application for an amended certificate of authority to transact business in this state.
SECTION 2. This article shall take effect on July 1, 2003.
ARTICLE 30
RELATING TO THE SELECT COMMISSION ON RACE AND POLICE-COMMUNITY
RELATIONS ACT
SECTION
1. Title 42 of the General Laws entitled "State Affairs and Government" is
hereby amended by adding thereto the following chapter:
CHAPTER
137
THE SELECT COMMISSION ON RACE AND POLICE-COMMUNITY RELATIONS ACT
42-137-1. Short
title. – This
chapter shall be known and may be cited as the “Select Commission on Race and
Police-Community Relations Act.”
42-137-2. Commission
created -- Composition. – (a) There is hereby created the Select Commission on Race and
Police-Community Relations, hereinafter called the "select
commission."
(b) The
select commission shall consist of fifteen (15) members:
(i) The
attorney general, or designee;
(ii) The
superintendent of the state police, or designee;
(iii) The
chief of police of the Providence police department, or designee;
(iv) The
President of the Rhode Island police chiefs' association or designee;
(v) The
President of the Statewide Fraternal Order of Police, or designee;
(vi) The
President of the International Brotherhood of Police Officers, or designee;
(vii) The
President of the Rhode Island Minority Police Association, or designee, and the
President of the Rhode Island Hispanic Officers Association, or designee;
(viii) The
President of the NAACP, New England Area Conference or designee;
(ix) The President of the Urban League of Rhode
Island, or designee;
(x) Three (3)
members appointed by the governor from civic, interfaith, and/or community
service organizations;
(xi) One (1)
member appointed by the governor from a list of names submitted by the
President of the Senate;
(xii) One (1)
member appointed by the governor from a list of names submitted by the Speaker
of the House of Representatives.
(c) The attorney
general, superintendent of state police, and chief of police of the Providence
police department are ex officio members with full voting rights and
privileges, and each may send, in his or her place, a designated representative
to a meeting and/or meetings. If the designation is made in writing, the
representative shall have full voting privileges.
(d) The
members of the select commission shall serve two (2) year terms and shall be
eligible for reappointment. In the event a vacancy arises it must be filled
within thirty (30) days for the
remainder of the term in the manner of the original appointment or designation.
42-137-3. Chairperson and
vice-chairperson -- Meetings -- Quorum. – The governor shall, at the time of the initial appointments to
the select commission, designate one (1) member to act as chairperson and
another to act as vice-chairperson of the commission for one (1) year.
Thereafter, the select commission shall elect a chairperson and a
vice-chairperson. The vice-chairperson shall act as chairperson in the absence
of the chairperson or in the event of a vacancy in that position. The select
commission shall meet at least four (4) times in each year and shall hold
meetings when called by the chairperson or, in his or her absence, by the vice-chairperson.
Eight (8) members of the select commission shall constitute a quorum.
42-137-4. Compensation and
expenses of members. –
Members of the select commission shall receive no compensation, but shall be
reimbursed for their actual and necessary expenses incurred in the performance
of their duties. No member shall lose any pay or benefits by reason of his or
her attendance at meetings of the commission.
42-137-5. Duties. – The select commission shall:
(a) Analyze
and recommend changes that will improve police-community relations in Rhode
Island.
(b) Study and
recommend changes needed to statutes, ordinances, institutional policies,
procedures and practices deemed necessary to:
(i) improve
law enforcement work and accountability;
(ii) reduce
racism;
(iii) enhance
the administration of justice; and
(iv) affect
reconciliation between diverse segments of the statewide community.
(c) Study,
recommend, promote and implement methods to achieve greater citizen
participation in law enforcement policy development, review of law enforcement
practices, and advocacy for the needs of law enforcement agencies, officers,
and the public at large in the prevention of crime, administration of justice
and public safety.
(d) Study,
recommend, promote and assist in the incorporation of evolving homeland
security needs with effective models of neighborhood-oriented community
policing, crime prevention and public safety.
(e) Promote
greater understanding of the need to incorporate cultural diversity in everyday
as well as extraordinary activities involving law enforcement, public safety
and the administration of justice.
(f) Analyze,
review, recommend, assist in and monitor changes to police policies, procedures
and practices related to:
(i)
recruitment, hiring, promotion and training of police officers;
(ii) the
level and quality of diversity training, sensitivity awareness and cultural
competency;
(iii) the
level and quality of efforts related to building and improving overall community relations;
(iv) the use
of firearms by on-duty and off-duty police officers;
(v) the use
of force, the use of excessive force or the excessive use of force;
(vi) the use
of racial profiling and other forms of bias based policing; and
(vii)
legislation reforming police policies, practices, or procedures involving
community relations.
(g) To assist the select commission in its duties pursuant to subsection (f), all police departments shall submit to the select commission on an annual basis beginning on January 15, 2004, and for three (3) years thereafter, a report indicating what action, if any has been taken, to address any racial disparities in traffic stops and/or searches documented in the study authorized by section 31-21.1-4, and to otherwise implement any recommendations of that study. The reports shall be public records.
42-137-6. Authority of
select commission. –
The select commission shall have the authority to conduct surveys, studies
and analyses consistent with its mission and its budget, approved by the Rhode Island General Assembly.
Consistent with its budget appropriations, mission, goals and purpose, the
select commission may engage the services of an executive director and such
other managerial, administrative and clerical employees as are necessary for
the effective performance of its functions. The select commission is authorized
and empowered to hold hearings, subject to chapter 46 of title 42 of Rhode
Island General Laws entitled “Open Meetings,” and may request and shall receive
from any department, division, board, bureau, commission, or agency of this
state, or any of its political subdivisions, any assistance, records and data
that will enable it to carry out its powers and duties. The commission may
utilize any advisors it deems necessary, and may create and appoint such
subcommittees, task forces, or advisory committees it deems necessary to carry
out its mission. The chairperson of the select commission shall appoint members
to chair subcommittees, task forces, or advisory committees; and may appoint
persons who are not members of the commission to serve on subcommittees, task
forces, or advisory committees.
42-137-7. Grants,
appropriations, and gifts. – The commission shall be empowered to apply for from any
federal, state, or local agency, private foundation, or individual, any grants,
appropriations, or gifts. Any grants, appropriations or gifts shall be
deposited in the general fund and subject to the appropriation process.
42-137-8. Report. – The select commission may make
any interim reports it deems necessary to address problems in police policies,
practices, procedures or community relations. The select commission shall also
prepare and submit a report of its activities to the Governor, the Speaker of
the House of Representatives, and the President of the Senate on or before
January 15 of each calendar year. The annual report shall include, but not be
limited to, recommendations for revisions, amendments, additions, or the
consolidation of laws relating to police policies, practices, procedures or
police-community relations. The annual report, and other relevant material
shall be the basis for determining whether to continue the commission, modify
the commission, or abolish the commission.
SECTION
2. This article shall take effect upon passage.
ARTICLE 31
Relating To State Archives
SECTION
1. Section 42-8.1-20 of the General Laws in Chapter
42-8.1 entitled "State Archives" is hereby amended to read as
follows:
42-8.1-20. Rhode Island Historical Records Trust established. -- (a) There is hereby established a special fund to be known as the Rhode Island Historical Records Trust (hereinafter called Trust).
(b) There is hereby imposed an additional assessment of two dollars ($2.00) for every instrument filed for recording pursuant to sections 33-22-21 and 34-13-7.
(c) On the first of every month, the municipal clerk shall transmit to the State Archives one half of the additional assessment collected under subsection (b) for deposit in the Rhode Island Historical Records Trust. The remaining one half of each such additional assessment shall remain with the local government and be deposited in a local Historical Records Trust.
(d) All monies retained by a local government shall be placed in a Historical Record Trust Fund maintained by the local government. The expenditure of these monies shall be restricted solely to the preservation of public records of historical value maintained by the municipal clerk or by a municipal archives.
(e) Use of these funds by
the State Archives shall be restricted solely to for the
development and ongoing maintenance of a full-time local government records
management program component within and the state archives and
records program. Such program shall be responsible for providing aid, advice,
and assistance to all local governments of this State concerning the proper
management and preservation of the public records in their custody or care, as
required by other provisions of statute. Funds shall be expended to support
administrative and other costs associated with the provision of consultative
and technical services including, but not limited to, educational programming,
micrographics services, and ongoing storage and preservation of local
government records.
(f) All monies received by the General Treasurer and other moneys appropriated or received for the purposes stated in subsection (b) shall be deposited in a restricted account which shall be administered by the State Archives.
(g) Each year the State Archives shall review and make recommendations on a proposed operational and expenditure plan for the RI Historical Records Trust.
SECTION
2. This article shall take effect upon passage.
ARTICLE 32
Relating To Temporary Disability Insurance Refunds
SECTION 1. Chapter 28-40 of the General Laws entitled “Temporary Disability Insurance – Contributions” is hereby amended by adding thereto the following section.
28-40-6.2. Set-Off for Delinquent Income Taxes. -- (a) If the tax administrator determines
a person has neglected or refused to pay personal income taxes as defined in chapter
44-30 of the general laws, the tax administrator shall notify the director of
labor and training of the delinquency.
The director, upon certification of the amount of tax delinquency by the
tax administrator, shall set off the amount of the tax delinquency against any
temporary disability insurance tax refund due that person and shall forward
that amount to the tax administrator.
(b) The tax administrator may not seek such a set-off unless a
delinquency determination for the personal income tax has first been directed
to the person. Provided, further, that
if a person assessed a delinquency determination for the personal income tax
has requested a hearing within the statutory period, no request for set off may
be made while the matter is pending in hearing or any appeal therefrom.
SECTION 2. This article
shall take effect upon passage.
ARTICLE 33
Relating To Unclaimed Intangible and Tangible Property
SECTION
1. Chapter 33-21.1 of the General Laws entitled "Unclaimed Intangible and Tangible
Property" is hereby amended by adding thereto the following section:
33-21.1-16.1. Unclaimed
demutualization proceeds. – Property distributable in the course of a demutualization of
an insurance company is deemed abandoned two (2) years after the date the
property is first distributable if, at the time of the first distribution the
last known address of the owner on the books and records of the holder is known
to be incorrect, or the distribution or statements are returned by the post
office as undeliverable; and the owner has not:
(1)
communicated in writing with the holder or its agents regarding the property;
or
(2) otherwise
communicated with the holder regarding the property as evidenced by a
memorandum or other record on file with the holder or its agent.
SECTION
2. Sections 33-21.1-17 and 33-21.1-18 of the General
Laws in Chapter 33-21.1 entitled "Unclaimed Intangible and Tangible
Property" are hereby amended to read as follows:
33-21.1-17. Report of abandoned property. -- (a) A person holding property tangible or intangible, presumed abandoned and subject to custody as unclaimed property under this chapter, shall report to the administrator concerning the property as provided in this section.
(b) The report must be verified and must include:
(1) Except with respect to travelers checks and money orders, the name, if known, and last known address, if any, of each person appearing from the records of the holder to be the owner of property of the value of fifty ($50.00) dollars or more presumed abandoned under this chapter;
(2) In the case of unclaimed funds of fifty dollars ($50.00) or more held or owing under any life or endowment insurance policy or annuity contract, the full name and last known address of the insured or annuitant and of the beneficiary according to the records of the insurance company holding or owing the funds;
(3) In the case of the contents of a safe deposit box or other safekeeping repository or of other tangible property, a description of the property and the place where it is held and may be inspected by the administrator and any amounts owing to the holder;
(4) The nature and identifying number, if any, or description of the property and the amount appearing from the records to be due, but items of value under fifty dollars ($50.00) each shall be reported in the aggregate;
(5) The date the property became payable, demandable, or returnable, and the date of the last transaction with the apparent owner with respect to the property; and
(6) Other information the administrator prescribes by rule as necessary for the administration of this chapter.
(c) If the person holding property presumed abandoned and subject to custody as unclaimed property is a successor to other persons who previously held the property for the apparent owner or the holder has changed his or her name while holding the property, he or she shall file with his or her report all known names and addresses of each previous holder of the property.
(d) The report must be filed before November 1 of each year as of June 30, next preceding, but the report of any life insurance company, including the report of unclaimed insurance company demutualization proceeds made pursuant to section 33-21.1-16.1, must be filed before May 1 of each year as of December 31 next preceding. On written request by any person required to file a report, the administrator may postpone the reporting date.
(e) Not more than one hundred and twenty (120) days before filing the report required by this section, the holder in possession of property presumed abandoned and subject to custody as unclaimed property under this chapter shall send written notice to the apparent owner at his or her last known address informing him or her that the holder is in possession of property subject to this chapter if:
(i) The holder has in its records an address for the apparent owner which the holder's records do not disclose to be inaccurate,
(ii) The claim of the apparent owner is not barred by the statute of limitations, and
(iii) The property has a value of fifty dollars ($50.00) or more.
33-21.1-18. Notice and publication of lists of abandoned property.
-- (a) The administrator shall
cause a notice to be published not later than March 1, or in the case of
property reported by life insurance companies, September 1, of the year
immediately following the report required by section 33-21.1-17 at least
once a week for two (2) consecutive weeks in a newspaper of general circulation
in the county of this state in which is located the last known address of any
person to be named in the notice. If no address is listed or the address is
outside this state, the notice must be published in the county in which the
holder of the property has its principal place of business within this state.
(b) The published notice must be entitled "Notice of Names of Persons Appearing to be Owners of Abandoned Property" and contain:
(1) The names in alphabetical order and last known address, if any, of persons listed in the report and entitled to notice within the county as specified in subsection (a);
(2) A statement that information concerning the property and the name and last known address of the holder may be obtained by any person possessing an interest in the property by addressing an inquiry to the administrator; and
(3) A statement that if proof of claim is not presented by the owner to the holder and the owner's right to receive the property is not established to the holder's satisfaction the property will be placed in the custody of the administrator and all further claims must thereafter be directed to the administrator.
(c) The administrator is not required to publish in the notice any items of less than fifty dollars ($50.00) unless the administrator considers their publication to be in the public interest.
(d) This section is not applicable to sums payable on travelers checks, money orders, and other written instruments presumed abandoned under section 33-21.1-4.
SECTION 3. This article shall take
effect on July 1, 2004.
ARTICLE 34
RELATING TO HEALTH - FACILITY LICENSING
SECTION 1. Section 23-17-2 of the General Laws in Chapter 23-17 entitled “Licensing of Health Care Facilities” is hereby amended to read as follows:
23-17-2. Definitions. -- As used in this chapter:
(1) "Alzheimer's dementia special care unit or program" means a distinct living environment within a nursing facility that has been physically adapted to accommodate the particular needs and behaviors of those with dementia. The unit provides increased staffing, therapeutic activities designed specifically for those with dementia, and trains its staff on an ongoing basis on the effective management of the physical and behavioral problems of those with dementia. The residents of the unit/program have had a standard medical diagnostic evaluation and have been determined to have a diagnosis of Alzheimer's dementia or another dementia.
(2) "Change in operator" means a transfer by the governing body or operator of a health care facility to any other person (excluding delegations of authority to the medical or administrative staff of the facility) of the governing body's authority to:
(A) Hire or fire the chief executive officer of the health care facility;
(B) Maintain and control the books and records of the health care facility;
(C) Dispose of assets and incur liabilities on behalf of the health care facility; or
(D) Adopt and enforce policies regarding operation of the health care facility.
(ii) This definition is not applicable to circumstances wherein the governing body of a health care facility retains the immediate authority and jurisdiction over the activities enumerated in subdivisions (2)(i)(A) – (2)(i)(D).
(3) "Change in owner" means:
(i) In the case of a health care facility which is a partnership, the removal, addition, or substitution of a partner which results in a new partner acquiring a controlling interest in the partnership;
(ii) In the case of a health care facility which is an unincorporated solo proprietorship, the transfer of the title and property to another person;
(iii) In the case of a health care facility that is a corporation:
(A) A sale, lease exchange, or other disposition of all, or substantially all of the property and assets of the corporation; or
(B) A merger of the corporation into another corporation; or
(C) The consolidation of two (2) or more corporations, resulting in the creation of a new corporation; or
(D) In the case of a health care facility which is a business corporation, any transfer of corporate stock which results in a new person acquiring a controlling interest in the corporation; or
(E) In the case of a health care facility which is a nonbusiness corporation, any change in membership which results in a new person acquiring a controlling vote in the corporation.
(4) "Clinician" means a physician licensed under title 5, chapter 37; a nurse licensed under title 5, chapter 34; a psychologist licensed under title 5, chapter 44; a social worker licensed under title 5, chapter 39.1; a physical therapist licensed under title 5, chapter 40; and a speech language pathologist or audiologist licensed under title 5, chapter 48.
(5) "Director" means the director of the Rhode Island state department of health.
(6) "Health care facility" means any institutional health
service provider, facility or institution, place, building, agency, or portion
thereof, whether a partnership or corporation, whether public or private,
whether organized for profit or not, used, operated, or engaged in providing
health care services, including but not limited to hospitals; nursing
facilities; home nursing care provider (which shall include skilled nursing
services and may also include activities allowed as a home care provider or as
a nursing service agency); home care provider (which may include services such
as personal care or homemaker services); rehabilitation centers; kidney disease
treatment centers; health maintenance organizations; free-standing emergency
care facilities, and facilities providing surgical treatment to patients not
requiring hospitalization (surgi-centers); hospice care, and physician
ambulatory surgery centers and podiatry ambulatory surgery centers providing
surgical treatment. The term "health care facility" also includes
organized ambulatory care facilities which are not part of a hospital but which
are organized and operated to provide health care services to outpatients such
as central services facilities serving more than one health care facility or
health care provider, treatment centers, diagnostic centers, rehabilitation
centers, outpatient clinics, infirmaries and health centers, school based
health centers and neighborhood health centers. The term "health care
facility" shall not apply to organized ambulatory care facilities owned
and operated by professional service corporations as defined in chapter 5.1 of
title 7, as amended (the "Professional Service Corporation Law"), or
to a private practitioner's (physician, dentist, or other health care provider)
office or group of the practitioners' offices (whether owned and/or operated by
an individual practitioner, alone or as a member of a partnership, professional
service corporation, organization, or association). Individual categories of
health care facilities shall be defined in rules and regulations promulgated by
the licensing agency with the advice of the health services council. Rules and
regulations concerning hospice care shall be promulgated with regard to the
"Standards of a Hospice Program of Care", promulgated by National
Hospice Organization. Any provider of hospice care who provides hospice care
without charge shall be exempt from the licensing provisions of this chapter
but shall meet the "Standards of a Hospice Program of Care."
Facilities licensed by the department of mental health, retardation, and
hospitals and the department of human services, and clinical laboratories
licensed in accordance with chapter 16.2 of this title, as well as Christian
Science institutions (also known as Christian Science Nursing Facilities)
listed and certified by the Commission for Accreditation of Christian Science
Nursing Organizations/Facilities, Inc. shall not be considered health care
facilities for purposes of this chapter.
(7) "Homemaker", or however else called, means a trained non-professional worker who performs related housekeeping services in the home for the sick, disabled, dependent, or infirm, and as further defined by regulation; the director shall establish criteria for training.
(8) "Hospital" means a person or governmental entity licensed in accordance with this chapter to establish, maintain and operate a hospital.
(9) "Licensing agency" means the Rhode Island state department of health.
(10) "Medical services" means any professional services and supplies rendered by or under the direction of persons duly licensed under the laws of this state to practice medicine, surgery, or podiatry that may be specified by any medical service plan. Medical service shall not be construed to include hospital services.
(11) "Non-English speaker" means a person who cannot speak or understand, or has difficulty in speaking or understanding, the English language, because he/she uses only or primarily a spoken language other than English, and/or a person who uses a sign language and requires the use of a sign language interpreter to facilitate communication.
(12) "Person" means any individual, trust or estate, partnership, corporation, (including associations, joint stock companies, and insurance companies) state, or political subdivision or instrumentality of a state.
(13) "Physician ambulatory surgery center" means an office or portion of an office owned and/or operated by a physician controlled professional service corporation as defined in chapter 5.1 of title 7 (the "Professional Service Corporation Law"), or a private physician's office or group of the physicians' offices (whether owned and/or operated by an individual practitioner, alone or as a member of a partnership, professional service corporation, organization, or association) which is utilized for the purpose of furnishing surgical services to the owner and/or operator's own patients on an ambulatory basis.
(14) "Podiatry ambulatory surgery center" means an office or portion of an office owned and/or operated by a podiatrist controlled professional service corporation as defined in chapter 5.1 of title 7 (the "Professional Service Corporation Law"), or a private podiatrist's office or group of the podiatrists' offices (whether owned and/or operated by an individual practitioner, alone or as a member of a partnership, professional service corporation, organization, or association) which is utilized for the purpose of furnishing surgical services to the owner and/or operator's own patients.
(15) "Qualified interpreter" means a person who, through experience and/or training, is able to translate a particular foreign language into English with the exception of sign language interpreters who must be licensed in accordance with chapter 71 of title 5.
(16) "Qualified sign language interpreter" means one who has been licensed in accordance with the provisions of chapter 71 of title 5.
(17) "School based health center" means a facility
located in an elementary or secondary school that delivers primary and
preventive health care services to students on site.
SECTION 2. Section 23-17-51 of the General Laws in Chapter 23-17 entitled “Licensing of Health Care Facilities” is hereby amended to read as follows:
23-17-51. Magnetic resonance imaging – Quality assurance
standards. – Any
licensed health care facility performing a magnetic resonance imaging
examination shall be accredited by the American College of Radiology. meet
state approved quality assurance standards for taking and processing magnetic
resonance imaging examinations. The director of health has the authority to
promulgate rules and regulations necessary to carry out the provisions of this
section. The rules and regulations are based upon the most current standards of
the American college of radiology.
SECTION 3. Section 27-18-53 of the General Laws in Chapter 27-18 entitled “Accident and Sickness Insurance Policies” is hereby amended to read as follows:.
27-18-53. Magnetic Resonance Imaging –Quality assurance
standards. – A
magnetic resonance imaging examination eligible for reimbursement under the provisions
of any individual or group health insurance contract, plan or policy delivered
in this state shall be reimbursed only if the provider at which the examination
has been conducted and processed, and the licensed physician interpreting the
results of the magnetic resonance imaging examination are both accredited by
the American College of Radiology. , both meet state approved quality
assurance standards for taking, processing, and interpreting magnetic resonance
imaging examinations. The director of health shall have the authority to
promulgate rules and regulations necessary to carry out the provisions of this
section. The rules and regulations shall be based upon the most current
standards of the American College of Radiology.
SECTION 4. Section 27-19-46 of the General Laws in Chapter 27-19 entitled “Nonprofit Hospital Service Corporations” is hereby amended to read as follows:
27-19-46.
Magnetic resonance
imaging – Quality assurance standards. -- A magnetic
resonance imaging examination eligible for reimbursement by a nonprofit
hospital services corporation licensed pursuant to this chapter is reimbursed
only if the provider at which the examination has been conducted and processed,
and the licensed physician interpreting the results of the magnetic resonance
imaging examination are both accredited by the American College of
Radiology. , both meet state approved quality assurance standards for
taking, processing, and interpreting magnetic resonance imaging examinations.
The director of health has the authority to promulgate rules and regulations
necessary to carry out the provisions of this section. The rules and
regulations are based upon the most current standards of the American College
of Radiology.
SECTION 5. Section 27-41-56 of the General Laws in Chapter 27-41 entitled “Health Maintenance Organizations” is hereby amended to read as follows:
27-41-56. Magnetic Resonance Imaging – Quality assurance
standards. -- A magnetic resonance imaging examination eligible
for reimbursement by a health maintenance organization licensed pursuant to
this chapter is reimbursed only if the provider at which the examination has
been conducted and processed, and the licensed physician interpreting the
results of the magnetic resonance imaging examination are both accredited by
the American College of Radiology. , both meet state approved quality
assurance standards for taking, processing, and interpreting magnetic resonance
imaging examinations. The director of health has the authority to promulgate
rules and regulations necessary to carry out the provisions of this section.
The rules and regulations are based upon the most current standards of the
American College of Radiology.
SECTION 6. Chapter 23-17.7 of the General Laws entitled “Licensing of Nursing Service Agencies” is hereby repealed in its entirety.
CHAPTER 17.7
LICENSING OF NURSING SERVICE AGENCIES
23-17.7-1 Declaration of purpose. – The purpose of
this chapter is to provide for the development, establishment, and enforcement
of standards:
(1) For the licensing of nursing service agencies; and
(2) To promote safe and adequate care for individuals receiving
nursing and nursing related services.
23-17.7-2. Definitions. – (a)
"Director" means the director of the state department of health;
(b) "Licensing agency" means the state department of
health;
(c) "Nursing assistant" is defined as a nursing,
orderly, or home health aide who is a paraprofessional trained to give personal
care and related health care and assistance based on his or her level of
preparation to individuals who are sick, disabled, dependent, or infirmed. The
director of the department of health may by regulation establish different
levels of nursing assistants;
(d) "Nursing service agency" is defined as any
person, firm, partnership, or corporation doing business within the state that
supplies, on a temporary basis, registered nurses, licensed practical nurses,
or nursing assistants to a hospital, nursing home, or other facility requiring
the services of those persons, with the exception of home nursing care
providers, home care providers, and hospices licensed in this state. For all
purposes a nursing service agency shall be considered an employer and those
persons that it supplies on a temporary basis shall be considered employees and
not independent contractors, and nursing service agency shall be subject to all
state and federal laws which govern employer-employee relations;
(e) "Service record" means the written entire
documenting service rendered by the nursing service agency.
23-17.7-3.
Licensing of nursing
service agencies – Rules governing Establishment of fees. -- (a)
The director may establish reasonable fees for the licensure application,
licensure renewal, and administrative actions under this chapter. Annual
licensure fees shall be five hundred dollars ($500) per licensee, provided,
however, that annual licensure fees for bona fide independent agencies with ten
(10) or fewer employees shall be two hundred dollars ($200). All annual
licensure fees shall be collected and deposited in a restricted receipt account
that shall be used for the general purposes of the division of facilities
regulation within the department of health.
(b) The department of health shall promulgate licensure
standards, and rules and regulations governing the operation of nursing service
agencies to protect the health and welfare of patients. These regulations shall
include, but not be limited to, employee bonding, maintenance of service
records, and appropriate staff professional registration and certification,
licensure training, supervision, health screening, and liability insurance.
23-17.7-4. License required for nursing service agencies. -- No
person shall establish, conduct, or maintain a nursing service agency in this
state without a license issued pursuant to this chapter.
23-17.7-5. Application for license. -- An
application for a license shall be made to the licensing agency upon forms
provided by it and shall contain any information that the licensing agency
reasonably requires, which may include affirmative evidence of ability to
comply with reasonable standards and the rules and regulations as issued
pursuant to this chapter. Each application shall be accompanied by payment of
the fees prescribed in accordance with § 23-17.7-3.
23-17.7-6.
Issuance of license –
Posting – Transfer conditions. -- Upon receipt of
an application for a license, the licensing agency shall issue a license if the
applicant meets the requirements established under this chapter, and any
reasonable rules and regulations that may be established in accordance with the
requirements established under this chapter. The license shall be conspicuously
posted on the licensed premises. Each license shall be issued only to person(s)
named in the application and shall not be transferable or assignable except
with the prior written approval of the licensing agency. Any change in owner or
operator of a licensed nursing service agency shall require approval of the
licensing agency as a condition precedent to the transfer, assignment, or
issuance of a new license.
23-17.7-7. Expiration and renewal of license. -- A
license shall be for one year and shall expire on the thirty-first (31st) day
of December following its issuance and may be renewed from year to year after
inspection, report, approval, and collection of fees by the licensing agency.
The inspection shall be made any time prior to the date of expiration of the
license. The report shall contain information in any form that the licensing
agency shall prescribe by regulation.
23-17.7-8. Denial, suspension, or revocation of license. -- The
licensing agency, after notice and opportunity for a hearing to the applicant
or licensee, is authorized to deny, suspend, or revoke a license in any case in
which it finds that there has been failure to comply with the requirements
established under and pursuant to this chapter. The notice shall be effected by
registered or certified mail or by personal service, setting forth the
particular reasons for the proposed action and fixing a date not less than
thirty (30) days from the date of the mailing or service, at which time the
applicant or licensee shall be given an opportunity for a prompt and fair
hearing. On the basis of the hearing, or upon the failure of the applicant or
licensee to appear, the licensing agency shall make a determination specifying
its findings of fact and conclusion of law. A copy of the determination shall
be sent by registered or certified mail or served personally upon the applicant
or licensee. The decision denying, suspending, or revoking the license or
application shall become final thirty (30) days after it is so mailed or
served, unless the applicant or licensee, within the thirty (30) day period,
appeals the decision pursuant to § 42-35-15. The procedure governing hearings
authorized by this section shall be in accordance with §§ 42-35-9 through
42-35-13 as stipulated in § 42-35-14(a). A full and complete record shall be
kept of all proceedings, and all testimony shall be reported but need not be
transcribed unless the decision is appealed pursuant to § 42-35-15. A copy or
copies of the transcript may be obtained by an interested party on payment of
the cost of preparing the copy or copies. Witnesses may be subpoenaed by either
party.
23-17.7-9. Judicial review of license action. -- Any
person who has exhausted all administrative remedies available to him or her
within the licensing agency, and who is aggrieved by a final decision of the
licensing agency, is entitled to judicial review in accordance with the
provisions of §§ 42-35-15 and 42-35-16.
23-17.7-10. Regulations, inspections, and investigations. -- The
licensing agency shall, after a public hearing pursuant to chapter 35 of title
42, give notice, adopt, amend, promulgate, and enforce any rules and
regulations and standards with respect to nursing service agencies to be
licensed under this chapter that may be designed to further the accomplishment
of the purposes of this chapter in promoting safe and adequate care of
individuals receiving nursing and nursing assistant services, in the interest
of public health, safety, and welfare. All licensed nursing service agencies
shall be required to protect clients by insuring that all persons whom it
employs receive training and/or competency evaluation pursuant to the
provisions of §§ 23-17.9-3 and 23-17.7-11. The licensing agency shall make or
cause to be made any inspections and investigations that it deems necessary
including service records.
Every individual who is employed to provide nursing assistant
services shall be required to comply with the provisions of § 23-17.9-3.
23-17.7-12. Nursing service agency employees Identification. -- (a)
Any employee of a nursing service agency upon employment and prior to placement
shall be provided with a photo identification which shall be worn on the
employee's person while the employee is working.
(b) The photo identification shall be in addition to a recent
photograph of the employee and shall include the employee's name, certificate,
or licensing number with expiration date and the name of the nursing service
agency.
23-17.7-13. Duties of nursing assistants and supervision. -- (a)
The duties of nursing assistants shall be defined by the director by rules and
regulations.
(b) Supervision in those nursing service agencies which provide
direct care to patients shall be provided according to policies and procedures
set forth in regulation which shall include, but not be limited to, a plan of
care and the provision that nursing assistants shall be supervised by a registered
nurse.
(c) Every person, sole proprietor, corporation, partnership, or
government agency which provides or arranges for nursing assistants shall have
supervision as set forth in subsection (b), available either directly from
agency staff or written contractual arrangement with a qualified individual
and/or licensed agency
23-17.7-14. Agencies to which chapter inapplicable. -- (a)
The provisions of this chapter shall not be construed to apply to home nursing
care providers and home care providers licensed in accordance with chapter 17
of this title; however, the agencies shall be subject to the same training
requirements for nursing assistants and the duties of the individuals shall be
the same as those prescribed by regulations.
(b) Training Thru Placement, Inc. and the respite care services
provided to the developmentally disabled by Training Thru Placement, Inc. shall
be exempted from the provisions of this chapter.
23-17.7-15.
Nursing service
agencies exempt. -- The provisions of this chapter
shall not apply to:
(1) Nursing service agencies and nursing exempt from regulation
by the state; or
(2) Visiting nursing services or home health services conducted
by and for those who rely exclusively upon spiritual means through prayer alone
in accordance with the creed or tenets of a recognized church or religious
denomination.
23-17.7-16. Severability. – If any provision of this chapter or the application of
any provision of this chapter to any person or circumstance shall be held invalid,
the invalidity shall not affect the provisions or application of this chapter
which can be given effect without the invalid provisions or application, and to
this end the provisions of the chapter are declared to be severable.
23-17.7-17.
Criminal records
review. -- (a) Any person seeking employment in a
facility which is or is required to be licensed or registered with the
department of health if that employment involves routine contact with a patient
or resident without the presence of other employees, shall undergo a criminal
background check, which shall be initiated prior to, or within one week of,
employment. All employees hired prior to the enactment of this section shall be
exempted from the requirements of this section.
(b) The director of the department of health may by rule
identify those positions requiring criminal background checks. The employee,
through the employer, shall apply to the bureau of criminal identification of
the state police or local police department for a statewide criminal records
check. Fingerprinting shall not be required. Upon the discovery of any
disqualifying information as defined in § 23-17.7-18 and in accordance with the
rule promulgated by the director of health, the bureau of criminal
identification of the state police or the local police department will inform
the applicant, in writing, of the nature of the disqualifying information; and,
without disclosing the nature of the disqualifying information, will notify the
employer, in writing, that disqualifying information has been discovered
(c) An employee against whom disqualifying information has been
found may request that a copy of the criminal background report be sent to the
employer who shall make a judgment regarding the continued employment of the
employee
(d) In those situations in which no disqualifying information
has been found, the bureau of criminal identification of the state police or
the local police shall inform the applicant and the employer, in writing, of
this fact.
(e) The employer shall maintain on file, subject to inspection
by the department of health, evidence that criminal records checks have been
initiated on all employees seeking employment after October 1, 1991, and the
results of the checks. Failure to maintain that evidence would be grounds to
revoke the license or registration of the employer.
(f) It shall be the responsibility of the bureau of criminal
identification of the state police or the local police department to conduct
the criminal records check to the applicant for employment without charge to
either the employee or the employer.
23-17.7-18. Prior criminal records checks. -- If an applicant for employment has
undergone a statewide criminal records check within eighteen (18) months of an
application for employment, then an employer may request from the bureau of
criminal identification or local police a letter indicating if any
disqualifying information was discovered. The bureau of criminal identification
will respond without disclosing the nature of the disqualifying information.
The letter may be maintained on file to satisfy the requirements of this
chapter.
23-17.7-19.
Rules and regulations.
-- The director of the department of health is
authorized to promulgate rules and regulations to carry out the intent of this
chapter.
23-17.7-20.
Disqualifying
information. -- (a) Information produced by a
criminal records review pertaining to conviction, for the following crimes will
result in a letter to the employee and employer disqualifying the applicant
from employment: murder, voluntary manslaughter, involuntary manslaughter,
first degree sexual assault, second degree sexual assault, third degree sexual
assault, assault on persons sixty (60) years of age or older, assault with
intent to commit specified felonies (murder, robbery, rape, burglary, or the
abominable and detestable crime against nature), felony assault, patient abuse,
neglect or mistreatment of patients, burglary, first degree arson, robbery,
felony drug offenses, larceny, or felony banking law violations. An employee
against whom disqualifying information has been found may request that a copy
of the criminal background report be sent to the employer who shall make a
judgment regarding the continued employment of the employee.
(b) For purposes of this section "conviction" means,
in addition to judgments of conviction entered by a court subsequent to a
finding of guilty or a plea of guilty, those instances where the defendant has
entered a plea of nolo contendere and has received a sentence of probation and
those instances where a defendant has entered into a deferred sentence
agreement with the attorney general.
23-17.7-21. Immunity from liability. -- No
employer who disqualifies an individual from employment or continued employment
within thirty (30) days of receipt of a letter containing disqualifying
information as defined in § 23-17.7-20 or of a criminal background report
relating to that information shall be liable for civil damages or subject to
any claim, cause of action, or proceeding of any nature as result of the
disqualification.
SECTION 7. This article shall take effect on July 1, 2003.
ARTICLE 35
Relating To Public Utilities and Carriers -- Regulatory Powers of
Administration
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, 2002 2003 to June 30, 2003 2004.
SECTION
2. This article shall take effect on July 1, 2003.
ARTICLE 36
RELATING TO Rhode Island Public corporation debt management act
joint resolutions
SECTION 1. House Resolution Number 340, 2001 H-6533, entitled “Joint Resolution Approving the Financing of a New Training School for Youth at the Pastore Center in Cranston” is hereby amended to read as follows:
WHEREAS, The Rhode Island Training School for Youth (the “Training School”) was established for the detention of children by order of the Family Court and for the confinement, instruction and reformation of children found delinquent by the Family Court; and
WHEREAS, The Training School is a secure, 24 hour/365 day residential program for both male and female adjudicated delinquents, and youth detained and awaiting trial. The program provides for the protection of Rhode Island residents through the supervision and housing of youth, educational, medical, recreational, religious and rehabilitative services, and proper placement for youth upon release; and
WHEREAS, Since 1973, the Training School has been the subject of a Federal District Court Order to improve physical conditions, programming, services, policies and procedures; and
WHEREAS, A Consent Decree, entered by the Federal District Court in October 2000, includes the requirement that the department construct a new facility or renovate the existing facility to provide adequate and sufficient housing, education and programming to training school residents; and
WHEREAS, The present capacity of the Training School is 180 beds and does not accommodate the number of residents which need to be housed. The resultant overcrowding creates an unsafe environment for both residents and staff and the current housing configuration results in high supervision costs; and
WHEREAS, The buildings are not in compliance with the Americans with Disabilities Act; and
WHEREAS, The buildings lack electrical security and life safety systems, have deteriorated bathrooms and shower areas, inadequate HVAC systems, interior doors and hardware, and poor electrical lighting; and
WHEREAS, In the last decade, a new school building was constructed and three modular buildings were constructed, and renovations and improvements were made to Buildings 9, 5 and 6; and
WHEREAS, Notwithstanding the improvements made to the facility, the physical plant of the facility is not capable of meeting American Correctional Association accreditation as required by the Federal Court and therefore has prevented full compliance with the Court Order necessitating the need for Judicial oversight; and
WHEREAS, These and related problems require the construction and furnishing of a new facility on existing state property on Power Road in Cranston to the south of Route 37; and
WHEREAS, The new facility would have a total of 214 beds, with options for future expansion should it become necessary, and would provide safe housing and education and programming opportunities for training school residents; and
WHEREAS, The design and construction of the project are to be financed through Certificates of Participation, with an expected payback period of twenty (20) years, the Rhode Island Capital Plan, federal funds, and with proceeds from the 1994 sale of the Sockanosett property. Financing for the operation and maintenance of the facility will be included in the annual operating budgets of the Department of Children, Youth and Families; and
WHEREAS, The capital costs associated with this project are estimated to be $60 million. This includes $300,000 from the Rhode Island Capital Plan Fund, $645,364 in federal funds, proceeds of $1.9 million from the 1994 sale of the Sockanosett property and $57.2 million from the issuance of Certificates of Participation. The total issuance would be approximately $57.8 million, with $57.2 million deposited in the construction fund and $555,000 available to pay the associated costs of issuance. Total lease payments over twenty (20) years on the $57.8 million issuance are projected to be $92.6 million, assuming an average coupon of 5.03 %. The lease payments would be financed within the Department of Administration from general revenue appropriations and any other sources available to the department; now, therefore be it
RESOLVED, That a new training school is critical for the State to comply with the Federal Court Consent Decree and would provide secure, humane living conditions and rehabilitative opportunities for training school residents; and
RESOLVED, That this General Assembly thereby approves financing in an amount not to exceed $57.8 million for the construction of a new Training School for Youth; and be it further
RESOLVED, That this Joint Resolution shall take effect
immediately upon its passage by this General Assembly.; and be it
further
RESOLVED, That this Resolution shall apply to bonds issued
prior to February 1, 2004; and be it further
RESOLVED, That prior to the issuance of any bonds, a
report that includes site, cost, final design, and program shall be submitted
to the Governor, the Speaker of the House of Representatives, the President of
the Senate and the Chairpersons of the House and Senate Finance Committees; and
provided further that bonds shall not issue unless the Speaker of the House and
President of the Senate transmit a letter to the Governor signifying the
approval of the report; and be it further
RESOLVED, That the amendments to this Joint Resolution
shall take effect upon passage by the General Assembly.
SECTION 2. WHEREAS, The University of Rhode Island is proposing a project which involves the construction of a new sixteen thousand (16,000) square foot lodge and an addition to the dining room and service kitchen at the Whispering Pines Conference Center (the “Conference Center”) on the W. Alton Jones Campus; and
WHEREAS, This new lodge is planned to include approximately twenty (20) bedrooms, an approximately two thousand (2,000) square foot meeting room, and an approximately one thousand (1,000) square foot living room. Constructed on a site northeast of the main dining lodge, the new lodge will be within close proximity to the Laurel Lodge and is planned to face Louttit Pond. Completion of this new lodge will provide the Conference Center with approximately fifty-two (52) guest rooms and five (5) meeting rooms. The proposal also includes an enlarged dining room consisting of approximately two thousand and sixteen (2,016) square feet and an addition of approximately four hundred eighty (480) square feet to the serving kitchen to enhance the Conference Center’s ability to maximize the number of groups it serves; and
WHEREAS, Since the construction of Sycamore Lodge in 1992, the Conference Center has increased its gross revenues from less than six hundred fifty thousand dollars ($650,000) annually to nearly two million dollars ($2,000,000) per year. This revenue growth has been instrumental in assisting the campus to become financially self-supporting. Recent sales and marketing efforts are producing requests for meeting space that exceed the present capacity, especially for overnight meetings, the most profitable segment. Adding to the overnight sleeping facilities will allow the Conference Center to book larger groups and to accommodate additional requests from groups that are currently customers of the Conference Center; and
WHEREAS, Increasing the size of the dining room and the serving kitchen will also enable the Conference Center to make the most efficient use of the new lodge by permitting both day and overnight meeting groups to use the Conference Center. The proposed new lodge is planned to consist of a two-story wood structure similar to the Sycamore Lodge with the addition of a small exercise/workout area for guests to utilize, as well as a larger conference room and leisure area. The building is planned to be equipped with modern telecommunications facilities and will include televisions, telephones and Internet access in each guest room and common area; and
WHEREAS, A construction engineer has reviewed the estimated costs and construction expenses for this project. The engineer’s projected inflation rates have been used in estimating this project. The campus management is prepared to accelerate the commencement of design work in advance of the July 2003 design-start date using funds from the W. Alton Jones Campus Endowment to be reimbursed from the long-term financing.
WHEREAS, The Rhode Island Public Corporation Debt Management Act (R.I. General Laws Section 35-18-1 et seq.) requires that no elected or appointed state official may enter into any financing lease or into any guarantee with any person without the prior approval of the general assembly if the total payments under the financing lease or guarantee will exceed the sum of four million dollars ($4,000,000), and further provides that no bonds may be issued or incurred by any public corporation to finance, in whole or in part, the construction, acquisition or improvement of any essential public facility without the prior approval of the general assembly; and
WHEREAS, The Rhode Island Public Corporation Debt Management Act (R.I. General Laws section 35-18-1, et seq.) requires the general assembly to provide its consent to the issuance of certain obligations; and
WHEREAS, The design, construction and equipping of these improvements will be financed through RIHEBC revenue bonds, with an expected term of twenty (20) years; and
WHEREAS, Debt service payments would be supported by revenues of the projects financed; now, therefore be it
RESOLVED, That the total amount of the debt approved to be issued in the aggregate shall be limited to not more than four million two hundred eighty-five thousand dollars ($4,285,000). Total debt service on the bonds is not expected to exceed three hundred thirty-five thousand dollars ($335,000) annually and six million six hundred forty-two thousand dollars ($6,642,000) in the aggregate based on an average interest rate of four and eight-tenths (4.8) percent and a twenty (20) year maturity; and be it further
RESOLVED, That the new facility is critical to improve and accommodate the daily operation of the University of Rhode Island and that this General Assembly hereby approves financing; and be it further
RESOLVED, That this Joint Resolution shall take effect upon passage by the General Assembly.
SECTION 3. WHEREAS, URI is proposing construction of a new five hundred (500)-eight hundred (800) student housing facility in one or more buildings. The project uses revenue from the new beds and retail space to support the debt service on the entire project. This model allows URI to construct housing needed by undergraduate and graduate students more quickly than if a similar project were constructed under the traditional design-bid-build model. Currently, URI has a waiting list of students interested in housing; and
WHEREAS, The Board of Governors has a strategic initiative to increase the number of students attaining a degree and is making a concerted effort to improve student retention. The goal of improving retention by two percent (2%) per year for the next three(3) years, by itself, would add to the current campus housing need of seven hundred (700) apartment beds, and two hundred fifty (250) suite beds; and
WHEREAS, Studies and conversations with colleagues at other institutions, consultants, developers and others in the industry agree that today’s students and their families are looking for higher quality housing and a variety of housing style options. They want housing with amenities such as access to voice, video and data, private bathrooms and comfortable living spaces where students can gather. Over the course of their careers, students want the ability to progressively move from a dormitory-style of living to suites and finally to independent living in apartments. URI currently lacks suite-style or sufficient apartment-style housing to meet this changing demand; and
WHEREAS, For some time, URI has been aware of the changing expectations of students relative to campus housing. Studies and survey data collected since 1998 indicate that upper-level students prefer to live in apartment-style or suite-style housing as opposed to the more traditional dormitory units with double-loaded corridors and shared bathrooms; and
WHEREAS, More recently URI has experienced an unanticipated surge in demand for campus housing – fueled in part by the Internet access provided by the URI network backbone, competitors’ ability to guarantee campus housing beyond the freshman year, and an overall desire for the convenience of campus living. URI lags behind many of its competitors in responding to this important shift in student needs; and
WHEREAS, Evidence that supports this change in URI’s traditional housing pattern – where freshmen live on campus and then move “down the line” in subsequent years – can be found in the current waiting list for undergraduate campus housing. In addition, there is a waiting list of ninety-five (95) graduate students seeking campus housing. The current inventory of apartments for graduate students is one hundred twenty-four (124). These units have been at capacity for the last several years. The Admissions Office is hearing from prospective students that tripling in dorm rooms and URI’s inability to guarantee campus housing beyond the freshman year is a concern; and
WHEREAS, In March 2000, the Dantner Company, a national real estate research firm, conducted an analysis of student housing in the Kingston area. They studied the strength of the current market and the anticipated future demand for rental housing as well as student enrollment trends, the economy and the need for additional housing options for URI students. They were asked to evaluate the feasibility of constructing apartment-style housing on or near the campus in Kingston. The Dantner Company found, based on their interviews, case studies of other college communities and their evaluation of the Kingston market, that there is a potential resident pool of six thousand one hundred ninety three (6,193) students – graduate and undergraduate – in addition to those already living on campus. Using a capture ratio of ten percent (10%) of the total residential pool, it is Dantner’s opinion that at least six hundred twenty (620) people currently living off-campus would be attracted to new apartments on or near campus; and
WHEREAS, The Rhode Island Public Corporation Debt Management Act (R.I. General Laws section 35-18-1, et seq.) requires the general assembly to provide its consent to the issuance of certain obligations; and
WHEREAS, The design, construction and equipping of these improvements will be financed through RIHEBC revenue bonds, with an expected term of thirty (30) years; and
WHEREAS, Debt service payments would be supported by revenues of the projects financed; now, therefore be it
RESOLVED, That the total amount of debt approved to be issued in the aggregate shall be limited to not more than sixty-six million nine hundred thirty-five thousand dollars ($66,935,000). Total debt service on the bonds is not expected to exceed four million four hundred thousand dollars ($4,400,000) annually and one hundred twenty-nine million fifteen thousand dollars ($129,015,000) in the aggregate based on an average interest rate of four and eight-tenths (4.8) percent and a thirty (30) year maturity; and be it further
RESOLVED, That the new dormitory facilities are critical to improve and accommodate the daily operation of URI; and that this general assembly hereby approves financing; and it be further
RESOLVED, That this Joint Resolution shall take effect upon its passage by this General Assembly.
SECTION 4. WHEREAS, Rhode Island College has five existing residence halls: Thorp, Weber, Browne, Willard and Sweet built in 1959, 1964, 1967, 1971, and 1991 respectively, which provide housing for eight hundred thirty (830) students. Four (4) of the residence halls are over thirty (30) years old and have progressively been renovated and upgraded for telecommunications. It has been a challenge for the institution to establish a price for housing that covers personnel, operating and debt service expenses while encouraging students to live in these facilities. Given the age and traditional design style of the existing on-campus housing, the college is faced with the decision to provide more affordable on-campus housing that meets the expectations of today’s students; and
WHEREAS, As competition for students grows between and among public and private institutions, the quality of programs and services such as residential life becomes a critical component upon which students and their parents make choices. Since housing choices are voluntary, it is important to provide up-to-date facilities for students; otherwise, students will elect to commute from home, live off-campus, or attend another institution; and
WHEREAS, The demand for on-campus housing has been increasing for several years due to a variety of factors. Waiting lists for available rooms have increased from fifty (50) to one hundred fifty (150) per year over the last three (3) years. The college has experienced a small but gradual increase in enrollment. The telecommunications investment in the residence halls has increased the desirability of on-campus housing. Concurrently, affordable off-campus housing has been decreasing due to increased housing costs and competition from non-student renters and residential buyers; and
WHEREAS, The Rhode Island Public Corporation Debt Management Act (R.I. General Laws section 35-18-1, et seq.) requires the general assembly to provide its consent to the issuance of certain obligations; and
WHEREAS, The design construction and equipping of these improvements will be financed through RIHEBC revenue bonds with an expected term of twenty (20) years; and
WHEREAS, Debt service payments will be supported by revenues of the project; now, therefore be it
RESOLVED, That the Board of Governors shall submit the feasibility study and pro forma projections for the project to the chairperson of the House Finance Committee and the chairperson of the Senate Finance Committee; and be it further
RESOLVED, That the total amount of debt approved to be issued in the aggregate shall be limited to not more than seven million five hundred thousand dollars ($7,500,000). Total debt service on the bonds is not expected to exceed five hundred thousand dollars ($500,000) annually and fourteen million dollars ($14,000,000) in the aggregate based on an average interest rate of four and eight-tenths (4.8) percent and a twenty (20) year maturity; and be it further
RESOLVED, That the new facility is critical to improve and accommodate the daily operation of Rhode Island College and that this General Assembly hereby approves financing; and be it further
RESOLVED, That this Joint Resolution shall take effect upon passage by the General Assembly.
SECTION 5. WHEREAS, The facility housing the Rhode Island Traffic Tribunal (“RITT”) was originally a manufacturing building retrofitted into a courthouse in 1974; and
WHEREAS, Over the past twenty (20) years, the RITT has undergone considerable remodeling and rehabilitation to accommodate the changing needs of the Judiciary and the public; and
WHEREAS, Notwithstanding these improvements, the RITT is grossly inadequate for the current and projected needs of the people it serves; and
WHEREAS, The current RITT is not in compliance with the American Disabilities Act, and thus, is not handicap accessible. The governor’s Commission on Handicap Accessibility is unwilling to grant another waiver for ADA noncompliance beyond June 30, 2003 since the current building has been on waiver since February 1997. The cost to bring the current building in compliance with ADA will be approximately eight hundred thousand dollars ($800,000) to one million dollars ($1,000,000); and
WHEREAS, The heating, ventilation, and air conditioning systems are antiquated and need replacement. The building is inadequate to handle the flow of people on a daily basis. The physical appearance of the building is unprofessional, overcrowded, and in a visible state of disrepair. The new facility will also help to relieve the scheduling and customer relation problems that permeate the court operation due to the design of the current courthouse; and
WHEREAS, The current RITT poses a dangerous security risk due to the lack of separation among the public, judges, and staff relative to the circulation traffic and usage of the hallways, corridors, courtrooms, and office space within the building. Since the building was originally utilized as a manufacturing building, security considerations were not factored in the design. As such, a potentially dangerous security hazard is created by the existence of the following high risk situations: the main central corridor system in the building is simultaneously used by judges, the public, and staff; and the easy accessibility to judges’; chambers and staff offices by the public; and
WHEREAS, These and related problems require that a new facility be provided to house the RITT in a safe, efficient, and user-friendly fashion; and
WHEREAS, A new RITT facility will contain at least seven (7) courtrooms and provide four hundred and fifty (450) parking spaces for judges, staff, and the public; and
WHEREAS, The Rhode Island Public Corporation Debt Management Act (Rhode Island General Laws. 1956 section 35-18-1, et seq.) requires that the general assembly provide its consent to the issuance of certain obligations; and
WHEREAS, The design, construction, and equipping of these improvements will be financed through Certificates of Participation, with an expected payback period of twenty (20) years. Financing the operation and maintenance of the new RITT facility will be included in the annual operating budget of the Rhode Island Judiciary; and
WHEREAS, The capital costs associated with the project are estimated to be twenty one million eight hundred thousand dollars ($21,800,000). The total issuance would be approximately twenty six million four hundred twenty-five thousand dollars ($26,425,000), with twenty one million eight hundred thousand dollars ($21,800,000) deposited in the construction fund, two million two hundred thousand dollars ($2,200,000) million deposited into a debt service reserve fund, if required, one million nine hundred sixty thousand dollars ($1,960,000) for capitalized interest over eighteen (18) months, and four hundred twenty five thousand dollars ($425,000) available to pay the associated costs of issuance. Total lease payments over twenty (20) years on the twenty six million four hundred twenty five thousand dollars ($26,425,000) million issuance are projected to be forty two million nine hundred thousand dollars ($42,900,000) million. This assumes an average coupon of five percent (5.0%). The lease payments would be financed within the Department of Administration from general revenue appropriations and any other sources available to the agencies occupying the court;
NOW, THEREFORE, BE IT RESOLVED,
THAT, a new RITT facility is critical to ensure that justice is administered in a safe and efficient manner.
THAT, this general assembly hereby approves financing in an amount not to exceed twenty-six million four hundred twenty-five thousand dollars ($26,425,000) for the provision of a new RITT facility.
BE IT FURTHER RESOLVED,
THAT, this Joint Resolution shall take effect immediately upon its passage by this general assembly with funding to be included in the FY 2005 Appropriations Act.
SECTION 6. WHEREAS, The Rhode Island Economic Development Corporation (the “Economic Development Corporation”) is a public instrumentality of the State of Rhode Island (the “State”) created by the general assembly pursuant to R.I. General Laws section 42-64-1 et seq. (as enacted, reenacted and amended, the “Act”); and
WHEREAS, It is the policy of the state to retain existing industries and to induce, encourage and attract new industries through the acquisition, construction, reconstruction and rehabilitation of industrial, manufacturing, recreational, and commercial facilities, as well as transportation, residential, environmental, utility, public service, institutional and civic and community facilities, and to develop sites for such facilities; and
WHEREAS, The Act provides that the Economic Development Corporation shall have the power to purchase, take, receive, lease or otherwise acquire, own, hold, improve, use and otherwise deal in and with, real or personal property, or any interest therein, wherever situated; and
WHEREAS, The Economic Development Corporation proposes to enter into a loan agreement or other financing agreement with Amgen pursuant to which Amgen will be obligated to make payments in an amount necessary to pay debt service related to not more than six million six hundred thousand dollars ($6,600,000) bonds; and
WHEREAS, The Economic Development Corporation proposes to enter into a loan agreement or other financing agreement with the town of Coventry pursuant to which the town of Coventry will be obligated to make payments in the amount necessary to pay debt service related to not more than three million four hundred thousand dollars ($3,400,000) bonds; and
WHEREAS, The Economic Development Corporation, through the use of the capital reserve fund mechanism under the act, will pay debt service on the bonds to the extent amounts received from Amgen and the town of Coventry are insufficient to pay debt service on the bonds. Therefore, the maximum fiscal year obligation the of the Economic Development Corporation and the State of Rhode Island is the total debt service which is approximately eight hundred twenty five thousand dollars ($825,000); and
WHEREAS, In the event that not all of the bond proceeds are used to carry out the specified project, the Economic Development Corporation will use any remaining funds to pay debt service on the bonds;
NOW, THEREFORE, BE IT RESOLVED,
THAT, this general assembly hereby approves the Economic Development Corporation’s issuance of not more than ten million dollars ($10,000,000) bonds and the issue of the capital reserve fund mechanism for the purposes outlined herein;
THAT, the bonds will be special obligations of the Economic Development Corporation payable from funds received by the Economic Development Corporation under the loan agreements and the capital reserve fund. The Economic Development Corporation’s and the state’s maximum liability will be the total debt service on the bonds, estimated to be eight hundred twenty five thousand dollars ($825,000) per year or sixteen million five hundred thousand dollars ($16,500,000) in the aggregate based on level debt service, an average interest rate of five percent(5.00%) and a twenty (20) year maturity;
THAT, the bonds will not constitute indebtedness of the state or any of its subdivisions or a debt for which the full faith and credit of the state or any of its subdivisions is pledged except to the extent that the state funds any deficiency in the capital reserve fund in amount not to exceed eight hundred twenty five thousand dollars ($825,000) per year subject to annual budget appropriations; and
BE IT FURTHER RESOLVED,
THAT, this Joint Resolution shall take effect immediately upon its passage by this general assembly, provided that the delivery of the bonds shall be not later than one year from the date of such passage.
SECTION 7. WHEREAS, The Rhode Island Economic Development Corporation is a public instrumentality of the State of Rhode Island (the “State”), created by the general assembly pursuant to Rhode Island General Laws section 42-64-1 et seq. (as enacted, reenacted and amended, the (“Act”); and
WHEREAS, The Act declares, in part, that new industrial, manufacturing, recreational, and commercial facilities are required to attract and house new industries and thereby reduce the hazards of unemployment; and that unaided efforts of private enterprises have not met and cannot meet the needs of providing those facilities due to problems encountered in assembling suitable building sites, lack of adequate public service, unavailability of private capital for development, and the inability of private enterprise alone to plan, finance, and coordinate industrial, recreational, and commercial development; and
WHEREAS, The Act further declares it to be the public policy of the state to furnish proper and adequate airport facilities within the state and to encourage the integration of these facilities so far as practicable; and
WHEREAS, In furtherance of these goals, it is the policy of the state to retain existing industries and to induce, encourage and attract new industries through the acquisition, construction, reconstruction and rehabilitation of industrial, manufacturing, recreational, and commercial facilities, as well as transportation, residential, environmental, utility, public service, institutional and civic and community facilities, and to develop sites for such facilities; and
WHEREAS, The Act has empowered the Rhode Island Economic Development Corporation to establish subsidiary corporations to exercise its powers and functions, or any of them, and, pursuant to such power, the Rhode Island Economic Development Corporation has established the Rhode Island Airport Corporation to plan, develop, construct, finance, manage, and operate airport facilities in the state; and
WHEREAS, The Act provides that the Rhode Island Airport Corporation shall have the power to purchase, take, receive, lease or otherwise acquire, own, hold, improve, use and otherwise deal in and with, real or personal property, or any interest therein, wherever situated; and
WHEREAS, The Act also provides that the Rhode Island Airport Corporation shall have the power to sell, mortgage, lease, exchange, transfer or otherwise dispose of or encumber any project, (or in the case of a sale, to accept a purchase money mortgage in connection therewith) or to grant options for any such purposes with respect to any real or personal property or interest therein, all of the foregoing for such consideration as the Rhode Island Airport Corporation shall determine. Any lease by the Rhode Island Airport Corporation to another party may be for such part of the Rhode Island Airport Corporation’s property, real or personal, for such period, upon such terms or conditions, with or without an option on the part of the lessee to purchase any or all of the leased property for such consideration, at or after the retirement of all indebtedness incurred by the Rhode Island Airport Corporation on account thereof, as the Rhode Island Airport Corporation shall determine; and
WHEREAS, The Act authorizes the Rhode Island Economic Development Corporation to borrow money and issue bonds for any of its corporate purposes; and
WHEREAS, Pursuant to Rhode Island General Laws sections 35-18-3 and 35-18-4, the Rhode Island Economic Development Corporation has requested the approval of the general assembly of the Rhode Island Economic Development Corporation’s issuance of airport revenue bonds (the “Bonds”) for the purpose of providing funds to the Rhode Island Airport Corporation for financing the acquisition, installation and construction of an explosive detection system and the construction of additional administrative space at T.F. Green Airport (the “2003 Airport Project”) funding capitalized interest, costs of issuing the bonds and related costs, and the establishment reserves for the project and the bonds, including a debt service reserve fund; and
WHEREAS, The financing of the 2003 Airport Project will be accomplished through one (1) or more loan agreements having the Rhode Island Airport Corporation as borrower, such agreement or agreements to require that the Rhode Island Airport Corporation make loan payments in an amount equal to the debt service on the bonds.
RESOLVED, The general assembly hereby approves the Rhode Island Economic Development Corporation’s issuance of the bonds. The bonds will be special obligations of the Rhode Island Economic Development Corporation payable exclusively from loan repayments under a loan agreement with the Rhode Island Airport Corporation and from bond proceeds, funds, accounts, and properties and the proceeds thereof pledged therefor, and thus the Rhode Island Economic Development Corporation’s maximum liability will be limited to loan repayments received under the loan agreement and the aggregate amount of such other funds, accounts, properties, and proceeds.
RESOLVED, That the total amount of debt approved to be issued in the aggregate shall be limited to not more than fifty-five million one hundred fifty thousand dollars ($55,150,000). Total debt service on the bonds is not expected to exceed four million five hundred thousand dollars ($4,500,000) annually and one hundred seven million dollars ($107,000,000) in the aggregate based on an average interest rate of five and three quarters percent (5.75%) and a twenty-five (25)-year maturity.
RESOLVED, The General Assembly hereby approves the Rhode Island Airport Corporation’s entering into the loan agreements described above. Payments under the loan agreements shall be derived exclusively from project revenues and such other proceeds, funds, accounts, projects and the proceeds thereof as the Rhode Island Airport Corporation may pledge therefor.
RESOLVED, None of the bonds or the loan agreements shall constitute indebtedness of the state or a debt for which the full faith and credit of the state is pledged or a moral obligation thereof.
RESOLVED, That this resolution shall apply to bonds issued
within one year of the date of passage of this resolution.
SECTION
8. WHEREAS, The Rhode Island Department of Transportation’s (“RIDOT”) detailed
review of the State of Rhode Island’s infrastructure has determined that five
(5) major transportation projects must be constructed by the year 2010 in order
to preserve and maintain the public safety and continued economic success and
viability of the State of Rhode Island, its ports and infrastructure; and
WHEREAS,
RIDOT has explored various options to finance the costs of the five (5) major
transportation projects and determined that the federal-aid financing program
authorized in federal law by Section 311 of the National Highway System
Designation Act of 1995 and commonly referred to as the Grant Anticipation
Revenue Vehicle Program (“GARVEE Program”) represents the best financing
mechanism for the State of Rhode Island inasmuch as the GARVEE Program will
accelerate the funding and construction of the five (5) major transportation
projects; and
WHEREAS,
The GARVEE Program allows a state to issue bonds (“GARVEE Bonds”) or other debt
instruments backed by future appropriations for federal-aid transportation
projects whereby such amounts are used to cover an assortment of bond-related
costs, including principal and interest payments, issuance costs, insurance,
and other costs incidental to a financing; and
WHEREAS,
Among other advantages, GARVEE Bonds may be issued as special revenue bonds
without a full faith and credit pledge by the State of Rhode Island; and
WHEREAS,
RIDOT has determined that the GARVEE Program should be utilized to complete the
following five (5) major transportation projects:
(1) Sakonnet River
Bridge: The current Sakonnet River Bridge (the “Current Sakonnet Bridge”),
which currently serves the citizens, businesses, marine trades and port
facilities of Aquidneck Island, is dilapidated and in dire need of repair, and
based on studies and analysis of RIDOT, a new Sakonnet River Bridge (the “New
Sakonnet Bridge”) should be constructed as opposed to reconstruction of the
Current Sakonnet Bridge; and provided further that RIDOT has determined such
construction of the New Sakonnet Bridge is necessary for the continued economic
success and viability of the citizens, businesses, transportation and port
facilities of Aquidneck Island and otherwise in the best interests of the State
of Rhode Island; and
(2) Route 195
Relocation: It has been deemed necessary and desirable to relocate Interstate
Route 195 (“Route 195 Relocation”) in order to better serve the transportation
needs of the State of Rhode Island including, but not limited to, the continued
economic success and viability of the citizens, businesses, transportation and
port facilities both in the city of Providence and elsewhere and is otherwise
in the best interest of the State of Rhode Island based on studies and analysis
of RIDOT; and
(3) Washington Bridge:
The current Washington Bridge (the “Current Washington Bridge”), which
currently serves the citizens, businesses and port facilities of the State of
Rhode Island both in the city of Providence and elsewhere, is dilapidated and
in dire need of repair and based on studies and analysis of RIDOT a new
Washington Bridge (the “New Washington Bridge”) as opposed to reconstruction of
the Current Washington Bridge is necessary for the continued economic success
and viability of the citizens, businesses, transportation and port facilities
of the city of Providence and elsewhere and otherwise in the best interest of
the State of Rhode Island; and
(4) Freight Rail
Improvement Project: In order to provide for the continued economic success of
the citizens of the State of Rhode Island and the viability of transportation
systems within the State of Rhode Island to move freight by rail due to
conflicts with passenger rails and antiquated freight rails, and to link Rhode
Island’s ports and various modes of transportation within the State of Rhode
Island, the (“Freight Rail Improvement Project”) based on studies and analysis
of RIDOT; and
(5) 403 Project: In
order to provide for the continued transportation needs and the continued
economic viability and success of the State of Rhode Island and to link Rhode
Island’s ports and various modes of transportation within the State of Rhode
Island, it has been determined that the so-called Phase II of the Route 403
Project (“403 Project”) must be completed based on studies and analysis of
RIDOT; and
WHEREAS, The
development and planning of the New Sakonnet Bridge, Route 195 Relocation, New Washington
Bridge, Freight Rail Improvement Project and 403 Project included the
participation of RIDOT, municipal and/or town planners, safety officials,
engineering consultants and other parties necessary in developing a design and
construction plan for each project and also examined the available options for
the completion of each project, and agreed that the New Sakonnet Bridge, Route
195 Relocation, New Washington Bridge, Freight Rail Improvement Project and 403
Project were each necessary to adequately serve the citizens, businesses and
port facilities of the State of Rhode Island and otherwise in the best
interests of the State of Rhode Island; and
WHEREAS, It is
anticipated and estimated that the State of Rhode Island will receive one
hundred fifty two million dollars ($152,000,000) in grant funds from the
Federal Highway Administration (“FHWA”), with the assistance of RIDOT in
support of the implementation of the New Sakonnet Bridge; and
WHEREAS, It is
anticipated that the State of Rhode Island will receive four hundred twenty
million dollars ($420,000,000) in grant funds from the FHWA, with the
assistance of RIDOT in support of the Route 195 Relocation; and
WHEREAS, It is
anticipated that the State of Rhode Island will receive one hundred thirty-two
million eight hundred thousand dollars ($132,800,000) in grant funds from the
FHWA, with the assistance of RIDOT in support of the implementation of the plan
to construct a new Washington Bridge; and
WHEREAS, It is
anticipated that the State of Rhode Island will receive fifty-one million two
hundred thousand dollars ($51,200,000) in grant funds from the FHWA, with the
assistance of RIDOT in support of the implementation of the plan to complete
the Freight Rail Improvement Project; and
WHEREAS, It is anticipated
that the State of Rhode Island will receive one hundred twenty-nine million two
hundred thousand dollars ($129,200,000) in grant funds from the FHWA, with the
assistance of RIDOT in support of the implementation of the plan to complete
Phase II of the Route 403 Project; and
WHEREAS, In connection with the issuance of GARVEE Bonds, the
State of Rhode Island, acting by and through RIDOT, may elect to receive in
lieu of certain monies which would otherwise have been received as reimbursement
from FHWA for project costs for the five (5) projects referenced herein, debt
service payments to repay indebtedness in the form of bonds or notes issued to
finance the costs of the construction and financing of the five (5) projects
referenced above; and
WHEREAS, The
Rhode Island Public Corporation Debt Management Act (R.I. General Laws
section 35-18-1, et seq.) requires the
General Assembly to provide its consent to the issuance of certain obligations for essential public facilities
of the type referenced herein; and
WHEREAS, The
design, construction, equipping and completion of these improvements will be
financed in whole or in part either through revenue bonds issued pursuant to
the GARVEE Program by the State of Rhode Island or through revenue bonds issued
pursuant to the GARVEE Program by the Rhode Island Economic Development
Corporation (the "RIEDC") or through revenue bonds issued pursuant to
the GARVEE Program by another agency, instrumentality or quasi-public
corporation established by the State of Rhode Island now or hereafter and
otherwise authorized and empowered pursuant to law to issue bonds of the type
referenced herein for the types of projects enumerated herein, with either
issuance having an expected term of twenty (20) years, and annual revenues for
the operation and maintenance of the New Sakonnet Bridge, Route 195 Relocation,
New Washington Bridge, Freight Rail Improvement Project, and 403 Project to be
included in the annual operating budget of RIDOT; and
WHEREAS, The
capital costs and anticipated bond issuance amounts associated with these
projects are estimated to be:
(1) For the
New Sakonnet Bridge: (a) a total capital cost of one hundred seventeen million
eight hundred thousand dollars ($117,800,000); (b) the total debt issuance of
GARVEE and/or other than GARVEE Bonds associated with payment of the capital
costs, financing costs, costs of issuance or insurance or credit enhancement
would be an amount not to exceed one hundred twenty six million two hundred
forty thousand dollars ($126,240,000); (c) with respect to the total debt
issuance of one hundred twenty six million two hundred forty thousand dollars
($126,240,000) referenced in subsection (b) above, an amount not to exceed
twenty five million two hundred forty eight thousand dollars ($25,248,000) of
bonds would be repaid by the State of Rhode Island with other than FHWA funds
(the "State Match Bonds"); (d) total debt service payments on the
State Match Bonds over an expected 20 year period on the twenty five million
two hundred forty eight thousand dollars ($25,248,000) issuance are projected
to be thirty seven million four hundred fifty eight thousand dollars
($37,458,000), assuming an average coupon rate of 5.1%; and (e) the debt
service payments on the State Match Bonds would be supported from the Motor
Fuel Tax Allocation as hereinafter defined; and total debt service on all bonds
of one hundred ninety million one hundred fifty-five thousand four hundred
twenty dollars ($190,155,420); and
(2) For the
Route 195 Relocation: (a) a total capital cost of three hundred twenty five
million dollars ($325,000,000); (b) the total debt issuance of GARVEE and/or
other than GARVEE Bonds associated with payment of the capital costs, financing
costs, costs of issuance or insurance or credit enhancement would be an amount
not to exceed three hundred forty eight million two hundred eighty five
thousand dollars ($348,285,000); (c) with respect to the total debt issuance of
$348,285,000 referenced in subsection (b) above, an amount not to exceed sixty
nine million six hundred fifty seven thousand dollars ($69,657,000) of bonds
would be State Match Bonds; (d) total debt service payments on the State Match
Bonds over an expected twenty (20) year period on the sixty nine million six hundred
fifty seven thousand dollars ($69,657,000) issuance are projected to be one
hundred three million three hundred forty four thousand dollars ($103,344,000),
assuming an average coupon rate of 5.1%; and (e) the debt service payments on
the State Match Bonds would be supported from the Motor Fuel Tax Allocation as
hereinafter defined; and total debt service on all bonds of five hundred
twenty-four million six hundred twenty-two thousand three hundred twenty
dollars ($524, 622,320); and
(3) For the
New Washington Bridge: (a) a total capital cost of $80,000,000; (b) the total
debt issuance of GARVEE and/or other than GARVEE Bonds associated with payment
of the capital costs, financing costs, costs of issuance or insurance or credit
enhancement would be an amount not to exceed $85,430,000; and (c) no State
Match Bonds will be issued in connection with the New Washington Bridge as all
costs related to the construction and financing of this project will be covered
by the FHWA funds due the State of Rhode Island; and total debt service on all
bonds of one hundred thirty-two million eight hundred thousand dollars
($132,800,000); and
(4) For the
Freight Rail Improvement Project: (a) a total capital cost of $37,700,000; (b)
the total debt issuance of GARVEE and/or other than GARVEE Bonds associated
with payment of the capital costs, financing costs, costs of issuance or
insurance or credit enhancement would be an amount not to exceed forty two
million five hundred and five thousand dollars ($42,505,000); (c) with respect
to the total debt issuance of forty two million five hundred and five thousand
dollars ($42,505,000) referenced in subsection (b) above, an amount not to
exceed eight million five hundred thousand dollars ($8,500,000) of bonds would
be State Match Bonds; (d) total debt service payments on the State Match Bonds
over an expected twenty (20) year period on the eight million five hundred
thousand dollars ($8,500,000) issuance are projected to be twelve million six
hundred and eight thousand dollars ($12,608,000), assuming an average coupon
rate of 5.1%; and (e) the debt service payments on the State Match Bonds would
be supported from the Motor Fuel Tax Allocation as hereinafter defined; and
total debt service on all bonds of sixty-four million dollars ($64,000,000);
and
(5) For the
403 Project: (a) a total capital cost of one hundred million dollars ($100,000,000); (b) the total debt issuance
of GARVEE and/or other than GARVEE Bonds associated with payment of the capital
costs, financing costs, costs of issuance or insurance or credit enhancement
would be an amount not to exceed one hundred seven million one hundred sixty
five thousand dollars ($107,165,000); (c) with respect to the total debt
issuance of one hundred seven million one hundred sixty five thousand dollars
($107,165,000) referenced in subsection (b) above, an amount not to exceed
twenty one million four hundred thirty three thousand dollars ($21,433,000) of
bonds would be State Match Bonds; (d)
total debt service payments on the State Match Bonds over an expected 20 year
period on the $21,433,000 issuance are projected to be $31,798,000, assuming an
average coupon rate of 5.1%; and (e) the debt service payments on the State
Match Bonds would be supported from the Motor Fuel Tax Allocation as hereinafter
defined; and total debt service on all bonds of one hundred sixty-one million
four hundred twenty-two thousand two hundred sixty dollars ($161,422,260); now, therefore be it
RESOLVED
AND ENACTED, That the New Sakonnet Bridge, Route 195 Relocation, New Washington
Bridge, Freight Rail Improvement Project and 403 Project are each essential
public facilities and critical to ensure the economic viability of the
citizens, businesses, transportation, marine trades and port facilities of the
State of Rhode Island and otherwise in the best interests of the State of Rhode
Island, and that this General Assembly hereby approves the following financing:
(1) For the
New Sakonnet Bridge: the issuance of an amount not to exceed one hundred twenty
six million two hundred forty thousand dollars ($126,240,000) in GARVEE Bonds,
the repayment of which shall be derived from and supported by FHWA funds due
the State of Rhode Island and an amount not to exceed twenty five million two
hundred forty eight thousand dollars ($25,248,000) in State Match Bonds to be
issued by the State of Rhode Island or the RIEDC or a subsidiary thereof or other
agency, instrumentality or quasi-public corporation established by the State of
Rhode Island now or hereafter and otherwise authorized and empowered pursuant
to law to issue bonds of the type referenced herein for the types of projects
enumerated herein and to incur and pay debt service payments for such State
Match Bonds in an amount not to exceed thirty seven million four hundred fifty
eight thousand dollars ($37,458,000) and total debt service on all bonds of one hundred ninety million one
hundred fifty-five thousand four hundred twenty dollars ($190,155,420) as
specified in (1) above for bonds issued for the New Sakonnet Bridge such debt
service payments to be made from the Motor Fuel Tax Allocation, as hereinafter
defined, or such other revenue source as the Rhode Island General Assembly
shall designate from time to time for the construction, design, maintenance,
completion, finance costs, including, but not limited to, costs of issuance,
credit enhancement, legal counsel and underwriter fees and expenses and other
costs associated with the New Sakonnet Bridge;
(2) For the Route 195
Relocation: the issuance of an amount
not to exceed three hundred forty eight million two hundred eighty five
thousand dollars ($348,285,000) in
GARVEE Bonds, the repayment of which shall be derived from and supported
by FHWA funds due the State of Rhode Island and an amount not to exceed sixty
nine million six hundred fifty seven thousand dollars ($69,657,000) in State
Match Bonds to be issued by the State of Rhode Island or the RIEDC or a
subsidiary thereof or other agency, instrumentality or quasi-public corporation
established by the State of Rhode Island now or hereafter and otherwise
authorized and empowered pursuant to law to issue bonds of the type referenced
herein for the types of projects enumerated herein and to incur and pay debt
service payments for such State Match Bonds in an amount not to exceed one
hundred three million three hundred forty-four thousand dollars ($103,344,000)
and total debt service on all bonds of five hundred twenty-four million six
hundred twenty–two thousand three hundred twenty dollars ($524,622,320) as
specified in (2) above for bonds issued for the Route 195 Relocation such debt
service payments to be made from the Motor Fuel Tax Allocation, as hereinafter
defined, or such other revenue source as the Rhode Island General Assembly
shall designate from time to time, for the construction, design, maintenance,
completion, finance costs, including, but not limited to, costs of issuance,
credit enhancement, legal counsel and underwriter fees and expenses and other
costs associated with the Route 195 Relocation;
(3) For the New Washington
Bridge: the issuance of an amount not to exceed $85,430,000 in GARVEE Bonds,
the repayment of which shall be wholly derived from and supported by FHWA funds
due the State of Rhode Island; and total debt service on all bonds of one
hundred thirty-two million eight hundred thousand dollars ($132,800,000);
(4) For the Freight
Rail Improvement Project: the issuance
of an amount not to exceed forty-two million five hundred five thousand dollars
($42,505,000) in GARVEE Bonds, the repayment of which shall be derived from and
supported by FHWA funds due the State of Rhode Island and an amount not to
exceed eight million five hundred thousand dollars ($8,500,000) in State Match
Bonds to be issued by the State of Rhode Island or the RIEDC or a subsidiary thereof
or other agency, instrumentality or quasi-public corporation established by the
State of Rhode Island now or hereafter and otherwise authorized and empowered
pursuant to law to issue bonds of the type referenced herein for the types of
projects enumerated herein and to incur and pay debt service payments for such
State Match Bonds in an amount not to exceed twelve million six hundred eight
thousand dollars ($12,608,000) and total debt service on all bonds of
sixty-four million dollars ($64,000,000) as specified in (4) above for bonds
issued for the Freight Rail Improvement Project such debt service payments to
be made from the Motor Fuel Tax Allocation, as hereinafter defined, or such
other revenue source as the Rhode Island General Assembly shall designate from
time to time for the construction, design, maintenance, completion, finance
costs, including, but not limited to, costs of issuance, credit enhancement,
legal counsel and underwriter fees and expenses and other costs associated with
the Freight Rail Improvement Project; and
(5) For the 403
Project: the issuance of an amount not
to exceed one hundred seven million one hundred sixty five thousand dollars
($107,165,000) in GARVEE Bonds, the repayment of which shall be derived from
and supported by FHWA funds due the State of Rhode Island and an amount not to
exceed twenty one million four hundred thirty three thousand dollars
($21,433,000) in State Match Bonds to be issued by the State of Rhode Island or
the RIEDC or a subsidiary thereof or other agency, instrumentality or
quasi-public corporation established by the State of Rhode Island now or
hereafter and otherwise authorized and empowered pursuant to law to issue bonds of the type referenced herein for
the types of projects enumerated herein and to incur and pay debt service
payments for such State Match Bonds in an amount not to exceed thirty one
million seven hundred ninety eight thousand eight hundred dollars ($31,798,800)
and total debt service on all bonds of one hundred sixty-one million four
hundred twenty-two thousand two hundred sixty dollars ($161,422,260) as
specified in (5) above for bonds issued for the 403 Project such debt service
payments to be made from the Motor Fuel Tax Allocation, as hereinafter defined,
or such other revenue source as the Rhode Island General Assembly shall
designate from time to time for the construction, design, maintenance,
completion, finance costs, including, but not limited to, costs of issuance,
credit enhancement, legal counsel and underwriter fees and expenses and other
costs associated with the 403 Project; and
Further, that the
Governor of the State of Rhode Island or the Director of the Rhode Island
Department of Transportation or the Director of the Rhode Island Department of
Administration or the Executive Director of the Rhode Island Economic
Development Corporation each be and each hereafter are, acting singly,
authorized and empowered by the Rhode Island General Assembly to enter into a
financing lease, guarantee, loan and trust agreement, indenture or other
obligations or contracts or agreements and to take such other actions as such
official shall deem necessary or appropriate in order to issue or facilitate
the issuance of the GARVEE Bonds, and/or other bonds referenced in (1) through
(5) above and to provide the Rhode Island Economic Development Corporation or
any subsidiary thereof or other instrumentality, agency or quasi-public
corporation otherwise authorized and empowered to issue the bonds specified in
this Joint Resolution and Act for the projects specified above with the
necessary debt service payments up to the amounts specified in (1) through (5)
above and the necessary security for such bonds consistent with the provisions
of this Joint Resolution and Act,
including any action to pledge, assign or otherwise transfer the right
to receive all or any portion of future FHWA appropriations for federal-aid
transportation projects or other revenues permitted by the laws of the state of
Rhode Island to secure or provide for the payment of any such GARVEE or other
bonds; and
Further, that any issuance of bonds or notes authorized in the
preceding paragraphs (1) through (5) may be effectuated in an aggregate
principal amount representing the sum of the authorized GARVEE Bonds and State
Match Bonds in the event that GARVEE Bonds are secured by both federal moneys
and state revenue sources, and that the Rhode Island General Laws be amended as
follows:
SECTION 9.
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 any 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; provided, that six and one-fourths cents ($0.0625) six
and eighty-five hundredths cents ($0.0685) per gallon of the tax imposed
and accruing for the liability under the provisions of section 31-36-7, less
refunds and credits, shall be transferred to the Rhode Island public transit
authority as provided under section 39-18-21, and one cent ($.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-fourth cents ($0.0175) shall be available for general revenue.
(iii) For the fiscal year 2002, one-fourth cent ($0.0025) shall be available for general revenue.
(iv) For the fiscal year 2003, two and one-fourth cent (.0225) shall be available for general revenue.
(v) For the fiscal year
2004, and thereafter, two cents ($0.02) one and four-tenths cents
($.014) 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 Rhode Island 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.
(3) Commencing in fiscal year 2004, the Director of the Rhode
Island Department of Transportation is authorized to remit, on a monthly or
less frequent basis as shall be determined by the Director of the Rhode Island
Department of Transportation, or his or her designee, or at the election of the
Director of the Rhode Island Department of Transportation, with the approval of
the Director of the Department of Administration, to an indenture trustee,
administrator, or other third party fiduciary, in an amount not to exceed two
cents ($.02) per gallon of the gas tax imposed, in order to satisfy debt
service payments on aggregate bonds issued pursuant to a Joint Resolution and
Enactment Approving the Financing of Various Department of Transportation
Projects adopted during the 2003 session of the General Assembly, and approved
by the Governor.
(b) Notwithstanding any other provision of law to the contrary, all other funds in the fund shall be dedicated to the department of administration, subject to annual appropriation by the general assembly. The director of administration shall submit to the general assembly, budget office and office of the governor annually 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 his or her orders upon the general treasurer for the payments of any sum or portion of the sum that may be required from time to time upon receipt of properly authenticated vouchers.
(c) At any time the amount of the fund is insufficient to fund the expenditures of the department of administration, not to exceed the amount authorized by the general assembly, the general treasurer is authorized, with the approval of the governor and the director of administration, in anticipation of the receipts of monies enumerated in section 31-36-20 to advance sums to the fund, for the purposes specified in section 31-36-20, any funds of the state not specifically held for any particular purpose. However, all the advances made to the fund shall be returned to the general fund immediately upon the receipt by the fund of proceeds resulting from the receipt of monies to the extent of the advances.
SECTION 10.
Sections 42-64-7 and 42-64-7.1 of the General Laws in Chapter 42-64 entitled
"Rhode Island Economic Development Corporation" are hereby amended to
read as follows:
42-64-7. Additional general powers. -- In addition to the powers enumerated in section 42-64-6, except to the extent inconsistent with any specific provision of this chapter, the corporation shall have power:
(1) To undertake the planning, development, construction, financing, management, operation of any project, and all activities in relation thereto.
(2) (i) To sell, mortgage, lease, exchange, transfer, or otherwise dispose of or encumber any port project, (or in the case of a sale, to accept a purchase money mortgage in connection with any port project) or to grant options for any purposes with respect to any real or personal property or interest in real or personal property, all of the foregoing for consideration as the corporation shall determine. Any lease by the corporation to another party may be for any part of the corporation's property, real or personal, for any period, upon any terms or conditions, with or without an option on the part of the lessee to purchase any or all of the leased property for any consideration, at or after the retirement of all indebtedness incurred by the corporation on account thereof, as the corporation shall determine.
(ii) Without limiting the generality of the foregoing, the corporation is expressly empowered to lease or sell any part of the real or personal property owned or controlled by the corporation to the state, or any department of the state or to any municipality. The provisions of this section or of any other laws of this state (other than this chapter) restricting the power of the state, its departments or any municipality, to lease or sell property, or requiring or prescribing publication of notice of intention to lease or sell, advertising for bids, the terms of contracts of lease or sale, that would in any manner interfere with the purpose of this section, which is to provide for the mutual cooperation by and between the corporation and the state, its departments or any municipality, to the fullest extent possible, are not applicable to leases and sales made pursuant to this section.
(3) To prepare or cause to be prepared plans, specifications, designs, and estimates of costs for the construction, reconstruction, rehabilitation, improvement, alteration, or repair of any project, and from time to time to modify those plans, specifications, designs, or estimates.
(4) To manage any project, whether then owned or leased by the corporation, and to enter into agreements with the state or any municipality or any agency or their instrumentalities, or with any person, firm, partnership, or corporation, either public or private, for the purpose of causing any project to be managed.
(5) To provide advisory, consultative, training, and educational services, technical assistance, and advice to any person, firm, partnership, or corporation, whether it be public or private, in order to carry out the purposes of this chapter.
(6) Subject to the provisions of any contract with note holders or bond holders to consent to the modification, with respect to rate of interest, time of payments of any installment of principal or interest, security or any other term of any mortgage, mortgage loan, mortgage loan commitment, contract, or agreement of any kind to which the corporation is a party.
(7) In connection with any property on which it has made a mortgage loan, to foreclose on that property or commence an action to protect or enforce any right conferred upon it by law, mortgage, contract, or other agreement and to bid for and purchase the property at any foreclosure or any other sale, or to acquire or take possession of the property; and in that event the corporation may complete, administer, pay the principal of, or interest on any obligations incurred in connection with the property, dispose of, and otherwise deal with the property in a manner as may be necessary or desirable to protect the interest of the corporation therein.
(8) As security for the payment of principal and interest on any bonds or notes or any agreements made in connection therewith, to mortgage and pledge any or all of its projects and property, whether then owned or thereafter acquired, and to pledge the revenues and receipts from all or part thereof, and to assign or pledge the leases, sales contracts or loan agreements or other agreements on any portion or all of its projects and property and to assign or pledge the income received by virtue of the lease, sales contracts, loan agreements or other agreements.
(9) To invest any funds of the corporation including funds held in reserve or sinking funds, or any moneys not required for immediate use or disbursement at the discretion of the corporation, in: (i) obligations of the state or the United States, (ii) obligations of the principal and interest of which are guaranteed by the state or the United States, (iii) obligations of agencies and instrumentalities of the state or the United States, or (iv) certificates of deposits of banks and trust companies or shares of building loan associations organized under the laws of the state or doing business in the state or (v) any obligations, securities, and other investments as shall be specified in resolutions of the corporation.
(10) To engage the services of consultants on a contract basis for rendering professional and technical assistance and advice, and to employ architects, engineers, attorneys, accountants, construction, and financial experts and any other advisors, consultants, and agents as may be necessary in his or her judgment, and to fix their compensation.
(11) To contract for and to accept any gifts or grants or loans or funds or property or financial or other assistance in any form from the United States or any agency or instrumentality of the United States or from the state or any agency or instrumentality of the state or from any other source and to comply, subject to the provisions of this chapter, with the terms and conditions of this contract.
(12) To enter into agreements with any municipality or political subdivision, either directly or on behalf of any other party which holds legal title to all or any portion of a project as the lessee from the corporation designated pursuant to paragraph (c) of section 42-64-20, providing that the corporation or the lessee shall pay annual sums in lieu of taxes to the municipality or political subdivision of the state in respect to any real or personal property which is owned by the corporation or the lessee and is located in the municipality or political subdivision.
(13) To borrow money and to issue negotiable bonds and notes, and to provide for the rights of the holders of these bonds and notes, for the purpose of providing funds to pay all or any part of the cost of any port project or for the purpose of refunding any of these bonds issued.
(14) To construct, acquire, own, repair, develop, operate, maintain, extend, and improve, rehabilitate, renovate, furnish, and equip one or more port projects and to pay all or any part of the costs of these bonds and notes from the proceeds of bonds of the corporation or from any contribution, gift, or donation or other funds made available to the corporation for those purposes.
(15) To fix, charge and collect rents, fees, tolls, and charges for the use of any port project and to alter and investigate rates, and practices of charging, which affect port projects so as to increase commerce in the state.
(16) To prescribe rules and regulations deemed necessary or desirable to carry out the purposes of this chapter including rules and regulations to insure maximum use and proper operation of port projects.
(17) To establish penalties for violations of any order, rule, or regulation of the corporation, and a method of enforcing these penalties.
(18) To develop, maintain, and operate foreign trade zones under those terms and conditions that may be prescribed by law.
(19) To impose administrative penalties in accordance with the provisions of section 42-64-9.2.
(20) To make assessments and impose reasonable and just user charges, and to pay for those expenses that may be required by law or as may be determined by the corporation to be necessary for the maintenance and operation of the sewage treatment facility.
(21) To establish a sewage pretreatment program, and to require as a condition to the grant or reissuance of any approval, license, or permit required under the program that the person applying for the approval, license or permit, pay to the corporation a reasonable fee based on the cost of reviewing and acting upon the application and based on the costs of implementing the program. In addition, where a violation of any of the provisions of this title or any permit, rule, regulation, or order issued pursuant to this title have occurred, the violator shall reimburse the corporation for the actual costs of implementing and enforcing the terms of the permit, rule, regulation or order as a condition to the grant or reissuance of any approval.
(22) To assist urban communities revitalize their local economics.
(23) To provide assistance to minority businesses and to neighborhoods where there is insufficient economic and business investment.
(24) To support and assist entrepreneurial activity by minorities and by low and moderate income persons.
(25) To issue bonds and
notes of the type and for those projects and for those purposes specified in
the Joint Resolution and Act of the General Assembly adopted by the Rhode Island
House of Representatives and the Rhode Island Senate; and to make such
determinations, enter into such agreements, to deliver such instruments and to
take such other actions as it shall deem necessary or desirable to effectuate
the financing of such projects.
42-64-7.1. Subsidiaries. -- (a) (1) The parent corporation shall have the right to exercise and perform its powers and functions, or any of them, through one or more subsidiary corporations whose creation shall be approved and authorized by the general assembly.
(2) Express approval and authorization of the general assembly shall be deemed to have been given for all legal purposes on July 1, 1995 for the creation and lawful management of a subsidiary corporation created for the management of the Quonset Point/Davisville Industrial Park, that subsidiary corporation being managed by a board of directors, the members of which shall be constituted as follows: (i) two (2) members who shall be appointed by the town council of the town of North Kingstown; (ii) two (2) members who shall be residents of the town of North Kingstown appointed by the governor; (iii) four (4) members who shall be appointed by the governor; (iv) the chairperson, who shall be the executive director of the economic development corporation; and (v) non-voting members, who shall be the members of the general assembly whose districts are comprised in any part by areas located within the town of North Kingstown. Upon receipt of approval and authorization from the general assembly, the parent corporation by resolution of the board of directors may direct any of its directors, officers, or employees to create subsidiary corporations pursuant to chapter 1.1 or 6 of title 7 or in the manner described in subsection (b); provided, that the parent corporation shall not have any power or authority to create, empower or otherwise establish any corporation, subsidiary corporation, corporate body or any form of partnership or any other separate entity, without the express approval and authorization of the general assembly.
(b) As used in this section, "subsidiary public corporation" means a corporation created pursuant to the provisions of this section. The person or persons directed by the resolution referred to in subsection (a) shall prepare articles of incorporation setting forth: (1) the name of the subsidiary public corporation; (2) the period of duration, which may be perpetual; (3) the purpose or purposes for which the subsidiary public corporation is organized which shall not be more extensive than the purposes of the corporation set forth in section 42-64-5; (4) the number of directors (which may, but need not be, more than one) constituting the initial board of directors and their names and business or residence addresses; (5) the name and business or residence address of the person preparing the articles of incorporation; (6) the date when corporate existence shall begin (which shall not be earlier than the filing of the articles of incorporation with the secretary of state as provided in this subsection); (7) any provision, not inconsistent with law, which the board of directors elect to set forth in the articles of incorporation for the regulation of the internal affairs of the subsidiary public corporation; and (8) a reference to the form of authorization and approval by the general assembly and to the resolution of the board of directors authorizing the preparation of the articles of incorporation. Duplicate originals of the articles of incorporation shall be delivered to the secretary of state. If the secretary of state finds that the articles of incorporation conform to the provisions of this subsection, the secretary shall endorse on each of the duplicate originals the word "Filed," and the month, day and year of the filing; file one of the duplicate originals in his or her office; and a certificate of incorporation to which the secretary shall affix the other duplicate original. No filing fees shall be payable upon the filing of articles of incorporation. Upon the issuance of the certificate of incorporation or upon a later date specified in the articles of incorporation, the corporate existence shall begin and the certificate of incorporation shall be conclusive evidence that all conditions precedent required to be performed have been complied with and that the subsidiary public corporation has been duly and validly incorporated under the provisions hereof. The parent corporation may transfer to any subsidiary public corporation any moneys, real, personal, or mixed property or any project in order to carry out the purposes of this chapter. Each subsidiary public corporation shall have all the powers, privileges, rights, immunities, tax exemptions, and other exemptions of the parent corporation except to the extent that the articles of incorporation of the subsidiary public corporation shall contain an express limitation and except that the subsidiary public corporation shall not have the condemnation power contained in section 42-64-9, nor shall it have the powers contained in, or otherwise be subject to, the provisions of section 42-64-12 and section 42-64-13(a), nor shall it have the power to create, empower or otherwise establish any corporation, subsidiary corporation, corporate body, any form of partnership, or any other separate entity, without the express approval and authorization of the general assembly.
(c) Any subsidiary corporation shall not be subject to the provisions of section 42-64-8(a), (c), and (d), except as otherwise provided in the articles of incorporation of the subsidiary corporation.
(d) The corporation, as the parent corporation of the Rhode Island Airport Corporation, shall not be liable for the debts or obligations or for any actions or inactions of the Rhode Island Airport Corporation, unless the corporation expressly agrees otherwise in writing.
(e) The parent
corporation is hereby authorized and empowered to create a subsidiary
corporation for the expressed purpose to issue bonds and notes of the type and
for those projects and purposes specified in the Joint Resolution and Act of
the General Assembly adopted by the Rhode Island House of Representatives and
the Rhode Island Senate.
and be it further
RESOLVED, That any GARVEE Bonds or notes or other bonds or notes issued pursuant to this Joint Resolution and Act shall not constitute “state debt” within the meaning of Article 6, Section 16 of the Rhode Island Constitution and shall be the obligations of only the issuer of such obligations; and be it further
RESOLVED, That this Joint Resolution and Act shall take
effect immediately upon its passage by
the General Assembly.
ARTICLE 37
RELATING TO A TAX STUDY COMMISSION AND AN EDUCATION FUNDING STUDY
COMMISSION
SECTION 1. There is
hereby created the Rhode Island Tax Study Commission and the Rhode Island
Education Funding Study Commission. The
purpose of these commissions shall be to provide the General Assembly with a
comprehensive review of the state’s present tax structure and method of funding
education.
The Tax Study Commission shall be
responsible for an examination, review, analysis, and evaluation of Title 44 of
the Rhode Island General Laws. The
commission shall determine whether the present tax structure can or should be
fairer, more competitive with neighboring states, administratively less
cumbersome, less reliant on the property tax, and more responsive to economic
growth.
The Education Funding Study
Commission shall be responsible for an examination, review, analysis, and
evaluation of statutes pertaining to education funding in Title 16 of the Rhode
Island General Laws. The commission
shall consider the programs for which public schools receive funds and the
distribution methodology, taking into consideration student needs and local
property tax burdens.
Each commission established herein
shall consist of ten (10) members of the General Assembly, five (5) of whom
shall be appointed by the President of the Senate, including at least one (1) member from the minority party, and
five (5) of whom shall be appointed by the Speaker of the House, including at
least one (1) member of the minority party.
The chairperson of the Joint Committee on Legislative Services shall
call the members to the first meeting of each commission, at which the members
of each commission shall elect two (2) co-chairpersons who shall be responsible
for conducting all meetings, hearings, and work sessions. The commissions may request and receive
testimony, data, evidence, or other information relative to the purpose of the
study from any individual, group, department, board, agency, or other
interested parties. Each commission
shall receive from any department, division, board, bureau, commission, or
agency of this state, or of any of its political subdivisions, any assistance,
records and/or data that either commission deems necessary. Each commission shall issue a final report,
together with any recommendations for changes to Title 44 or to Title 16, to
the President of the Senate, the Speaker of the House, the Chairperson of the
Senate Finance Committee, the Chairperson of the House Finance Committee, the
Senate Fiscal Advisor, and the House Fiscal Advisor, on or before March 15,
2004.
SECTION
2. This article shall take effect as of July 1, 2003.
ARTICLE 38
Relating To State Aid -- A statewide Study of Tax Treaties and Exemptions
SECTION
1. It is the finding of the General Assembly that
application of section 45-13-13 of the General Laws may result in unfair
disadvantage among the communities relative to the application of payments in
lieu of property taxes and similar tax agreement vehicles. To address this
matter, the Office of Municipal Affairs in the Department of Administration is
authorized to and shall undertake an inventory or property tax treaties,
payments in lieu of taxes, agreements reached through public law, and other
similar mechanisms for reducing property taxes among the cities and towns,
including the legal basis for the granting of these treaties and exemptions by
the municipalities. The various cities and towns are hereby requested to
provide what assistance is necessary to the Office of Municipal Affairs in
executing this responsibility.
The
Office of Municipal Affairs is further authorized to review and analyze this
material and to make a report and recommendations to the General Assembly by
November 15, 2003, with copies to the President of the Senate, Speaker of the
House, the Chairperson of the Senate Finance Committee, the Chairperson of the
House Finance Committee, the Senate Fiscal Advisor and the House Fiscal
Advisor.
It
is intention of the legislature that procedures and methodologies utilized for
tax treaties, payment in lieu of taxes, tax agreements and other property tax
stabilization vehicles employed by the various cities and towns be treated in
the same manner with regard to determination of value relative to tax rolls and
the use of this information for determining state aid, including education
state aid to said communities. Payments in lieu of taxes covered under section
45-13-5.1 of the General Laws need not be reviewed.
SECTION
2. This article shall take effect on July 1, 2003.
ARTICLE 39
RELATING TO STATE AFFAIRS AND GOVERNMENT
SECTION
1. Chapter 42-9 of the General Laws entitled "Department of Attorney General"
is hereby amended by adding thereto the following section:
42-9-19. Acceptance of
settlements -- Attorney General settlement restricted account. – (a) The attorney general is
hereby authorized and empowered to accept in the name of the state any
settlement resulting from a multi-state initiative. Such settlement proceeds
shall be transferred to the general treasurer for deposit in the general fund.
The general treasurer shall transfer ten percent (10%) of such proceeds, up to
sixty-five thousand dollars ($65,000) in any fiscal year, to the “attorney
general multi-state initiative account.”
The restricted account shall be used
solely to pay for any fees or membership dues associated with
multi-state initiatives.
SECTION
2. Section 35-4-27 of the General Laws in Chapter
35-4 entitled "State Funds" is hereby amended to read as follows:
35-4-27. Indirect cost recoveries on restricted receipt accounts. -- Indirect cost recoveries of seven percent (7%) of cash receipts shall be transferred from all restricted receipt accounts, to be recorded as general revenues in the general fund. However, there shall be no transfer from cash receipts with restrictions received exclusively from contributions from non-profit charitable organizations. These indirect cost recoveries shall be applied to all accounts, unless prohibited by federal law or regulation, court order, or court settlement. The following restricted receipt accounts shall not be subject to the provisions of this section:
ACCOUNT PROGRAM
1052-8030 Ladd school - Patients' benefit
1065-80300 IMH - Patients' benefit
1072-80200 General hospital - Patients' benefit
1074-80300 Zambarano - Patients' benefit
1101-80601 Indirect cost recovery
1143-80100 Forfeited property - Drug control
1210-80102 Indirect cost recoveries
1210-80103 Indirect cost recoveries
1210-80105 Indirect cost recoveries
1210-80106 Indirect cost recoveries
1235-80100 Veterans' home - Restricted account
1235-80300 Veterans' home - Resident benefits
1260-80100 Organ transplant fund
1370-80100 Custody of U.S. detainees
1370-80300 ACI - Inmate benefits
1410-80100 Recovery of indirect costs
1725-80100 National heritage revolving fund
1725-80300 Blackstone River bicycle study
1732-80800 Non-game wildlife fund (G.L. 20-18)
1736-80600 Galilee Port improvement
1751-81000 RIDOT permits program
1753-80200 UST loan fund
1754-80200 Environmental response fund Ii
1754-80700 RIDOT Quonset cleanup
1759-80100 Underground storage tanks
1912-80200 R.I.P.T.A.
1932-80200 Gasoline tax/debt service*
2024-80400 Asset forfeiture fund
2024-81200 Indirect cost recovery – SA
2061-80400 Art for public facilities fund
2062-80500 Historic preservation revolving loan fund
2062-80600 Hp rev. loan fund - Interest revenue
2211-80100 Forfeiture of property
2211-80600 Federal forfeitures
2441-80100 COBRA
2450-80200 DEPCO escrow account
2473-80100 Public service corp. tax - Admin. expen.
2480-80400 Restore and replacement - Insurance coverage
2480-80800 Convention center authority rental payments
2570-80100 Forfeited property - Retained
2570-80200 Seized & forfeited prop. - Fed. distrbd.
2570-80400 Forfeited property - Gambling
2626-80100 Audit of federal assisted programs
2816-80100 Arts and tourism development fund
2920-80300 Debt service on borrowed funds
3260-81500 Intermodal surface transportation fund
2230-82600 Attorney
General multi-state initiative account
SECTION
3. This article shall take effect upon passage.
ARTICLE 40
RELATING TO PUBLIC UTILITIES AND CARRIERS
SECTION
1. Chapter 39-1 of the General Laws entitled "Public Utilities Commission" is
hereby amended by adding thereto the following section:
39-1-61. Rhode Island telecommunications
education access fund. – (a) Preamble. For the past ten (10) years, the schools and
libraries of Rhode Island have benefited from a regulatory agreement with
Verizon and its predecessor companies that has provided up to two million dollars
($2,000,000) annually for support of telecommunications lines for internet
access. In addition, the funds provided for in the original regulatory
agreement and every dollar generated hereunder leverages a one dollar and
twenty-seven cents ($1.27) federal E-Rate match. With the regulatory agreement
approaching its termination and the advent of more advanced technologies, it is
the intent of this section to provide a continued source of funding for
internet access for eligible public and private schools and libraries.
(b)
Definitions. As used in this section, the following terms have the following
meanings:
(1)
“Department of Education” means the Rhode Island Department of Elementary and
Secondary Education.
(2)
“Commission” means the Public Utilities Commission.
(3)
“Telecommunications Education Access Fund” means the programs and funding made
available to qualified libraries and schools to assist in paying the costs of
acquiring, installing and using telecommunications technologies to access the
internet.
(c) Purpose.
The purpose of the Telecommunications Education Access Fund shall be to fund a
basic level of internet connectivity for all of the qualified schools
(kindergarten through grade 12) and libraries in the state.
(d)
Authority. The commission shall establish, by rule or regulation, an
appropriate funding mechanism to recover from the general body of ratepayers
the costs of providing telecommunications technology to access the internet.
(1) The
general assembly shall determine the amount of a monthly surcharge to be levied
upon each residence and business telephone access line or trunk in the state,
including PBX trunks and centrex equivalent trunks and each service line or
trunk, and upon each user interface number or extension number or similarly identifiable
line, trunk, or path to or from a digital network. The department will provide
the general assembly with information and recommendations regarding the
necessary level of funding to effectuate the purposes of this article. The General Assembly shall annually review
the surcharge to determine if it should be applied to wireless telephone
service. The surcharge shall be billed
by each telecommunications services provider and shall be payable to the
telecommunications services provider by the subscriber of the
telecommunications services. State, local and quasi-governmental agencies shall
be exempt from the surcharge. The surcharge shall be deposited in a restricted
receipt account, hereby created within the commission and known as the
Telecommunications Education Access Fund, to pay any and all costs associated
with subsection (b)(3). The amount of the surcharge shall not exceed
thirty-five cents ($.35) per access line or trunk.
(2) The
surcharge is hereby determined to be twenty-six cents ($.26) per access line or
trunk.
(3) The
amount of the surcharge shall not be subject to the sales and use tax imposed
under general laws chapter 44-18 nor be included within the gross earnings of
the telecommunications corporation providing telecommunications service for the
purpose of computing the tax under general laws chapter 44-13.
(e)
Administration. The commission, with input from the department, shall
administer the Telecommunications Education Access Fund consistent with the
requirements of the Universal Service (E-Rate) program. The commission shall
collect from the telecommunications service providers the amounts of the
surcharge collected from their subscribers. The department, with the approval
of the commission, shall publish requests for proposals that do not favor any
particular technology, evaluate competitive bids, and select products and
services that best serve the internet access needs of schools and libraries. In
doing so, the department shall endeavor to obtain all available E-Rate matching
funds. The department is further authorized and encouraged to seek matching
funds from all local, state, and federal public or private entities. The
department shall approve dispersement of funds under this section in accordance
with the commission’s directives. Unsuccessful bids may be appealed to the
commission. The commission shall annually review the department’s disbursements
from this account to ensure that the department’s decisions do not favor any
competitor.
(f)
Eligibility. All schools seeking support from the fund must be eligible for
Universal Service (E-Rate) support and meet the definition of “elementary
school” or “secondary school” in the Elementary and Secondary Education Act of
1965, as amended (20 U.S.C. section 8801). Schools operating as a for-profit
business or with endowments exceeding fifty million dollars ($50,000,000) are
not eligible for support. All libraries seeking support from the fund must meet
the definition of “library” or “library consortium” in the Library Services and
Technology Act, Public Law No. 104-208, section 211 et seq., 110 Stat. 3009
(1996) and must be eligible for assistance from a state library administrative
agency under that act. Only libraries that have budgets that are completely
separate from any schools (including, but not limited to, elementary and
secondary, colleges and universities) shall be eligible to receive support.
Libraries operating as a for-profit business shall not be eligible for support.
(g) The
effective date of assessment for the Telecommunications Education Access Fund
shall be January 1, 2004.
SECTION
2. This article shall take effect upon passage.
ARTICLE 41
Relating To Medical Assistance
SECTION
1. 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 the principles of reimbursement for nursing facilities currently in effect on July 1, 2003 to be consistent with the provisions of this section and title XIX, 42 U.S.C. section 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 nonmangement
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 eighteen dollars and ninety-seven cents ($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) (A) 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.
(B) 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.
(C) 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 in this section, 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 in this section. 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. The
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.
(D) 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. The 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 the Medicaid rate in the labor related cost center minus three
dollars and seventy-one cents ($3.71) and the total bed days provided in the
facility in each six (6) month period; plus the product of the Medicaid bed
days provided in the period and three dollars and seventy-one cents ($3.71),
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.
(E) The provisions of
subparagraphs (b)(6)(iii)(A)--(E) 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.
(b) Rate reform. Subject to the phase-in provisions in subsections
(c) and (d) below, the department shall, on or before October 1, 2005, modify
the principles of reimbursement for nursing facilities to include the following
elements:
(1) annual base years;
(2) four (4) cost centers: direct labor, property, other
operating, and pass through items;
(3) re-array of costs of all facilities in the labor and other
operating cost centers every three (3) years beginning with calendar year 2002;
(4) a ceiling maximum for allowable costs in the direct labor
cost center to be established by the department between one hundred ten percent
(110%) and one hundred twenty-five percent (125%) of the median for all
facilities for the most recent array year.
(5) a ceiling maximum for allowable costs in the other
operating cost center to be established by the department between ninety
percent (90%) and one hundred fifteen percent (115%) of the median for all
facilities for the most recent array year;
(6) adjustment of costs and ceiling maximums by the increase in
the National Nursing Home Price Index (“NNHPI”) for the direct labor cost
center and the other operating cost center for year between array years; such
adjustments to be applied on October 1st of each year beginning
October 1, 2003 for the direct labor cost center and October 1, 2005 for the
other operating cost center.
(7) application of a fair rental value system to be developed
by the department for calculating allowable reimbursement for the property cost
center;
(8) such quality of care and cost containment incentives as may
be established by departmental regulations.
(c) Phase I Implementation. – The department shall file a state
plan amendment with the U.S. Department of Health and Human Services on or
before August 1, 2003 to modify the principles of reimbursement for nursing
facilities, to be effective on October 1, 2003, or as soon thereafter as is
authorized by an approved state plan amendment, to establish the direct labor
cost center and the pass through items cost center utilizing calendar year 2002
cost data, and to apply the ceiling maximums in subsections (b)(4) and (b)(5).
Nursing facilities whose allowable 2002 direct labor costs are below the median
in the direct labor cost center may make application to the department for a
direct labor cost interim payment adjustment equal to twenty-five percent (25%)
of the amount such allowable 2002 direct labor costs are below the median in
the direct labor cost center, provided that the interim payment adjustment
granted by the department on or after October 1, 2003 must be expended by the
facility on expenses allowable within the direct labor cost center, and any
portion of the interim payment not expended on allowable direct labor cost
center expenses shall be subject to retroactive adjustment and recoupment by
the department upon the department’s determination of a final direct labor
payment adjustment after review of the facility’s actual direct labor
expenditures. The final direct labor payment adjustment will be included in the
facility’s October 1, 2004 rate until the
facility’s next base year.
(d) Phase II Implementation. – The department shall file a
state plan amendment with the U.S. Department of Health and Human Services to
modify the principles of reimbursement for nursing facilities, to be effective
on July 1, 2004, or as soon thereafter as is authorized by an approved state
plan amendment, to establish a fair rental value system for calculating
allowable reimbursement for the property cost center in accordance with
subsection (b)(7).
SECTION 2.
Section 40-8-20 of the General Laws in Chapter 40-8 entitled "Medical
Assistance" is hereby repealed.
40-8-20. Appeal requests for rate
increments. -- The department may consider the granting of
a prospective rate that reflects demonstrated cost increases in excess of the
rate that has been established by the application of the percentage increase.
In order to qualify for the rate increment, demonstrated increased costs must
be the result of:
(1) Demonstrated errors
made during the rate determination process;
(2) Significant
increases in operating costs resulting from the implementation of new or
additional programs, services or staff specifically mandated by the Rhode
Island department of health;
(3) Significant
increases in operating costs resulting from capital renovations, expansion, or
replacement required for compliance with fire safety codes and/or certification
requirements of the Rhode Island department of health; or
(4) Significant
increases in workers' compensation and/or health insurance premiums which cannot
be accommodated within the nursing facility's assigned aggregate per diem rate,
if cost justified; provided, that assigned per diem rate in the labor and
payroll related expenses cost center does not exceed two percent (2%) of the
cost center ceiling.
(5) Extraordinary
circumstances, including, but not limited to, acts of God, and inordinate
increases in energy costs (e.g., federal BTU tax, regional or national energy
crisis). Inordinate increases in energy costs will be immediately reflected in
increased rates above the energy cost center ceiling maximum. Provided,
however, that such increases will be rescinded immediately upon cessation of
the extraordinary circumstance. All requests for rate increments shall be
limited to one request per nursing facility for the factors set forth in
subdivisions (2) and (3). Provided, additional requests involving a per diem
increase in excess of one percent (1%) of the nursing facility's previously
assigned aggregate per diem rate shall also be reviewed. Before a nursing
facility shall be permitted to file for a rate increment, increases in
operating costs set forth in subdivisions (2) and (3) must have been incurred
for a period of not less than three (3) months in order to establish proof of
the increase. Rate adjustments granted as a result of a request filed within
one hundred twenty (120) days after the costs were first incurred shall be made
effective retroactively to the date the costs were actually incurred. Provided,
any adjustments granted as a result of requests filed more than one hundred
twenty (120) days after the costs were first incurred will be effective on the
first day of the month following the filing of the request.
SECTION 3.
Section 40-8-21 of the General Laws in Chapter 40-8 entitled "Medical Assistance"
is hereby amended effective October 1, 2005, to read as follows:
40-8-21. Appeals process. -- (a) Any provider that is not in agreement, after being provided an exit audit conference or rate appeal conference, with a final rate of reimbursement assigned as a result of an audit for its base year, or with the application of the principles of reimbursement for an applicable year, may within fifteen (15) days from the date of notification of audit results or rate assignment, file a written request with the department for a review of the computation of the assigned rate. The foregoing right of appeal shall also apply to demonstrated errors made during the rate determination process.
(b) A review conference will be conducted within fifteen (15) days from the date of receipt of the written request by a designee assigned by the director of the department of human services. As a result of the review conference, the designee may modify the audit adjustments and/or the rate of reimbursement. The designee shall provide the facility with a written decision within thirty (30) days from the date of the review conference.
(c) Appeals beyond the review conference shall be in accordance with the provisions of chapter 35 of title 42. The facility shall file a written request for the hearing no later than fifteen (15) days after receipt of the review conference decision.
SECTION 4. Section 1 shall take effect on July 1, 2003, and
sections 2 and 3 shall take effect on October 1, 2005.
ARTICLE 42
Relating To Revised Appropriations
SECTION
1. Section 1
of 03-H 5069 entitled “Revised Appropriations” relating specifically to the
appropriations for the Department of Children, Youth and Families, Department
of Elderly Affairs, Department of Health, Department of Human Services,
Department of Elementary and Secondary Education, Office of the Child Advocate,
the Department of Mental Health, Retardation, and Hospitals, the Department of
Transportation and the statewide totals are hereby amended as follows:
03 H 5069 Variance 03 H 6174
Children, Youth, & Families
General
Revenues 141,539,457 (1,140,662) 140,398,795
Federal
Funds 94,324,980 1,140,662 95,465,642
Department of Elderly Affairs
General
Revenues 26,848,850 (14,197) 26,834,653
Federal
Funds 11,355,808 14,197 11,370,005
Other
Funds
Intermodal Surface Trans.
Fund 4,700,000 (30,000) 4,670,000
Grand Total--
Elderly Affairs 42,904,658 (30,000) 42,874,658
Department of Health
General
Revenues 34,496,898 (55,716) 34,441,182
Federal
Funds 63,466,370 55,716 63,522,086
Department of Human Services
General
Revenues 616,163,007 (6,161,256) 610,001,751
Federal
Funds 811,564,254 6,161,256 817,725,510
Department of Elementary and Secondary Education
General
Revenues 743,540,979 (16,402) 743,524,577
Federal
Funds 167,260,778 16,402
167,277,180
Provided that personnel and other state
operations do not exceed $27,666,585
Office of the Child Advocate
General
Revenues 494,552 (1,822) 492,730
Federal
Funds 359,190 1,822 361,012
Mental Health, Retardation and Hospitals
General
Revenues 221,721,192 (3,232,647)
218,488,545
Federal
Funds 218,959,401 3,232,647 222,192,048
Department of Transportation
Infrastructure – Engineering
Other
Funds
Gasoline
Tax 40,330,485 (802,500) 39,527,985
Total-
Infrastructure Eng. 254,793,376 (802,500)
253,990,876
Grand Total-Trans. 304,988,441 (802,500) 304,185,941
Statewide Totals
General
Revenues 2,709,655,652 (10,622,702) 2,699,032,950
Federal
Funds 1,718,544,296 10,622,702 1,729,166,998
Restricted
Receipts 119,375,788 0
119,375,788
Other
Funds 971,062,411 (832,500)
970,229,911
Statewide Grand Total 5,518,638,147 (832,500)
5,517,805,647
SECTION
2. Section 1 of 03-H 5069 entitled “Revised Appropriations” relating
specifically to the appropriations for the Department of Administration is
hereby amended as follows:
Contingency
Fund 1,311,529 0 1,311,529
Notwithstanding
the provisions of section 35-3-15 of the general laws in chapter 35-3 entitled
“State Budget”, no unexpended and unencumbered balances of the FY 2003
appropriation for the contingency fund in the Office of the Governor shall be
reappropriated to FY 2004.
SECTION 3.
This article shall take effect upon passage.
ARTICLE 43
Relating To State Budget
SECTION
1. Section 35-3-15 of the General Laws in Chapter
35-3 entitled "State Budget" is hereby amended to read as follows:
35-3-15. Unexpended and unencumbered balances
of revenue appropriations. -- (a) All unexpended or unencumbered
balances of general revenue appropriations, whether regular or special
appropriations, at the end of any fiscal year, shall revert to the surplus
account in the general fund, and may be reappropriated by the governor to the
ensuing fiscal year and made immediately available for the same purposes as the
former appropriations; provided, that the disposition of unexpended or
unencumbered appropriations for the general assembly and legislative agencies
shall be determined by the joint committee on legislative affairs, and written
notification given thereof to the state controller within twenty (20) days
after the end of the fiscal year. ; and furthermore that the
disposition of unexpended or unencumbered appropriations for the judiciary,
shall be determined by the state court administrator, and written notification
given thereof to the state controller within twenty (20) days after the end of
the fiscal year.
(b) The governor shall submit a report of such reappropriations to the chairperson of the house finance committee and the chairperson of the senate finance committee of each reappropriation stating the general revenue appropriation, the unexpended or unencumbered balance, the amount reappropriated, and a explanation of the reappropriation and the reason for the reappropriation by August 15 of each year.
SECTION
2. This article shall take effect upon passage.
ARTICLE 44
Relating to the Rhode Island
Veterans’ Home
SECTION 1.
Section 30-24-10 of the General Laws in Chapter 30-24 entitled "Rhode
Island Veterans' Home" is hereby amended to read as follows:
30-24-10. Admissible to home -- Fees. -- (a) Any person who has served in the army, navy, marine corps, coast guard, or air force of the United States for a period of ninety (90) days or more and that period began or ended during any foreign war in which the United States shall have been engaged or in any expedition or campaign for which the United States government issues a campaign medal, and who was honorably discharged from it, and who shall be deemed to be in need of care provided at the Rhode Island veterans' home, may be admitted to that facility subject to such rules and regulations as shall be adopted by the director of human services to govern the admission of applicants to the facility. Any person who has served in the armed forces of the United States designated herein and otherwise qualified, who has served less than the ninety-day period described in this section, and who was honorably discharged from service, and who, as a result of the service, acquired a service-connected disability or disease, may be admitted. No person shall be admitted to the facility unless the person has been accredited to the enlistment or induction quota of the state or has resided in the state for at least two (2) consecutive years next prior to the date of the application for admission to the facility.
(b) (1) The director shall, at the end of each fiscal year, determine the net per diem expenses of maintenance of residents in the facility and shall assess against each resident who has "net income", as defined in this section, a fee equal to ninety percent (90%) of the resident's net income, provided that fee shall not exceed the actual cost of care and maintenance for the resident; and provided that an amount equal to twenty percent (20%) of the maintenance fee assessed shall be allocated to and deposited in the veterans' restricted account. For the purposes of this section, "net income" is defined as gross income minus applicable federal and state taxes and minus:
(i) An amount equal to one
hundred sixteen one hundred fifty dollars ($116) ($150)
per month of residency and fifty percent (50%) of any sum received due to
wounds incurred under battle conditions for which the resident received the
purple heart; and
(ii) The amount paid by a resident for the support and maintenance of his or her spouse, parent(s), minor child(ren), or child(ren) who is/are blind or permanently and totally disabled as defined in title XVI of the Federal Social Security Act, 42 U.S.C. 1381 -- 1383d, subject to a maximum amount to be determined by rules and regulations as shall be adopted by the director.
(2) The fees shall be paid monthly to the home and any failure to make payment when due shall be cause for dismissal from the facility. Prior to dismissal, the resident shall be afforded administrative due process.
(c) Admissions to the veterans' home shall be made without discrimination as to race, color, national origin, religion, sex, disability, assets, or income.
SECTION 2. This article shall take effect upon passage.”
ARTICLE 45
Relating to credit cards
SECTION 1.
Title 35 of the General Laws entitled
"Public Finance" is hereby amended by adding thereto the
following chapter:
CHAPTER 21
RECEIPT OF TAXES, FEES, AND OTHER PAYMENTS BY CREDIT CARD
35-21-1. Credit card payments on amounts due
state and local governments. - - (a) Notwithstanding any other
provision of general law to the contrary, any department or agency as defined
in chapter 35-1 herein or other unit of state or local government delineated in
this section, which is required or authorized to receive or collect any
payments to state government, may be authorized, but not required, to accept
credit card payments of such amounts and in such manner as may be prescribed or
limited by this chapter. Any such department, agency or other governmental unit
receiving approval from the director of the department of administration
pursuant to this chapter shall be known as an “authorized department or
agency.”
(b) Subject to the provisions of this chapter, the director of
the department of administration shall establish procedures, in consultation with
the state controller and general treasurer, by which: (i) a department, agency
or other governmental unit may be approved as an authorized department or
agency; (ii) specific fees, charges, taxes, tuition or other payments to state
or local government may be approved for payment by credit card by an authorized
department or agency; and (iii) the manner of acceptance of credit card
payments is established. Factors which may be considered in making such
determinations or establishing such procedures may include, but are not
necessarily limited to, improved governmental cash flow, reduction of
governmental overhead costs, improved governmental financial security, the
benefit of increased public convenience or a combination of one or more of the
foregoing.
(c) For purposes of this section, the term “credit card” shall
be deemed to include credit cards, charge cards, debit cards, electronic funds
transfers or similar means of automatic transmission of funds.
(d) The state controller and general treasurer are jointly
authorized to enter into appropriate agreements with credit card issuers,
financial institutions or other appropriate parties as needed to facilitate the
acceptance of credit card payments pursuant to this chapter. Without limiting
the generality of the foregoing, such agreements may provide for the acceptance
of credit card payments at a discount from their face amount or the payment or the
payment or withholding of administrative fees from the face amount of such
payments, provided such payment or discount does not exceed a commercially
reasonable percentage of the face amount of such payment as may be determined
by the state controller and general treasurer.
Any such agreement shall provide that it may be canceled at any time,
but the agreement may include provisions for a reasonable brief period of
notice for cancellation.
(e) No person making any payment by credit card shall be
relieved from liability for the underlying obligation except to the extent that
the state realizes final payment of the underlying obligation in cash or the
equivalent. If final payment is not made by the credit card issuer or other guarantor of payment in
the credit card transaction, then the underlying obligation shall survive and
the state shall retain all remedies for enforcement which would have applied if
the credit card transaction had not occurred. No contract may modify the
provisions of this subsection. This subsection, however, shall not make the
underlying obligor liable for any discount or administrative fees paid to the
credit card issuer or other party by the state, except with child support
payments. Credit cards shall only be accepted for child support payments if a
means is established to ensure that the full amount of the child support
payment made by credit card is received by the recipient and that state revenue
is not used to pay any fee charged by the credit card company for the child
support payment.
(f) A state officer or employee who accepts a credit card
payment in accordance with this section and any applicable procedures,
policies, rules, or regulations of the state shall not thereby incur any
personal liability for the final collection of such payments.
(g) This section shall be broadly construed to authorize, but
not require, acceptance of credit card payments by authorized departments or
agencies. The decision as to whether to utilize credit card payments for any
particular type of payment may be made by the authorized department or agency,
subject to this chapter.
(h) Credit card account numbers in the possession of a state or
local government are confidential and shall not be deemed public records.
SECTION 2. Upon approval of the Division of Motor Vehicles pursuant to this chapter, section 31-6-15, of title 31 of the General laws is hereby repealed.
SECTION 3. This article shall take
effect upon passage.
ARTICLE 46
Relating To
Effective Date
This
act shall take effect upon passage, except as otherwise provided herein.