Chapter 246

2006 -- H 7120 SUBSTITUTE A

Enacted 06/30/06

 

A N  A C T

MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE, 30, 2007

          

     Introduced By: Representatives Watson, Mumford, Gorham, Savage, and Ehrhardt

     Date Introduced: February 08, 2006

 

 

It is enacted by the General Assembly as follows:

 

     ARTICLE 1             RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2007

     ARTICLE 2             RELATING TO BORROWING IN ANTICIPATION OF RECEIPTS FROM

                                    TAXES

     ARTICLE 3             RELATING TO MAKING REVISED APPROPRIATIONS FOR THE

                                    SUPPORT OF THE STATE FOR FISCAL YEAR ENDING JUNE 30, 2006

     ARTICLE 4             RELATING TO 911 EMERGENCY TELEPHONE SYSTEM SURCHARGE

     ARTICLE 5             RELATING TO CAPITAL DEVELOPMENT PROGRAM

     ARTICLE 6             RELATING TO BOND PREMIUMS

     ARTICLE 7             RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS

     ARTICLE 8             RELATING TO MOTOR VEHICLE EMISSIONS INSPECTION FEES

     ARTICLE 9             RELATING TO PHARMACEUTICAL ASSISTANCE TO THE ELDERLY

     ARTICLE 10           RELATING TO SUBMIT TO CHEMICAL TEST

     ARTICLE 11           RELATING TO RESTRICTED RECEIPT ACCOUNTS

     ARTICLE 12           RELATING TO GENERAL PUBLIC ASSISTANCE – HARDSHIP

                                    ASSISTANCE FUND

     ARTICLE 13           RELATING TO HOSPITAL UNCOMPENSATED CARE

     ARTICLE 14           RELATING TO CHILD CARE – STATE SUBSIDIES

     ARTICLE 15           RELATING TO NURSING FACILITIES

     ARTICLE 16           RELATING TO MUNICIPAL TIPPING FEES

     ARTICLE 17           RELATING TO STATE AID

     ARTICLE 18           RELATING TO LICENSING OF HOSPITAL FACILITIES

     ARTICLE 19           RELATING TO EDUCATION AID

     ARTICLE 20           RELATING TO ISSUANCE OF LICENSE UPON PAYMENT OF

                                    TAXES

     ARTICLE 21           RELATING TO TAX AMNESTY

     ARTICLE 22           RELATING TO FUEL USE REPORTING LAW

     ARTICLE 23           RELATING TO REGISTRATION OF VEHICLES

     ARTICLE 24           RELATING TO TUITION TAX CREDITS

     ARTICLE 25           RELATING TO MEDICAL ASSISTANCE - MANAGED CARE

     ARTICLE 26           RELATING TO HEALTH CARE QUALITY PROGRAM

     ARTICLE 27           RELATING TO UNDERGROUND STORAGE TANK FINANCIAL

                        RESPONSIBILITY FUND REVIEW BOARD

     ARTICLE 28           RELATING TO PAY DIFFERENTIAL FOR STATE EMPLOYEES

                                    ON ACTIVE DUTY

     ARTICLE 29           RELATING TO MOTOR VEHICLE EXCISE TAX – PHASE-OUT

     ARTICLE 30           RELATING TO TAXATION

     ARTICLE 31           RELATING TO PANDEMIC INFLUENZA PREPARATION

     ARTICLE 32           RELATING TO HUMAN SERVICES – FAMILY INDEPENDENCE 

                                    ACT

     ARTICLE 33           RELATING TO MEDICAL ASSISTANCE – PRESCRIPTION DRUGS

     ARTICLE 34           RELATING TO INSURANCE – MANDATED BENEFITS

     ARTICLE 35           RELATING TO MEDICAL ASSISTANCE – COMMUNITY HEALTH

CENTERS

     ARTICLE 36           RELATING TO DREDGING FEES

     ARTICLE 37           RELATING TO APPROVE AND PUBLISH AND SUBMIT TO THE

                        ELECTORS A PROPOSITION OF AMENDMENT TO THE 

                        CONSTITUTION OF THE STATE (LIMITATIONS ON STATE   

                        SPENDING)

     ARTICLE 38           RELATING TO STATE AFFAIRS AND GOVERNMENT

     ARTICLE 39           RELATING TO RULES AND REGULATIONS -- FUNDING

                                    REQUIRED

     ARTICLE 40           RELATING TO MEDICAL ASSISTANCE – OPTIONAL 

                                    ELIGIBILITY

     ARTICLE 41           RELATING TO EFFECTIVE DATE

        

ARTICLE 1 SUBSTITUTE A AS AMENDED

 

RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2007

 

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, 2007.  The amounts identified for federal funds and restricted receipts shall be made available pursuant to section 35-4-22 and Chapter 41 of Title 42 of the Rhode Island General Laws.  For the purposes and functions hereinafter mentioned, the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sums or such portions thereof as may be required from time to time upon receipt by him or her of properly authenticated vouchers.

 

Administration

Central Management

General Revenues                                                                   1,545,276

Federal Funds                                                                            346,196

Restricted Receipts                                                                      70,029

            Total - Central Management                                         1,961,501

Legal Services

General Revenues                                                                   2,562,185

Legal Support/DOT                                                                    108,503

            Total – Legal Services                                                 2,670,688

Accounts and Control General Revenues                                            3,428,790

Budgeting General Revenues                                                              2,456,351

Purchasing General Revenues                                                            2,416,614

Auditing General Revenues                                                                 2,057,592

Human Resources

                        General Revenues                                                      12,314,199

                        Federal Funds                                                                815,083

                        Restricted Receipts                                                        647,390

                        Other Funds                                                                1,120,457

                                    Total-Human Resources                                 14,897,129

Personnel Appeal Board General Revenues                                          102,849

Facilities Management

General Revenues                                                                  41,144,019

Federal Funds                                                                        21,551,019

Restricted Receipts                                                                  1,373,570

Other Funds                                                                            1,541,649

            Total – Facilities Management                                    65,610,257

Capital Projects and Property Management General Revenues                                    3,316,132

Information Technology

General Revenues                                                                  17,584,582

Federal Funds                                                                          7,076,403

Restricted Receipts                                                                  1,440,855

Other Funds                                                                            1,242,376

            Total – Information Technology                                  27,344,216

Library and Information Services

General Revenues                                                                   1,077,872

Federal Funds                                                                          1,355,677

Restricted Receipts                                                                        1,500

            Total – Library and Information Services                      2,435,049

Planning

General Revenues                                                                   5,306,430

Federal Funds                                                                          8,107,037

Intermodal Surface Transportation Funds

            Federal Highway - PL Systems Planning                       1,453,222

            Air Quality Modeling                                                        20,800

            Total – Planning                                                         14,887,489

Security Services General Revenues                                                  19,854,805

General

General Revenues

            Miscellaneous Grants                                                     626,750

            Torts – Courts                                                               400,000

            Contingency Fund                                                        1,050,000

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 and for transition expenses of general officers in accordance with section 36-1-2.1 of the general laws of 1956, as amended. 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 nonrecurring items of an unusual nature. Said appropriations may also be used for the payment of bills incurred due to emergencies or to any offense against public peace and property, in accordance with the provisions of Titles 11 and 45 of the general laws of 1956, as amended. All expenditures and transfers from this account shall be approved by the director of administration and the governor.

            State Employees/Teachers Retiree

             Health Subsidy                                                           9,475,125

            Economic Development Corporation                             8,184,274

            EDC – Rhode Island Airport Corporation Impact Aid    1,025,000

Provided that the Rhode Island Airport Corporation shall distribute the appropriated funds as follows:

60 percent of the first $1,000,000 appropriated funds shall be distributed to each airport serving more than 1,000,000 passengers based upon its percentage of the total passengers served by all airports serving more than 1,000,000 passengers.

40 percent of the first $1,000,000 shall be distributed to North Central Airport, Newport-Middletown Airport, Block Island Airport, Quonset Airport, TF Green Airport and Westerly Airport based on the shares of total takeoffs and landings during calendar year 2005, respectively. No airport shall receive less than $25,000.

Each airport receiving any portion of the amount appropriated shall make an impact payment to the towns or cities in which located in the full amounts received from the Corporation within 30 days of payments from the Corporation. Each community upon which any part of the above airports are located shall receive at least $25,000.

            EDC-Urban Revitalization Fund Capital Reserve               50,000

            Economic Policy Council                                                300,000

            Centers of Excellence                                                  3,000,000

            EDC EPScore                                                             1,500,000                        Motor Vehicle Excise Tax Payment                       136,004,939

            Property Valuation                                                       1,500,000

            General Revenue Sharing Program                             65,159,670

            Payment in Lieu of Tax Exempt Properties                  27,766,967

            Distressed Communities Relief Program                      10,921,335

            Resource Sharing and State Library Aid                        8,712,871

            Library Construction Aid                                              2,705,348

Federal Funds                                                                              34,869

Restricted Receipts                                                                  1,283,347

Rhode Island Capital Plan Funds

             Chapin Health Laboratory                                              100,000

             Cannon Building                                                            150,000

             Old State House                                                            100,000

             Williams Powers Building                                              500,000

             State House Renovations                                               830,000

              Environmental Compliance                                            250,000

             Fox Point Hurricane Barrier                                            50,000

            Fire Code Compliance State Buildings                             500,000

             Lead Mitigation Group Homes                                       200,000

               McCoy Stadium                                                        1,280,000

                Varley Building                                                          100,000

              Elderly Affairs One Stop Elder Center                           200,000

            Total – General                                                        283,960,495

Debt Service Payments

General Revenues                                                                  89,129,461           

Federal Funds                                                                          1,177,854

Restricted Receipts                                                                  1,027,956

Rhode Island Capital Plan Funds

             MHRH Community Services Program                         5,374,946

             MHRH Community Mental Health Program                 1,827,046

             DEM – Narragansett Bay Commission                        1,527,738

             DEM – Debt Service – CWFA                                   3,254,086

             DEM – Debt Service – Recreation                              8,340,854

             DEM – Debt Service –

            Wastewater Treatment                                                4,203,348

            DEM – Hazardous Waste                                            2,340,378

             RIPTA – Water Resources Board                               2,220,215

              DOA – Third Rail Project – Quonset Point                 2,463,980

Intermodal Surface Transportation Funds

            RIPTA Debt Service                                                      703,466

            Transportation Debt Service                                       36,695,660

Temporary Disability Insurance Fund

            RIRBA - DLT – Temporary Disability Insurance                                    45,586

            COPS - DLT Building – TDI                                          382,138

                                       Total - Debt Service Payments       160,714,712

Personnel Reform Medical Insurance

             General Revenues                                                                (3,709,901)

Federal Funds                                                                       (1,298,060)

Restricted Receipts                                                                  (264,858)

Other Funds                                                                          (1,512,997)

                        Total – Personnel Reform                              (6,785,816)

State Employee Turnover at 5.2 percent                                        (36,491,395)

                        Grand Total - Administration                         564,837,458

Business Regulation

Central Management General Revenues                                             1,456,314

Banking and Securities Regulation General Revenues                        2,822,483

Commercial Licensing, Racing  and Athletics

General Revenues                                                                   1,814,637

Restricted Receipts                                                                    100,000

            Total - Commercial Licensing,

             Racing and Athletics                                                   1,914,637

Insurance Regulation

General Revenues                                                                   4,684,990

Restricted Receipts                                                                    704,408

            Total - Insurance Regulation                                         5,389,398

Board of Accountancy General Revenues                                              156,280                                                Grand Total - Business Regulation    11,739,112

Labor and Training

Central Management

General Revenues                                                                      143,250

Restricted Receipts                                                                    385,212

            Total - Central Management                                           528,462

Workforce Development Services

           General Revenues                                                                       258,600

Federal Funds                                                                        15,789,182

Restricted Receipts                                                                10,379,076

Reed Act Funds

                         Rapid Job Entry                                                931,277

                         Woonsocket Networking                                     55,000

                         Workforce Development                                 6,202,864

Of the $7.2 million appropriated from Reed Act funds, $1 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; $55,000 may be used solely for netWORKri office renovations; and $6.2 million may be for the administration of this state’s employment compensation law and public employment service offices.

            Total - Workforce Development Services                    33,615,999

Workforce Regulation and Safety General Revenues                          2,860,748

Income Support

General Revenues                                                                   3,137,593

Federal Funds                                                                        12,820,503

Restricted Receipts                                                                  1,616,416

Temporary Disability Insurance Fund                                    176,891,254

Employment Security Fund                                                   213,398,437

            Total - Income Support                                             407,864,203

Injured Workers Services Restricted Receipts                                   10,508,769

Labor Relations Board General Revenues                                             441,659

            Grand Total - Labor and Training                              455,819,840

Legislature

General Revenues                                                                  32,219,892

Restricted Receipts                                                                  1,451,733

            Grand Total - Legislature                                            33,671,625

Lieutenant Governor General Revenues                                              963,012

Secretary of State

Administration General Revenues                                                        1,741,391

Corporations General Revenues                                                         1,801,627

State Archives

General Revenues                                                                      104,891

Federal Funds                                                                              85,000

Restricted Receipts                                                                    486,355

            Total - State Archives                                                    676,246

Elections and Civics

General Revenues                                                                   1,278,170

Federal Funds                                                                          1,931,890

            Total – Elections                                                          3,210,060

State Library General Revenues                                                            700,499

Office of Public Information General Revenues                                    314,339

            Grand Total - State                                                      8,444,162

General Treasurer

Treasury

General Revenues                                                                   2,685,728

Federal Funds                                                                            290,975

Restricted Receipts                                                                      10,000

Temporary Disability Insurance Fund                                          303,834

            Total – Treasury                                                          3,290,537

State Retirement System

Restricted Receipts

            Administrative Expenses - State Retirement System      5,660,755

            Retirement - Treasury Investment Operations                  772,474

            Total - State Retirement System                                   6,433,229

Unclaimed Property Restricted Receipts                                           16,657,676

RI Refunding Bond Authority General Revenues                                     55,770

Crime Victim Compensation Program

General Revenues                                                                      211,502

Federal Funds                                                                            731,314

Restricted Receipts                                                                  1,715,930

            Total - Crime Victim Compensation Program                2,658,746

            Grand Total - General Treasurer                                 29,095,958

Boards for Design Professionals General Revenues                            390,153

Board of Elections

General Revenues                                                                   2,516,239

Federal Funds                                                                            818,900

            Grand Total - Board of Elections                                  3,335,139

Rhode Island Ethics Commission General Revenues                        1,297,421

Office of Governor

General Revenues                                                                   4,952,015

Intermodal Surface Transportation Funds                                      92,129

            Grand Total - Office of Governor                                 5,044,144

Public Utilities Commission

General Revenues                                                                      743,985

Federal Funds                                                                              88,567

Restricted Receipts                                                                  6,080,429

            Grand Total - Public Utilities Commission                      6,912,981

Rhode Island Commission on Women General Revenues                     99,715

Department of Revenue

Director of Revenue Office General Revenues                                      488,750

Office of Revenue Analysis General Revenues                                       388,424

Lottery Division Lottery Funds                                                        214,740,880

Property Valuation General Revenues                                                   669,726

Taxation

                        General Revenues                                                      18,374,247

                        Federal Funds                                                              1,188,260

                        Restricted Receipts                                                        813,368

                        Motor Fuel Evasion Program                                            42,732

                        Temporary Disability Insurance                                       875,361

                                    Total-Taxation                                               21,293,968

Registry of Motor Vehicles

                        General Revenues                                                      17,536,892

                        Federal Funds                                                                395,638

                        Restricted Receipts                                                          16,083

                                    Total-Registry of Motor Vehicles                    17,948,613

                                              Grand Total-Revenue                         255,530,361

Office of Health and Human Services

                        General Revenues                                                          313,160

                        Federal Funds                                                                245,357

                        Restricted Receipts                                                        211,603

                                    Grand Total – Office of Health and

                                    Human Services                                                 770,120

Children, Youth, and Families

Central Management  

General Revenues                                                                   6,860,904

Federal Funds                                                                          3,477,254

            Total - Central Management                                       10,338,158

Children's Behavioral Health Services

General Revenues                                                                  36,982,288

Federal Funds                                                                        37,112,018

Total - Children's Behavioral Health Services                          74,094,306

Juvenile Correctional Services

General Revenues                                                                  32,579,007

Federal Funds                                                                          3,379,260

Restricted Receipts                                                                        6,000

Rhode Island Capital Plan Funds

                         Girls Facility – Training School                           800,000

                         Community Facilities – Training School 500,000

            Total - Juvenile Correctional Services                          37,264,267

Child Welfare

General Revenues                                                                  96,569,239

Federal Funds                                                                        72,495,979

Restricted Receipts                                                                  1,655,094

Rhode Island Capital Plan Funds

                         Fire Code Upgrades                                          500,000

                        Total - Child Welfare                                    171,220,312

Higher Education Incentive Grants General Revenues                          200,000

            Grand Total - Children, Youth, and Families               293,117,043

Elderly Affairs

General Revenues

            General Revenues                                                      16,683,105

Provided that $534,907 of the $16,683,105 from general revenues shall be available for community elder information specialists.

            RIPAE                                                                       3,412,000

            Safety and Care of the Elderly                                              600

Federal Funds                                                                        12,623,605

Restricted Receipts                                                                  1,250,000

Intermodal Surface Transportation Fund                                    4,800,000

            Grand Total - Elderly Affairs                                      38,769,310

Health

Central Management

General Revenues                                                                   4,814,505

Provided that $130,000 from general revenues is reserved exclusively for the Southeast and New England Health Safe Community Foundation/ Michael Montelone Foundation to provide automated external defibrillators to high schools and athletic fields.

Federal Funds                                                                          4,849,996

Restricted Receipts                                                                  1,850,664

            Total - Central Management                                       11,515,165

State Medical Examiner

General Revenues                                                                   1,964,801

Federal Funds                                                                            140,543

            Total - State Medical Examiner                                    2,105,344

Family Health

General Revenues                                                                   3,039,370

Federal Funds                                                                        28,929,522

Restricted Receipts                                                                  6,875,852

            Total - Family Health                                                 38,844,744

Health Services Regulation

General Revenues                                                                   5,085,025

Federal Funds                                                                          5,350,171

Restricted Receipts                                                                    400,319

            Total - Health Services Regulation                              10,835,515

Environmental Health

General Revenues                                                                   4,616,661

Federal Funds                                                                          4,815,388

Restricted Receipts                                                                  1,553,683

            Total - Environmental Health                                      10,985,732

Health Laboratories

General Revenues                                                                   6,366,122

Federal Funds                                                                          2,184,707

            Total - Health Laboratories                                          8,550,829

Disease Prevention and Control

General Revenues                                                                   7,416,725

Federal Funds                                                                        19,893,007

National Highway Traffic Safety Funds

            Walkable Communities Initiative                                       29,960

            Total - Disease Prevention and Control                       27,339,692

            Grand Total - Health                                                110,177,021

Human Services

Central Management

            General Revenues

            General Revenues                                                       8,778,008

            Federal Funds                                                              6,665,999

Restricted Receipts                                                                  2,240,382

            Total - Central Management                                       17,684,389

Child Support Enforcement

General Revenues                                                                   3,649,018

Federal Funds                                                                          7,400,423

            Total – Child Support Enforcement                             11,049,441

Individual and Family Support

General Revenues                                                                  25,166,091

Federal Funds                                                                        54,777,883

Restricted Receipts                                                                      91,944

            Total - Individual and Family Support                           80,035,918

Veterans' Affairs

General Revenues                                                                  17,300,207

Federal Funds                                                                          7,588,106

Restricted Receipts                                                                  1,219,365

            Total - Veterans' Affairs                                            26,107,678

Health Care Quality, Financing and Purchasing

General Revenues                                                                  21,178,701

Federal Funds                                                                        45,340,602

Restricted Receipts                                                                    566,815

            Total - Health Care Quality, Financing & Purchasing   67,086,118

Medical Benefits

General Revenues

            Hospitals                                                                   77,228,648

            Nursing Facilities                                                      146,058,329

            Managed Care                                                         209,075,483

            Pharmacy                                                                  65,484,895

            Other                                                                        71,478,576

Federal Funds

            Hospitals                                                                   82,338,822

            Nursing Facilities                                                      163,774,830

            Managed Care                                                         246,229,008

            Special Education                                                       20,733,240

            Pharmacy                                                                  25,887,480

            Other                                                                        80,233,863

Restricted Receipts                                                                  4,490,042

            Total - Medical Benefits                                         1,193,013,216

Supplemental Security Income Program General Revenues               28,201,184

Family Independence Program

General Revenues

            Child Care                                                                 39,870,805

            TANF/Family Independence Program                           7,724,147

Federal Funds                                                                        84,438,119

            Total - Family Independence Program                       132,033,071

State Funded Programs

General Revenues

            General Public Assistance                                            3,860,294

Federal Funds                                                                        83,690,512

            Total - State Funded Programs                                   87,550,806

            Grand Total - Human Services                               1,642,761,821

Mental Health, Retardation, and Hospitals

Central Management General Revenues                                             2,251,063

Hospital and Community System Support

General Revenues                                                                   4,574,961

Federal Funds                                                                            229,166

Rhode Island Capital Plan Funds

                         Utilities Upgrade                                               500,000

                         Medical Center Rehabilitation                            400,000

                         Utility Systems - Water Tanks and Pipes            250,000

                         Central Power Plant Rehabilitation                     400,000

                         Community Facilities Fire Code                          500,000

                         Pastore Center Fire Code Compliance                250,000

                        DD Private Waiver Community Facilities

                             Fire Code Upgrades                                      187,500

            Total - Hospital and Community System Support 7,291,627

Services for the Developmentally Disabled

General Revenues                                                                119,315,406

Federal Funds                                                                      135,138,112

Rhode Island Capital Plan Funds

              Regional Center Repair/Rehabilitation                            200,000

             Developmental Disability Group Homes                       1,000,000

            Total - Services for the Developmentally Disabled      255,653,518

Integrated Mental Health Services

General Revenues                                                                  43,579,541

Federal Funds                                                                        37,670,463

            Total - Integrated Mental Health Services                   81,250,004

Hospital and Community Rehabilitation Services

General Revenues                                                                  52,576,725

Federal Funds                                                                        56,766,343

Rhode Island Capital Plan Funds

             Zambarano Buildings and Utilities                                   200,000

            Total-Hospital and Community Rehabilitation Services 109,543,068

Substance Abuse

General Revenues                                                                  16,157,873

Federal Funds                                                                        14,848,644

Restricted Receipts                                                                      90,000

Rhode Island Capital Plan Funds  Asset Protection                       100,000

            Total - Substance Abuse                                            31,196,517

            Grand Total - Mental Health, Retardation,

            and Hospitals                                                           487,185,797

Office of the Child Advocate

General Revenues                                                                      558,096

Federal Funds                                                                              40,000

             Grand Total - Child Advocate                                        598,096

Commission on the Deaf and Hard of Hearing

General Revenues                                                                      355,329

Federal Funds                                                                              15,000

            Grand Total - Commission on the Deaf and

             Hard of Hearing                                                            370,329

RI Developmental Disabilities Council Federal Funds                        461,393

Governor's Commission on Disabilities

General Revenues                                                                      602,202

Federal Funds                                                                            195,681

Restricted Receipts                                                                      25,444

Rhode Island Capital Plan Funds

             Facility Renovation –

            Handicapped Accessibility                                              200,000

            Grand Total - Governor's Commission on Disabilities      1,023,327

Commission for Human Rights

General Revenues                                                                   1,075,216

Federal Funds                                                                            323,478

            Grand Total - Commission for Human Rights                 1,398,694

Mental Health Advocate General Revenues                                         409,492

Elementary and Secondary Education

Administration of the Comprehensive Education Strategy

General Revenues                                                                  21,103,006

Federal Funds                                                                      178,926,175

Restricted Receipts                                                                  2,792,518

            Total – Administration of the Comprehensive

Education Strategy                                                               202,821,699

Davies Career and Technical School

General Revenues                                                                  13,753,144

Federal Funds                                                                          1,200,244

Rhode Island Capital Plan Funds Davies Elevators                         51,939

            Total - Davies Career and Technical School                15,005,327

RI School for the Deaf

General Revenues                                                                   6,476,348

Federal Funds                                                                            375,864

            Total - RI School for the Deaf                                      6,852,212

Metropolitan Career and Technical School General Revenues                                     10,406,956

Education Aid

General Revenues                                                                675,530,203

Federal Funds                                                                          2,221,786

Restricted Receipt                                                                   1,734,549

            Total – Education Aid                                               679,486,538

Central Falls School District General Revenues                                43,234,574

Housing Aid

General Revenues                                                                  49,672,045

Teachers’ Retirement General Revenues                                            69,200,130

            Grand Total - Elementary and Secondary

             Education                                                             1,076,679,481

Public Higher Education

Board of Governors/Office of Higher Education

            General Revenues                                                       7,858,537

            Federal Funds                                                              3,146,976

            Restricted Receipts                                                        540,000

                        Total – Board of Governors/Off.

                         of Higher Education                                      11,545,513

University of Rhode Island

      General Revenues

General Revenues                                                                  86,073,717

Debt Service                                                                           2,618,293

University and College Funds                                                                                         University and College Funds                             379,614,507

            Debt – Dining Services                                                1,078,794

            Debt – Educational & General                                      1,994,229

            Debt – Health Services                                                  127,938

            Debt – Housing Loan Funds                                         4,208,297

            Debt – Memorial Union                                                    99,615

            Debt – Ryan Center                                                    1,515,473

            Debt – Alton Jones Services                                           113,289

            Debt – Boss Arena                                                        295,207

            Debt – Parking Authority                                                649,353

            Debt – Sponsored Research (Ind. Cost)                            99,970

Rhode Island Capital Plan Funds

            Debt Service                                                               5,101,021

            Asset  Protection                                                         3,990,000

            Independence Hall                                                       1,200,000

Total – University of Rhode Island                                        488,779,703

Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or unencumbered balances as of June 30, 2007 relating to the University of Rhode Island are hereby reappropriated to fiscal year 2008.

Rhode Island College

                General Revenues

            General Revenues                                                      47,354,405

            Debt Service                                                               1,590,682

            RIRBA – Rhode Island College                                      293,470

University and College Funds

            University and College Funds                                      74,882,408

            Debt – Education and General                                        295,152

            Debt – Housing                                                              494,417

            Debt – Student Center & Dining                                     172,061

            Debt – Student Union                                                     172,194

Rhode Island Capital Plan Funds

            Asset Protection                                                          1,732,500

Total – Rhode Island College                                                126,987,289

Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or unencumbered balances as of June 30, 2007 relating to Rhode Island College are hereby reappropriated to fiscal year 2008.

Community College of Rhode Island

       General Revenues

General Revenues                                                                  49,537,170

Debt Service                                                                           1,405,076

       Restricted Receipts                                                                                                639,479

       University and College Funds

                        University and College Funds                                      59,569,735

                        Debt – Bookstore                                                           176,504

Rhode Island Capital Plan Funds

            Knight Campus Nursing Program                                      65,000 

            Asset Protection                                                          1,102,500

            Total – Community College of Rhode Island              112,495,464

Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or unencumbered balances as of June 30, 2007 relating to the Community College of Rhode Island are hereby reappropriated to fiscal year 2008.

                        Grand Total – Public Higher Education          739,807,969

RI State Council on the Arts

General Revenues

            Operating Support                                                          795,942

            Grants                                                                         2,045,524

Federal Funds                                                                            731,500

Restricted Receipts                                                                  1,008,195

            Grand Total - RI State Council on the Arts                    4,581,161

RI Atomic Energy Commission

General Revenues                                                                      836,702

Federal Funds                                                                            375,000

University and College Funds   URI Sponsored Research             171,206

            Grand Total - RI Atomic Energy Commission                1,382,908

RI Higher Education Assistance Authority

General Revenues

            Needs Based Grants and Work Opportunities                5,730,027

            Authority Operations and Other Grants                         1,017,375

Federal Funds                                                                        12,852,312

Tuition Savings Program - Administration                                10,058,298

            Grand Total - Higher Education Assistance Authority   29,658,012

RI Historical Preservation and Heritage Commission

General Revenues                                                                   1,705,676

Federal Funds                                                                            487,267

Restricted Receipts                                                                    266,820

            Grand Total - RI Historical Pres. and Heritage Comm.  2,459,763

RI Public Telecommunications Authority

General Revenues                                                                   1,388,669

Corporation for Public Broadcasting                                            828,498

            Grand Total - Public Telecommunications Authority       2,217,167

Attorney General

Criminal

General Revenues                                                                  13,077,675

Federal Funds                                                                          1,055,397

Restricted Receipts                                                                    520,527

                        Total - Criminal                                              14,653,599

Civil

General Revenues                                                                   4,524,821

Restricted Receipts                                                                    552,539

                        Total - Civil                                                     5,077,360

Bureau of Criminal Identification General Revenues                             991,634

General

General Revenues                                                                   2,249,571

Rhode Island Capital Plan Funds

            Building Renovations and Repairs                                    165,000

            Total - General                                                            2,414,571

            Grand Total - Attorney General                                  23,137,164

Corrections

Central Management

General Revenues                                                                   8,557,219

Federal Funds                                                                            260,032

            Total - Central Management                                         8,817,251

Parole Board

General Revenues                                                                   1,247,742

Federal Funds                                                                              33,002

            Total - Parole Board                                                    1,280,744

Institutional Corrections

General Revenues                                                                139,084,180

Federal Funds                                                                          7,224,911

Rhode Island Capital Plan Funds

              Reintegration Center State Match                               3,247,123

              General Renovations – Maximum                                  250,000

              General Renovations – Women’s                                  700,000

              Women’s Bathroom Renovations                                  506,000

               Bernadette Guay Bldg. Roof                                        623,000

               MIS/Admin. Units Relocation                                      151,017

               Asset Protection                                                       2,154,000

            Total - Institutional Corrections                                 153,940,231

Community Corrections

General Revenues                                                                  13,553,170

Federal Funds                                                                            820,175

            Total – Community Corrections                                  14,373,345

            Grand Total - Corrections                                         178,411,571

Judiciary

Supreme Court

General Revenues

            General Revenues                                                      25,833,914

            Defense of Indigents                                                    2,967,659

Federal Funds                                                                            122,000

Restricted Receipts                                                                  1,042,001

Rhode Island Capital Plan Funds

              Blackstone Valley Courthouse Study                             145,000

               Judicial HVAC                                                           500,000

               McGrath Int/Ext                                                          200,000           

            Asset Protection                                                            100,000

            Total - Supreme Court                                                30,910,574

Superior Court

General Revenues                                                                  20,593,206

Superior Court Adult Drug Court

                        General Revenues                                                            66,000

                        Federal Funds                                                                465,292

            Total - Superior Court                                                21,124,498

Family Court

General Revenues                                                                  16,451,290

Federal Funds                                                                          1,336,037

Family Court Drug Court V-Family Treatment

             Federal Funds                                                                           272,492

Family Court Juvenile Drug Court

             General Revenues                                                                     819,885

            Total - Family Court                                                   18,879,704

District Court General Revenues                                                         9,923,880

Traffic Tribunal General Revenues                                                     7,318,155

Workers' Compensation Court Restricted Receipts                             7,285,626

            Grand Total - Judiciary                                               95,442,437

Military Staff

National Guard

General Revenues                                                                   2,335,467

Federal Funds                                                                          8,954,804

Restricted Funds                                                                        145,000

Rhode Island Capital Plan Funds

              Benefit Street Arsenal Rehabilitation                             200,000

              Schofield Armory Rehabilitation                                    140,000

              AMC Roof Replacement                                              200,000

              State Armories Fire Code Comp.                                  150,000

              Federal Armories Fire Code Comp.                               118,750

              Logistics/Maint. Facilities Fire Code Comp.                   100,010

               Asset Protection                                                         200,000

            Total - National Guard                                                12,544,031

Emergency Management

General Revenues                                                                      829,452

Federal Funds                                                                        23,694,978

Restricted Receipts                                                                    285,385

            Total - Emergency Management                                 24,809,815

            Grand Total - Military Staff                                        37,353,846

E-911 Emergency Telephone System

General Revenues                                                                   4,485,669

Federal Funds                                                                              70,936

Restricted Receipts                                                                  2,312,113

            Grand Total - E-911 Emergency Telephone System       6,868,718

Fire Safety Code Board of Appeal and Review General Revenues      289,299

State Fire Marshal

General Revenues                                                                   2,838,049

Federal Funds                                                                            191,000

            Grand Total - State Fire Marshal                                  3,029,049

Commission on Judicial Tenure and Discipline

General Revenues                                                                      114,772

Rhode Island Justice Commission

General Revenues                                                                      163,972

Federal Funds                                                                          4,707,722

Restricted Receipts                                                                      30,000

            Grand Total - Rhode Island Justice Commission             4,901,694

Municipal Police Training Academy

General Revenues                                                                      425,710

Federal Funds                                                                              45,000

            Grand Total - Municipal Police Training Academy            470,710

State Police

General Revenues                                                                  49,047,151

Federal Funds                                                                          1,743,907

Restricted Receipts                                                                    235,411

Traffic Enforcement - Municipal Training                                    454,596

Rhode Island Capital Plan Funds Headquarters

            Repairs/Renovations                                                       340,000

Lottery Commission Assistance                                                  155,127

Road Construction Reimbursement                                           2,366,598

            Grand Total - State Police                                          54,342,790

Office of Public Defender

General Revenues                                                                   9,326,545

Federal Funds                                                                            135,701

            Grand Total - Office of Public Defender                       9,462,246

Environmental Management

Office of the Director

General Revenues                                                                   6,475,699

Federal Funds                                                                          1,495,287

Restricted Receipts                                                                  1,895,300

            Total – Office of the Director                                       9,866,286

Natural Resources

General Revenues                                                                  18,708,114

Federal Funds                                                                        19,130,040

Restricted Receipts                                                                  4,154,765

DOT Recreational Projects                                                          73,417

Blackstone Bikepath Design                                                     1,284,821

Rhode Island Capital Plan Funds

              Dam Repair                                                                 300,000

              Recreational Facilities Improvements                             500,000

              Fort Adams Rehabilitation                                             250,000

              Jamestown Fishing Pier                                                100,000

              Wickford Marine Facility                                              223,310

               Galilee Piers Upgrade                                                  200,000

               Newport Piers                                                            150,000

            Total - Natural Resources                                          45,074,467

Environmental Protection

General Revenues                                                                  12,346,683

Federal Funds                                                                        13,161,108

Restricted Receipts                                                                11,502,175

            Total - Environmental Protection                                 37,009,966

            Grand Total - Environmental Management                   91,950,719

Coastal Resources Management Council

General Revenues                                                                   2,112,667

Federal Funds                                                                          1,599,392

Restricted Receipts                                                                  3,195,000

            Grand Total - Coastal Resources Management Council  6,907,059

State Water Resources Board

General Revenues                                                                   1,937,302

Restricted Receipts                                                                    400,000

Rhode Island Capital Plan Funds

            Big River Management Area                                            80,600

            Grand Total - State Water Resources Board                 2,417,902

Transportation

Central Management

Federal Funds                                                                          5,161,535

Intermodal Surface Transportation Funds                                  3,098,421

            Total - Central Management                                         8,259,956

Management and Budget

Intermodal Surface Transportation Funds                                  1,709,378

Infrastructure – Engineering – Garvee/Motor Fuel Tax Bonds

Federal Funds                                                                      232,584,994

Restricted Receipts                                                                  3,066,699

Intermodal Surface Transportation Funds                                49,053,371

Land Sale Revenue                                                                  2,000,000

State Infrastructure Bank                                                         1,000,000

Rhode Island Capital Plan Funds Pawtucket/Central Falls

            Train Station                                                                    25,000

            Total - Infrastructure – Engineering – Garvee/Motor  287,730,064

Infrastructure Maintenance

Intermodal Surface Transportation Funds                                40,815,043

Outdoor Advertising                                                                     75,000

Resurfacing Design                                                                    250,000           

            Total - Infrastructure Maintenance                              41,140,043

            Grand Total - Transportation                                     338,839,441

Statewide Totals        

General Revenues                                                             3,221,527,107

Federal Funds                                                                    1,948,173,147

Restricted Receipts                                                              129,069,782

Other Funds                                                                      1,366,179,366

            Statewide Grand Total                                          6,664,949,402

 

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.  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 5. Appropriation of Temporary Disability Insurance Funds -- There is hereby appropriated pursuant to sections 28-39-5 and 28-39-8 of the Rhode Island General Laws all funds required to be disbursed for the benefit payments from the Temporary Disability Insurance Fund and Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 2007.

 

SECTION 6. Appropriation of Employment Security Funds -- There is hereby appropriated pursuant to section 28-42-19 of the Rhode Island General Laws all funds required to be disbursed for benefit payments from the Employment Security Fund for the fiscal year ending June 30, 2007.

 

SECTION 7.  Appropriation of Lottery Division Funds – There is hereby appropriated to the Lottery Division any funds required to be disbursed by the Lottery Division for the purposes of awarding winnings for the fiscal year ending June 30, 2007.

 

SECTION 8. The amounts reflected in this Article include the appropriation of Rhode Island Capital Plan funds for fiscal year 2007 and supersede appropriations provided for FY 2007 within Section 11 of Article 1 of Chapter 117 of the P.L. of 2005. 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 20, 3008 , June 30, 2009, June 30, 2010, and June 30, 2011. These amounts supersede appropriations provided within Section 11 of Article 1 of Chapter 117 of the P.L. of 2005. For the purposes and functions hereinafter mentioned, the State Controller is hereby authorized and directed to draw his or her orders upon the General Treasurer for the payment of such sums and such portions thereof as may be required by him or her upon receipt of properly authenticated vouchers.

 

Project                                  FY 2008         FY 2009          FY 2010          FY 2011

RICAP Statehouse Renovations         4,000,000       5,000,000           5,000,000     5,000,000

RICAP-Elderly Affairs One-Stop Ctr.2,000,000       2,000,000           2,085,000    300,000

RICAP-McCoy Stadium Repairs        557,500          432,500             152,500        372,500

RICAP-Training School Girl's Facility  2,000,000        1,845,000              -                          -

RICAP-Training School Community

    Centers                                           1,500,000        3,300,000          3,900,000        1,400,000

RICAP-Youth Group Homes Fire

     Code Upgrades                               1,300,000         1,435,000        1,435,000                   -

RICAP-Utilities Upgrades                     750,000         1,000,000        1,500,000    2,000,000

RICAP-Community Facilities Fire

     Code Upgrades                              1,000,000           1,500,000       2,000,000       2,500,000

RICAP-URI Asset Protection              4,189,500          4,398,975       4,618,924      4,849,870

RICAP-URI Lippitt Hall                      3,520,000                    -                    -                          -

RICAP-URI Chemistry Bldg.                 500 000                   -                     -                          -

RICAP-URI Nursing Program Bldg.      500,000                -                      -                            -

RICAP-RIC Asset Protection               1,819,125        1,910,082         2,005,586      2,105,865

RICAP-CCRI Asset Protection             1,157,625       1,215,507         1,276,281      1,340,095

RICAP-CCRI Knight Campus

     Nursing Program                                  60,000                 -                         -                         -

RICAP-CCRI Fire Code & HVAC        1,700,000       1,700,000                     -                      -

RICAP-MIS Unit Relocation                 1,000,000          903,998            407,985               -

RICAP-DOC Asset Protection               3,500,000    5,000,000            6,500,000     8,000,000

RICAP-Judicial Complexes Asset

    Protection                                          450,000             472,500               496,125     544,556

RICAP-Armory of Mounted Commands     441,910   1,100,000              950,000              -

RICAP-Military Asset Protection         210,000            220,500                231,525      243,101

RICAP-Quonset Point Armory/Hangar Land

     Acquisition                                          1,600,000                  -                          -                  -

RICAP-State Police Hdqrts.                        -              2,000,000             7,000,000              -

RICAP-Dam Repairs                      1,475,000             750,000              1,025,000     1,250,000

RICAP-State Recreation Facilities

     Improvement                               1,000,000          1,050,000             1,102,500    1,157,625

 

Reappropriation of funding for Rhode Island Capital Plan Fund Projects. – Any unexpended and unencumbered funds from Rhode Island Capital Plan Fund project appropriations shall be reappropriated in the ensuing fiscal year and made available for the same purpose. Any unexpended funds of less than five hundred dollars ($500) shall e reappropriated at the discretion of the State Budget Officer.

 

             SECTION 9.  Notwithstanding any provisions of Chapter 19 in Title 23 of the Rhode Island General Laws, the Resource Recovery corporation shall transfer to the State Controller the sum of three million three hundred thousand dollars ($3,300,000) on June 30, 2007.

            Section 12 of Article 1 of Chapter 117 of the 2005 Public Laws entitled "An Act Making Appropriations for the Support of the State for the Fiscal Year Ending June 30, 2006 is hereby amended to read as follows: Notwithstanding any provisions of Chapter 19 in Title 23 of the Rhode Island General Laws the Resource Recovery Corporation shall transfer to the State Controller the sum of four million five hundred thousand dollars ($4,500,000) seven million five hundred thousand dollars ($7,500,000) on June 30, 2006.

 

SECTION 10. Notwithstanding any provisions of Chapter 38.1 in Title 45 of the Rhode Island General Laws, the Rhode Island Health and Educational Building Corporation shall transfer to the State Controller the sum of three million seven hundred thousand dollars ($3,700,000) on June 30, 2006.

 

SECTION 11. Notwithstanding any provisions of Chapter 20.5-5 in Title 5 of the Rhode Island General Laws, the Rhode Island Department of Business Regulation shall transfer from the Real Estate Recovery Account to the State Controller the sum of one hundred thousand dollars ($100,000) on June 30, 2006.

 

SECTION 12. Any unexpended and unencumbered balances in the Attorney General's Consumer Education Escrow Account as of June 30, 2006 shall be transferred as general revenues.

            SECTION 13. Notwithstanding any provisions of Rhode Island General Laws, the Rhode Island Department of Labor and Training shall transfer to the State Controller the sum of one million three hundred four thousand fifty dollars ($1,304,050) from the Second Injury Fund and the sum of Seven hundred eleven thousand  three hundred dollars ($711,300) from the Donley Rehabilitation Fund which was paid to the state from the American International Group.

 

            SECTION 14.  The Coastal Resources Management Council shall transfer the sum of eight hundred and fifty thousand dollars ($850,000) from the Dredging Fee Escrow Account to the State Controller by June 30, 2007.  

 

            SECTION 15. Departments and agencies listed below may not exceed, in any pay period, the greater of the number of full-time equivalent positions (FTE) shown below or the number reported as filled by the Department of Administration for the last pay period of FY 2006, nor may the number of full-time equivalent positions in the executive branch excluding positions at the Office of Higher Education, University of Rhode Island, Rhode Island College, and the Community College of Rhode island supported by third party fund exceed 14,254.4 full-time equivalent positions. 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. 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. 

        The Director of Administration shall prepare and transmit a report to the Chairpersons of the House and Senate Finance Committees with copies to the House Fiscal Advisor and Senate Fiscal Advisor listing the number of new full-time equivalent position employees hired by department and agency by month for the period January 1, 2006 through June 30, 2006. The report shall be transmitted no later than August 1, 2006.

      The Director of Administration shall prepare and transmit monthly reports to the Chairpersons of the House and Senate Finance Committees with copies to the House Fiscal Advisor and the Senate Fiscal Advisor listing the number of full-time equivalent position employees hired by department and agency for each month commencing July 1, 2006. The reports shall be transmitted no later than the 20th day of the following month.

 

FTE POSITION AUTHORIZATION

 

Departments and Agencies                                            Full-Time Equivalent

Administration                                                    1,077.3

Business Regulation                                               102.7

Labor and Training                                                467.9

Legislature                                                            275.2

Office of the Lieutenant Governor                             9.5

Office of the Secretary of State                               55.9

Office of the General Treasurer                               86.2

Boards for Design Professionals                                3.8

Board of Elections                                                   14.3

Rhode Island Ethics Commission                              11.4

Office of the Governor                                            46.0

Public Utilities Commission                                      45.7

Rhode Island Commission on Women                         0.9

Department of Revenue                                         472.1

Office of Health and Human Services                        5.0

Children, Youth, and Families                                 789.8

Elderly Affairs                                                        50.5

Health                                                                  465.6

Human Services                                                 1,111.0

Mental Health, Retardation, and Hospitals            1,817.3

Office of the Child Advocate                                     5.8

Commission on the Deaf and Hard of Hearing            2.8

RI Developmental Disabilities Council                        2.0

Governor's Commission on Disabilities                        6.3

Commission for Human Rights                                 14.4

Office of the Mental Health Advocate                       3.5

Elementary and Secondary Education                     124.5

Davies                                                                  133.0

School for the Deaf                                                 68.0

Office of Higher Education                                      22.0

Provided that 1.0 of the total authorization would be available only for a position that is supported by third- party funds.

University of Rhode Island                                  2,542.1

Provided that 602.0 of the total authorization would be available only for positions that are supported by third-party funds.

Rhode Island College                                             925.5

Provided that 82.0 of the total authorization would be available only for positions that are supported by third-party funds.

Community College of Rhode Island                       850.2

Provided that 100.0 of the total authorization would be available only for positions that are supported by third-party funds.

Rhode Island State Council on the Arts                      8.6

RI Atomic Energy Commission                                 8.2

Higher Education Assistance Authority                     45.6

Historical Preservation and Heritage Commission      17.0

Public Telecommunications Authority                       21.4

Office of the Attorney General                               221.9

Corrections                                                         1,498.6

Judiciary                                                               723.4

Notwithstanding any provisions of Chapter 8 Section 8-8.2-1 of the Rhode Island General Laws, the Traffic Tribunal may not have more than five (5) judges and magistrates during FY 2007.

Military Staff                                                         103.1

E-911 Emergency Telephone System                       49.9

Fire Safety Code Bd. of Appeal and Review              2.8

RI State Fire Marshal                                              36.1

Commission on Judicial Tenure and Discipline             0.9

Rhode Island Justice Commission                               6.4

Municipal Police Training Academy                           3.7

State Police                                                           268.5

Office of the Public Defender                                  93.5

Environmental Management                                   503.5

Coastal Resources Management Council                  28.5

State Water Resources Board                                   8.5

Transportation                                                       779.7

            Total                                                  16,038.0

 

SECTION 16.  The general assembly authorizes the state controller to establish the internal service accounts shown below, and no other, to finance and account for the operations of state agencies that provide services to other agencies, institutions and other governmental units on a cost reimbursed basis.  The purpose of these accounts is to ensure that certain activities are managed in a businesslike manner, promote efficient use of services by making agencies pay the full costs associated with providing the services, and allocate the costs of central administrative services across all fund types, so that federal and other nongeneral fund programs share in the costs of general government support.  The controller is authorized to reimburse these accounts for the cost of work or services performed for any other department or agency subject to the following expenditure limitations:

           

            Account                                                           Expenditure Limit     

 

State Assessed Fringe Benefit Internal Service Fund                30,515,107           

Administration Central Utilities Internal Service Fund               18,797,979

State Central Mail Internal Service Fund                                   5,268,011           

State Telecommunications Internal Service Fund                       2,232,829           

State Automotive Fleet Internal Service Fund                          14,656,702

State Surplus Property Internal Service Fund                                 17,715           

Capitol Police Internal Service Fund                                            559,158

Health Insurance Internal Service Fund                                 244,184,576           

MHRH Central Pharmacy Internal Service Fund                     10,332,218

MHRH Laundry Services Internal Service Fund                        1,407,510

Corrections General Services & Warehouse

 Internal Service Fund                                                              6,126,014           

Corrections Howard Center Telephone Operations

Internal Service Fund                                                                 707,955           

Correctional Industries Internal Service Fund                             6,945,525

Secretary of State Record Center Internal Service Fund            1,156,600

(b) The Governor shall include as part of the FY 2008 budget, a description of these accounts, their purposes, and the efficacy of continuing them.

 

SECTION 17.  This article shall take effect as of July 1, 2006.

 

 

ARTICLE 2 SUBSTITUTE A

 

Relating To Borrowing In Anticipation Of Receipts From Taxes

 

SECTION 1.   The State of Rhode Island is hereby authorized to borrow during its fiscal year ending June 30, 2007, 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 and fifty million dollars ($250,000,000), 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, 2007 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 upon passage.

 

 

ARTICLE 3 SUBSTITUTE A AS AMENDED

 

RELATING TO MAKING REVISED APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR FISCAL YEAR ENDING JUNE 30, 2006

 

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, 2006.  The amounts identified for federal funds and restricted receipts shall be made available pursuant to Section 35-4-22 and Chapter 42-41 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.

                                                                        FY 2006          FY 2006          FY 2006

                                                                        Enacted           Change            Final

Administration

Central Management

            General Revenues                                 1,775,142          110,732             1,885,874

            Federal Funds                                       323,069             29,738               352,807

            Restricted Receipts                               99,807               47,001               146,808

                        Total - Central Management      2,198,018          187,471             2,385,489

Legal Services General Revenues                     2,163,909          (17,085)            2,146,824

Accounts and Control General Revenues         4,264,946          139,156             4,404,102

Budgeting General Revenues                            3,057,986          (28,973)            3,029,013

Purchasing General Revenues                          2,102,230          196,796             2,299,026

Auditing General Revenues                               1,801,761          (130,000)          1,671,761

Human Resources General Revenues                6,554,273          19,646               6,573,919

Personnel Appeal Board General Revenues      93,666               (2,621)              91,045

Taxation

            General Revenues                                 18,223,648         (13,892)            18,209,756

            Federal Funds                                       1,093,904          50,730               1,144,634

            Restricted Receipts                               837,732             (68,663)            769,069

            Intermodal Surface Transportation Funds

                 Motor Fuel Tax Evasion Program      56,487               (22,337)            34,150

                 Temporary Disability Insurance         805,858             39,638               845,496                                     Total – Taxation           21,017,629         (14,524)            21,003,105

Registry of Motor Vehicles

            General Revenues                                 16,381,072         579,942             16,961,014

            Federal Funds                                       246,798             615,041             861,839

            Restricted Receipts                               17,166               (1,083)              16,083

                        Total – Registry of Motor

                                    Vehicles                       16,645,036         1,193,900          17,838,936

Facilities Management

            General Revenues                                 11,197,657         2,831,473          14,029,130

            Federal Funds                                       17,070,908         1,281,342          18,352,250

            Restricted Receipts                               1,522,448          (454,840)          1,067,608                      Total – Facilities Management     29,791,013         3,657,975          33,448,988

Capital Projects and Property Management

            General Revenues                                 2,737,301          544,581             3,281,882

Information Technology

            General Revenues                                 2,470,752          3,862,863          6,333,615

            Federal Funds                                       -                       428,000             428,000

                        Total – Information Technology 2,470,752           4,290,863          6,761,615

Office of Library and Information Services

            General Revenues                                 1,007,261          -                       1,007,261

            Federal Funds                                       1,396,535          -                       1,396,535

            Restricted Receipts                               8,000                (3,500)              4,500                                        Total - Office of Library and

                        Information Services                  2,411,796          (3,500)              2,408,296

Planning

            General Revenues                                 1,684,772          3,936,486          5,621,258

            Federal Funds                                       5,045,062          2,145,755          7,190,817

            Intermodal Surface Transportation Funds

                Federal Highway - PL Systems

                                    Planning                        1,477,838          355,418             1,833,256                      Airr Quality Modeling           20,800   -           20,800

                        Total - Planning                         8,228,472          6,437,659          14,666,131

Security Services General Revenues                 17,022,922         1,416,256          18,439,178

General

            General Revenues

                        Domestic Partners Settlement    -                       474,864             474,864

                        Information Processing

                                    Overhead                      870,000             -                       870,000

                        Miscellaneous Grants                 355,000             -                       355,000

                        Property Tax Relief Credit         10,000,000         (10,000,000)      -

                        Rhode Island Sports Foundation  300,000             -                       300,000

                        Torts – Courts                           400,000             -                       400,000

                        Contingency Fund                      1,500,000          (820,867)          679,133

                        State Employees/Teachers

                                    Retiree Health               7,850,206          698,681             8,548,887

                        Economic Development

                                    Corporation                   7,326,287          (159,307)          7,166,980

                        Asset Inventory -                                               98,613               98,613

                        Economic Policy Council            300,000             -                       300,000

                        Centers of Excellence                3,000,000          -                       3,000,000

                        Housing Resources Commission 3,629,496          (3,629,496)        -

                        Neighborhood Opportunities

                                    Program                       -                       97,499               97,499

                        Motor Vehicle Excise Tax

                                    Payment                       112,285,745       5,489,101      117,774,846

                        Property Valuation                    1,000,000          212,288             1,212,288

                        General Revenue Sharing

                                    Program                       65,347,910         (373,907)          64,974,003

                        Payment in Lieu of Tax Exempt

                                    Properties                     26,975,194         -                       26,975,194

                        Distressed Communities Relief

                                    Program                       9,966,667          673,056             10,639,723

                        Resource Sharing and State

                                    Library Aid                   8,441,076          -                       8,441,076

                        Library Construction Aid            2,651,643          -                       2,651,643

            Federal Funds                                       255,573             -                       255,573

            Restricted Receipts                               1,116,850          166,497             1,283,347

            Rhode Island Capital Plan Funds

                        Chapin Health

                        Laboratory                                125,000             (67,539)            57,461

                        Cannon Building                        150,000             (90,337)            59,663

                        Veterans Auditorium                 1,150,000          -                       1,150,000

                        Old State House                        398,700             (368,700)          30,000

                        State Office Building                 500,000             (60,619)            439,381

                        Veterans’ Office

                        Building                                    350,000             54,418               404,418

                        Old Colony House                     200,000             (80,000)            120,000

                        Washington County

                        Government Center                   50,000              215,170             265,170

                        William Powers

                        Administration Building              500,000             492,852             992,852

                        State House

                        Renovations – Phase II              1,000,000          52,760               1,052,760

                        State House

                         Renovations – Phase III           -                       153,315             153,315

                        Powers Building

                        Technology Infrastructure          450,000             (450,000)          -

                        Environmental

                        Compliance                               300,000             (64,124)            235,876

                        Fox Point Hurricane

                        Barrier                                      50,000               -                       50,000

                        Cranston Street

                        Armory Exterior                        500,000             2,600,594          3,100,594

                        Eisenhower House                    50,000               -                       50,000

                        Fire Code Compliance

                        State Buildings                          1,000,000          (950,000)          50,000

                        State House

                        Terrace/South Stairs                  -                       21,823               21,823

                        Lead Mitigation

                        Group Homes                            250,000             (250,000)          -

                        Pastore Center

                        Sewer                                       -                       1,077,324          1,077,324

                        McCoy Stadium                        1,480,000          (1,480,000)        -

                        Bio-Tech Training

                        Lab Planning                             -                       200,000             200,000

                        Elderly Affairs One

                        Stop Elder Center                      25,000               -                       25,000

                        Total – General                         272,100,347       (6,066,041)   266,034,306

Debt Service Payments           

            General Revenues                                 83,189,918         (11,775,523)      71,414,395

            Federal Funds                                       1,123,536          54,318               1,177,854

            Restricted Receipts                               6,648,590          (5,620,634)        1,027,956

            Rhode Island Capital Plan Funds

                        MHRH Community

                        Services Program                      5,750,722          26,630               5,777,352

                        MHRH Community

                        Mental Health Program             2,246,987          132,684             2,379,671

                        DEM  – Narragansett

                        Bay Commission                       1,973,944          (46,486)            1,927,458

                        Debt Service –

                        CWFA                                     2,797,577          212,315             3,009,892

                        DEM Debt

                        Service – Recreation                 10,232,831         269,988             10,502,819

                        DEM – Wastewater

                        Treatment                                 4,162,000          28,002               4,190,002

                        DEM – Hazardous

                        Waste                                       1,115,646          1,335,872          2,451,518

                        Water Resources

                        Board                                       2,156,936          137,171             2,294,107

                        URI GO Debt

                        Service                                     5,643,500          (5,643,500)        -

                        RIC                                          514,787             (514,787)          -

                        CCRI GO Debt                        

                        Service                                     1,438,040          (1,438,040)        -

                        DOA – Third Rail

                              Project – Quonset Point       1,367,030          (1,367,030)        -

            Intermodal Surface Transportation Funds

                        RIPTA Debt Service                 685,240             (35,487)            649,753

                        Transportation Debt Service       31,596,609         5,210,834          36,807,443

            Temporary Disability Insurance Fund

                        RIRBA - DLT – Temporary

                                    Disability Insurance       45,586               -                       45,586

                        COPS - DLT Building – TDI     362,820             (7,002)              355,818

            Reed Act Funds -- COPS - DLT Building –

                                    Reed Act                      36,990               (10,670)            26,320

            University and College Funds

                        URI Education and

                        General                                     1,088,999          (1,088,999)        -

                        URI Housing

                        Loan Funds                               1,751,951          (1,751,951)        -

                        URI Dining Services                  266,889             (266,889)          -

                        URI  Health Services                126,218             (126,218)          -

                        W. Alton Jones Services            112,766             (112,766)          -

                        URI Memorial Union                 98,277               (98,277)            -

                        URI Sponsored Research

                        (Indirect Cost)                           101,334             (101,334)          -

                        RIC Education and

                        General                                     296,614             (296,614)          -

                        RIC Housing                             568,191             (568,191)          -

                        RIC Student Center and

                        Dining                                       177,951             (177,951)          -

                        RIC Student Union                    217,171             (217,171)          -

                        CCRI Bookstore                       177,092             (177,092)          -

                                    Total - Debt Service

                                         Payments                 168,072,742       (24,034,798)   144,037,944

Retirement Alternative

            General Revenues                                 (1,658,427)        1,658,427          -

            Federal Funds                                       (666,889)          666,889             -

            Restricted Receipts                               (105,391)          105,391             -

            Other Funds                                          (302,821)          302,821             -

                        Total – Retirement Alternative   (2,733,528)        2,733,528          -

Pay Plan Reserve General Revenues                 33,000,000         (33,000,000)      -

Lottery Division Lottery Funds                          -                       210,312,897  210,312,897

                        Grand Total – Administration     593,001,271       167,833,186  760,834,457

Business Regulation

Central Management General Revenues           1,733,036          97,167               1,830,203

Banking Regulation General Revenues             1,758,524          90,540               1,849,064

Securities Regulation General Revenues           817,326             58,592               875,918

Commercial Licensing and Regulation

            General Revenues                                 1,253,819          (97,847)            1,155,972

            Restricted Receipts                               100,000             -                       100,000

                        Total - Commercial Licensing

                              and Regulation                    1,353,819          (97,847)            1,255,972

Racing and Athletics General Revenues            417,172             91,213               508,385

Insurance Regulation

            General Revenues                                 4,415,873          (245,896)          4,169,977

            Restricted Receipts                               708,362             (14,266)            694,096

                        Total - Insurance Regulation      5,124,235          (260,162)          4,864,073

Board of Accountancy             General Revenues                     139,494             10,571   150,065

                                    Grand Total - Business

                                        Regulation                 11,343,606         (9,926)              11,333,680

Labor and Training

Central Management

            General Revenues                                 423,321             (152,729)          270,592

            Restricted Receipts                               836,481             59,492               895,973

                        Total - Central Management      1,259,802          (93,237)            1,166,565

Workforce Development Services

            General Revenues                                 673,000             (380,000)          293,000

            Federal Funds                                      14,134,648         5,427,898          19,562,546

            Restricted Receipts                               7,963,073          488,972             8,452,045

            Reed Act Funds

                                    Rapid Job Entry             1,650,413          (636,301)          1,014,112

                                    Woonsocket

                            NetworkRI Office                 -                       556,898             556,898

                                    Workforce

                            Development                         5,534,438          (149,236)          5,385,202

            Of the $7.0 million appropriated from Other Reed Act funds, $1.0 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; $556,898 may be used solely for netWORKri office renovations; and $5.4 million may be used solely for the administration of this state’s employment compensation law and public employment offices.

                        Total - Workforce Development

                                    Services                        29,955,572         5,308,231          35,263,803

Workforce Regulation and Safety

                        General Revenues                     3,076,120          122,281             3,198,401

Income Support

            General Revenues                                 2,941,805          185,617             3,127,422

            Federal Funds                                       14,434,496         1,853,853          16,288,349

            Restricted Receipts                               1,771,717          (178,350)          1,593,367                      Temporary Disability Insurance

                                    Fund                             177,569,683       (5,124,588)    172,445,095

            Employment Security Fund                     204,500,000       6,582,532       211,082,532

                        Total - Income Support              401,217,701       3,319,064       404,536,765

Injured Workers Services Restricted Receipts  10,113,250         1,533,691          11,646,941

Labor Relations Board            General Revenues                     327,624             109,054 436,678

                        Grand Total - Labor and

                                    Training                        445,950,069       10,299,084    456,249,153

Legislature

            General Revenues                                 28,956,307         3,655,213          32,611,520

            Restricted Receipts                               1,272,479          79,025               1,351,504

                        Grand Total – Legislature          30,228,786         3,734,238          33,963,024

Lieutenant Governor General Revenues         917,362             41,405               958,767

Secretary of State

Administration             General Revenues         1,614,280          205,961             1,820,241

Corporations General Revenues                       1,554,819          193,692             1,748,511

State Archives

            General Revenues                                 95,950               3,901                99,851

            Federal Funds                                       -                       22,500               22,500

            Restricted Receipts                               485,628             (10,735)            474,893

                                    Total - State Archives    581,578             15,666               597,244

Elections and Civics

            General Revenues                                 379,685             90,594               470,279

            Federal Funds                                       981,955             5,296,941          6,278,896

                                    Total – Elections           1,361,640          5,387,535          6,749,175

State Library General Revenues                        698,938             3,286                702,224

Office of Public Information

            General Revenues                                 455,798             (51,092)            404,706                                     Grand Total – State  6,267,053          5,755,048                      12,022,101

General Treasurer

Treasury

            General Revenues                                 2,587,681          (78,421)            2,509,260

            Federal Funds                                       269,067             9,625                278,692

            Restricted Receipts                               10,000               -                       10,000               Temporary Disability Insurance

                                    Fund                             274,710             9,923                284,633

                                    Total – Treasury           3,141,458          (58,873)            3,082,585

State Retirement System

            State Employees' Retirement

                        Admin Expenses - State

                             Retirement System               4,521,572          2,122,738          6,644,310

                        Retirement - Treasury

                             Investment Operations          703,192             13,494               716,686                                     Total - State Retirement

                                                System             5,224,764          2,136,232          7,360,996

Unclaimed Property Restricted Receipts           18,394,382         6,780,618          25,175,000

RI Refunding Bond Authority General Revenues                       53,011              1,731    54,742

Crime Victim Compensation Program

            General Revenues                                 257,980             (19,326)            238,654

            Federal Funds                                       1,230,172          829,214             2,059,386

            Restricted Receipts                               1,744,101          (79,524)            1,664,577

                        Total - Crime Victim

                            Compensation Program          3,232,253          730,364             3,962,617

                                    Grand Total – General

                                                Treasurer          30,045,868         9,590,072          39,635,940

Boards for Design Professionals

            General Revenues                                 359,516             21,157               380,673

Board of Elections

            General Revenues                                 1,421,683          12,454               1,434,137

            Federal Funds                                       1,086,873          (57,754)            1,029,119

                        Grand Total - Board of

                                    Elections                       2,508,556          (45,300)            2,463,256

Rhode Island Ethics Commissions

            General Revenues                                 1,207,394          (16,064)            1,191,330

Office of Governor

            General Revenues                                 4,530,495          240,673             4,771,168                      Intermodal Surface

                           Transportation Funds              76,187               9,178                85,365

            Restricted Receipts                               -                       103,611             103,611

                        Grand Total - Office of

                            Governor                              4,606,682          353,462             4,960,144

Public Utilities Commission

            General Revenues                                 710,111             (16,567)            693,544

            Federal Funds                                       75,437               8,125                83,562

            Restricted Receipts                               5,634,792          187,586             5,822,378

                        Grand Total - Public Utilities

                                    Commission                  6,420,340          179,144             6,599,484

Rhode Island Commission on Women

            General Revenues                                 86,557               5,263                91,820

Children, Youth, and Families

Central Management

            General Revenues                                 8,238,151          261,809             8,499,960

            Federal Funds                                       3,997,779          (4,105)              3,993,674

                        Total - Central Management      12,235,930         257,704             12,493,634

Children's Behavioral Health Services

            General Revenues                                 30,777,152         3,811,574          34,588,726

            Federal Funds                                       31,564,022         4,902,413          36,466,435

            Rhode Island Capital Plan Funds

                                     Groden Center –

                                    Mt. Hope                      79,660               -                       79,660

                        Total - Children's Behavioral

                                    Health Services             62,420,834         8,713,987          71,134,821

Juvenile Correctional Services

            General Revenues                                 30,019,893         2,047,243          32,067,136

            Federal Funds                                       2,918,837          510,051             3,428,888

            Restricted Receipts                               4,500                640,980             645,480

            Rhode Island Capital Plan Funds

                          Girl’s Facility –

                        Training School                         1,275,000          (575,000)          700,000

                          Community Facilities –

                        Training Schools                        725,000             (725,000)          -

                         NAFI Center                           50,000               (50,000)            -

                        Total - Juvenile Correctional

                                    Services                        34,993,230         1,848,274          36,841,504

Child Welfare

            General Revenues                                 95,443,297         (2,742,636)        92,700,661

            Federal Funds                                       71,290,686         2,091,014          73,381,700

            Restricted Receipts                               1,623,901          15,519               1,639,420

            RICAP – Fire Code Upgrades               500,000             (450,000)          50,000

                        Total - Child Welfare                 168,857,884       (1,086,103)     167,771,781

Higher Education Incentive Grants

            General Revenues                                 200,000             -                       200,000                                     Grand Total - Children,

                        Youth, and Families                   278,707,878       9,733,862     288,441,740

Elderly Affairs

            General Revenues

                        General Revenues                     15,436,299         (108,960)          15,327,339

                        RIPAE                                     5,656,668          894,332             6,551,000

                        Safety and Care of the Elderly   600                   -                       600

            Federal Funds                                       13,910,687         1,547,183          15,457,870

            Restricted Receipts                               3,325,000          (925,000)          2,400,000

            Intermodal Surface

                          Transportation Fund                 4,760,000          -                       4,760,000

                        Grand Total - Elderly Affairs      43,089,254         1,407,555          44,496,809

Health

Central Management

            General Revenues                                 7,066,701          770,278             7,836,979

            Federal Funds                                       4,291,813          2,724,143          7,015,956

            Restricted Receipts                               3,795,332          292,985             4,088,317

                        Total - Central Management      15,153,846         3,787,406          18,941,252

State Medical Examiner

            General Revenues                                 1,830,258          41,856               1,872,114

            Federal Funds                                       137,846             88,365               226,211

                        Total - State Medical Examiner  1,968,104          130,221             2,098,325

Family Health

            General Revenues                                 2,213,925          (55,528)            2,158,397

            Federal Funds                                       30,854,716         (351,139)          30,503,577

            Restricted Receipts                               5,707,238          565,261             6,272,499

                        Total - Family Health                 38,775,879         158,594             38,934,473

Health Services Regulation

            General Revenues                                 4,962,160          213,337             5,175,497

            Federal Funds                                       5,730,052          (59,409)            5,670,643

            Restricted Receipts                               380,453             (5,790)              374,663

                        Total - Health Services

                                    Regulation                     11,072,665         148,138             11,220,803

Environmental Health

            General Revenues                                 4,696,140          (145,384)          4,550,756

            Federal Funds                                       4,415,280          299,388             4,714,668

            Restricted Receipts                               1,606,049          303,359             1,909,408

                        Total - Environmental Health      10,717,469         457,363             11,174,832

Health Laboratories

            General Revenues                                 6,000,295          127,285             6,127,580

            Federal Funds                                       1,986,255          906,101             2,892,356

                        Total - Health Laboratories        7,986,550          1,033,386          9,019,936

Disease Prevention and Control

            General Revenues                                 5,059,834          4,685,347          9,745,181

            Federal Funds                                       19,386,915         534,565             19,921,480

            Restricted Receipts                               91,000               (91,000)            -

            National Highway Traffic Safety Funds

                        Child Safety Program                87,076               (87,076)            -

                        Walkable Communities

                                    Initiative                        28,000               1,960                29,960

                                    Total - Disease

                                    Prevention and Control  24,652,825         5,043,796          29,696,621

                                    Grand Total – Health     110,327,338       10,758,904      121,086,242

Human Services

Central Management

            General Revenues                                 8,889,833          (157,996)          8,731,837

            Federal Funds                                       6,649,429          17,086               6,666,515

            Restricted Receipts                               2,710,000          (743,562)          1,966,438

                        Total - Central Management      18,249,262         (884,472)          17,364,790

Child Support Enforcement

            General Revenues                                 3,463,716          150,557             3,614,273

            Federal Funds                                       6,997,863          324,946             7,322,809

                        Total – Child Support

                            Enforcement                         10,461,579         475,503             10,937,082

Individual and Family Support

            General Revenues                                 22,791,531         571,818             23,363,349

            Federal Funds                                       54,905,850         (111,192)          54,794,658

            Restricted Receipts                               88,625               3,319                91,944

            Rhode Island Capital Plan Funds

                        Blind Vending                           50,000               -                       50,000

            Total - Individual and Family Support      77,836,006         463,945             78,299,951

Veterans' Affairs

            General Revenues                                 17,891,642         763,688             18,655,330

            Federal Funds                                       6,958,291          (296,343)          6,661,948

            Restricted Receipts                               2,398,295          226,222             2,624,517

                        Total - Veterans' Affairs            27,248,228         693,567             27,941,795

Health Care Quality, Financing and Purchasing

            General Revenues                                 29,542,024         (8,368,043)        21,173,981

            Federal Funds                                       43,427,720         921,135             44,348,855

            Restricted Receipts                               400,702             139,446             540,148

                        Total - Health Care Quality,

                            Financing & Purchasing         73,370,446         (7,307,462)        66,062,984

Medical Benefits

            General Revenues

                        Hospitals                                   113,645,903       3,016,530       116,662,433

                        Nursing Facilities                       137,117,647       (2,093,847)     135,023,800

                        Managed Care                          199,614,408       (16,692,451)   182,921,957

                        Special Education                      16,631,706         (16,631,706)      -

                        Pharmacy                                 67,453,544         (2,291,918)        65,161,626

                        Other                                        62,855,309         3,087,825          65,943,134

            Federal Funds

                        Hospitals                                   133,566,006       2,271,561       135,837,567

                        Nursing Facilities                       165,492,754       (2,516,554)     162,976,200

                        Managed Care                          245,193,520       953,723          246,147,243

                        Special Education                      20,068,294         -                       20,068,294

                        Pharmacy                                 80,340,270         (24,901,896)      55,438,374

                        Other                                        77,982,175         1,612,438          79,594,613

            Restricted Receipts                               15,000               -                            15,000

                                    Total - Medical Benefits                        1,319,976,536   (54,186,295) 1,265,790,241

Supplemental Security Income Program

            General Revenues                                 28,195,198         (585,570)          27,609,628

Family Independence Program

            General Revenues

                        Child Care                                48,725,584         (6,531,417)        42,194,167

                        TANF/Family Independence

                                    Program                       13,316,549         (470,852)          12,845,697

            Federal Funds                                       82,864,462         6,936,219          89,800,681

                        Total - Family Independence

                                        Program                   144,906,595       (66,050)          144,840,545

State Funded Programs

            General Revenues

                        General Public Assistance          3,014,942          532,086             3,547,028

                        Citizens Participation Program    50,000               -                       50,000

            Federal Funds                                       78,578,921         1,827,359          80,406,280

                        Total - State Funded Programs   81,643,863         2,359,445          84,003,308

                                    Grand Total –

                                         Human Services    1,781,887,713      (59,037,389) 1,722,850,324

Mental Health, Retardation, and Hospitals

Central Management General Revenues           2,448,761          (179,211)          2,269,550

Hospital and Community System Support

            General Revenues                                 22,883,374         5,711,380          28,594,754

            Federal Funds                                       -                       61,110               61,110

            Rhode Island Capital Plan Funds

                                    Utilities Upgrade           500,000             383,937             883,937

                                    Medical Center

                                    Rehabilitation                400,000             (25,402)            374,598

                                     Utility Systems

                                    Water Tanks and Pipes  250,000             81,199               331,199

                                     Central Power Plant

                                    Rehabilitation                100,000             135,944             235,944

                                     Community Facilities -

                                    Fire Code                      1,500,000          (1,200,000)        300,000

                                     Pastore Center Fire

                                    Code Compliance          500,000             (400,000)          100,000

                                    DD Private Waiver

                                    Community Facilities

                                    Fire Code Upgrades      -                       50,000               50,000

                                    Total - Hospital and

                                    Community System

                                    Support                         26,133,374         4,798,168          30,931,542

Services for the Developmentally Disabled

            General Revenues                                 110,527,346       418,032        110,945,378                        Federal Funds              134,325,661       599,134           134,924,795

            Rhode Island Capital Plan Funds

                                     MR/DD Residential

                                    Development                 1,250,000          (324,910)          925,090

                                     Regional Center

                                    Repair/Rehabilitation      281,261             (100,000)          181,261

                                     MR Community

                                    Facilities                       1,250,000          (202,500)          1,047,500

                        Total - Services for the

                           Developmentally Disabled       247,634,268       389,756           248,024,024

Integrated Mental Health Services

            General Revenues                                 41,367,980         1,394,206          42,762,186

            Federal Funds                                       37,848,505         175,248             38,023,753

                        Total - Integrated Mental Health

                                    Services                        79,216,485         1,569,454          80,785,939

Hospital and Community Rehabilitation Services

            General Revenues                                 47,515,173         2,284,071          49,799,244

            Federal Funds                                       55,069,510         108,424             55,177,934

            Rhode Island Capital Funds

                                     Zambarano Buildings

                                    and Utilities                   180,000             17,052               197,052

                                    Total - Hospital and Community

                                    Rehab. Services            102,764,683       2,409,547        105,174,230

Substance Abuse

            General Revenues                                 15,313,055         (26,479)            15,286,576

            Federal Funds                                       14,941,629         (126,380)          14,815,249

            Restricted Receipts                               100,000             (10,000)            90,000

            Rhode Island Capital Plan Funds

                                     Asset Protection           200,000             (74,633)            125,367

                                    Total - Substance Abuse                        30,554,684        (237,492)          30,317,192

                        Grand Total – Mental Health,

                                    Retardation, and Hospitals 488,752,255   8,750,222       497,502,477

Office of the Child Advocate

            General Revenues                                 498,621             37,568              536,189

            Federal Funds                                       48,060               (37,568)            10,492

                        Grand Total – Office of the

                                    Child Advocate             546,681             -                       546,681

Commission on the Deaf and Hard of Hearing

            General Revenues                                 307,606             29,478               337,084

            Federal Funds                                       45,336               (30,336)            15,000

                        Grand Total - Commission on the

                                    Deaf and Hard of

                                    Hearing                                                352,942             (858)    352,084

RI Developmental Disabilities Council

            Federal Funds                                       511,924             (53,310)            458,614

Governor's Commission on Disabilities

            General Revenues                                 531,409             16,912               548,321

            Federal Funds                                       116,928             109,511             226,439

            Restricted Receipts                               63,605               22,727               86,332

            Rhode Island Capital Funds

                        Facility Renovation                    200,000             -                       200,000

                        Grand Total - Governor's

                        Commission on Disabilities         911,942             149,150             1,061,092

Commission for Human Rights

            General Revenues                                 979,397             26,511               1,005,908

            Federal Funds                                       269,705             42,777               312,482

                        Grand Total - Commission for

                                    Human Rights               1,249,102          69,288               1,318,390

Mental Health Advocate

            General Revenues                                 351,329             30,503               381,832

Elementary and Secondary Education

Administration of the Comprehensive Education Strategy

            General Revenues                                 20,204,757         (174,051)          20,030,706

            Federal Funds                                       174,784,555       967,330           175,751,885

            Restricted Receipts                               2,797,497          (654,601)          2,142,896

            University and College Funds

                        Vision Services                         140,000             -                       140,000

            Rhode Island Capital Plan Funds

                                    Chariho Well Water       -                       70,886               70,886

                                    State-Owned Schools

                                    Fire Alarm                    -                       20,440               20,440

                        Total – Administration of the Comprehensive

                        Education Strategy                    197,926,809       230,004        198,156,813

Davies Career and Technical School

            General Revenues                                 12,810,692         355,701             13,166,393

            Federal Funds                                       1,359,370          148,666             1,508,036

            Restricted Receipts                               2,000                10,000               12,000

            Rhode Island Capital Plan Funds

                          Davies HVAC                                                137,280             -           137,280

                                    Total - Davies Career

                                    and Technical School     14,309,342         514,367             14,823,709

RI School for the Deaf

            General Revenues                                 5,981,028          225,074             6,206,102

            Federal Funds                                       382,065             9,551                391,616

            Rhode Island Capital Plan Funds

                                    School for the Deaf

                                    Planning Funds              200,000             (50,000)            150,000

                                     Total - RI School

                                     for   the Deaf               6,563,093          184,625             6,747,718

Metropolitan Career and Technical School

            General Revenues                                 8,814,530          -                       8,814,530

Education Aid

            General Revenues                                 642,631,258       1,364,598       643,995,856

            Federal Funds                                       2,240,868          (219,082)          2,021,786

            Restricted Receipts                               2,059,733          (225,184)          1,834,549

                        Total – Education Aid                646,931,859       920,332         647,852,191

Central Falls School District

                        General Revenues                     41,240,904         599                   41,241,503

Housing Aid General Revenues                                                 47,172,045         (548,389)          46,623,656

Teacher’s Retirement General Revenues           58,632,638         (2,519,590)        56,113,048                                             Grand Total - Elementary and

                                    Secondary Education     1,021,591,220    (1,218,052)  1,020,373,168

 

Public Higher Education

Board of Governors/Office of Higher Education

            General Revenues

                        General Revenues                     7,314,286          (275,000)          7,039,286

                        Debt – People Soft Lease          -                       1,211,207          1,211,207

            Federal Funds                                       3,085,532          -                       3,085,532

            Restricted Receipts                               -                       502,000             502,000

                        Total - Board of Governors/Office

                         of Higher Education                  10,399,818         1,438,207          11,838,025

University of Rhode Island

            General Revenues                                 84,303,400         (1,925,000)        82,378,400

            University and College Funds

                        University and College Funds     360,396,663       (7,720,550)     352,676,113

                        Debt-Dining Services                 -                       319,627             319,627

                        Debt-Educational & General      -                       1,728,694          1,728,694

                        Debt-Health Services                -                       128,000             128,000

                        Debt-Housing Loan Funds         -                       1,751,951          1,751,951

                        Debt-Memorial Union                -                       99,663               99,663

                        Debt-Ryan Center                     -                       2,305,722          2,305,722

                        Debt-Alton Jones Services         -                       113,343             113,343

                        Debt-Boss Arena                      -                       449,144             449,144

                        Debt-Parking Authority              -                       647,815             647,815

                        Debt-Sponsored Research

                                    (Ind. Cost)                    -                       101,816             101,816

            Rhode Island Capital Plan Funds

                                     Asset   Protection         5,200,000          2,455,069          7,655,069

                                    Independence Hall         2,600,000          -                       2,600,000

                                    Chafee Hall PCB

                                             Abatement           -                       5,441                5,441

                                     Biological Science

                                                Center              -                       101,689             101,689

                                    Superfund                     1,756,250          1,053,750          2,810,000

                                    Debt Service                 -                       6,807,788          6,807,788                                              Total – University of

                                                Rhode Island     454,256,313       8,423,962        462,680,275

            Notwithstanding the provisions of Section 35-3-15 of the General Laws, all unexpended or unencumbered balances as of June 30, 2006 relating to the University of Rhode Island are hereby reappropriated to fiscal year 2007.

Rhode Island College

            General Revenues

                        General Revenues                     44,980,878         (911,465)          44,069,413

                        RIRBA – Rhode Island College -                       232,093             232,093

            University and College Funds

                        University and College Funds     68,837,183         684,859             69,522,042

                        Debt-Education and General      -                       294,884             294,884

                        Debt-Housing                            -                       458,968             458,968

                        Debt-Student Center

                                    & Dining                       -                       172,136             172,136

                        Debt-Student Union                   -                       236,112             236,112

            Rhode Island Capital Plan Funds

                         Asset Protection /Roofs            1,650,000          1,001,387          2,651,387

                        Debt Service                             -                       875,676             875,676

            Total – Rhode Island     College             115,468,061       3,044,650        118,512,711

            Notwithstanding the provisions of Section 35-3-15 of the General Laws, all unexpended or unencumbered balances as of June 30, 2006 relating to Rhode Island College are hereby reappropriated to fiscal year 2007.

Community College of Rhode Island

            General Revenues                                 45,770,273         (324,895)          45,445,378

            Restricted Receipts                               607,689             27,991               635,680

            University and College Funds

                        University and College Funds     54,924,341         147,457             55,071,798

                        Debt-Bookstore                         -                       176,842             176,842

            Rhode Island Capital Plan Funds

                                     CCRI Newport            -                       90,000               90,000

                                     Asset Protection           1,050,000          959,571             2,009,571

                                    Debt Service                 -                       1,436,673          1,436,673

                                    Total – Community

                                                College of RI    102,352,303       2,513,639        104,865,942

            Notwithstanding the provisions of section 35-3-15 of the General Laws, all unexpended or encumbered balances as of June 30, 2006 relating to the Community College of Rhode Island are hereby reappropriated to fiscal year 2007.

                                                Grand Total – Public Higher

                                                Education          682,476,495       15,420,458     697,896,953

RI State Council on the Arts

            General Revenues

                        Operating Support                     1,411,498          17,651               1,429,149

                        Grants                                      1,212,423          -                       1,212,423

            Federal Funds                                       758,437             (83,575)            674,862

            Restricted Receipts                               600,000             -                       600,000

                                    Grand Total - RI State

                                    Council on the Arts        3,982,358          (65,924)            3,916,434

RI Atomic Energy Commission

            General Revenues                                 765,890             4,360                770,250

            Federal Funds                                       325,000             50,000               375,000

            University and College Funds

                        URI Sponsored Research          157,049             4,127                161,176

                                    Grand Total - RI Atomic

                                    Energy Commission       1,247,939          58,487               1,306,426

RI Higher Education Assistance Authority

            General Revenues

                        Needs Based Grants and

                                    Work Opportunities       8,922,769          (2,200,000)        6,722,769

                        Authority Operations and

                                    Other Grants                 977,653             28,606               1,006,259

            Federal Funds                                       12,390,339         2,189,839          14,580,178                     Tuition Savings Program –

                                    Administration               6,398,486          410,462             6,808,948

                                                Grand Total - Higher Education

                                    Assistance Authority     28,689,247         428,907             29,118,154

RI Historical Preservation and Heritage Commission

            General Revenues                                 1,410,602          4,683                1,415,285

            Federal Funds                                       583,881             21,762               605,643

            Restricted Receipts                               236,662             323,806             560,468

                                    Grand Total - Historical

                                    Preservation Comm.      2,231,145          350,251             2,581,396

RI Public Telecommunications Authority

            General Revenues                                 1,285,906          30,362               1,316,268

            Corporation for Public

                        Broadcasting                             756,911             44,038               800,949

            Rhode Island Capital Plan Funds

                                     Digital TV

                                    Conversion                    -                       1,736,387          1,736,387

                        Grand Total – RI Public

                        Telecommunications Authority   2,042,817          1,810,787          3,853,604

Attorney General

Criminal

            General Revenues                                 11,762,923         860,813             12,623,736

            Federal Funds                                       1,034,894          162,519             1,197,413

            Restricted Receipts                               360,199             107,476             467,675

                                    Total – Criminal            13,158,016         1,130,808          14,288,824

Civil

            General Revenues                                 3,672,422          567,647             4,240,069

            Restricted Receipts                               501,733             17,501               519,234

                                    Total – Civil                  4,174,155          585,148             4,759,303

Bureau of Criminal Identification

            General Revenues                                 849,017             94,956               943,973

            Federal Funds                                       123,650             147,218             270,868

                                    Total - Bureau of Criminal

                                       Identification              972,667             242,174             1,214,841

General

            General Revenues                                 1,946,801          208,546             2,155,347

            Rhode Island Capital Plan Funds

                                     Building Renovations

                                    and Repairs                   271,000             194,578             465,578

                                    Total – General             2,217,801          403,124             2,620,925

                        Grand Total - Attorney General  20,522,639         2,361,254          22,883,893

Corrections

Central Management

            General Revenues                                 10,422,167         200,656             10,622,823

            Federal Funds                                       399,595             26,349               425,944

                        Total - Central Management      10,821,762         227,005             11,048,767

Parole Board

            General Revenues                                 1,140,970          71,609               1,212,579

            Federal Funds                                       33,000               12,045               45,045

                        Total - Parole Board                  1,173,970          83,654               1,257,624

Institutional Corrections

            General Revenues                                 123,003,047       11,942,912      134,945,959

            Federal Funds                                       7,126,791          2,383,524          9,510,315

            Restricted Receipts                               -                       2,812                2,812

            Rhode Island Capital Plan Funds

                                     Perimeter/Security

                                    Upgrades                      83,198               62,500               145,698

                                     Fire Code Safety

                                    Improvements               200,000             100,000             300,000

                                     Security Camera

                                    Installation                    400,000             (400,000)          -

                                     Reintegration Center

                                    State Match                  390,000             150,000             540,000

                                     General Renovations

                                    - Maximum                   550,000             (316,432)          233,568

                                     General Renovations

                                    – Women’s                   1,000,000          355,160             1,355,160

                                     Women’s Bath Room

                                    Renovations                  450,000             (337,382)          112,618

                                    Bernadette Guay Bldg.

                                     Roof                            200,000             (142,898)          57,102

                                     Heating and Temperature

                                    Control                         342,000             (15,791)            326,209

                                     Medium HVAC

                                    Renovations                  31,000               (31,000)            -

                                     Minimum – Infrastructure

                                    Improvements               100,000             (100,000)          -

                                     High – Infrastructure

                                    Improvements               200,000             -                       200,000

                                     Medium – Price:

                                    Window/HVAC            215,000             (215,000)          -

                                     MIS/Admin Units

                                    Relocation                     50,000               (50,000)            -

                        Total - Institutional Corrections   134,341,036       13,388,405      147,729,441

Community Corrections

            General Revenues                                 12,372,991         355,437             12,728,428

            Federal Funds                                       1,914,414          (345,769)          1,568,645

                        Total – Community Corrections  14,287,405         9,668                14,297,073

                                                Grand Total –

                                                Corrections       160,624,173       13,708,732      174,332,905

Judiciary

Supreme Court

            General Revenues

                        General Revenues                     21,602,151         1,648,573          23,250,724

                        Defense of Indigents                 3,016,818          (200,000)          2,816,818

            Federal Funds                                       185,399             195,926             381,325

            Restricted Receipts                               960,921             121,376             1,082,297

            Rhode Island Capital Plan Funds

                                     Fogarty

                                    Interior/Exterior             -                       22,969               22,969

                                     Licht Foundation           -                       35,000               35,000

                                     Blackstone Valley

                                    Courthouse Study          100,000             55,000               155,000

                                     McGrath Judicial

                                    Complex Exterior          125,000             (92,998)            32,002

                                     Judicial HVAC             475,000             5,271                480,271

                                     Licht Window

                                    Restoration                   550,000             275,000             825,000

                        Total - Supreme Court               27,015,289         2,066,117          29,081,406

Superior Court

            General Revenues                                 18,138,389         706,367             18,844,756

            Federal Funds                                       567,518             160,918             728,436

                        Total - Superior Court                18,705,907         867,285             19,573,192

Family Court

            General Revenues                                 13,917,290         1,445,014          15,362,304

            Federal Funds                                       2,376,178          1,273,501          3,649,679

            Restricted Receipts                               142,010             (142,010)          -

                        Total - Family Court                  16,435,478         2,576,505          19,011,983

District Court

            General Revenues                                 8,650,732          676,435             9,327,167

            Federal Funds                                       -                       6,431                6,431

                        Total - District Court                 8,650,732          682,866             9,333,598

Traffic Tribunal General Revenues                   6,862,587          212,221             7,074,808

Workers' Compensation Court

            Restricted Receipts                               6,287,111          866,846             7,153,957

                                    Grand Total – Judiciary  83,957,104         7,271,840          91,228,944

Military Staff

National Guard

            General Revenues                                 1,759,766          202,281             1,962,047

            Federal Funds                                       6,804,799          1,212,820          8,017,619

            Restricted Receipts                               145,000             -                       145,000

            Rhode Island Capital Plan Funds

                                     Command Readiness

                                    Center - HVAC            12,500               (12,500)            -

                                     Command Readiness

                                    Center - Roof                30,000               (30,000)            -

                                     Benefit Street Arsenal

                                    Rehabilitation                225,695             (208,695)          17,000

                                    Emergency Operations

                                    Center                          -                       10,000               10,000

                                     Schofield Armory

                                    Rehabilitation                200,000             -                       200,000

                                     Combine Support

                                    Maintenance Shop         25,000               (25,000)            -

                                     Army Aviation Support

                                    Facility                          25,000               (25,000)            -

                                     AMC – Roof

                                    Replacement                 50,000               (45,672)            4,328

                                     Camp Fogarty Training

                                    Site                               40,000               (40,000)            -

                                     State Armories Fire

                                    Code Comp                   106,250             (31,250)            75,000

                                     Federal Armories Fire

                                    Code Comp                   46,875               (46,875)            -

                                     Logistics/Maint Facilities

                                    Fire Code Comp            37,505               (37,505)            -

                                    Total - National Guard   9,508,390          922,604             10,430,994

Emergency Management

            General Revenues                                 572,047             200,731             772,778

            Federal Funds                                       19,675,832         12,287,106         31,962,938

            Restricted Receipts                               276,429             (64,000)            212,429

                        Total - Emergency Management                        20,524,308         12,423,837         32,948,145

                                    Grand Total –

                                                Military Staff     30,032,698         13,346,441         43,379,139

E-911 Emergency Telephone System

            General Revenues                                 4,170,299          (40,382)            4,129,917

            Federal Funds                                       219,000             85,936               304,936

            Restricted Receipts                               1,656,924          170,947             1,827,871

                        Grand Total - E-911 Emergency

                                    Telephone System         6,046,223          216,501             6,262,724

Fire Safety Code Board of Appeal and Review

            General Revenues                                 266,894             20,611               287,505

State Fire Marshal

            General Revenues                                 2,368,505          (62,475)            2,306,030

            Federal Funds                                       341,635             25,663               367,298

            DEA Forfeiture Funds                           12,599               -                       12,599

                        Grand Total - State Fire

                                    Marshal                        2,722,739          (36,812)            2,685,927

Commission on Judicial Tenure and Discipline

            General Revenues                                 106,650             6,761                113,411

Rhode Island Justice Commission

            General Revenues                                 253,085             935                   254,020

            Federal Funds                                       5,451,607          (144,148)          5,307,459

            Restricted Receipts                               30,000               -                       30,000

                        Grand Total - Rhode Island

                                    Justice Commission       5,734,692          (143,213)          5,591,479

Municipal Police Training Academy

            General Revenues                                 373,710             -                       373,710

            Federal Funds                                       30,000               87,102               117,102

                        Grand Total - Municipal Police

                                    Training Academy         403,710             87,102               490,812

State Police

            General Revenues                                 45,368,538         1,004,146          46,372,684

            Federal Funds                                       1,979,224          79,137               2,058,361

            Restricted Receipts                               301,100             55,492               356,592

            Traffic Enforcement - Municipal

                                    Training                        87,922               379,073             466,995

            Rhode Island Capital Plan Funds

                                   Headquarters

                                    Repairs/Renovations      100,000             (90,000)            10,000

            Lottery Commission Assistance              140,991             5,519                146,510

            Road Construction

                        Reimbursement                         2,366,598          -                       2,366,598                                              Grand Total –

                                                State Police       50,344,373         1,433,367          51,777,740

Office of Public Defender

            General Revenues                                 7,757,125          673,177             8,430,302

            Federal Funds                                       237,847             28,222               266,069

                        Grand Total - Office of Public

                                    Defender                      7,994,972          701,399             8,696,371

Environmental Management

Office of the Director

            General Revenues                                 7,309,360          172,387             7,481,747

            Federal Funds                                       1,276,863          -                       1,276,863

            Restricted Receipts                               1,734,107          133,500             1,867,607

                        Total – Office of the Director    10,320,330         305,887             10,626,217

Natural Resources

            General Revenues                                 17,073,559         1,180,987          18,254,546

            Federal Funds                                       16,606,512         56,946               16,663,458

            Restricted Receipts                               3,485,157          43,418               3,528,575

            DOT Recreational Projects                    25,234               -                       25,234

            Blackstone Bikepath Design                   1,295,257          -                       1,295,257

            Rhode Island Capital Plan Funds

                                     Recreational Facilities

                                    Improvement                 500,000             (200,000)          300,000

                                     Dam Repair                 739,550             (53,061)            686,489

                                     Fort Adams

                                    Rehabilitation                250,000             (200,000)          50,000

                                     Great Swamp

                                    Management Area        100,000             (100,000)          -

                                     Jamestown Fishing

                                    Pier                              250,000             (182,171)          67,829

                                     Wickford Marine

                                    Facility                          550,000             (25,000)            525,000

                                     Galilee Piers Upgrade   200,000             (100,000)          100,000

                                     Newport Piers              100,000             (25,000)            75,000

                        Total - Natural Resources          41,175,269         396,119             41,571,388

Environmental Protection

            General Revenues                                 11,413,541         390,051             11,803,592

            Federal Funds                                       12,306,963         909,935             13,216,898

            Restricted Receipts                               5,175,024          63,876               5,238,900

                        Total - Environmental

                                    Protection                     28,895,528         1,363,862          30,259,390                                 Grand Total - Environmental

                                                Management     80,391,127         2,065,868          82,456,995

Coastal Resources Management Council

            General Revenues                                 1,580,355          96,650               1,677,005

            Federal Funds                                       1,753,000          786,121             2,539,121

            Restricted Receipts                               805,733             9,928                815,661

            Rhode Island Capital Plan Funds

                                     Allin’s Cove                 -                       50,000               50,000                                                   Grand Total - Coastal

                                                Resources Management

                                                Council             4,139,088          942,699             5,081,787

State Water Resources Board

            General Revenues                                 1,845,239          (218,360)          1,626,879

            Federal Funds                                       500,000             -                       500,000

            Restricted Receipts                               338,899             22,893               361,792

            Rhode Island Capital Plan Funds

                                     Big River Management

                                                Area                 119,312             11,844               131,156                                                 Grand Total - State Water

                                    Resources Board           2,803,450          (183,623)          2,619,827

Transportation

Central Management

            Federal Funds                                       9,608,487          (4,200,280)        5,408,207

            Intermodal Surface Transportation Funds 3,613,697         35,999               3,649,696                      Total - Central Management     13,222,184         (4,164,281)        9,057,903

Management and Budget

            Intermodal Surface Transportation Funds 2,067,463         978,285             3,045,748

Infrastructure Engineering – GARVEE/Motor Fuel Tax Bond

                        Federal Funds                           198,244,033       40,534,882      238,778,915

            Restricted Receipts                               6,000                3,055,001          3,061,001

            Intermodal Surface Transportation Funds 50,814,802       (4,264,041)        46,550,761

            Land Sale Revenue                               4,000,000          2,000,000          6,000,000

            Rhode Island Capital Plan Funds

                        RIPTA - Land and

                        Buildings                                   250,000             79,547               329,547

                        Pawtucket – Central Falls Train

                                    Station  -                       -                       75,000               75,000

            State Infrastructure Bank                       1,000,000          -                       1,000,000

                        Total - Infrastructure –

                                    Engineering                   254,314,835       41,480,389     295,795,224

Infrastructure Maintenance

             Intermodal Surface Transportation Funds 42,259,025      232,209             42,491,234

            Outdoor Advertising                              60,565               14,435               75,000

            Nonland Surplus Property                      -                       287,523             287,523

                        Total - Infrastructure

                        Maintenance                             42,319,590         534,167             42,853,757

                                    Grand Total –

                                    Transportation               311,924,072       38,828,560      350,752,632

Statewide Totals        

            General Revenues                            3,142,080,062   (41,871,330)        3,100,208,732

            Federal Funds                                 1,979,496,133      78,594,472        2,058,090,605        Restricted Receipt Funds                   109,999,095       8,003,823        118,002,918          

            Other Funds                                    1,118,331,953       222,234,132     1,340,566,085

                        Statewide Grand Total         6,349,907,243       266,961,097    6,616,868,340

 

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

 

SECTION 3. Section 11 of Article 1 of Chapter 117 of the Public Laws of 2005 authorizes the reappropriation of any unexpended funds from the Rhode Island Capital Plan Fund for the purposes for which they were originally appropriated.  The following is a listing of those projects completed in FY 2005 for which reappropriated funds are no longer required.  The amounts listed are hereby withdrawn and the State Controller is authorized to return these funds to the Rhode Island Capital Plan Fund.

                                                FY 2006           FY 2006           FY 2006

RICAP Project                         Enacted                        Balance Forward           Final

Atomic Energy – Reactor Walls Painting       0                      1,500                     0

Education – Davies Roof Repair                    0                      5,045                     0

Corrections – Correctional Industries Roof     0                      5,926                     0

DCYF – Spurwink/RI                                   0                      281                        0

Judicial – Murray Judicial Complex                0                      3,379                     0

 

SECTION 4.  (a) The general assembly authorizes the state controller to establish the internal service accounts shown below, and no other, to finance and account for the operations of state agencies that provide services to other agencies, institutions and other governmental units on a cost reimbursed basis.  The purpose of these accounts is to ensure that certain activities are managed in a businesslike manner, promote efficient use of services by making agencies pay the full costs associated with providing the services, and allocate the costs of central administrative services across all fund types, so that federal and other nongeneral fund programs share in the costs of general government support.  The controller is authorized to reimburse these accounts for the cost of work or services performed for any other department or agency subject to the following expenditure limitations:

                                                                        FY 2006          FY 2006          FY 2006

                        Account                                   Enacted           Change            Final

State Assessed Fringe Benefit Internal

                        Service Account                        34,134,366         (4,231,111)        29,903,255

Administration Central Utilities Internal

                        Service Account                        18,281,440         10,104               18,291,544

State Information Processing Internal

                        Service Account                        15,055,779         325,306             15,381,085

State Central Mail Internal Service Account        5,198,540          (7,088)              5,191,452

State Telecommunications Internal Service

                        Account                                    2,639,558          (396,927)          2,242,631

State Automotive Fleet Internal Service Account 13,463,673         1,322,372          14,786,045

State Surplus Property Internal Service Account 35,000               0                      35,000

Capitol Police Internal Service Account              479,359             55,778               535,137

Health Insurance Internal Service Fund              0                      222,760,927   222,760,927

MHRH Central Pharmacy Internal Service

                        Account                                    10,297,692         (2,926)              10,294,766

MHRH Laundry Services Internal Service

                        Account                                    1,299,417          34,483               1,333,900

Corrections General Services & Warehouse

                        Internal Service Account           6,161,370          (56,515)            6,104,855

Corrections Howard Center Telephone Operations

                        Internal Service Acct.                890,536             (168,807)          721,729

Correctional Industries Internal Service Account 6,508,643          292,405             6,801,048

Secretary of State Record Center Internal

                        Service Account                        1,099,918          17,342               1,117,260

(b) The Governor shall include as part of the FY 2007 budget, a description of these accounts, their purposes, and the efficacy of continuing them.      

 

SECTION 5.  Appropriation of Lottery Division Funds – There is hereby appropriated to the Lottery Division any funds required to be disbursed by the Lottery Division for the purposes of awarding winnings for the fiscal year ending June 30, 2006.

 

SECTION 6.  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.  Provided, however, that the Governor or designee, Speaker of the House of Representatives or designee, and 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, the chairman of the Senate Finance Committee, the House Fiscal Advisor and the Senate Fiscal Advisor.

 

FTE POSITION AUTHORIZATION

 

Departments and Agencies                                                                    Full-Time Equivalent

Administration                                                                                       1,200.4 1,269.9

Business Regulation                                                                               110.0

Labor and Training                                                                                512.7  510.7

Legislature                                                                                            289.0

Lieutenant Governor General                                                                 10.0

Secretary of State                                                                                 59.0

General Treasurer                                                                                 87.5

Boards for Design Professionals                                                             4.0

Board of Elections                                                                                 15.0

Rhode Island Ethics Commission                                                            12.0

Office of the Governor                                                                          48.5 49.5

Public Utilities Commission                                                                    46.0 

Rhode Island Commission on Women                                                     1.0

Children, Youth, and Families                                                                 849.8

Elderly Affairs                                                                                      52.0

Health                                                                                                  499.4

Human Services                                                                                    1,174.4 1,173.4

Mental Health, Retardation, and Hospitals                                               1,992.7

Office of the Child Advocate                                                                 5.8 6.1

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

Office of the Mental Health Advocate                                                    3.7

Elementary and Secondary Education                                                     339.1

Office of Higher Education                                                                    23.0

Provided that 1.0 of the total authorization would be available only for a position that is supported by third-party funds.

University of Rhode Island                                                                     2,561.6

Provided that 602.0 of the total authorization would be available only for positions that are supported by third-party funds.

Rhode Island College                                                                             941.2

Provided that 82.0 of the total authorization would be available only for positions that are supported by third-party funds.

Community College of Rhode Island                                                       848.9

Provided that 100.0 of the total authorization would be available only for positions that are supported by third-party funds.

Rhode Island Council on the Arts                                                           8.0

RI Atomic Energy Commission                                                             8.6

Higher Education Assistance Authority                                                   46.0

Historical Preservation and Heritage Commission                                    17.6

Public Telecommunications Authority                                                     22.0

Office of the Attorney General                                                               234.5

Corrections                                                                                           1,589.0

Judicial                                                                                                 742.0

Military Staff                                                                                         103.0 105.0

E-911 Emergency Telephone System                                                      53.6

Fire Safety Code Bd. of Appeal and Review                                           3.0

RI State Fire Marshal                                                                            38.0

Commission on Judicial Tenure and Discipline                                         1.0

Rhode Island Justice Commission                                                           9.0 8.5

Municipal Police Training Academy                                                        4.0

State Police                                                                                           282.0

Office of the Public Defender                                                                93.5

Environmental Management                                                                   531.3

Coastal Resources Management Council                                                30.0

Water Resources Board                                                                        9.0

Transportation                                                                                       810.7  809.7

                                                            Total                             16,349.1                 16,417.4

 

SECTION 7. This article shall take effect upon passage.

 

 

ARTICLE 4 SUBSTITUTE A

 

RELATING TO 911 EMERGENCY TELEPHONE SYSTEM SURCHARGE

 

SECTION 1.  Section 39-21.1-14 of the General Laws in Chapter 39-21.1 entitled “911 Emergency Telephone Number Act” is hereby amended to read as follows:

 

39-21.1-14. Funding. – (a) A monthly surcharge of one dollar ($1.00) is hereby levied upon each residence and business telephone line or trunk or path and data, telephony, Internet, Voice Over Internet Protocol (VoIP) wireline, line, trunk or path in the state including PBX trunks and centrex equivalent trunks and each line or trunk serving, and upon each user interface number or extension number or similarly identifiable line, trunk, or path to or from a digital network (such as, but not exclusive of, integrated services digital network (ISDN), Flexpath or comparable digital private branch exchange, or connecting to or from a customer-based or dedicated telephone switch site (such as, but not exclusive of, a private branch exchange (PBX)), or connecting to or from a customer-based or dedicated central office (such as, but not exclusive of, a centrex system but exclusive of trunks and lines provided to wireless communication companies) that can access to, connect with or interface with the Rhode Island E-911 Uniform Emergency Telephone System (RI E-911). The surcharge shall be billed by each telecommunication services provider at the inception of services and shall be payable to the telecommunication services provider by the subscriber of the services. A monthly surcharge of one dollar ($1.00) is hereby levied effective July 1, 2002, on each wireless instrument, device or means including prepaid, cellular, telephony, Internet, Voice Over Internet Protocol (VoIP), satellite, computer, radio, communication, data or data only wireless lines or any other wireless instrument, device or means which has access to, connects with, or activates or interfaces or any combination thereof with the E 9-1-1 Uniform Emergency Telephone System. The surcharge shall be in addition to the surcharge collected under § 39-1-62 and shall be billed by each telecommunication services provider and shall be payable to the telecommunication services provider by the subscriber or prepaid services customer. The E-911 Uniform Emergency Telephone System shall establish, by rule or regulation an appropriate funding mechanism to recover from the general body of ratepayers this surcharge.

(b) The amount of the surcharge shall not be subject to the tax imposed under chapter 18 of title 44 nor be included within the telephone common carrier's gross earnings for the purpose of computing the tax under chapter 13 of title 44.

(c) Each telephone common carrier and each telecommunication services provider shall establish a special account to which it shall deposit on a monthly basis the amounts collected as a surcharge under this section.

(d) The money collected by each telecommunication services provider shall be transferred within sixty (60) days after its inception of wireline, wireless, prepaid, cellular, telephony, Voice Over Internet Protocol (VoIP), satellite, computer, Internet, or communications services in this state and every month thereafter, to the general treasury division of taxation, together with the accrued interest and shall be deposited in the general fund as general revenue. Any money not transferred in accordance with this paragraph shall be assessed interest at eight percent (8%) per annum from the date the money should have been transferred.

(e) Every billed subscriber-user shall be liable for any surcharge imposed under this section until it has been paid to the telephone common carrier or telecommunication services provider. Any surcharge shall be added to and may be stated separately in the billing by the telephone common carrier or telecommunication services provider and shall be collected by the telephone common carrier or telecommunication services provider.

(f) Each telephone common carrier and telecommunication services provider shall annually provide the E 9-1-1 uniform emergency telephone system division or any other agency that may replace it, with a list of amounts uncollected together with the names and addresses of its subscriber-users who can be determined by the telephone common carrier or telecommunication services provider to have not paid the surcharge.

(g) Included within, but not limited to, the purposes for which the money collected may be used are rent, lease, purchase, improve, construct, maintenance, repair, and utilities for the equipment and site or sites occupied by the E 9-1-1 uniform emergency telephone system; salaries, benefits, and other associated personnel costs; acquisition, upgrade or modification of PSAP equipment to be capable of receiving E 9-1-1 information, including necessary computer hardware, software, and data base provisioning, addressing, and non-recurring costs of establishing emergency services; network development, operation and maintenance; data-base development, operation, and maintenance; on-premise equipment maintenance and operation; training emergency service personnel regarding use of E 9-1-1; educating consumers regarding the operations, limitations, role and responsible use of E 9-1-1; reimbursement to telephone common carriers or telecommunication services providers of rates or recurring costs associated with any services, operation, administration or maintenance of E 9-1-1 services as approved by the division; reimbursement to telecommunication services providers or telephone common carriers of other costs associated with providing E 9-1-1 services, including the cost of the design, development, and implementation of equipment or software necessary to provide E 9-1-1 service information to PSAP's, as approved by the division.

(h) [Deleted by P.L. 2000, ch. 55, art. 28, § 1.]

(i) Nothing in this section shall be construed to constitute rate regulation of wireless communication services carriers, nor shall this section be construed to prohibit wireless communication services carriers from charging subscribers for any wireless service or feature.

(j) State, local and quasi-governmental agencies shall be exempt from the surcharge.

 

SECTION 2. Section 39-1-61 of the General Laws in Chapter 39-1 entitled "Public Utilities Commission" is hereby amended to read as follows:

 

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) "Division" means the Division of Public Utilities and Carriers.

 (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 division 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 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 department of elementary and secondary education 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 chapter 18 of title 44 nor be included within the gross earnings of the telecommunications corporation providing telecommunications service for the purpose of computing the tax under chapter 13 of title 44.

 (e) Administration. - The division, with input from the department, shall administer the telecommunications education access fund consistent with the requirements of the Universal Service (E-Rate) program. The division of taxation shall collect from the telecommunications service providers the amounts of the surcharge collected from their subscribers. The department, with the approval of the division, 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 division's directives. Unsuccessful bids may be appealed to the division. The division 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, P.L. 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 3. Section 39-1-62 of the General Laws in Chapter 39-1 entitled "Public Utilities Commission" is hereby amended to read as follows:

 

39-1-62. E-911 Geographic Information System (GIS) and Technology Fund. [Repealed effective June 30, 2007.] -- (a) Preamble. - To allow the Rhode Island E-911 Emergency Telephone System agency to associate latitude and longitude coordinates provided by wireless carriers with physical locations throughout the state, the agency must establish and maintain a GIS database of street addresses and landmarks. The database will allow local emergency response personnel to dispatch police, fire and rescue personnel to a specific address or landmark of a cellular caller in the event the caller is unaware of his or her location, or is physically unable to communicate it. Because more than half of the 530,000 9-1-1 phone calls received in 2003 came from cellular phones, it is critical that the GIS database be developed and maintained in order to improve caller location identification and reduce emergency personnel response times.

 (b) Definitions. - As used in this section, the following terms have the following meanings:

 (1) "System" means Emergency 911 Uniform Telephone System.

 (2) "Agency" means Rhode Island 911 Emergency Telephone System.

 (3) "Division" means the Division of Public Utilities and Carriers.

 (4) "GIS and Technology Fund" means the programs and funding made available to the Emergency 911 Uniform Telephone System to assist in paying the costs of the GIS database development project and GIS systems maintenance, which will enable the system to locate cellular phone callers by geocoding all addresses and landmarks in cities and towns throughout the state. It also includes programs to create system redundancy and maintain state-of-the-art equipment technology.

 (c) Purpose. - The purpose of the GIS and Technology Fund shall be to:

 (1) Implement and maintain a geographic information system database to assist in locating wireless phone callers for emergency purposes in a manner consistent and in coordination with the Rhode Island geographic information system administered by the Division of Planning as provided for in section 42-11-10(g)(3); and

 (2) Create system redundancy to ensure the reliability of 9-1-1 service to the public; and

 (3) Maintain state-of-the-art equipment technology.

 (d) Authority. - The agency shall establish, by rule or regulation, an appropriate funding mechanism to recover from the general body of ratepayers the costs of funding GIS and technology projects.

 (1) The general assembly shall determine the amount of a monthly surcharge to be levied upon each wireless instrument, device or means including prepaid, cellular, telephony, Internet, Voice Over Internet Protocol (VoIP), satellite, computer, radio, communication, data, or any other wireless instrument, device or means that has access to, connects with, interfaces with or is capable of delivering two-way interactive communications services to the Rhode Island E-911 Uniform Emergency Telephone System. The agency will provide the general assembly with information and recommendations regarding the necessary level of funding to effectuate the purposes of this article. The surcharge shall be billed monthly by each wireless telecommunications services provider as defined in section 39-21.1-3 and shall be payable to the wireless telecommunications services provider by the subscriber or prepaid service customer of the telecommunications services. Each telecommunication services provider shall establish a special (escrow) account to which it shall deposit on a monthly basis the amounts collected as a surcharge under this section. The money collected by each wireless telecommunication services provider shall be transferred within sixty (60) days after its inception of wireless, prepaid, cellular, telephony, Voice Over Internet Protocol (VoIP), satellite, computer, Internet, or communications, information or data services in this state and every month thereafter. Any money not transferred in accordance with this paragraph shall be assessed interest at eight percent (8%) per annum from the date the money should have been transferred. 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 agency and known as the GIS and Technology Fund, to pay any and all costs associated with the provisions of subsection (c). The amount of the surcharge under this section shall not exceed thirty-five cents ($.35) per wireless phone.

 (2) The surcharge is hereby determined to be twenty-six cents ($.26) per wireless phone, prepaid, cellular, telephony, Voice Over Internet Protocol (VoIP), satellite, computer, data or data only wireless lines or Internet communication or data instrument, device or means which has access to, connects with, activates or interfaces with or any combination of the above with the Rhode Island E-911 Uniform Emergency Telephone System per month and shall be in addition to the wireless surcharge charged under section 39-21.1-14. The twenty-six cents ($.26) is to be billed to all wireless telecommunication service providers, subscribers or prepaid service customers upon the inception of services.

 (3) The amount of the surcharge shall not be subject to the sales and use tax imposed under chapter 18 of title 44 nor be included within the gross earnings of the telecommunications corporation providing telecommunications service for the purpose of computing the tax under chapter 13 of title 44.

 (4) With respect to prepaid wireless telecommunication service providers and customers, and notwithstanding anything to the contrary contained in this section, the surcharge shall be collected and remitted to the agency division of taxation by the prepaid wireless telecommunication service provider under one of three methods:

 (i) The prepaid wireless telecommunication service provider shall collect the surcharge, on a monthly basis, from each active prepaid wireless telecommunication service customer whose account balance is equal to or greater than the amount of the service charge; or

 (ii) The prepaid wireless telecommunication service provider shall collect the surcharge, on a monthly basis, at the point of sale; or

 (iii) The prepaid wireless telecommunication service provider shall divide the total earned prepaid wireless telephone revenue received by the prepaid wireless telecommunication service provider within the monthly reporting period by fifty dollars ($50.00), and multiply the quotient by the amount of the surcharge.

 The surcharge amount or an equivalent number of air-time minutes may be reduced from a prepaid wireless telecommunication service customer's account when direct billing is not possible.

 (e) Administration. - The agency division of taxation shall collect monthly from the wireless telecommunications service providers as defined in section 39-21.1-3 the amounts of the surcharge collected from their subscribers or prepaid customers. The agency division of taxation shall deposit such collections in an account maintained and administered by the Rhode Island 911 Emergency Telephone System for use in developing and maintaining the geographic information system database, creating system redundancy, and improving equipment technology. The agency is further authorized and encouraged to seek matching funds from all local, state, and federal public or private entities and shall coordinate its activities and share all information with the state Division of Planning.

 (f) The effective date of assessment for the GIS and Technology Fund shall be July 1, 2004.

 (g) Nothing in this section shall be construed to constitute rate regulation of wireless communications services carriers, nor shall this section be construed to prohibit wireless communications services carriers from charging subscribers for any wireless service or feature.

 (h) Except as otherwise provided by law, the agency shall not use, disclose or otherwise make available call location information for any purpose other than as specified in subsection (c).

 (i) The attorney general shall, at the request of the E-911 uniform emergency telephone system division, or any other agency that may replace it, or on its own initiative, commence judicial proceedings in the superior court against any telecommunication services provider as defined in section 39-21.1-3(11) providing communication services to enforce the provisions of this chapter.

 

SECTION 4.  Subsection (j) of Section 1 of this article shall take effect as of July 1, 2005. The remainder of this article shall take effect upon passage.

 

 

ARTICLE 5 SUBSTITUTE A AS AMENDED

 

RELATING TO CAPITAL DEVELOPMENT PROGRAM

 

SECTION 1.  Proposition to be submitted to the people. -- At the general election to be held on the Tuesday next after the first Monday in November 2006, there shall be submitted to the people for their approval or rejection the following proposition:

"Shall the action of the general assembly, by an act passed at the January 2006 session, authorizing the issuance of bonds, refunding bonds, and temporary notes of the state for the capital projects and in the amount with respect to each such project listed below be approved, and the issuance of bonds, refunding bonds, and temporary notes authorized in accordance with the provisions of said act?"

 Project

 (1) Higher Education                                                           $72,790,000

Approval of this question will allow for the State of Rhode Island to issue general obligation bonds, refunding bonds, and temporary notes in an amount not to exceed $65,000,000 for the construction of a new college of pharmacy building at the University of Rhode Island and $7,790,000 for renovations to the former Department of Children, Youth and Families facilities at Rhode Island College.

(2) Transportation                                                                $88,500,000

Approval of this question will allow for the State of Rhode Island to issue general obligation bonds, refunding bonds, and temporary notes in an amount not to exceed $80,000,000 to match federal funds, provide direct funding for improvements to the state's highways, roads and bridges; $7,000,000 to provide funding for commuter rail, and $1,500,000 to purchase and/or rehabilitate buses for the Rhode Island Public Transit Authority's bus fleet.

(3) Roger Williams Park Zoo                                                $11,000,000

Approval of this question will allow for the State of Rhode Island to issue general obligation bonds, refunding bonds, and temporary notes in an amount not to exceed $11,000,000 for improvements to the Roger Williams Park Zoo in Providence.

(4) Fort Adams State Park Recreation and Restoration            $4,000,000

Approval of this question will allow for the State of Rhode Island to issue general obligation bonds, refunding bonds, and temporary notes in an amount not to exceed $4,000,000 for improvements to the Fort Adams State Park in Newport.

 (5) Department of Environmental Management                       $3,000,000

Approval of this question will allow for the State of Rhode Island to issue general obligation bonds, refunding bonds, and temporary notes in an amount not to exceed $3,000,000 for the Local Recreation Development Program.

(6) Affordable Housing                                                         $50,000,000

Approval of this question will allow for the State of Rhode Island to issue general obligation bonds, refunding, bonds, and temporary notes in an amount not to exceed $50,000,000 for affordable housing.

 

SECTION 2.  Ballot labels and applicability of general election laws. -- The secretary of state shall prepare and deliver to the state board of elections ballot labels for each of the projects provided for in section 1 hereof with the designations "approve" or "reject" provided next to the description of each such project to enable voters to approve or reject each such proposition.  The general election laws, so far as consistent herewith, shall apply to this proposition.

 

SECTION 3.  Approval of projects by people. -- If a majority of the people voting on the proposition provided for in section 1 hereof shall vote to approve the proposition as to any project provided for in section 1 hereof, said project shall be deemed to be approved by the people.  The authority to issue bonds, refunding bonds and temporary notes of the state shall be limited to the aggregate amount for all such projects as set forth in the proposition provided for in section 1 hereof which has been approved by the people.

 

SECTION 4.  Bonds for capital development program. -- The general treasurer is hereby authorized and empowered with the approval of the governor and in accordance with the provisions of this act, to issue from time to time capital development bonds in serial form in the name and on behalf of the state in amounts as may be specified from time to time by the governor in an aggregate principal amount not to exceed the total amount for all projects approved by the people and designated as "capital development loan of 2006 bonds" provided, however, that the aggregate principal amount of such capital development bonds and of any temporary notes outstanding at any one time issued in anticipation thereof pursuant to section 7 hereof shall not exceed the total amount for all such projects as have been approved by the people. All provisions in this act relating to "bonds" shall also be deemed to apply to "refunding bonds".

Capital development bonds issued under this act shall be in denominations of one thousand dollars ($1,000) each, or multiples thereof, and shall be payable in any coin or currency of the United States which at the time of payment shall be legal tender for public and private debts.  These capital development bonds shall bear such date or dates, mature at specified time or times, but not beyond the end of the twentieth state fiscal year following the state fiscal year in which they are issued, bear interest payable semi-annually at a specified rate or different or varying rates, be payable at designated time or times at specified place or places, be subject to expressed terms of redemption or recall, with or without premium, be in a form, with or without interest coupons attached, carry such registration, conversion, reconversion, transfer, debt retirement, acceleration and other provisions as may be fixed by the general treasurer, with the approval of the governor, upon each issue of such capital development bonds at the time of each issue.  Whenever the governor shall approve the issuance of such capital development bonds, he or she shall certify approval to the secretary of state; the bonds shall be signed by the general treasurer and countersigned by the manual or facsimile signature of the secretary of state and shall bear the seal of the state or a facsimile thereof.  The approval of the governor shall be endorsed on each bond so approved with a facsimile of his or her signature.

 

SECTION 5.  Refunding bonds for 2006 capital development program. -- The general treasurer is hereby authorized and empowered, with the approval of the governor and in accordance with the provisions of this act, to issue from time to time bonds to refund the 2006 capital development program bonds in the name and on behalf of the state, in amounts as may be specified from time to time by the governor in an aggregate principal amount not to exceed the total amount approved by the people, to be designated as "capital development program loan of 2006 refunding bonds" (hereinafter "refunding bonds").

The general treasurer with the approval of the governor shall fix the terms and form of any refunding bonds issued under this act in the same manner as the capital development bonds issued under this act, except that the refunding bonds may not mature more than twenty (20) years from the date of original issue of the capital development bonds being refunded.

The proceeds of the refunding bonds, exclusive of any premium and accrual interest and net  the underwriters’ cost, and cost of bond insurance, shall, upon their receipt, be paid by the general treasurer immediately to the paying agent for the capital development bonds which are to be called and prepaid. The paying agent shall hold the refunding bond proceeds in trust until they are applied to prepay the capital development bonds. While such proceeds are held in trust, they may be invested for the benefit of the state in obligations of the United States of America or the State of Rhode Island.

If the general treasurer shall deposit with the paying agent for the capital development bonds the proceeds of the refunding bonds or proceeds from other sources amounts that, when invested in obligations of the United States or the State of Rhode Island, are sufficient to pay all principal, interest, and premium, if any, on the capital development bonds until these bonds are called for prepayment, then such capital development bonds shall not be considered debts of the State of Rhode Island for any purpose from the date of deposit of such moneys with the paying agent.  The refunding bonds shall continue to be a debt of the state until paid.

The term "bond" shall include "note", and the term "refunding bonds" shall include "refunding notes" when used in this act.

 

SECTION 6.  Proceeds of capital development program. -- The general treasurer is directed to deposit the proceeds from the sale of capital development bonds issued under this act, exclusive of accrued interest and net of the underwriters’ cost, and cost of bond insurance, in one or more of the depositories in which the funds of the state may be lawfully kept in special accounts (hereinafter cumulatively referred to as "such capital development bond fund") appropriately designated for each of the projects set forth in section 1 hereof which shall have been approved by the people to be used for the purpose of paying the cost of all such projects so approved.

All monies in the capital development bond fund shall be expended for the purposes specified in the proposition provided for in section 1 hereof under the direction and supervision of the director of administration (hereinafter referred to as "director").  The director or his or her designee shall be vested with all power and authority necessary or incidental to the purposes of this act, including but not limited to, the following authority:  (a) to acquire land or other real property or any interest, estate or right therein as may be necessary or advantageous to accomplish the purposes of this act; (b) to direct payment for the preparation of any reports, plans and specifications, and relocation expenses and other costs such as for furnishings, equipment designing, inspecting and engineering, required in connection with the implementation of any projects set forth in section 1 hereof; (c) to direct payment for the costs of construction, rehabilitation, enlargement, provision of service utilities, and razing of facilities, and other improvements to land in connection with the implementation of any projects set forth in section 1 hereof; and (d) to direct payment  for the cost of equipment, supplies, devices, materials and labor for repair, renovation or conversion of systems and structures as necessary for 2006 capital development program bonds or notes hereunder from the proceeds thereof.  No funds shall be expended in excess of the amount of the capital development bond fund designated for each project authorized in section 1 hereof. With respect to the bonds and temporary notes described in section 1, the proceeds shall be utilized for the following purposes:

Question 1 relating to bonds in the amount of $72,790,000 for Higher Education shall be allocated as follows:

(a) College of Pharmacy building at the University of Rhode Island          $65,000,000

(b) DCYF Facilities Phase III at Rhode Island College                            $7,790,000

Question 2 relating to bonds in the amount of $88,500,000 for transportation purposes shall be allocated as follows:

(a) Highway improvement program                                                        $80,000,000

Provide funds for the Department of Transportation to match federal funds or to provide direct funding for improvements to the state's highways, roads and bridges.

(b) Commuter Rail                                                                                 $7,000,000

Provide funds for the Department of Transportation to match federal funds or to provide direct funding for commuter rail.

(c) Bus replacement/Rehabilitation                                                         $1,500,000

Provide funds for the Rhode Island Public Transit Authority to purchase new buses or for rehabilitation of existing buses in the bus fleet.

Question 3 relating to bonds in the amount of $11,000,000 to be provided by the  Department of Environmental Management to the Roger Williams Park Zoo to be used with other federal, state and private funds for upgrades and development of exhibits and facilities at the zoo.

Question 4 relating to bonds in the amount of $4,000,000 to be provided by the Department of Environmental Management for the Fort Adams State Park. The allocation shall be as follows:  approximately $2,000,000 for recreation and approximately $2,000,000 for restoration.

Question 5 relating to bonds in the amount of $3,000,000 to be provided to the Department of Environmental Management for the Local Recreation Development to provide funding assistance for local communities to develop, acquire, or renovate recreation facilities.

Question 6 relating to bonds in the amount of $50,000,000 to be provided to the Housing Resources Commission to provide funding for affordable housing. The allocation shall be as follows: $12,500,000 per year for four (4) years (total $50,000,000) to provide state matching funds: $40,000,000 for deferred payment loans to developers of affordable housing rental units and $10,000,000 for the development of homeowner units.

 

SECTION 7. Sale of bonds and notes. -- Any bonds or notes issued under the authority of this act shall be sold from time to time at not less than the principal amount thereof, in such mode and on such terms and conditions as the general treasurer, with the approval of the governor, shall deem to be for the best interests of the state.

Any premiums and accrued interest, net of the cost of bond insurance and underwriters discount, that may be received on the sale of the capital development bonds or notes shall become part of the general fund of the state and shall be applied to the payment of debt service charges of the state.

In the event that the amount received from the sale of the capital development bonds or notes exceeds the amount necessary for the purposes stated in section 6 hereof, the surplus may be used to the extent possible to retire the bonds as the same may become due, to redeem them in accordance with the terms thereof or otherwise to purchase them as the general treasurer, with the approval of the governor, shall deem to be for the best interests of the state.

Any bonds or notes issued under the provisions of this act and coupons on any capital development bonds, if properly executed by the manual or facsimile signatures of officers of the state in office on the date of execution shall be valid and binding according to their tenor, notwithstanding that before the delivery thereof and payment therefor, any or all such officers shall for any reason have ceased to hold office.

 

SECTION 8. Bonds and notes to be tax exempt and general obligations of the state. -- All bonds and notes issued under the authority of this act shall be exempt from taxation in the state and shall be general obligations of the state, and the full faith and credit of the state is hereby pledged for the due payment of the principal and interest on each of such bonds and notes as the same shall become due.

 

SECTION 9. Investment of moneys in fund. -- All moneys in the capital development fund not immediately required for payment pursuant to the provisions of this act may be invested by the investment commission, as established by Chapter 35-10, pursuant to the provisions of such chapter; provided, however, that the securities in which the capital development fund is invested shall remain a part of the capital development fund until exchanged for other securities; and provided further, that the income from investments of the capital development fund shall become a part of the general fund of the state and shall be applied to the payment of debt service charges of the state, or to the extent necessary, to rebate to the United States treasury any income from investments (including gains from the disposition of investments) of proceeds of bonds or notes to the extent deemed necessary to exempt (in whole or in part) the interest paid on such bonds or notes from federal income taxation.

 

SECTION 10. Appropriation. -- To the extent the debt service on these bonds is not otherwise provided, a sum sufficient to pay the interest and principal due each year on bonds and notes hereunder is hereby annually appropriated out of any money in the treasury not otherwise appropriated.

 

SECTION 11. Advances from general fund. -- The general treasurer is authorized from time to time with the approval of the director and the governor, in anticipation of the issue of notes or bonds under the authority of this act, to advance to the capital development bond fund for the purposes specified in section 6 hereof, any funds of the state not specifically held for any particular purpose; provided, however, that all advances made to the capital development bond fund shall be returned to the general fund from the capital development bond fund forthwith upon the receipt by the capital development fund of proceeds resulting from the issue of notes or bonds to the extent of such advances.

 

SECTION 12. Federal assistance and private funds. -- In carrying out this act, the director, or his or her designee, is authorized on behalf of the state, with the approval of the governor, to apply for and accept any federal assistance which may become available for the purpose of this act, whether in the form of loan or grant or otherwise, to accept the provision of any federal legislation therefor, to enter into, act and carry out contracts in connection therewith, to act as agent for the federal government in connection therewith, or to designate a subordinate so to act.  Where federal assistance is made available, the project shall be carried out in accordance with applicable federal law, the rules and regulations thereunder and the contract or contracts providing for federal assistance, notwithstanding any contrary provisions of state law.  Subject to the foregoing, any federal funds received for the purposes of this act shall be deposited in the capital development bond fund and expended as a part thereof.  The director or his or her designee may also utilize any private funds that may be made available for the purposes of this act.

 

SECTION 13. Effective Date.   Sections 1, 2, 3, 11, and 12 of this article shall take effect upon passage. The remaining sections of this article shall take effect when and if the state board of elections shall certify to the secretary of state that a majority of the qualified electors voting on the propositions contained in section 1 hereof have indicated their approval of all or any projects thereunder.

 

 

ARTICLE 6 SUBSTITUTE A

 

RELATING TO BOND PREMIUMS

 

SECTION 1.  Section 6 of Chapter 289 of the Public Laws, enacted in Article III of 86-A 2838A.  Approved on Jun. 25, 1986, is hereby amended to read as follows: 

SECTION 6.  Proceeds of bonds and notes to be deposited in the Rhode Island clean water act environmental trust fund program.  --  (a) As such funds are needed, the general treasurer is directed to deposit the proceeds from the sale of such environmental bonds, exclusive of premiums and accrued interest and net of the underwriter cost, and cost of bond insurance, in one of more of the depositories in which the funds of the state may be lawfully kept in such special accounts (hereinafter cumulatively referred to as “such  Rhode Island Clean Water Act Environmental Trust Fund”) as established by section 46-12-24.2 and to be used for the purposes specified in section 46-12-24.2.

(b) All proceeds of bonds and notes not immediately required for deposit into such Rhode Island Clean Water Act Environmental Trust Fund may be invested by the investment commission, as established by chapter 35-10 of the general laws, pursuant to the provisions of such chapter; provided, however, that the securities in which such fund is invested shall remain a part of such fund until exchanged for other securities, and provided further that the income from such investments made pursuant to this subsection shall become part of the general fund of the state and shall be applied to the payment of debt service charges of the state, unless prohibited by applicable federal law.

SECTION 2.  Section 6 of Chapter 425 of the Public Laws, enacted in Article I of 87-H 7247 as amended, and approved on Jun. 30, 1987 is hereby amended to read as follows:

SECTION 6. Proceeds of open space and recreational area bonds. – (a) The general treasurer is directed to deposit the proceeds from the sale of open space and recreational area bonds, exclusive of premiums and accrued interest and net of the underwriters cost, and cost of bond insurance, in one or more of the depositories in which the funds of the state may lawfully be kept in appropriately designated special accounts (hereinafter cumulatively referred to as “such open space and recreational area bond funds”), to be used for the purposes and in the manner set forth in this section.

(b) Up to forty-five million dollars ($45,000,000.00) of such open space and recreational area bond funds are hereby allocated for grants to the cities and towns, to be administered by the director of environmental management to be used:

(1) to purchase fee simple title or development rights to open spaces, coastal flood-prone areas and public recreational areas, and

(2) for the improving and restoration of public recreational areas.  Fifty percent (50%) of the aforementioned sums shall be allocated to the cities and towns in the form of grants in the furtherance of section 6(b)(1) and shall be equal to seventy five percent (75%) of the cost of any such purchase of fee simple or development rights.  All funds allocated for grants under this subsection must be obligated for grants no later than three years from the date of voter approval for the referendum authorized in section 1 of this act.  All funds authorized but not obligated on that date shall revert to the control of the director of environmental management for use in the furtherance of the purposes contained in section 6(b)(1).  Forty percent (40%) of said funds shall be allocated to the cities and towns in the form of grants in the furtherance of section 6(b)(2) and shall be equal to fifty percent (50%) of the cost of any improvements and restoration.  The remaining ten percent (10%) of said funds shall be used to carry out the provisions of section 6(b)(1) or section 6(b)(2) so as to make it possible under certain circumstances, including the financial ability of a community, to fund any such program up to a one hundred percent (100%) grant.  The director shall establish guidelines for the allocation of funds under 6(b).

(c) Up to fifteen million dollars ($15,000,000.00) of such open space and recreational area bonds are hereby allocated to the department of environmental management to be used to purchase fee simple or development rights for the preservation of open spaces and rehabilitation of state owned recreation areas.  Priority shall be given to preserving those lands that either service or are accessible to people living in the more densely populated areas of the state.  Not more than five million dollars ($5,000,000.00) of said funds shall be utilized for the rehabilitation of state owned recreation areas.  Said funds shall be utilized to allow private land trusts to apply for and receive funds equal to seventy-five percent (75%) of the cost of any purchase.

(d) Up to five million two hundred dollars ($5,200,000.00) of such open space and recreational area bonds are hereby allocated for the restoration or rehabilitation of the following parks which shall be carried out pursuant to any applicable master plan dealing with the restoration of historic landscape in order to maintain the landscape architectural integrity of these parks.

(1) Three million dollars ($3,000,000.00) for the restoration of Roger Williams Park;

(2) Two hundred thousand dollars ($200,000) for restoration of Jenks Park in Central Falls;

(3) Four hundred thousand dollars ($400,000) for restoration of Slater Park in Pawtucket;

(4) Two hundred thousand dollars ($200,000) for rehabilitation of Cold Spring Park in Woonsocket;

(5) Eight hundred thousand dollars ($800,000) for rehabilitation of City Park in the City of Warwick; and

(6) Two hundred fifty thousand dollars ($250,000) for the rehabilitation of Carousel Park in East Providence

(7) Two hundred fifty thousand dollars ($250,000) for the rehabilitation of Freebody Park and Miantonomi Park in the city of Newport;

(8) One hundred thousand dollars ($100,000) for the rehabilitation of Wilcox Park in Westerly.

(e) Neither the director nor any municipality shall use such open space and recreational area bond funds to purchase title or development rights to any property whose natural condition is such that it can not be developed.

(f) The director shall pay the expense of issue for the open space and recreational area bonds or notes hereunder from the proceeds thereof.

(g) The state controller is hereby authorized and directed to draw orders upon the general treasurer for payment out of such open space and recreational area bond funds of such sum or sums as may be required from time to time, upon the receipt of properly authenticated vouchers approved by the director.

SECTION 3.  Section 7 of Chapter 434, of the Public Laws enacted in Article I of 90-H 9751A as amended, and approved on July 12, 1990 is hereby amended to read as follows:

SECTION 7.  Proceeds of capital development program. – The general treasurer is directed to deposit the proceeds from the sale of such capital development bonds, exclusive of premiums and accrued interest and net of the underwriters cost, and cost of bond insurance, in one or more of the depositories in which the funds of the state may be lawfully kept in such special accounts (hereinafter cumulatively referred to as “such capital development bond fund”) appropriately designated for each of such projects set forth in sections 1 and 2 hereof which shall have been approved by the people to be used for the purpose of paying the cost of all such projects so approved. 

All moneys in such capital development fund shall be expended for the purposes specified in the proposition provided for in sections 1 and 2 hereof under the direction and supervision of the director of administration (hereinafter referred to as “said director”); provided, however, with respect to the project regarding transportation, said director may delegate all of part of the authority hereunder granted to the director of transportation; said director or his delegate, as the case may be, shall be vested with all power and authority necessary or incidental to the purposes of this act, including where appropriate without limiting the generality of said authority, and only by way of illustration, the following authority:  (a) to acquire land or other real property or any interest, estate or right therein as may be necessary or advantageous to accomplish the purposes of this act; (b) to pay for the preparation of any reports, plans and specifications, and relocation expenses and other costs such as for furnishings, equipment designing, inspecting and engineering, required in connection with the implementation of any project set forth in sections 1 and 2 hereof; (c) to pay the costs of construction, rehabilitation, enlargement, provision of service utilities, and razing of facilities, and other improvements to land in connection with the implementation of any project set for in sections 1 and 2 hereof; and (d) to pay for the cost of equipment, supplies, devices, materials and labor for repair, renovation or conversion of systems and structures as necessary to implement any project set forth in sections 1 and 2 hereof; (e) to pay the expense of issue for such 1990 and 1992 capital development program bonds or notes hereunder from the proceeds thereof.

No more of such moneys in such capital development bond fund shall be expended for any such project than the total amount appearing next to the description of such project in the proposition provided for in sections 1 and 2 hereof.

The state controller is authorized and directed to draw his orders upon the general treasurer for payment out of such capital development bond fund of such sum or sums as may be required from time to time, upon receipt by him of properly authenticated vouchers approved by said director or his delegate as the case may be.

The powers and authorities granted by this act to said director or his delegate, as the case may be, shall be in addition to, and not in substitution for, all other power provided by law.

SECTION 4.  Section 7 of Chapter 70, of the Public Laws  enacted in Article VI of 94-H 9326A as amended, and approved on Jun. 22, 1994 is hereby amended to read as follows:

  SECTION 7. Proceeds of capital development program. -- The general treasurer is directed to deposit the proceeds from the sale of such capital development bonds, exclusive of premiums and accrued interest and net of the underwriters cost, and cost of bond insurance,  in one or more of the depositories in which the funds of the state may be lawfully kept in such special accounts (hereinafter cumulatively referred to as "such capital development bond fund") appropriately designated for each of such projects set forth in sections 1 and 2 hereof which shall have been approved by the people to be used for the purpose of paying the cost of all such projects so approved.

All monies in such capital development fund shall be expended for the purposes specified in the propositions provided for in sections 1 and 2 hereof under the direction and supervision of the director of administration (hereinafter referred to as "said director") said director or his delegate, as the case may be, shall be vested with all power and authority necessary or incidental to the purposes of this act, including where appropriate without limiting the generality of said authority, and only by way of illustration, the following authority: (a) to acquire land or other real property or any interest, estate or right therein as may be necessary or advantageous to accomplish the purposes of this act; (b) to pay for the preparation of any reports, plans and specifications, and relocation expenses and other costs such as for furnishings, equipment designing, inspecting and engineering, required in connection with the implementation of any projects set forth in sections 1 and 2 hereof; (c) to pay the costs of construction, rehabilitation, enlargement, provision of service utilities, and razing of facilities, and other improvements to land in connection with the implementation of any projects set forth in sections 1 and 2 hereof; and (d) to pay for the cost of equipment, supplies, devices, materials and labor for repair, renovation or conversion of systems and structures as necessary to issue for such 1994 and 1996 capital development program bonds or notes hereunder from the proceeds thereof.

No more of such monies in such capital development bond fund shall be expended for any such project than the total amount appearing next to the description of such project in the propositions provided for in sections 1 and 2 hereof.

The state controller is authorized and directed to draw his or her orders upon the general treasurer for payment out of such capital development bond fund of such sum or sums as may be required from time to time, upon receipt by him or her of properly authenticated vouchers approved by said director or his or her delegate as the case may be.

The powers and authorities granted by this act to said director or his or her delegate, as the case may be, shall be in addition to, and not in substitution for, all other power provided by law.

SECTION 5.  Section 6 of Chapter 31, of the Public Laws enacted in Article 5 of 98-H 8478A as amended, and approved on Jun. 25m 1998, is hereby amended to read as follows:

SECTION 6. Proceeds of capital development program. -- The general treasurer is directed to deposit the proceeds from the sale of such capital development bonds, exclusive of premiums and accrued interest and net of the underwriters cost, and cost of bond insurance, in one or more of the depositories in which the funds of the state may be lawfully kept in such special accounts (hereinafter cumulatively referred to as "such capital development bond fund") appropriately designated for each of such projects set forth in section 1 hereof which shall have been approved by the people to be used for the purpose of paying the cost of all such projects so approved.

All monies in such capital development fund shall be expended for the purposes specified in the propositions provided for in section 1 hereof under the direction and supervision of the director of administration (hereinafter referred to as "said director") said director or his delegate, as the case may be, shall be vested with all power and authority necessary or incidental to the purposes of this act, including where appropriate without limiting the generality of said authority, and only by way of illustration, the following authority: (a) to acquire land or other real property or any interest, estate or right therein as may be necessary or advantageous to accomplish the purposes of this act; (b) to pay for the preparation of any reports, plans and specifications, and relocation expenses and other costs such as for furnishings, equipment designing, inspecting and engineering, required in connection with the implementation of any projects set forth in section 1 hereof; (c) to pay the costs of construction, rehabilitation, enlargement, provision of service utilities, and razing of facilities, and other improvements to land in connection with the implementation of any projects set forth in section 1 hereof; and (d) to pay for the cost of equipment, supplies, devices, materials and labor for repair, renovation or conversion of systems and structures as necessary for such 1998 capital development program bonds or notes hereunder from the proceeds thereof.

No more of such monies in such capital development bond fund shall be expended for any such project than the total amount appearing next to the description of such project in the propositions provided for in section 1 hereof.

The state controller is authorized and directed to draw his or her orders upon the general treasurer for payment out of such capital development bond fund of such sum or sums as may be required from time to time, upon receipt by him or her of properly authenticated vouchers approved by said director or his or her delegate as the case may be.

The powers and authorities granted by this act to said director or his or her delegate, as the case may be, shall be in addition to, and not in substitution for, all other power provided by law.

SECTION 6. Section 6 of Chapter 55, of the Public Laws enacted in Article 5 of 2000-H 7862A as amended, and approved on Jun. 29, 2000 is hereby amended to read as follows:

SECTION 6. Proceeds of capital development program. -- The general treasurer is directed to deposit the proceeds from the sale of capital development bonds issued under this act, exclusive of premiums and accrued interest and net of the underwriters cost, and cost of bond insurance, in one or more of the depositories in which the funds of the state may be lawfully kept in special accounts (hereinafter cumulatively referred to as "such capital development bond fund") appropriately designated for each of the projects set forth in section 1 hereof which shall have been approved by the people to be used for the purpose of paying the cost of all such projects so approved.

All monies in the capital development fund shall be expended for the purposes specified in the proposition provided for in section 1 hereof under the direction and supervision of the director of administration (hereinafter referred to as "director"). The director or his delegate shall be vested with all power and authority necessary or incidental to the purposes of this act, including, but not limited to, the following authority: (a) to acquire land or other real property or any interest, estate or right therein as may be necessary or advantageous to accomplish the purposes of this act; (b) to direct payment for the preparation of any reports, plans and specifications, and relocation expenses and other costs such as for furnishings, equipment designing, inspecting and engineering, required in connection with the implementation of any projects set forth in section 1 hereof; (c) to direct payment for the costs of construction, rehabilitation, enlargement, provision of service utilities, and razing of facilities, and other improvements to land in connection with the implementation of any projects set forth in section 1 hereof; and (d) to direct payment for the cost of equipment, supplies, devices, materials and labor for repair, renovation or conversion of systems and structures as necessary for 2000 capital development program bonds or notes hereunder from the proceeds thereof. No funds shall be expended in excess of the amount of the capital development bond fund designated for each project authorized in section 1 hereof. With respect to the bonds described in section 1, the proceeds shall be utilized for the following purposes:

Question 1 relating to bonds for environmental and recreational purposes shall be allotted as follows:

(a) Open Space                                                                    $23,500,000

Provide funds for the Department of Environmental Management to purchase or otherwise permanently protect, through the purchase of fee title, development rights, conservation easements and public recreation easements, greenways and other open space, agricultural lands, forested lands, state parks, consistent with the "Greenways, Greenspace" element of the State Guide Plan and the Department of Environmental Management Land Protection Plan, and for the purchase of development rights by the Agricultural Land Preservation Commission to preserve farmland throughout the state, and $1,300,000 for acquisition of land through the purchase of fee title, development rights, and conservation easements by the State of Rhode Island Water Resources Board for the protection of public drinking water supplies. The director of the Department of Environmental Management shall award up to $11,400,000 to communities and local land trusts, conservation commissions and other environmental non-profit organizations to provide matching funds for purposes which include, but are not limited to acquisitions, easements, and development rights on land consistent with the State Guide Plan and Local Comprehensive Plans.

(b) Recreational Development                                                $9,000,000

Provide funds for the design, development, expansion and renovation of new or existing public recreational facilities and parks. Up to $3,000,000 of these funds shall be available for the development and/or renovation of state public recreational facilities. An amount not to exceed $6,000,000 shall be available to municipalities to provide grants on a matching basis, which funds shall be allocated as follows:

(i) Distressed Community Grants                                           $1,000,000

(ii) Recreation Development Grants                                       $5,000,000

(iii) Roger Williams Park Restoration                                       $1,500,000

Provide funds for improvements and renovations at Roger Williams Park.

Question 2 relating to bonds totaling $60,000,000 for projects to improve the state's water quality shall be deposited by the Rhode Island Clean Water Finance Agency in one or more of its revolving loan funds which, when leveraged with federal and state capitalization grants, will provide funding to municipalities, governmental entities and non-governmental entities for water pollution abatement projects and drinking water projects. Not less than $70,000,000 in leveraged funds will be allocated for loans at a subsidized rate of zero percent to the Narragansett Bay Commission to fund costs associated with combined sewage overflow projects. Not more than $3,000,000 of the bond proceeds shall be allocated to the Rhode Island Clean Water Finance Agency to provide state matching funds to obtain federal capitalization grants available to the state, enabling the Rhode Island Clean Water Finance Agency to provide subsidized interest rate loans to community water systems, both privately and publicly owned, and non-profit non-community water systems for drinking water projects. The Rhode Island Clean Water Finance Agency will use the remainder of the bond proceeds to provide loans at a subsidized rate of zero percent to fund water pollution abatement projects pursuant to chapter 46-12.2 of the Rhode Island General Laws, including but not limited to, wastewater treatment facilities; sludge improvement projects; the construction of sewers to relieve areas that should no longer be served by septic systems; planning/feasibility studies to support water quality restoration projects including stormwater treatment, nutrient reduction, and other similar water pollution abatement projects; restoration of aquatic habitats; and implementation of stormwater treatment and other nonpoint source water pollution abatement projects.

Question 3 relating to bonds in the amount of $62,510,000 for transportation purposes shall be allocated as follows: $60,000,000 to match federal highways funds to fund improvements to the state's highways, roads and bridges, and $2,510,000 to purchase buses for the Rhode Island Public Transit Authority's fleet.

Question 4 relating to bonds in the amount of $36,950,000 to fund improvements to the University of Rhode Island, Rhode Island College and the Community College of Rhode Island shall be allocated as follows:

University of Rhode Island Residence Halls                          $22,000,000

Rhode Island College Residence Halls                                    $4,015,000

Community College of Rhode Island Newport Campus          $10,935,000

Question 5 relating to bonds totaling $25,000,000 for the creation, design, construction, furnishing, and equipping of the Heritage Harbor Museum. The new Heritage Harbor Museum is being built at the site of the former South Street Power Plant. The general obligation bond proceeds shall be used to supplement funding available to the project from other sources, including, but not limited to federal grants, contributions from individuals and other corporations and foundations, state appropriations, and grants from the City of Providence.

  SECTION 7.  Section 6 of Chapter 65, of the Public Laws enacted in Article 6 of 2002-H 7732A  as amended, and approved on Jun. 12, 2002 is hereby amended to read as follows:

SECTION 6. Proceeds of capital development program. -- The general treasurer is directed to deposit the proceeds from the sale of capital development bonds issued under this act, exclusive of premiums and accrued interest and net of the underwriters cost, and cost of bond insurance, in one or more of the depositories in which the funds of the state may be lawfully kept in special accounts (hereinafter cumulatively referred to as "such capital development bond fund") appropriately designated for each of the projects set forth in section 1 hereof which shall have been approved by the people to be used for the purpose of paying the cost of all such projects so approved.

All monies in the capital development fund shall be expended for the purposes specified in the proposition provided for in section 1 hereof under the direction and supervision of the director of administration (hereinafter referred to as "director"). The director or his delegate shall be vested with all power and authority necessary or incidental to the purposes of this act, including but not limited to, the following authority: (a) to acquire land or other real property or any interest, estate or right therein as may be necessary or advantageous to accomplish the purposes of this act; (b) to direct payment for the preparation of any reports, plans and specifications, and relocation expenses and other costs such as for furnishings, equipment designing, inspecting and engineering, required in connection with the implementation of any projects set forth in section 1 hereof; (c) to direct payment for the costs of construction, rehabilitation, enlargement, provision of service utilities, and razing of facilities, and other improvements to land in connection with the implementation of any projects set forth in section 1 hereof; and (d) to direct payment for the cost of equipment, supplies, devices, materials and labor for repair, renovation or conversion of systems and structures as necessary for 2002 capital development program bonds or notes hereunder from the proceeds thereof. No funds shall be expended in excess of the amount of the capital development bond fund designated for each project authorized in section 1 hereof. With respect to the bonds and temporary notes described in section 1, the proceeds shall be utilized for the following purposes:

Question 1 relating to bonds and notes totaling $55.0 million for the support of the creation, design, construction, furnishing, and equipping of the new State Police Headquarters Facility and the new State Municipal Fire Academy. Additionally, funds may be used to upgrade the state's automated Fingerprint Identification System. The new State Police Headquarters Facility will be centrally located in Rhode Island to better serve the needs of the citizens of the state. The facility will serve the centralized dispatch functions for the Division and provide a more unified service delivery for the command staff, business office, communications center, traffic personnel, detectives, support staff and technology center.

The new facility moves headquarters from its current location in North Scituate to a centralized location in the state based on the number of assistance calls to which the Rhode Island State Police respond. With this move, the Division will centralize records, secure evidence, expand technology and provide a public service center. The new State Municipal Fire Academy will serve the citizens of the state in a modern facility dedicated to fire protection and prevention.

Question 2 relating to bonds and notes totaling $14,000,000 for preservation, recreation, and heritage shall be allocated as follows:

(a) Pawtuxet River Walkway                                                 $3,000,000

Provide funds for development and restoration of the Pawtuxet River Walkway located within the Town of West Warwick.

(b) Roger Williams Park                                                         $3,000,000

Provide funds for capital development and restoration at Roger Williams Park, located in the City of Providence.

(c) State Support of Museums and Cultural Art Centers located in historic structures                                                                              $3,000,000

Provide state support of the Historical Preservation and Heritage Commission to fund capital preservation for renovation projects for museums and cultural art centers located in historic structures in the State of Rhode Island.

(d) Heritage Harbor Museum                                                 $5,000,000

Provide funds for the creation, design, construction, furnishing, and equipping of the Heritage Harbor Museum, a statewide history museum and cultural center for Rhode Island. The new Heritage Harbor Museum is being built at the site of the former South Street Power Plant. The general obligation bond proceeds shall be used to supplement funding available to the project from other sources, including, but not limited to, federal grants, contributions of individuals, corporations and foundations, state appropriations, and grants from the City of Providence. The Heritage Harbor Museum will feature artifacts from the Smithsonian Institution borrowed through the Museum's participation in the Smithsonian Affiliations Program. The Heritage Harbor Museum is currently the only Smithsonian affiliate museum in New England.

Question 3 relating to bonds in the amount of $63,500,000 for transportation purposes shall be allocated as follows:

(a) Highway Improvement Program                                      $60,000,000

Provide funds for the Department of Transportation to match federal funds or to provide direct funding for improvements to the state's highways, roads and bridges.

(b) Facilities/Equipment Replacement                                      $1,800,000

Provide funds for the Department of Transportation to repair or renovate existing maintenance facilities or to construct new maintenance facilities.

(c) Bus Replacement                                                             $1,700,000

Provide funds for the Rhode Island Public Transit Authority to purchase new buses or for the rehabilitation of existing buses in the bus fleet.

Question 4 relating to bonds in the amount of $11,000,000 for Quonset Point/Davisville for improvements to road and utility infrastructure at the site, for the demolition of buildings, site preparation and pier rehabilitation.

SECTION 8. Section 6 of Chapter 595, of the Public Laws enacted in Article 5 of 2004 -- H 8219 as amended, and approved Jun. 30, 2004 is hereby amended as follows:

SECTION 6. Proceeds of capital development program. -- The general treasurer is directed to deposit the proceeds from the sale of capital development bonds issued under this act, exclusive of premiums and accrued interest and net of the underwriters cost, and cost of bond insurance, in one or more of the depositories in which the funds of the state may be lawfully kept in special accounts (hereinafter cumulatively referred to as "such capital development bond fund") appropriately designated for each of the projects set forth in section 1 hereof which shall have been approved by the people to be used for the purpose of paying the cost of all such projects so approved.

All monies in the capital development bond fund shall be expended for the purposes specified in the proposition provided for in section 1 hereof under the direction and supervision of the director of administration (hereinafter referred to as "director"). The director or his or her designee shall be vested with all power and authority necessary or incidental to the purposes of this act, including but not limited to, the following authority: (a) to acquire land or other real property or any interest, estate or right therein as may be necessary or advantageous to accomplish the purposes of this act; (b) to direct payment for the preparation of any reports, plans and specifications, and relocation expenses and other costs such as for furnishings, equipment designing, inspecting and engineering, required in connection with the implementation of any projects set forth in section 1 hereof; (c) to direct payment for the costs of construction, rehabilitation, enlargement, provision of service utilities, and razing of facilities, and other improvements to land in connection with the implementation of any projects set forth in section 1 hereof; and (d) to direct payment for the cost of equipment, supplies, devices, materials and labor for repair, renovation or conversion of systems and structures as necessary for 2004 capital development program bonds or notes hereunder from the proceeds thereof. No funds shall be expended in excess of the amount of the capital development bond fund designated for each project authorized in section 1 hereof. With respect to the bonds and temporary notes described in section 1, the proceeds shall be utilized for the following purposes:

Question 1 relating to bonds in the amount of $66,520,000 for transportation purposes shall be allocated as follows:

(a) Highway improvement program                                       $60,000,000

Provide funds for the Department of Transportation to match federal funds or to provide direct funding for improvements to the state’s highway, roads and bridges.

(b) Facilities equipment replacement                                        $5,020,000

(c) Bus replacement                                                               $1,500,000

Provide funds for the Rhode Island Public Transit Authority to purchase new buses or for rehabilitation of existing buses in the bus fleet.

Question 2 relating to bonds and notes totaling $15,000,000 shall be allocated to the construction, renovation, and rehabilitation of the state’s regional career and technical schools.

Question 3 relating to bonds in the amount of $50,000,000 shall be allocated to provide $20,000,000 to construct, renovate and rehabilitate residence halls at the University of Rhode Island and $30,000,000 to construct a new residence hall at Rhode Island College.

Subject to any pledge of housing revenues derived by the Board of Governors for Higher Education from residence halls at Rhode Island College, the college shall, to the extent of any available funds, reimburse the state for debt service paid by the state on the bonds issued pursuant to this act.

Question 4 relating to bonds in the amount of $12,300,000 shall be allocated to restore the historic Cranston Street Armory facility for use as an a archives and records center and make space available for either office or educational use, provided that the bonds may not be issued until the Governor has submitted detailed expenditure plans and cost estimates to the General Assembly, and provided further that the General Assembly has reviewed the plans and cost estimates and passed a joint resolution approving the issuance.

Question 5 relating to bonds in the amount of $10,000,000 shall be allocated as follows:

(a) Emergency water interconnect                                          $5,000,000

Provide funds for the Water Resources Board to fund matching grants to local water suppliers to develop interconnections between and among water systems to be used in the event of an emergency.

(b) Shad Factory Pipeline                                                       $5,000,000

Provide funds for the Water Resources Board to make necessary repairs to the Shad Factory Pipeline to ensure continuation of the state’s rights to water from two reservoirs located in Massachusetts.

Question 6 relating to bonds in the amount of $70,000,000 shall be allocated as follows:

(a) Narragansett Bay and Watershed Restoration                 $19,000,000

Provide $8.5 million for activities to restore and protect the water quality, and enhance the economic viability and environmental sustainability of Narragansett Bay and the state’s watersheds. Eligible activities shall include, but not be limited to: nonpoint pollution source abatement, including stormwater management; nutrient loading abatement; commercial, industrial and agricultural pollution abatement; and, riparian buffer and watershed ecosystem restoration. Provide $10.5 million funding for the Rhode Island Clean Water Finance Agency which will be leveraged to provide loans to municipalities and governmental entities for the design, construction, repair, equipping and upgrading of wastewater treatment facilities to implement nutrient reduction projects impacting Narragansett Bay and the State’s Watersheds.

(b) Open Space and Recreational Development                     $43,000,000

Provide funds for open space land acquisition farmland preservation, and recreational development to be allocated as follows: $25,000,000 would be used by the Department of Environmental Management to purchase or otherwise permanently protect through the purchase of fee title, development rights, conservation easements and public recreation easements, greenways and other open space, recreation lands, agriculture lands, forested lands and state parks. An amount not to exceed $10,000,000 of these funds shall be available to municipalities local land trusts, conservation commissions, and other environmental nonprofit organizations to provide grants on a matching basis for open space preservation consistent with the state guide plan and local comprehensive plan.

$18,000,000 would be used for the design, development, expansion and renovation of new or existing public recreations facilities and parks. $8,000,000 of these funds shall be available for the development or renovation of state public recreational facilities including $3,000,000 for restoration of Fort Adams.

The remaining $10,000,000 includes $4,000,000 for Roger Williams Park and Zoo., $4,000,000 for  municipalities to provide grants on a matching basis for other municipal parks, and $2,000,000 for municipalities to provide grants on a matching basis for recreation development grants.

(c) Groundwater Protection/Land Acquisition                          $8,000,000

Provide funds for use by the Rhode Island Water Resources Board for acquisition of land through the purchase of fee title, development rights, and conservation easements for groundwater protection and protection of public drinking water supplies.

Question 7 relating to bonds and notes totaling $14,000,000 shall be allocated to the construction and renovation of the University of Rhode Island Pell Library and Oceanographic Information Center.

Question 8 relating to bonds and notes totaling $6,700,000 shall be allocated to the construction of the Athletic Performance Center and the renovation of facilities at Meade Stadium and Keaney Gymnasium at the University of Rhode Island.

Question 9 relating to bonds in the amount of $3,000,000 shall be allocated to the Historical Preservation and Heritage Commission to fund capital preservation for renovation projects for public and nonprofit historic sites, museums and cultural art centers located in historic structures in the State of Rhode Island.

Question 10 relating to bonds in the amount of $46,500,000 shall be allocated to provide funds to begin to purchase, build or modify state facilities for state agency use to reduce the state’s reliance on leased space and for the State Information Operations Center to meet the state’s growing technology needs, provided that the bonds may not be issued until the Governor has submitted detailed expenditure plans and cost estimates to the General Assembly, and provided further that the General Assembly has reviewed the plans and cost estimates and passed a joint resolution approving the issuance of all or a portion of the bonds.

Question 11 relating to bonds and notes totaling $50,000,000 shall be allocated to the construction of the University of Rhode Island Center for Biotechnology and Life Sciences.

Question 12 relating to bonds and notes totaling $48,000,000 shall be allocated to road and utility infrastructure, building demolition, site preparation, and pier rehabilitation at the Quonset Point/Davisville Industrial Park.

SECTION 9.    This article shall take effect on July 1, 2007.

 

ARTICLE 7 SUBSTITUTE A AS AMENDED

 

RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS

 

SECTION 1.     This article shall serve as joint resolutions required pursuant to Rhode Island General Laws 35-18-1, et seq.

SECTION 2.  Neighborhood Opportunities Program

WHEREAS, The state of Rhode Island has a significant need for affordable housing; and

WHEREAS, These projects will increase the amount of affordable housing and transitional housing service available in the state to its citizens; and

WHEREAS, The state developed and utilized a program in fiscal year 2002 that would allow the Neighborhood Opportunities Program to be financed through bonds issued by the Rhode Island Housing and Mortgage Finance Corporation, insured, secured, or otherwise credit-enhanced or purchased by a major financial institution, to be repaid by the state (the "Financing"); and

WHEREAS,  This financing proposal is a prudent funding mechanism that provides replacement funding for these housing programs and an additional $7,500,000 for the Neighborhood Opportunities Program in fiscal year 2007; and

WHEREAS, $7,500,000 of funding for the Neighborhood Opportunities Program could result in creation of over 200 units of affordable housing; 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 or incurring by the state of Rhode Island of certain obligations including financing guarantees or other agreements; and

WHEREAS,  This act shall serve as the concurrent resolution of approval required by the Rhode Island Public Corporation Debt Management Act (R.I. General Laws section 35-18-1 et seq.); and

WHEREAS, The project costs associated with the Neighborhood Opportunities Program are estimated to be $7,500,000 in fiscal year 2007. The total financing obligation of the state of Rhode Island would be approximately $8.9 million, with $7.5 million deposited in the construction fund provided that up to $0.06 million be made available to pay the associated costs of financing if required. Total payments on the state's obligation over six (6) years on the $7.5 million issuance are projected to be $8.9 million, assuming an average effective interest rate of 5.0%. The payments would be financed within the Department of Administration from general revenue appropriations; now, therefore be it

RESOLVED, That providing affordable housing and transitional housing services to the state's population is a priority of this general assembly; and be it further

RESOLVED, That this general assembly hereby authorizes the Governor, the director of the department of administration or other appropriate state officials to enter into a financial obligation, guarantee, or other agreement, or agreements evidencing the financing obligation of the state of Rhode Island for the term of the financing in an amount not to exceed $8.9 million for the provision of funds for the Neighborhood Opportunities Program in fiscal year 2007 limited to the purpose of providing housing rental units; and be it further

RESOLVED, That this Joint Resolution shall take effect immediately upon passage by the general assembly.

SECTION 3.  Department of Administration Vehicle Lease Purchase.

WHEREAS,  the state of Rhode Island finds that it is cost-effective to use the state’s tax-exempt borrowing capacity to finance vehicles, trucks and heavy equipment; and

WHEREAS, the state of Rhode Island finds that it is cost-effective when such borrowings are consolidated into one borrowing package rather than executed on an individual basis with financing companies; 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 debt incurring by the state of Rhode Island and other public agencies of certain obligations; and

WHEREAS, this methodology has been approved in past years by the general assembly; and

WHEREAS, the state of Rhode Island Department of Administration desires to enter into financing agreements to finance the purchase of thirty (30) State Police Trooper vehicles and associated equipment, heavy equipment for the Department of Transportation, and other replacement vehicles for various state agencies, as required; and

WHEREAS, the Department of Administration estimates that the total issuance for vehicles and equipment will not exceed $10.5 million, with $10,450,000 deposited in the vehicle replacement fund and $50,000 available to pay the associated costs of financing. Total lease payments over a period of three (3) years for State Police and other vehicles and ten (10) years for transportation heavy equipment are projected to be $10,245,800, assuming an average coupon of 4.0 percent. The lease payments would be financed within the various general revenue, federal, restricted, and other fund appropriations available to the respective departments; now, therefore, be it

RESOLVED, That it is cost-effective when such borrowings are consolidated into one borrowing package; and be it further

RESOLVED, That this general assembly hereby approves financing in an amount not to exceed $10,500,000 for the purchase of vehicles, heavy equipment and trucks during fiscal year 2007; and be it further

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

SECTION 4.  Information Technology Improvements.

WHEREAS, The computer systems that currently support the Division of Motor Vehicles are outdated and put the operations of the driver licenses and registrations systems at risk of operation; and

WHEREAS, The enterprise infrastructure of the state’s wide and local area networks need upgrades to protect them from cyber security attack; and

WHEREAS, An integrated professional licensing software platform would increase the regulatory compliance of licensees and increase access and convenience to the public of licensing rules, regulations, and application processing; and

WHEREAS, Public education would benefit from outfitting teachers with skills in the use of information systems; and

 WHEREAS, The state would benefit from a taxation database to enhance tax policy analysis, audits and tax collections; and

WHEREAS, The court system requires timely and integrated data systems capable of interacting with other state systems; and

WHEREAS, the project costs associated with the Innovative Technology Initiative is  $49.3 million.  The total financing obligation of the State of Rhode Island would be approximately $49.9 million, with $49.3 million deposited in the construction fund, and $0.6 million available to pay the associated costs of financing.  Total payments on the State’s obligation over ten (10) years on the $49.3 million issuance are projected to be $63.1 million, assuming an average effective interest rate of 4.5%.  The payments would be financed within the Department of Administration from general revenue appropriations and Division of Motor Vehicles transaction fees; now, therefore be it

RESOLVED, That this General Assembly hereby approves financing in an amount not to exceed $37.0 million for the provision of funds for Innovative Technology including $0.5 million to pay costs of financing; provided, that $3,900,000 be made available from the construction fund for the enterprise infrastructure of the state' s wide and local area network ; and provided, further, that $1,010,234 be made available from the construction fund for an integrated professional licensing software platform; and provided, further, that $15,195,154 million be made available from the construction fund  for comprehensive education information systems in the department of elementary and secondary education; and provided, further, that $2,500,000 be available from the construction fund to develop a taxation data base; and provided, further, that $13,900,000 be available from the construction fund to develop integrated data systems for the judiciary; and be it further

RESOLVED, That the General Assembly hereby approves financing in an amount not to exceed $13,000,000 to develop computer systems to  support  the division of motor vehicles, including $12,795,000 for the project and $205,000 for associated cost of financing; provided that costs of financing would be borne by a surcharge on all transactions over the ten year period; and provided further that the department of administration shall develop and adopt by rule and regulation pursuant to this section that surcharge and structure not to exceed seven (7) years and that all revenues from that surcharge be used exclusively for the payment of the principal, interest, and issuance costs associated  with the $13,000,000 cost of the system; and be it further

RESOLVED, That this Joint Resolution shall take effect immediately upon its passage by the general assembly.

SECTION 5.  School for the Deaf

WHEREAS The State currently lacks the appropriate facility with furnishings, and equipment to educate and serve the deaf population; and

WHEREAS, The General Assembly funded a study in the FY 2006 budget to determine the cost of a new facility, and

WHEREAS, The study revealed that a new facility would cost approximately $31.16 million; and

WHEREAS, There is state-owned property in Lincoln, Rhode Island which is suitable for the facility; and

WHEREAS, The project costs associated with constructing and equipping a new School for the Deaf are estimated to be $31.16 million.  The total financing obligation of the State of Rhode Island would be approximately $31.25 million, with $31.16 million deposited in the construction fund, and $90,000 available to pay the associated costs of financing.  Total payments on the State’s obligation over twenty (20) years on the $31.25 million issuance are projected to be $49.6 million, assuming an average effective interest rate of 5.0%.  The payments would be financed within the Department of Administration from general revenue appropriations; now, therefore, be it

RESOLVED, That a new School for the Deaf is needed to provide an environment conducive to learning; and be it further

RESOLVED, That this General Assembly hereby approves financing in an amount not to exceed $31.25 million for the construction of a new School for the Deaf; and be it further

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

SECTION 6.  Urban Revitalization Program

WHEREAS, The Rhode Island Economic Development Corporation (the "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 42-64-4 et seq. (as enacted, reenacted, and amended, the ("Act"); and

WHEREAS, The general assembly finds that small businesses are the backbone of the Rhode Island economy and that the 24,000 small businesses in Rhode Island are responsible for 196,000 jobs, $16.8 billion in gross state product, and $41.5 million in state tax revenues; and

WHEREAS, Finding good locations for small business growth in urban communities is difficult and is often a serious impediment to the growth of minority and women owned small businesses; and

WHEREAS, The Corporation currently has a number of programs that provide assistance to small businesses to gain access to capital, but that in some cases these programs do not meet the needs of those urban minority and women owned small businesses and the communities they serve and are not of a large enough scale to address the problems and opportunities presented by the nearly 11,000 vacant properties in Rhode Island's core cities; and

WHEREAS, Stimulating the redevelopment and revitalization of commercial and mixed use properties in urban communities is a critical component of the states job creation strategy and compliments the investments that the state and other organizations are making in affordable housing, education, adult literacy, job training, and social series in these communities; and

WHEREAS, The Urban Revitalization Fund of Rhode Island, a nonprofit Rhode Island based Community Development Financial Institution as certified by the United States Treasury Department  has the ability to leverage private sector funds and deliver financial products to for-profit and not-for-profit developers in order to stimulate positive urban economic growth; and

WHEREAS, The act also provides that the 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; to sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all or any part of its property and assets for any consideration and upon any terms and conditions as the corporation shall determine; to lend money for its purposes, invest and reinvest its funds, and at its option to take and hold real and personal property at security for the payment of funds so loaned or invested; to acquire or contract to acquire, from any person, firm, corporation, municipality, the federal government, or the state, or any agency of either the federal government or the state, by grant, purchase, lease, gift, condemnation, or otherwise, or to obtain options for the acquisition of any property, real or personal, improved or unimproved, and interests in land less than the fee thereof; and to own, hold, clear, improve, develop, and rehabilitate, and to sell, assign, exchange, transfer, convey, lease, mortgage, or otherwise dispose or encumber that property for the purposes of carrying out the provisions and intent of this chapter, for any consideration as the corporation shall determine; and to be a promoter, partner, member, associate, or manager of any partnership, enterprise, or venture; and

WHEREAS, The act authorizes the Corporation to make contracts and guarantees and incur liabilities, borrow money at any rates of interest as the corporation may determine; to make and execute agreements of lease, conditional sales contracts, installment sales contracts, loan agreements, mortgages, construction contracts, operation contracts, and other contracts and instruments necessary or convenient in the exercise of the powers and functions of the corporation; and

WHEREAS, Pursuant to Rhode Island general laws sections 35-18-3 and 35-18-4, the Corporation hereby requests the approval of the general assembly of the Corporation's issuance of not more than $2,000,000 Rhode Island Economic Development Corporation Guarantees (the "Obligations") for the purpose of supporting commercial revitalization projects in urban areas; and

WHEREAS, The financing of the program will be accomplished through issuance of guarantees by the Corporation; and

WHEREAS, The Corporation will make up to $2,000,000 in guarantees available to or on behalf of The Urban Revitalization Fund of Rhode Island; and

WHEREAS, The Urban Revitalization Fund intends to initiate a program to utilize the guarantee in order to make loans at a three and one-half percent (3.5%) weighted average interest rate with thirty-six (36) month maximum terms; and

WHEREAS, The program will directly benefit the state; and

WHEREAS, The total obligations related to the program are anticipated to be $2,000,000; now, therefore be it

RESOLVED, That this general assembly finds that the program is a project of a type and nature consistent with the purposes and within the powers of the Corporation to undertake, and hereby approves the Corporation's issuance of not more than $2,000,000 in guarantees to or on behalf of The Urban Revitalization Fund of Rhode Island in order to secure a line of credit to fund loans for urban revitalization projects and that may not be used for overhead; and be it further

RESOLVED, That these funds are to be used strictly to secure a line of credit to fund guarantees of loans for urban revitalization projects, which guarantees may be of principal and capital interest related to such loans, but shall not be used for overhead other than a fee to The Urban Revitalization Fund of no more than one percent (1%) of any loan made; and be it further

RESOLVED, That the program shall allow The Urban Revitalization Fund to use the secured line of credit to secure guarantees of loans to individual companies in lesser amounts, provided that no guarantee made by The Urban Revitalization Fund under this program shall have a term in excess of ten (10) years and the maximum value of any guarantee conveyed under the authority of the program shall not exceed twenty five percent (25%) of the total loan amount; and further, The Urban Revitalization Fund shall not issue any guarantee after the tenth (10th) anniversary of the effective date of this act; however, payments may, if necessary and within the limits of the maximum annual and programmatic guarantee amounts, be made after such term has expired if a claim arising from nonpayment was made within the approved ten (10) year term; and be it further

RESOLVED, That the Rhode Island Economic Development Corporation will approve and enter into a contract with The Urban Revitalization Fund, and such contract will include such terms as the Rhode Island Economic Development Corporation deems reasonable and necessary for the administration and monitoring of the program in order to protect the fiscal and policy interests of the state, to assure compliance with the terms of this authorization, and to track the impact of the program, and shall limit the issuance of loan guarantees to seven hundred thousand dollars ($700,000) in any one year period; and further shall not include for the payment of any fees to the Corporation for the issuance of the guarantee; and be it further

RESOLVED, That The Urban Revitalization Fund shall provide the Corporation with the name of any borrower receiving the benefit of the guarantee program and the Corporation shall not approve any other incentives for the benefit of the borrower during the term of the loan guarantee, including, but not limited to, approvals under section 42-64-20 for "project status"; and be it further

RESOLVED,  That the obligations will be special obligations of the Corporation payable from funds received by the Corporation upon request to the state as may be required from time to time; and be it further

RESOLVED, That the General Assembly shall appropriate the amount of fifty thousand dollars ($50,000) to the Corporation for the purposes of establishing a capital reserve fund pursuant to section 42-64-18, which amount shall be deemed the minimum capital reserve fund requirement pursuant to that section; on or before December first of each year, the Corporation shall make and deliver to the governor a certificate stating the sum, if any, required to restore the capital reserve fund to the minimum capital reserve fund requirement for the fund. During each January session of the general assembly, the governor shall submit to the general assembly as part of the governor's budget, the amount, if any, required to restore the capital reserve fund to the minimum capital reserve fund requirement for the fund. All sums appropriated by the general assembly for this purpose, and paid to the corporation, if any, shall be deposited by the corporation in the applicable capital reserve fund. The maximum fiscal year obligation of the Corporation and the state is $2,000,000 and the likely maximum fiscal year obligation is $356,934; and be it further

RESOLVED, That the obligation 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 same replenishes the capital reserve fund, 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 and shall act to repeal the prior resolution of the general assembly found at 2005 Public Laws Chapter 117, Article 6, Section 12; provided, that the creation or issuance of any guarantee by the Corporation shall be not later than twelve (12) months from the date of such passage and any initial claims upon such guarantees shall be made no later than ten (10) years from the date of such creation or issuance.

SECTION 7.  Energy Service Companies - Equipment Replacement.

WHEREAS, in FY 2005 Rhode Island state government expended approximately $38.0 million on energy utilities for state-owned facilities; and

WHEREAS, energy prices increased significantly during FY 2006 and are expected to continue to rise in FY 2007; and

WHEREAS, the State of Rhode Island owns in excess of two hundred (200) buildings with boilers, heating systems, air conditioning systems, lighting and control systems many of which are antiquated, inefficient, and are expensive to maintain; and

WHEREAS, Various private sector companies, hereinafter referred to as energy service companies are willing to guarantee energy savings to pay for the cost of the replacement of these antiquated and inefficient boilers, heating and air conditioning, lighting and other building systems and equipment; and

WHEREAS, several state agencies are seeking to retain energy service companies to undertake energy service contracts; and

WHEREAS, State facilities/agencies seeking to undertake energy savings contracts to replace old and obsolete equipment that would be normally be done through the capital budget process and the estimated costs of such contracts include:

Department of Administration not to exceed $6.0 million;

University of Rhode Island not to exceed $18.1 million;

Rhode Island College not to exceed $7.5 million;

Rhode Island Airport Corporation not to exceed $5.0 million;

now, therefore, be it

RESOLVED, That the State of Rhode Island is authorized to proceed with the aforementioned projects in the amounts specified above, exclusive of financing and servicing costs; and be it further

RESOLVED, That these contracts will be structured so that, at a minimum, the annual principal, interest and service and maintenance costs resulting from these contracts would be completely offset by the annual energy savings guaranteed by the energy service companies; and be it further  

RESOLVED, That these contracts would be multi-year contracts of up to a term of eighteen years.  In addition to saving energy and helping to protect the state from future energy cost increases, these contracts would aide in reducing maintenance costs by providing new equipment and replacing older energy consuming systems; and be it further

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

SECTION 8. University of Rhode Island Land Parcel

WHEREAS, The University of Rhode Island is proposing a project which involves the purchase of a 114 acre parcel of undeveloped land located immediately north of the University's developed Kingston Campus property; and

WHEREAS, The parcel is bound on all sides by University land holdings; to the west by Plains Road and 123 acres of University land, to the north by a 128 acre undeveloped parcel also owned by the University and to the east by another 11 acre University parcel; and

WHEREAS, The purchase of this parcel enables contiguous ownership of a large land area north and west of the Kingston Campus; and

WHEREAS, The acquisition of this privately held parcel is of potential importance to the future of the University and Campus development; and

WHEREAS, The parcel is presently being appraised to determine its value; and

WHEREAS, The University will make payments totaling not greater than one million four hundred and ninety-five thousand dollars ($1,495,000) to purchase the property through an installment purchase agreement with an expected term of eight (8) years; and

WHEREAS, The annual payments will be supported by the University general revenues; and

RESOLVED, That the total amount of the installment purchase payments shall be limited to not more than $1,495,000 and payments of not more than $140,000 will be made in five of the years and not more than $265,000 will be made in three years of the eight year term; and be it further

RESOLVED, That this Joint Resolution shall take effect upon passage by this general assembly.

SECTION 9. Student Athlete Development Center

WHEREAS,  The University of Rhode Island is proposing a project which involves the construction of a Student Athlete Development Center located adjacent to and part of the Keaney Gymnasium and Tootell Center at the University of Rhode Island's Kingston Campus; and

WHEREAS, The project will involve the construction of the Center and the renovation to portions of Keaney Gymnasium and Tootell Center that will be utilized in support of the Center; and

WHEREAS, The student athlete development facilities that currently support University of Rhode Island student athletes are outdated, inadequate, and in disrepair; and

WHEREAS, The infrastructure of the University is critical to the success of student athletes and the University; and

WHEREAS, Funding for this project will be financed through Rhode Island Health and Educational Building Corporation revenue bonds; and

WHEREAS, The project costs are estimated to be $7,000,000. The total financing obligation of the University would be approximately $7,210,000, with $7,000,000 deposited in the construction fund, and $210,000 available to pay the associated costs of financing. Total payments on the University's obligation over twenty (20) years on the $7,210,000 issuance are projected to be $11,200,000, assuming an average interest rate of 4.75 percent; and

WHEREAS, Debt service payments would be supported by University general revenues; now, therefore be it

RESOLVED, That this General Assembly hereby approved financing in an amount not to exceed $7,210,000 for the construction of a Student Athlete Development Center; and be it further

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

SECTION 10. Healthcare Information Exchange

WHEREAS, A statewide health information exchange would improve the quality, safety, and value of healthcare in the state and allow patients and providers to have their healthcare information when and where they need it by facilitating the exchange of medical information; and

WHEREAS, The total project costs associated with the Healthcare Information Exchange are estimated to be $20 million; and

WHEREAS, There are significant benefits to numerous participants in the healthcare industry in Rhode Island; and

WHEREAS, The financing for this project could be provided by the Rhode Island Health and Educational Building Corporation or another quasi-public agency through the issuance of revenue bonds to a Regional Health Information Organization to be repaid through subscriber charges; and

WHEREAS, This Regional Health Information Organization would be determined by the department of administration following an open bid process and would among other things provide administrative and financial services, operational support; and

WHEREAS, The total financing obligation of the State of Rhode Island for a $20 million health information exchange would be approximately $6.0 million, with $5.9 million deposited in the construction fund, and $0.1 million available to pay the associated costs of financing. Total payments on the state's obligation over ten (10) years on the $6.0 million issuance are projected to be $8.0 million, assuming an average effective interest rate of 5.5%. The payments for the state's share would be financed by various state departments subscribing to the system from general revenue appropriations, federal and any other sources which might be available; now, therefore be it

RESOLVED, That this General Assembly hereby authorizes the Department of Administration and the Department of Human Services to commit to financing their shares of the initial capitalization and operations of a Health Information Exchange;

Provided all Rhode Island domiciled insurers (for both their insured and self-insured plans for Rhode Island residents administered by them or their affiliates), Medicare, and Medicaid participants participate in the same capitalization and operations using a common participation formula in which the state of Rhode Island is a party only to the extent of its Medicaid and state employee and retired employee health plans; and

Provided further that each participants' share shall be its covered Rhode Island population divided by the total covered Rhode Island population of all participants or some like formula; and

Provided, further that the annual costs of the State of Rhode Island share shall be incorporation into the operating budgets of the respective departments to be approved by the general assembly; now, therefore be it

RESOLVED, That the general assembly approves financing in an amount not to exceed $6.0 million plus interest for the provision of funds for the State of Rhode Island's share of the capital costs associated with the Healthcare Information Exchange and authorizes subscription charges to be paid to include the debt service and the operational costs based upon the state's share of the project; and be it further

RESOLVED, That this Joint Resolution shall take effect upon signed agreements between the Regional Health Information Organization and all Rhode Island domiciled insurers, Medicare, and sixty days after submission of those agreements to the Chairperson of the House Finance Committee and the Senate Finance committee and their respective fiscal advisors.

SECTION 11. Masonic Temple

WHEREAS, The Rhode Island Economic Development Corporation (the "Corporation") entered into that certain Ground Lease dated December 20, 2002 (the "Ground Lease") by and between the Corporation and Masonic Hotel Developer, LLC (the "Developer") pursuant to which the Developer is restoring, rehabilitating, redeveloping and preserving the historic Masonic Temple structure (the "Masonic Temple") in order for it to be utilized as a hotel and hospitality center; and

WHEREAS, The Developer will invest in excess of $70,000,000 in the Masonic Temple to facilitate such restoration and reuse of the Masonic Temple; and

WHEREAS, The Developer also has invested in the Veterans Memorial Auditorium located adjacent to the Masonic Temple and has cooperated with and donated funds to the Veterans Memorial Auditorium Foundation with respect to the coordinated restoration and rehabilitation of the Veterans Memorial Auditorium in conjunction with the restoration and reuse of the Masonic Temple; and  

WHEREAS, The General Assembly finds that the State of Rhode Island tax credits earned pursuant to R.I.G.L. section 44-33.2-1 et seq. (historic structures – tax credits) (the "Historic Tax Credits") have had and continue to have the desired effect of stimulating, promoting and encouraging the redevelopment and reuse of historic structures by modern commercial, residential and manufacturing enterprises in order to foster civic beauty, promote public education, pleasure and welfare and otherwise generally improve and enhance the economic well being of the citizens of the State of Rhode Island;

WHEREAS, It is anticipated that the Historic Tax Credits with respect to the Masonic Temple will be sold, transferred and conveyed in a manner that results in market conditions causing the user of the Historic Tax Credits to obtain such Historic Tax Credits for an amount that is less than the face amount of the credits; and

WHEREAS, Notwithstanding the fact that the Historic Tax Credits when they are sold, will be acquired by the ultimate users of the credits for an amount that is less than the face amount of the credits, the State of Rhode Island still is obligated to honor the Historic Tax Credits at the full face amount of the credits and is obligated to allow the ultimate users to reduce their tax liabilities to the State of Rhode Island by the full face amount of the credits; and 

WHEREAS, The Developer and the Corporation desire to amend the Ground Lease to provide that Corporation may invest in the Developer, or any affiliate, subsidiary, successor, or related entity in order for the Corporation to control the utilization of the Historic Tax Credits with respect to the Masonic Temple thereby resulting in a savings to the State of Rhode Island; and   

WHEREAS, The Developer will be entitled to Historic Tax Credits related to the Masonic Temple in an amount equal to no less than $24,000,000; and

WHEREAS, The Developer has offered to contribute and convey control of the rights to the Historic Tax Credits related to the Masonic Temple to an entity that would be controlled by the Corporation in exchange for the Corporation investing $14,000,000 in the Developer or an entity affiliated with it; and

WHEREAS, The Corporation would borrow such $14,000,000 plus costs on or about March 2007 at rates not to exceed the national average Prime Rate of interest as set forth from to time in the Wall Street Journal, with a term of repayment of not more than three (3) years; and

WHEREAS, By way of example, if the Corporation borrowed $14,000,000 to invest in the Developer as its affiliate, subsidiary, successor or related entity plus $280,000 of borrowing and transactional costs at a rate per annum of 7% for a term of 3 years with annual payments of amortized principal plus interest, the total cost of the borrowing and investment would be $16,324,350; and

WHEREAS, In furtherance of said example, if the Corporation invested in Developer, its affiliate, subsidiary or successor in a manner that results in control of the utilization of the Historic Tax Credits related to the Masonic Temple of $24,000,000 in value, then the State of Rhode Island would save the difference between $24,000,000 minus $16,324,350 minus fees that otherwise would be paid to utilize the Historic Tax Credits ($2,400,000), resulting in a net savings to the State of $5,275,560; and

WHEREAS, Pursuant to R.I.G.L. section 35-18-1 et seq., the Corporation hereby requests the approval of the General Assembly of the Corporation's borrowing of up to $14,280,000 at an amortized rate not to exceed the Prime Rate for a term not to exceed three (3) years (the "Obligations") for the purpose of supporting investment by the Corporation in the Developer or any affiliate, subsidiary, successor, or related party that would allow the Corporation to control the rights to the Historic Tax Credits with respect to the Masonic Temple.

NOW, THEREFORE, be it resolved as follows:

RESOLVED, That the Corporation, in conjunction with the amendment to the Ground Lease, is authorized to enter into the Obligations for an amount not to exceed $14,280,000 at a rate per year not to exceed the national average Prime Rate as published from time to time in the Wall Street Journal, for a term not to exceed three (3) years in the form of borrowings, lines of credit, direct loans, notes, bonds or other cost effective means of incurring the Obligations, with transactional costs (including, but not limited to bank or other borrowing charges, other than interest, fees, charges, costs and legal fees) not to exceed two percent (2%) of the Obligations, in order to facilitate the Corporation acquiring an interest in the Developer or its affiliate, subsidiary, or other related entity, such that the control of the Historic Tax Credits related to the Masonic Temple shall be under the control and authority of the Corporation.

RESOLVED, That the utilization of the Obligations to invest in the Developer or any subsidiary, successor, or affiliate thereof shall allow the Corporation to acquire control over the Historic Tax Credits relating to the Masonic Temple which otherwise could have reduced the tax revenue available to the State of Rhode Island by an amount equal to no less than $24,000,000; and   

RESOLVED, The Corporation shall request the Governor to include in each of the fiscal years following the undertaking by the Corporation of the Obligations an amount equal to the debt service of the Obligations pursuant to the terms set forth in these Resolutions and the General Assembly shall appropriate to the Corporation amounts sufficient to satisfy the debt service of the Obligations.

SECTION 12. This article shall take effect upon passage.

 

ARTICLE 8 SUBSTITUTE A

 

Relating To Motor Vehicle Emissions Inspection Fees

 

SECTION 1. Section 31-47.1-11 of the General Laws in Chapter 31-47.1 entitled “Motor Vehicle Emissions Inspection Program” is hereby amended to read as follows:

 

31-47.1-11. Fees. – (a) A fee of forty-seven dollars ($47.00) is to be charged for each motor vehicle inspected. The amount of fees collected shall provide for the cost of the inspection, the costs of administering the motor vehicle emissions inspection program and other costs provided by law. The fee must be paid for each motor vehicle inspected at an emissions inspection station at the time of the inspection and is payable whether a compliance certificate, waiver certificate, or no certificate is issued. There shall be no fee charged for one reinspection of a vehicle that failed an initial inspection when the reinspection is conducted at the AIRS that conducted the initial inspection.

Of the forty-seven dollars ($47.00) fee, eighteen dollars ($18.00) shall be retained by the inspection station owner to cover the costs of performing the inspection. The remaining twenty-nine dollars ($29.00) shall be remitted to the program manager. The program manager shall retain thirteen dollars ($13.00) no more than ten dollars ($10.00) of the fee and remit the remaining sixteen dollars ($16.00) no less than nineteen dollars ($19.00) for deposit in the state general fund. The general assembly shall annually appropriate such sums as may be required to cover the costs of administering the program by the division of motor vehicles and the department of environmental management.

(b) The general assembly shall on or before June 30th of each calendar year review the costs and fees associated with the program with the goal of eliminating all fees being directed to the general fund and to eliminate all costs and fees not directly related and necessary to pay the costs of administering the motor vehicle emission inspection program as required under 40 CFR 51.354(a).

 

SECTION 2. This article shall take effect on January 1, 2007.

 

ARTICLE 9 SUBSTITUTE A

 

RELATING TO PHARMACEUTICAL ASSISTANCE TO THE ELDERLY

 

SECTION 1. Sections 42-66.2-3 and 42-66.2-6 of the General Laws in Chapter 42-66.2 entitled "Pharmaceutical Assistance to the Elderly Act" are hereby amended to read as follows:

 

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

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

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

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

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

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

 (ii) "Additional drugs" means noninjectable drugs which require a physician's prescription according to federal law and which are contained in the American Hospital Formulary Service pharmacologic-therapeutic classifications categories that have not been determined by the federal "Drug Efficacy and Safety Implementation (DESI) Commission" to lack substantial evidence of effectiveness, which are not included in the definition of drugs as defined in this subdivision. However, this shall not include prescription drugs used for cosmetic purposes.

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

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

 (8) "Pharmacy" means a pharmacy licensed by the state of Rhode Island.

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

 

42-66.2-6. Responsibilities of department of elderly affairs. -- (a) Determination of eligibility. - The department shall adopt regulations relating to the determination of eligibility of prospective consumers and the determination and elimination of program abuse. The department  has the power to declare ineligible any consumer who abuses or misuses the established prescription plan. The department has the power to investigate cases of suspected provider or consumer fraud.

 (b) Rebates for expenses prohibited. - (1) A system of rebates or reimbursements to the consumer for pharmaceutical expenses shall be prohibited.

 (2) Subdivision (1) shall not be interpreted to exclude other consumers not participating in the pharmaceutical assistance to the elderly program from receiving financial offers or redeemable coupons that are available to only those who have paid for the service or product through direct cash payment, insurance premiums, or cost sharing with an employer.

 (c) Program criteria. - The program includes the following criteria:

 (1) Collection of the co-payment by pharmacies is mandatory;

 (2) Senior citizens participating in the program are not required to maintain records of each transaction but shall sign a receipt for eligible and additional drugs;

 (3) (i) A system of rebates or reimbursements to the consumer for pharmaceutical expenses is prohibited;

 (ii) This subdivision shall not be interpreted to exclude other consumers from receiving financial offers or redeemable coupons that are available to only those who have paid for the service or product through direct cash payment, insurance premiums, or cost sharing with an employer.

 (4) Prescription benefits for any single prescription may be dispensed in the amounts authorized by the physician, and agreed to by the consumer, up to a maximum of a one hundred (100) day supply or two hundred (200) doses, whichever is less and/or a one hundred (100) day supply or one quart of liquid, whichever is less; provided, however, that disposable insulin syringes are dispersed in a quantity of one hundred (100);

 (5) Experimental drugs are excluded from the program;

 (6) A system of mail order delivery for prescriptions is allowed under this program; and

 (7) Eligible and additional drugs must be dispensed within one year of the original prescription order.

 (d) The director shall issue an eligibility card containing a program ID number and the time period for which the card is valid.

 (e) The director shall institute and conduct an educational outreach program and shall provide a mechanism, within the department, to handle all public inquiries concerning the program.

 (f) The director shall establish a process, in accordance with the Administrative Procedures Act, chapter 35 of this title, to provide an appeals hearing on the determination of eligibility.

 (g) The director shall forward to the contractor a list of all eligible consumers.

 (h) Expenditures for multiple sclerosis drugs shall not exceed thirty thousand dollars ($30,000.00).

 

SECTION 2. This article shall take effect on July 1, 2006.

 

ARTICLE 10 SUBSTITUTE A

 

Relating To SUBMIT TO CHEMICAL TEST

 

SECTION 1. Section 31-27-2 of the General Laws in Chapter 31-27 entitled “Motor and Other vehicles” is hereby amended to read as follows:

 

31-27-2.1. Refusal to submit to chemical test. – (a) Any person who operates a motor vehicle within this state shall be deemed to have given his or her consent to chemical tests of his or her breath, blood, and/or urine for the purpose of determining the chemical content of his or her body fluids or breath. No more than two (2) complete tests, one for the presence of intoxicating liquor and one for the presence of toluene or any controlled substance, as defined in § 21-28-1.02(7), shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving a motor vehicle within this state while under the influence of intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or any combination of these. The director of the department of health is empowered to make and file with the secretary of state, regulations which prescribe the techniques and methods of chemical analysis of the person's body fluids or breath and the qualifications and certification of individuals authorized to administer the testing and analysis.

(b) If a person for religious or medical reasons cannot be subjected to blood tests, the person may file an affidavit with the division of motor vehicles stating the reasons why he or she cannot be required to take blood tests, and a notation to this effect shall be made on his or her license. If that person is asked to submit to chemical tests as provided under this chapter, the person shall only be required to submit to chemical tests of his or her breath or urine. When a person is requested to submit to blood tests, only a physician or registered nurse or a medical technician certified under regulations promulgated by the director of the department of health may withdraw blood for the purpose of determining the alcoholic content in it. This limitation shall not apply to the taking of breath or urine specimens. The person tested shall be permitted to have a physician of his or her own choosing and at his or her own expense administer chemical tests of his or her breath, blood, and/or urine in addition to the tests administered at the direction of a law enforcement officer. If a person having been placed under arrest refuses upon the request of a law enforcement officer to submit to the tests, as provided in § 31-27-2, none shall be given, but a judge of the traffic tribunal, upon receipt of a report of a law enforcement officer: that he or she had reasonable grounds to believe the arrested person had been driving a motor vehicle within this state under the influence of intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or any combination of these; that the person had been informed of his or her rights in accordance with § 31-27-3; that the person had been informed of the penalties incurred as a result of noncompliance with this section; and that the person had refused to submit to the tests upon the request of a law enforcement officer; shall promptly order that the person's operator's license or privilege to operate a motor vehicle in this state be immediately suspended and that the person's license be surrendered within five (5) days of notice of suspension. A traffic tribunal judge pursuant to the terms of subsection (c) of this section shall order as follows:

(1) Impose for the first violation a fine in the amount of two hundred dollars ($200) to five hundred dollars ($500) and shall order the person to perform ten (10) to sixty (60) hours of public community restitution. The person's driving license in this state shall be suspended for a period of three (3) months to six (6) months. The traffic tribunal judge shall require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment for the individual.

(2) Impose for a second violation within a five (5) year period a fine in the amount of three hundred dollars ($300) to five hundred dollars ($500), and the person's driving license in this state shall be suspended for a period of one year to two (2) years. The traffic tribunal judge shall require alcohol and/or drug treatment for the individual.

(3) Impose for a third or subsequent violation within a five (5) year period a fine of four hundred dollars ($400) to five hundred dollars ($500), and the person's operator's license in this state shall be suspended for a period of two (2) years to three (3) years. The traffic tribunal judge shall require alcohol or drug treatment for the individual. Provided, that prior to the reinstatement of a license to a person charged with a third or subsequent violation within a three (3) year period, a hearing shall be held before a traffic tribunal judge. At the hearing the traffic tribunal judge shall review the person's driving record, his or her employment history, family background, and any other pertinent factors that would indicate that the person has demonstrated behavior which warrants the reinstatement of his or her license.

(4) For purposes of determining the period of license suspension, a prior violation shall constitute any charge brought and sustained under the provisions of this section or § 31-27-2.

(5) In addition to any other fines, a highway safety assessment of five hundred dollars ($500) shall be paid by any person found in violation of this section, the assessment to be deposited into the general fund. The assessment provided for by this subsection shall be collected from a violator before any other fines authorized by this section.

(6) In addition to any other fines and highway safety assessments, a two hundred dollar ($200) assessment shall be paid by any person found in violation of this section to support the department of health’s chemical testing programs outlined in §31-27-2 (4), which shall be deposited as general revenues, not restricted receipts.

(6) (7) No fines, suspensions, assessments, alcohol or drug treatment programs, course on driving while intoxicated or under the influence of a controlled substance, or public community restitution provided for under this section, can be suspended.

(c) Upon suspending or refusing to issue a license or permit as provided in subsection (a) of this section, the traffic tribunal shall immediately notify the person involved in writing, and upon his or her request, within fifteen (15) days shall afford the person an opportunity for a hearing as early as practical upon receipt of a request in writing. Upon a hearing the traffic tribunal judge may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers. If the traffic tribunal judge finds after the hearing that: (1) the law enforcement officer making the sworn report had reasonable grounds to believe that the arrested person had been driving a motor vehicle within this state while under the influence of intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or any combination of these; (2) the person while under arrest refused to submit to the tests upon the request of a law enforcement officer; (3) the person had been informed of his or her rights in accordance with § 31-27-3; and (4) the person had been informed of the penalties incurred as a result of noncompliance with this section; the traffic tribunal judge shall sustain the violation. The traffic tribunal judge shall then impose the penalties set forth in subsection (b) of this section. Action by the traffic tribunal judge must be taken within seven (7) days after the hearing, or it shall be presumed that the traffic tribunal judge has refused to issue his or her order of suspension.

(d) For the purposes of this section, any test of a sample of blood, breath, or urine for the presence of alcohol which relies in whole or in part upon the principle of infrared light absorption is considered a chemical test.

(e) If any provision of this section or the application of any provision shall for any reason be judged invalid, the judgment shall not affect, impair, or invalidate the remainder of the section, but shall be confined in this effect to the provisions or application directly involved in the controversy giving rise to the judgment.

 

SECTION 2.  This article shall take effect on July 1, 2006.

 

 

ARTICLE 11 SUBSTITUTE A

 

RELATING TO RESTRICTED RECEIPT ACCOUNTS

 

SECTION 1.  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 ten percent (10%) 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: (1) from contributions from non-profit charitable organizations; (2) from the assessment of indirect cost recovery rates on federal grant funds; or (3) through transfers from state agencies to the department of administration for the payment of debt service. 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:

Department of Human Services

            Veterans' home – Restricted account

            Veterans' home – Resident benefits

            Organ transplant fund

            Veteran’s Cemetery Memorial Fund

Department of Environmental Management

            National heritage revolving fund

            Environmental response fund II

            Underground storage tanks

Rhode Island Council on the Arts

            Art for public facilities fund

Rhode Island Historical Preservation and Heritage Commission

            Historic preservation revolving loan fund

            Historic Preservation loan fund – Interest revenue

State Police

            Forfeited property – Retained

            Forfeitures – Federal

            Forfeited property – Gambling

Attorney General

            Forfeiture of property

            Federal forfeitures

            Attorney General multi-state account

Department of Administration

            Restore and replacement – Insurance coverage

            Convention Center Authority rental payments

            Investment Receipts – TANS

            Car Rental Tax/Surcharge-Warwick Share

Legislature

            Audit of federal assisted programs

Department of Elderly Affairs

            Pharmaceutical Rebates Account

Department of Children Youth and Families

            Children’s Trust Accounts – SSI

Military Staff

            RI Military Family Relief Fund

Treasury

            Admin. Expenses – State Retirement System

            Retirement – Treasury Investment Options

 

SECTION 2.  This article shall take effect upon passage.

 

 

ARTICLE 12 SUBSTITUTE A

 

RELATING TO GENERAL PUBLIC ASSISTANCE - HARDSHIP ASSISTANCE FUND

 

SECTION 1. Hardship Contingency Fund – FY 2006 Revised – Out of the general revenue sum appropriated to the department of human services in Article 1 for general public assistance, the sum of nine hundred one thousand five hundred eighty nine dollars ($901,589) may be used as a hardship contingency fund for the purposes and subject to the limitations hereinafter provided; said revised funding level being two hundred seventy one thousand one hundred ten dollars ($271,110) greater than the FY 2006 enacted levels.  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 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 his or her disbursement of the contingency fund created hereby.

SECTION 2. Hardship Contingency Fund – FY 2007 – Out of the general revenue sum appropriated to the department of human services in Article 1 for general public assistance, the sum of eight hundred seventy three thousand nine hundred forty dollars ($873,940) may be used as a hardship contingency fund for the purposes and 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 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 his or her disbursement of the contingency fund created hereby.

SECTION 2.  This article shall take effect as of July 1, 2006.

 

ARTICLE 13 SUBSTITUTE A

 

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, 2005, the period from October 1, 2003 through September 30, 2004.

(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, 2005 shall be deemed to be five and eighty-five hundredths percent (5.85%), and that the uncompensated care index for the payment year ending September 30, 2006 shall be deemed to be five and fifty hundredths percent (5.50%). , and that the uncompensated care index for the payment year ending September 30, 2007 shall be deemed to be five and forty seven hundredths percent (5.47%).

 

§ 40-8.3-3.  Implementation. – (a) For the fiscal year commencing on October 1, 20056 and ending September 30, 2006 2007, the department of human services shall submit to the Secretary of the U.S. Department of Health and Human Services a state plan amendment to the Rhode Island Medicaid state plan for disproportionate share hospital payments (DSH Plan) to provide:

(1) Disproportionate share hospital payments to all participating hospitals not to exceed an aggregate limit of $97.8 million, to be allocated by the department to the Pool A, Pool C and Pool D components of the DSH Plan;

(2) That the Pool D allotment shall be distributed among the participating hospitals in direct proportion to the individual participating hospitals uncompensated care costs for the base year inflated by the uncompensated care index to the total uncompensated care costs for the base year inflated by uncompensated care index for all participating hospitals. The disproportionate share payments shall be made on or before December 15, 2005   July 16, 2007 and are expressly conditioned upon approval on or before December 8, 2005 July 9, 2007 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 2006 2007 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 related to graduate medical education programs.

 

SECTION 2.  This article shall take effect upon passage.

 

ARTICLE 14 SUBSTITUTE A

 

RELATING TO CHILD CARE -- STATE SUBSIDIES

 

SECTION 1.  Section 40-6.2-1.1 of the General Laws in Chapter 40-6.2 entitled “Child Care- State Subsidies” is hereby amended to read as follows:

 

§ 40-6.2-1.1. Rates Established. -- (a) Subject to the payment limitations in section (b), the maximum reimbursement rates to be paid by the Departments of Human Services and Children, Youth and Families for licensed child care centers and certified family-child care providers shall be based on the following schedule of the 75th percentile of weekly market rates:

 

LICENSED                              75th  PERCENTILE            

CHILD CARE                          OF WEEKLY                  

CENTERS                               MARKET   RATE     

                                     

INFANT                                  $182.00

PRESCHOOL                          $150.00

SCHOOL-AGE                        $135.00

 

CERTIFIED                             75th                      

FAMILY                                  PERCENTILE  

CHILD CARE                          OF WEEKLY  

PROVIDERS                           MARKET  RATE      

                                                    

INFANT                                  $150.00

PRESCHOOL                          $150.00

SCHOOL-AGE                        $135.00

 

(b) The department shall pay child care providers based on the lesser of the applicable rate specified in section (a), or the lowest rate actually charged by the provider to any of its public or private child care customers with respect to each of the rate categories, infant, preschool and school-age.

(c) By June 30, 2004 and biennially thereafter, the Department of Labor and Training shall conduct an independent survey or certify an independent survey of the then current weekly market rates for child care in Rhode Island and shall forward such weekly market rate survey to the Department of Human Services. The Departments of Human Services and Labor and Training will jointly determine the survey criteria including, but not limited to, rate categories and sub-categories. The 75th percentile of weekly market rates in the table in subsection (a) shall be adjusted by the surveys conducted under this subsection, beginning January 1, 2006 and biennially thereafter; provided, however, that the weekly market rates in the table in subsection (a) shall be adjusted by the 2004 2006 market rate survey beginning July 1, 2006 2007. For the purposes of this section, and until adjusted in accordance with this subsection, the 75th percentile of weekly market rate shall mean the 2002 Department of Human Services Child Care Market Survey.

(d) The department of human services is authorized and directed to establish rates of reimbursement for appropriate child care provided to children older than twelve (12) years of age, so as to implement the provisions of § 40- 5.1-17(b).

 (e) In order to expand the accessibility and availability of quality child care, the department of human services is authorized to establish by regulation alternative or incentive rates of reimbursement for quality enhancements, innovative or specialized child care and alternative methodologies of child care delivery, including non-traditional delivery systems and collaborations.

 

SECTION 2.  This article shall take effect as of July 1, 2006.

 

ARTICLE 15 SUBSTITUTE A

 

RELATING TO NURSING FACILITIES

 

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. § 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. § 1396 et seq., of the Social Security Act.

(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, except for the fiscal year beginning July 1, 2006 for which the price index shall be applied on February 1, 2007.

(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) above. 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 September 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) above; provided, however, that no facility shall receive a payment as of September 1, 2004 for property-related expenses pursuant to the fair rental value system that is less than the property-related payment they would have received for the other property-related ("OPR") cost center system in effect as of June 30, 2004.

 

SECTION 2. Chapter 40-8 of the General Laws entitled  "Medical Assistance" is hereby amended by adding thereto the following section:

 

40-8-20.1. Prospective 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:

(a) Demonstrated errors made during the rate determination process;

(b) 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;

(c) 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;

(d 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; or

(e) 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 sections (2) and (3); provided, additional requests involving a per diem increase in excess of one percent 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 sections (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, further, 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. This article shall take effect upon passage.

 

ARTICLE 16 SUBSTITUTE A

 

Relating To Municipal Tipping Fees

 

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, 2005 2006 to June 30, 2006 2007.

 

SECTION 2. This article shall take effect as of July 1, 2006.

 

ARTICLE 17 SUBSTITUTE A

 

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 fifty-two million four hundred thirty-eight thousand five hundred thirty-two dollars ($52,438,532).

(ix) For the fiscal year ending June 30, 2006, the total amount of aid shall be based upon three percent (3.0%) 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 four-tenths percent (3.4%)  of total state tax revenues in the reference year Sixty-four million six hundred ninety-nine thousand three dollars ($64,699,003).

(xi) For the fiscal year ending June 30, 2008, 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.

 (xii) For the fiscal year ending June 30, 2009, 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.

(xiii) For the fiscal year ending June 30, 2010, 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.

(xiv) For the fiscal year ending June 30, 2011, 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 upon passage.

 

 

ARTICLE 18 SUBSTITUTE A

 

Relating To Licensing of Hospital 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 three and fifty-six hundredths percent (3.56%) upon the net patient services revenue of every hospital for the hospital's first fiscal year ending on or after January 1, 2004. 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 December 15, 2005   July 16, 2007 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 November 30, 2005   June 15, 2007 make a return to the tax administrator containing the correct computation of net patient services revenue for the hospital fiscal year ending September 30, 2003  September 30, 2004, 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, 2006 and shall apply to hospitals, as defined in Section 1, which are duly licensed on July 1, 2006. The licensing fee imposed by Section 1 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.

 

ARTICLE 19 SUBSTITUTE A AS AMENDED

 

RELATING TO EDUCATION AID

 

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

 

  § 16-7-23.  Community requirements – Adequate minimum budget provision. – (a) The school committee's budget provisions of each community for current expenditures in each budget year shall provide for an amount from all sources sufficient to support the basic program and all other approved programs shared by the state. 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 subsection (a) of this section, and shall not in any event be deducted from the amount of the local appropriation required to meet the maintenance of effort provision in any given year.

 

SECTION 2.  Sections 16-7.1-5 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 2006 2007, 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.

 

 16-7.1-15. 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, adjusted to reflect the increases or decreases in aid enacted to meet the minimum and maximum funding levels established for FY 2000 through FY 2005 FY 2006. Each school district shall also receive school aid through each investment fund for which that district qualifies pursuant to §§ 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 2007, the reference year for the data used in the calculation of aid pursuant to §§16-7.1-8, 16-7.1-9, 16-7.1-10, 16-7.1-11, 16-7.1-12, and 16-7.1-16 shall be FY 2004.  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 2006 FY 2007 under this section and §§ 16-7.1-11.1, 16-64-1.1 and 16-77.1-2(b) shall be as follows:

 

Barrington                        2,479,907                                        2,599,526

Burrillville                        13,145,661                                      13,779,743

Charlestown                      1,910,676                                       2,002,838

Coventry                         19,151,316                                      20,075,081

Cranston                         33,943,638                                      35,580,911

Cumberland                     12,646,981                                      13,257,009

East Greenwich                 1,860,042                                        1,949,761

East Providence               25,530,776                                       26,762,254

Foster                              1,351,283                                       1,416,463

Glocester                          3,065,960                                       3,213,847

Hopkinton                        5,954,153                                       6,241,352

Jamestown                          507,432                                          531,908

Johnston                          10,413,088                                      10,915,364

Lincoln                              7,062,603                                        7,403,268

Little Compton                     351,839                                          368,810

Middletown                     10,014,086                                       10,497,116

Narragansett                     1,809,860                                       1,897,159

Newport                          11,253,278                                      11,796,080

New Shoreham                   101,451                                           106,345

North Kingstown            11,434,463                                       11,986,005

North Providence            12,623,955                                      13,232,872

North Smithfield               4,611,787                                        4,834,237

Pawtucket                      63,782,029                                       66,858,559

Portsmouth                        5,962,443                                        6,250,042

Providence                    185,048,912                                    193,974,756

Richmond                         5,903,843                                        6,188,615

Scituate                             3,250,400                                        3,407,183

Smithfield                          5,407,726                                        5,668,568

South Kingstown               9,948,816                                       10,428,698

Tiverton                            5,659,091                                        5,932,058

Warwick                         35,894,621                                       37,626,000

Westerly                           6,528,189                                        6,843,077

West Warwick                19,499,965                                       20,440,547

Woonsocket                    45,425,511                                       47,616,613

Bristol-Warren                 19,554,956                                      20,498,190

Exeter-West Greenwich    7,308,493                                       7,661,019

Chariho                              380,004                                           398,334

Foster-Glocester                5,466,199                                       5,729,861

Central Falls                    41,319,965                                       43,313,036

 

This special provision shall not limit entitlements as determined by application of other formula provisions in this section.

(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 3.  Section 16-64-1.1 of the General Laws in Chapter 16-64 entitled “Residence for Children for School Purposes” is hereby amended to read as follows:

 

§ 16-64-1.1.  Payment and reimbursement for educational costs of children placed in foster care, group homes, or other residential facility by a Rhode Island state agency.—

 (a) Children placed in foster care by a Rhode Island licensed child placing agency or a Rhode Island governmental agency shall be entitled to the same free appropriate public education provided to all other residents of the city or town where the child is placed. The city or town shall pay the cost of the education of the child during the time the child is in foster care in the city or town.

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

    (1) On June 30 of each year the DCYF shall provide the department of elementary and secondary education with a precise count of how many group home or other residential facility "beds" exist in each Rhode Island city or town, counting only those "beds" in facilities that do not include the delivery of educational services. The number of "beds" in each group home or other residential facility shall be equal to the maximum number of children that may be placed in that group home or other residential facility on any given night according to the applicable licensure standards of the DCYF.  This notification shall also include an estimate of the number of group home beds by city or town that are projected to be licensed by DCYF between July 1 and December 31 of each year.

    (2) On June 30 of each year the DCYF shall provide the department of elementary and secondary education with a precise count of the total number of students aged three (3) to twenty-one (21) in DCYF care on that date who reside in group homes in the state of Rhode Island, as well as an accurate accounting of the percentage of those children that are eligible for special education and related services pursuant to the Individuals with Disabilities Education Act [20 U.S.C. § 1400 et seq.] as of that date;

    (3) Each city or town shall receive state education aid in an amount equal to the number of group home or other residential facility "beds" in that community multiplied by a per pupil rate, subject to appropriation, intended to reflect the average cost per pupil based on the blend of regular education and special education students in group homes as derived from figures supplied on June 30 of the reference year as defined in § 16-7-16(11).  Each city or town shall receive an additional per pupil rate for beds certified by DCYF as licensed between July 1 and December 31 of each year.  Any city or town may petition the commissioner of elementary and secondary education for additional state education aid pursuant to this section in any year in which the total number of group home or other residential facility "beds" is increased by more than five (5) in any annual cycle.

    (4) The general assembly shall annually appropriate a sum sufficient to distribute to each city or town the aid required by this subsection based upon the DCYF count provided on June 30 of the reference year as defined in § 16-7-16(11) and that aid shall be distributed by the department of elementary and secondary education. For an appropriation to be made for payments to be made for the 2001-2002 school year the DCYF shall establish a count as required in this subsection upon passage of this legislation [July 5, 2001]. This count shall be determined based on the group home and other residential facility "beds" in existence in each community as of December 31 of the preceding year.

(5) For fiscal year 2007, aid received pursuant to this section shall be equal to aid received in the fiscal year 2006 enacted budget. However, notwithstanding the language in subsection 3 limiting requests for additional aid to the year in which facility "beds" have increased by more than five (5) in that annual cycle, communities may, pursuant to subsection 3, petition in the fiscal year 2007 for additional aid based upon an increase of more than five (5) "beds" subsequent to the passage of the fiscal year 2006 budget enacted by the 2005 General Assembly.

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

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

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

    (2) The facility is state-licensed; and

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

 

SECTION 4. Chapter 16-22 of the General Laws entitled "Mathematics and English-language arts" is hereby amended as follows:

 

§16-22-23.  Mathematics and English-language arts. Mathematics, English/Language Arts, and Science. – (a) The board of regents for elementary and secondary education shall select and/or develop a statewide curriculum (i) in Mathematics and English/Language Arts for students in grades kindergarten (k) through twelve (12) by August 31, 2006 and (ii) in Science for students in grades kindergarten (k) through twelve (12) by August 31, 2008.

(b) The curriculum selected and/or developed by the board of regents shall:

(1) Be aligned with state standards and assessments utilized by the state department of elementary and secondary education;

(2) Contain sufficient detail to guide teachers in planning lessons aligned with state standards and assessments.

(c) By November 1, 20046, the commissioner of elementary and secondary education shall prepare an outline for development and implementation of the science curriculum utilizing appropriate groups and then shall convene a Mathematics curriculum advisory committee and an English/Language Arts  science curriculum advisory committee for the purpose of developing recommended curriculum to the board of regents for elementary and secondary education. Each The science advisory committee shall include teachers, representatives of teacher unions, administrators, curriculum directors, school committee members, and experts designated by the commissioner.

 

SECTION 5. Section 16-7-29 of the General Laws in Chapter 16-7 entitled "Foundation Level School Support" is hereby amended to read as follows:

 

16-7-29. Minimum salary schedule established by community. -- (a) Every community shall establish and put into full effect by appropriate action of its school committee a salary schedule recognizing years of service, experience, and training for all certified personnel regularly employed in the public schools and having no more than twelve (12) annual steps. provided, however, that any salary supplement required under section 16-25.3-2 shall not be considered a step for the purposes of this section.  The term "school year" as applied to the salary schedule means the ten (10) calendar months beginning in September and ending the following June.

 (b) Nothing in this section shall prohibit a freeze or reduction of the monetary value of the steps in the salary schedule through the collective bargaining process.

 

SECTION 6. Section 16-25.3-2 of the General Laws in Chapter 16-25.3 entitled "School Speech and Language Pathologists" is hereby amended to read as follows:

 

16-25.3-2. Employment of speech language pathologists. -- (a) Each school district is encouraged by the general assembly to employ one full time certified speech language pathologist for every forty (40) students who receive speech language services within the age range of three (3) to twenty-one (21). In cases where the number of students receiving speech language services is above forty (40), the school district is encouraged to employ a speech language pathologist on a part time pro-rata basis.

 (b) When a speech and language evaluation or the provision of speech language services are being considered or are part of the student's program the speech language pathologist shall be a member of the multidisciplinary team.

 (c) In the event an individual seeks emergency certification from the department of elementary and secondary education in the area of speech language pathology, the individual must meet the following minimum requirements before the granting of emergency certification by the department of elementary and secondary education:

 (1) Hold a bachelor's degree in communicative disorders from an accredited college or university;

 (2) Have successfully completed no less than eighteen (18) hours of graduate credit in the area of speech language pathology.

 (d) Individuals under emergency certification to conduct the business of a speech language pathologist shall be under the direct supervision of a certified speech language pathologist. At no time shall a certified speech language pathologist supervise more than one emergency certified speech language pathologist.

(e) Any licensed speech language pathologist who has met the requirements and acquired a Certificate of Clinical Competence from the American Speech-Language-Hearing Association, and who is employed by a school district, shall be entitled to receive an annual salary supplement of one thousand seven hundred fifty dollars ($1,750), in addition to any other compensation to which the employee may be entitled.

Any licensed speech language pathologist who has met the requirements and acquired a Certificate of Clinical Competence from the American Speech-Language-Hearing Association shall submit documentation to the department of education, and to the local school district by December 1, in order to be eligible to receive the salary supplement in the next immediate school year, except for the school year 2007, in which documentation shall be submitted to the department of education and the local school district by October 1 in order to be eligible to receive the salary supplement in that school year.  The department of education shall, within thirty (30) days, notify the school district if the documentation provided by the employee is inadequate to show proof of certification, thereby rendering the employee ineligible for the salary supplement in the next immediate school year; provided, however, that if the employee provides additional information, with fifteen (15) days of notification of ineligibility, verifying certification, that employee shall be entitled to receive the salary supplement in the next immediate school year.

(f) Local school districts shall be reimbursed by the state for costs attributable to the salary supplements provided for in this act.

 

SECTION 7. Section 16-7.1-11.1 of the General Laws in Chapter 16-7.1 entitled "The Rhode Island Student Investment Initiative" is hereby amended to read as follows:

 

16-7.1-11.1. Full day kindergarten investment fund. -- (a) Beginning in fiscal year 2001, the general assembly shall appropriate and distribute to each locally or regionally operated district a sum equal to the number of full-time kindergarten students reported as a member of each district as of the reference year as defined in section 16-7-16(11) times a per pupil amount, which shall be:

 (1) Fifteen hundred dollars ($1,500) for those districts with a tax effort index of below 0.6 as calculated pursuant to section 16-7.1-6;

 (2) One thousand dollars ($1,000) for those districts with a tax effort index of below 1.0 as calculated pursuant to section 16-7.1-6; and

 (3) Five hundred dollars ($500) for all other districts.

 (b) Funding under this section shall be in addition to any and all other aid received by the district, including aid received under this chapter, chapter 77.1 of this title, and any minimum increase of aid provided for under section 16-7.1-15.

(c) For fiscal year 2007, aid received pursuant to this section shall be equal to aid received in the fiscal year 2006 enacted budget by the 2005 general assembly.

 

SECTION 8. Section 16-77.1-2 of the General Laws in Chapter 16-77.1 entitled "Funding of Charter Public Schools" is hereby amended to read as follows:

 

16-77.1-2. Operating costs. -- (a) Operating costs of a charter public school shall be the total of the per pupil payments for each student attending the charter public school. The per pupil payment for each student shall be determined based on the per pupil cost for the district of residence of each student. The state's share of the per pupil amount for each student attending the charter public school shall be paid by the state directly to the charter public school and shall be the percent, or share ratio, previously calculated under chapter 7 of this title; provided, that in no case shall the ratio be less than thirty percent (30%), minus the five percent (5%) of per pupil cost designated for indirect cost support to the student's school district as defined in subsection (b). The five percent (5%) indirect cost amount shall be deducted from the district per pupil cost before the state share is derived by applying the share ratio to the district per pupil cost. The local share of the per pupil amount for each student attending the charter public school shall be paid to the charter public school by the district of residence of the student and shall be the per pupil cost for the district of residence of the student minus the state share of that per pupil cost as designated in this section.

 (b) In addition to all state aid to education paid to a local district pursuant to chapter 7.1 of this title, the state will pay an additional amount to the district for each student from this district who is attending a charter public school. The additional amount of state aid per pupil shall be five percent (5%) of the districts per pupil cost. The additional state aid shall be for the purpose of assisting local school districts to undertake the indirect costs borne by a district when its student attends a charter public school.

 (c) The state department of elementary and secondary education shall annually determine both the state and local share of each charter public school's operating costs by deriving the respective shares associated with each student reported as a member of the charter public school as of June 30 of the reference year as defined in section 16-7-16(11) (or the enrollment as of October 1 of the current school year in the first year of operation of a charter school). All other data used in this determination shall be based upon the reference year as defined in section 16-7-16(11).

 (d) The state shall make payments of its share of operating costs to each charter public school on a quarterly basis in July, October, January, and April. The July and October payments will be based upon the reported student membership of the charter public school as of June 30 of the reference year as defined in section 16-7-16(11) (or the enrollment as of October 1 of the current school year in the first year of operation of a charter school). Charter public schools will report current student enrollment, including district of residence for school purposes of each student enrolled, and each district will report current total district operating expenses and total district enrollments (including district students enrolled in charter public schools) annually by October 1. If the October 1 data on a charter public school's student enrollment show a ten percent (10%) or greater increase or decrease in students from the June membership count, the third and fourth quarter payments to the charter public school will be adjusted to reflect actual student enrollment in the charter public school.

 (e) Local district payments to charter public schools for each district's students enrolled in the charter public school shall also be made quarterly as designated in subsection (d); the first local district payment shall be made by August 15 instead of July. Any local school district more than thirty (30) days in arrears on a quarterly payment for its student(s) enrolled in a charter public school shall have the amount of the arrearage deducted from state aid to that district and the withheld arrearage shall be paid by the state directly to the charter public school.

 (f) Local school districts with student(s) enrolled in a charter public school shall continue to report these students in the total census of district public school students and will receive state aid for all these students pursuant to the provisions of chapter 7.1 of this title.

 (g) All entitlements except those provided for in section 16-24-6.2 shall be ratably reduced if less than one hundred percent (100%) of the expenditures is appropriated.

(h) For fiscal year 2007, the indirect aid paid to districts pursuant to this section shall equal the amount received in the fiscal year 2006 enacted budget by the 2005 general assembly.

 

SECTION 9. 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. – (a) 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 reference year as defined in section 16-7-16. The 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 career and technical education system as approved by the department of elementary and secondary education.

(b) For fiscal year 2007, aid received pursuant to this section shall be equal to aid received in the fiscal year 2006 enacted by the 2005 general assembly.

 

SECTION 10. This article shall take effect upon passage.

 

 

ARTICLE 20 SUBSTITUTE A

 

relating to issuance of license upon payment of taxes

 

SECTION 1.  Section 5-76-4 of the General Laws in Chapter 5-76 entitled “Issuance of License Upon Payment of Taxes” is hereby amended to read as follows:

 

5-76-4.  Notice of intent to inform agency. – (a) If within ninety (90) days prior to the renewal date of a license the tax administrator determines from the information furnished pursuant to § 5-76-3, or otherwise, that any person who holds a license issued by any agency has neglected or refused to file any tax returns or to pay any tax administered by the tax administrator and that such tax matter is not pending administrative or appellate review, the tax administrator shall send a written notice to such person informing him/her of the tax administrator's intention to request such agency or authority not to renew such license upon expiration thereof.

 (b) Within twenty-one (21) days from the date of such notice, the licensee may request in writing a conference with the tax administrator or his/her designee, in order to show proof of payment of all taxes or for the purpose of entering into a time payment agreement for the delinquent taxes that is satisfactory to the tax administrator.

   (c) If upon the expiration of twenty-one (21) days from the date of the notice to the licensee, or, if a conference has been requested, after a conference has been held the licensee has not demonstrated to the satisfaction of the tax administrator that he/she has filed all required returns and paid all required taxes, or that the licensee has not entered into time payment arrangement satisfactory to the tax administrator, the tax administrator shall notify the agency or authority in writing that the licensee is delinquent in filing tax returns and/or remitting taxes due. The tax administrator shall send a copy of the notification to the licensee.

 

SECTION 2.  This article shall take effect upon passage.

 

ARTICLE 21 SUBSTITUTE A

 

Relating To TAX AMNESTY

 

SECTION 1.     Title 44 of the General Laws entitled “Taxation” is hereby amended by adding thereto the following chapter:

 

CHAPTER 6.3

2006 RHODE ISLAND TAX AMNESTY ACT

 

44-6.3-1. Short title. -- This chapter shall be known as the "2006 Rhode Island Tax Amnesty Act". 

 

44-6.3-2. Definitions. -- As used in this chapter, the following terms have the meaning ascribed to them in this section, except when the context clearly indicates a different meaning:

(1) "Taxable period" means any period for which a tax return is required by law to be filed with the tax administrator;

(2) "Taxpayer" means any person, corporation, or other entity subject to any tax imposed by any law of the state of Rhode Island and payable to the state of Rhode Island and collected by the tax administrator.

 

44-6.3-3. Establishment of tax amnesty. -- (a) The tax administrator shall establish a tax amnesty program for all taxpayers owing any tax imposed by reason of or pursuant to authorization by any law of the state of Rhode Island and collected by the tax administrator. Amnesty tax return forms shall be prepared by the tax administrator and shall provide that the taxpayer clearly specify the tax due and the taxable period for which amnesty is being sought by the taxpayer.

(b) The amnesty program shall be conducted for a seventy-five (75) day period ending on September 30, 2006. The amnesty program shall provide that, upon written application by a taxpayer and payment by the taxpayer of all taxes and interest due from the taxpayer to the state of Rhode Island for any taxable period ending prior to December 31, 2005, the tax administrator shall not seek to collect any penalties which may be applicable and shall not seek the civil or criminal prosecution of any taxpayer for the taxable period for which amnesty has been granted. Amnesty shall be granted only to those taxpayers applying for amnesty during the amnesty period who have paid the tax and interest due upon filing the amnesty tax return, or who have entered into an installment payment agreement for reasons of financial hardship and upon terms and conditions set by the tax administrator. In the case of the failure of a taxpayer to pay any installment due under the agreement, such an agreement shall cease to be effective and the balance of the amounts required to be paid thereunder shall be due immediately. Amnesty shall be granted for only the taxable period specified in the application and only if all amnesty conditions are satisfied by the taxpayer.

(c) The provisions of this section shall include a taxable period for which a bill or notice of deficiency determination has been sent to the taxpayer and a taxable period in which an audit has been completed but has not yet been billed.

(d) Amnesty shall not be granted to taxpayers who are under any criminal investigation or are a party to any civil or criminal proceeding, pending in any court of the United States or the state of Rhode Island, for fraud in relation to any state tax imposed by the law of the state and collected by the tax administrator.

 

44-6.3-4. Interest under tax amnesty. -- Notwithstanding any general or specific statute to the contrary, interest on any taxes paid for periods covered under the amnesty provisions of this chapter shall be computed at the rate of twelve percent (12%) annually from the due date to the time of payment.

 

44-6.3-5. Appropriation.There is hereby appropriated, out of any money in the treasury not otherwise appropriated for the 2007 fiscal year, the sum of two hundred thousand dollars ($200,000) to the division of taxation to carry out the purposes of this chapter. The state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of the sum or so much thereof as may be required from time to time and upon receipt by him of properly authenticated vouchers.

 

44-6.3-6. Implementation. -- Notwithstanding any provision of law to the contrary, the tax administrator may do all things necessary in order to provide for the timely implementation of this chapter, including but not limited to procurement of printing and other services and expenditure of appropriated funds as provided for in § 44-6.3-5. 

 

44-6.3-7. Disposition of monies. --  (a) Except as provided in subsection (b) within, all monies collected pursuant to any tax imposed by the state of Rhode Island under the provisions of this chapter shall be accounted for separately and paid into the general fund.

(b) Monies collected for the establishment of the TDI Reserve Fund (§ 28-39-7), the Employment Security Fund (§ 28-42-18),the Employment Security Interest Fund (§ 28-42-75), the Job Development Fund (§ 28-42-83), and the Employment Security Reemployment Fund (§ 28-42-87) shall be deposited in said respective funds.

 

44-6.3-8. Analysis of amnesty program by tax administrator. -- The tax administrator shall provide an analysis of the amnesty program to the chairpersons of the house finance committee and senate finance committee, with copies to the members of the revenue estimating conference, by November 1, 2006. The report shall include an analysis of revenues received by tax source, distinguishing between the tax collected and interest collected for each source. In addition, the report shall further identify the amounts that are new revenues from those already included in the general revenue receivable taxes defined under generally accepted accounting principles and the state's audited financial statements. The auditor general shall include a review of this analysis as part of the activities involved in preparation of the combined annual financial report for fiscal year 2007.

 

44-6.3-9. Rules and Regulations. -- The tax administrator shall promulgate such rules and regulations as are necessary to implement the provisions of this chapter.

 

SECTION 2. Section 44-1-7 of the General Laws in Chapter 44-1 entitled “State Tax Officials” is hereby amended to read as follows:

 

44-1-7. Interest on delinquent payments. – (a) Whenever the full amount of any state tax or any portion or deficiency, as finally determined by the tax administrator, has not been paid on the date when it is due and payable, whether the time has been extended or not, there shall be added as part of the tax or portion or deficiency interest at the rate as determined in accordance with subsection (b) of this section, notwithstanding any general or specific statute to the contrary.

   (b) Each January 1 the tax administrator shall compute the rate of interest to be in effect for that calendar year by adding two percent (2%) to the prime rate, which was in effect on October 1 of the preceding year. In no event shall the rate of interest exceed twenty-one percent (21%) per annum nor be less than eighteen percent (18%) per annum.

   (c) "Prime rate" as used in subsection (b) of this section means the predominant prime rate quoted by commercial banks to large businesses as determined by the board of governors of the Federal Reserve System. In no event shall the rate of interest exceed twenty-one percent (21%) per annum nor be less than twelve percent (12%) per annum. The resultant sum is the interest rate referred to in subsection (a) of this section and in § 44-1-7.1.

 

SECTION 3.  Section 44-1-7.1 of the General Laws in Chapter 44-1 entitled “State Tax Officials” is hereby amended to read as follows:

 

44-1-7.1. Interest on overpayments. – (a) Each January 1 the tax administrator shall compute the rate of interest to be in effect for that calendar year by reference to the prime rate, which was in effect on October 1 of the preceding year.  The term “prime rate” shall mean the predominant prime rate quoted by commercial banks to large businesses as determined by the board of governors of the Federal Reserve System.

(b) Notwithstanding any general or specific statute to the contrary, overpayments of state taxes shall bear interest at the prime rate provided as defined in § 44-1-7.1(a) from the date the tax was paid, or from the date including any extensions of the date the tax became due, whichever of the dates occurs later.

   (b) (c) If any overpayment of state tax is refunded within ninety (90) days after the last date prescribed (or permitted by extension of time) for filing the return of the tax, or within ninety (90) days after the return is in fact filed, no interest shall be allowed under this section on the overpayment.

   (c) (d) For the purposes of this section, if any overpayment of state tax results from a carry-back of a net operating loss, the overpayment is deemed not to have been made prior to the close of the taxable year in which the net operating loss arises.

 

SECTION 4.   Sections 1 and 3 shall take effect as of July 1, 2006.  Section 2 shall take effect as of October 1, 2006.

 

ARTICLE 22 SUBSTITUTE A

 

Relating To Fuel Use Reporting Law

 

SECTION 1. Sections 31-36.1-1, 31-36.1-2, 31-36.1-3, 31-36.1-4, 31-36.1-5, 31-36.1-6, 31-36.1-7, 31-36.1-8, 31-36.1-9, 31-36.1-10, 31-36.1-11, 31-36.1-12, 31-36.1-13, 31-36.1-14, 31-36.1-15, 31-36.1-16, 31-36.1-17 and 31-36.1-18 31-36.1-19 of the General Laws in Chapter 31-36.1 entitled "FUEL USE REPORTING LAW" are hereby amended to read as follows:

 

31-36.1-1. Statement of purpose. -- The purpose of this chapter is to assure the payment of tax on fuel consumed by motor carriers in propelling qualified motor vehicles on the public highways in Rhode Island.

 

31-36.1-2. Definitions. -- Terms used in this chapter shall be construed to have the meanings provided for in section 31-36-1 and as follows:

 (1) "Administrator" means the tax administrator.

 (2) "Bond" means:

 (i) A bond duly executed by a motor carrier as principal with a corporate surety qualified under the provisions of the laws of this state, which bond shall be payable to this state, conditioned upon the basic performance of all requirements of this chapter, including the payment of all taxes, penalties and other obligations of the motor carrier arising out of this tax; or

 (ii) A deposit with the state treasury by the motor carrier under any terms and conditions that the administrator may prescribe, in like amount of lawful money of the United States or bonds, or other obligations of the United States, this state, or any county of this state, of an actual market value not less than the amount so fixed by the administrator.

(3) "Jurisdiction" means a state of the United States of America, the District of Columbia, a province or territory of Canada, or a state of the United Mexican States.

(4) "Motor carrier" means every person, association of persons, firm, or corporation, or any other legal entity, wherever resident or located, who operates or causes to be operated covered qualified motor vehicles on the public highways of this state.

 (3) (i) (5) "Covered Qualified motor vehicles" means a motor vehicle that is used, designed or maintained for transportation of persons or property and that:

 (A) Has Having two axles and a gross vehicle weight or registered gross vehicle weight exceeding twenty-six thousand pounds (26,000 lbs.) or 11,797 kilograms; or

 (B) Has Having three (3) or more axles regardless of weight; or

 (C) Is used in combination and the combined gross vehicle weight or registered gross vehicle weight, when the weight of such combination exceeds twenty-six thousand pounds (26,000 lbs.) or 11,797 kilograms gross vehicle or registered gross vehicle weight. Qualified motor vehicle does not include recreational vehicles.

 (ii) "Covered motor vehicle" does not include a recreation vehicle that is used exclusively for personal pleasure, and not used in connection with any trade or business, by an individual.

(6) "Recreational vehicle" means vehicles such as motor homes, pickup trucks with attached campers, and buses when used exclusively for personal pleasure by an individual. In order to qualify as a recreational vehicle, the vehicle shall not be used in connection with any business endeavor.

 (5) (7) "Use" means the consumption by a motor carrier of fuels in the propulsion of covered qualified motor vehicles over the highways of this state unless the fuel consumed is specifically excluded by law from the tax.

 

31-36.1-3. Motor carrier license and identification -- Temporary licenses. -- (a) Each carrier operating a qualified motor vehicle in two (2) or more jurisdictions shall apply to the administrator for a motor carrier fuel use license upon forms approved by the administrator and shall upon application, pay a license fee of ten dollars ($10.00). The license shall remain in effect until surrendered or revoked under the provisions of section 31-36.1-4. The tax administrator shall, in addition, provide identification devices in the quantity requested to each licensed motor carrier. One such device must be displayed on the left side exterior portion of each side of the cab of each covered qualified motor vehicle. The fee for each such identification device shall be ten dollars ($10.00) per qualified motor vehicle. Identification devices shall be issued each year by the administrator and shall be displayed on or before April March 1 provided, that this requirement shall only be enforced ninety (90) days following the availability of the identification devices in the office of the administrator.

 (b) The administrator may refuse to issue a license if the application for it:

 (1) Is filed by a motor carrier whose license at any time theretofore has been revoked by the administrator.

 (2) Contains any misrepresentation, misstatement, or omission of material information required by the application.

 (3) Is filed by some other motor carrier as a subterfuge of the real motor carrier in interest whose license or registration previously has been revoked for cause by the administrator.

 (4) Is filed by any motor carrier who is delinquent in the payment of any fee, tax, penalty, or other amount due the administrator for its account.

 The finding may be made by the administrator after granting the applicant a hearing of which the applicant shall be given ten (10) days notice in writing, and in which the applicant shall have the right to appear in person or by counsel and present testimony.

 (c) Temporary license. - Upon application to the administrator and payment of a fee of ten dollars ($10.00), an unlicensed motor carrier may obtain a temporary license which will authorize one covered qualified motor vehicle to be operated on the highways of this state, for a period not to exceed ten (10) days, without compliance with the fees imposed at in this section, the tax imposed at in section 31-36.1-5, and the bond required at in section 31-36.1-6.

 (d) The administrator may adopt rules and regulations specifying the conditions under which temporary licenses will be issued and providing for their issuance.

 

31-36.1-4. Motor carrier license and identification revocation. -- The administrator may revoke the license and identification devices of a motor carrier which refuses or neglects to comply with any provision of this chapter or any regulation pursuant to this chapter. Before revoking the license and identification devices, the administrator shall send notice by registered or certified mail to the licensee at his or her address of record ordering the licensee to appear in the office of the administrator on a date not less than ten (10) days after mailing the notice, and show cause why the licensee's license and identification devices should not be revoked.

 

31-36.1-5. Imposition of tax. -- There is levied and imposed upon motor carriers a tax at the rate specified in section 31-36-7, including the additional excise tax provision in it, on the use of fuel for the propulsion of covered qualified motor vehicles on the public highways within this state. The tax, with respect to fuel purchased instate, shall be paid at the time of purchase as provided in chapter 36 of this title. The tax, with respect to fuel purchased outside this state shall be paid when the quarterly reports returns required in section 31-36.1-11 are filed with the administrator.

 

31-36.1-6. Bond requirement. -- (a) The license required by section 31-36.1-3 shall not be issued until the applicant has filed with the administrator a surety bond on which the applicant shall be the principal obligor and the state be the obligee. The bond shall be in the sum of approximately two (2) times the highest quarterly fuel tax estimated by the administrator, but not exceeding ten thousand dollars ($10,000). The bond shall be conditioned upon the motor carrier faithfully complying with the provisions of this chapter, and the prompt filing of true reports and payments by the motor carrier of all fuel taxes and fees due under this chapter, together with all penalties and interest on it. The administrator may accept cash or other obligations as defined in section 31-36.1-2(2) in lieu of security.

 (b) If the liability upon a bond filed by a motor carrier with the administrator becomes discharged or reduced, whether by judgment rendered, payment made, or otherwise, the administrator may require the motor carrier to file a new bond, with satisfactory sureties, in the same amount, and upon failure to do so, the administrator shall immediately revoke the license of that motor carrier.

 (c) If a motor carrier fails or refuses to furnish additional bond as required by the administrator within thirty (30) days after written notice mailed to this address of record in the office of the administrator, its license shall immediately be revoked.

 (d) Notwithstanding provisions to the contrary, the tax administrator, pursuant to rules and regulations adopted by the tax administrator, in his or her discretion, may waive the bond requirements set forth in this section. require a motor carrier to post a bond. Such bond shall be consistent with the provisions of the International Fuel Tax Agreement.

 

31-36.1-7. Discharge of surety. -- Any surety on a bond furnished by a motor carrier shall be discharged from any liability to the state accruing on the bond after expiration of sixty (60) days from the date which the surety shall have filed with the administrator a written request to be released and discharged, but not from liability already accrued before the expiration of the sixty (60) day period. The administrator, upon receipt of the request, shall promptly notify the motor carrier who furnished the bond in question. Unless the motor carrier, prior to the expiration of the sixty (60) day period, files a new bond satisfactory to the administrator, the administrator shall immediately revoke the motor carrier's license and identification devices.

 

31-36.1-8. Records. -- (a) Each motor carrier shall make available in this state and retain for a period of not less than three (3) four (4) years, any records that may be prescribed and in the manner required by the administrator or the International Fuel Tax Agreement, as are reasonably necessary to substantiate the quarterly reports returns required by section 31-36.1-11. The administrator or the administrator's agents may examine the books, papers, records, and equipment of any motor carrier during normal business hours in order to determine whether the special motor fuel taxes due under this chapter are properly reported and paid. If the records required by this section are not maintained instate, the motor carrier shall either produce the records at a point instate for audit purposes, or provide transportation and reasonable substance for an auditor to audit the records at that point where the records are maintained by the motor carrier.

 (b) Each sale of fuel shall be recorded upon a pre-printed serial numbered invoice. A sales invoice shall contain the following information:

 (1) The name and address of the seller;

 (2) The name of the purchasing motor carrier;

 (3) The date of the sale or delivery; and

 (4) The number of gallons of fuel purchased, the price per gallon, the amount of fuel tax collected, and the total amount of the sale.

 (c) The sale invoice shall, upon payment by the purchaser, constitute a receipt for the amount of special fuels tax collected by the seller. A copy of the invoice shall be retained by the purchaser for not less than three (3) years. It shall be the responsibility of the seller to supply proper receipts in accordance with this section.

 

31-36.1-10. Calculation of amount of fuel used in state. -- The amount of fuel used in the operations of any motor carrier on highways within this state, shall be the proportion of the total amount of the fuel used in its entire operations within and without this state, as the total number of miles traveled on highways within this state bears to the total number of miles traveled within and without this state.

 

31-36.1-11. Report requirements. – Return requirements. -- (a) Every motor carrier subject to the tax imposed by this chapter shall on or before the last day of April, July, October, and January of every year make to the administrator any reports returns of its operations during the quarter ending the last day of the preceding month that the administrator may require and any other reports from time to time that the administrator may deem necessary.

 (b) The administrator by regulation may exempt from the quarterly reporting requirements of this section those motor carriers operating solely within Rhode Island, and require in that instance an annual affidavit, if in its discretion the enforcement of this chapter would not be adversely affected by the regulation.

 (c) The administrator is authorized to exempt from the quarterly reporting requirements of this section, and require in those instances an annual affidavit of motor carriers licensed in this state who perform substantially all of their travel in this state provided the administrator is assured that a sufficient amount of fuel is purchased in this state which is commensurate with the motor carrier's operations on highways within this state.

 (d) The administrator is authorized to exempt from the quarterly reporting requirements of this section those motor carriers whose total tax in a quarter is less than fifty dollars ($50.00).

 

31-36.1-12. Inspection of books and records by administrator -- Agreements with other jurisdictions for cooperative audits. -- (a) The tax administrator and the administrator's authorized agents and representatives may, at any reasonable time, inspect the books and records of any motor carrier subject to the tax imposed by this chapter. The administrator may enter into agreements with the appropriate authorities of other jurisdictions having statutes similar to this chapter for the cooperative audit of motor carrier reports and returns.

 (b) In performing the audit or part of it, the officers and employees of the other jurisdiction or jurisdictions shall be deemed authorized agents of this state for that purpose, and the audits or parts of it shall have the same effect as similar audits or parts of them made by the department division of taxation.

 

31-36.1-13. Computation of tax by administrator. -- (a) If the administrator is not satisfied with any report or return of a motor carrier subject to the tax imposed by this chapter, or with the amount of the tax to be paid by the motor carrier, the administrator may compute and assess the amount of the tax on the basis of facts contained in the report and return or on the basis of any other information available to the administrator. One or more deficiency assessments may be made with respect to any return for the tax imposed by this chapter.

 (b) The amount of the deficiency assessment, exclusive of penalties, shall bear interest at the annual rate provided by section 44-1-7, as amended, from the last day of the month succeeding the quarterly period for which the amount of any portion of it should have been returned until the date of payment.

 (c) If any part of the deficiency for which a deficiency assessment is made is due to negligence or intentional disregard of the provisions of this chapter, a penalty of ten percent (10%) of the amount of the deficiency assessment shall be added to it. If any part of the deficiency for which a deficiency assessment is made is due to fraud or intent to evade the provisions of this chapter, a penalty of twenty-five percent (25%) fifty percent (50%) of the amount of the deficiency assessment shall be added to it.

 (d) The administrator shall give written notice to any motor carrier of the deficiency assessment. If the notice is served by mail, it shall be addressed to the motor carrier at the address appearing in the records of the department division of taxation. Except in the case of fraud, intent to evade the provisions of this chapter, or failure to submit a return, the notice of a deficiency assessment shall be mailed within three (3) years after the last day of the month following the quarterly period for which the amount is assessed or within three (3) years after the return for the period is filed, whichever is later.

 (e) If, prior to the expiration of the time prescribed in subsection (d) of this section for the mailing of the notice of a deficiency assessment, the taxpayer has consented in writing to the mailing of notice after that time, the notice may be mailed at any time prior to the expiration of the period agreed upon for the mailing. The period agreed upon may be extended by subsequent agreements in writing made before the expiration of the period.

 

31-36.1-14. Average consumption. -- In the absence of adequate records or other evidence satisfactory to the administrator, showing the number of miles operated by a motor carrier's covered qualified motor vehicles per gallon of motor fuel, the motor vehicle shall be deemed to have consumed one gallon of motor fuel for each five (5) four (4) miles operated, as prescribed by the International Fuel Tax Agreement.

 

31-36.1-15. Credit on tax -- Refund. -- (a) Every motor carrier shall be entitled to a credit on the tax equivalent to the rate per gallon of the tax in effect under chapter 36 of this title, including the additional excise tax provision in it, on all motor fuel purchased by the carrier within this state for use in its operations without this state and upon which motor fuel the tax imposed by the laws of this state has been paid by the carrier. Evidence of the payment of the tax in any form that may be required by, or is satisfactory to, the state tax administrator, shall, be furnished by the carrier claiming the credit allowed in this chapter.

 (b) When the amount of the credit provided in this chapter, to which any motor carrier is entitled for any quarter exceeds the amount of the tax for which the carrier is liable for the same quarter, the excess may, under the regulations of the tax administrator and the International Fuel Tax Agreement be allowed as a credit on the tax for which the carrier would be otherwise liable for any of the four (4) eight (8) succeeding quarters.

 (c) Whenever any motor carrier has incurred liability to another state in any quarter for a tax, similar in effect to the tax provided in this chapter, on the use or consumption in the state, during the quarter, of motor fuel purchased in Rhode Island, the carrier may file, within one year from the due date for the quarter, an application verified and presented, in accordance with regulations promulgated by the tax administrator and supported by any evidence that may be satisfactory to the tax administrator, for a refund of the excess to the extent of the payment to the other state, but in no case to exceed the rate per gallon of the Rhode Island motor fuel tax which is currently in effect. The license shall receive, on request, a cash refund of any accumulated credits. All requests for refunds of credit balances must be filed in writing.

 

31-36.1-16. Reciprocity. -- (a) The provisions of this chapter shall not apply to covered motor vehicles bearing the registration plates of any other state which does not impose a tax, license, or fee, upon covered motor vehicles bearing valid registration plates of this state. The administrator is authorized to make reciprocal agreements with the proper officials of any other state imposing any such tax, license, or fee, providing for the reduction or relief from the tax imposed by this chapter upon covered motor vehicles bearing valid registration plates of the other state, in exchange for the reduction or relief from the tax, license, or fee imposed by the other state upon covered motor vehicles bearing valid registration plates of this state.

 (b) The tax administrator may enter the International Fuel Tax Agreement or other cooperative compacts or agreements with other states or jurisdictions to permit base state or base jurisdiction licensing of persons using motor fuel in this state. Those agreements may provide for the cooperation and assistance among member states in the administration and collection of motor fuel tax, including, but not limited to, exchanges of information, auditing and assessing of interstate carriers and suppliers, and any other activities necessary to further uniformity.

 

31-36.1-17. Penalties. -- (a) Any motor carrier failing to secure or display upon demand the license or identification device required in section 31-36.1-3, or under the International Fuel Tax Agreement shall be guilty of a civil violation and subject to a fine not exceeding: (1) seventy-five dollars ($75) for the first offense and (2) not exceeding one hundred dollars ($100) for subsequent offenses. Any motor carrier willfully violating any other provisions of this chapter shall be deemed guilty of a civil violation and subject to a fine not exceeding one hundred dollars ($100) for the first offense and not exceeding five hundred dollars ($500) for subsequent offenses.

 (b) Filing of a false statement to obtain credit or refund. Any person who willfully and knowingly makes a false statement orally, in writing, or in the form of a receipt for the sale of motor fuel, for the purpose of obtaining, attempting to obtain, or to assist any other person, partnership, or corporation to obtain or attempt to obtain a credit or refund or reduction of liability for taxes under this chapter, shall be fined not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000), or be imprisoned not more than one year, or both.

 (c) Failure to file report return or pay tax. - When any motor carrier fails to file a report return within the time prescribed by this chapter for the filing of it or fails to pay the amount of taxes due when they are payable, a penalty of ten percent (10%) or ten dollars ($10.00) fifty dollars ($50.00), whichever is greater, shall be added to the amount of the tax due, and the penalty shall immediately accrue, and the tax shall bear interest at the annual rate provided by section 44-1-7, as amended, until the tax is paid. The tax administrator may waive all or part of the penalties provided in this chapter when it is proved to the tax administrator's satisfaction that the failure to file the report return or pay the taxes on time was due to reasonable cause.

 

31-36.1-18. Disposition of proceeds. -- All money collected under the provisions of this chapter shall be used in accordance with the provisions of section 31-36-20. deposited as general revenues.

 

SECTION 2. This article shall take effect on June 30, 2006.

 

ARTICLE 23 SUBSTITUTE A

 

Relating To Registration of Vehicles

 

SECTION 1.  Section 31-3-6.2 of the General Laws in Chapter 31-3 entitled “Registration of Vehicles” is hereby amended to read as follows:

 

§ 31-3-6.2.  List of vehicles and licenses on which court costs owed delinquent – Denial of renewal of registration and licenses. – (a) The administrator/division of motor vehicles shall furnish to the State Court Administrator a listing showing the names, addresses and social security numbers of persons whose operator's license and/or motor vehicle registration is subject to renewal within ninety (90) days. If within ninety (90) days prior to the renewal date the state court administrator determines that any person seeking to renew his/her operator's license and/or registration has neglected or refused to pay any court costs owed, as defined in § 44-30.1-1(b), cash assistance benefit overpayments, court costs owed, fines owed, obligations owed or restitution owed, as such terms are defined in § 44-30.1-1, the state court administrator shall send a written notice to such person informing him/her of the state court administrator's intention to inform the division of motor vehicles not to renew the person's operator license and/or motor vehicle registration and of the procedures available to the person to contest the determination.  For the purposes of this section, the terms cash assistance benefit overpayments, court costs owed, fines owed, obligations owed or restitution owed by a debtor as defined in § 44-30.1-1, are referred to as “costs owed”.

(b) Within twenty-one (21) days from the date of such notice, the licensee or registrant may request, in writing, a conference with the state court administrator or his/her designee, in order to show proof of payment of all court costs owed, as defined in § 44-30.1-1(b), or for the purpose of entering into a time payment agreement for the delinquent court costs owed satisfactory to the state court administrator.

(c) If upon the expiration of twenty-one (21) days from the date of the notice to the licensee or registrant or, if a conference has been requested, after a conference has been held, the licensee or registrant has not demonstrated to the satisfaction of the state court administrator that he/she has paid all required court costs owed, as defined in § 44-30.1-1(b), or that the licensee or registrant has not entered into time payment arrangement satisfactory to the state court administrator, the state court administrator shall notify the administrator/division of motor vehicles that the licensee or registrant is delinquent in paying court costs owed, as defined in § 44-30.1-1(b). The state court administrator shall send a copy of the notification to the licensee or registrant.

(d) The administrator/division of motor vehicles shall not renew any operator's license or registration upon expiration thereof until all state court costs owed, as defined in § 44-30.1-1(b), have been paid in full or the licensee or registrant has entered into a time payment agreement satisfactory to the state court administrator.

(e) If the licensee thereafter files an overdue return and/or remits past taxes due or enters

into a satisfactory time payment agreement with respect to any and all returns due and taxes payable, the tax administrator shall, within five (5) business days of a licensee's request, provide the appropriate agency or authority the certificate of good standing specified in § 5-76-5. Within five (5) business days of receiving such a certificate, the agency or authority shall reinstate, reissue, renew or otherwise extend the licensee's license.

 

SECTION 2.  This article shall take effect upon passage.

 

ARTICLE 24 SUBSTITUTE A AS AMENDED

 

Relating To Tuition Tax Credits

 

SECTION 1. Title 44 of the General Laws entitled "Taxation" is hereby amended by adding thereto the following chapter:

 

CHAPTER 44-62

TAX CREDITS FOR CONTRIBUTIONS TO SCHOLARSHIP ORGANIZATIONS

 

§ 44-62-1. Tax credit for contributions to a scholarship organization. – General

In order to enhance the educational opportunities available to all students in this state, a business entity will be allowed a tax credit  to be computed as provided in this chapter for  voluntary cash contribution made by the business entity to a qualified scholarship.

 

§ 44-62-2. Qualification of scholarship organization. –  A scholarship organization must certify annually by December 31st to the division of taxation that the organization is eligible to participate in the program in accordance with criteria as defined below:

(a) "Scholarship organization" means a charitable organization in this state that is exempt from federal taxation under section 501 (c)(3) of the internal revenue code, and that allocates at least ninety percent (90%) of its annual revenue through a scholarship program for tuition assistance grants to eligible students to allow them to attend any qualified school of their parents' choice represented by the scholarship organization.

 (b) "Scholarship program" means a program to provide tuition assistance grants to eligible students to attend a nonpublic school located in this state. A scholarship program must include an application and review process for the purpose of making these grants only to eligible students. The award of scholarships to eligible students shall be made without limiting availability to only students of one school.

(c) "Eligible student" means a school-age student who is registered in a qualified school and is a member of a household with an annual household income of not more than two hundred fifty percent (250%) of the federal poverty guidelines as published in the federal register by the United States department of health and human services.

(d) "Household" means one or more persons occupying a dwelling unit and living as a single nonprofit housekeeping unit. Household does not mean bona fide lessees, tenants, or

roomers and borders on contract.

(e) "Household income" means all income received by all persons of a household in a

calendar year while members of the household.

(f) "Income" means the sum of federal adjusted gross income as defined in the internal revenue code of the United States, 26 U.S.C. section 1 et seq., and all nontaxable income including, but not limited to, the amount of capital gains excluded from adjusted gross income, alimony, support money, nontaxable strike benefits, cash public assistance and relief (not including relief granted under this chapter), the gross amount of any pension or annuity (including Railroad Retirement Act (see 45 U.S.C. section 231 et seq.) benefits, all payments received under the federal Social Security Act, 42 U.S.C. section 301 et seq., state unemployment insurance laws, and veterans' disability pensions (see 38 U.S.C. section 301 et seq.), nontaxable interest received from the federal government or any of its instrumentalities, workers' compensation, and the gross amount of "loss of time" insurance. It does not include gifts from nongovernmental sources, or surplus foods or other relief in kind supplied by a public or private agency.

(g) "Qualified school" means a nonpublic elementary or secondary school that is located in this state and that satisfies the requirements prescribed by law for nonpublic schools in this state.

(h) "School-age student" means a child at the earliest admission age to a qualified school's kindergarten program or, when no kindergarten program is provided, the school's earliest admission age for beginners, until the end of the school year, the student attains twenty-one (21) years of age or graduation from high school whichever occurs first.

(i) Designation. A donation to a scholarship organization, for which the donor receives a tax credit under this provision, may not be designated to any specific school or student by the donor.

(j) Nontaxable income. A scholarship received by an eligible student shall not be considered to be taxable income.

 

§ 44-62-3. Application for the tax credit program. – (a) Prior to the contribution, a business entity shall apply in writing to the division of taxation.  The application shall contain such information and certification as the tax administrator deems necessary for the proper administration of this chapter.  A business entity shall be approved if it meets the criteria of this chapter; the dollar amount of the applied for tax credit is no greater than one hundred thousand dollars ($100,000) in any tax year, and the scholarship organization which is to receive the contribution has qualified under section 44-62-2.

(b) Approvals for contributions under this section shall be made available by the division of taxation on a first-come-first-serve basis.  The total aggregate amount of all tax credits approved shall not exceed one million dollars ($1,000,000) in a fiscal year.

(c) The division of taxation shall notify the business entity in writing within thirty (30) days of the receipt of application of the division's approval or rejection of the application.

(d) Unless the contribution is part of a two-year plan, the actual cash contribution by the business entity to a qualified scholarship organization must be made no later than one hundred twenty (120) days following the approval of its application.  If the contribution is part of a two-year plan, the first year’s contribution follows the general rule and the second year’s contribution must be made in the subsequent calendar year by the same date . 

(e) The contributions must be those charitable contributions made in cash as set forth in the Internal Revenue Code.

 

§ 44-62-4. Calculation of tax credit and issuance of tax credit certificate. -- (a)  When the contribution has been made as set forth in section 3 above, the business entity shall apply to the division of taxation for a tax credit certificate.  The application will include such information, documentation, and certification as the tax administrator deems proper for the administration of this chapter including, but not limited to a certification by an independent Rhode Island certified public accountant  that the cash contribution has actually been made to the qualified scholarship organization. For purposes of the proper administration of this section, an independent Rhode Island certified public accountant shall be licensed in accordance with RIGL 5-3.1 and means a person, partnership, corporation, limited liability corporation that is not affiliated with or an employee of said business entity or its affiliates and is not affiliated in any manner whatsoever with a qualified scholarship organization or scholarship program as defined in § 42-62-2 (a) through(j).

(b) The division of taxation will review the documentation submitted; calculate the tax credit pertaining to the contribution, and prepare and mail a certificate for amount of credit to be granted.

(c) Unless a two year contribution plan is in place, the  credit, is computed at seventy-five percent (75%) of the total voluntary cash contribution made by the business entity.

(d) The credit is available against taxes otherwise due under provisions of chapters 11, 13, 14, 15 or 17 of this title. 

 (e) (1) A two year contribution plan is based on the written commitment of the business entity to provide the scholarship organization with the same amount of contribution for two (2) consecutive tax years. The business entity must provide in writing a commitment to this extended contribution to the scholarship organization and the division of taxation at the time of application.

(2) In the event that a two year contribution plan is in place, the calculation of credit for each year shall be ninety percent (90%) of the total voluntary contribution made by a business entity

(3) In the event that, in the second year of the plan, a business entity's contribution falls below the contribution amount made in the first year but the second year's contribution is eighty percent (80%) or greater than the first year's contribution, the business entity shall receive a credit for both the first and second year contributions equal to ninety percent (90%) of each year's contribution.

(4) If the amount of the second year contribution is less than eighty percent (80%) of the first year contribution, then the credit for both the first and second year contributions shall be equal to seventy-five percent (75%) of each year's contribution.  In such case, the tax administrator shall prepare the tax credit certificate for the second year at seventy-five percent (75%).  The difference in credit allowable for the first year [90% - 75% = 15% x first year contribution] shall be recaptured by adding it to the taxpayer's tax in that year. 

 

§ 44-62-5. Limitations. -- (a) The credit shall not exceed one hundred thousand dollars ($100,000) annually per business entity.

(b) The tax credit must be used in the tax year the contribution was made.  Any amounts of unused tax credit may not be carried forward.  The tax credit is not refundable, assignable or transferable.  The tax credit may not reduce the tax below the state minimum tax.

(c) The credit allowed under this chapter is only allowed against the tax of that corporation included in a consolidated return that qualifies for the credit and not against the tax of other corporations that may join in the filing of a consolidated tax return.

 

§ 44-62-6. Definitions. – The following words and phrases used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

(1) "Business entity" means an entity authorized to do business in this state and subject to taxes imposed under chapters 44-11, 44-13, 44-14, 44-15 and 44-17 of the general laws.

(2) "Division of taxation" means the Rhode Island division of taxation.

 

§ 44-62-7. Miscellaneous  – Lists. – By June 30 of each year, the division of taxation shall annually publish in print and on the division of taxation’s website a list of all qualified scholarship organizations under  44-62-4. The list will indicate which scholarship organizations  received contributions from business entities for which tax credits were authorized under this chapter. In addition, each scholarship organization shall submit to the division of taxation by December 31st of each year the following information, which shall be a public record: the number of scholarships distributed by the organization, per school, and the dollar range of those scholarships; a breakdown by zip code of the place of residence for each student receiving a scholarship under this program; and a description of all criteria used by the organization in determining to whom scholarships under this program shall be awarded.  

 

SECTION 2. This article shall take effect as of January 1, 2007.

 

 

ARTICLE 25 SUBSTITUTE A AS AMENDED

 

RELATING TO MEDICAL ASSISTANCE -- MANAGED CARE

 

SECTION 1. Sections 40-8.4-4 and 40-8.4-12 of the General Laws in Chapter 40-8.4 entitled “Health Care for Families” are hereby amended to read as follows:

 

§ 40-8.4-4.  Eligibility. – (a) Medical assistance for families. There is hereby established a category of medical assistance eligibility pursuant to § 1931 of title XIX of the Social Security Act [42 U.S.C. § 1396u-1] for families whose income and resources are no greater than the standards in effect in the aid to families with dependent children program on July 16, 1996 or such increased standards as the department may determine. The department of human services is directed to amend the medical assistance title XIX state plan and to submit to the U.S. Department of Health and Human Services an amendment to the RIte Care waiver project to provide for medical assistance coverage to families under this chapter in the same amount, scope and duration as coverage provided to comparable groups under the waiver. The department is further authorized and directed to submit such amendments and/or requests for waivers to the title XXI state plan as may be necessary to maximize federal contribution for provision of medical assistance coverage under this chapter. However, implementation of expanded coverage under this chapter shall not be delayed pending federal review of any title XXI amendment or waiver.

   (b) Income. The director of the department of human services is authorized and directed to amend the medical assistance title XIX state plan or RIte Care waiver to provide medical assistance coverage through expanded income disregards or other methodology for families parents or relative caretakers whose income levels are below one hundred eighty-five percent (185%)  of the federal poverty level.

   (c) Resources. Resources shall be disregarded in determining eligibility under this chapter. Except as provided herein, no family or child shall be eligible for medical assistance coverage provided under this section  if the combined value of the child’s or the family’s liquid resources exceed ten thousand dollars ($10,000); provided, however, that this subsection shall not apply to:

(1) children with disabilities who are otherwise eligible for medical assistance coverage as categorically needy under Section 134(a) of the Tax Equity and Fiscal Responsibility Act of 1982 [federal P.L. 97-248], commonly known as Katie Beckett eligible, upon meeting the requirements established in Section 1902 (e)(3) of the federal Social Security Act; and

(2) pregnant women.  

Liquid Resources are defined as any interest(s) in property in the form of cash or other financial instruments or accounts which are readily convertible to cash or cash equivalents. These include, but are not limited to: cash, bank, credit union or other financial institution savings, checking and money market accounts, certificates of deposit or other time deposits, stocks, bonds, mutual funds, and other similar financial instruments or accounts. These do not include educational savings accounts, plans, or programs; retirement accounts, plans, or programs; or accounts held jointly with another adult, not including a spouse, living outside the same household but only to the extent the applicant/recipient family documents the funds are from sources owned by the other adult living outside the household, plus the proportionate share of any interest, dividend or capital gains thereon. The department is authorized to promulgate rules and regulations to determine the ownership and source of the funds in the joint account.  

(d) Waiver. The department of human services is authorized and directed to apply for and obtain appropriate waivers from the Secretary of the U.S. Department of Health and Human Services, including, but not limited to, a waiver of the appropriate provisions of title XIX, to require that individuals with incomes equal to or greater than one hundred fifty percent (150%) of the federal poverty level pay a share of the costs of their medical assistance coverage provided through enrollment in either the RIte Care Program or under the premium assistance program under § 40-8.4-12, in a manner and at an amount consistent with comparable cost-sharing provisions under § 40-8.4-12, provided that such cost sharing shall not exceed five percent (5%) of annual income; and provided, further, that cost-sharing shall not be required for pregnant women or children under age one. 

 

§ 40-8.4-12. RIte Share Health Insurance Premium Assistance Program. – (a) Basic RIte Share Health Insurance Premium Assistance Program.

(1) The department of human services is authorized and directed to amend the medical assistance Title XIX state plan to implement the provisions of § 1906 of Title XIX of the Social Security Act [42 U.S.C. § 1396e] and establish the Rhode Island health insurance premium assistance program for RIte Care eligible parents with incomes up to one hundred eighty-five percent (185%) of the federal poverty level who have access to employer-based health insurance. The state plan amendment shall require eligible individuals with access to employer-based health insurance to enroll themselves and/or their family in the employer-based health insurance plan as a condition of participation in the RIte Share program under this chapter and as a condition of retaining eligibility for medical assistance under chapters 5.1 and 8.4 of this title and/or chapter 12.3 of title 42 and/or premium assistance under this chapter, provided that doing so meets the criteria established in  § 1906 of Title XIX for obtaining federal matching funds and the department has determined that the individual's and/or the family's enrollment in the employer-based health insurance plan is cost-effective and the department has determined that the employer-based health insurance plan meets the criteria set forth in subsection (d). The department shall provide premium assistance by paying all or a portion of the employee's cost for covering the eligible individual or his or her family under the employer-based health insurance plan, subject to the cost sharing provisions in subsection (b), and provided that the premium assistance is cost-effective in accordance with Title XIX [42 U.S.C. § 1396 et seq.].

(2) Resources. Except as provided herein, no family, individual, or child shall be eligible for medical assistance coverage provided under this section if the combined value of the child’s or family’s liquid resources exceeds ten thousand dollars ($10,000); provided, however, that this subsection shall not apply to:

(i) children with disabilities who are otherwise eligible for medical assistance coverage as categorically needy under Section 134(a) of the Tax Equity and Fiscal Responsibility Act of 1982 [federal P.L. 97-248], commonly known as Katie Beckett eligible, upon meeting the requirements established in Section 1902 (e)(3) of the federal Social Security Act, and

(ii) pregnant women.    

(b) Individuals who can afford it shall share in the cost. The department of human services is authorized and directed to apply for and obtain any necessary waivers from the secretary of the United States department of health and human services, including, but not limited to a waiver of the appropriate sections of Title XIX [42 U.S.C. § 1396 et seq.], to require that individuals eligible for RIte Care under this chapter or chapter 12.3 of title 42 with incomes equal to or greater than one hundred fifty percent (150%) of the federal poverty level pay a share of the costs of health insurance based on the individual's ability to pay, provided that the cost sharing shall not exceed five percent (5%) of the individual's annual income. The department of human services shall implement the cost-sharing by regulation, and shall consider co-payments, premium shares or other reasonable means to do so. 

 (c) Current RIte Care enrollees with access to employer-based health insurance. The department of human services shall require any individual who receives RIte Care or whose family receives RIte Care on the effective date of the applicable regulations adopted in accordance with subsection (f) to enroll in an employer-based health insurance plan at the individual's eligibility redetermination date or at an earlier date determined by the department, provided that doing so meets the criteria established in the applicable sections of Title XIX [42 U.S.C. § 1396 et seq.] for obtaining federal matching funds and the department has determined that the individual's and/or the family's enrollment in the employer-based health insurance plan is cost-effective and has determined that the health insurance plan meets the criteria in subsection (d). The insurer shall accept the enrollment of the individual and/or the family in the employer-based health insurance plan without regard to any enrollment season restrictions.

(d) Approval of health insurance plans for premium assistance. The department of human services shall adopt regulations providing for the approval of employer-based health insurance plans for premium assistance and shall approve employer-based health insurance plans based on these regulations. In order for an employer-based health insurance plan to gain approval, the department must determine that the benefits offered by the employer-based health insurance plan are substantially similar in amount, scope, and duration to the benefits provided to RIte Care eligible persons by the RIte Care program, when the plan is evaluated in conjunction with available supplemental benefits provided by the department. The department shall obtain and make available to persons otherwise eligible for RIte Care as supplemental benefits those benefits not reasonably available under employer-based health insurance plans which are required for RIte Care eligible persons by state law or federal law or regulation.

(e) Maximization of federal contribution. The department of human services is authorized and directed to apply for and obtain federal approvals and waivers necessary to maximize the federal contribution for provision of medical assistance coverage under this section.

  (f) Implementation by regulation. The department of human services is authorized and directed to adopt regulations to ensure the establishment and implementation of the premium assistance program in accordance with the intent and purpose of this section, the requirements of Title XIX and any approved federal waivers.

 

SECTION 2. Section 42-12.3-4 of the General Laws in Chapter 42-12.3 entitled “Health Care for Children and Pregnant Women” is hereby amended to read as follows:

 

§ 42-12.3-4. "RIte track" program. - (a) There is hereby established a payor of last resort program for comprehensive health care for children until they reach nineteen (19) years of age, to be known as "RIte track". The department of human services is hereby authorized to amend its title XIX state plan pursuant to title XIX [42 U.S.C. § 1396 et seq.] of the Social Security Act to provide for expanded Medicaid coverage through expanded family income disregards for children, until they reach nineteen (19) years of age, whose family income levels are up to two hundred fifty percent (250%) of the federal poverty level; provided, however, that health care coverage under this section shall also be provided without regard to the availability of federal financial participation to a noncitizen child lawfully residing in the United States and to a noncitizen child residing in Rhode Island, provided that the child satisfies all other eligibility requirements. The department is further authorized to promulgate any regulations necessary, and in accord with title XIX [42 U.S.C. § 1396 et seq.] of the Social Security Act to implement the state plan amendment. For those children who lack health insurance, and whose family incomes are in excess of two hundred fifty percent (250%) of the federal poverty level, the department of human services shall promulgate necessary regulations to implement the program. The department of human services is further directed to ascertain and promulgate the scope of services that will be available to those children whose family income exceeds the maximum family income specified in the approved title XIX [42 U.S.C. section 1396 et seq.] state plan amendment.

(b) Resources. Except as provided herein, no child shall be eligible for medical assistance coverage provided under this section if the combined value of  the child’s or the family’s liquid resources exceeds ten thousand dollars ($10,000); provided, however, that this subsection shall not apply to children with disabilities who are otherwise eligible for medical assistance coverage as categorically needy under Section 134(a) of the Tax Equity and Fiscal Responsibility Act of 1982 [federal P.L. 97-248], commonly known as Katie Beckett eligible, upon meeting the requirements established in Section 1902 (e)(3) of the federal Social Security Act.   

 

SECTION 3. This article shall take effect on July 1, 2006.

 

ARTICLE 26 SUBSTITUTE A

 

Relating To Health Care Quality Program

 

SECTION 1.  Section 23-17.17-7 of the General Laws in Chapter 23-17.17 entitled “Health Care Quality Program” is hereby repealed.

 

§ 23-17.17-7. Rhode Island hospital efficiency, leverage and profitability (RI HELP) program. – (a) There is established in the department of health a program to provide state assistance to those Rhode Island hospitals that have the greatest need for assistance relative to all hospitals.

(b) Establishment of indices. Three (3) indices shall be established to determine eligibility of the program. Using 2004 data as reported in "The Health of RI's Hospitals (2004) " (Report), each hospital shall be ranked by each index and any hospital that meets the requirements on at least two (2) of the three (3) indices shall be eligible to receive assistance. The General Assembly may from time to time change the year from which data is used to determine eligibility for the RI HELP program. The three (3) indices are established as follows:

(1) Efficiency. This shall be computed by determining the Total Asset Turnover and Fixed Asset Turnover of each hospital. Any hospital with a total rating above zero (0) as displayed in the Report, Chart 9, shall meet the requirements for this index.

(2) Leverage. This shall be computed by determining the Debt to capitalization ratio and the Debt Service Coverage ratio for each hospital. Any hospital with a total rating less than zero (0) as displayed in the Report, Chart 8, shall meet the requirements for this index.

(3) Profitability. This shall be computed by determining the average Profit Margin for each hospital for the previous three (3) fiscal years (2002, 2003, 2004). Any hospital with a three (3) year average rating below negative three percent (-3.0%) as calculated from the data in the Report, Table 1, shall meet the requirements for this index.

(c) Distribution of funds. Funds shall be distributed to each eligible hospital on the basis of the ratio of each eligible hospital's inpatient discharges in 2004 to the sum of all eligible hospitals' inpatient discharges in 2004.

(d) Appropriation of funds. Funds for this program are subject to appropriation by the General Assembly, and may be ratably reduced at any time the General Assembly determines that insufficient funding is available to pay the full amount due to all hospitals that are determined to be eligible for assistance under this program. The budget appropriation for FY 2006 is set at three million three hundred thousand dollars ($3,300,000).

(e) Payments. Payments shall be made to eligible hospitals on or before December 31 of each year that funds are appropriated for this program by the General Assembly.

 

SECTION 2.  This article shall take effect as of July 1, 2006.

 

ARTICLE 27 SUBSTITUTE A AS AMENDED

 

RELATING TO UNDERGROUND STORAGE TANK FINANCIAL RESPONSIBILITY FUND REVIEW BOARD

 

SECTION 1.  Section 42-17.1-2 of the General Laws in Chapter 42-17.1 entitled “Department of Environmental Management” 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) 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) 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 subdivision (u)(1) of this section 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 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.

(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 and chapter 13.2 of title 46 insofar as they relate to any reviews and related activities performed under the provisions of the Groundwater Protection Act, chapter 23-24.9 as it relates to the regulation and administration of mercury-added products, 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.

(ff) To manage and disburse any and all funds collected pursuant to section 46-12.9-4, in accordance with section 46-12.9-5, and other provisions of the Rhode Island Underground Storage Tank Financial Responsibility Act, as amended.

 

SECTION 2.  Chapter 42-17.1 of the General Laws entitled “Department of Environmental Management” is hereby amended by adding thereto the following section:

 

§ 42-17.1-23.1.  Transfer of functions and resources – Underground storage tanks. – (a) Resources of the underground storage tank financial responsibility review board including but not limited to property, employees, and accounts are hereby transferred to the department of environmental management. 

(b) As part of the above transfer, all employees of the underground storage tank financial responsibility review board shall be transferred to the classified service.  The director of the department of environmental management, following consultation with the personnel administrator, shall be responsible for assigning final class specifications with salaries commensurate with the duties and responsibilities assigned. The personnel administrator shall take into consideration existing classifications currently within the classified service classification and pay plan. 

(c) Transferred employees who return to service with the state of Rhode Island directly from uninterrupted employment with the underground storage tank financial responsibility review board, henceforth referred to as "UST Board" shall have their length of service at the UST Board deemed to be uninterrupted active state service for purposes of service credits in the state retirement system.

(d) Employees who subsequently become employees of the department of environmental management as a result of this transfer may utilize their term of service with the UST Board for the purposes of longevity computation as it applies to wages, vacation time and longevity increases. In addition, accrued vacation time, sick leave, and all other benefits with the UST Board may be transferred.

 

SECTION 3.   Sections 46-12.9-3, 46-12.9-4, 46-12.9-5, 46-12.9-6, 46-12.9-7, 46-12.9-8, and 46-12.9-11 of the General Laws in Chapter 46-12.9 entitled “Rhode Island Underground Storage Tank Financial Responsibility Act” are hereby amended to read as follows:

 

§ 46-12.9-3. Definitions. – When used in this chapter:

(1) "Department" means the Rhode Island department of environmental management.

(2) "Director" means the director of the department of environmental management or his or her designee.

(3) "Eligible costs" means costs, expenses and other obligations as incurred by a responsible party for site investigation, site remediation or other corrective action activities ordered or directed by the department or voluntarily performed by the responsible party and not specifically identified by the review board as ineligible.

(4) "Fund" means the Rhode Island underground storage tank financial responsibility fund established herein.

(5) "Operator" means any person in control of, or having the responsibility for, the daily operation of an underground storage tank system.

(6) "Owner" means any agency or political subdivision of the state, any municipality, public or private corporation or authority, individual, trust, firm, joint stock company, partnership, association or other entity, and any officer, employee or agent thereof.

(7) "Petroleum" means crude oil, crude oil fractions, and refined petroleum fractions, including gasoline, kerosene, heating oils, used/waste oil and diesel fuels.

(8) "Release" means any leaking, emitting, discharging, escaping or leaching of petroleum from any underground storage tank or underground storage tank system into the environment.

(9) "Responsible party" means the person or persons liable for release of petroleum or the remediation of a release.

(10) "Review board" means the Rhode Island underground storage tank financial responsibility review board established pursuant to the provisions of § 46-12.9-8.

(11)(i) "Site" means any location at which or from which there has been a release of petroleum associated with an underground storage tank or an underground storage tanks system or any location to which such petroleum has migrated.

(ii) For the purposes of this chapter, "government site" means any location owned or occupied, or previously owned or occupied, by any city or town, the state or any agency of the state of which or from which there has been a release of petroleum associated with an underground storage tanker and underground storage tank system.

(12) "Underground storage tank" means any one or combination of tanks, including underground pipes connected thereto, used to contain an accumulation of petroleum and the volume of which, including the volume of underground pipes connected thereto, is ten percent (10%) or more beneath the surface of the ground.

(13) "Underground storage tank system" means an underground storage tank and its associated ancillary equipment and containment system, if any.

 

§ 46-12.9-4. Petroleum cleanup fund. – (a) There is hereby established the Rhode Island underground storage tank financial responsibility fund.

(b) The fund shall consist of any funds which the state may from time to time appropriate, as well as money received as gifts, grants, bequests, donations or other funds from any public or private sources or annual tank registration fees as established herein which are intended to serve the purposes of the Rhode Island underground tank financial responsibility fund and all funds collected pursuant to § 46-12.9-11.

(c) All funds received under the provisions of this chapter shall be paid to and received by the review board, which shall keep such monies in a distinct interest-bearing restricted receipt account to the credit of and for the exclusive use of the fund.

(c) All funds collected pursuant to this section shall be deposited in the Underground Storage Tank Fees fund, and shall be disbursed according to the purposes expressed in section 46-12.9-5.

 

§ 46-12.9-5. Purpose of fund. –  The purpose of the fund shall be to facilitate the clean-up of releases from leaking underground storage tanks, underground storage tank systems, including those located on sites or government sites in order to protect the environment including drinking water supplies and public health and to take necessary action to proactively prevent such releases. The fund shall provide reimbursement to responsible parties for the eligible costs incurred by them as a result of releases of certain petroleum from underground storage tanks or underground storage tank systems as provided herein. Monies in the fund shall be dispensed only upon the order of the review board or its designee for the following purposes.

(1) Administrative expenses, personnel, expenses and miscellaneous costs directly related to the fund management incurred by the review board in carrying out fund activities; provided, however, that no more than five hundred and fifty thousand dollars ($550,000) shall be dispensed from the fund for administrative purposes during fiscal year 1998. For fiscal year 1999, no more than three hundred and fifty thousand dollars ($350,000) shall be dispensed from the fund for administrative purposes;

(2) (1) The fund shall pay not more than one million dollars ($1,000,000) per incident and up to two million dollars ($2,000,000) in the aggregate for damages of eligible costs, as defined in regulations promulgated hereunder and, as further defined in § 46-12.9-3 excluding legal costs and expenses, incurred by a responsible party as a result of a release of petroleum from an underground storage tank or underground storage tank system; provided, however, that a responsible party shall be responsible for the first twenty thousand dollars ($20,000) of said eligible costs;

(3) (2) [Deleted by P.L. 2001, ch. 328, § 1.]

(4) (3) Reimbursement for any third party claim including, but not limited to, claims for bodily injury, property damage and damage to natural resources which are asserted against a responsible party and which have arisen as a result of a release of petroleum from an underground storage tank or underground storage tank system in an amount not to exceed one million dollars ($1,000,000) for each release as set forth in subsection (2) of this section; provided, that such claims are found by the review board to be justified, reasonable, related to the release of petroleum and not excessive or spurious in nature; and

(5) (4) Eligible costs incurred by the department in carrying out the investigative, remedial and corrective action activities at sites of a petroleum release associated with an underground storage tank or underground storage tank system where the responsible party fails to comply with an order of the department to take such corrective action. In the event of such failure, the department may access the fund to perform the ordered work and shall proceed to recover from the responsible party on behalf of the fund any amount expended from the fund by the department.

(6) (5) Nothing contained in this chapter shall be construed to prevent subrogation by the state of Rhode Island against any responsible party other than the owner and/or operator for all sums of money which the fund shall be obligated to pay hereunder plus reasonable attorneys' fees and costs of litigation and such right of subrogation is hereby created.

(7) (6) [Deleted by P.L. 2001, ch. 328, § 1.]

(7) Eligible costs incurred by the department to support the fund, including but not limited to, all personnel support to process and review of claims in order to formulate recommendations for reimbursement for consideration by the review board, and providing meeting space for Board meetings provided, however, that no more than five hundred and fifty thousand dollars ($550,000) shall be dispensed from the fund for administrative purposes during any fiscal year.  The department shall directly access the fund, pursuant to the limits set forth in section 46-12.9-5(1) above, to pay for such expenses.

(8) Grants to any third party for purposes of removal of underground storage tanks and/or replacement of underground storage tanks with other fuel storage and distribution systems, including aboveground storage tanks, when such removal and/or replacement will minimize the potential future exposure of the fund to major expenses related to reimbursement of costs incurred in response or remediation should a future release occur. Grants under this section shall be limited to fifty thousand dollars ($50,000) per site and shall be in addition to any eligible reimbursement for clean up expenses at that site.

 

§ 46-12.9-6. Eligibility. – (a) In order to be eligible for reimbursement from the fund for eligible costs a responsible party must be subject to financial responsibility as required by the EPA (40 CFR part 280 subpart H) and:

(1) Have substantially complied with all state technical requirements for underground storage tanks and underground storage tank systems as promulgated by the department of environmental management pursuant to chapter 12 of this title and chapter 17.1 of title 42, including but not limited to, requirements for registration, proper installation, spill containment, line leak detection, corrosion protection, leak detection, tank tightness testing, inventory control, closure and leak or spill reporting;

(2) Have incurred an eligible cost in excess of the deductible amount specified in § 46-12.9-5(2) whether for clean-up or related matters or for claims of third parties as set forth in § 46-12.9-3 resulting from a release of petroleum, subject to the motor and special fuels tax from an underground storage tank or underground storage tank system. In order to apply for reimbursement from the fund, it shall not be necessary that the third party and the responsible party complete adjudication of any claim before submission to the review board; provided, however, that all such claims shall be reasonably verified and must be demonstrated to the reasonable satisfaction of the review board in order to be considered eligible for reimbursement.

(b) [Deleted by P.L. 2001, ch. 328, § 1.]

(c) [Deleted by P.L. 2001, ch. 328, § 1.]

(d) Notwithstanding the financial responsibility requirement of this section, responsible parties may be eligible for reimbursement of eligible costs incurred for government sites provided that:

(1) A city, town, the state or a state agency is the responsible party for a release at the government site and was the owner of the site at the time of the release;

(2) A city, town, the state or a state agency is the responsible party and owner of the government site at the time of application on which a release occurred prior to the city, town or state agency's ownership, provided that the government entity purchased the property prior to March 1, 1998; or

(3) A city, town, the state or a state agency was the responsible party at the time of the release and the government site is owned by a successor in interest at the time of application.

(e) Notwithstanding the requirement that the released petroleum be subject to the motor and special fuels tax, underground storage tanks containing petroleum products for which the motor and special fuels tax is inapplicable including, but not limited to, underground storage tanks used for the distribution of No. 2 heating oil, used/waste oil, kerosene or other materials as deemed appropriate by the review board may be eligible for reimbursement with the following exceptions:

(1) Underground storage tanks containing heating or fuel oils used solely for onsite consumption shall not be eligible.

(2) Underground storage tanks exempted from the department's "regulations for underground storage facilities used for petroleum products and hazardous materials" under Section 5.03 and Section 9.01 (A-D) shall not be eligible.

 

§ 46-12.9-7. Rules and regulations. – The review board, after consultation with the department, is hereby authorized to promulgate, implement and amend regulations, in accordance with the provisions of chapter 35 of title 42, providing for the submission of claims to the fund and the timely disbursement of monies from the fund. Such regulations shall include, but not be limited to, the following:

(1) A means of notifying all eligible parties of the existence and functioning of the fund;

(2) The record keeping required of eligible parties for submission to and reimbursement from the fund;

(3) A set criteria which establishes the eligibility for reimbursement of specific costs, expenses and other obligations;

(4) [Deleted by P.L. 2001, ch. 328, § 1.]

(5) A method of providing periodic reimbursement for eligible costs incurred by an eligible party after July 8, 1994;

(6) A requirement that the review board render its decisions to an eligible party upon the receipt of a complete claim for reimbursement within ninety (90) days following its receipt of completed claim;

(7) Establishing procedures for verifying claims presented under this chapter;

(8) Establishing procedures for approving, modifying or denying claims;

(9) Empowering the review board to levy and collect an annual tank registration fee not to exceed two thousand five hundred dollars ($2,500) per site on underground storage tanks which require demonstration of financial responsibility under the department's regulations of underground storage facilities used for petroleum products and hazardous materials. These tanks which are exempted from the special motor fuels tax shall not be subject to the fee; and

(10) (9) The eligibility of claims shall be determined by the review board, provided however, that no claims shall be considered for costs incurred prior to January 1, 1994 by responsible parties who are owners or operators of no more than one location containing underground storage tanks and July 8, 1994 by all other responsible parties.

(11) (10) Empowering the review board department to recognize and arrange for performance-based and other contracts with the responsible party and contractor for the remediation of a release.

(12) (11) Empowering the review board department to arrange for the establishment of alternate means of financial responsibility.

 

§ 46-12.9-8. Review board. – (a) There is hereby authorized, created and established a public corporation of the state having a distinct legal existence from the state and not constituting a department of state government to be known as the "underground storage tank review board," with such powers as are set forth in this chapter, to oversee administration and implementation of the fund, to review submissions and claims received from eligible parties and to proceed to approve, modify, or deny disbursements to eligible parties and to have such other powers as are provided herein.

(b) The review board shall consist of ten (10) members, as follows: the director of the department of environmental management or his or her designee who shall be a subordinate within the department of environmental management; the director of the department of business regulation or his or her designee who shall be a subordinate within the division of insurance and who shall be a nonvoting member. The governor, with the advice and consent of the senate, shall appoint eight (8) public members one of shall have expertise and experience in financial matters. In making these appointments the governor shall give due consideration to recommendations from the American Petroleum Institute, the Independent Oil Marketers Association, the Oil Heat Institute, the Environment Council, the Independent Oil Dealers Association and the Rhode Island Marine Trade Association. The newly appointed members will serve for a term of three (3) years commencing on the day they are qualified. Any vacancy which may occur on the board shall be filled by the governor with advice and consent of the senate, for the remainder of the unexpired term in the same manner as the member's predecessor as prescribed in this section. The members of the board shall be eligible to succeed themselves. Members shall serve until their successors are appointed and qualified. No one shall be eligible for appointment unless he or she is a resident of this state. The members of the board shall serve without compensation. Those members of the board as of the effective date of this act [July 15, 2005] who were appointed to the board by members of the general assembly shall cease to be members of the board on the effective date of this act, and the governor shall thereupon nominate three (3) members, each of whom shall serve the balance of the unexpired term of his or her predecessor. Those members of the board as of the effective date of this act who were appointed to the board by the governor shall continue to serve the balance of their current terms. Thereafter, the appointments shall be made by the governor as prescribed in this section.

(c) When claims are pending, the review board shall meet at the call of the chair no less than four (4) times per year. All meetings shall be held consistently with chapter 46 of title 42.

(d) It is the intent of the general assembly, by the passage of this chapter, to vest in the review board all powers, authority, rights, privileges, and titles which may be necessary to enable it to accomplish the purposes herein set forth, and this chapter and the powers herein granted shall be liberally construed in conformity with those purposes.

(e) (d) The review board and its corporate existence shall continue until terminated by law. Upon termination of the existence of the review board, all its rights and properties shall pass to and be vested in the state.

(f) (e) The review board shall have the following powers and duties, together with all powers incidental thereto or necessary for the performance of those stated in this chapter:

(1) To sue and be sued, complain and defend, in its corporate name;

(2) To have a seal which may be altered at pleasure and to use the seal by causing it, or a facsimile thereof, to be impressed or affixed or in any other manner reproduced;

(3) 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;

(4) To make and execute agreements of lease and all other contracts and instruments necessary or convenient in the exercise of the powers and functions of the review board granted by this chapter;

(5) To make guarantees and incur or assume liabilities as the review board may deem appropriate;

(6) To invest and reinvest its funds;

(7) To secure the cooperation and assistance of the United States, and any of its agencies and of agencies of this state and its municipalities in the work of the review board;

(8) To accept grants, donations, drafts, loans of funds, and contributions in money, services, materials, or otherwise, from the United States or any of its agencies, from this state and its agencies, or from any other source, and to use or expend those moneys, services, materials, or other contributions in carrying out the purposes of this chapter;

(9) To acquire or contract to acquire, from any person, the federal government or the state, or any agency of either the federal government or state, by grant, purchase, lease, gift, or otherwise, or to obtain options for the acquisition of any property, real or personal, improved or unimproved, and interests in land less than the fee thereof; and to own, hold, clear, improve, develop, and rehabilitate, and to sell, assign, exchange, transfer, convey, lease, mortgage, or otherwise dispose of or encumber the property for the purposes of carrying out the provisions and intent of this chapter for such consideration as the review board shall determine;

(10) (1)  To elect or appoint officers and agents of the review board, and to define their duties: and fix their compensation, including authority to employ attorneys, accountants, and engineering consultants, and such other employees or agents as the review board shall deem necessary in its judgment;

(11) (2) To make and alter bylaws, not inconsistent with this chapter, for the administration and regulation of the affairs of the review board, .  and the Such bylaws may contain provisions indemnifying any person who is or was a director or a member of the review board, in the manner and to the extent provided in § 7-6-6 of the Rhode Island nonprofit corporation act;

(12) To have and exercise all powers necessary or convenient to effect its purposes;

(13) To enter into agreements, contracts, and other arrangements with the state and any of its departments, agencies, board or commissions relating to the execution or performance of any function or purpose of the review board, including, but not limited to, investments, employee compensation and employee benefits, and the state and its departments, agencies, boards and commissions are hereby authorized to enter into such agreements, contracts and other arrangements with the review board, and upon the request of the review board shall enter into such agreements, contracts and other arrangements with the review board.

(14) (3) To approve and submit an annual report within ninety (90) days after the end of each fiscal year to the governor, the speaker of the house of representatives, the president of the senate, and the secretary of state, of its activities during that fiscal year. The report shall provide: an operating statement summarizing meetings or hearings held, including meeting minutes, subjects addressed, and decisions rendered; a summary of the review board's actions including a listing of regulations promulgated, implemented and amended as prescribed in § 46-12.9-7, fees levied, collected or received as prescribed in §§ 46-12.9-7 and 46-12.9-11, claims submitted, verified, approved, modified, and denied as prescribed in § 46-12.9-7, contracts entered into as prescribed in § 46-12.9-7 and this section, properties acquired as prescribed in this section, liabilities incurred or assumed as prescribed in this section and reconsideration hearings held as prescribed in § 46-12.9-9; a synopsis of any law suits or other legal matters related to the authority of the review board; a consolidated financial statement of all funds received, expended, disbursed, and invested by the review board including the source of the funds, a listing of the staff and/or consultants employed by the review board; and a summary of performance during the previous fiscal year including accomplishments, shortcomings and remedies; a briefing on anticipated activities in the upcoming fiscal year; and findings and recommendations for improvements; and a summary of any training courses held pursuant to subdivision (f)(15) of this section. The report shall be posted electronically as prescribed in § 42-20-8.2.

(15) (4) To conduct a training course for newly appointed and qualified members and new designees of ex-officio members within six (6) months of their qualification or designation. The course shall be developed by the executive director, approved by the board, and conducted by the executive director. The board may approve the use of any board or staff members or other individuals to assist with training. The training course shall include instruction in the following areas: the provisions of chapters 46-12.9, 42-46, 36-14, and 38-2; and the boards rules and regulations. The director of the department of administration shall, within ninety (90) days of the effective date of this act [July 15, 2005], prepare and disseminate training materials relating to the provisions of chapters 36-14, 38-2, and 42-46.

(g) Upon the passage of this act and the appointment and qualification of the three (3) new members prescribed in subsection (b) of this section, the board shall elect from among its members a chair. Thereafter, the board shall elect annually in February a chair from among the members. The board may elect from among its members such other officers as it deems necessary.

(h) Six (6) members of the board shall constitute a quorum and the vote of the majority of the members present shall be necessary and shall suffice for any action taken by the board. No vacancy in the membership of the board shall impair the right of a quorum to exercise all of the rights and perform all of the duties of the board.

(i) Members of the board shall be removable by the governor pursuant to section 36-17 and removal solely for partisan or personal reasons unrelated to capacity or fitness for the office shall be unlawful.

 

§ 46-12.9-11. Funding. – (a) There is hereby imposed an environmental protection regulatory fee of at the rate of one cent ($0.01) per gallon payable of motor fuel, to be collected by distributors of motor fuel when the product is sold to owners and/or operators of underground storage tanks. Each distributor shall be responsible to the tax administrator for the collection of the regulatory fee, and if the distributor is unable to recover the fee from the person who ordered the product, the distribution shall nonetheless remit to the tax administrator the regulatory fee associated with the delivery. In accordance with the regulations to be promulgated hereunder, the fee shall be collected, reported, and paid to the Rhode Island division of taxation as a separate line item entry, on a quarterly tax report by those persons charged with the collection, reporting, and payment of motor fuels taxes. This fee shall be administered and collected by the division of taxation. Notwithstanding the provisions of this section, the fee shall not be applicable to purchases by the United States government.

(b) All fees derived under the provisions of this chapter, including tank registration fees assessed pursuant to § 46-12.9-7(9), shall be paid to and received by the review board, which shall keep such money in a distinct interest bearing restricted receipt account to the credit of and for the exclusive use of the fund. All fees collected may be invested as provided by law and all interest received on such investment shall be credited to the fund.

(c) (b)  When the fund reaches the sum of eight million dollars ($8,000,000), the imposition of the fee set forth in this chapter shall be suspended, and the division of taxation shall notify all persons responsible for the collection, reporting and payments of the fee of the suspension. In the event that the account balance of the fund subsequently is reduced to a sum less than five million dollars ($5,000,000) as a result of fund activity, the fee shall be reinstated by the division of taxation, following proper notice thereof, and once reinstated, the collection, reporting, and payment of the fee shall continue until the account balance again reaches the sum of eight million dollars ($8,000,000).

(d) (c)  Upon the determination by the review board and the department that the fund has reached a balance sufficient to satisfy all pending or future claims, the review board shall recommend to the general assembly the discontinuation of the imposition of the fee created in this section.

 

SECTION 4. Chapter 36-9 of the General Laws entitled "Retirement System-Membership and Service Credits" is hereby amended by adding thereto the following section:

 

36-9-48. Underground storage tank financial review board - Transferred employees. – (a) Definitions. For the purposes of this section:

(i) "UST Board" means the Rhode Island Underground Storage Tank Financial Review Board, a governmental agency and a public instrumentality of the state of Rhode Island.

(ii) "Transfer date" means July 1, 2006.

(iii) "Transferred employee" means any individual who was an employee of the UST Board of the state of Rhode Island on the date immediately preceding the transfer date, and who became an employee of the state of Rhode Island, department of environmental management on the transfer date.

(b) Transferred employees who return to employment with the state of Rhode Island directly from uninterrupted employment with the Rhode Island Underground Storage Tank Financial Responsibility Review Board shall have their length of service at the UST Board deemed to be uninterrupted active state service for the purposes of service credits in the state retirement system.  

(c) The period of service of any transferred employee from December 29, 2002 to the date of transfer shall be treated as service as an employee of the state of Rhode Island for the purposes of Chapters 8, 9 and 10 of this title.

(d) The provisions of subsection (b) of this section shall not apply unless within ninety (90) days following the date of enactment of this section, the UST Board transfers, or causes to have transferred from a trustee or other custodian, to the retirement system, an amount equal to the sum of the employees contribution accumulation and the employer contribution accumulation. The amount of transfer shall be determined by the retirement board at full actuarial cost as defined by Rhode Island general law 36-8.1-9 for the period of service December 29, 2002 to the transfer date. This will be reduced by the transfer to the retirement board of any and all contributions made to the UST Board's Simple IRA by and on behalf of the transferred employees.

(e) Transferred employees who return to service with the state of Rhode Island directly from uninterrupted employment with the Rhode Island Underground Storage Tank Financial Review Board, henceforth referred to as "UST Board" shall have their length of service at the UST Board deemed to be uninterrupted active state service for purposes of service credits in the state retirement system.

 

SECTION 5.  This article shall take effect as of July 1, 2006.

 

 

ARTICLE 28 SUBSTITUTE A

 

RELATING TO PAY DIFFERENTIAL FOR STATE EMPLOYEES ON ACTIVE DUTY

 

SECTION 1.  Chapter 30-6 of the General Laws entitled “Pay and Allowances” is hereby amended by adding thereto the following section:

 

§ 30-6-5. Pay differential for state employees on active duty. – (a) Employees of a state agency who are eligible as defined within may qualify for a military pay differential, hereafter also referred to as a “differential”.  Such differential shall consist of the difference between the base pay for state employment that the state employee would have received if not on active military duty and the military pay that the employee on active military duty did receive, for the same time period.  The differential does not include the payment of overtime in state employment.

(b) In order to be eligible for a military pay differential, a recipient must be a member of the National Guard or a Reserve component of the United States Armed Forces who is currently mobilized in support of a Presidential reserve call-up for active military duty, who at the time of being called for active military duty was an employee of a state department who otherwise qualifies for a military pay differential, as described above.

(c) The state department where the state employee worked when called to active duty shall periodically pay every employee who qualifies for a military pay differential.  The first such payment shall be paid to eligible state employees for military pay differentials between July 1 and September 30.  Such stipends shall be calculated for each three (3) month period thereafter, but shall terminate upon the employee’s return from active duty or after the employee has received the differential for one year, whichever comes first.

(d) The director of the department of administration shall be responsible for developing necessary rules and regulations in order to implement the provisions of this section.  These rules shall include a process for determining eligibility and the amount of the differential.

(e) To the extent that compensation for being called to active military duty is not already included in existing collective bargaining agreements, eligible employees of a state agency will qualify for the military pay differential, as defined above.  When a collective bargaining agreement provides equal or greater benefits, the terms of the collective bargaining agreement shall control for as long as those benefits under the contract are applicable.  Thereafter, those union employees shall be granted the difference in pay as described above.

 

SECTION 2.  This article shall take effect upon passage.

 

ARTICLE 29 SUBSTITUTE A

 

RELATING TO TAXATION -- EXCISE TAX PHASE-OUT

 

SECTION 1. Sections 44-34.1-1 and 44-34.1-2 of the General Laws in Chapter 44-34.1 entitled "Motor Vehicle and Trailer Excise Tax Elimination Act of 1998" are hereby amended to read as follows:

 

44-34.1-1. Excise tax phase-out. -- (a) (1) Notwithstanding the provisions of chapter 34 of this title or any other provisions to the contrary, the motor vehicle and trailer excise tax established by section 44-34-1 may be phased out. The phase-out shall apply to all motor vehicles and trailers, including leased vehicles.  (2) Lessors of vehicles that pay excise taxes directly to municipalities shall provide lessees, at the time of entering into the lease agreement, an estimate of annual excise taxes payable throughout the term of the lease. In the event the actual excise tax is less than the estimated excise tax, the lessor shall annually rebate to the lessee the difference between the actual excise tax and the estimated excise tax.  (b) Pursuant to the provisions of this section, all motor vehicles shall be assessed a value by the vehicle value commission. That value shall be assessed according to the provisions of section 44-34-11(c)(1) and in accordance with the terms as defined in subsection (d) of this section; provided, however, that the maximum taxable value percentage applicable to model year values as of December 31, 1997, shall continue to be applicable in future year valuations aged by one year in each succeeding year.  (c) (1) The motor vehicle excise tax phase-out shall commence with the excise tax bills mailed to taxpayers for the fiscal year 2000. The phase-out, beyond fiscal year 2003, shall be subject to annual review and appropriation by the general assembly. The tax assessors of the various cities and towns and fire districts shall reduce the average retail value of each vehicle assessed by using the prorated exemptions from the following table:

Local Fiscal Year                                                                             State fiscal year

Exempt from value                            Local Exemption                       Reimbursement

fiscal year 1999                                            0                                         $1,500

fiscal year 2000                                        $1,500                                     $2,500

fiscal year 2001                                        $2,500                                     $3,500

fiscal year 2002                                        $3,500                                     $4,500

fiscal years 2003, 2004 and 2005               $4,500                                      $4,500

for fiscal year 2006 and each year thereafter $5,000                                  $5,000

for fiscal year 2007                                  $6,000                                      $6,000

for fiscal year 2008 and each year thereafter the exemption and the state fiscal year reimbursement shall be increased, at a minimum, to the maximum amount to the nearest two hundred and fifty dollar ($250) increment within the allocation of one and twenty-two hundredths percent (1.22%) of net terminal income derived from video lottery games pursuant to the provisions of section 42-61-15, and in no event shall the exemption in any fiscal year be less than the prior fiscal year. 

  No city or town shall, in preparation of its annual budget, plan or otherwise rely on the continuation of said phase-out beyond fiscal year 2003, unless it is specifically approved by the general assembly. 

(2) The excise tax phase-out shall provide levels of assessed value reductions until the tax is eliminated or reduced as provided in this chapter. 

(3) Current exemptions shall remain in effect as provided in this chapter. 

(4) The excise tax rates and ratios of assessment shall not be greater than fiscal year 1998 levels for each city, town, and fire district; provided, in the town of Johnston the excise tax rate and ratios of assessment shall not be greater than fiscal year 1999 levels and in no event shall the final taxable value of a vehicle be higher than assessed in the prior fiscal year, and the levy of a city, town, or fire district shall be limited to the lesser of the maximum taxable value or net assessed value for purposes of collecting the tax in any given year.  (d) Definitions. 

(1) "Maximum taxable value" means the value of vehicles as prescribed by section 44-34-11 reduced by the percentage of assessed value applicable to model year values as determined by the Rhode Island vehicle value commission as of December 31, 1997, for the vehicles valued by the commission as of December 31, 1997. For all vehicle value types not valued by the Rhode Island vehicle value commission as of December 31, 1997, the maximum taxable value shall be the latest value determined by a local assessor from an appropriate pricing guide, multiplied by the ratio of assessment used by that city, town, or fire district for a particular model year as of December 31, 1997. 

(2) "Net assessed value" means the motor vehicle values as determined in accordance with section 44-34-11 less all personal exemptions allowed by cities, towns, fire districts, and the state of Rhode Island exemption value as provided for in section 44-34.1-1(c)(1).

 

44-34.1-2. City and town and fire district reimbursement. -- (a) In fiscal years 2000 and thereafter, cities and towns and fire districts shall receive reimbursements, as set forth in this section, 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, cities and towns and fire districts shall receive a permanent distribution of sales tax revenue pursuant to section 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) (1) 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 and thereafter 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 year 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 section 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 section 44-34.1-1 and the inflation indexing of tax rates through fiscal 2003. 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 section 44-34.1-1(c)(1); provided, 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, 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 section 44-34.1-1.

 (c) (1) 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, 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, 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, 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, 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 (1)(i) through (vii) of this subsection, 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 and thereafter, 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, the May and August payments shall be subject to submission of final certified and reconciled motor vehicle levy information.

 (5) In the event When the tax is phased out, funds distributed to the cities, towns, and fire districts for the following fiscal year shall be calculated as the funds distributed in the fiscal year of the phase-out. Twenty-five percent (25%) of the amounts calculated shall be distributed to the cities and towns and fire districts on August 1, in the fiscal year of the phase-out, twenty-five percent (25%) on the following November 1, twenty-five percent (25%) on the following February 1, and twenty-five percent (25%) on the following May 1. The funds shall be distributed to each city and town and fire district in the same proportion as distributed in the fiscal year of the phase-out.

 (6) In the event When the tax is phased out to August 1, of the following fiscal year the director of administration shall calculate to the nearest tenth of one cent ($.001) the number of cents of sales tax received for the fiscal year ending June 30, of the year following the phase-out equal to the amount of funds distributed to the cities, towns, and fire districts under this chapter during the fiscal year following the phase-out and the percent of the total funds distributed in the fiscal year following the phase-out received by each city, town, and fire district, calculated to the nearest one-hundredth of one percent (0.01%). The director of the department 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 second fiscal year following the phase-out 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 the fiscal year following the phase-out.

 (7) In the event When the tax is phased out, twenty-five percent (25%) of the funds shall be distributed to the cities, towns, and fire districts on August 1, of the following fiscal year and every August 1 thereafter; twenty-five percent (25%) shall be distributed on the following November 1, and every November 1 thereafter; twenty-five percent (25%) shall be distributed on the following February 1, and every February 1 thereafter; and twenty-five percent (25%) shall be distributed on the following May 1, and every May 1 thereafter.

 (8) For the city of East Providence, in the event the tax is phased out, twenty-five percent (25%) shall be distributed on November 1, of the following fiscal year and every November 1 thereafter, twenty-five percent (25%) shall be distributed on the following February 1, and every February 1 thereafter; twenty-five percent (25%) shall be distributed on the following May 1, and every May 1 thereafter; and twenty-five percent (25%) of the funds shall be distributed on the following August 1, and every August 1 thereafter.

 (9) As provided for in section 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 section 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 act shall take effect upon passage.

 

ARTICLE 30 SUBSTITUTE A AS AMENDED

 

RELATING TO TAXATION

 

SECTION 1. Section 42-61.2-7 of the general laws in chapter 42-61.2 entitled “Video Lottery Terminal” is hereby amended 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 division fund for administrative purposes: Net terminal income not otherwise disbursed in accordance with subdivisions (a)(2)(1) through (a)(6) herein; provided the revenue estimators shall establish at the Revenue Estimating Conferences pursuant to chapter 16 of title 35 the amount of the net terminal income and the state's share of net terminal income that is solely attributable to the introduction of newly authorized machines at Lincoln Park and Newport Grand pursuant to Sections 3 and 4 herein. Said amount shall be distributed as follows:

   (i) 12.50% Nineteen one hundredths of one percent (0.19%) up to a maximum of twenty million dollars ($20,000,000) shall be equally allocated to the distressed communities as defined in § 45-13-12 provided that no eligible community shall receive more than twenty-five percent (25%) of that community's currently enacted municipal budget as its share under this specific subsection. Distributions made under this specific subsection are supplemental to all other distributions made under any portion of general laws § 45-13-12.

   (ii) 3.125% Five one hundredths of one percent (0.05%) up to a maximum of five million dollars ($5,000,000) shall be appropriated to property tax relief to fully fund the provisions of § 44-33-2.1. Once there are sufficient additional funds, the maximum credit defined in subdivision 44-33-9(2) shall increase by increments of fifty dollars ($50.00) until a maximum credit of five hundred dollars ($500) is obtained. The maximum credit defined in subdivision 44-33-9(2) shall increase to the maximum amount to the nearest five dollar ($5.00) increment within the allocation until a maximum credit of five hundred dollars ($500) is obtained. In no event shall the exemption in any fiscal year be less than the prior fiscal year.

   (iii) 78.125%  One and twenty-two one hundredths of one percent (1.22%) to fund § 44-34.1-1, entitled "Motor Vehicle and Trailer Excise Tax Elimination Act of 1998", to the maximum amount to the nearest five hundred two hundred fifty dollar ($500) ($250) increment within the allocation. In no event shall the exemption in any fiscal year be less than the prior fiscal year.

   (iv) 6.25% Ten one hundredths of one percent (0.10%) to a maximum of ten million dollars ($10,000,000) for supplemental distribution to communities not included in paragraph (a)(1)(i) above distributed proportionately on the basis of general revenue sharing distributed for that fiscal year.

   (v) Any amounts in excess of the limits in (i) through (iv) above shall be allocated to the general fund.

   (2) To the licensed video lottery retailer:

   (a) Prior to the effective date of the NGJA Master Contract, Newport Jai Ali twenty-six percent (26%) minus three hundred eighty four thousand nine hundred ninety-six dollars ($384,996);

   (ii) On and after the effective date of the NGJA Master Contract, to the licensed video lottery retailer who is a party to the NGJA Master Contract, all sums due and payable under said Master Contract minus three hundred eighty four thousand nine hundred ninety-six dollars ($384,996).

   (b) Prior to the effective date of the UTGR Master Contract, to the present licensed video lottery retailer at Lincoln Park which is not a party to the UTGR Master Contract, twenty-eight and eighty-five one hundredths percent (28.85%) minus seven hundred sixty-seven thousand six hundred eighty-seven dollars ($767,687);

   (ii) On and after the effective date of the UTGR Master Contract, to the licensed video lottery retailer who is a party to the UTGR Master Contract, all sums due and payable under said Master Contract minus seven hundred sixty-seven thousand six hundred eighty-seven dollars ($767,687).

   (3) To the technology providers who are not a party to the GTECH Master Contract as set forth and referenced in Public Law 2003, Chapter 32, seven percent (7%) of the net terminal income of the provider's terminals;

   (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;

   (iii) Notwithstanding subsections (i) and (ii) above, there shall be subtracted proportionately from the payments to technology providers the sum of six hundred twenty-eight thousand seven hundred thirty-seven dollars ($628,737);

   (4) To the city of Newport one and one hundreth percent (1%) (1.01%) plus one quarter percent (0.25%) of net terminal income that is solely attributable to the introduction of newly authorized machines at Newport Grand pursuant to sections 3 and 4 herein as determined by the Revenue Estimating Conference; and to the town of Lincoln one and one quarter twenty-six hundreths percent (1.25%) (1.26%) plus one quarter percent (0.25%) of net terminal income that is solely attributable to the introduction of newly authorized machines at Lincoln Park pursuant to sections 3 and 4 herein as determined by the Revenue Estimating Conference; and

   (5) To the Narragansett Indian Tribe, five seventeen hundredths of one percent (5%) (0.17%) of net terminal income that is solely attributable to the introduction of newly authorized machines at Lincoln Park as determined by the revenue estimators at the Revenue Estimating Conferences pursuant to chapter 16 of title 35 up to a maximum of ten million dollars ($10,000,000) per year, which shall be paid to the Narragansett Indian Tribe for the account of a Tribal Development Fund to be used for the purpose of encouraging and promoting: home ownership and improvement, elderly housing, adult vocational training; health and social services; childcare; natural resource protection; and economic development consistent with state law. Provided, however, such distribution shall terminate upon the opening of any gaming facility in which the Narragansett Indians are entitled to any payments or other incentives; and provided further any monies distributed hereunder shall not be used for, or spent on previously contracted debts.

   (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) shall 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.

 

SECTION 2. Chapter 44-30 of the General Laws entitled "Personal Income Tax" is hereby amended by adding thereto the following section:

 

44-30-99. Personal income tax law. -- (3) The division of taxation shall prepare and submit to the general assembly by October 1, 2006, a Rhode Island personal income tax law which includes tax rates, income brackets, and personal exemptions that are indexed to an inflation factor that relies as little as practical upon references to the United States Internal Revenue Code. The report shall be accompanied with necessary recommended legislation necessary to implement the law. The report and legislation shall be transmitted to the Chairman chairperson of the house finance committee and the chairperson of the senate finance committee with copies to the house fiscal advisor and senate fiscal advisor.

 

SECTION 3. Chapter 44-30 of the General Laws entitled "Personal Income Tax" is hereby amended by adding thereto the following section:

 

44-30-2. Annual Rhode Island personal income and tax data report. -- No later than March 15, the division of taxation shall annually submit a report for the previous calendar year of Rhode Island individual income and tax data by size of adjusted gross income to the chairpersons of the house finance committee and senate finance committee, and the house fiscal advisor and the senate fiscal advisor. The report should be as similar as practical to the individual and income tax data for Rhode Island federal taxpayers issued by the Statistics of Income Division of the Internal Revenue Service.

 

SECTION 4. Section 44-33-2.1 of the General Laws in Chapter 44-33 entitled "Property Tax Relief" is hereby repealed.

 

44-33-2.1. Property tax relief. -- (a) A claimant sixty-five (65) years of age or older, and/or disabled during any portion of the year for which the claim was filed shall be paid in full upon receipt of his or her claim for relief under this chapter.

 (b) The tax administrator shall not pay any claims to claimants who were under sixty-five (65) years of age or not disabled on the last day of the taxable year for which the claim is made until the total amount of all timely-filed claims has been paid under subsection (a) of this section. The balance of funds appropriated shall be determined as of June 30 annually less the sum of fifty thousand dollars ($50,000) annually for payment of late-filed claims approved by the tax administrator under section 44-33-18.

 (c) If insufficient funds exist as of June 30 annually to pay the full amount of all claims of persons under sixty-five (65) years of age and/or not disabled on the last day of the taxable year for which the claim is made, the tax administrator shall make payments to each claimant proportionately. No payment shall exceed one hundred percent (100%) of the amount of the claim.

 (d) Late-filed claims approved under section 44-33-18 for claimants sixty-five (65) years of age or older and/or disabled are paid in full upon receipt of his or her claim for relief under this chapter. Late-filed claims approved under section 44-33-18 for claimants under sixty-five (65) years of age and/or not disabled are paid at the same percentage as determined under subsection (c) of this section.

 

SECTION 5 Section 44-33-9 of the General Laws in Chapter 44-33 entitled "Property Tax Relief" is hereby amended to read as follows:

 

44-33-9. Computation of credit. -- The amount of any claim made pursuant to this chapter shall be determined as follows:  (1) For any taxable year, a claimant is entitled to a credit against his or her tax liability equal to the amount by which the property taxes accrued or rent constituting property taxes accrued  upon the claimant's homestead for the taxable year exceeds a certain percentage of the claimant's total household income for that taxable year, which percentage is based upon income level and household size. The credit shall be computed in accordance with the following table:

 

Income Range                           1 Person                                   2 or More Persons

 less than $6000                               3%                                                 3%

$6001-9000                                     4%                                                 4%

$9001-12000                                   5%                                                 5%

$12001-15000                                  6%                                                 5%

$15001-30000                                  6%                                                 6%

 (2) The maximum amount of the credit granted under this chapter will be as follows:

Year                                                                                         Credit Maximum

Commencing July 1977                                                                          $ 55.00

Commencing July 1978                                                                          $150.00

Commencing July 1979                                                                          $175.00

Commencing July 1980                                                                          $200.00

Commencing on July 1997                                                                      $250.00

and subsequent years

Commencing July 2006                                                                          $300.00

 

Commencing July 2007 and subsequent years, the credit shall be increased, at a minimum, to the maximum amount to the nearest five dollar ($5.00) increment within the allocation of five one hundredths of one percent (0.05%) of net terminal income derived from video lottery games up to a maximum of five million dollars ($5,000,000) until a maximum credit of five hundred dollars ($500) is obtained pursuant to the provisions of section 42-61-15. In no event shall the exemption in any fiscal year be less than the prior fiscal year.

 

SECTION 6 Section 44-30-98 of the General Laws in Chapter 44-30 entitled "Personal Income Tax is hereby amended to read as follows:

 

44-30-98. Refundable earned income credit. – A taxpayer shall be allowed a credit as provided in § 44-30-2.6(d); provided, however, ten fifteen percent (10%) (15%) of the excess Rhode Island earned income credit will be refunded for the 2005 2006 taxable year and each taxable year thereafter.

 

SECTION 7. Section 44-30-2.6 of the General Laws in Chapter 44-30 entitled "Personal Income Tax" are 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., 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, 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). However, for tax years beginning on or after January 1, 2006, a taxpayer may elect to use the alternative flat tax rate provided in section 44-30-2.10 to calculate his or her personal income tax liability.

 (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 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 shall be entitled to a credit against the Rhode Island tax imposed under this section:

 (1) earned income credit;

 (2) child and dependent care credit;

 (3) general business credits;

 (4) foreign tax credit;

 (5) credit for elderly or the disabled;

 (6) credit for prior year minimum tax;

 (7) mortgage interest credit;

 (8) empowerment zone employment credit;

 (9) qualified electric vehicle credit;

 The credit shall be twenty-five and one-half percent (25.5%) of the listed 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, there shall be no deduction based on any federal credits 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 8. Chapter 44-30 of the general laws entitled “Personal Income Tax” is hereby amended by adding thereto the following section:

 

44-30-2.10. Alternative flat tax rate. – (a) For tax years beginning on or after January 1, 2006, a taxpayer may elect to compute his or her Rhode Island personal income tax liability as provided in this section. If no election is made, the taxpayer’s personal income tax liability shall be computed as otherwise provided in this chapter.

(b) For purposes of this section, "alternative Rhode Island taxable income” shall mean federal adjusted gross income as determined for federal income tax purposes as modified by section 44-30-12 and 44-30-32 for residents and nonresidents, respectively. No other state or federal deductions or adjustments to income shall be available to the taxpayer.

(c) For purposes of this section, the “alternative tax rate” shall be eight percent (8.0%) for the tax year 2006; seven and one-half percent (7.5%) for  tax year 2007; seven  percent (7%) for tax year 2008; six and one-half percent (6.5%) for tax year 2009; six  percent (6%) for tax year 2010; and five and one-half percent (5.5%) for tax years 2011 and thereafter;

(d) The alternative personal income tax shall be determined by multiplying the taxpayer’s alternative Rhode Island taxable income by the alternative tax rate, less the following credits:

(1) Credit for income taxes paid to other states as provided for in section 44-30-18;

(2) Credit for Rhode Island personal income tax withheld as provided in section 44-30-74;

(3) Credit for Rhode Island payments of estimated tax as provided in section 44-30-56(e) and RI Reg. Sec. PIT 90-17;

(4) Credit for Rhode Island overpayment of taxes as provided in section 44-30-86(a); and

(5) Credit for Rhode Island amount remitted by a limited liability company on behalf of a nonresident member as provided in section 7-16-73(4).

No other state or federal tax credits shall be available to the taxpayer in computing the alternative personal income tax liability.

(e) The provisions of this section may apply regardless of the taxpayer’s filing status.

 

SECTION 9. Sections 44-18-6, 44-18-7, 44-18-8, 44-18-12, 44-18-13, 44-18-16, 44-18-17, 44-18-18.1, 44-18-25 and 44-18-30 of the General Laws in Chapter 44-18 entitled “Sales and Use Taxes—Liability and Computation” are hereby amended to read as follows:

 

44-18-6.  Person defined.-- “Person” includes any individual, firm, co‑partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, trustee, assignee, referee, syndicate, the United States, this state, any city, town district or other political subdivision of this state, any individual or group acting in a fiduciary capacity, or any other group or combination acting as a unit. fiduciary, limited liability company, limited liability partnership, or any other legal entity.

 

44-18-7. Sales Defined --  Additional definitions.—Sales Defined. --  (a) "Hotel" means every building or other structure kept, used, maintained, advertised as or held out to the public to be a place where living quarters are supplied for pay to transient or permanent guests and tenants and includes a motel.

(b) "Living quarters" means sleeping rooms, sleeping or housekeeping accommodations, or any other room or accommodation in any part of the hotel, rooming house or tourist camp which is available for or rented out for hire in the lodging of guests.

(c) "Rooming house" means every house, boat, vehicle, motor court or other structure kept, used, maintained, advertised or held out to the public to be a place where living quarters are supplied for pay to transient or permanent guests or tenants, whether in one or adjoining buildings.

(d) "Sales" means and includes:

(1) Any transfer of title or possession, exchange, barter, lease, or rental, conditional or otherwise, in any manner or by any means of tangible personal property for a consideration.  "Transfer of possession," "lease," or "rental" includes transactions found by the tax administrator to be in lieu of a transfer of title, exchange, or barter.

(2) The producing, fabricating, processing, printing, or imprinting of tangible personal property for a consideration for consumers who furnish either directly or indirectly the materials used in the producing, fabricating, processing, printing, or imprinting.

(3) The furnishing and distributing of tangible personal property for a consideration by social, athletic, and similar clubs and fraternal organizations to their members or others.

(4) The furnishing, preparing, or serving for a consideration of food, meals, or drinks, including any cover, minimum, entertainment, or other charge in connection therewith.

(5) A transaction whereby the possession of tangible personal property is transferred but the seller retains the title as security for the payment of the price.

(6) Any withdrawal, except a withdrawal pursuant to a transaction in foreign or interstate commerce, of tangible personal property from the place where it is located for delivery to a point in this state for the purpose of the transfer of title or possession, exchange, barter, lease, or rental, conditional or otherwise, in any manner or by any means whatsoever, of the property for a consideration.

(7) A transfer for a consideration of the title or possession of tangible personal property which has been produced, fabricated, or printed to the special order of the customer, or any publication.

(8) The furnishing and distributing of electricity, natural gas, artificial gas, steam, refrigeration, and water.

(9)(i) The furnishing for consideration of telecommunications service which includes local exchange service, intrastate toll service, interstate and international toll service, including cellular mobile telephone or telecommunications service, specialized mobile radio and pagers and paging service including any form of mobile two-way communication, all ancillary services, any maintenance services other than as provided for in §44-18-12(ii)(B) and including the furnishing, rental or leasing of all equipment or services pertaining or incidental thereto, provided such service is:  rendered in its entirety within this state, originated in this state and terminated in another state or a foreign country and with respect to which such service is charged to a telephone number, customer or account located in this state or to the account of any transmission instrument in this state, originated in another state or a foreign country and terminated in this state and is charged to a telephone number, customer or account located in this state at which such service is terminated, or to the account of any transmission instrument in this state at which such service is terminated, provided, however, that such service shall not include receipts except as otherwise provided in sections 44-18-8 and 44-18-12.1.  Telecommunications service shall not include service rendered using a prepaid telephone calling arrangement.

    (ii) Notwithstanding the provisions of subsection (a), in accordance with the Mobile Telecommunications Sourcing Act (4 USC 116-126), subject to the specific exemptions described in 4 USC 116(c), and the exemptions provided in R.I. General Laws sections 44-18-8 and 44-18-12.1, mobile telecommunications services that are deemed to be provided by the customer's home service provider are subject to tax under this chapter if the customer's place of primary use is in this state regardless of where the mobile telecommunications services originate, terminate or pass through.  Mobile telecommunications services provided to a customer, the charges for which are billed by or for the customer's home service provider, shall be deemed to be provided by the customer's home service provider.  For the purposes of this paragraph:

(A) “Customer” means either (a) a person or entity that contracts with a home service provider for mobile telecommunications service or (b) if the end user of mobile telecommunications services is not the contracting party, the end user of the mobile telecommunication service, but this clause applies only for the purpose of determining the place of determining the place of primary use.  Customer does not include a reseller of mobile telecommunications services or a serving carrier that is under an arrangement to serve the customer outside the home service provider’s licensed service area.

(B) “Home service provider” means a facilities-based carrier or reseller with which the customer contracts for the provision of mobile telecommunications services.

(C) “Mobile telecommunications service” means commercial mobile radio service as defined in section 20.3 of title 47 of the Code of Federal Regulations in effect on June 1, 1999.

(D) “Place of primary use” means the street address representative of where the customer’s use of the mobile telecommunications service primarily occurs, which must be:

(I) The residential street address or the primary business street address of the customer; and

(II) Within the licensed service area of the home service provider.

(iii) All other definitions and provisions of the Mobile Telecommunications Act as provided in 4 U.S.C. §§ 116-126 are adopted.

    (10) The furnishing of service for transmission of messages by telegraph, cable or radio and the furnishing of community antenna television subscription television and cable television services.

    (11) The rental of living quarters in any hotel, rooming house or tourist camp.

    (12) The transfer for consideration of prepaid telephone calling arrangements and the recharge of prepaid telephone calling arrangements.  If the transfer or recharge of a prepaid telephone calling arrangement does not take place at a vendor's place of business, the transfer or recharge is conclusively determined to take place at the customer's shipping address, or if there is no item shipped, at the customer's billing address or the location associated with the customer's mobile telephone number.  "Prepaid telephone calling arrangement" means and includes a prepaid telephone calling card and/or the right to exclusively purchase telecommunications services, that must be paid for in advance, that enables the origination of calls using an access number and/or authorization code, whether manually or electronically dialed.

 (e) "Tourist camp" means a place where tents or tent houses, or camp cottages, or cabins or other structures are located and offered to the public or any segment of the public for human habitation.

 

44-18-8.  Retail sale or sale at retail defined.-- (a) A "retail sale" or "sale at retail" means a any sale, including lease or rentals of tangible personal property, for any purpose other than resale, sublease or subrent in the regular course of business. and also means the rental of living quarters in any hotel, rooming house or tourist camp.  The sale of tangible personal property to be used for purposes of rental in the regular course of business is considered to be a sale for resale.  "Rental" means the agreeing by the owner to give exclusive use of property to another for a consideration and for any period of time under any one (1) agreement.  In regards to telecommunications service as defined in §44-18-7(d)(9), retail sale does not include the purchase of telecommunications service by a telecommunications provider from another telecommunications provider for resale to the ultimate consumer, provided the purchaser submits to the seller a certificate attesting to the applicability of this exclusion, upon receipt of which the seller is relieved of any tax liability for the sale so long as the certificate is taken in good faith by the seller.  A sale at retail includes sales defined in §44-18-7(13).

    (b) The delivery in this state of tangible personal property by an owner or former owner or by a factor, if the delivery is to a consumer pursuant to a retail sale made by a retailer not engaged in business in this state, is a retail sale in this state by the person making the delivery and he or she shall include the retail selling price of the property in his or her gross receipts.

 

 44-18-12.  "Sale price" defined.-- (a) "Sale price" means the total amount for which tangible personal property is sold or leased or rented, and the total amount charged for the furnishing or distributing of electricity, natural gas, artificial gas, steam, refrigeration, water, telecommunications, telegraph, cable, and radio message service, community antenna television, subscription television and cable television service.  “Sale price” means in regard to telecommunications service the total consideration received for such service as defined in §44-18-7(d)(9).  In order to prevent multistate taxation of all telecommunications service, any taxpayer is allowed a credit or refund of sales tax upon presenting proof that a tax has been paid to another state to which the tax is properly due, for the identical service taxed under this chapter.  “Sale price” means the total amount charged for the rental of living quarters in any hotel, rooming house or tourist camp, valued in money, whether paid in money or otherwise, including all of the following:

    (I) Any services that are a part of the sale, valued in money, whether paid in money or otherwise.

    (II) All receipts, cash, credits, and property of any kind.

    (III) Any amount for which credit is given to the purchaser by the seller.

    (b) "Sale price" does not include any of the following:

    (I) Cash discounts allowed and taken on sales.

    (II) The amount charged for property returned by customers upon rescission of the contract of sale when the entire amount exclusive of handling charges paid for property is refunded either in cash or credit, and where the property is returned within one hundred twenty (120) days from the date of delivery.

    (III) The amount charged for labor or services rendered in installing or applying the property sold or for making alterations to wearing apparel in connection with the sale when the charge is separately stated by the retailer to the purchaser; provided, that in transactions subject to the provisions of this chapter the retailer separately states the charge when requested by the purchaser and any conduct that maybe restrained in the same manner prescribed in chapter 13.1 of title 6.

    (IV) The amount of any tax, not including any manufacturers' or importers' excise tax, imposed by the United States upon or with respect to retail sales whether imposed upon the retailer or the consumer.

(V) Transportation charges separately stated, if the transportation occurs after the purchase of the property is made.

(a) “Sales price” applies to the measure subject to sales tax and means the total amount of consideration, including cash, credit, property, and services, for which personal property or services are sold, leased, or rented, valued in money, whether received in money or otherwise, without any deduction for the following:

(i)  The seller’s cost of the property sold;

(ii)  The cost of materials used, labor or service cost, interest, losses, all costs of transportation to the seller, all taxes imposed on the seller, and any other expense of the seller;

(iii)  Charges by the seller for any services necessary to complete the sale, other than delivery and installation charges;

(iv)  Delivery charges, as defined in 44-18-7.1(i); or

(v)  Credit for any trade-in, as determined by state law.

(b) “Sales price” shall not include:

(i) Discounts, including cash, term, or coupons that are not reimbursed by a third party that are allowed by a seller and taken by a purchaser on a sale;

(ii) The amount charged for labor or services rendered in installing or applying the property sold when the charge is separately stated by the retailer to the purchaser; provided that in transactions subject to the provisions of this chapter the retailer shall separately state such charge when requested by the purchaser and, further, the failure to separately state such charge when requested may be restrained in the same manner as other unlawful acts or practices prescribed in chapter 13.1 of title 6.

(iii) Interest, financing, and carrying charges from credit extended on the sale of personal property or services, if the amount is separately stated on the invoice, bill of sale or similar document given to the purchaser; and

(iv)  Any taxes legally imposed directly on the consumer that are separately stated on the invoice, bill of sale or similar document given to the purchaser.

(v) Manufacturer rebates allowed on the sale of motor vehicles.

(c) “Sales price” shall include consideration received by the seller from third parties if:

(i) The seller actually receives consideration from a party other than the purchaser and the consideration is directly related to a price reduction or discount on the sale;

(ii) The seller has an obligation to pass the price reduction or discount through to the purchaser;

(iii) The amount of the consideration attributable to the sale is fixed and determinable by the seller at the time of the sale of the item to the purchaser; and

(iv) One of the following criteria is met:

(A) The purchaser presents a coupon, certificate or other documentation to the seller to claim a price reduction or discount where the coupon, certificate or documentation is authorized, distributed or granted by a third party with the understanding that the third party will reimburse any seller to whom the coupon, certificate or documentation is presented;

(B) The purchaser identifies himself or herself to the seller as a member of a group or organization entitled to a price reduction or discount (a “preferred customer” card that is available to any patron does not constitute membership in such a group), or

(C) The price reduction or discount is identified as a third party price reduction or discount on the invoice received by the purchaser or on a coupon, certificate or other documentation presented by the purchaser.

 

44-18-13.  Gross receipts defined.--"Gross receipts" means the total amount of the sale price, as defined in §44‑18‑12 or the measure subject to tax as defined in §44-18-12.1, of the retail sales of retailers.

 

44-18-16.  Tangible property defined.-- "Tangible personal property" means personal property which may be seen, weighed, measured, felt, or touched, or which is in any other manner perceptible to the senses.  “Tangible personal property” includes electricity, water, gas, steam, and prewritten computer software.

 

44-18-17.  In this State” defined. -- "In this state" or "in the state" means within the exterior limits of the state of Rhode Island and includes all territory within these limits owned by or ceded to the United States of America.

 

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 or use  meals and beverage 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) “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, 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 or 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.  Eating establishments do not mean “vending machines,” a self-contained automatic device that dispenses for sale foods, beverages, or confection products.  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.

(3) “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.

(d) This local sales or use  meals and beverage 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.

 

44-18-25.  Presumption that sale is for storage, use, or consumption -- Resale certificate. -- It is presumed that all gross receipts are subject to the sales tax, and that the use of all tangible personal property is subject to the use tax, and that all tangible personal property sold or in processing or intended for delivery or delivered in this state is sold or delivered for storage, use, or other consumption in this state, until the contrary is established to the satisfaction of the tax administrator.  The burden of proving the contrary is upon the person who makes the sale and the purchaser, unless the person who makes the sale takes from the purchaser a certificate to the effect that the purchase was for resale.  The certificate relieves the person making the sale from the burden of proof only if taken in good faith from a person who is engaged in the business of making sales at retail and who holds a permit as provided in section § 44-19-2 or 44-19-3 and who, at the time of making the purchase, intends to sell what is so purchased in the regular course of business or is unable to ascertain at the time of purchase whether what is purchased will be sold or will be used for some other purpose.  The certificate shall contain any information and be in the form that the tax administrator may require.

 

44-18-30.  Gross receipts exempt from sales and use taxes. -- There are exempted from the taxes imposed by this chapter the following gross receipts:

(1) Sales and uses beyond constitutional power of state. From the sale and from the storage, use, or other consumption in this state of tangible personal property the gross receipts from the sale of which, or the storage, use, or other consumption of which, this state is prohibited from taxing under the Constitution of the United States or under the constitution of this state.

(2) Newspapers.

(i) From the sale and from the storage, use, or other consumption in this state of any newspaper.

(ii) "Newspaper" means an unbound publication printed on newsprint, which contains news, editorial comment, opinions, features, advertising matter, and other matters of public interest.

(iii) "Newspaper" does not include a magazine, handbill, circular, flyer, sales catalog, or similar item unless the item is printed for and distributed as a part of a newspaper.

(3) School meals. From the sale and from the storage, use, or other consumption in this state of meals served by public, private, or parochial schools, school districts, colleges, universities, student organizations, and parent teacher associations to the students or teachers of a school, college, or university whether the meals are served by the educational institutions or by a food service or management entity under contract to the educational institutions.

(4) Containers

(i) From the sale and from the storage, use, or other consumption in this state of:

(A) Non-returnable containers, including boxes, paper bags, and wrapping materials which are biodegradable and all bags and wrapping materials utilized in the medical and healing arts, when sold without the contents to persons who place the contents in the container and sell the contents with the container.

(B) Containers when sold with the contents if the sale price of the contents is not required to be included in the measure of the taxes imposed by this chapter.

(C) Returnable containers when sold with the contents in connection with a retail sale of the contents or when resold for refilling.

(ii) As used in this subdivision, the term "returnable containers" means containers of a kind customarily returned by the buyer of the contents for reuse. All other containers are "non-returnable containers."

(5) Charitable, educational, and religious organizations. (i) From the sale to as in defined in this section, and from the storage, use, and other consumption in this state or any other state of the United States of America of tangible personal property by hospitals not operated for a profit, "educational institutions" as defined in subdivision (18) not operated for a profit, churches, orphanages, and other institutions or organizations operated exclusively for religious or charitable purposes, interest free loan associations not operated for profit, nonprofit organized sporting leagues and associations and bands for boys and girls under the age of nineteen (19) years, the following vocational student organizations that are state chapters of national vocational students organizations: Distributive Education Clubs of America, (DECA); Future Business Leaders of America, phi beta lambda (FBLA/PBL); Future Farmers of America (FFA); Future Homemakers of America/Home Economics Related Occupations (FHA/HERD); and Vocational Industrial Clubs of America (VICA), organized nonprofit golden age and senior citizens clubs for men and women, and parent teacher associations.

(ii) In the case of contracts entered into with the federal government, its agencies or instrumentalities, this state or any other state of the United States of America, its agencies, any city, town, district, or other political subdivision of the states, hospitals not operated for profit, educational institutions not operated for profit, churches, orphanages, and other institutions or organizations operated exclusively for religious or charitable purposes, the contractor may purchase such materials and supplies (materials and/or supplies are defined as those which are essential to the project) that are to be utilized in the construction of the projects being performed under the contracts without payment of the tax.

(iii) The contractor shall not charge any sales or use tax to any exempt agency, institution, or organization but shall in that instance provide his or her suppliers with certificates in the form as determined by the division of taxation showing the reason for exemption; and the contractor's records must substantiate the claim for exemption by showing the disposition of all property so purchased. If any property is then used for a nonexempt purpose, the contractor must pay the tax on the property used.

(6) Gasoline. From the sale and from the storage, use, or other consumption in this state of: (i) gasoline and other products taxed under chapter 36 of title 31, and (ii) fuels used for the propulsion of airplanes.

(7) Purchase for manufacturing purposes.

(i) From the sale and from the storage, use, or other consumption in this state of computer software, tangible personal property, electricity, natural gas, artificial gas, steam, refrigeration, and water, when the property or service is purchased for the purpose of being manufactured into a finished product for resale, and becomes an ingredient, component, or integral part of the manufactured, compounded, processed, assembled, or prepared product, or if the property or service is consumed in the process of manufacturing for resale computer software, tangible personal property, electricity, natural gas, artificial gas, steam, refrigeration, or water.

(ii) "Consumed" means destroyed, used up, or worn out to the degree or extent that the property cannot be repaired, reconditioned, or rendered fit for further manufacturing use.

(iii) "Consumed" includes mere obsolescence.

(iv) "Manufacturing" means and includes manufacturing, compounding, processing, assembling, preparing, or producing.

(v) "Process of manufacturing" means and includes all production operations performed in the producing or processing room, shop, or plant, insofar as the operations are a part of and connected with the manufacturing for resale of tangible personal property, electricity, natural gas, artificial gas, steam, refrigeration, or water and all production operations performed insofar as the operations are a part of and connected with the manufacturing for resale of computer software.

(vi) "Process of manufacturing" does not mean or include administration operations such as general office operations, accounting, collection, sales promotion, nor does it mean or include distribution operations which occur subsequent to production operations, such as handling, storing, selling, and transporting the manufactured products, even though the administration and distribution operations are performed by or in connection with a manufacturing business.

(8) State and political subdivisions. From the sale to, and from the storage, use, or other consumption by, this state, any city, town, district, or other political subdivision of this state. Every redevelopment agency created pursuant to chapter 31 of title 45 is deemed to be a subdivision of the municipality where it is located.

(9) Food products. 

(i) From the sale and the storage, use, or other consumption in this state, subsequent to March 31, 1948, of food products for human consumption.

(ii) "Food products" includes except as otherwise provided in this subdivision, cereals and cereal products; milk and milk products, other than candy and confectionary, but including ice cream; oleomargarine; meat and meat products; fish and fish products; eggs and egg products; vegetables and vegetable products; fruit and fruit products, including pure fruit juices; spices, condiments, and salt; sugar and sugar products other than candy and confectionery; coffee and coffee substitutes; tea, cocoa and cocoa products, other than candy and confectionery; non-carbonated and non-effervescent bottled waters sold for human consumption.

(iii) "Food products" shall not include spirituous, malt, or vinous liquors; soft drinks, sodas, or beverages that are ordinarily dispensed at bars or soda fountains or in connection therewith; medicines, tonics, vitamins and preparations in liquid, powdered, granular, tablet, capsule, lozenge, or pill form, sold as dietary supplements or adjuncts, except when sold on the prescription of a physician; or mineral and carbonated bottled waters and ice.

(iv) "Food products" also does not include meals served on or off the premises of the retailer; or drinks or food furnished, prepared, or served for consumption at tables, chairs, or counters, or from trays, glasses, dishes, or other tableware provided by the retailer.

(v) "The sale of meals and other food products ordinarily sold for immediate consumption on or off the premises of the retailer is a taxable sale even though such products are sold on a "take out" or "to go" order, and are actually packaged or wrapped and taken from the premises.

(9) Food and food ingredients.—From the sale and storage, use, or other consumption in this state of food and food ingredients as defined in section 44-18-7.1(l).

For the purposes of this exemption “food and food ingredients” shall not include candy, soft drinks, dietary supplements, alcoholic beverages, tobacco, food sold through vending machines or prepared food (as those terms are defined in § 44-18-7.1, unless the prepared food is:

(i)  Sold by a seller whose primary NAICS classification is manufacturing in sector 311, except sub-sector 3118 (bakeries);

(ii)  Sold in an unheated state by weight or volume as a single item;

(iii) Bakery items, including bread, rolls, buns, biscuits, bagels, croissants, pastries, donuts, danish, cakes, tortes, pies, tarts, muffins, bars, cookies, tortillas; and

is not sold with utensils provided by the seller, including plates, knives, forks, spoons, glasses, cups, napkins, or straws.

(10) Medicines, and drugs and durable medical equipment.   From the sale and from the storage, use, or other consumption in this state, subsequent to March 31, 1948, of;

(i) “medicines” and “drugs” as defined in § 5-19-1 [repealed] 44-18-7.1(h)(i), sold on prescriptions, and proprietary medicines, popularly called patent medicines, including, but not limited to, disposable or reusable devices such as syringe infusers, ambulatory drug delivery pumps and supplies used with these items which are sold on prescription to individuals to be used by them to dispense or administer prescription drugs, and related ancillary dressings and supplies used to dispense or administer prescription drugs blood, medical oxygen, and insulin whether or not sold on prescription, and over-the-counter drugs as defined in section 44-18-7.1(h)(ii).  For purposes of this exemption over‑the‑counter drugs shall not include grooming and hygiene products as defined in section 44-18-7.1(h)(iii). 

(ii) Durable medical equipment as defined in section 44‑18‑7.1(k) for home use only, including, but not limited to, syringe infusers, ambulatory drug delivery pumps, hospital beds, convalescent chairs, and chair lifts.  Supplies used in connection with syringe infusers and ambulatory drug delivery pumps which are sold on prescription to individuals to be used by them to dispense or administer prescription drugs, and related ancillary dressings and supplies used to dispense or administer prescription drugs shall also be exempt from tax.

(11) Prosthetic and orthopedic appliances devices and mobility enhancing equipment.  From the sale and from the storage, use, or other consumption in this state, subsequent to March 31, 1948, of prosthetic devices as defined in section 44‑18-7.1(t), sold on prescription, including but not limited to, crutches, artificial limbs, dentures, spectacles and eyeglasses, and artificial eyes; artificial hearing devices and other prostheses or orthopedic appliances designed and purchased to be worn on the person of the owner or user and hearing aids, whether or not sold on prescription and mobility enhancing equipment as defined in 44-18-7.1(p) including wheelchairs, crutches and canes.

(12) Coffins, caskets, and burial garments. From the sale and from the storage, use, or other consumption in this state of coffins or caskets, and shrouds or other burial garments which are ordinarily sold by a funeral director as part of the business of funeral directing.

(13) Motor vehicles sold to nonresidents.

(i) From the sale, subsequent to June 30, 1958, of a motor vehicle to a bona fide nonresident of this state who does not register the motor vehicle in this state, whether the sale or delivery of the motor vehicle is made in this state or at the place of residence of the nonresident. A motor vehicle sold to a bona fide nonresident whose state of residence does not allow a like exemption to its nonresidents is not exempt from the tax imposed under § 44-18-20. In that event the bona fide nonresident pays a tax to Rhode Island on the sale at a rate equal to the rate that would be imposed in his or her state of residence not to exceed the rate that would have been imposed under § 44-18-20.  Notwithstanding any other provisions of law, a licensed motor vehicle dealer shall add and collect the tax required under this subdivision and remit the tax to the tax administrator under the provisions of chapters 18 and 19 of this title. When a Rhode Island licensed motor vehicle dealer is required to add and collect the sales and use tax on the sale of a motor vehicle to a bona fide nonresident as provided in this section, the dealer in computing the tax takes into consideration the law of the state of the nonresident as it relates to the trade-in of motor vehicles.

(ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may require any licensed motor vehicle dealer to keep records of sales to bona fide nonresidents as the tax administrator deems reasonably necessary to substantiate the exemption provided in this subdivision, including the affidavit of a licensed motor vehicle dealer that the purchaser of the motor vehicle was the holder of, and had in his or her possession a valid out of state motor vehicle registration or a valid out of state driver's license.

(iii) Any nonresident who registers a motor vehicle in this state within ninety (90) days of the date of its sale to him or her is deemed to have purchased the motor vehicle for use, storage, or other consumption in this state, and is subject to, and liable for the use tax imposed under the provisions of § 44-18-20.

(14) Sales in public buildings by blind people. From the sale and from the storage, use, or other consumption in all public buildings in this state of all products or wares by any person licensed under § 40-9-11.1.

(15) Air and water pollution control facilities. From the sale, storage, use, or other consumption in this state of tangible personal property or supplies acquired for incorporation into or used and consumed in the operation of a facility, the primary purpose of which is to aid in the control of the pollution or contamination of the waters or air of the state, as defined in chapter 12 of title 46 and chapter 25 of title 23, respectively, and which has been certified as approved for that purpose by the director of environmental management. The director of environmental management may certify to a portion of the tangible personal property or supplies acquired for incorporation into those facilities or used and consumed in the operation of those facilities to the extent that that portion has as its primary purpose the control of the pollution or contamination of the waters or air of this state. As used in this subdivision, "facility" means any land, facility, device, building, machinery, or equipment.

(16) Camps. From the rental charged for living quarters, or sleeping or housekeeping accommodations at camps or retreat houses operated by religious, charitable, educational, or other organizations and associations mentioned in subdivision (5), or by privately owned and operated summer camps for children.

(17) Certain institutions. From the rental charged for living or sleeping quarters in an institution licensed by the state for the hospitalization, custodial, or nursing care of human beings.

(18) Educational institutions. From the rental charged by any educational institution for living quarters, or sleeping or housekeeping accommodations or other rooms or accommodations to any student or teacher necessitated by attendance at an educational institution. "Educational institution" as used in this section means an institution of learning not operated for profit which is empowered to confer diplomas, educational, literary, or academic degrees, which has a regular faculty, curriculum, and organized body of pupils or students in attendance throughout the usual school year, which keeps and furnishes to students and others records required and accepted for entrance to schools of secondary, collegiate, or graduate rank, no part of the net earnings of which inures to the benefit of any individual.

(19) Motor vehicle and adaptive equipment for persons with disabilities.

(i) From the sale of: (A) special adaptations, (B) the component parts of the special adaptations, or (C) a specially adapted motor vehicle; provided, that the owner furnishes to the tax administrator an affidavit of a licensed physician to the effect that the specially adapted motor vehicle is necessary to transport a family member with a disability or where the vehicle has been specially adapted to meet the specific needs of the person with a disability. This exemption applies to not more than one motor vehicle owned and registered for personal, noncommercial use.

(ii) For the purpose of this subsection the term "special adaptations" includes, but is not limited to: wheelchair lifts; wheelchair carriers; wheelchair ramps; wheelchair securements; hand controls; steering devices; extensions, relocations, and crossovers of operator controls; power-assisted controls; raised tops or dropped floors; raised entry doors; or alternative signaling devices to auditory signals.

(iii) For the purpose of this subdivision the exemption for a "specially adapted motor vehicle" means a use tax credit not to exceed the amount of use tax that would otherwise be due on the motor vehicle, exclusive of any adaptations. The use tax credit is equal to the cost of the special adaptations, including installation.

(20) Heating fuels. From the sale and from the storage, use, or other consumption in this state of every type of fuel used in the heating of homes and residential premises.

(21) Electricity and gas. From the sale and from the storage, use, or other consumption in this state of electricity and gas furnished for domestic use by occupants of residential premises.

(22) Manufacturing machinery and equipment.

(i) From the sale and from the storage, use, or other consumption in this state of tools, dies, and molds, and machinery and equipment (including replacement parts), and related items to the extent used in an industrial plant in connection with the actual manufacture, conversion, or processing of tangible personal property, or to the extent used in connection with the actual manufacture, conversion or processing of computer software as that term is utilized in industry numbers 7371, 7372, and 7373 in the standard industrial classification manual prepared by the technical committee on industrial classification, office of statistical standards, executive office of the president, United States bureau of the budget, as revised from time to time, to be sold, or that machinery and equipment used in the furnishing of power to an industrial manufacturing plant. For the purposes of this subdivision, "industrial plant" means a factory at a fixed location primarily engaged in the manufacture, conversion, or processing of tangible personal property to be sold in the regular course of business;

(ii) Machinery and equipment and related items are not deemed to be used in connection with the actual manufacture, conversion, or processing of tangible personal property, or in connection with the actual manufacture, conversion or processing of computer software as that term is utilized in industry numbers 7371, 7372, and 7373 in the standard industrial classification manual prepared by the technical committee on industrial classification, office of statistical standards, executive office of the president, United States bureau of the budget, as revised from time to time, to be sold to the extent the property is used in administration or distribution operations;

(iii) Machinery and equipment and related items used in connection with the actual manufacture, conversion, or processing of any computer software or any tangible personal property which is not to be sold and which would be exempt under subdivision (7) or this subdivision if purchased from a vendor or machinery and equipment and related items used during any manufacturing, converting or processing function is exempt under this subdivision even if that operation, function, or purpose is not an integral or essential part of a continuous production flow or manufacturing process;

(iv) Where a portion of a group of portable or mobile machinery is used in connection with the actual manufacture, conversion, or processing of computer software or tangible personal property to be sold, as previously defined, that portion, if otherwise qualifying, is exempt under this subdivision even though the machinery in that group is used interchangeably and not otherwise identifiable as to use.

(23) Trade-in value of motor vehicles. From the sale and from the storage, use, or other consumption in this state of so much of the purchase price paid for a new or used automobile as is allocated for a trade-in allowance on the automobile of the buyer given in trade to the seller or of the proceeds applicable only to the motor vehicle as are received from an insurance claim as a result of a stolen or damaged motor vehicle, or of the proceeds applicable only to the automobile as are received from the manufacturer of automobiles for the repurchase of the automobile whether the repurchase was voluntary or not towards the purchase of a new or used automobile by the buyer; provided, that the proceeds from an insurance claim or repurchase is in lieu of the benefit prescribed in § 44-18-21 for the total loss or destruction of the automobile; and provided, further, that the tax has not been reimbursed as part of the insurance claim or repurchase. For the purpose of this subdivision, the word "automobile" means a private passenger automobile not used for hire and does not refer to any other type of motor vehicle.

(24) Precious metal bullion.

(i) From the sale and from the storage, use, or other consumption in this state of precious metal bullion, substantially equivalent to a transaction in securities or commodities.

(ii) For purposes of this subdivision, "precious metal bullion" means any elementary precious metal which has been put through a process of smelting or refining, including, but not limited to, gold, silver, platinum, rhodium, and chromium, and which is in a state or condition that its value depends upon its content and not upon its form.

(iii) The term does not include fabricated precious metal which has been processed or manufactured for some one or more specific and customary industrial, professional, or artistic uses.

(25) Commercial vessels. From sales made to a commercial ship, barge, or other vessel of fifty (50) tons burden or over, primarily engaged in interstate or foreign commerce, and from the repair, alteration, or conversion of the vessels, and from the sale of property purchased for the use of the vessels including provisions, supplies, and material for the maintenance and/or repair of the vessels.

(26) Commercial fishing vessels. From the sale and from the storage, use, or other consumption in this state of vessels and other water craft which are in excess of five (5) net tons and which are used exclusively for "commercial fishing", as defined in this subdivision, and from the repair, alteration, or conversion of those vessels and other watercraft, and from the sale of property purchased for the use of those vessels and other watercraft including provisions, supplies, and material for the maintenance and/or repair of the vessels and other watercraft and the boats nets, cables, tackle, and other fishing equipment appurtenant to or used in connection with the commercial fishing of the vessels and other watercraft. "Commercial fishing" means the taking or the attempting to take any fish, shellfish, crustacea, or bait species with the intent of disposing of them for profit or by sale, barter, trade, or in commercial channels. The term does not include subsistence fishing, i.e., the taking for personal use and not for sale or barter; or sport fishing; but shall include vessels and other watercraft with a Rhode Island party and charter boat license issued by the department of environmental management pursuant to § 20-2-27.1 which meet the following criteria: (i) the operator must have a current U.S.C.G. license to carry passengers for hire; (ii) U.S.C.G. vessel documentation in the coast wide fishery trade; (iii) U.S.C.G. vessel documentation as to proof of Rhode Island home port status or a Rhode Island boat registration to prove Rhode Island home port status; (iv) the vessel must be used as a commercial passenger carrying fishing vessel to carry passengers for fishing. The vessel must be able to demonstrate that at least fifty percent (50%) of its annual gross income derives from charters or provides documentation of a minimum of one hundred (100) charter trips annually; (v) the vessel must have a valid Rhode Island party and charter boat license. The tax administrator shall implement the provisions of this subdivision by promulgating rules and regulations relating thereto.

(27) Clothing and footwear.  From the sales of articles of clothing, including footwear, intended to be worn or carried on or about the human body.  For the purposes of this section “clothing or footwear” does not include clothing accessories or equipment or special clothing or footwear primarily designed for athletic activity or protective use as these terms are defined in section 44-18-7.1(f) and which is not normally worn except when so used; and sales of wearing materials or any cloth made of natural or synthetic fibers and used for clothing purposes.

(28) Water for residential use. From the sale and from the storage, use, or other consumption in this state of water furnished for domestic use by occupants of residential premises.

(29) Bibles. [Unconstitutional; see Ahlburn v. Clark, 728 A.2d 449 (R.I. 1999); see Notes to Decisions.] From the sale and from the storage, use, or other consumption in the state of any canonized scriptures of any tax-exempt nonprofit religious organization including, but not limited to, the Old Testament and the New Testament versions.

(30) Boats.

(i) From the sale of a boat or vessel to a bona fide nonresident of this state who does not register the boat or vessel in this state, or document the boat or vessel with the United States government at a home port within the state, whether the sale or delivery of the boat or vessel is made in this state or elsewhere; provided, that the nonresident transports the boat within thirty (30) days after delivery by the seller outside the state for use thereafter solely outside the state.

(ii) The tax administrator, in addition to the provisions of §§ 44-19-17 and 44-19-28, may require the seller of the boat or vessel to keep records of the sales to bona fide nonresidents as the tax administrator deems reasonably necessary to substantiate the exemption provided in this subdivision, including the affidavit of the seller that the buyer represented himself or herself to be a bona fide nonresident of this state and of the buyer that he or she is a nonresident of this state.

(31) Youth activities equipment. From the sale, storage, use, or other consumption in this state of items for not more than twenty dollars ($20.00) each by nonprofit Rhode Island eleemosynary organizations, for the purposes of youth activities which the organization is formed to sponsor and support; and by accredited elementary and secondary schools for the purposes of the schools or of organized activities of the enrolled students.

(32) Farm equipment. From the sale and from the storage or use of machinery and equipment used directly for commercial farming and agricultural production; including, but not limited to, tractors, ploughs, harrows, spreaders, seeders, milking machines, silage conveyors, balers, bulk milk storage tanks, trucks with farm plates, mowers, combines, irrigation equipment, greenhouses and greenhouse coverings, graders and packaging machines, tools and supplies and other farming equipment, including replacement parts, appurtenant to or used in connection with commercial farming and tools and supplies used in the repair and maintenance of farming equipment. "Commercial farming" means the keeping or boarding of five (5) or more horses or the production within this state of agricultural products, including, but not limited to, field or orchard crops, livestock, dairy, and poultry, or their products, where the keeping, boarding, or production provides at least two thousand five hundred dollars ($2,500) in annual gross sales to the operator, whether an individual, a group, a partnership, or a corporation for exemptions issued prior to July 1, 2002; for exemptions issued or renewed after July 1, 2002, there shall be two (2) levels. Level I shall be based on proof of annual gross sales from commercial farming of at least twenty-five hundred dollars ($2,500) and shall be valid for purchases subject to the exemption provided in this subdivision except for motor vehicles with an excise tax value of five thousand dollars ($5,000) or greater; Level II shall be based on proof of annual gross sales from commercial farming of at least ten thousand dollars ($10,000) or greater and shall be valid for purchases subject to the exemption provided in this subdivision including motor vehicles with an excise tax value of five thousand dollars ($5,000) or greater. For the initial issuance of the exemptions, proof of the requisite amount of annual gross sales from commercial farming shall be required for the prior year; for any renewal of an exemption granted in accordance with this subdivision at either Level I or Level II, proof of gross annual sales from commercial farming at the requisite amount shall be required for each of the prior two (2) years. Certificates of exemption issued or renewed after July 1, 2002, shall clearly indicate the level of the exemption and be valid for four (4) years after the date of issue. This exemption applies even if the same equipment is used for ancillary uses, or is temporarily used for a non-farming or a non-agricultural purpose, but shall not apply to motor vehicles acquired after July 1, 2002, unless the vehicle is a farm vehicle as defined pursuant to § 31-1-8 and is eligible for registration displaying farm plates as provided for in § 31-3-31.

(33) Compressed air. From the sale and from the storage, use, or other consumption in the state of compressed air.

(34) Flags. From the sale and from the storage, consumption, or other use in this state of United States, Rhode Island or POW-MIA flags.

(35) Motor vehicle and adaptive equipment to certain veterans. From the sale of a motor vehicle and adaptive equipment to and for the use of a veteran with a service-connected loss of or the loss of use of a leg, foot, hand, or arm, or any veteran who is a double amputee, whether service connected or not. The motor vehicle must be purchased by and especially equipped for use by the qualifying veteran. Certificate of exemption or refunds of taxes paid is granted under rules or regulations that the tax administrator may prescribe.

(36) Textbooks. From the sale and from the storage, use, or other consumption in this state of textbooks by an "educational institution" as defined in subdivision (18) of this section and as well as any educational institution within the purview of § 16-63-9(4) and used textbooks by any purveyor.

(37) Tangible personal property and supplies used in on-site hazardous waste recycling, reuse, or treatment. From the sale, storage, use, or other consumption in this state of tangible personal property or supplies used or consumed in the operation of equipment, the exclusive function of which is the recycling, reuse, or recovery of materials (other than precious metals, as defined in subdivision (24)(ii) of this section) from the treatment of "hazardous wastes", as defined in § 23-19.1-4, where the "hazardous wastes" are generated in Rhode Island solely by the same taxpayer and where the personal property is located at, in, or adjacent to a generating facility of the taxpayer in Rhode Island. The taxpayer shall procure an order from the director of the department of environmental management certifying that the equipment and/or supplies as used, or consumed, qualify for the exemption under this subdivision. If any information relating to secret processes or methods of manufacture, production, or treatment is disclosed to the department of environmental management only to procure an order, and is a "trade secret" as defined in § 28-21-10(b), it is not open to public inspection or publicly disclosed unless disclosure is required under chapter 21 of title 28 or chapter 24.4 of title 23.

(38) Promotional and product literature of boat manufacturers. From the sale and from the storage, use, or other consumption of promotional and product literature of boat manufacturers shipped to points outside of Rhode Island which either: (i) accompany the product which is sold, (ii) are shipped in bulk to out of state dealers for use in the sale of the product, or (iii) are mailed to customers at no charge.

(39) Food items paid for by food stamps. From the sale and from the storage, use, or other consumption in this state of eligible food items payment for which is properly made to the retailer in the form of U.S. government food stamps issued in accordance with the Food Stamp Act of 1977, 7 U.S.C. § 2011 et seq.

(40) Transportation charges. From the sale or hiring of motor carriers as defined in § 39-12-2(l) to haul goods, when the contract or hiring cost is charged by a motor freight tariff filed with the Rhode Island public utilities commission on the number of miles driven or by the number of hours spent on the job.

(41) Trade-in value of boats. From the sale and from the storage, use, or other consumption in this state of so much of the purchase price paid for a new or used boat as is allocated for a trade-in allowance on the boat of the buyer given in trade to the seller or of the proceeds applicable only to the boat as are received from an insurance claim as a result of a stolen or damaged boat, towards the purchase of a new or used boat by the buyer.

(42) Equipment used for research and development. From the sale and from the storage, use, or other consumption of equipment to the extent used for research and development purposes by a qualifying firm. For the purposes of this subdivision, "qualifying firm" means a business for which the use of research and development equipment is an integral part of its operation, and "equipment" means scientific equipment, computers, software, and related items.

(43) Coins. From the sale and from the other consumption in this state of coins having numismatic or investment value.

(44) Farm structure construction materials. Lumber, hardware and other materials used in the new construction of farm structures, including production facilities such as, but not limited to, farrowing sheds, free stall and stanchion barns, milking parlors, silos, poultry barns, laying houses, fruit and vegetable storages, rooting cellars, propagation rooms, greenhouses, packing rooms, machinery storage, seasonal farm worker housing, certified farm markets, bunker and trench silos, feed storage sheds, and any other structures used in connection with commercial farming.

(45) Telecommunications carrier access service. Carrier access service or telecommunications service when purchased by a telecommunications company from another telecommunications company to facilitate the provision of telecommunications service.

(46) Boats or vessels brought into the state exclusively for winter storage, maintenance, repair or sale. Notwithstanding the provisions of §§ 44-18-10, 44-18-11, 44-18-20, the tax imposed by § 44-18-20 is not applicable for the period commencing on the first day of October in any year to and including the 30th day of April next succeeding with respect to the use of any boat or vessel within this state exclusively for purposes of: (i) delivery of the vessel to a facility in this state for storage, including dry storage and storage in water by means of apparatus preventing ice damage to the hull, maintenance, or repair; (ii) the actual process of storage, maintenance, or repair of the boat or vessel; or (iii) storage for the purpose of selling the boat or vessel.

(47) Jewelry display product. From the sale and from the storage, use, or other consumption in this state of tangible personal property used to display any jewelry product; provided, that title to the jewelry display product is transferred by the jewelry manufacturer or seller and that the jewelry display product is shipped out of state for use solely outside the state and is not returned to the jewelry manufacturer or seller.

(48) Boats or vessels generally. Notwithstanding the provisions of this chapter, the tax imposed by §§ 44-18-20 and 44-18-18 shall not apply with respect to the sale and to the storage, use, or other consumption in this state of any new or used boat. The exemption provided for in this subdivision does not apply after October 1, 1993, unless prior to October 1, 1993, the federal ten percent (10%) surcharge on luxury boats is repealed.

(49) Banks and Regulated investment companies interstate toll-free calls. Notwithstanding the provisions of this chapter, the tax imposed by this chapter does not apply to the furnishing of interstate and international, toll-free terminating telecommunication service that is used directly and exclusively by or for the benefit of an eligible company as defined in this subdivision; provided, that an eligible company employs on average during the calendar year no less than five hundred (500) "full-time equivalent employees", as that term is defined in § 42-64.5-2. For purposes of this section, an "eligible company" means a "regulated investment company" as that term is defined in the Internal Revenue Code of 1986, 26 U.S.C. § 1 et seq., or a corporation to the extent the service is provided, directly or indirectly, to or on behalf of a regulated investment company, an employee benefit plan, a retirement plan or a pension plan or a state chartered bank.

(50) Mobile and manufactured homes generally. From the sale and from the storage, use, or other consumption in this state of mobile and/or manufactured homes as defined and subject to taxation pursuant to the provisions of chapter 44 of title 31.

(51) Manufacturing business reconstruction materials.

(i) From the sale and from the storage, use or other consumption in this state of lumber, hardware, and other building materials used in the reconstruction of a manufacturing business facility which suffers a disaster, as defined in this subdivision, in this state. "Disaster" means any occurrence, natural or otherwise, which results in the destruction of sixty percent (60%) or more of an operating manufacturing business facility within this state. "Disaster" does not include any damage resulting from the willful act of the owner of the manufacturing business facility.

(ii) Manufacturing business facility includes, but is not limited to, the structures housing the production and administrative facilities.

(iii) In the event a manufacturer has more than one manufacturing site in this state, the sixty percent (60%) provision applies to the damages suffered at that one site.

(iv) To the extent that the costs of the reconstruction materials are reimbursed by insurance, this exemption does not apply.

(52) Tangible personal property and supplies used in the processing or preparation of floral products and floral arrangements. From the sale, storage, use, or other consumption in this state of tangible personal property or supplies purchased by florists, garden centers, or other like producers or vendors of flowers, plants, floral products, and natural and artificial floral arrangements which are ultimately sold with flowers, plants, floral products, and natural and artificial floral arrangements or are otherwise used in the decoration, fabrication, creation, processing, or preparation of flowers, plants, floral products, or natural and artificial floral arrangements, including descriptive labels, stickers, and cards affixed to the flower, plant, floral product or arrangement, artificial flowers, spray materials, floral paint and tint, plant shine, flower food, insecticide and fertilizers.

(53) Horse food products. From the sale and from the storage, use, or other consumption in this state of horse food products purchased by a person engaged in the business of the boarding of horses.

(54) Non-motorized recreational vehicles sold to nonresidents.

(i) From the sale, subsequent to June 30, 2003, of a non-motorized recreational vehicle to a bona fide nonresident of this state who does not register the non-motorized recreational vehicle in this state, whether the sale or delivery of the non-motorized recreational vehicle is made in this state or at the place of residence of the nonresident; provided, that a non-motorized recreational vehicle sold to a bona fide nonresident whose state of residence does not allow a like exemption to its nonresidents is not exempt from the tax imposed under § 44-18-20; provided, further, that in that event the bona fide nonresident pays a tax to Rhode Island on the sale at a rate equal to the rate that would be imposed in his or her state of residence not to exceed the rate that would have been imposed under § 44-18-20. Notwithstanding any other provisions of law, a licensed non-motorized recreational vehicle dealer shall add and collect the tax required under this subdivision and remit the tax to the tax administrator under the provisions of chapters 18 and 19 of this title. Provided, that when a Rhode Island licensed non-motorized recreational vehicle dealer is required to add and collect the sales and use tax on the sale of a non-motorized recreational vehicle to a bona fide nonresident as provided in this section, the dealer in computing the tax takes into consideration the law of the state of the nonresident as it relates to the trade-in of motor vehicles.

(ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may require any licensed non-motorized recreational vehicle dealer to keep records of sales to bona fide nonresidents as the tax administrator deems reasonably necessary to substantiate the exemption provided in this subdivision, including the affidavit of a licensed non-motorized recreational vehicle dealer that the purchaser of the non-motorized recreational vehicle was the holder of, and had in his or her possession a valid out-of-state non-motorized recreational vehicle registration or a valid out-of-state driver's license.

(iii) Any nonresident who registers a non-motorized recreational vehicle in this state within ninety (90) days of the date of its sale to him or her is deemed to have purchased the non-motorized recreational vehicle for use, storage, or other consumption in this state, and is subject to, and liable for the use tax imposed under the provisions of § 44-18-20.

(iv) "Non-motorized recreational vehicle" means any portable dwelling designed and constructed to be used as a temporary dwelling for travel, camping, recreational, and vacation use which is eligible to be registered for highway use, including, but not limited to, "pick-up coaches" or "pick-up campers," "travel trailers," and "tent trailers" as those terms are defined in chapter 1 of title 31.

(55) Sprinkler and fire alarm systems in existing buildings. From the sale in this state of sprinkler and fire alarm systems, emergency lighting and alarm systems, and from the sale of the materials necessary and attendant to the installation of those systems, that are required in buildings and occupancies existing therein in July 2003, in order to comply with any additional requirements for such buildings arising directly from the enactment of the Comprehensive Fire Safety Act of 2003, and that are not required by any other provision of law or ordinance or regulation adopted pursuant to that Act. The exemption provided in this subdivision shall expire on December 31, 2008.

(56) Aircraft. Notwithstanding the provisions of this chapter, the tax imposed by §§ 44-18-18 and 44-18-20 shall not apply with respect to the sale and to the storage, use, or other consumption in this state of any new or used aircraft or aircraft parts.

(57) Renewable energy products. Notwithstanding any other provisions of Rhode Island general laws the following products shall also be exempt from sales tax: solar photovoltaic modules or panels, or any module or panel that generates electricity from light; solar thermal collectors, including, but not limited to, those manufactured with flat glass plates, extruded plastic, sheet metal, and/or evacuated tubes; geothermal heat pumps, including both water-to-water and water-to-air type pumps; wind turbines; towers used to mount wind turbines if specified by or sold by a wind turbine manufacturer; DC to AC inverters that interconnect with utility power lines; manufactured mounting racks and ballast pans for solar collector, module or panel installation. Not to include materials that could be fabricated into such racks; monitoring and control equipment, if specified or supplied by a manufacturer of solar thermal, solar photovoltaic, geothermal, or wind energy systems or if required by law or regulation for such systems but not to include pumps, fans or plumbing or electrical fixtures unless shipped from the manufacturer affixed to, or an integral part of, another item specified on this list; and solar storage tanks that are part of a solar domestic hot water system or a solar space heating system. If the tank comes with an external heat exchanger it shall also be tax exempt, but a standard hot water tank is not exempt from state sales tax.

(58) Returned property.  The amount charged for property returned by customers upon rescission of the contract of sale when the entire amount exclusive of handling charges paid for the property is refunded in either cash or credit, and where the property is returned within one hundred twenty (120) days from the date of delivery.

(59) Dietary Supplements.  From the sale and from the storage, use or other consumption of dietary supplements as defined in 44-18-7.1(l)(v), sold on prescriptions.

 

SECTION 10.  Chapter 44-18 of the General Laws entitled “Sales and Use Taxes – Liability and Computation” is thereby amended by adding thereto the following sections:

 

44-18-7.1.  Additional Definitions. -- (a) “Agreement” means the Streamlined Sales and Use Tax Agreement.

(b) “Alcoholic Beverages” means beverages that are suitable for human consumption and contain one-half of one percent (.5%) or more of alcohol by volume.

(c) “Bundled Transaction” is the retail sale of two or more products, except real property and services to real property, where (1) the products are otherwise distinct and identifiable, and (2) the products are sold for one non-itemized price.  A “bundled transaction” does not include the sale of any products in which the “sales price” varies, or is negotiable, based on the selection by the purchaser of the products included in the transaction.

(i) “Distinct and identifiable products” does not include:

(A)  Packaging – such as containers, boxes, sacks, bags, and bottles – or other materials – such as wrapping, labels, tags, and instruction guides – that accompany the “retail sale” of the products and are incidental or immaterial to the “retail sale” thereof.  Examples of packaging that are incidental or immaterial include grocery sacks, shoeboxes, dry cleaning garment bags and express delivery envelopes and boxes.

(B)  A product provided free of charge with the required purchase of another product.  A product is “provided free of charge” if the “sales price” of the product purchased does not vary depending on the inclusion of the products “provided free of charge.”

(C) Items included in the member state’s definition of “sales price,” pursuant to Appendix C of the Agreement.

(ii) The term “one non-itemized price” does not include a price that is separately identified by product on binding sales or other supporting sales-related documentation made available to the customer in paper or electronic form including, but not limited to, an invoice, bill of sale, receipt, contract, service agreement, lease agreement, periodic notice of rates and services, rate card, or price list.

(iii) A transaction that otherwise meets the definition of a “bundled transaction” as defined above, is not a “bundled transaction” if it is:

(A)  The “retail sale” of tangible personal property and a service where the tangible personal property is essential to the use of the service, and is provided exclusively in connection with the service, and the true object of the transaction is the service; or

(B)  The “retail sale” of services where one service is provided that is essential to the use or receipt of a second service and the first service is provided exclusively in connection with the second service and the true object of the transaction is the second service; or

(C) A transaction that includes taxable products and nontaxable products and the “purchase price” or “sales price” of the taxable products is de minimis.

1. De minimis means the seller’s “purchase price” or “sales price” of the taxable products is ten percent (10%) or less of the total “purchase price” or “sales price” of the bundled products.

2. Sellers shall use either the “purchase price” or the “sales price” of the products to determine if the taxable products are de minimis.  Sellers may not use a combination of the “purchase price” and “sales price” of the products to determine if the taxable products are de minimis.

3. Sellers shall use the full term of a service contract to determine if the taxable products are de minimis; or

(D)  The “retail sale” of exempt tangible personal property and taxable tangible personal property where:

1. the transaction includes “food and food ingredients”, “drugs”, “durable medical equipment”, “mobility enhancing equipment”, “over-the-counter drugs”, “prosthetic devices” (all as defined in Section 44-18-7.1) or medical supplies; and

2. where the seller’s “purchase price” or “sales price” of the taxable tangible personal property is fifty percent (50%) or less of the total “purchase price” or “sales price” of the bundled tangible personal property.  Sellers may not use a combination of the “purchase price” and “sales price” of the tangible personal property when making the fifty percent (50%) determination for a transaction.

(d)“Certified Automated System (CAS)” means software certified under the Agreement to calculate the tax imposed by each jurisdiction on a transaction, determine the amount of tax to remit to the appropriate state, and maintain a record of the transaction.

(e) “Certified Service Provider (CSP)” means an agent certified under the Agreement to perform all the seller’s sales and use tax functions, other than the seller’s obligation to remit tax on its own purchases.

(f) Clothing and Related Items

(i) “Clothing” means all human wearing apparel suitable for general use.

(ii) “Clothing accessories or equipment” means incidental items worn on the person or in conjunction with “clothing.”  “Clothing accessories or equipment” does not include “clothing,” “sport or recreational equipment,” or “protective equipment.”

(iii) “Protective equipment” means items for human wear and designed as protection of the wearer against injury or disease or as protections against damage or injury of other persons or property but not suitable for general use.  “Protective equipment” does not include “clothing,” “clothing accessories or equipment,” and “sport or recreational equipment.”

(iv) “Sport or recreational equipment” means items designed for human use and worn in conjunction with an athletic or recreational activity that are not suitable for general use.  “Sport or recreational equipment” does not include “clothing,” “clothing accessories or equipment,” and “protective equipment.”

(g) Computer and Related Items

(i) “Computer” means an electronic device that accepts information in digital or similar form and manipulates it for a result based on a sequence of instructions.

(ii) “Computer software” means a set of coded instructions designed to cause a “computer” or automatic data processing equipment to perform a task.

(iii) “Delivered electronically” means delivered to the purchaser by means other than tangible storage media.

(iv) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(v) “Load and leave” means delivery to the purchaser by use of a tangible storage media where the tangible storage media is not physically transferred to the purchaser.

(vi) “Prewritten computer software” means “computer software,” including prewritten upgrades, which is not designed and developed by the author or other creator to the specifications of a specific purchaser.  The combining of two (2) or more “prewritten computer software” programs or prewritten portions thereof does not cause the combination to be other than “prewritten computer software.”  “Prewritten computer software” includes software designed and developed by the author or other creator to the specifications of a specific purchaser when it is sold to a person other than the specific purchaser.  Where a person modifies or enhances “computer software” of which the person is not the author or creator, the person shall be deemed to be the author or creator only of such person’s modifications or enhancements.  “Prewritten computer software” or a prewritten portion thereof that is modified or enhanced to any degree, where such modification or enhancement is designed and developed to the specifications of a specific purchaser, remains “prewritten computer software;” provided, however, that where there is a reasonable, separately stated charge or an invoice or other statement of the price given to the purchaser for such modification or enhancement, such modification or enhancement shall not constitute “prewritten computer software.”

(h) Drugs and Related Items

(i) “Drug” means a compound, substance or preparation, and any component of a compound, substance or preparation, other than “food and food ingredients,” “dietary supplements” or “alcoholic beverages:”

(A) Recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, and supplement to any of them; or

(B) Intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease; or

(C)  Intended to affect the structure of any function of the body.

“Drug” shall also include blood, insulin and medical oxygen whether or not sold on prescription.

(ii) “Over-the-counter-drug” means a drug that contains a label that identifies the product as a drug as required by 21 C.F.R. § 201.66.  The “over-the-counter-drug” label includes:

(A)  A “Drug Facts” panel; or

(B)  A statement of the “active ingredient(s)” with a list of those ingredients contained in the compound, substance or preparation.

“Over-the-counter-drug” shall not include “grooming and hygiene products.”

(iii) “Grooming and hygiene products” are soaps and cleaning solutions, shampoo, toothpaste, mouthwash, antiperspirants, and suntan lotions and screens, regardless of whether the items meet the definition of “over-the-counter-drugs.”

(iv) “Prescription” means an order, formula or recipe issued in any form of oral, written, electronic, or other means of transmission by a duly licensed practitioner authorized by the laws of the member state.

(i) “Delivery charges” means charges by the seller of personal property or services for preparation and delivery to a location designated by the purchaser of personal property or services including, but not limited to, transportation, shipping, postage, handling, crating, and packing.

“Delivery charges” shall not include the charges for delivery of “direct mail” if the charges are separately stated on an invoice or similar billing document given to the purchaser.

(j) “Direct mail” means printed material delivered or distributed by United States mail or other delivery service to a mass audience or to addressees on a mailing list provided by the purchaser or at the direction of the purchaser when the cost of the items are not billed directly to the recipients.  “Direct mail” includes tangible personal property supplied directly or indirectly by the purchaser to the direct mail seller for inclusion in the package containing the printed material.  “Direct mail” does not include multiple items of printed material delivered to a single address.

(k) “Durable medical equipment” means equipment including repair and replacement parts for same which:

(i)  Can withstand repeated use; and

(ii)  Is primarily and customarily used to serve a medical purpose; and

(iii)  Generally is not useful to a person in the absence of illness or injury; and

(iv)  Is not worn in or on the body.

Durable medical equipment does not include mobility enhancing equipment.

(l) Food and Related Items

(i) “Food and food ingredients” means substances, whether in liquid, concentrated, solid, frozen, dried, or dehydrated form, that are sold for ingestion or chewing by humans and are consumed for their taste or nutritional value.  “Food and food ingredients” does not include “alcoholic beverages,” “tobacco,” “candy,” “dietary supplements” and “soft drinks.”

(ii) “Prepared food” means:

(A)  Food sold in a heated state or heated by the seller;

(B)  Two (2) or more food ingredients mixed or combined by the seller for sale as a single item; or

(C)  Food sold with eating utensils provided by the seller, including plates, knives, forks, spoons, glasses, cups, napkins, or straws.  A plate does not include a container or packaging used to transport the food.

“Prepared food” in B does not include food that is only cut, repackaged, or pasteurized by the seller, and eggs, fish, meat, poultry, and foods containing these raw animal foods requiring cooking by the consumer as recommended by the Food and Drug Administration in chapter 3, part 401.11 of its Food Code so as to prevent food borne illnesses.

(iii) “Candy” means a preparation of sugar, honey, or other natural or artificial sweeteners in combination with chocolate, fruits, nuts or other ingredients or flavorings in the form of bars, drops, or pieces.  “Candy” shall not include any preparation containing flour and shall require no refrigeration.

(iv) “Soft drinks” means non-alcoholic beverages that contain natural or artificial sweeteners.  “Soft drinks” do not include beverages that contain milk or milk products, soy, rice or similar milk substitutes, or greater than fifty percent (50%) of vegetable or fruit juice by volume.

(v) “Dietary supplement” means any product, other than “tobacco,” intended to supplement the diet that:

(A)  Contains one or more of the following dietary ingredients:

1.  A vitamin;

2.  A mineral;

3.  An herb or other botanical;

4.  An amino acid;

5.  A dietary substance for use by humans to supplement the diet by increasing the total dietary intake; or

6.  A concentrate, metabolite, constituent, extract, or combination of any ingredient described in above; and

(B)  Is intended for ingestion in tablet, capsule, powder, softgel, gelcap, or liquid form, or if not intended for ingestion in such a form, is not represented as conventional food and is not represented for use as a sole item of a meal or of the diet; and

(C)  Is required to be labeled as a dietary supplement, identifiable by the “Supplemental Facts” box found on the label and as required pursuant to 21 C.F.R. § 101.36.

(m) “Food sold through vending machines” means food dispensed from a machine or other mechanical device that accepts payment.

(n) “Hotel” means every building or other structure kept, used, maintained, advertised as or held out to the public to be a place where living quarters are supplied for pay to transient or permanent guests and tenants and includes a motel.

(i) “Living quarters” means sleeping rooms, sleeping or housekeeping accommodations, or any other room or accommodation in any part of the hotel, rooming house or tourist camp which is available for or rented out for hire in the lodging of guests.

(ii) “Rooming house” means every house, boat, vehicle, motor court or other structure kept, used, maintained, advertised or held out to the public to be a place where living quarters are supplied for pay to transient or permanent guests or tenants, whether in one or adjoining buildings.

(iii) “Tourist camp” means a place where tents or tent houses, or camp cottages, or cabins or other structures are located and offered to the public or any segment thereof for human habitation.

(o) “Lease or rental” means any transfer of possession or control of tangible personal property for a fixed or indeterminate term for consideration.  A lease or rental may include future options to purchase or extend.  Lease or rental does not include:

(i) A transfer of possession or control of property under a security agreement or deferred payment plan that requires the transfer of title upon completion of the required payments;

(ii) A transfer or possession or control of property under an agreement that requires the transfer of title upon completion of required payments and payment of an option price does not exceed the greater of one hundred dollars ($100) or one percent of the total required payments; or

(iii) Providing tangible personal property along with an operator for a fixed or indeterminate period of time.  A condition of this exclusion is that the operator is necessary for the equipment to perform as designed.  For the purpose of this subsection, an operator must do more than maintain, inspect, or set-up the tangible personal property.

(iv) Lease or rental does include agreements covering motor vehicles and trailers where the amount of consideration may be increased or decreased by reference to the amount realized upon sale or disposition of the property as defined in 26 USC 7701(h)(1).

(v) This definition shall be used for sales and use tax purposes regardless if a transaction is characterized as a lease or rental under generally accepted accounting principles, the Internal Revenue Code, the Uniform Commercial Code, or other provisions of federal, state or local law.

(vi) This definition will be applied only prospectively from the date of adoption and will have no retroactive impact on existing leases or rentals.  This definition shall neither impact any existing sale-leaseback exemption or exclusions that a state may have, nor preclude a state from adopting a sale-leaseback exemption or exclusion after the effective date of the Agreement.

(p) “Mobility enhancing equipment” means equipment including repair and replacement parts to same, which:

(i)  Is primarily and customarily used to provide or increase the ability to move from one place to another and which is appropriate for use either in a home or a motor vehicle; and

(ii)  Is not generally used by persons with normal mobility; and

(iii)  Does not include any motor vehicle or equipment on a motor vehicle normally provided by a motor vehicle manufacturer.

Mobility enhancing equipment does not include durable medical equipment.

(q) “Model 1 Seller” means a seller that has selected a CSP as its agent to perform all the seller’s sales and use tax functions, other than the seller’s obligation to remit tax on its own purchases.

(r) “Model 2 Seller” means a seller that has selected a CAS to perform part of its sales and use tax functions, but retains responsibility for remitting the tax.

(s) “Model 3 Seller” means a seller that has sales in at least five member states, has total annual sales revenue of at least five hundred million dollars ($500,000,000), has a proprietary system that calculates the amount of tax due each jurisdiction, and has entered into a performance agreement with the member states that establishes a tax performance standard for the seller.  As used in this definition, a seller includes an affiliated group of sellers using the same proprietary system.

(t) “Prosthetic device” means a replacement, corrective, or supportive devices including repair and replacement parts for same worn on or in the body to:

(i)  Artificially replace a missing portion of the body;

(ii)  Prevent or correct physical deformity or malfunction; or

(iii) Support a weak or deformed portion of the body.

(u) “Purchaser” means a person to whom a sale of personal property is made or to whom a service is furnished.

(v) “Purchase price” applies to the measure subject to use tax and has the same meaning as sales price.

(w) “Seller” means a person making sales, leases, or rentals of personal property or services.

(x) “State” means any state of the United States and the District of Columbia.

(y) “Telecommunications” tax base/exemption terms

(i) Telecommunication terms shall be defined as follows:

(A) “Ancillary services” means services that are associated with or incidental to the provision of “telecommunications services”, including, but not limited to, “detailed telecommunications billing”, “directory assistance”, “vertical service”, and “voice mail services”.

(B) “Conference bridging service” means an “ancillary service” that links two (2) or more participants of an audio or video conference call and may include the provision of a telephone number.  “Conference bridging service” does not include the “telecommunications services” used to reach the conference bridge.

(C) “Detailed telecommunications billing service” means an “ancillary service” of separately stating information pertaining to individual calls on a customer’s billing statement.

(D) “Directory assistance” means an “ancillary service” of providing telephone number information, and/or address information.

(E) “Vertical service” means an “ancillary service” that is offered in connection with one or more “telecommunications services”, which offers advanced calling features that allow customers to identify callers and to manage multiple calls and call connections, including “conference bridging services”.

(F) “Voice mail service” means an “ancillary service” that enables the customer to store, send or receive recorded messages.  “Voice mail service” does not include any “vertical services” that the customer may be required to have in order to utilize the “voice mail service”.

(G) “Telecommunications service” means the electronic transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points.  The term “telecommunications service” includes such transmission, conveyance, or routing in which computer processing applications are used to act on the form, code or protocol of the content for purposes of transmission, conveyance or routing without regard to whether such service is referred to as voice over Internet protocol services or is classified by the Federal Communications Commission as enhanced or value added.  “Telecommunications service” does not include:

(1) Data processing and information services that allow data to be generated, acquired, stored, processed, or retrieved and delivered by an electronic transmission to a purchaser where such purchaser’s primary purpose for the underlying transaction is the processed data or information;

(2) Installation or maintenance of wiring or equipment on a customer’s premises;

(3) Tangible personal property;

(4) Advertising, including but not limited to, directory advertising.

(5) Billing and collection services provided to third parties;

(6) Internet access service;

(7) Radio and television audio and video programming services, regardless of the medium, including the furnishing of transmission, conveyance and routing of such services by the programming service provider.  Radio and television audio and video programming services shall include, but not be limited to, cable service as defined in 47 USC 522(6) and audio and video programming services delivered by commercial mobile radio service providers, as defined in 47 CFR 20.3;

(8) “Ancillary services”; or

(9) Digital products “delivered electronically”, including, but not limited to, software, music, video, reading materials or ring tones.

(H) “800 service” means a “telecommunications service” that allows a caller to dial a toll-free number without incurring a charge for the call.  The service is typically marketed under the name “800”, “855”, “866”, “877”, and “888” toll-free calling, and any subsequent numbers designated by the Federal Communications Commission.

(I) “900 service” means an inbound toll “telecommunications service” purchased by a subscriber that allows the subscriber’s customers to call in to the subscriber’s prerecorded announcement or live service.  “900 service” does not include the charge for:  collection services provided by the seller of the “telecommunications services” to the subscriber, or service or product sold by the subscriber to the subscriber’s customer.  The service is typically marketed under the name “900 service,” and any subsequent numbers designated by the Federal Communications Commission.

(J) “Fixed wireless service” means a “telecommunications service” that provides radio communication between fixed points.

(K) “Mobile wireless service” means a “telecommunications service” that is transmitted, conveyed or routed regardless of the technology used, whereby the origination and/or termination points of the transmission, conveyance or routing are not fixed, including, by way of example only, “telecommunications services” that are provided by a commercial mobile radio service provider.

(L) “Paging service” means a “telecommunications service” that provides transmission of coded radio signals for the purpose of activating specific pagers; such transmissions may include messages and/or sounds.

(M) “Prepaid calling service” means the right to access exclusively “telecommunications services”, which must be paid for in advance and which enables the origination of calls using an access number of authorization code, whether manually or electronically dialed, and that is sold in predetermined units or dollars of which the number declines with use in a known amount.

(N) “Prepaid wireless calling service” means a “telecommunications service” that provides the right to utilize “mobile wireless service” as well as other non-telecommunications services including the download of digital products “delivered electronically”, content and “ancillary services” which must be paid for in advance that is sold in predetermined units of dollars of which the number declines with use in a known amount.

(O) “Private communications service” means a telecommunications service that entitles the customer to exclusive or priority use of a communications channel or group of channels between or among termination points, regardless of the manner in which such channel or channels are connected, and includes switching capacity, extension lines, stations, and any other associated services that are provided in connection with the use of such channel or channels.

(P) “Value-added non-voice data service” means a service that otherwise meets the definition of “telecommunications services” in which computer processing applications are used to act on the form, content, code, or protocol of the information or data primarily for a purpose other than transmission, conveyance or routing.

(ii) “Modifiers of Sales Tax Base/Exemption Terms” – the following terms can be used to further delineate the type of “telecommunications service” to be taxed or exempted.  The terms would be used with the broader terms and subcategories delineated above.

(A) “Coin-operated telephone service” means a “telecommunications service” paid for by inserting money into a telephone accepting direct deposits of money to operate.

(B) “International” means a “telecommunications service” that originates or terminates in the United States and terminates or originates outside the United States, respectively.  United States includes the District of Columbia or a U.S. territory or possession.

(C) “Interstate” means a “telecommunications service” that originates in one United States state, or a United States territory or possession, and terminates in a different United States state or a United States territory or possession.

(D) “Intrastate” means a “telecommunications service” that originates in one United States state or a United States territory or possession, and terminates in the same United States state or a United States territory or possession.

(E) “Pay telephone service” means a “telecommunications service” provided through any pay telephone.

(F) “Residential telecommunications service” means a “telecommunications service” or “ancillary services” provided to an individual for personal use at a residential address, including an individual dwelling unit such as an apartment.  In the case of institutions where individuals reside, such as schools or nursing homes, “telecommunications service” is considered residential if it is provided to and paid for by an individual resident rather than the institution.

The terms “ancillary services” and “telecommunications service” are defined as a broad range of services.  The terms “ancillary services” and “telecommunications service” are broader than the sum of the subcategories.  Definitions of subcategories of “ancillary services” and “telecommunications service” can be used by a member state alone or in combination with other subcategories to define a narrower tax base than the definitions of “ancillary services” and “telecommunications service” would imply.  The subcategories can also be used by a member state to provide exemptions for certain subcategories of the more broadly defined terms.

A member state that specifically imposes tax on, or exempts from tax, local telephone or local telecommunications service may define “local service” in any manner in accordance with Section 44-18.1-28, except as limited by other sections of this Agreement.

(z) “Tobacco” means cigarettes, cigars, chewing or pipe tobacco, or any other item that contains tobacco.

 

44-18-7.2.  Sales Tax Holiday Definitions.-- The definitions in this part are only applicable for the purpose of administration of a sales tax holiday, as defined in Section 44‑18.1-23.

(a) “Eligible property” means an item of a type, such as clothing, that qualifies for a sales tax holiday exemption in a member state.

(b) “Layaway sale” means a transaction in which property is set aside for future delivery to a customer who makes a deposit, agrees to pay the balance of the purchase price over a period of time, and, at the end of the payment period, receives the property.  An order is accepted for layaway by the seller, when the seller removes the property from normal inventory or clearly identifies the property as sold to the purchaser.

(c) “Rain check” means the seller allows a customer to purchase an item at a certain price at a later time because the particular item was out of stock.

(d) “School supply” is an item commonly used by a student in a course of study.  The term is mutually exclusive of the terms “school art supply,” “school instructional material,” and “school computer supply,” and may be taxed differently.  The following is an all-inclusive list:

(i) binders;

(ii) book bags;

(iii) calculators;

(iv) cellophane tape;

(v) blackboard chalk;

(vi) compasses;

(vii) composition books;

(viii) crayons;

(ix) erasers;

(x) folders; expandable, pocket, plastic and manila;

(xi) glue, paste and paste sticks;

(xii) highlighters;

(xiii) index cards;

(xiv) index card boxes;

(xv) legal pads;

(xvi) lunch boxes;

(xvii) markers;

(xviii) notebooks;

(xix) paper; loose leaf ruled notebook paper, copy paper, graph paper, tracing paper, manila paper, colored paper, poster board and construction paper;

(xx) pencil boxes and other school supply boxes;

(xxi) pencil sharpeners;

(xxii) pencils;

(xxiii) pens;

(xxiv) protractors;

(xxv) rulers;

(xxvi) scissors; and

(xxvii) writing tablets.

(e) “School art supply” is an item commonly used by a student in a course of study for artwork.  The term is mutually  exclusive of the terms “school supply,” “school instructional material,” and “school computer supply,” and may be taxed differently.  The following is an all-inclusive list:

(i) clay and glazes;

(ii) paints; acrylic, tempora and oil;

(iii) paintbrushes for artwork;

(iv) sketch and drawing pads; and

(v) watercolors

(f) “School instructional material” is written material commonly used by a student in a course of study as a reference and to learn the subject being taught.  The term is mutually exclusive of the terms “school supply,” “school art supply,” and “school computer supply,” and may be taxed differently.  The following is an all-inclusive list:

(i) reference books;

(ii) reference maps and globes;

(iii) textbooks; and

(iv) workbooks.

(g) “School computer supply” is an item commonly used by a student in a course of study in which a computer is used.  The term is mutually exclusive of the terms “school supply,” “school art supply,” and “school instructional material,” and may be taxed differently.  The following is an all-inclusive list:

(i) computer storage media; diskettes, compact disks;

(ii) handheld electronic schedulers, except devices that are cellular phones;

(iii) personal digital assistants, except devices that are cellular phones;

(iv) computer printers; and

(v) printer supplies for computers; printer paper, printer ink.

 

44-18-12.1. “Additional measure subject to tax.”— Also included in the measure subject to tax under this chapter is the total amount charged for the furnishing or distributing of electricity, natural gas, artificial gas, steam, refrigeration, water, telecommunications, telegraph, cable, and radio message service, community antenna television, subscription television, and cable television service; provided, that the measure of tax in regard to telecommunications service is the total consideration received for the service as defined in 44‑18‑7(9); provided, that in order to prevent multistate taxation of all telecommunications service, any taxpayer is allowed a credit or refund of sales tax upon presenting proof that a tax has been paid to another state to which the tax is properly due for the identical service taxed under this chapter.  Furthermore, included in the measure of tax is the total amount charged for the rental of living quarters in any hotel, rooming house, or tourist camp.

 

44-18-19.1.  Direct Pay Permit. -- (a) A business that regularly purchases goods and services for use both within and outside this state may, at its option, apply to the tax administrator for a direct pay permit.  The holder of a direct pay permit shall be authorized to make payment of sales and use tax on purchases of goods and services directly to the division of taxation in lieu of payment to the seller.  Said permit shall be valid for a twenty-four (24) month period subject to renewal.

(b) The issuance of a direct pay permit is subject to the discretion of the tax administrator.  Prior to issuance of said permit the tax administrator must be satisfied that such an action shall not jeopardize the collection of tax.

(c) The tax administrator shall publish regulations regarding the conditions upon which a direct pay permit shall issue.

 

SECTION 11.  Section 44-19-10 of the general laws in chapter 44-19 entitled “Sales and Use Taxes – Enforcement and Collection” is hereby amended to read as follows:

 

44-19-10.  Monthly returns and payments -- Monthly reports by show promoters.-—Except as provided in the Streamlined Sales and Use Tax Agreement contained in Chapter 44-18.1 (a)(1) The the taxes imposed by chapter 18 of this title are due and payable to the tax administrator monthly on or before the twentieth day of the month next succeeding the month for which return is required to be made.  On or before the twentieth (20th) day of each month, a return for the previous month shall be filed with the tax administrator in a form that the tax administrator may prescribe.  For purposes of the sales tax a return shall be filed by every person engaged in the business of making retail sales, the gross receipts from which are required to be included in the measure of the sales tax.  The tax administrator may require the filing of a return by any person holding a permit as provided in § 44-19-2 or 44-19-3.  For purposes of the use tax a return shall be filed by every retailer maintaining a place of business in the state and by every person purchasing tangible personal property, the storage, use, or other consumption of which is subject to the use tax, who has not paid the use tax due to a retailer required to collect the tax.

(2) The return shall be in a form, include information, and bear any signatures that the tax administrator may require.  At the time of the filing of any return required under this chapter the taxpayer shall pay to the tax administrator the tax due for the month covered by that return.  For the purposes of the sales tax, gross receipts from rentals or leases of tangible personal property are reported and the tax paid in the manner required by the tax administrator.  The tax administrator for good cause may extend, for not to exceed one (1) month, the time for making any return or paying any amount required to be paid under this chapter.  Any person to whom an extension is granted, shall pay, in addition to the tax, interest at the annual rate prescribed by § 44-1-7, as amended, or fraction of it, from the date on which the tax would have been due without the extension until the date of payment.

(3) Where a taxpayer's sales and use tax liability for six (6) consecutive months has averaged less than two hundred dollars ($200) per month, a quarterly return and remittances in lieu of a monthly return may be made on or before the last day of July, October, January and April of each year for the preceding three (3) months' period when specially authorized in writing by the tax administrator under those rules and regulations as may be prescribed by the administrator.  In the event that a taxpayer filing his or her return on a quarterly basis, as provided in this section, becomes delinquent in either the filing of his or her return or the payment of the taxes due, or in the event that the liability of a taxpayer, who has been authorized to file his or her return and to make payments on a quarterly basis, exceeds six hundred dollars ($600) in sales and use taxes for any subsequent quarter, or in the event that the tax administrator determines that any quarterly filing of return and payment of tax due thereon would unduly jeopardize the proper administration of the provisions of this chapter or of chapter 18 of this title, the tax administrator may, at any time, revoke the authorization, in which case the taxpayer will then be required to file his or her return and to pay the tax due in the manner provided for in this section.

(b) Every promoter shall file a report monthly, within twenty (20) days after the end of the prior month, for each show which the promoter operates, listing the date and place of each show and the name, address and permit number, by show, of every person whom the promoter permitted to display or sell tangible personal property, services or food and drink.  Every person shall furnish the promoter of any show at which the person displays or sells tangible personal property, services or food and drink, information for the promoter's use in filing the report required by this subsection.

 

SECTION 12.  Title 44 of the General Laws entitled “Taxation” is hereby amended by adding thereto the following chapter:

 

CHAPTER 44-18.1

ADOPTION OF THE STREAMLINED SALES AND USE TAX AGREEMENT

 

44-18.1-1.  Adoption of streamlined sales and use tax agreement–Regulations. — Rhode Island adopts the Streamlined Sales And Use Tax Agreement as created on November 12, 2002 and amended, by the member states of the Streamlined Sales Tax Project.  The entire Agreement is adopted by reference with the exception of articles III, IV and VI which are adopted as set out in this chapter.  The tax administrator shall promulgate rules and regulations necessary to be in compliance with the provisions of this Agreement.

 

44-18.1-1.1. “Member State” defined. -- For the purposes of Section 44-18.1, the term “member state” shall include the State of Rhode Island.

 

44-18.1-2.  State Level Administration. -- Each member state shall provide state level administration of sales and use taxes.  The state level administration may be performed by a member state’s tax commission, department of revenue, or any other single entity designated by state law.  Sellers are only required to register with, file returns with, and remit funds to the state level authority.  Each member state shall provide for collection of any local taxes and distribution of them to the appropriate taxing jurisdictions.  Each member state shall conduct, or authorize others to conduct on its behalf, all audits of the sellers registered under the Agreement for that state’s tax and the tax of its local jurisdictions, and local jurisdictions shall not conduct independent sales or use tax audits of sellers registered under the Agreement.

 

44-18.1-3.  State and Local Tax Bases. — Through December 31, 2005, if a member state has local jurisdictions that levy a sales or use tax, all local jurisdictions in the state shall have a common tax base.  After December 31, 2005, the tax base for local jurisdictions shall be identical to the state tax base unless otherwise prohibited by federal law.  This section does not apply to sales or use taxes levied on the retail sale or transfer of motor vehicles, aircraft, watercraft, modular homes, manufactured homes, or mobile homes.

 

44-18.1-4.  Seller Registration. — Each member state shall participate in an online sales and use tax registration system in cooperation with the other member states.  Under this system:

(A) A seller registering under the Agreement is registered in each of the member states.

(B) The member states agree not to require the payment of any registration fees or other charge for a seller to register in a state in which the seller has no legal requirement to register.

(C) A written signature from the seller is not required.

(D) An agent may register a seller under uniform procedures adopted by the member states.

(E) A seller may cancel its registration under the system at any time under uniform procedures adopted by the governing board.  Cancellation does not relieve the seller of its liability for remitting to the proper states any taxes collected.

 

44-18.1-5.  Notice for State Tax Changes. — (A) Each member state shall lessen the difficulties faced by sellers when there is a change in a state sales or use tax rate or base by making a reasonable effort to do all of the following:

(1) Provide sellers with as much advance notice as practicable of a rate change.

(2) Limit the effective date of a rate change to the first day of a calendar quarter.

(3) Notify sellers of legislative changes in the tax base and amendments to sales and use tax rules and regulations.

(B) Failure of a seller to receive notice or failure of a member state to provide notice or limit the effective date of a rate change shall not relieve the seller of its obligation to collect sales or use taxes for that member state.

 

44-18.1-6.  Local Rate and Boundary Changes. — Each member state that has local jurisdictions that levy a sales or use tax shall:

(A) Provide that local rate changes will be effective only on the first day of a calendar quarter after a minimum of sixty days’ notice to sellers.

(B) Apply local sales tax rate changes to purchases from printed catalogs wherein the purchaser computed the tax based upon local tax rates published in the catalog only on the first day of a calendar quarter after a minimum of one hundred twenty days’ notice to sellers.

(C) For sales and use tax purposes only, apply local jurisdiction boundary changes only on the first day of a calendar quarter after a minimum of sixty days’ notice to sellers.

(D) Provide and maintain a database that describes boundary changes for all taxing jurisdictions.  This database shall include a description of the changes and the effective date of the change for sales and use tax purposes.

(E) Provide and maintain a database of all sales and use tax rates for all of the jurisdictions levying taxes within the state.  For the identification of states, counties, cities, and parishes, codes corresponding to the rates must be provided according to Federal Information Processing Standards (FIPS) as developed by the National Institute of Standards and Technology.  For the identification of all other jurisdictions, codes corresponding to the rates must be in the format determined by the governing board.

(F) Provide and maintain a database that assigns each five digit and nine digit zip code within a member state to the proper tax rates and jurisdictions.  The state must apply the lowest combined tax rate imposed in the zip code area if the area includes more than one tax rate in any level of taxing jurisdictions.  If a nine digit zip code designation is not available for a street address or if a seller or CSP is unable to determine the nine digit zip code designation applicable to a purchase after exercising due diligence to determine the designation, the seller or CSP may apply the rate for the five digit zip code area.  For the purposes of this section, there is a rebuttable presumption that a seller or CSP has exercised due diligence if the seller has attempted to determine the nine digit zip code designation by utilizing software approved by the governing board that makes this designation from the street address and the five digit zip code applicable to a purchase.

(G) Have the option of providing address-based boundary database records for assigning taxing jurisdictions and their associated rates which shall be in addition to the requirements of subsection (F) of this section.  The database records must be in the same approved format as the database records pursuant to subsection (F) of this section and must meet the requirements developed pursuant to the federal Mobile Telecommunications Sourcing Act (4 U.S.C. Sec. 119(a)).  The governing board may allow a member state to require sellers that register under this Agreement to use an address‑based database provided by that member state.  If any member state develops address‑based assignment database records pursuant to the Agreement, a seller or CSP may use those database records in place of the five and nine-digit zip code database records provided for in subsection (F) of this section.  If a seller or CSP is unable to determine the applicable rate and jurisdiction using an address-based database record after exercising due diligence, the seller or CSP may apply the nine digit zip code designation applicable to a purchase.  If a nine-digit zip code designation is not available for a street address or if a seller or CSP is unable to determine the nine digit zip code designation applicable to a purchase after exercising due diligence to determine the designation, the seller or CSP may apply the rate for the five digit zip code area.  For the purposes of this section, there is a rebuttable presumption that a seller or CSP has exercised due diligence if the seller or CSP has attempted to determine the tax rate and jurisdiction by utilizing software approved by the governing board that makes this assignment from the address and zip code information applicable to the purchase.

(H) States that have met the requirements of subsection (F) may also elect to certify vendor provided address-based databases for assigning tax rates and jurisdictions.  The databases must be in the same approved format as the database records pursuant to (G) of this section and must meet the requirements developed pursuant to the federal Mobil Telecommunications Sourcing Act (4 U.S.C.A. Sec. 119(a))).  If a state certifies a vendor address-based database, a seller or CSP may use that database in place of the database provided for in subsection (F) or (G) of this section.  Vendors providing address-based databases may request certification of their databases from the governing board.  Certification by the governing board does not replace the requirement that the databases be certified by the states individually.

 

44-18.1-7.  Relief from Certain Liability. -- Each member state shall relieve sellers and CSPs using databases pursuant to subsections (F), (G) and (H) of Section 44-18-1.6 from liability to the member state and local jurisdictions for having charged and collected the incorrect amount of sales or use tax resulting from the seller or CSP relying on erroneous data provided by a member state on tax rates, boundaries, or taxing jurisdiction assignments.  After providing adequate notice as determined by the governing board, a member state that provides an address‑based database for assigning taxing jurisdictions pursuant to Section 44-18.1-6, subsection (G) or (H) may cease providing liability relief for errors resulting from the reliance on the database provided by the member state under the provisions of Section 44-18.1-6, subsection (F).  If a seller demonstrates that requiring the use of the address-based database would create an undue hardship, a member state and the governing board may extend the relief from liability to such seller for a designated period of time.

 

44-18.1-8.  Database Requirements and Exceptions. — (A) The electronic databases provided for in Section 44-18.1-6, subsections (D), (E), (F), and (G) shall be in a downloadable format approved by the governing board.  The databases may be directly provided by the state or provided by a vendor as designated by the state.  A database provided by a vendor as designated by a state shall be applicable to and subject to all provisions of Section 44-18.1-6 and 44-18.1-7 and this section.  These databases must be provided at no cost to the user of the database.

(B) The provisions of Section 44-18.1-6, subsections (F) and (G) do not apply when the purchased product is received by the purchaser at the business location of the seller.

(C) The databases provided by Section 44-18.1-6, subsections (D), (E), (F), and (G) are not a requirement of a state prior to entering into the Agreement.  A seller that did not have a requirement to register in a state prior to registering pursuant to this Agreement or a CSP shall not be required to collect sales or use taxes for a state until the first day of the calendar quarter commencing more than sixty days after the state has provided the databases required by Section 44-18.1-6, subsections (D), (E) and (F).

 

44-18.1-9.  State and Local Tax Rates. — (A) No member state shall have multiple state sales and use tax rates on items of personal property or services after December 31, 2005, except that a member state may impose a single additional rate, which may be zero, on food and food ingredients and drugs as defined by state law pursuant to the Agreement.

(B) A member state that has local jurisdictions that levy a sales or use tax shall not have more than one local sales tax rate or more than one local use tax rate per local jurisdiction.  If the local jurisdiction levies both a sales tax and use tax, the local rates must be identical.

(C) The provisions of this section do not apply to sales or use taxes levied on electricity, piped natural or artificial gas, or other heating fuels delivered by the seller, or the retail sale or transfer of motor vehicles, aircraft, watercraft, modular homes, manufactured homes, or mobile homes.

 

44-18.1-10.  Application of General Sourcing Rules and Exclusions from the Rules. — (A) Each member state shall agree to require sellers to source the retail sale of a product in accordance with Section 44-18.1-11.  The provisions of Section 44-18.1-11 apply regardless of the characterization of a product as tangible personal property, a digital good, or a service.  The provisions of Section 44-18.1-11 only apply to determine a seller’s obligation to pay or collect and remit a sales or use tax with respect to the seller’s retail sale of a product.  These provisions do not affect the obligation of a purchaser or lessee to remit tax on the use of the product to the taxing jurisdictions of that use.

(B) Section 44-18.1-11 does not apply to sales or use taxes levied on the following:

(1) The retail sale or transfer of watercraft, modular homes, manufactured homes, or mobile homes.  These items must be sourced according to the requirements of each member state.

(2) The retail sale, excluding lease or rental, of motor vehicles, trailers, semi-trailers, or aircraft that do not qualify as transportation equipment, as defined in Section 44-18.1-11, subsection (D).  The retail sale of these items shall be sourced according to the requirements of each member state, and the lease or rental of these items must be sourced according to Section 44-18.1-11, subsection (C).

(3) Telecommunications services, as set out in Section 44-18.1-16, shall be sourced in accordance with Section 44-18.1-15.

(4) Until December 31, 2007, florist sales as defined by each member state.  Prior to this date, these items must be sourced according to the requirements of each member state.

 

44-18.1-11.  General Sourcing Rules. — (A) The retail sale, excluding lease or rental, of a product shall be sourced as follows:

(1) When the product is received by the purchaser at a business location of the seller, the sale is sourced to that business location.

(2) When the product is not received by the purchaser at a business location of the seller, the sale is sourced to the location where receipt by the purchaser (or the purchaser’s donee, designated as such by the purchaser) occurs, including the location indicated by instructions for delivery to the purchaser (or donee), known to the seller.

(3) When subsections (A)(1) and (A)(2) do not apply, the sale is sourced to the location indicated by an address for the purchaser that is available from the business records of the seller that are maintained in the ordinary course of the seller’s business when use of this address does not constitute bad faith.

(4) When subsections (A)(1), (A)(2) and (A)(3) do not apply, the sale is sourced to the location indicated by an address for the purchaser obtained during the consummation of the sale, including the address of a purchaser’s payment instrument, if no other address is available, when use of this address does not constitute bad faith.

(5) When none of the previous rules of subsections (A)(1), (A)(2), (A)(3), or (A)(4) apply, including the circumstance in which the seller is without sufficient information to apply the previous rules, then the location will be determined by the address from which tangible personal property was shipped, from which the digital good or the computer software delivered electronically was first available for transmission by the seller, or from which the service was provided (disregarding for these purposes any location that merely provided the digital transfer of the product sold).

(B) The lease or rental of tangible personal property, other than property identified in subsection (C) or subsection (D), shall be sourced as follows:

(1) For a lease or rental that requires recurring periodic payments, the first periodic payment is sourced the same as a retail sale in accordance with the provisions of subsection (A).  Periodic payments made subsequent to the first payment are sourced to the primary property location for each period covered by the payment.  The primary property location shall be as indicated by an address for the property provided by the lessee that is available to the lessor from its records maintained in the ordinary course of business, when use of this address does not constitute bad faith.  The property location shall not be altered by intermittent use at different locations, such as use of business property that accompanies employees on business trips and service calls.

(2) For a lease or rental that does not require recurring periodic payments, the payment is sourced the same as a retail sale in accordance with the provisions of subsection (A).

(3) This subsection does not affect the imposition or computation of sales or use tax on leases or rentals based on a lump sum or accelerated basis, or on the acquisition of property for lease.

(C) The lease or rental of motor vehicles, trailers, semi-trailers, or aircraft that do not qualify as transportation equipment, as defined in subsection (D), shall be sourced as follows:

(1) For a lease or rental that requires recurring periodic payments, each periodic payment is sourced to the primary property location.  The property location shall be as indicated by an address for the property provided by the lessee that is available to the lessor from its records maintained in the ordinary course of business, when use of this address does not constitute bad faith.  This location shall not be altered by intermittent use at different locations.

(2) For a lease or rental that does not require recurring periodic payments, the payment is sourced the same as a retail sale in accordance with the provisions of subsection (A).

(3) This subsection does not affect the imposition or computation of sales or use tax on leases or rentals based on a lump sum or accelerated basis, or on the acquisition of property for lease.

(D) The retail sale, including lease or rental, of transportation equipment shall be sourced the same as a retail sale in accordance with the provisions of subsection (A), notwithstanding the exclusion of lease or rental in subsection (A).  “Transportation equipment” means any of the following:

(1) Locomotives and railcars that are utilized for the carriage of persons or property in interstate commerce.

(2) Trucks and truck-tractors with a Gross Vehicle Weight rating (GVWR) or 10,001 pounds or greater, trailers, semi-trailers, or passenger buses that are:

(a) Registered through the International Registration Plan; and

(b) Operated under authority of a carrier authorized and certificated by the U.S. Department of Transportation or another federal authority to engage in the carriage of persons or property in interstate commerce.

(3) Aircraft that are operated by air carriers authorized and certificated by the U.S. Department of Transportation or another federal or a foreign authority to engage in the carriage of persons or property in interstate or foreign commerce.

(4) Containers designed for use on and component parts attached or secured on the items set forth in subsection (D)(1) through (D)(3).

 

44-18.1-12.  General Sourcing Definitions. — For the purposes of Section 44-18.1-11, subsection (A), the terms “receive” and “receipt” mean:

(A) Taking possession of tangible personal property,

(B) Making first use of services, or

(C) Taking possession or making first use of digital goods, whichever comes first.  The terms “receive” and “receipt” do not include possession by a shipping company on behalf of the purchaser.

 

44-18.1-13.  Multiple Points of Use. — (A) Notwithstanding the provisions of Section 44‑18.1-11, a business purchaser that is not a holder of a direct pay permit that knows at the time of its purchase of a digital good, computer software, or a service that the digital good, computer software, or service will be concurrently available for use in more than one jurisdiction shall deliver to the seller in conjunction with its purchase an exemption certificate claiming multiple points of use or meet the requirements of Section 44-18.1-13, subsections (B) or (C).  Computer software, for purposes of this section includes, but is not limited to computer software delivered electronically, by load and leave, or in tangible form.  Computer software received in-person by a business purchaser at a business location of the seller is not included.

Upon receipt of an exemption certificate claiming multiple points of use, the seller is relieved of all obligation to collect, pay, or remit the applicable tax and the purchaser shall be obligated to collect, pay, or remit the applicable tax on a direct pay basis.

(2) A purchaser delivering an exemption certificate claiming multiple points of use may use any reasonable, but consistent and uniform, method of apportionment that is supported by the purchaser’s books and records as they exist at the time the transaction is reported for sales or use tax purposes.

(3) A purchaser delivering an exemption certificate claiming multiple points of use shall report and pay the appropriate tax to each jurisdiction where concurrent use occurs.  The tax due will be calculated as if the apportioned amount of the digital good, computer software or service had been delivered to each jurisdiction to which the sale is apportioned pursuant to Section 44-18.1-13, subdivision (A)(2).

(4) The exemption certificate claiming multiple points of use will remain in effect for all future sales by the seller to the purchaser (except as to the subsequent sale’s specific apportionment that is governed by the principles of Section 44-18.1-13, subdivisions (A)(2) and (A)(3)) until it is revoked in writing.

(B) Notwithstanding Section 44-18.1-13, subsection (A), when the seller knows that the product will be concurrently available for use in more than one jurisdiction, but the purchaser does not provide an exemption certificate claiming multiple points of use as required in subsection (A), the seller may work with the purchaser to produce the correct apportionment.  The purchaser and seller may use any reasonable, but consistent and uniform, method of apportionment that is supported by the seller’s and purchaser’s business records as they exist at the time the transaction is reported for sales or use tax purposes.  If the purchaser certifies to the accuracy of the apportionment and the seller accepts the certification, the seller shall collect and remit the tax pursuant to Section 44-18.1-13, subdivision (A)(3).  In the absence of bad faith, the seller is relieved of any further obligation to collect tax on any transaction where the seller has collected tax pursuant to the information certified by the purchaser.

(C) When the seller knows that the product will be concurrently available for use in more than one jurisdiction and the purchaser does not have a direct pay permit and does not provide the seller with an exemption certificate claiming multiple points of use exemption as required in Section 44-18.1-13, subsection (A), or certification pursuant to Section 44-18.1-13, subsection (B), the seller shall collect and remit the tax based on the provisions of Section 44-18.1-11.

(D) A holder of a direct pay permit shall not be required to deliver an exemption certificate claiming multiple points of use to the seller.  A direct pay permit holder shall follow the provisions of Section 44-18.1-13, subdivisions (A)(2) and (A)(3) of this section in apportioning the tax due on a digital good, computer software, or a service that will be concurrently available for use in more than one jurisdiction.

(E) Nothing in this section shall limit a person’s obligation for sales or use tax to any state in which the qualifying purchases are concurrently available for use, nor limit a person’s ability under local, state, federal, or constitutional law, to claim a credit for sales or use taxes legally due and paid to other jurisdictions.

 

44-18.1-14.  Direct Mail Sourcing. — (A) Notwithstanding Section 44-18.1-11, a purchaser of direct mail that is not a holder of a direct pay permit shall provide to the seller in conjunction with the purchase a Direct Mail Form or information to show the jurisdictions to which the direct mail is delivered to recipients.

(1) Upon receipt of the Direct Mail Form, the seller is relieved of all obligations to collect, pay, or remit the applicable tax and the purchaser is obligated to pay or remit the applicable tax on a direct pay basis.  A Direct Mail Form shall remain in effect for all future sales of direct mail by the seller to the purchaser until it is revoked in writing.

(2)  Upon receipt of information from the purchaser showing the jurisdictions to which the direct mail is delivered to recipients, the seller shall collect the tax according to the delivery information provided by the purchaser.  In the absence of bad faith, the seller is relieved of any further obligation to collect tax on any transaction where the seller has collected tax pursuant to the delivery information provided by the purchaser.

(B) If the purchaser of direct mail does not have a direct pay permit and does not provide the seller with either a Direct Mail Form or delivery information, as required by subsection (A) of this section, the seller shall collect the tax according to Section 44-18.1-11, subsection (A)(5).  Nothing in this paragraph shall limit a purchaser’s obligation for sales or use tax to any state to which the direct mail is delivered.

(C) If a purchaser of direct mail provides the seller with documentation of direct pay authority, the purchaser shall not be required to provide a Direct Mail Form or delivery information to the seller.

 

44-18.1-15.  Telecommunication Sourcing Rule. — (A) Except for the defined telecommunication services in subsection (C), the sale of telecommunication service sold on a call-by-call basis shall be sourced to (I) each level of taxing jurisdiction where the call originates and terminates in that jurisdiction or (ii) each level of taxing jurisdiction where the call either originates or terminates and in which the service addressed is also located.

(B) Except for the defined telecommunication services in subsection (C), a sale of telecommunications services sold on a basis other than a call-by-call basis, is sourced to the customer’s place of primary use.

(C) The sale of the following telecommunication services shall be sourced to each level of taxing jurisdiction as follows:

(1) A sale of mobile telecommunications services other than air-to-ground radiotelephone service and prepaid calling service, is sourced to the customer’s place of primary use as required by the Mobile Telecommunications Sourcing Act.

(2) A sale of post-paid calling service is sourced to the origination point of the telecommunications signal as first identified by either (i) the seller’s telecommunications system, or (ii) information received by the seller from its service provider, where the system used to transport such signals is not that of the seller.

(3) A sale of prepaid calling service or a sale of a prepaid wireless calling service is sourced in accordance with Section 44-18.1-11.  Provided however, in the case of a sale of a prepaid wireless calling service, the rule provided in Section 44-18.1-11, subsection (A)(5) shall include as an option the location associated with the mobile telephone number.

(4) A sale of a private communication service is sourced as follows:

(a) Service for a separate charge related to a customer channel termination point is sourced to each level of jurisdiction in which such customer channel termination point is located.

(b) Service where all customer termination points are located entirely within one jurisdiction or levels of jurisdiction is sourced in such jurisdiction in which the customer channel termination points are located.

(c) Service for segments of a channel between two customer channel termination points located in different jurisdictions and which segment of channel are separately charged is sourced fifty percent in each level of jurisdiction in which the customer channel termination points are located.

(d) Service for segments of a channel located in more than one jurisdiction or levels of jurisdiction and which segments are not separately billed is sourced in each jurisdiction based on the percentage determined by dividing the number of customer channel termination points in such jurisdiction by the total number of customer channel termination points.

 

44-18.1-16.  Telecommunication Sourcing Definitions. — For the purpose of Section 44‑18.1-15 and 44-18-7, the following definitions apply:         

(A) “Air-to-Ground Radiotelephone service” means a radio service, as that term is defined in 47 CFR 22.99, in which common carriers are authorized to offer and provide radio telecommunications service for hire to subscribers in aircraft.

(B) “Call-by-call Basis” means any method of charging for telecommunications services where the price is measured by individual calls.

(C) “Communications Channel” means a physical or virtual path of communications over which signals are transmitted between or among customer channel termination points.

(D) “Customer” means the person or entity that contracts with the seller of telecommunications services.  If the end user of telecommunications services is not the contracting party, the end user of the telecommunications service is the customer of the telecommunication service, but this sentence only applies for the purpose of sourcing sales of telecommunications services under Section 44-18.1-15.  “Customer” does not include a reseller of telecommunications service or for mobile telecommunications service of a serving carrier under an agreement to serve the customer outside the home service provider’s licensed service area.

(E) “Customer Channel Termination Point” means the location where the customer either inputs or receives the communications.

(F) “End user” means the person who utilizes the telecommunication service.  In the case of an entity, “end user” means the individual who utilizes the service on behalf of the entity.

(G) “Home service provider” means the same as that term is defined in Section 124(5) of Public Law 106-252 (Mobile Telecommunications Sourcing Act).

(H) “Mobile telecommunications service” means the same as that term is defined in Section 124(7) of Public Law 106-252 (Mobile Telecommunications Sourcing Act).

(I) “Place of primary use” means the street address representative of where the customer’s use of the telecommunications service primarily occurs, which must be the residential street address or the primary business street address of the customer.  In the case of mobile telecommunications services, “place of primary use” must be within the licensed service area of the home service provider.

(J) “Post-paid calling service” means the telecommunications service obtained by making a payment on a call-by-call basis either through the use of a credit card or payment mechanism such as a bank card, travel card, credit card, or debit card, or by charge made to a telephone number which is not associated with the origination or termination of the telecommunications service.  A post-paid calling service includes a telecommunications service, except a prepaid wireless calling service, that would be a prepaid calling service except it is not exclusively a telecommunication service.

(K) “Service address” means:

(1) The location of the telecommunications equipment to which a customer’s call is charged and from which the call originates or terminates, regardless of where the call is billed or paid.

(2) If the location in subsection (K)(1) is not known, service address means the origination point of the signal of the telecommunications services first identified by either the seller’s telecommunications system or in information received by the seller from its service provider, where the system used to transport such signals is not that of the seller.

(3) If the location in subsection (K)(1) and subsection (K)(2) are not known, the service address means the location of the customer’s place of primary use.

 

44-18.1-17.  Enactment of Exemptions. — (a) For the purpose of this section and section 44-18.1-18, the following definitions apply:

(1) Entity-Based Exemption.  An exemption based on who purchases the product or who sells the product.  An exemption that is available to all individuals shall not be considered an entity-based exemption.

(2) Product-Based Exemption.  An exemption based on the description of the product and not based on who purchases the product or how the purchaser intends to use the product.

(3) Use-Based Exemption.  An exemption based on a specified use of the product by the purchaser.

(b) A member state shall enact entity-based, use-based and product-based exemptions in accordance with the provisions of this section and shall utilize common definitions in accordance with the provisions of this section and shall utilize common definitions in accordance with the provisions of Section 44-18.1-28 and Library of Definitions in Appendix C of the Streamlined Sales and Use Tax Agreement.

(c)(1) A member state may enact a product-based exemption without restriction if Part II of the Library of Definitions does not have a definition for such product.

(2) A member state may enact a product-based exemption for a product if Part II of the Library of Definitions has a definition for such product and the member state utilizes in the exemption the product definition in a manner consistent with Part II of the Library of Definitions and Section 44-18.1-28.

(3) A member state may enact a product-based exemption exempting all items included within a definition in Part II of the Library of Definitions but shall not exempt specific items included within the product definition unless the product definition sets out an exclusion for such item.

(d)(1) A member state may enact an entity-based or a use-based exemption for a product without restriction if Part II of the Library of Definitions does not have a definition for such product.

(2) A member state may enact an entity-based or a use-based exemption for a product if Part II of the Library of Definitions has a definition for such product and the member state utilizes in the exemption the product definition in a manner consistent with Part II of the Library of Definitions and Section 44-18.1-28 of this Agreement.

(3) A member state may enact an entity-based exemption for an item if Part II of the Library of Definitions does not have a definition for such item but has a definition for a product that includes such item.

(4) A member state may not enact a use-based exemption for an item which effectively constitutes a product-based exemption if Part II of the Library of Definitions has a definition for a product that includes such item.

(5) A member state may enact a use-based exemption for an item if Part II of the Library of Definitions has a definition for a product that includes such item, if not prohibited in Subsection (C)(4) of this section and if consistent with the definition in Part II of the Library of Definitions.

(e) For purposes of complying with the requirements in this section, the inclusion of a product within the definition of tangible personal property is disregarded.

 

44-18.1-18.  Administration of Exemptions. — (A) Each member state shall observe the following provisions when a purchaser claims an exemption:

(1) The seller shall obtain identifying information of the purchaser and the reason for claiming a tax exemption at the time of the purchase as determined by the governing board.

(2) A purchaser is not required to provide a signature to claim an exemption from tax unless a paper exemption certificate is used.

(3) The seller shall use the standard form for claiming an exemption electronically as adopted by the governing board.

(4) The seller shall obtain the same information for proof of a claimed exemption regardless of the medium in which the transaction occurred.

(5) A member state may utilize a system wherein the purchaser exempt from the payment of the tax is issued an identification number that shall be presented to the seller at the time of the sale.

(6) The seller shall maintain proper records of exempt transactions and provide them to a member state when requested.

(7) A member state shall administer use-based and entity-based exemptions when practicable through a direct pay permit, an exemption certificate, or other means that does not burden sellers.

(8) After December 31, 2007, in the case of drop shipment sales, member states must allow a third party vendor (e.g., drop shipper) to claim a resale exemption based on an exemption certificate provided by its customer/re-seller or any other acceptable information available to the third party vendor evidencing qualification for a resale exemption, regardless of whether the customer/re-seller is registered to collect and remit sales and use tax in the state where the sale is sourced.

(B) Each member state shall relieve sellers that follow the requirements of this section from the tax otherwise applicable if it is determined that the purchaser improperly claimed an exemption and to hold the purchaser liable for the nonpayment of tax.  This relief from liability does not apply to a seller who fraudulently fails to collect the tax; to a seller who solicits purchasers to participate in the unlawful claim of an exemption; to a seller who accepts an exemption certificate when the purchaser claims an entity-based exemption when (1) the subject of the transactions sought to be covered by the exemption certificate is actually received by the purchaser at a location operated by the seller and (2) the state in which that location resides provides an exemption certificate that clearly and affirmatively indicates (graying out exemption reason types on the uniform form and posting it on a state’s web site is an indicator) that the claimed exemption is not available in that state; or to a seller who accepts an exemption certificate claiming multiple points of use for tangible personal property other than computer software for which an exemption claiming multiple points of use is acceptable under Section 44-18.1-13.

(C) Each state shall relieve a seller of the tax otherwise applicable if the seller obtains a fully completed exemption certificate or captures the relevant data elements required under the Agreement within 90 days subsequent to the sate of sale.

(1) If the seller has not obtained an exemption certificate or all relevant data elements as provided in Section 44-18.1-18, subsection (C) the seller may, within 120 days subsequent to a request for substantiation by a member state, either prove that the transaction was not subject to tax by other means or obtain a fully completed exemption certificate from the purchaser, taken in good faith.  For purposes of this section, member states may continue to apply their own standards of good faith until such time as a uniform standard for good faith is defined in the Agreement.

(2) Nothing in this section shall affect the ability of member states to require purchasers to update exemption certificate information or to reapply with the state to claim certain exemptions.

(3) Notwithstanding the aforementioned, each member state shall relieve a seller of the tax otherwise applicable if it obtains a blanket exemption certificate for a purchaser with which the seller has a recurring business relationship.  States may not request from the seller renewal of blanket certificates or updates of exemption certificate information or data elements when there is a recurring business relationship between the buyer and seller.  For purposes of this section a recurring business relationship exists when a period of no more than twelve months elapses between sales transactions.

 

44-18.1-19.  Uniform Tax Returns. — Each member state shall:

(A) Require that only one tax return for each taxing period for each seller be filed for the member state and all the taxing jurisdictions within the member state.

(B) Require that returns be due no sooner than the twentieth day of the month following the month in which the transaction occurred.

(C) Allow any Model 1, Model 2, or Model 3 seller to submit its sales and use tax returns in a simplified format that does not include more data fields than permitted by the governing board.  A member state may require additional informational returns to be submitted not more frequently than every six months under a staggered system developed by the governing board.

(D) Allow any seller that is registered under the Agreement, which does not have a legal requirement to register in the member state, and is not a Model 1, 2, or 3 seller, to submit its sales and use tax returns as follows:

(1) Upon registration, a member state shall provide to the seller the returns required by that state.

(2) A member state may require a seller to file a return anytime within one year of the month of initial registration, and future returns may be required on an annual basis in succeeding years.

(3) In addition to the returns required in subsection (D)(2), a member state may require sellers to submit returns in the month following any month in which they have accumulated state and local tax funds for the state in the amount of one thousand dollars or more.

(E) Participate with other member states in developing a more uniform sales and use tax return that, when completed, would be available to all sellers.

(F) Require, at each member state’s discretion, all Model 1, 2, and 3 sellers to file returns electronically.  It is the intent of the member states that all member states have the capability of receiving electronically filed returns.

 

44-18.1-20.  Uniform Rules for Remittances of Funds. — Each member state shall:

(A) Require only one remittance for each return except as provided in this subsection.  If any additional remittance is required, it may only be required from sellers that collect more than thirty thousand dollars in sales and use taxes in the member state during the preceding calendar year as provided herein.  The state shall allow the amount of any additional remittance to be determined through a calculation method rather than actual collections.  Any additional remittances shall not require the filing of an additional return.

(B) Require, at each member state’s discretion, all remittances from sellers under Models 1, 2, and 3 to be remitted electronically.

(C) Allow for electronic payments by both ACH Credit and ACH Debit.

(D) Provide an alternative method for making “same day” payments if an electronic funds transfer fails.

(E) Provide that if a due date falls on a legal banking holiday in a member state, the taxes are due to that state on the next succeeding business day.

(F) Require that any data that accompanies a remittance be formatted using uniform tax type and payment type codes approved by the governing board.

 

44-18.1-21.  Uniform Rules for Recovery of Bad Debts. — Each member state shall use the following to provide a deduction for bad debts to a seller.  To the extent a member state provides a bad debt deduction to any other party, the same procedures will apply.  Each member state shall:

(A) Allow a deduction from taxable sales for bad debts.  Any deduction taken that is attributed to bad debts shall not include interest.

(B) Utilize the federal definition of “bad debt” in 26 U.S.C. Sec. 166 as the basis for calculating bad debt recovery.  However, the amount calculated pursuant to 26 U.S.C. Sec. 166 shall be adjusted to exclude:  financing charges or interest; sales or use taxes charged on the purchase price; uncollectable amounts on property that remain in the possession of the seller until the full purchase price is paid;  expenses incurred in attempting to collect any debt, and repossessed property.

(C) Allow bad debts to be deducted on the return for the period during which the bad debt is written off as uncollectable in the claimant’s books and records and is eligible to be deducted for federal income tax purposes.  For purposes of this subsection, a claimant who is not required to file federal income tax returns may deduct a bad debt on a return filed for the period in which the bad debt is written off as uncollectable in the claimant’s books and records and would be eligible for a bad debt deduction for federal income tax purposes if the claimant was required to file a federal income tax return.

(D) Require that, if a deduction is taken for a bad debt and the debt is subsequently collected in whole or in part, the tax on the amount so collected must be paid and reported on the return filed for the period in which the collection is made.

(E) Provide that, when the amount of bad debt exceeds the amount of taxable sales for the period during which the bad debt is written off, a refund claim may be filed within the member state’s otherwise applicable statute of limitations for refund claims; however, the statute of limitations shall be measured from the due date of the return on which the bad debt could first be claimed.

(F) Where filing responsibilities have been assumed by a CSP, allow the service provider to claim, on behalf of the seller, any bad debt allowance provided by this section.  The CSP must credit or refund the full amount of any bad debt allowance or refund received to the seller.

(G) Provide that, for the purposes of reporting a payment received on a previously claimed bad debt, any payments made on a debt or account are applied first proportionally to the taxable price of the property or service and the sales tax thereon, and secondly to interest, service charges, and any other charges.

(H) In situations where the books and records of the party claiming the bad debt allowance support an allocation of the bad debts among the member states, permit the allocation.

 

44-18.1-22.  Confidentiality and Privacy Protections Under Model 1. — (A) The purpose of this section is to set forth the member states’ policy for the protection of the confidentiality rights of all participants in the system and of the privacy interests of consumers who deal with Model 1 sellers.

(B) As used in this section, the term “confidential taxpayer information” means all information that is protected under a member state’s laws, regulations, and privileges; the term “personally identifiable information” means information that identifies a person; and the term “anonymous data” means information that does not identify a person.

(C) The member states agree that a fundamental precept in Model 1 is to preserve the privacy of consumers by protecting their anonymity.  With very limited exceptions, a CSP shall perform its tax calculation, remittance, and reporting functions without retaining the personally identifiable information of consumers.

(D) The governing board may certify a CSP only if that CSP certifies that:

(1) Its system has been designed and tested to ensure that the fundamental precept of anonymity is respected;

(2) That personally identifiable information is only used and retained to the extent necessary for the administration of Model 1 with respect to exempt purchasers;

(3) It provides consumers clear and conspicuous notice of its information practices, including what information is collects, how it collects the information, how it uses the information, how long, if at all, it retains the information and whether it discloses the information to member states.  Such notice shall be satisfied by a written privacy policy statement accessible by the public on the official web site of the CSP;

(4) Its collection, use and retention of personally identifiable information will be limited to that required by the member states to ensure the validity of exemptions from taxation that are claimed by reason of a consumer’s status or the intended use of the goods or services purchased; and

(5) It provides adequate technical, physical, and administrative safeguards so as to protect personally identifiable information from unauthorized access and disclosure.

(E) Each member state shall provide public notification to consumers, including their exempt purchasers, of the state’s practices relating to the collection, use and retention of personally identifiable information.

(F) When any personally identifiable information that has been collected and retained is no longer required for the purposes set forth in subsection (D)(4), such information shall no longer be retained by the member states.

(G) When personally identifiable information regarding an individual is retained by or on behalf of a member state, such state shall provide reasonable access by such individual to his or her own information in the state’s possession and a right to correct any inaccurately recorded information.

(H) If anyone other than a member state, or a person authorized by that state’s law or the Agreement, seeks to discover personally identifiable information, the state from whom the information is sought should make a reasonable and timely effort to notify the individual of such request.

(I) This privacy policy is subject to enforcement by member states’ attorneys general or other appropriate state government authority.

(J) Each member states’ laws and regulations regarding the collection, use, and maintenance of confidential taxpayer information remain fully applicable and binding.  Without limitation, the Agreement does not enlarge or limit the member states’ authority to:

(1) Conduct audits or other review as provided under the Agreement and state law.

(2) Provide records pursuant to a member state’s Freedom of Information Act, disclosure laws with governmental agencies, or other regulations.

(3) Prevent, consistent with state law, disclosures of confidential taxpayer information.

(4) Prevent, consistent with federal law, disclosures or misuse of federal return information obtained under a disclosure agreement with the Internal Revenue Service.

(5) Collect, disclose, disseminate, or otherwise use anonymous data for governmental purposes.

(K) This privacy policy does not preclude the governing board from certifying a CSP whose privacy policy is more protective of confidential taxpayer information or personally identifiable information than is required by the Agreement.

 

44-18.1-23.  Sales Tax Holidays. — (A) If a member state allows for temporary exemption periods, commonly referred to as sales tax holidays, the member state shall:

(1) Not apply an exemption after December 31, 2003, unless the items to be exempted are specifically defined in the Agreement and the exemptions are uniformly applied to state and local sales and use taxes.

(2) Provide notice of the exemption period at least sixty days’ prior to the first day of the calendar quarter in which the exemption period will begin.

(B) A member state may establish a sales tax holiday that utilizes price thresholds set by such state and the provisions of the Agreement on the use of thresholds shall not apply to exemptions provided by a state during a sales tax holiday.  In order to provide uniformity, a price threshold established by a member state for exempt items shall include only items priced below the threshold.  A member state shall not exempt only a portion of the price of an individual item during a sales tax holiday.

(C) The following procedures are to be used by member states in administering a sales tax holiday exemption:

(1) Layaway sales – A sale of eligible property under a layaway sale qualifies for exemption if:

(a) final payment on a layaway order is made by, and the property is given to, the purchaser during the exemption period; or

(b) the purchaser selects the property and the retailer accepts the order for the item during the exemption period, for immediate delivery upon full payment, even if delivery is made after the exemption period.

(2) Bundled sales – Member states will follow the same procedure during the sales tax holiday as agreed upon for handling a bundled sale at other times.

(3) Coupons and discounts – A discount by the seller reduces the sales price of the property and the discounted sales price determines whether the sales price is within a sales tax holiday price threshold of a member state.  A coupon that reduces the sales price is treated as a discount if the seller is not reimbursed for the coupon amount by a third-party.  If a discount applies to the total amount paid by a purchaser rather than to the sales price of a particular item and the purchaser has purchased both eligible property and taxable property, the seller should allocate the discount based on the total sales price of the taxable property compared to the total sales prices of all property sold in that same transaction.

(4) Splitting of items normally sold together – Articles that are normally sold as a single unit must continue to be sold in that manner.  Such articles cannot be priced separately and sold as individual items in order to obtain the exemption.  For example, a pair of shoes cannot have each shoe sold separately so that the sales price of each shoe is within a sales tax holiday price threshold.

(5) Rain checks – A rain check allows a customer to purchase an item at a certain price at a later time because the particular item was out of stock.  Eligible property that customers purchase during the exemption period with use of a rain check will qualify for the exemption regardless of when the rain check was issued.  Issuance of a rain check during the exemption period will not qualify eligible property for the exemption if the property is actually purchased after the exemption period.

(6) Exchanges – The procedure for an exchange in regards to a sales tax holiday is as follows:

(a) If a customer purchases as item of eligible property during the exemption period, but later exchanges the item for a similar eligible item, even if a different size, different color, or other feature, no additional tax is due even if the exchange is made after the exemption period.

(b) If a customer purchase an item of eligible property during the exemption period, but after the exemption period has ended, the customer returns the item and receives credit on the purchase of a different item, the appropriate sales tax is due on the sale of the newly purchased item.

(c) If a customer purchases an item of eligible property before the exemption period, but during the exemption period the customer returns the item and receives credit on the purchase of a different item of eligible property, no sales tax is due on the sale of the new item if the new item is purchased during the exemption period.

(7) Delivery charges – Delivery charges, including shipping, handling and service charges, are part of the sales price of eligible property unless a member state defines “sales price” to exclude such charges.  For the purposes of determining a sales tax holiday price threshold, if all the property in a shipment qualifies as eligible property and the sales price for each item in the shipment is within the sales tax holiday price threshold, then the seller does not have to allocate the delivery, handling, or service charge to determine if the price threshold is exceeded.  The shipment will be considered a sale of eligible products.  If the shipment includes eligible property and taxable property (including an eligible item with a sales price in excess of the price threshold), the seller should allocate the delivery charge by using:

(a) a percentage based on the total sales prices of the taxable property compared to the total sales prices of all property in the shipment; or

(b) a percentage based on the total weight of the taxable property compared to the total weight of all property in the shipment.

The seller must tax the percentage of the delivery charge allocated to the taxable property but does not have to tax the percentage allocated to the eligible property.

(8) Order date and back orders – For the purpose of a sales tax holiday, eligible property qualifies for exemption if:

(a) the item is both delivered to and paid for by the customer during the exemption period; or

(b) the customer orders and pays for the item and the seller accepts the order during the exemption period for immediate shipment, even if delivery is made after the exemption period.  The seller accepts an order when the seller has taken action to fill the order for immediate shipment.  Actions to fill an order include placement of an “in date” stamp on a mail order or assignment of an “order number” to a telephone order.  An order is for immediate shipment when the customer does not request delayed shipment.  An order is for immediate shipment notwithstanding that the shipment may be delayed because of a backlog of orders or because stock is currently unavailable to, or on back order by, the seller.

(9) Returns – For a 60-day period immediately after the sales tax holiday exemption period, when a customer returns an item that would qualify for the exemption, no credit for or refund of sales tax shall be given unless the customer provides a receipt or invoice that shows tax was paid, or the seller has sufficient documentation to show that tax was paid on the specific item.  This 60-day period is set solely for the purpose of designating a time period during which the customer must provide documentation that shows that sales tax was paid on returned merchandise.  The 60-day period is not intended to change a seller’s policy on the time period during which the seller will accept returns.

(10) Different time zones – The time zone of the seller’s location determines the authorized time period for a sales tax holiday when the purchaser is located in one time zone and a seller is located in another.

 

44-18.1-24.  Caps and Thresholds. — (A) Each member state shall:

(1) Not have caps or thresholds on the application of state sales or use tax rates or exemptions that are based on the value of the transaction or item after December 31, 2005.  A member state may continue to have caps and thresholds until that date.

(2) Not have caps that are based on the application of the rates unless the member state assumes the administrative responsibility in a manner that places no additional burden on the retailer.

(B) Each member state that has local jurisdictions that levy a sales or use tax shall not place caps or thresholds on the application of local rates or use tax rates or exemptions that are based on the value of the transaction or item after December 31, 2005.  A member state may continue to have caps and thresholds until that date.

(C) The provisions of this section do not apply to sales or use taxes levied on the retail sale or transfer of motor vehicles, aircraft, watercraft, modular homes, manufactured homes, or mobile homes or to instances where the burden of administration has been shifted from the retailer.

 

44-18.1-25.  Rounding Rule. — (A) After December 31, 2005, each member state shall adopt a rounding algorithm that meets the following criteria:

(1) Tax computation must be carried to the third decimal place, and

(2) The tax must be rounded to a whole cent using a method that rounds up to the next cent whenever the third decimal place is greater than four.

(B) Each state shall allow sellers to elect to compute the tax due on a transaction on an item or an invoice basis, and shall allow the rounding rule to be applied to the aggregated state and local taxes.  No member state shall require a seller to collect tax based on a bracket system.

 

44-18.1-26.  Customer Refund Procedures. — (A) These customer refund procedures are provided to apply when a state allows a purchaser to seek a return of over-collected sales or use taxes from the seller.

(B) Nothing in this section shall either require a state to provide, or prevent a state from providing, a procedure by which a purchaser may seek a refund directly from the state arising out of sales or use taxes collected in error by a seller from the purchaser.  Nothing in this section shall operate to extend any person’s time to seek a refund of sales or use taxes collected or remitted in error.

(C) These customer refund procedures provide the first course of remedy available to purchasers seeking a return of over-collected sales or use taxes from the seller.  A cause of action against the seller for the over-collected sales or use taxes does not accrue until a purchaser has provided written notice to a seller and the seller has had sixty days to respond.  Such notice to the seller must contain the information necessary to determine the validity of the request.

(D) In connection with a purchaser’s request from a seller of over-collected sales or use taxes, a seller shall be presumed to have a reasonable business practice, if in the collection of such sales or use taxes, the seller:  (i) uses either a provider or a system, including a proprietary system, that is certified by the state; and (ii) has remitted to the state all taxes collected less any deductions, credits, or collection allowances.

 

44-18.1-27.  Direct Pay Permits. — Each member state shall provide for a direct pay authority that allows the holder of a direct. pay permit to purchase otherwise taxable goods and services without payment of tax to the supplier at the time of purchase.  The holder of the direct pay permit will make a determination of the taxability and then report and pay the applicable tax due directly to the tax jurisdiction.  Each state can set its own limits and requirements for the direct pay permit.  The governing board shall advise member states when setting state direct pay limits and requirements, and shall consider use of the Model Direct Payment Permit Regulation as developed by the Task Force on EDI Audit and Legal Issues for Tax Administration.

 

44-18.1-28.  Library of Definitions.— Each member state shall utilize common definitions as provided in this section.  The terms defined are set out in the Library of Definitions, in Appendix C of the Streamlined Sales and Use Tax Agreement.  A member state shall adhere to the following principles:

(A) If a term defined in the Library of Definitions appears in a member state’s sales and use tax statutes or administrative rules or regulations, the member state shall enact of adopt the Library definition of the term in its statutes or administrative rules or regulations in substantially the same language as the Library definition.

(B) A member state shall not use a Library definition in its sales or use tax statutes or administrative rules or regulations that is contrary to the meaning of the Library definition.

(C)  Except as specifically provided in Section 44-18.1-16 and the Library of Definitions, a member state shall impose a sales or use tax on all products or services included within each definition or exempt from sales or use tax all products or services within each definition.

 

44-18.1-29.  Taxability Matrix. — (A) To ensure uniform application of terms defined in the Library of Definitions each member state shall complete a taxability matrix adopted by the governing board.  The member state’s entries in the matrix shall be provided and maintained in a database that is in a downloadable format approved by the governing board.  A member state shall provide notice of changes in the taxability of the products or services listed in the taxability matrix as required by the governing board.

(B) A member state shall relieve sellers and CSPs from liability to the member state and its local jurisdictions for having charged and collected the incorrect amount of sales or use tax resulting from the seller or CSP relying on erroneous data provided by the member state in the taxability matrix.

 

44-18.1-30.  Effective Date for Rate Changes. — Each member state shall provide that the effective date of rate changes for services covering a period starting before and ending after the statutory effective date shall be as follows:

(A) For a rate increase, the new rate shall apply to the first billing period starting on or after the effective date.

(B) For a rate decrease, the new rate shall apply to bills rendered on or after the effective date.

 

44-18.1-31.  Bundled Transactions. — (A) A member state shall adopt and utilize to determine tax treatment, the core definition for a “bundled transaction”.  See Section 44-18-7.1(c).

(B) Member states are not restricted in their tax treatment of bundled transactions except as otherwise provided in the Agreement.  Member states are not restricted in their ability to treat some bundled transactions differently from other bundled transactions.

(C) In the case of a bundled transaction that includes any of the following:  telecommunication service, ancillary service, internet access, or audio or video programming service:

(1) If the price is attributable to products that are taxable and products that are nontaxable, the portion of the price attributable to the nontaxable products may be subject to tax unless the provider can identify by reasonable and verifiable standards such portion from its books and records that are kept in the regular course of business for other purposes, including, but not limited to, non-tax purposes.

(2) If the price is attributable to products that are subject to tax at different tax rates, the total price may be treated as attributable to the products subject to tax at the highest tax rate unless the provider can identify by reasonable and verifiable standards the portion of the price attributable to the products subject to tax at the lower rate from its books and records that are kept in the regular course of business for other purposes, including, but not limited to, non-tax purposes.

 

44-18.1-32.  Seller Participation. — (A) The member states shall provide an online registration system that will allow sellers to register in all the member states.

(B) By registering, the seller agrees to collect and remit sales and use taxes for all taxable sales into the member states, including member states joining after the seller’s registration.  Withdrawal or revocation of a member state shall not relieve a seller of its responsibility to remit taxes previously or subsequently collected on behalf of the state.

(C) In member states where the seller has a requirement to register prior to registering under the Agreement, the seller may be required to provide additional information to complete the registration process or the seller may choose to register directly with those states.

(D) A member state or a state that has withdrawn or been expelled shall not use registration with the central registration system and the collection of sales and use taxes in the member states as a factor in determining whether the seller has nexus with that state for any tax at any time.

 

44-18.1-33.  Amnesty for Registration. — (A) Subject to the limitations in this section.

(1) A member state shall provide amnesty for uncollected or unpaid sales or use tax to a seller who registers to pay or to collect and remit applicable sales or use tax on sales made to purchasers in the state in accordance with the terms of the Agreement, provided that the seller was not so registered in that state in the twelve-month period preceding the effective date of the state’s participation in the Agreement

(2) The amnesty will preclude assessment for uncollected or unpaid sales or use tax together with penalty or interest for sales made during the period the seller was not registered in the state, provided registration occurs within twelve months of the effective date of the state’s participation in the Agreement.

(3) Amnesty similarly shall be provided by any additional state that joins the Agreement after the seller has registered.

(B) The amnesty is not available to a seller with respect to any matter or matters for which the seller received notice of the commencement of an audit and which audit is not yet finally resolved including any related administrative and judicial processes.

(C) The amnesty is not available for sales or use taxes already paid or remitted to the state or to taxes collected by the seller.

(D) The amnesty is fully effective, absent the seller’s fraud or intentional misrepresentation of a material fact, as long as the seller continues registration and continues payment or collection and remittance of applicable sales or use taxes for a period of at least thirty-six months.  Each member state shall toll its statute of limitations applicable to asserting a tax liability during this thirty-six month period.

(E) The amnesty is applicable only to sales or use taxes due from a seller in its capacity as a seller and not to sales or use taxes due from a seller in its capacity as a buyer.

(F) A member state may allow amnesty on terms and conditions more favorable to a seller than the terms required by this section.

 

44-18.1.34.  Method of Remittance. — When registering, the seller may select one of the following methods of remittances or other method allowed by state law to remit the taxes collected:

(A) MODEL 1, where a seller selects a CSP as an agent to perform all the seller’s sales or use tax functions, other than the seller’s obligation to remit tax on its own purchases.

(B) MODEL 2, wherein a seller selects a CAS to use which calculates the amount of tax due on a transaction.

(C) MODEL 3, wherein a seller utilizes its own proprietary automated sales tax system that has been certified as a CAS.

 

44-18.1-35.  Registration by an Agent. — A seller may be registered by an agent.  Such appointment shall be in writing and submitted to a member state if requested by the member state.

 

44-18.1-36.  Monetary Allowance Under Model 1. — (A) Each member state shall provide a monetary allowance to a CSP in Model 1 in accordance with the terms of the contract between the governing board and the CSP.  The details of the monetary allowance will be provided through the contract process.  The governing board shall require that such allowance be funded entirely from money collected in Model 1.

(B) The contract between the governing board and a CSP may base the monetary allowance to a CSP on one or more of the following:

(1) A base rate that applies to taxable transactions processed by the CSP.

(2) For a period not to exceed twenty-four months following a voluntary seller’s registration through the Agreement’s central registration process, a percentage of tax revenue generated for a member state by the voluntary seller for each member state for which the seller does not have a requirement to register to collect the tax.

 

44-18.1-37.  Monetary Allowance for Model 2 Sellers. — The member states initially anticipate that they will provide a monetary allowance to sellers under Model 2 based on the following:

(A) All sellers shall receive a base rate for a period not to exceed twenty-four months following the commencement of participation by a seller.  The base rate will be set after the base rate has been established for Model 1.  This allowance will be in addition to any discount afforded by each member state at the time.

(B) The member states anticipate a monetary allowance to a Model 2 Seller based on the following:

(1) For a period not to exceed twenty-four months following a voluntary seller’s registration through the Agreement’s central registration process, a percentage of tax revenue generated for a member state by the voluntary seller for each member state for which the seller does not have a requirement to register to collect the tax.

(2) Following the conclusion of the twenty-four month period, a seller will only be entitled to a vendor discount afforded under each member state’s law at the time the base rate expires.

 

44-18.1-38.  Monetary Allowance for Model 3 Sellers and All Other Sellers. — The member states anticipate that they will provide a monetary allowance to sellers under Model 3 and to all other sellers that are not under Models 1 or 2 based on the following:

(A) For a period not to exceed twenty-four months following a voluntary seller’s registration through the Agreement’s central registration process, a percentage of tax revenue generated for a member state by the voluntary seller for each member state for which the seller does not have a requirement to register to collect the tax.

(B) Vendor discounts afforded under each member state’s law.

 

SECTION 13. 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, 20067, 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, 2006 January 1, 2007.

 

SECTION 14. RESOLVED, That a special legislative commission be and the same is hereby created consisting of eight (8) members two (2) of whom shall be from the house of representatives, not more than one from the same political party to be appointed by the speaker; two (2) of whom shall be from the senate, not more than one from the same political party to be appointed by the president; one of whom shall be the chairman of the house finance committee, or designee; one of whom shall be the chairman of the senate finance committee, or designee; and one of whom shall be the state tax administrator, or designee, and one of whom shall be the chief of the office of revenue analysis or designee.

The purpose of said commission shall be to study all aspects of the state sales tax and shall include, but not be limited to: (1) evaluating the business and economic impact of an adjustment to the sales tax rate; (2) a determination of what rate will make the state of Rhode Island the most competitive in the region; (3) an analysis of streamlining sales tax agreements among the states; (4) a determination whether the sales tax shall be expanded into goods or services not covered by existing law; and (5) evaluating whether a reduction in the tax rates consistent with a rate reduction beginning January 1, 2008 of one quarter percent (.25%) per year continuing to January 1, 2014 until such time as the tax rate shall be five percent (5%) is economically feasible for the state of Rhode Island. 

Forthwith upon passage of this resolution, the members of the commission shall meet at the call of the speaker of the house and president of the senate. The chairpersons of the house and senate finance committees shall act as co-chairpersons. Vacancies in said commission shall be filled in like manner as the original appointment.

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

All departments and agencies of the state shall furnish such advice and information, documentary and otherwise, to said commission and its agent 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; and be it further

 RESOLVED, That the commission shall report its findings and recommendations to the general assembly on or before June 30, 2007 and said commission shall expire on August 31, 2007.

 

SECTION 15. Section 44-20-13.2 of the General Laws in Chapter 44-20 entitled "Cigarette Tax" is hereby amended to read as follows:

 

44-20-13.2. Tax imposed on smokeless tobacco, cigars, and pipe tobacco products. – (a) A tax is imposed on all smokeless tobacco, cigars, and pipe tobacco products sold or held for sale in the state by any person, the payment of the tax to be accomplished according to a mechanism established by the administrator, division of taxation, department of administration. Any tobacco product on which the proper amount of tax provided for in this chapter has been paid, payment being evidenced by a stamp, is not subject to a further tax under this chapter. The tax imposed by this section is at the rate of forty percent (40%) of the wholesale cost of smokeless tobacco, cigars, and pipe tobacco products. The proceeds collected are paid into the general fund.

(b) Notwithstanding the forty percent (40%) rate in subsection (a) above, in the case of cigars, the tax shall not exceed fifty cents ($.50) for each cigar for the period July 1, 2006 through June 30, 2008.

 

SECTION 16. Sections 44-20-1 and 44-20-13.2 of the General Laws in Chapter 44-20 entitled "Cigarette Tax" are hereby amended to read as follows:

 

44-20-1. Definitions. -- Whenever used in this chapter, unless the context requires otherwise:

 (1) "Administrator" means the tax administrator;

 (2) "Cigarettes" means and includes any cigarettes suitable for smoking in cigarette form, and each sheet of cigarette rolling paper;

 (3) "Dealer" means any person other than a distributor who is engaged in this state in the business of selling cigarettes;

 (4) (i) "Distributor" means any person:

 (A) Engaged in this state in the business of manufacturing cigarettes or any person engaged in the business of selling cigarettes to dealers, or to other persons, for the purpose of resale only; provided, that seventy-five percent (75%) of all cigarettes sold by that person in this state are sold to dealers or other persons for resale;

 (B) Selling cigarettes directly to consumers at retail, and maintaining one or more regular places of business in this state for that purpose; provided, that seventy-five percent (75%) of the sold cigarettes are purchased directly from the manufacturer; or

 (C) Selling cigarettes directly to consumers in this state by means of at least twenty-five (25) cigarette vending machines;

 (ii) Provided, that any person who owns or maintains five (5) or more retail outlets in Rhode Island, having one hundred percent (100%) common ownership, through which cigarettes are sold at retail may apply for a distributor's license, and upon issuance of the license, that person is deemed to be a distributor under this chapter;

 (5) "Licensed dealer" means a dealer licensed under the provisions of this chapter;

 (6) "Licensed distributor" means a distributor licensed under the provisions of this chapter;

 (7) "Person" means any individual, firm, fiduciary, partnership, corporation, trust, or association, however formed;

 (8) "Place of business" means and includes any place where cigarettes are sold or where cigarettes are stored or kept for the purpose of sale or consumption, including any vessel, vehicle, airplane, train, or vending machine;

 (9) "Sale" or "sell" includes and applies to gifts, exchanges, and barter;

(10) "Snuff" means any finely cut, ground, or powdered tobacco that is not intended to be smoked;

 (10) (11) "Stamp" means the impression, device, stamp, label, or print manufactured, printed, or made as prescribed by the administrator to be affixed to packages of cigarettes, as evidence of the payment of the tax provided by this chapter; and also includes impressions made by metering machines authorized to be used under the provisions of this chapter.

 

44-20-13.2. Tax imposed on smokeless tobacco, cigars, and pipe tobacco products. -- A tax is imposed on all smokeless tobacco, cigars, and pipe tobacco products sold or held for sale in the state by any person, the payment of the tax to be accomplished according to a mechanism established by the administrator, division of taxation, department of administration. Any tobacco product on which the proper amount of tax provided for in this chapter has been paid, payment being evidenced by a stamp, is not subject to a further tax under this chapter. The tax imposed by this section shall be as follows: is at

(a) At the rate of forty percent (40%) of the wholesale cost of smokeless tobacco, cigars, and pipe tobacco products, and smokeless tobacco other than snuff.

(b) At the rate of one dollar ($1.00) per ounce of snuff, and a proportionate tax at the like rate on all fractional parts of an ounce thereof. Such tax shall be computed based on the net weight as listed by the manufacturer, provided, however, that any product listed by the manufacturer as having a net weight of less than 1.2 ounces shall be taxed as if the product has a net weight of 1.2 ounces.

The proceeds collected are paid into the general fund.

 

SECTION 17. Section 42-64-20 of the General Laws in Chapter 42-64 entitled "Rhode Island Economic Development Corporation" is hereby amended to read as follows:

 

42-64-20. Exemption from taxation. -- (a) The exercise of the powers granted by this chapter will be in all respects for the benefit of the people of this state, the increase of their commerce, welfare, and prosperity and for the improvement of their health and living conditions and will constitute the performance of an essential governmental function and the corporation shall not be required to pay any taxes or assessments upon or in respect of any project or of any property or moneys of the corporation, levied by any municipality or political subdivision of the state; provided, that the corporation shall make payments in lieu of real property taxes and assessments to municipalities and political subdivisions with respect to projects of the corporation located in the municipalities and political subdivisions during those times that the corporation derives revenue from the lease or operation of the projects. Payments in lieu of taxes shall be in amounts agreed upon by the corporation and the affected municipalities and political subdivisions. Failing the agreement, the amounts of payments in lieu of taxes shall be determined by the corporation using a formula that shall reasonably ensure that the amounts approximate the average amount of real property taxes due throughout the state with respect to facilities of a similar nature and size. Any municipality or political subdivision is empowered to accept at its option an amount of payments in lieu of taxes less than that determined by the corporation. If, pursuant to section 42-64-13(f), the corporation shall have agreed with a municipality or political subdivision that it shall not provide all of the specified services, the payments in lieu of taxes shall be reduced by the cost incurred by the corporation or any other person in providing the services not provided by the municipality or political subdivision.

 (b) The corporation shall not be required to pay state taxes of any kind, and the corporation, its projects, property, and moneys and, except for estate, inheritance, and gift taxes, any bonds or notes issued under the provisions of this chapter and the income (including gain from sale or exchange) from these shall at all times be free from taxation of every kind by the state and by the municipalities and all political subdivisions of the state. The corporation shall not be required to pay any transfer tax of any kind on account of instruments recorded by it or on its behalf.

 (c) For purposes of the exemption from taxes and assessments upon or in respect of any project under subsections (a) or (b) of this section, the corporation shall not be required to hold legal title to any real or personal property, including any fixtures, furnishings or equipment which are acquired and used in the construction and development of the project, but the legal title may be held in the name of a lessee (including sublessees) from the corporation. This property, which shall not include any goods or inventory used in the project after completion of construction, shall be exempt from taxation to the same extent as if legal title of the property were in the name of the corporation; provided that the board of directors of the corporation adopts a resolution confirming use of the tax exemption for the project by the lessee. No resolution shall be adopted without the prior approval of the general assembly. The resolution shall include findings that: (1) the project is a project of the corporation under section 42-64-3(20), and (2) it is in the interest of the corporation and of the project that legal title be held by the lessee from the corporation. In adopting the resolution, the board of directors may consider any factors it deems relevant to the interests of the corporation or the project including, for example, but without limitation, reduction in potential liability or costs to the corporation or designation of the project as a "Project of Critical Economic Concern" pursuant to Chapter 117 of this title.

 

SECTION 18. Chapter 42-64 of the General Laws entitled  "Rhode Island Economic Development Corporation" is hereby amended by adding thereto the following section:

 

42-64-20.1. Procedure. – (a) A resolution by the board of directors of the corporation that adopts confirming use of the tax exemption for a project by the lessee as required in section 42-64-20(c) shall be deemed to have been approved by the general assembly when the general assembly passes a concurrent resolution of approval which the corporation requests that, the resolution adopting confirming use of the tax exemption for a project by the lessee, be approved by the general assembly. These requests shall be transmitted to the speaker of the house and the president of the senate with copies to the chairpersons of the respective finance committees, and fiscal advisors. The request for approval shall include:

(1) A full description of the project to which the tax exemption is related;

(2) The corporation's findings required by section 42-62-10(1); and

(3) The corporation's analysis of impact required by section 42-64-10(2).

 

SECTION 19 Section 45-37.1-9 of the General Laws in Chapter 45-37.1 entitled "Industrial Facilities Corporation" is hereby amended to read as follows:

 

45-37.1-9. Exemption from taxation. -- (a) The exercise of the powers granted by this chapter will be in all respects for the benefit of the people of this state, for the increase of their commerce, welfare and prosperity, and for the improvement of their health and living conditions, and will constitute the performance of an essential government function, and the corporation is not required to pay any taxes or assessments upon or in respect of a project, or any property or moneys of the corporation, levied by any municipality or political subdivision of the state, nor is the corporation required to pay state taxes of any kind, and the corporation, its projects, property, and moneys, and any bonds and notes issued under the provisions of this chapter, their transfer and the income from them, including any profit made on their sale, are at all times free from taxation of every kind by the state and by the municipalities and all other political subdivisions of the state, and the corporation is not required to pay any transfer tax of any kind on account of instruments recorded by or on its behalf or in connection with the financing of any of its projects; provided, that any person, partnership, corporation, or concern leasing a project from the corporation shall pay to the city, town, school district, or other political subdivision or special district having taxing powers, in which the project is located, a payment in lieu of taxes which equals the taxes on real and personal property which the lessee would have been required to pay, had it been the owner of the property during the period for which the payment is made, and under no circumstances are the corporation or its projects, properties, money, bonds, or notes obligated, liable, or subject to a lien of any kind for their enforcement, collection, or payment; and provided, further, that in the case of any person, partnership, corporation, or concern leasing a project from the corporation any such person, partnership, corporation or concern so leased shall be exempt from payment of state sales tax applicable to materials used in construction of such a facility only to the extent that the costs of such materials do not exceed the amount financed through the corporation and the exemption has the prior approval of the general assembly.

 (b) If and to the extent the proceedings under which the bonds or notes authorized to be issued under the provisions of this chapter so provide, the corporation may agree to cooperate with the lessee of a project in connection with any administrative or judicial proceedings for determining the validity or amount of payments, and may agree to appoint or designate and reserve the right in and for the lessee to take all action which the corporation may lawfully take in respect of those payments and all matters relating to them, provided, that the lessee bears and pay all costs and expenses of the corporation thereby incurred at the request of the lessee or by reason of any action taken by the lessee in behalf of the corporation. Any lessee of a project, which has paid the amounts in lieu of taxes required by the first sentence of this section, is not required to pay any taxes for which a payment in lieu thereof has been made to the state or to any city, town, school district, or other political subdivision or special district having taxing powers, notwithstanding any other statute to the contrary.

 

SECTION 20. Chapter 45-37.1 of the General Laws entitled  "Industrial Facilities Corporation" is hereby amended by adding thereto the following section:

 

45-37.1-9.1. Procedure. – (a) An exemption from payment of state sales tax applicable to materials used in construction of a facility only to the extent that the costs of such materials do not exceed the amount financed through the corporation as required in section 45-37.1-9 shall be deemed to have been approved by the general assembly when the general assembly passes a concurrent resolution of approval which the corporation requests, that the exemption from payment of state sales tax applicable to materials used in construction of a facility only to the extent that the costs of such materials do not exceed the amount financed through the corporation, be approved by the general assembly. These requests shall be transmitted to the speaker of the house and the president of the senate with copies to the chairpersons of the respective finance committees and fiscal advisors. The request for approval shall include:

(1) A full description of the project to which the tax exemption is related; and

(2) The corporation's analysis of the impact of the proposed project will or may have on the state. The analysis shall be supported by such appropriate data and documentation and shall consider, but not be limited to, the following factors:

(i) The impact on the industry or industries in which the completed project will be involved;

(ii) State fiscal matters, including the state budget (revenues and expenses);

(iii) The financial exposure of the taxpayers of the state under the plans for the proposed project and negative foreseeable contingencies that may arise therefrom;

(iv) The approximate number of jobs projected to be created, construction and nonconsturction;

(v) Identification of geographic sources of the staffing for identified jobs;

(vi) The projected duration of the identified construction jobs;

(vii) The approximate wage rates for the identified jobs;

(viii) The types of fringe benefits to be provided with the identified jobs, including healthcare insurance and any retirement benefits;

(ix) The projected fiscal impact on increased personal income taxes to the state of Rhode Island; and

(x) The description of any plan or process intended to stimulate hiring from the host community, training of employees or potential employees and outreach to minority job applicants and minority businesses.

 

SECTION 21. Section 4 of this article shall take effect on June 30, 2005. Sections 9, 10, 11 and 12 shall take effect on January 1, 2007. Section 15 shall take effect upon passage and shall be effective from July 1, 2006 through June 30, 2008. Section 16 shall take effect on July 1, 2006.  The remainder of this article shall take effect upon passage.

 

ARTICLE 31 SUBSTITUTE A

 

Relating To Pandemic Influenza Preparation

 

SECTION 1. Section 23-1-45 of the General Laws in Chapter in 23-1 entitled “Department of Health” is hereby amended to read as follows:

 

§ 23-1-45.  Infant-child immunization account. – There is created within the general fund a restricted receipt account to be known as the "infant-child immunization account".  All money in the account shall be utilized by the department of health to effectuate the provisions of § 23-1-44. All money received pursuant to §§ 23-1-46 and 23-1-47 shall be deposited in the infant-child immunization account.  There shall be an expenditure in FY 2007 not to exceed one million dollars ($1,000,000) for pandemic influenza medications and equipment as directed by the director of health. The general treasurer is authorized and directed to draw his or her orders on the account upon receipt of properly authenticated vouchers from the department of health.

 

SECTION 2.  This article shall take effect as of July 1, 2006.

 

ARTICLE 32 SUBSTITUTE A AS AMENDED

 

RELATING TO HUMAN SERVICES -- FAMILY INDEPENDENCE ACT

 

SECTION 1.  Sections 40-5.1-8, 40-5.1-9, 40-5.1-17 and 40-5.1-18 of the General Laws in Chapter 40-5.1 entitled “Family Independence Act” are 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 § 402(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Laws No. 104-193), and as that 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 § 402(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Laws No. 104-193), and as that 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; provided, however, that the person meets all other eligibility requirements under this chapter.

 (3) 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 that section may hereafter be amended.

 (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 § 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) 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 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 § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32, (relating to earned income tax credit), and any payment made to the family by an employer under § 3507 of the Internal Revenue Code of 1986, 26 U.S.C. § 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. § 301 et seq.

 (c) [Deleted by P.L. 2003, ch. 376, art. 12, § 1.]

 (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) to include any time receiving family cash assistance in any other state or territory of the United States of America as defined herein. The limitation in the preceding sentence only shall apply only if required by federal statute or regulation.

Family cash assistance in any other state or territory of the United States of America shall be determined by the Department of Human Services and shall include family cash assistance funded in whole or in part by Temporary Assistance for Needy Families (TANF) funds [Title IV-A of the federal Social Security Act, 42 U.S.C. section 601 et seq.] and/or family cash assistance provided under a program similar to the Family Independence Act or the federal TANF program.

(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, or a parent employed an average of thirty (30) or more hours per week during a month in a single parent family, or an average of thirty-five (35) hours per week during a month for a two (2) parent family.

(3) The department may exempt a family from the application of subsection (d)(1) or (d)(2) 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 § 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 a resident of the state for twelve (12) consecutive months or longer shall have his or her benefit reduced under this subsection.

(f) 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 the individual and child unless otherwise authorized by the department.

(2) Subdivision (1) shall not apply if:

(i) The 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 child to a minor parent 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 the 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 the 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 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. § 1396 et seq.

(h) As a condition of eligibility for cash assistance to a family under this chapter, the parent(s), unless otherwise exempt under this chapter, must enter into an individual employment plan in accordance with section 40-5.1-9(c). This condition of eligibility shall apply to applications for assistance filed on or after July 1, 2006 and to current recipients at the time of their next redetermination  of eligibility occurring on or after July 1, 2006.

 

§ 40-5.1-9.  Cash assistance. – (a) Entitlement to cash assistance. A family found by the department to meet the eligibility criteria set forth in this chapter shall be entitled to receive cash assistance from the date of submitting a signed application. The family members shall be eligible for cash assistance for so long as they continue to meet the eligibility criteria and parents shall be eligible so long as they meet the terms and conditions of the work requirements of subsection (c). The monthly amount of cash assistance shall be equal to the payment standard for the family minus the countable income of the family in that month. The department is authorized to reduce the amount of assistance in the month of application to reflect the number of the days between the first (1st) day of the month and the effective date of the application.

   (b) (1) Payment standard. The payment standard is equal to the sum of the following: three hundred twenty-seven dollars ($327) (two hundred seventy-seven dollars ($277) for a family residing in subsidized housing) for the first person, one hundred twenty-two dollars ($122) for the second person, one hundred five dollars ($105) for the third person and eighty dollars ($80) for each additional person.

 (c) Work requirements . (1) No more than forty-five (45) days following the date on which a family has been notified by the department in writing that it is eligible for cash assistance under the act, Effective for applications filed on or after July 1, 2006 and to current recipients at the time of their next redetermination of eligibility on or after July 1, 2006, the department shall develop a family financial plan pursuant to § 40-5.1-5 and, unless the parent is exempt from work pursuant to paragraph (iv), the department shall assess the parent's educational and vocational abilities, and the department and the parent shall jointly develop and enter into an individual employment plan pursuant to § 40-5.1-5 within thirty (30) days of the filing of an application for assistance. In the case of a family including two (2) parents, the department may develop an employment plan for each any parent not otherwise required under this chapter to enter into an employment plan if the parents so requests.

   (2) The employment plan shall specify the parent's work activity and the supportive services which will be provided by the department to enable the parent to engage in the work activity.

   (i) During the first twenty-four (24) months of the employment plan, the parent shall participate, for a minimum of twenty (20) hours per week for parents whose youngest child in the home is under the age of six (6), and for a minimum of thirty (30) hours per week for parents whose youngest child in the home is six (6) years of age or older, in one or more of the following work activities, as appropriate, in order to help the parent obtain stable full-time paid employment:

(A) Paid employment, (including on-the-job training);

(B) A community work experience in a program which satisfies the requirements of § 40-5.1-23;

(C) A training or work readiness program approved by the department and conducted at a job site if the program involves supervised participation in work at the site;

(D) During the first six (6) months of eligibility (or for a longer period if the department determines it necessary to prepare the parent to obtain stable full-time employment), successful participation in an approved work readiness program as defined in § 40-5.1-22;

(E) During the first three (3) months of eligibility (or for a longer period if the department determines it necessary to prepare the parent to obtain stable full-time employment), participation in an approved rapid job placement program as defined in § 40-5.1-20;

(F) A supervised individual job search, which meets the conditions set forth in § 40-5.1-21;

(G) For a parent under the age of twenty (20) without a high school diploma or the equivalent, successful participation on a full-time basis in a program to secure such diploma or the equivalent;

(H) For a parent age twenty (20) or older, without basic literacy or English literacy skills, successful participation on a full time basis in a program to secure such skills; and

(I) For a parent age twenty (20) or older (and a parent under the age of twenty (20) who has a high school degree or the equivalent or a parent under the age of twenty (20) for whom attendance at a high school is determined to be inappropriate) successful participation in a vocational education, skills or job training program, including without limitation, a program of postsecondary education, which the department determines is likely to result in regular full-time employment at wages sufficient to eliminate eligibility for cash assistance under the act.

(ii) Beginning with the twenty-fifth (25th) month of the employment plan, the parent shall participate in one or more of the following work activities for at least twenty (20) hours per week for parents whose youngest child in the home is under the age of six (6) and thirty (30) hours per week for parents whose youngest child in the home is six (6) years of age or older, at least twenty (20) hours shall be one or more of the following activities and the balance shall be in activities designed to help the parent obtain or maintain unsubsidized employment or increase the parent's earning potential:

(A) Paid employment (including on-the-job training);

(B) A community work experience program which satisfies the requirements of § 40-5.1-23;

(C) A training program approved by the department and conducted at a job site if the program involves supervised participation in work at the site.

(D) A supervised individual or group job search not to exceed four (4) weeks, which meets the conditions set forth in § 40-5.1-21; or participation in an approved rapid job placement program as defined in § 40-5.1-20.

 (iii) The following parents shall be deferred from the participation requirement in paragraph (ii):

 (A) A parent under the age of twenty (20) without a high school diploma or the equivalent who is successfully participating, on a full-time basis, in a program to secure such diploma or the equivalent;

  (B) A single parent age twenty (20) or older, without basic literacy or English language skills, who: (I) is participating in a full-time program but is unable to complete a literacy or language skills program during the first twenty-four (24) months of his or her employment plan, or (II) who the department has determined is unable to secure paid employment without additional language or literacy skills, and who is successfully participating in a program to secure such skills;

  (C) A parent age twenty (20) years or older, who is successfully participating in a vocational education, skills or job training program, including without limitation, a program of postsecondary education, which the department determines is likely to result in regular full-time employment at wages sufficient to eliminate eligibility for cash assistance under the act; provided, however, that the parent began the program prior to the twenty-fifth (25th) month of his or her employment plan, provided, further, however, that participation shall not be deemed a work activity after the thirty-sixth (36th) month of the employment plan; 

(D) Upon completion of any activity in subparagraphs (A)–(C), the parent shall be subject to the work activity requirements of paragraph (ii).

 (iv) Paragraphs (i) and (ii) shall not apply to a single parent if (and for so long as) the department finds that he or she is:

 (A) Unable to comply with the employment plan because of an illness which, on the basis of medical evidence, is serious enough to temporarily prevent work;

 (B) Unable to comply with the employment plan because of a physical or mental impairment which, on the basis of medical evidence, either by itself or in conjunction with age, prevents work;

 (C) Unable to comply with the employment plan because of the illness or incapacity of a minor child or spouse who requires full-time in-home care, and for whom the person is providing care;

 (D) Caring for a child below the age of one; provided, however, that a minor parent without a high school diploma or the equivalent, and who is not married, shall not be exempt from subparagraph (i)(G) for more than twelve (12) weeks from the birth of the child;

 (E) Sixty (60) years of age or older;

 (F) A pregnant woman in her third trimester;

 (G) Otherwise exempt by the department.

 (v) (A) The amount of cash assistance to which an otherwise eligible family is entitled under the act, shall be reduced by the portion of the family's benefit attributable to any parent who, without good cause, has failed to enter into an individual employment plan or has failed to comply with his or her individual employment plan, as required under this chapter; provided that the reduction shall be applied during the first eighteen (18) six (6) months, whether or not consecutive, of such failure or non-compliance by the parent.

 (B) The department shall terminate cash assistance to a family if any parent in the family has failed, without good cause, to enter into an individual employment plan or to comply with his or her individual employment plan, for eighteen (18) six (6) months, whether or not consecutive.

 (C) For purposes of paragraph (v) the benefit reduction for a family size of two (2) shall be computed utilizing a family size of three (3).

 (vi) (A) If the family's benefit has been reduced in accordance with paragraph (v)(A) for less than eighteen (18)  six (6) months, whether or not consecutive, due to the parent's failure to enter into an individual employment plan or failure to comply with the terms of his or her individual employment plan, benefits shall be restored to the full amount beginning with the initial payment made on the first of the month following the month in which the parent (1) enters into an individual employment plan and demonstrates compliance with the terms thereof, or (2) demonstrates compliance with the terms of his or her existing individual employment plan, as such plan may be amended by agreement of the parent and the department.

   (B) If the family's benefit has been terminated in accordance with paragraph (v)(B) due to the failure by one or more parents to enter into an individual employment plan or failure to comply with the terms of his or her individual employment plan, the family may re-apply for benefits and benefits shall be restored to the family in the full amount the family is otherwise entitled to under this chapter beginning on the first of the month following the month in which all parents in the family who are subject to the employment plan requirements under this chapter (1) enter into an individual employment plan and demonstrate compliance with the terms thereof, or (2) demonstrate compliance with the terms of the parent's individual employment plan in effect at the time of termination of benefits, as such plan may be amended by agreement of the parent and the department.

   (vii) Notwithstanding paragraphs (i) and (ii) of this subsection, in the case of a family consisting of two (2) parents, (except as provided in paragraph (xi) below), beginning seven (7) days following completion of the family financial plan and the individual employment plan(s), or as soon as practical thereafter, one parent shall be engaged in work activities for at least thirty-five (35) hours per week during the month, not fewer than thirty (30) hours per week of which are attributable to one or more of the following activities:

 (A) Unsubsidized employment;

 (B) Subsidized private sector employment;

 (C) Subsidized public sector employment;

 (D) Work experience if sufficient private sector employment is not available;

 (E) On-the-job training;

 (F) Job search and job readiness assistance A supervised individual or group job search not to exceed four (4) weeks, which meets the conditions set forth in § 40-5.1-21; or participation in an approved rapid job placement program as defined in § 40-5.1-20;

  (G) Community service program;

  (H) Vocational educational training (not to exceed twelve (12) months with respect to any individual); or

  (I) The provision of child care services to an individual who is participating in a community service program.

  Moreover, in the case of a two (2) parent family wherein one parent is engaged for at least thirty-five (35) hours per week in the work activities specified immediately above, and if the family requests child care assistance under this chapter, and an adult in the family is not disabled or caring for a severely disabled child, the second parent must be engaged in work activities during the month for not fewer than twenty (20) hours per week in one or more of the following activities:

 (A) Unsubsidized employment;

 (B) Subsidized private sector employment;

 (C) Subsidized public sector employment;

 (D) Work experience if sufficient private sector employment is not available;

 (E) On-the-job training; or

 (F) Community service programs;

 (viii) Paragraph (vii) shall not apply:

 (A) To a parent who is ill and the department determines on the basis of medical evidence that the illness is serious enough to temporarily prevent entry into employment or engaging in the activities listed in paragraph (vii) or to provide care for his or her children; or

 (B) To a parent who is incapacitated by a physical or mental impairment which the department has determined on the basis of medical evidence either by itself or in conjunction with age, prevents the individual from engaging in employment or training or providing care for his or her children; or

 (C) To a parent who is providing full-time in-home care to a minor child or parent who, due to illness or incapacity, requires full-time in-home care; or

 (D) If otherwise authorized by the department for cause.

(ix) (E)  If, during any month, a parents required to comply with paragraph (vii) fails, without good cause to do so, the family shall be deemed for all purposes under this section to include only one parent. The parent included in the family shall be the parent which the department determines has accepted primary responsibility for child care. Tthe second parent included in the family, unless exempt pursuant to paragraph (iv), shall be required to comply with paragraphs (i) and (ii)  (vii) of this subsection and shall be subject to the penalties in paragraphs (v) and (vi), as applicable, if the parent fails to do so. Notwithstanding the foregoing, in determining the amount of cash assistance to which a family is entitled under this chapter, the earnings of any parent living in the same household as a family eligible for cash assistance, shall be deemed to be earned income of the family for purposes of § 40-5.1-10(b).

(ix) A parent's failure, without good cause, to accept a bona fide offer of work, including full-time, part-time and/or temporary employment, or unpaid community service, to the extent the offer of work is not inconsistent with the employment plan shall be deemed a failure to comply with this section, provided that:

(A) The parent is able to perform the work offered; and

(B) Appropriate child care (as defined in subsection (e) hereof) is made available to the parent.

(xi) A two (2) parent family that includes a disabled parent shall be considered to be a single parent family for purposes of applying the work requirements of paragraphs (i) and (ii).

(d) Child care. Notwithstanding any other provision of this section, no single parent, or both parents meeting the requirements of paragraph (vii), shall be required to work to the extent that appropriate child care is necessary for the parent to do so and the department determines that such appropriate child care is unavailable for fiscal or other reasons. For purposes of this section "appropriate child care" means child care which is provided by a person or organization qualified and authorized to provide such care by the department of children, youth, and families or such other lawful providers as determined by the department of children, youth, and families. Child care shall be considered "necessary" under this section for any child below the age of thirteen (13), or any children age thirteen (13) years or older who are under supervision of the family court or who require care because of a physical or mental impairment.

(e) Work expenses. The department shall provide an allowance for transportation costs necessary to comply with the employment plan, provided, however, that the amount of such reimbursement shall not exceed the sum of three dollars ($3.00) per day.

 

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

(2) No family shall be eligible for child care assistance under this chapter if the combined value of its liquid resources exceeds ten thousand dollars ($10,000). Liquid resources are defined as any interest(s) in property in the form of cash or other financial instruments or accounts which are readily convertible to cash or cash equivalents. These include, but are not limited to, cash, bank, credit union, or other financial institution savings, checking and money market accounts, certificates of deposit or other time deposits, stocks, bonds, mutual funds, and other similar financial instruments or accounts. These do not include educational savings accounts, plans, or programs; retirement accounts, plans, or programs; or accounts held jointly with another adult, not including a spouse, living outside the same household but only to the extent the applicant/recipient family documents the funds are from sources owned by the other adult living outside the household, plus the proportionate share of any interest, dividend or capital gains thereon. The department is authorized to promulgate rules and regulations to determine the ownership and source of the funds in the joint account.

(3) As a condition of eligibility for child care assistance under this chapter, the parent or caretaker relative of the family must consent to and must cooperate with the department in establishing paternity, and in establishing and/or enforcing child support and medical support orders for all children in the family in accordance with title 15 of the general laws, as amended, unless the parent or caretaker relative is found to have good cause for refusing to comply with the requirements of this subsection.

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

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

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

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

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

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

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

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

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

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

 

§ 40-5.1-19.  Eligibility for medical benefits. – (a) Every member of any family eligible for cash assistance under this chapter shall be categorically eligible for medical assistance through the RIte Care or RIte Share programs, as determined by the department.

 (b) If a family becomes ineligible for cash assistance payments under this act on account of excess earnings from employment, the family shall continue to be eligible for medical assistance through the RIte Care or RIte Share program for a period of eighteen (18) twelve (12) months or until employer paid family health care coverage begins.

 (c) A parent who becomes ineligible for RIte Care under this section and who is not eligible for employer paid medical coverage due to a prior existing condition, or is otherwise uninsurable as determined by the department, shall be entitled to purchase RIte Care coverage in accordance with contribution rates to be established by the department.

 

SECTION 2. This article shall take effect July 1, 2006.

 

 

ARTICLE 33 SUBSTITUTE A

 

RELATING TO MEDICAL ASSISTANCE -- PRESCRIPTION DRUGS

 

SECTION 1.  The department of human services is hereby authorized and directed to amend its practices, procedures, regulations and the Rhode Island state plan for medical assistance (Medicaid) pursuant to title XIX of the federal Social Security Act [42 U.S.C. § 1396 et seq.] to modify the prescription drug program:

(1) to establish a preferred drug list (PDL);

(2) to enter into supplemental rebate, discount or other agreements with pharmaceutical companies; and

(3) to negotiate either state-specific supplemental rebates or to participate in a multi-state pooling supplemental rebate program.

Determinations of drugs included on the PDL will be made by the State Department of Human Services, and a listing of such drugs shall be maintained on a public website. In making these determinations, the department shall consider the recommendations of the Medicaid Pharmaceutical and Therapeutics Committee, whose membership shall include practicing pharmacists and physicians, faculty members of the University of Rhode Island's College of Pharmacy, and consumers or consumer representatives. Drugs exempt from the PDL shall include: (1) antipsychotics; (2) anti-retrovirals; and (3) organ transplant medications. Physicians will be informed about prior authorization procedures for medications not on the PDL, and seventy-two (72) hour emergency supplies may be dispensed if authorizations cannot be obtained.

SECTION 2. The Department of Human Services is hereby authorized and directed to amend its regulations and the Rhode Island State Plan for Medical Assistance (Medicaid) pursuant to title XIX of the federal Social Security Act to modify the fee-for-service program prescription drug reimbursement formula to establish a ceiling equivalent to the combination of the manufacturer's wholesale acquisition cost and a dispensing fee of $3.40 for outpatient prescriptions and $2.85 for long-term care prescriptions.

 

SECTION 3.  This article shall take effect upon passage. 

 

ARTICLE 34 SUBSTITUTE A AS AMENDED

 

RELATING TO INSURANCE -- MANDATED BENEFITS

 

SECTION 1. Section 27-18-30 of the General Laws in Chapter 27-18 entitled "Accident and Sickness Insurance Policies" is hereby amended to read as follows:

 

27-18-30. Health insurance contracts -- Infertility. -- (a) Any health insurance contract, plan, or policy delivered or issued for delivery or renewed in this state, except contracts providing supplemental coverage to Medicare or other governmental programs, which includes pregnancy related benefits, shall provide coverage for medically necessary expenses of diagnosis and treatment of infertility for women between the ages of twenty-five (25) and forty (40) years. To the extent that a health insurance contract provides reimbursement for a test or procedure used in the diagnosis or treatment of conditions other than infertility, the tests and procedures shall not be excluded from reimbursement when provided attendant to the diagnosis and treatment of infertility for women between the ages of twenty-five (25) and forty (40) years; provided, that a subscriber co-payment not to exceed twenty percent (20%) may be required for those programs and/or procedures the sole purpose of which is the treatment of infertility.

 (b) For the purpose of this section, "infertility" means the condition of an otherwise presumably healthy married individual who is unable to conceive or produce conception during a period of one two (2) years.

 (c) Notwithstanding the provisions of section 27-18-19 or any other provision to the contrary, this section shall apply to blanket or group policies of insurance.

(d) The health insurance contract may limit coverage to a lifetime cap of one hundred thousand dollars ($100,000).

 

SECTION 2. Section 27-19-23 of the General Laws in Chapter 27-19 entitled "Nonprofit Hospital Service Corporations" is hereby amended to read as follows:

 

27-19-23. Coverage for infertility. -- (a) Any nonprofit hospital service contract, plan, or insurance policies delivered, issued for delivery, or renewed in this state, except contracts providing supplemental coverage to Medicare or other governmental programs, which includes pregnancy related benefits shall provide coverage for medically necessary expenses of diagnosis and treatment of infertility for women between the ages of twenty-five (25) and forty (40) years. To the extent that a nonprofit hospital service corporation provides reimbursement for a test or procedure used in the diagnosis or treatment of conditions other than infertility, those tests and procedures shall not be excluded from reimbursement when provided attendant to the diagnosis and treatment of infertility for women between the ages of twenty-five (25) and forty (40) years; provided, that a subscriber copayment, not to exceed twenty percent (20%), may be required for those programs and/or procedures the sole purpose of which is the treatment of infertility.

 (b) For the purposes of this section, "infertility" means the condition of an otherwise presumably healthy married individual who is unable to conceive or produce conception during a period of one two (2) years.

(c) The health insurance contract may limit coverage to a lifetime cap of one hundred thousand dollars ($100,000).

 

SECTION 3. Section 27-20-20 of the General Laws in Chapter 27-20 entitled "Nonprofit Medical Service Corporations" is hereby amended to read as follows:

 

27-20-20. Coverage for infertility. -- (a) Any nonprofit medical service contract, plan, or insurance policies delivered, issued for delivery, or renewed in this state, except contracts providing supplemental coverage to Medicare or other governmental programs, which includes pregnancy related benefits shall provide coverage for the medically necessary expenses of diagnosis and treatment of infertility for women between the ages of twenty-five (25) and forty (40) years. To the extent that a nonprofit medical service corporation provides reimbursement for a test or procedure used in the diagnosis or treatment of conditions other than infertility, those tests and procedures shall not be excluded from reimbursement when provided attendant to the diagnosis and treatment of infertility for women between the ages of twenty-five (25) and forty (40) years. Provided, that subscriber copayment, not to exceed twenty percent (20%), may be required for those programs and/or procedures the sole purpose of which is the treatment of infertility.

 (b) For the purposes of this section, "infertility" means the condition of an otherwise presumably healthy married individual who is unable to conceive or produce conception during a period of one two (2) years.

(c) The health insurance contract may limit coverage to a lifetime cap of one hundred thousand dollars ($100,000).

 

SECTION 4. Section 27-41-33 of the General Laws in Chapter 27-41 entitled "Health Maintenance Organizations" is hereby amended to read as follows:

 

27-41-33. Coverage for infertility. -- (a) Any health maintenance organization service contract plan or policy delivered, issued for delivery, or renewed in this state, except a contract providing supplemental coverage to Medicare or other governmental programs, which includes pregnancy related benefits, shall provide coverage for medically necessary expenses of diagnosis and treatment of infertility for women between the ages of twenty-five (25) and forty (40) years. To the extent that a health maintenance organization provides reimbursement for a test or procedure used in the diagnosis or treatment of conditions other than infertility, those tests and procedures shall not be excluded from reimbursement when provided attendant to the diagnosis and treatment of infertility for women between the ages of twenty-five (25) and forty (40) years; provided, that subscriber copayment, not to exceed twenty percent (20%), may be required for those programs and/or procedures the sole purpose of which is the treatment of infertility.

 (b) For the purpose of this section, "infertility" means the condition of an otherwise healthy married individual who is unable to conceive or produce conception during a period of one two (2) years.

(c) The health insurance contract may limit coverage to a lifetime cap of one hundred thousand dollars ($100,000).

 

SECTION 5. Chapter 42-12 of the General Laws entitled "Department of Human Services" is hereby amended by adding thereto the following section:

 

42-12-29. Children's health account. – (a) There is created within the general fund a restricted receipt account to be known as the "children’s health account". All money in the account shall be utilized by the department of human services to effectuate coverage for home health services, CEDARR services, and children's intensive services (CIS). All money received pursuant to this section shall be deposited in the children’s health account. The general treasurer is authorized and directed to draw his or her orders on the account upon receipt of properly authenticated vouchers from the department of human services.

 (b) Beginning in the fiscal year 2007, each insurer licensed or regulated pursuant to the provisions of chapters 18, 19, 20, and 41 of title 27 shall be assessed a for the purposes set forth in this section. The department of human services shall make available to each insurer, upon its request, information regarding the department of human services child health program and the costs related to the program. Further, the department of human services shall submit to the general assembly an annual report on the program and cost related to the program, on or before February 1 of each year. Annual assessments shall be based on direct premiums written in the year prior to the assessment and shall not include any Medicare Supplement Policy (as defined in section 27-18-2.1(g)), Medicare managed care, Medicare, Federal Employees Health Plan or dental premiums. As to accident and sickness insurance, the direct premium written shall include, but is not limited to, group, blanket, and individual policies. Those insurers assessed greater than five hundred thousand dollars ($500,000) for the year shall be assessed four (4) quarterly payments of twenty-five percent (25%) of their total assessment. Beginning July 1, 2006, the annual rate of assessment shall be determined by the director of human services in concurrence with the primary payors, those being insurers likely to be assessed at greater than five hundred thousand dollars ($500,000). The director of the department of human services shall deposit that amount in the "children's health account". The assessment shall be used solely for the purposes of the "children's health account" and no other.

(c) Any funds collected in excess of funds needed to carry out the programs shall be deducted from the subsequent year's assessment.

(d) The total annual assessment on all insurers shall be equivalent to the amount paid by the department of human services for such services, for children insured by such insurers, but not to exceed five thousand dollars ($5,000) per child covered by the services.

(e) The children’s health account shall be exempt from the indirect cost recovery provisions of section 35-4-27 of the general laws.

 

SECTION 6.  This article shall take effect upon passage.

 

ARTICLE 35 SUBSTITUTE A

 

RELATING TO MEDICAL ASSISTANCE -- COMMUNITY HEALTH CENTERS

 

SECTION 1. Section 40-16-1 of the General Laws in Chapter 40-16 entitled “Community Health Centers” is hereby repealed.

 

§ 40-16-1. Funding of community health center. – (a)(1) For the fiscal year ending June 30, 1989, and for each year thereafter the state shall contribute a share of the costs associated with community health centers as provided in this chapter. Subject to the provisions of subsection (i), the state's share shall be calculated by multiplying the total number of medical patients treated at the health centers listed below by the sum of thirteen dollars and thirty-four cents ($13.34) for each patient; provided, that multiple visits or treatment shall be counted only once, by the state department of human services for grants to the following health centers:

(2) Providence Community Health Centers, Inc., Thundermist health associates, inc., Blackstone Valley community health care inc., Wood River health services, Family health services, East Bay Family Health Care, new visions for Newport County, tri-town health center, Dr. John A. Ferris health center, Chad Brown health center, health center of South County, Bayside family healthcare, Northwest health center and Block Island health services inc.; that sum shall be allocated by the department of human services as follows:

(i) One-half (1/2) of the state share in each fiscal year to be divided equally among the fourteen (14) health centers listed in subsection (a)(2); and

(ii) One-half (1/2) of the state share to be allocated among the health centers listed in subsection (a)(2) based on a per capita rate multiplied by the number of medical patients each center treated in the previous fiscal year; that per capita rate to be computed by dividing this half of the state share by the total number of medical patients treated by all aforesaid health centers in the previous fiscal year; each patient notwithstanding multiple visits or treatment, shall be counted once only.

(b) If the sum appropriated by the state for any fiscal year for making payments to the health centers listed in subsection (a)(2) under this program is not sufficient to pay in full the total amount which all the health centers listed in subsection (a)(2) are entitled to receive for that fiscal year, the maximum entitlement which all the health centers listed in subsection (a)(2) shall receive for such fiscal year shall be ratably reduced.

(c) The appropriation of six hundred seventy-three thousand five hundred dollars ($673,500) for the fiscal year ending June 30, 1988, for the state department of human services for distribution to the health centers listed above shall be allocated as follows: three hundred thirty-six thousand seven hundred fifty dollars ($336,750) to be divided, equally, among the fourteen (14) health centers cited and three hundred thirty-six thousand seven hundred fifty dollars ($336,750) to be allocated among the health centers on a per capita rate of ten dollars ($10.00) for each patient.

(d) If the sum appropriated by the state for any fiscal year exceeds the amount to be distributed based upon the provisions of this section, the excess shall be distributed equally among the fourteen (14) designated health centers.

(e) In December of each year, the department of human services shall forward to the chairperson of the house finance committee and to the chairperson of the senate finance committee the proposed unduplicated per patient rate for the next fiscal year.

(f) In the event that a designated grantee shall cease to operate, then its share shall revert to the general fund.

(g) For purposes of this section, "reference year" shall mean the second fiscal year immediately proceeding the fiscal year of appropriation.

(h) For purposes of this section "unduplicated medical patient" shall mean an individual who receives service at a community health center. An individual can be counted only once and multiple visits by and/or multiple treatments of the individual shall not be counted.

(i) For as long as the United States department of health and human services, health care financing administration project No. 11-W-00004/1-01 entitled "RIte Care" remains in effect and the state is paying health maintenance organizations to care for RIte Care enrollees, the state's annual share of costs associated with community health centers to be paid under this chapter shall be an amount no less than $718,015, which amount shall be appropriated to the Rhode Island department of human services. The department of human services shall obtain federal matching funds for the state's annual share to the fullest extent permitted under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq.

(2) In order to encourage federally qualified health centers and rural health centers to participate in RIte Care, for as long as RIte Care remains in effect, all funds appropriated under this chapter and all federal funds matched thereto, shall be paid by the department of human services, without deduction for administrative or other expenses, to Rhode Island health center association, inc., provided that a majority of the health centers referred to in subsection (a) constitute a majority of the members of Rhode Island health center association, inc., and continue to participate as primary care providers in the RIte Care program of the health centers referred to in subsection (a). Such amounts shall be paid monthly to Rhode Island health center association, inc. by the department of human services at the rate of fifteen dollars ($15.00) per member per month for each RIte Care member (regardless of health plan) selecting a federally qualified health center or rural health center, as those terms are defined in 42 U.S.C. § 1395x (or any successor statute), as the member's primary care provider.

(3) In no event shall the amounts payable under this subsection exceed five million five hundred thousand dollars ($5,500,000) per fiscal year. In any fiscal year, if any portion of the state share appropriated in this subsection is not used to obtain federal matching funds and pay the amounts due under subsection (i)(2), the unused portion of the appropriation shall be distributed by the department of human services equally among the fourteen (14) health centers named in subsection (a). This subsection shall be inapplicable and the remaining provisions of this chapter shall apply if at any time a majority of the health centers referred to in subsection (a) do not constitute a majority of the members of Rhode Island health center association, inc. and do not participate as primary care providers in the RIte Care program.

(4) Rhode Island health center association, inc., shall be entitled to disburse the funds paid under this subsection to federally qualified health centers, rural health centers, other health centers or other entities in the manner it considers necessary or appropriate to encourage maximal participation of federally qualified health centers and rural health centers in RIte Care.

(5) The department of human services shall require each qualifying center or entity receiving funds under this chapter to: (a) file uniform cost and utilization reports with the department beginning January 1, 2000; and (b) to certify to the department that it will provide, beginning July 1, 2000, a proportional share of the operating expenses of the management service organization, CHC Enterprise, Inc., formed by qualifying centers or entities.

(j) To support the ability of federally qualified health centers and rural health centers to provide high quality medical care to patients, reimbursement under the medical assistance program for medically necessary services which are paid on a fee for service basis shall continue to be paid at one hundred percent (100%) of the reasonable cost.

 

SECTION 2.  Chapter 40-8 of the General Laws entitled “Medical Assistance” is hereby amended by adding thereto the following section:

 

§ 40-8-26. Community Health Centers.-- (a) For the purposes of this section the term Community Health Centers refers to Federally Qualified Health Centers and Rural Health Centers.

(b) To support the ability of community health centers to provide high quality medical care to patients, the department of human services shall adopt and implement a methodology for determining a Medicaid per visit reimbursement for community health centers which is compliant with the prospective payment system provided for in the Medicare, Medicaid and SCHIP Benefits Improvement and Protection Act of 2001. The following principles are to assure that the prospective payment rate determination methodology is part of the department of human services’ overall value purchasing approach:

(c) The rate determination methodology will (i) fairly recognize the reasonable costs of providing services. Recognized reasonable costs will be those appropriate for the organization, management and direct provision of services and (ii) provide assurances to the department of human services that services are provided in an effective and efficient manner, consistent with industry standards.   Except for demonstrated cause and at the discretion of the department of human services, the maximum reimbursement rate for a service (e.g. medical, dental) provided by an individual community health center shall not exceed one hundred twenty-five percent (125%) of the median rate for all community health centers within Rhode Island.

(d) Community health centers will cooperate fully and timely with reporting requirements established by the department.

(e) Reimbursement rates established through this methodology shall be incorporated into the PPS reconciliation for services provided to Medicaid eligible persons who are enrolled in a health plan on the date of service.  Monthly payments by DHS related to PPS for persons enrolled in a health plan shall be made directly to the community health centers.  

 

SECTION 3.  This article shall take effect upon passage.

 

ARTICLE 36 SUBSTITUTE A

 

Relating To Dredging Fees

 

SECTION 1. Chapter 46-23 of the General Laws entitled  "Coastal Resources Management Council" is hereby amended by adding thereto the following sections:

 

46-23-18.5. Fees  for disposal. – (a) The council is authorized to impose a fee of not less than eleven dollars and sixty-five cents ($11.65) per cubic yard for the disposal of dredge materials at the sites established by the council pursuant to section 46-23-18.3, with eleven dollars and sixty-five cents ($11.65) being deposited into the general fund. The amount of the fee established by the council pursuant to the section shall be reviewed by the council on an annual basis and revised as the council deems necessary, but in no event shall the fee be set at an amount less than eleven dollars and sixty-five cents ($11.65) per cubic yard of material.

 

46-23-18.6. Coastal Resources Management Council Dredge Fund. – There is hereby created a separate fund to be held by the coastal resources management council to be known as the dredge fund. Any amount charged above the eleven dollars and sixty-five cents ($11.65) must be deposited into the fund and shall not be deposited into the general fund of the state, but shall be kept by the general treasurer of the state in a separate fund for the coastal resources management council, and shall be paid out by the treasurer upon the order of the council, without the necessity of appropriation or re-appropriation by the general assembly. Funds must be used to create additional dredging and disposal  options.

 

SECTION 2. Section 35-4-1 of the General Laws in Chapter 35-4 entitled "State Funds" is hereby amended to read as follows:

 

35-4-1. Revenue credited to general fund -- Exceptions -- Deposits. -- All receipts and revenue of the state shall be credited by the general treasurer to the general fund of the state with the exception of receipts or revenue pertaining to the following funds:

 (1) Permanent school fund;

 (2) Touro Jewish synagogue fund;

 (3) Land-grant fund of 1862;

 (4) Veterans' home fund;

 (5) United States cooperative vocational education fund;

 (6) United States industrial rehabilitation fund;

 (7) Forestry cooperative fund;

 (8) State sinking fund;

 (9) Fire insurance fund;

 (10) Fund for relief of firemen;

 (11) Fund for relief of policemen;

(12) Coastal Resources Management Council Dredge Fund;

 (12) (13) Funds received from the federal government in accordance with the provisions of parts 1 and 2 of title V of the Social Security Act, 42 U.S.C. section 501 et seq.;

 (13) (14) Any other funds that may by federal law or regulation, or by enactment of the general assembly, be allocated to a specific fund, provided, that nothing contained in this section shall amend or modify: section 19-3.1-9, which pertains to securities deposited by trust companies and national banks having trust departments; section 19-5-15, which pertains to credit unions; nor section 27-1-5, which pertains to deposits of securities by insurance companies with the general treasurer; and

 (14) (15) Funds received until June 30, 2002, from the northeast dairy compact commission, which was enacted into law in Rhode Island by P.L. 1993, ch. 106, section 2-24-1 et seq. These funds are to be passed from the northeast dairy compact commission through the department of elementary and secondary education to reimburse school districts for school milk that is exempted from the federal over-order price regulation obligation at 7 CFR 1301. These funds are to be placed in a restricted receipt account established within the department of elementary and secondary education separate from all other accounts within the department of elementary and secondary education. All funds deposited in the restricted receipt account established in this section shall be disbursed prior to June 30, 2002.

 

SECTION 3. This article shall take effect as of July 1, 2006.

 

ARTICLE 37 SUBSTITUTE A AS AMENDED

 

JOINT RESOLUTION

TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO THE CONSTITUTION OF THE STATE (LIMITATIONS ON STATE SPENDING)

 

WHEREAS, The budget reserve account, also known as "the rainy day fund", was made part of the state constitution through voter referendum in 1992 to ensure adequate cash and budget reserves for unanticipated revenue shortfalls; and

WHEREAS, The constitution limits appropriations for any fiscal year to ninety-eight percent of estimated revenues and requires the two percent difference to be deposited into the budget reserve account until the account reaches three percent of said revenues; and

WHEREAS, The constitution further requires that excess funds available after the budget reserve account has been fully funded shall be transferred to the state capital bond fund for debt reduction, debt service, or capital projects; and

WHEREAS, In recent years state capital bond funds have been used increasingly to pay debt service, with the result that the budget reserve account cannot be used without jeopardizing the state's ability to meet its debt service obligations; and

WHEREAS, Experience since passage of the 1992 constitutional amendment has demonstrated that the three percent cap results in insufficient funding of the reserve account; and

WHEREAS, The viability of the reserve account will be restored by limiting the state capital bond fund to capital projects, limiting appropriations from ninety-eight percent  of estimated revenues to ninety-seven percent of estimated revenues, and allowing the cap on the budget reserve account to be expanded from three percent to five percent of revenues; and, now, therefore be it

RESOLVED, That a majority of all members elected to each house of the general assembly voting therefore, an amendment to section 16 of Article IX of the Constitution of the state shall be proposed to the qualified electors of the state for their approval in accordance with the provisions of Article XIV of the Constitution, and upon such approval, the amended section 16 of Article IX, set forth below, shall be included in the Constitution; and that said proposition of amendment shall be submitted to the electors for their approval or rejection at the next statewide general election, and said proposition of amendment shall appear on the ballots and shall be preceded by the following explanation and space to "approve" or "reject", all of which shall be in substantially the following form:

CONSTITUTIONAL AMENDMENT – BUDGET RESERVE ACCOUNT

Approval of the amendment set forth below will increase the funding and restore the viability of the budget reserve account, also known as "the rainy day fund", by limiting the amount of estimated revenues that can be appropriated, increasing the cap on the reserve account, and limiting the use of capital funds to capital projects.

APPROVE_________

REJECT___________

ARTICLE IX  

Section 16.  Limitation on state spending [Effective from July 1, 2007 until July 1, 2012].

(a) No appropriation, supplemental appropriation or budget act shall cause the aggregate state general revenue appropriations enacted in any given fiscal year to exceed ninety-eight percent (98%) of the estimated state general revenues for such fiscal year from all sources, including estimated unencumbered general revenues to the new fiscal year remaining at the end of the previous fiscal year.   Estimated unencumbered general revenues are calculated by taking the estimated general revenue cash balance at the end of the fiscal year less estimated revenue anticipation bonds or notes, estimated general revenue encumbrances, estimated continuing general revenue appropriations and the amount of the budget reserve account at the end of said fiscal year.

(b) The amount between the applicable percentage in (a) and one hundred percent (100%) of the estimated state general revenue for any fiscal year as estimated in accordance with subsection (a) of this section shall be appropriated in any given fiscal year into the budget reserve account; provided, however, that no such payment will be made which would increase the total of the budget reserve account to more than three percent (3%) of only the estimated state general revenues as set by subsection (a) of this section.  In the event that the payment to be made into the budget reserve account would increase the amount in said account to more than three percent (3%) of estimated state general revenues that said amount shall be transferred to the state bond capitol Rhode Island Capital Plan fund to be used solely for reduction of state indebtedness, payment of debt service, and/or funding of capitol capital  projects.

(c) Within forty-five (45) days after the close of any fiscal year, all unencumbered general revenue in the year end surplus account from the said fiscal year shall be transferred to the general fund.

Section 16.  Limitation on state spending [Effective July 1, 2012].

(a) No appropriation, supplemental appropriation or budget act shall cause the aggregate state general revenue appropriations enacted in any given fiscal year to exceed ninety-eight percent (98%) ninety-seven percent (97%) of the estimated state general revenues for such fiscal year from all sources, including estimated unencumbered general revenues to the new fiscal year remaining at the end of the previous fiscal year.   Estimated unencumbered general revenues are calculated by taking the estimated general revenue cash balance at the end of the fiscal year less estimated revenue anticipation bonds or notes, estimated general revenue encumbrances, estimated continuing general revenue appropriations and the amount of the budget reserve account at the end of said fiscal year.

(b) The amount between the applicable percentage in (a) and one hundred percent (100%) of the estimated state general revenue for any fiscal year as estimated in accordance with subsection (a) of this section shall be appropriated in any given fiscal year into the budget reserve account; provided, however, that no such payment will be made which would increase the total of the budget reserve account to more than three percent (3%) five percent (5%) of only the estimated state general revenues as set by subsection (a) of this section.  In the event that the payment to be made into the budget reserve account would increase the amount in said account to more than three percent (3%) five percent (5%) of estimated state general revenues that said amount shall be transferred to the state bond capitol Rhode Island Capital Plan fund to be used solely for reduction of state indebtedness, payment of debt service, and/or funding of capitol capital projects.

(c) Within forty-five (45) days after the close of any fiscal year, all unencumbered general revenue in the year end surplus account from the said fiscal year shall be transferred to the general fund.

RESOLVED, That the said proposition of amendment shall be submitted to the electors for their approval or rejection at the next statewide general election. The voting places in the several cities and towns shall be kept open during the hours required by law for voting therein; and be it further

RESOLVED, That the secretary of state shall cause said proposition of amendment to be published as a part of this resolution in the newspapers of the state prior to the date of the said meetings of the said electors; and the said proposition shall be inserted in the warrants or notices to be issued previous to said meetings of the electors for the purpose of warning the town, ward, or district meetings, and said proposition shall be read by the town, ward or district clerks to the electors in the town, ward, or district meetings to be held as aforesaid; and be it further

RESOLVED, That the town, ward, or district meetings to be held aforesaid shall be warned, and the list of voters shall be canvassed and made up, and the said town, ward, or district meetings shall be conducted in the same manner as now provided by law for the town, ward, and district meetings for the statewide general election.

This article shall take effect upon passage.

 

ARTICLE 38 SUBSTITUTE A AS AMENDED

 

Relating To STATE AFFAIRS AND GOVERNMENT

 

SECTION 1. Title 42 of the General Laws entitled "State Affairs and Government" is hereby amended by adding thereto the following chapter:

 

CHAPTER 143
DEPARTMENT OF REVENUE

 

42-143-1. Department of revenue. – (a) There is hereby established within the executive branch of state government a department of revenue.

(b) The head of the department shall be the director of revenue, who shall be appointed by the governor, with the advice and consent of the senate, and shall serve at the pleasure of the governor.

(c) The department shall contain the division of taxation (chapter 44-1), the division of motor vehicles (chapter 32-2), the division of state lottery (chapter 42-61), the office of revenue analysis (chapter 42-143), and the division of property valuation (chapter 42-143).

 

42-143-2. Powers and duties of the department. – The department of revenue shall have the following powers and duties:

(a) To operate a division of taxation.

(b) To operate a division of motor vehicles;

(c) To operate a division of state lottery;

(d) To operate an office of revenue analysis; and

(e) To operate a division of property valuation.

 

42-143-3. Office of revenue analysis. – (a) There is hereby established within the department of revenue an office of revenue analysis. The head of the office shall be the chief of revenue analysis, who shall hold office for the term of five (5) years from the time of his or her appointment and until his or her successor is duly appointed and qualified. The chief shall be eligible for reappointment, and shall not engage in any other occupation. The head of the office shall have an advanced degree in economics or statistics;

(b) The director of revenue shall grant to the chief of revenue analysis reasonable access to appropriate expert staff and access to taxation data sufficient to carry out the duties of the office;

(c) The division shall analyze, evaluate, and appraise the tax system of the state, and make recommendations for its revision in accordance with the best interests of the economy of the state;

(d) The division shall be responsible for preparing the tax expenditures report as required in section 44-48.1-1;

(e) The division shall be responsible for preparing cost benefit analyses of all tax expenditures.

 

42-143-4. Division of property valuation. – (a) There is hereby established within the department of revenue a division of property valuation. The head of the office shall be the chief of property valuation.

 (b) The division of property valuation shall have the following duties:

(i) Provide assistance and guidance to municipalities in complying with state law;

(ii) To encourage cooperation between municipalities and the state in calculating, evaluating and distributing state aid;

(iii)_ To maintain a data center of information of use to municipalities;

(iv) To maintain and compute financial and equalized property value information for the benefit of municipalities and public policy decision makers;

(v) To encourage and assure compliance with state laws and policies relating to municipalities especially in the areas of public disclosure, tax levies, financial reporting, and property tax issues;

(vi) To encourage cooperation between municipalities and the state by distributing information and by providing technical assistance to municipalities;

(vii) To give guidance to public decision makers on the equitable distribution of state aid to municipalities;

(viii) To provide technical assistance for property tax administration.

 

SECTION 2. Section 16-3-19 of the General Laws in Chapter 16-3 entitled "Establishment of Regional School Districts" is hereby amended to read as follows:

 

16-3-19. Costs of operation -- Payment of debts -- Apportionment among district members. -- (a) (1) The cost of the operation of a regional school district and the cost of payment of an indebtedness of the regional school district authorized by the regional school district financial meeting or regional representatives under the provisions of section 16-3-14 shall be borne by the member towns and/or cities that comprise the regional school district in that proportion that the equalized weighted assessed valuation of the property of the towns and cities that lie within the regional school district as determined from the latest figure certified by the department of administration revenue bears to the total equalized weighted assessed valuation of the total property of the regional school district, or, if the figures from the department of administration revenue are not available, the latest figures on equalized weighted assessed valuation used by the state department of elementary and secondary education in determining equalization aid under chapter 7 of this title shall be used.

 (2) However, the apportionment of the cost of operating a regional school district and the cost of paying indebtedness may be determined by the members towns and/or cities that comprise the regional school district in a manner approved by a majority vote within each member community.

 (b) On or before March 1 in each year the treasurer of the regional school district shall determine the proportionate share of the cost of the operation and the cost of the capital debt service payments of the regional school district for the next regional school district fiscal year to be borne by the towns and/or cities that comprise the regional school district in the manner prescribed in subsection (a) of this section, and he or she shall notify the town or city treasurer of the towns and/or cities comprising the regional school district of the total amount of money necessary to be raised from the regional school district taxpayers of each town or city for the operation of the regional school district for the fiscal year following.

 

SECTION 3. Sections 16-7-16, 16-7-21 and 16-7-36 of the General Laws in Chapter 16-7 entitled "Foundation Level School Support" are hereby amended to read as follows:

 

16-7-16. Definitions. -- The following words and phrases used in sections 16-7-15 to 16-7-34 have the following meanings:

 (1) "Adjusted equalized weighted assessed valuation" means the equalized weighted assessed valuation of a community as determined by the department of administration revenue or as apportioned by the commissioner pursuant to the provisions of section 16-7-21;

 (2) "Average daily membership" means the average number of pupils in a community during a school year as determined pursuant to the provisions of section 16-7-22, less any students who are served in a program operated by the state and which program is part of the operations aid formula;

 (3) "Basic program" means the cost of education of resident pupils in grades twelve (12) and below in average daily membership for the reference year as determined by the mandated minimum program level plus all transportation costs including school bus monitors;

 (4) "Certified personnel" means all persons who are required to hold certificates issued by or under the authority of the board of regents for elementary and secondary education;

 (5) "Community" means any city, town, or regional school district established pursuant to law and/or the department of children, youth, and families; provided, however, that the department of children, youth, and families shall not have those administrative responsibilities and obligations as set forth in chapter 2 of this title; provided, however, that the member towns of the Chariho regional high school district, created by P.L. 1958, chapter 55 as amended, shall constitute separate and individual communities for the purpose of determining and distributing the foundation level school support including state aid for noncapital excess expenses for the special education of children with disabilities provided for in section 16-24-6 for all grades financed in whole or in part by the towns irrespective of any regionalization and any school operated by the state department of elementary and secondary education;

 (6) "Department of children, youth, and families" means that department created pursuant to chapter 72 of title 42. For purposes of this section, sections 16-7-20, 16-24-2, and 42-72-5(b)(22), "children" means those children who are placed, assigned, or otherwise accommodated for residence by the department of children, youth, and families in a state operated or supported community residence licensed by a state agency and the residence operates an educational program approved by the department of elementary and secondary education;

 (7) "Equalized weighted assessed valuation" means the equalized weighted assessed valuation for a community as determined by the department of administration division of property valuation pursuant to the provisions of section 16-7-21;

 (8) "Full time equivalency students" means the time spent in a particular activity divided by the amount of time in a normal school day;

 (9) "Incentive entitlement" means the sum payable to a local school district under the formula used;

 (10) "Mandated minimum program level" means the amount that shall be spent by a community for every pupil in average daily membership as determined pursuant to the provisions of section 16-7-18;

 (11) "Reference year" means the next year prior to the school year immediately preceding that in which the aid is to be paid; and

 (12) "Regularly employed" and "service" as applied to certified personnel have the same meaning as defined in chapter 16 of this title.

 

16-7-21. Determination and adjustment of equalized weighted assessed valuation. -- On or before August 1 of each year the division of property valuation within the department of administration revenue, shall determine and certify to the commissioner of elementary and secondary education the equalized weighted assessed valuation for each city and town in the following manner:

 (1) The total assessed valuations of real and tangible personal property for each city and town as of December 31 of the third preceding calendar year shall be weighted by bringing the valuation to the true and market value of real and tangible personal property. The total assessed valuations of real and tangible personal property for all cities and towns shall be applied to the true and market valuations of the property for all cities and towns and the resulting percentage shall determine the average throughout the state. This percentage applied to the sum of the total true and market value of real and tangible personal property of each city and town shall be the equalized weighted assessed valuation of each city and town.

 (2) The equalized weighted assessed valuation for each city and town shall be allocated to the particular city or town, and in the case of a regional school district which does not service all grades, except the Chariho regional high school district, the commissioner of elementary and secondary education shall apportion that proportion of the equalized weighted assessed valuation of the member cities or towns which the average daily membership serviced by the regional school district bears to the total average daily membership, and the equalized weighted assessed valuation of the member cities and towns shall be appropriately reduced.

 (3) The equalized weighted assessed valuation for each community as allocated or apportioned in accordance with subdivision (2) of this section shall be adjusted by the ratio which the median family income of a city or town bears to the statewide median family income as reported in the latest available federal census data. The total state adjusted equalized weighted assessed valuation shall be the same as the total state equalized weighted assessed valuation.

 

16-7-36. Definitions. -- The following words and phrases used in sections 16-7-35 to 16-7-47 have the following meanings:

 (1) "Adjusted equalized weighted assessed valuation" means the equalized weighted assessed valuation for a community as determined by the division of property valuation within the department of administration revenue in accordance with section 16-7-21; provided, however, that in the case of a regional school district the commissioner of elementary and secondary education shall apportion the adjusted equalized weighted assessed valuation of the member cities or towns among the regional school district and the member cities or towns according to the proportion that the number of pupils of the regional school district bears to the number of pupils of the member cities or towns.

 (2) "Approved project" means a project which has complied with the administrative regulations governing sections 16-7-35 through 16-7-47, and which has been authorized to receive state school housing reimbursement by the commissioner of elementary and secondary education.

 (3) "Community" means any city, town, or regional school district established pursuant to law; provided, however, that the member towns of the Chariho regional high school district, created by P.L. 1958, ch. 55, as amended, shall constitute separate and individual communities for the purposes of distributing the foundation level school support for school housing for all grades financed in whole or in part by the towns irrespective of any regionalization.

 (4) "Reference year" means the year next prior to the school year immediately preceding that in which aid is to be paid.

 

SECTION 4. Section 31-2-1 of the General Laws in Chapter 31-2 entitled "Division of Motor Vehicles" is hereby amended to read as follows:

 

31-2-1. Establishment -- Duties -- Chief of division. -- Within the department of administration revenue there shall be a division of motor vehicles. The division will be responsible for activities assigned to it by law, including, but not limited to, motor vehicle registration, testing and licensing of motor vehicle operators, inspection of motor vehicles, and enforcement of laws relating to the issuance, suspension and revocation of motor vehicle registrations and drivers' licenses. The division shall administer the financial responsibility law. The chief of the division shall use the title and designation "registrar" or "administrator" on all licenses, registrations, orders of suspensions, financial responsibility notices or orders, or any other official documents issued or promulgated by the division. He or she shall exercise all powers and duties prescribed by chapters 1 -- 27 of this title and shall supervise and direct the promotion of highway traffic safety.

 

SECTION 5. Section 35-1-2 of the General Laws in Chapter 35-1 entitled "Fiscal Functions of Department of Administration" is hereby repealed.

 

35-1-2. Division of research. -- Within the department of administration there shall be a division of research for the purpose of carrying on a continuing program of research in the fields of governmental and financial administration and taxation. All agencies of the state government shall furnish to this division all data which may be required in carrying out its studies.

 

SECTION 6. Section 36-4-2 of the General Laws in Chapter 36-4 entitled "Merit System" is hereby amended to read as follows:

 

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

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

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

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

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

 (5) The following specific offices:

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

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

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

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

 (v) In the department of health: director;

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

 (vii) In the department of environmental management: director;

 (viii) In the department of transportation: director;

 (ix) In the department of human services: director;

 (x) In the state properties committee: secretary;

 (xi) In the workers' compensation court: judges, administrator, deputy administrator, clerk, assistant clerk, clerk secretary;

 (xii) In the department of elderly affairs: director;

 (xiii) In the department of mental health, retardation, and hospitals: director;

 (xiv) In the department of corrections: director, assistant director (institutions/operations), assistant director (rehabilitative services), assistant director (administration), and wardens;

 (xv) In the department of children, youth and families: director, one assistant director, one associate director, and one executive director;

 (xvi) In the public utilities commission: public utilities administrator;

 (xvii) In the water resources board: general manager;

 (xviii) In the human resources investment council: executive director.

 (6) Chief of the hoisting engineers, licensing division, and his or her employees; executive director of the veterans memorial building and his or her clerical employees.

 (7) One confidential stenographic secretary for each director of a department and each board and commission appointed by the governor.

 (8) Special counsel, special prosecutors, regular and special assistants appointed by the attorney general, the public defender and employees of his or her office, and members of the Rhode Island bar occupying a position in the state service as legal counsel to any appointing authority.

 (9) The academic and/or commercial teaching staffs of all state institution schools, with the exception of those institutions under the jurisdiction of the board of regents for elementary and secondary education and the board of governors for higher education.

 (10) Members of the military or naval forces, when entering or while engaged in the military or naval service.

 (11) Judges, referees, receivers, clerks, assistant clerks, and clerical assistants of the supreme, superior, family, and district courts, the traffic tribunal, jurors and any persons appointed by any court.

 (12) Election officials and employees.

 (13) Administrator, executive high sheriff, sheriffs, chief deputy sheriffs, deputy sheriffs, and other employees of the sheriff's division within the department of administration and security officers of the traffic tribunal.

 (14) Patient or inmate help in state charitable, penal, and correctional institutions and religious instructors of these institutions and student nurses in training, residents in psychiatry in training, and clinical clerks in temporary training at the institute of mental health within the state of Rhode Island medical center.

 (15) (i) Persons employed to make or conduct a temporary and special inquiry, investigation, project or examination on behalf of the legislature or a committee therefor, or on behalf of any other agency of the state if the inclusion of these persons in the unclassified service is approved by the personnel administrator. The personnel administrator shall notify the house fiscal advisor and the senate fiscal advisor whenever he or she approves the inclusion of a person in the unclassified service.

 (ii) The duration of the appointment of a person, other than the persons enumerated in this section, shall not exceed ninety (90) days or until presented to the department of administration. The department of administration may extend the appointment another ninety (90) days. In no event shall the appointment extend beyond one hundred eighty (180) days.

 (16) Members of the division of state police.

 (17) Executive secretary of the Blackstone Valley district commission.

 (18) Artist and curator of state owned art objects.

 (19) Mental health advocate.

 (20) Child advocate.

 (21) The position of aquaculture coordinator and dredge coordinator within the coastal resources management council.

 (22) Employees of the office of the health insurance commissioner.

(23) In the department of revenue: the director, secretary, attorney. 

 

SECTION 7. Sections 42-6-1, 42-6-2 and 42-6-3 of the General Laws in Chapter 42-6 entitled "Departments of State Government" are hereby amended to read as follows:

 

42-6-1. Enumeration of departments. -- All the administrative powers and duties heretofore vested by law in the several state departments, boards, divisions, bureaus, commissions, and other agencies shall be vested in the following departments and other agencies which are specified in this title:

 (a) Executive department (chapter 7 of this title);

 (b) Department of state (chapter 8 of this title);

 (c) Department of the attorney general (chapter 9 of this title);

 (d) Treasury department (chapter 10 of this title);

 (e) Department of administration (chapter 11 of this title);

 (f) Department of business regulation (chapter 14 of this title);

 (g) Department of children, youth, and families (chapter 72 of this title);

 (h) Department of corrections (chapter 56 of this title);

 (i) Department of elderly affairs (chapter 66 of this title);

 (j) Department of elementary and secondary education (chapter 60 of title 16);

 (k) [Deleted by P.L. 1996, ch. 226, section 5.]

 (l) Department of environmental management (chapter 17.1 of this title);

 (m) Department of health (chapter 18 of this title);

 (n) Board of governors for higher education (chapter 59 of title 16);

 (o) Department of labor and training (chapter 16.1 of this title);

 (p) Department of mental health, retardation, and hospitals (chapter 12.1 of this title);

 (q) Department of human services (chapter 12 of this title);

 (r) [Deleted by P.L. 1996, ch. 100, art. 29, section 8.]

 (s) Department of transportation (chapter 13 of this title);

 (t) Public utilities commission (chapter 14.3 of this title).

 (u) [Deleted by P.L. 1995, ch. 370, art. 14, section 1.]

(v) Department of revenue (chapter 143 of title 44).

 

42-6-2. Heads of departments. -- The governor, secretary of state, attorney general, and general treasurer, hereinafter called general officers, shall each be in charge of a department. There shall also be a director of administration, a director of revenue, a director of human services, a director of mental health, retardation, and hospitals, a director of transportation, a director of business regulation, a director of labor and training, a director of environmental management, a director for children, youth, and families, a director of elderly affairs, and director of corrections. Each director shall hold office at the pleasure of the governor and he or she shall serve until his or her successor is duly appointed and qualified unless the director is removed from office by special order of the governor.

 

42-6-3. Appointment of directors. -- (a) At the January session following his or her election to office, the governor shall appoint a director of administration, a director of revenue, a director of human services, a director of mental health, retardation, and hospitals, a director of transportation, a director of business regulation, a director of labor and training, a director of environmental management, a director for children, youth and families, a director of elderly affairs, and a director of corrections. The governor shall, in all cases of appointment of a director while the senate is in session, notify the senate of his or her appointment and the senate shall, within sixty (60) legislative days after receipt of the notice, act upon the appointment. If the senate shall, within sixty (60) legislative days, vote to disapprove the appointment it shall so notify the governor, who shall forthwith appoint and notify the senate of the appointment of a different person as director and so on in like manner until the senate shall fail to so vote disapproval of the governor's appointment. If the senate shall fail, for sixty (60) legislative days next after notice, to act upon any appointment of which it has been notified by the governor, the person so appointed shall be the director. The governor may withdraw any appointment of which he or she has given notice to the senate, at any time within sixty (60) legislative days thereafter and before action has been taken thereon by the senate.

 (b) Except as expressly provided in section 42-6-9, no director of any department shall be appointed or employed pursuant to any contract of employment for a period of time greater than the remainder of the governor's current term of office. Any contract entered into in violation of this section after [July 1, 1994]is hereby declared null and void.

 

SECTION 8. Sections 42-11-2 and 42-11-12 of the General Laws in Chapter 42-11 entitled "Department of Administration" are hereby amended to read as follows:

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 (1) Name of lessor;

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

 (3) Cost of the lease;

 (4) Amount paid to date;

 (5) Date initiated;

 (6) Date covered by the lease.

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

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

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

 (gg) To operate a statewide child support enforcement program in accordance with title IV-D of the Social Security Act and under title 15 of the Rhode Island general laws.

 

42-11-12. Transfer of functions from the department of community affairs. -- (a) There are hereby transferred to the department of administration those functions formerly administered by the department of community affairs relating to:

 (1) Administration of aid to municipalities;

 (2) Local planning assistance;

 (3) Community development training; and

 (4) Technical local government assistance;

 (5) Equalized weighted assessed;

 (6) Property tax administration assistance; and

 (7) Building code standards committee.

 (b) In addition to any of its other powers and responsibilities, the department is authorized and empowered to accept any grants made available by the United States government or any agency thereof, and the department, with the approval of the governor, is authorized and empowered to perform such acts and enter into all necessary contracts and agreements with the United States of America or any agency thereof as may be necessary in such manner and degree as shall be deemed to be in the best interest of the state. The proceeds of the grants so received shall be paid to the general treasurer of the state and by him or her deposited in a separate fund and shall be utilized for the purposes of those grants.

 

SECTION 9. Sections 42-61-1, 42-61-3 and 42-61-4 of the General Laws in Chapter 42-61 entitled "State Lottery" are hereby amended to read as follows:

 

42-61-1. Division of state lottery established. -- (a) There is established a state lottery division within the department of administration. revenue.

 

42-61-3. Appointment of director of lotteries. -- The lotteries shall be under the immediate supervision and direction of a director, who shall be a qualified person to administer an enterprise of the nature of a lottery. The director shall be appointed by the governor to a five (5) year term with the advice and consent of the senate. The appointment shall be reviewed or vetted by the Permanent Joint Committee on State Lottery according to Article 6 Section 15 of the Rhode Island Constitution. The director shall serve until his or her successor is appointed and qualified. Any vacancy occurring in the office of the director shall be filled in the same manner as the original appointment. Pursuant to section 42-6-4, in the case of a vacancy while the senate is not in session, the governor shall appoint a director to hold the office until the next session thereof; provided, that no person should serve in such a position for more than three (3) legislative days after the senate convenes unless that person's name shall have been submitted to the senate for its approval. The director shall devote his or her entire time and attention to the duties of his or her office and shall not be engaged in any other profession or occupation. He or she shall receive any salary that the director of the department of administration revenue shall determine and shall be in the unclassified service.

 The director of lotteries shall be removable by the governor, pursuant to the provisions of section 36-1-7 and for cause only, and removal solely for partisan or personal reasons unrelated to capacity or fitness for the office shall be unlawful.

 

42-61-4. Powers and duties of director. -- The director shall have the power and it shall be his or her duty to:

 (1) Supervise and administer the operation of lotteries in accordance with this chapter, chapter 61.2 of this title and with the rules and regulations of the division;

 (2) Act as the chief administrative officer having general charge of the office and records and to employ necessary personnel to serve at his pleasure and who shall be in the unclassified service and whose salaries shall be set by the director of the department of administration  revenue, pursuant to the provisions of section 36-4-16.  42-61-3.

 (3) In accordance with this chapter and the rules and regulations of the division, license as agents to sell lottery tickets those persons, as in his or her opinion, who will best serve the public convenience and promote the sale of tickets or shares. The director may require a bond from every licensed agent, in an amount provided in the rules and regulations of the division. Every licensed agent shall prominently display his or her license, or a copy of their license, as provided in the rules and regulations of the committee;

 (4) Confer regularly as necessary or desirable, and not less than once each month, with the permanent joint committee on state lottery on the operation and administration of the lotteries; make available for inspection by the committee, upon request, all books, records, files, and other information, and documents of the division; advise the committee and recommend those matters that he or she deems necessary and advisable to improve the operation and administration of the lotteries;

 (5) Suspend or revoke any license issued pursuant to this chapter, chapter 61.2 of this title or the rules and regulations promulgated under this chapter and chapter 61.2 of this title;

 (6) Enter into contracts for the operation of the lotteries, or any part of the operation of the lotteries, and into contracts for the promotion of the lotteries;

 (7) Ensure that monthly financial reports are prepared providing gross monthly revenues, prize disbursements, other expenses, net income, and the amount transferred to the state general fund for keno and for all other lottery operations; submit this report to the state budget officer, the auditor general, the permanent joint committee on state lottery, the legislative fiscal advisors, and the governor no later than the twentieth business day following the close of the month; the monthly report shall be prepared in a manner prescribed by the members of the revenues estimating conference; at the end of each fiscal year the director shall submit an annual report based upon an accrual system of accounting which shall include a full and complete statement of lottery revenues, prize disbursements and expenses, to the governor and the general assembly, which report shall be a public document and shall be filed with the secretary of state;

 (8) Carry on a continuous study and investigation of the state lotteries throughout the state, and the operation and administration of similar laws which may be in effect in other states or countries;

 (9) Implement the creation and sale of commercial advertising space on lottery tickets as authorized by section 42-61-4 of this chapter as soon as practicable after June 22, 1994;

 (10) Promulgate rules and regulations which shall include but not be limited to:

 (i) The price of tickets or shares in the lotteries;

 (ii) The number and size of the prizes on the winning tickets or shares;

 (iii) The manner of selecting the winning tickets or shares;

 (iv) The manner of payment of prizes to the holders of winning tickets or shares;

 (v) The frequency of the drawings or selections of winning tickets or shares;

 (vi) The number and types of location at which tickets or shares may be sold;

 (vii) The method to be used in selling tickets or shares;

 (viii) The licensing of agents to sell tickets or shares, except that a person under the age of eighteen (18) shall not be licensed as an agent;

 (ix) The license fee to be charged to agents;

 (x) The manner in which the proceeds of the sale of lottery tickets or shares are maintained, reported, and otherwise accounted for;

 (xi) The manner and amount of compensation to be paid licensed sales agents necessary to provide for the adequate availability of tickets or shares to prospective buyers and for the convenience of the general public;

 (xii) The apportionment of the total annual revenue accruing from the sale of lottery tickets or shares and from all other sources for the payment of prizes to the holders of winning tickets or shares, for the payment of costs incurred in the operation and administration of the lotteries, including the expense of the division and the costs resulting from any contract or contracts entered into for promotional, advertising, consulting, or operational services or for the purchase or lease of facilities, lottery equipment, and materials, for the repayment of moneys appropriated to the lottery fund;

 (xiii) The superior court upon petition of the director after a hearing may issue subpoenas to compel the attendance of witnesses and the production of documents, papers, books, records, and other evidence in any matter over which it has jurisdiction, control or supervision. If a person subpoenaed to attend in the proceeding or hearing fails to obey the command of the subpoena without reasonable cause, or if a person in attendance in the proceeding or hearing refuses without lawful cause to be examined or to answer a legal or pertinent question or to exhibit any book, account, record, or other document when ordered to do so by the court, that person may be punished for contempt of the court;

 (xiv) The manner, standards, and specification for a process of competitive bidding for division purchases and contracts; and

 (xv) The sale of commercial advertising space on the reverse side of, or in other available areas upon, lottery tickets provided that all net revenue derived from the sale of the advertising space shall be deposited immediately into the state's general fund and shall not be subject to the provisions of section 42-61-15; and

 (11) [Effective until June 30, 2006.]Notwithstanding any general law, public law, or regulation to the contrary, implement, without division approval, changes in the structures of the following lottery games: Powerball, Keno and Hot Trax.

 

SECTION 10. Sections 44-1-1 and 44-1-2 of the General Laws in Chapter 44-1 entitled "State Tax Officials" are hereby amended to read as follows:

 

44-1-1. Tax administrator -- Appointment. -- There shall be a tax administrator within the department of administration revenue appointed by the director of administration revenue with the approval of the governor.

 

44-1-2. Powers and duties of tax administrator. -- The tax administrator is required:

 (1) To assess and collect all taxes previously assessed by the division of state taxation in the department of revenue and regulation, including the franchise tax on domestic corporations, corporate excess tax, tax upon gross earnings of public service corporations, tax upon interest bearing deposits in national banks, the inheritance tax, tax on gasoline and motor fuels, and tax on the manufacture of alcoholic beverages;

 (2) To assess and collect the taxes upon banks and insurance companies previously administered by the division of banking and insurance in the department of revenue and regulation, including the tax on foreign and domestic insurance companies, tax on foreign building and loan associations, deposit tax on savings banks, and deposit tax on trust companies;

 (3) To assess and collect the tax on pari-mutuel or auction mutuel betting, previously administered by the division of horse racing in the department of revenue and regulation; .

 (4) To collect the fees and to account for all funds relating to the registration of motor vehicles and the licensing of operators, previously administered by the division of motor vehicles in the department of revenue and regulation.

 

SECTION 11. Section 44-1-30 of the General Laws in Chapter 44-1 entitled "State Tax Officials" is hereby repealed.

 

44-1-30. Report by the tax administrator to the speaker of the house of representatives. -- The tax administrator shall periodically report to the speaker of the house of representatives on the adequacy of the estate tax exemption, the marital deduction, and the orphan's deduction provided in chapter 22 of title 44 in light of changing economic conditions and on the trends in death taxation at both the federal and state levels. The reports are due on January 31st of each fifth (5th) year after 1985.

 

SECTION 12. Sections 44-5-2, 44-5-11.7 and 44-5-69 of the General Laws in Chapter 44-5 entitled "Levy and Assessment of Local Taxes" are hereby amended to read as follows:

 

44-5-2. Maximum levy. -- (a) A city and town may levy a tax in an amount not more than five and one-half percent (5.5%) in excess of the amount levied and certified by that city or town for the prior year. The amount levied by a city or town is deemed to be consistent with the five and one-half percent (5.5%) levy growth cap if the tax rate is not more than one hundred and five and one-half percent (105.5%) of the prior year's tax rate and the budget resolution or ordinance, as applicable, specifies that the tax rate is not increasing by more than five and one-half percent (5.5%) except as specified in subsection (c) of this section. In all years when a revaluation or update is not being implemented, a tax rate is deemed to be one hundred five and one-half percent (105.5%) or less of the prior year's tax rate if the tax on a parcel of real property, the value of which is unchanged for purpose of taxation, is no more than one hundred five and one-half percent (105.5%) of the prior year's tax on the same parcel of real property. In any year when a revaluation or update is being implemented, the tax rate is deemed to be one hundred five and one-half percent (105.5%) of the prior year's tax rate as certified by the division of local government assistance in the department of administration.

 (b) The office of municipal affairs division of property valuation in the department of administration revenue shall monitor city and town compliance with this levy cap, issue periodic reports to the general assembly on compliance, and make recommendations on the continuation or modification of the levy cap on or before December 31, 1987, December 31, 1990, and December 31, every third year thereafter. The chief elected official in each city and town shall provide to the office of municipal affairs within thirty (30) days of final action, in the form required, the adopted tax levy and rate and other pertinent information.

 (c) The amount levied by a city or town may exceed the five and one-half percent (5.5%) increase as specified in subsection (a) of this section if the city or town qualifies under one or more of the following provisions:

 (1) The city or town forecasts or experiences a loss in total non-property tax revenues and the loss is certified by the department of administration.

 (2) The city or town experiences or anticipates an emergency situation, which causes or will cause the levy to exceed five and one-half percent (5.5%). In the event of an emergency or an anticipated emergency, the city or town shall notify the auditor general who shall certify the existence or anticipated existence of the emergency.

 (3) A city or town forecasts or experiences debt services expenditures which are more than one hundred five and one-half percent (105.5%) of the prior year's debt service expenditures and which are the result of bonded debt issued in a manner consistent with general law or a special act. In the event of the debt service increase, the city or town shall notify the department of administration which shall certify the debt service increase above one hundred five and one-half percent (105.5%) of the prior year's debt service. No action approving or disapproving exceeding a levy cap under the provisions of this section affects the requirement to pay obligations as described in subsection (d) of this section.

 (4) Any levy pursuant to subsection (c) of this section in excess of the five and one-half percent (5.5%) shall be approved by a majority vote of the governing body of the city or town or in the case of a city or town having a financial town meeting, the majority of the electors present and voting at the town financial meeting shall approve the excess levy.

 (d) Nothing contained in this section constrains the payment of present or future obligations as prescribed by section 45-12-1, and all taxable property in each city or town is subject to taxation without limitation as to rate or amount to pay general obligation bonds or notes of the city or town except as otherwise specifically provided by law or charter.

 

44-5-11.7. Permanent legislative oversight commission. -- (a) (1) There is created a permanent legislative commission on property taxation. The commission consists of the following members:

 (i) Chairperson of the house finance committee, or designee;

 (ii) Chairperson of the senate finance committee, or designee;

 (iii) Chief of the office of municipal affairs, or designee;

 (iv) The president of the league of cities and towns;

 (v) The executive director of the Rhode Island public expenditures council, or designee; and

 (vi) One member of the Rhode Island Assessors' Association.

(vii) Director of the property valuation within the department of revenue.

 (2) The commission at its first meeting shall elect a chairperson from its membership.

 (b) The purpose of the commission is to study and evaluate property tax related issues including, but not limited to:

 (1) Revaluation process;

 (2) Exemptions and classifications;

 (3) Uniform depreciation rates; and

 (4) Any other issues which the commission determines are relevant to the issue of property taxation.

 (c) The members shall receive no compensation for their services. All departments and agencies of the state shall furnish advice and information, documentary or otherwise to the commission and its agents as is deemed necessary or desirable by the commission to facilitate the purposes of the commission.

 (d) The commission shall meet no less than three (3) times per year and shall report its findings and recommendations to the general assembly on an annual basis.

 

44-5-69. Local fire districts -- Publication of property tax data. -- Every fire district authorized to assess and collect taxes on real and personal property in the several cities and towns in the state shall provide to the office of municipal affairs in the to the division of property valuation in the department of administration revenue information on tax rates, budgets, assessed valuations and other pertinent data upon forms provided by the office of municipal affairs. The information shall be included in the department's annual state report on local governmental finances and tax equalization.

 

SECTION 13. Section 44-13-13 of the General Laws in Chapter 44-13 entitled "Public Service Corporation Tax" is hereby amended to read as follows:

 

44-13-13. Taxation of certain tangible personal property. -- The lines, cables, conduits, ducts, pipes, machines and machinery, equipment, and other tangible personal property within this state of telegraph, cable, and telecommunications corporations and express corporations, used exclusively in the carrying on of the business of the corporation shall be exempt from local taxation; provided, that nothing in this section shall be construed to exempt any "community antenna television system company" (CATV) from local taxation; and provided, that the tangible personal property of companies exempted from local taxation by the provisions of this section shall be subject to taxation in the following manner:

 (1) Definitions. - Whenever used in this section and in sections 44-13-13.1 and 44-13-13.2, unless the context otherwise requires:

 (i) "Average assessment ratio" means the total assessed valuation as certified on tax rolls for the reference year divided by the full market value of the valuation as computed by the Rhode Island department of administration revenue in accordance with section 16-7-21;

 (ii) "Average property tax rate" means the statewide total property levy divided by the statewide total assessed valuation as certified on tax rolls for the most recent tax year;

 (iii) "Company" means any telegraph, cable, telecommunications, or express company doing business within the state of Rhode Island;

 (iv) "Department" means the department of administration  revenue;

 (v) "Population" shall mean the population as determined by the most recent census;

 (vi) "Reference year" means the calendar year two (2) years prior to the calendar year preceding that in which the tax payment provided for by this section is levied;

 (vii) "Value of tangible personal property" of companies means the net book value of tangible personal property of each company doing business in this state as computed by the department of administration revenue. "Net book value" means the original cost less accumulated depreciation; provided, that no tangible personal property shall be depreciated more than seventy-five percent (75%) of its original cost.

 (2) On or before March 1 of each year, each company shall declare to the department, on forms provided by the department, the value of its tangible personal property in the state of Rhode Island on the preceding December 31.

 (3) On or before April 1, 1982 and each April 1 thereafter of each year, the department division of property valuation shall certify to the tax administrator the average property tax rate, the average assessment ratio, and the value of tangible personal property of each company.

 (4) The tax administrator shall apply the average assessment ratio and the average tax rate to the value of tangible personal property of each company and, by April 15 of each year, shall notify the companies of the amount of tax due.

 (5) The tax shall be due and payable within sixty (60) days of the mailing of the notice by the tax administrator. If the entire tax is not paid to the tax administrator when due, there shall be added to the unpaid portion of the tax, and made a part of the tax, interest at the rate provided for in section 44-1-7 from the date the tax was due until the date of the payment. The amount of any tax, including interest, imposed by this section shall be a debt due from the company to the state, shall be recoverable at law in the same manner as other debts, and shall, until collected, constitute a lien upon all the company's property located in this state.

 (6) The proceeds from the tax shall be allocated in the following manner:

 (i) Payment of reasonable administrative expenses incurred by the department of administration revenue, not to exceed three quarters of one percent (.75%), the payment to be identified as general revenue and appropriated directly to the department;

 (ii) The remainder of the proceeds shall be deposited in a restricted revenue account and shall be apportioned to the cities and towns within this state on the basis of the ratio of the city or town population to the population of the state as a whole. Estimated revenues shall be distributed to cities and towns by July 30 and may be recorded as a receivable by each city and town for the prior fiscal year.

 

SECTION 14. Section 44-34-12 of the General Laws in Chapter 44-34 entitled "Excise on Motor Vehicles and Trailers" is hereby amended to read as follows:

 

44-34-12. Cooperation of state agencies. -- The department of administration shall provide space and secretarial and clerical services to the Rhode Island vehicle value commission without charge to the commission. The department of transportation, and the department of administration revenue shall provide, consistent with law, information that is in their possession, which the commission determines to be useful or necessary in the conduct of its responsibilities.

 

SECTION 15. Section 44-34.1-3 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:

 

44-34.1-3. Permanent oversight commission. -- (a) There is created a permanent oversight commission on inventory taxes and automobile excise taxes. The commission shall consist of the following members:

 (1) Chairperson of house finance committee, or designee;

 (2) Chairperson of senate finance committee, or designee;

 (3) Chairperson of the Rhode Island vehicle value commission;

 (4) Three (3) members of the Rhode Island Assessors Association;

 (5) Director of department of administration revenue, or designee;

 (6) Chief of the office of municipal affairs  division of property valuation, or designee;

 (7) The president of the Rhode Island League of Cities and Towns, or designee;

 (8) The administrator of the Rhode Island division of motor vehicles, or designee;

 (9) The mayor of the city of Providence, or designee.

 (b) The purpose of the commission shall be to study and evaluate the phase-out of the automobile excise tax and to establish procedures when necessary to facilitate the phase-out of the tax by July 1, 2005.

 (c) The commission, at its first meeting, shall elect a chairperson from its membership.

 (d) The commission shall meet no less than two (2) times per year at the call of the chairperson or upon the request of at least three (3) of its members.

 (e) The members shall receive no compensation for their services. All departments and agencies of the state shall furnish advice and information, documentary or otherwise, to the commission and its agents as is deemed necessary or desirable by the commission to facilitate the purposes of the commission.

 

SECTION 16. Section 44-48.1-1 of the General Laws in Chapter 44-48.1 entitled "Tax Expenditure Reporting" is hereby amended to read as follows:

 

44-48.1-1. Tax expenditure reporting. -- (a) On or before the second Tuesday in January of each even numbered year beginning in 2004, the state tax administrator, to the extent possible within the appropriations provided for the purpose chief of the office of revenue analysis, shall deliver a tax expenditure report to the general assembly. Each report will provide the minimum information for one hundred percent (100%) of tax expenditures in effect on January 1 of the calendar year preceding the report's publication.

 (b) For the purposes of this section, a "tax expenditure" is any tax credit, deduction, exemption, exclusion, credit preferential tax rate, tax abatement, and tax deferral that provides preferential treatment to selected taxpayers, whether directly through Rhode Island general laws or constitutional provisions or indirectly through adoption of other tax codes.

 (c) The information included for each tax expenditure shall include, but shall not be limited to:

 (1) The legal reference of the expenditures, including information whether the expenditure is required as a result of federal or state constitutional, judicial, or statutory mandate.

 (2) Amount of revenues forgone or an estimate, if the actual amount cannot be determined, for the calendar year immediately preceding the publication of the report. The report shall also include an estimate of revenue forgone for the calendar year in which the report is published and the year following the report's publication. The tax administrator shall develop an index of the reliability of each estimate using five (5) levels with level one being most reliable. Where actual tax returns are the source of the estimate, the estimate should be assigned reliability level one. Where no reliable data exists for the estimate, the estimate should be assigned reliability level five (5). The reliability level shall be reported for the estimate of the revenues forgone.

 (3) To the extent allowable by law, identification of the beneficiaries of the exemption by number, income, class and industry.

 (4) A comparison of the tax expenditure to the tax systems of the other New England states, with emphasis on Massachusetts and Connecticut.

 (5) The data source(s) and analysis methodology.

 (6) To the extent allowable by law, identification of similar taxpayers or industries that do not enjoy the exemption.

 (d) Each report shall include a section containing recommendations for improving the effectiveness of the report as a tax policy tool. This section shall identify the resources required to implement these recommendations and shall also contain an estimate of the costs associated with such recommendations.

 (e) On or before the second Tuesday in January 2004, the chief of the office of revenue analysis shall make available to the general assembly a plan to improve Rhode Island's tax expenditure reporting effort. The plan shall include measurable criteria to evaluate improvements in the reliability of tax expenditure item estimates and the identification of beneficiaries of each tax expenditure by number, income, class and industry. The plan shall also include cost estimates of additional resources necessary to implement the plan, and may include any other information that the tax administrator deems appropriate for inclusion in said plan.

 

SECTION 17. Section 44-58-3 of the General Laws in Chapter 44-58 entitled "Streamlined Sales Tax System" is hereby amended to read as follows:

 

44-58-3. "Tax administrator" defined. -- As used in this chapter, "tax administrator" means the tax administrator within the department of administration revenue as provided for in section 44-1-1  44-143-1.

 

SECTION 18. Sections 45-12-22.2 and 45-12-22.7 of the General Laws in Chapter 45-12 entitled "Indebtedness of Towns and Cities" are hereby amended to read as follows:

 

45-12-22.2. Monitoring of financial operations -- Corrective action. -- (a) The chief financial officer of each municipality and each school district within the state shall continuously monitor their financial operations by tracking actual versus budgeted revenue and expense.

 (b) The chief financial officer of the municipality shall submit a report on a monthly basis to the municipality's chief executive officer, each member of the city or town council, and school district committee certifying the status of the municipal budget including the school department budget or regional school district. The chief financial officer of the municipality shall also submit a report on a quarterly basis to the state office of municipal affairs division of property valuation certifying the status of the municipal budget. The chief financial officer of the school department or school district shall certify the status of the school district's budget and shall assist in the preparation of these reports. The monthly and quarterly reports shall be in a format prescribed by the state office of municipal affairs division of property valuation and the state auditor general. The reports shall contain a statement as to whether any actual or projected shortfalls in budget line items are expected to result in a year-end deficit, the projected impact on year-end financial results including all accruals and encumbrances, and how the municipality and school district plans to address any such shortfalls.

 (c) If any reports required under this section project a year-end deficit, the chief financial officer of the municipality shall submit to the state office of municipal affairs a corrective action plan no later than thirty (30) days after completion of the monthly budget analysis referred to in subsection (b) above, which provides for the avoidance of a year-end deficit. The plan may include recommendations as to whether an increase in property taxes and/or spending cuts should be adopted to eliminate the deficit. The plan shall include a legal opinion by municipal counsel that the proposed actions under the plan are permissible under federal, state, and local law. The state office of municipal affairs may rely on the written representations made by the municipality in the plan and will not be required to perform an audit.

 (d) If the state office of municipal affairs division of property valuation concludes the plan required hereunder is insufficient and/or fails to adequately address the financial condition of the municipality, the state office of municipal affairs division of property valuation can elect to pursue the remedies identified in section 45-12-22.7.

 (e) The reports required shall include the financial operations of any departments or funds of municipal government including the school department or the regional school district, notwithstanding the status of the entity as a separate legal body. This provision does not eliminate the additional requirements placed on local and regional school districts by sections 16-2-9(f) and 16-3-11(e)(3).

 

45-12-22.7. Enforcement and remedies. -- In the event that a municipality does not comply with the requirements of this law the state auditor general or state office of municipal affairs through the division or property valuation through the director of administration revenue may elect any or all of the following remedies:

 (1) Petition the superior court for mandatory injunctive relief seeking compliance with the provisions of this section. The superior court shall make a finding of fact as to whether there has been compliance with the provisions of this section. As herein before stated, the approval or disapproval of a plan shall be conclusive upon the court in making its finding as to compliance.

 (2) In the event a municipality fails to provide a year-end deficit elimination plan under section 45-12-22.3, such noncompliance shall allow for the implementation of a financial review commission pursuant to section 45-9-3.

 (3) Withholding of state aid. In the event that the state director of administration revenue with the concurrence of the auditor general elect to withhold state aid, said amounts shall be placed in a special account within the general fund. At such time the municipality comes into compliance with the reporting requirements of this section, said funds shall be released to the municipality by order of the state director of administration revenue and state auditor general.

 

SECTION 19. Title 42 of the General Laws entitled “State Affairs and Government” is hereby amended by adding thereto the following chapter:

 

CHAPTER 7.2

OFFICE OF HEALTH AND HUMAN SERVICES

 

42-7.2-1. Statement of Intent. -- The purpose of this Chapter is to develop a consumer-centered system of publicly-financed state administered health and human services that supports access to high quality services, protects the safety of the state’s most vulnerable citizens, and ensures the efficient use of all available resources by the five departments responsible for the health and human services programs serving all Rhode Islanders and providing direct assistance and support services to more than 250,000 individuals and families: the department of children, youth and families; the department of elderly affairs; the department of health; the department of human services; and the department of mental health, retardation and hospitals ,  collectively referred to within as  “departments”. It is recognized that the executive office of health and human services and the departments have undertaken a variety of initiatives to further this goal and that they share a commitment to continue to work in concert to preserve and promote each other’s unique missions while striving to attain better outcomes for all the people and communities they serve.  However, recent and expected changes in federal and state policies and funding priorities that affect the financing, organization, and delivery of health and human services programs pose new challenges and opportunities that have created an even greater need for structured and formal interdepartmental cooperation and collaboration.  To meet this need while continuing to build on the achievements that have already been made,  the interests of all Rhode Islanders will best be served by codifying in the state’s general laws the purposes and responsibilities of the executive office of health and human services and the position of secretary of health and human services. 

 

42.7.2-2.  Executive Office of Health and Human Services. --  There is hereby established within the executive branch of state government an executive office of health and human services.  This office shall lead the state’s five health and human services departments in order to:

(a) Improve the economy, efficiency, coordination, and quality of health and human services policy and planning, budgeting and financing.

(b) Design strategies and implement best practices that foster service access, consumer safety and positive outcomes.

(c) Maximize and leverage funds from all available public and private sources, including federal financial participation, grants and awards.

(d) Increase public confidence by conducting independent reviews of health and human services issues in order to promote accountability and coordination across departments.

(e) Ensure that state health and human services policies and programs are responsive to changing consumer needs and to the network of community providers that deliver assistive services and supports on their behalf.

 

42-7.2-3. Secretary of health and human services -- Appointment. — The executive office of health and human services shall be administered by a secretary of health and human services, hereafter referred to as “secretary”.  The position of secretary is hereby created in the unclassified service. The secretary shall be appointed by the governor, and shall be subject to advice and consent of the senate. The secretary shall hold office at the pleasure of the governor and until a successor is appointed and qualified. Before entering upon the discharge of duties, the secretary shall take an oath to faithfully execute the duties of the office. 

 

 42-7.2-4. Responsibilities of the secretary. -- (a) The secretary shall be responsible to the governor for supervising the executive office of health and human services and for providing strategic leadership and direction to the five departments.      

(b) Notwithstanding the provisions set forth in this chapter, the governor shall appoint the directors of the departments within the executive office of health and human services.  Directors appointed to those departments shall continue to be subject to the advice and consent of the senate and shall continue to hold office as set forth in §§ 42-6-1 et seq. and 42-72-1(c).

 

42-7.2-5. Duties of the secretary. --  The secretary shall be authorized to: 

(a) Coordinate the administration and financing of health care benefits, human services and programs including those authorized by the Medicaid State Plan under Title XIX of the US Social Security Act. However, nothing in this section shall be construed as transferring to the secretary the powers, duties or functions conferred upon the departments by Rhode Island public and general laws for the administration of federal/state programs financed in whole or in part with Medicaid funds or the administrative responsibility for the preparation and submission of any state plans, state plan amendments, or authorized federal waiver applications.

(b) Serve as the governor’s chief advisor and liaison to federal policymakers on Medicaid reform issues as well as the principal point of contact in the state on any such related matters.

(c) Review and ensure the coordination of any new departmental waiver requests and renewals as well as any initiatives and proposals requiring amendments to the Medicaid state plan with the potential to affect the scope, amount or duration of publicly-funded health care services, provider payments or reimbursements, or access to or the availability of benefits and services as provided by Rhode Island general and public laws. The secretary shall consider whether any such waivers or amendments are legally and fiscally sound and consistent with the state’s policy and budget priorities. The secretary shall also assess whether a proposed waiver or amendment is capable of obtaining the necessary approvals from federal officials and achieving the expected positive consumer outcomes. Department directors shall, within the timelines specified, provide any information and resources the secretary deems necessary in order to perform the reviews authorized in this section; 

(d) Beginning in 2006, prepare and submit to the governor and to the joint legislative committee for health care oversight, by no later than December 1 of each year, a comprehensive overview of all Medicaid expenditures included in the annual budgets developed by the departments. . The directors of the departments shall assist and cooperate with the secretary in fulfilling this responsibility by providing whatever resources, information and support shall be necessary.

(e) Resolve administrative, jurisdictional, operational, program, or policy conflicts among departments and their executive staffs and make necessary recommendations to the governor.

(f) Assure continued progress toward improving the quality, the economy and efficiency of state-administered health and human services. In this capacity, the secretary shall:

(1) Oversee implementation of reforms in the human resources practices of the departments that streamline and upgrade services, achieve greater economies of scale and establish the coordinated system of the staff education, cross- training, and career development services necessary to recruit and retain a highly-skilled, responsive, and engaged health and human services workforce;

(2) Encourage the departments to utilize consumer-centered approaches to service design and delivery that expand their capacity to respond efficiently and responsibly to the diverse and changing needs of the people and communities they serve;

(3) Develop all opportunities to maximize resources by leveraging the state’s purchasing power, centralizing and standardizing contractual services, pursuing alternative funding sources through grants, awards and partnerships and securing all available federal financial participation for programs and services provided through the departments;

(g) Ensure preparation of a coordinated comprehensive budget for the health and human services departments;

(h) Improve the ability of departments to utilize objective data to evaluate health and human services policy goals, resource use and outcome evaluation and to perform short and long-term policy planning and development.

(i) Foster the establishment of an integrated approach to interdepartmental information and data management that will facilitate the transition to consumer-centered system of state administered health and human services.

(j) At the direction of the governor or the general assembly, conduct independent reviews of state-administered health and human services programs, policies and related agency actions and activities and assist the department directors in identifying strategies to address any issues or areas of concern that may emerge thereof. The department directors shall provide any information and assistance deemed necessary by the secretary when undertaking such independent reviews.

(k) Provide regular and timely reports to the governor and make recommendations with respect to the state’s health and human services agenda.

(1) Employ such personnel and contract for such consulting services as may be required to perform the powers and duties lawfully conferred upon the secretary.

(m) Implement the provisions of any general or public law or regulation related to the disclosure, confidentiality and privacy of any information or records, in the possession or under the control of the executive office or the departments assigned to the executive office, that may be developed or acquired for purposes directly connected with the secretary’s duties set forth herein.

 

42-7.2-6. Departments assigned to the executive office -- Powers and duties. --   (a) The departments assigned to the secretary shall:

(1) Exercise their respective powers and duties in accordance with their statutory authority and the general policy established by the governor or by the secretary acting on behalf of the governor or in accordance with the powers and authorities conferred upon the secretary by this chapter;

(2) Provide such assistance or resources as may be requested or required by the governor and/or the secretary; and

(3) Provide such records and information as may be requested or required by the governor and/or the secretary to the extent allowed under the provisions of any applicable general or public law, regulation, or agreement relating to the confidentiality, privacy or disclosure of such records or information.

(b) Except as provided herein, no provision of this chapter or application thereof shall be construed to limit or otherwise restrict the department of children, youth and families, the department of elderly affairs, the department of health, the department of human services, and the department of mental health, retardation and hospitals from fulfilling any statutory requirement or complying with any valid rule or regulation.

 

42-7.2-7. Independent advisory council – Purposes. --  (a) The secretary shall establish an independent advisory council, hereafter referred to as “advisory council” composed of representatives of the network of health and human services providers, the communities the departments serve, state and local policy makers and any other stakeholders or consumers interested in improving access to high quality health and human services.

(b) The advisory council shall assist the secretary in identifying: issues of concern and priorities in the organization and/or delivery of services; areas where there is need for interdepartmental collaboration and cooperation; and opportunities for building sustainable and effective public-private partnerships that support the missions of the departments. The advisory council shall also provide guidance to the secretary in developing a plan to further the purposes of the executive office and assist the departments in meeting their unique missions and shared responsibilities.

(c) With the assistance of the department directors, the secretary shall hold health and human services forums and open meetings that encourage community, consumer and stakeholder input on health and human services issues, proposals and activities and actions of the executive office that have been identified by the advisory council as areas of concern or important policy priorities or opportunities for the state.

 

42-7.2-8.  Assignment and reassignment of advisory bodies. --  The governor may, by executive order, reassign any advisory bodies, boards, or commissions associated or affiliated with the departments to the secretary of health and human services or assign any such entities that may be created.

 

42-7.2-9.  Appointment of employees. – The secretary, subject to the provisions of applicable state law, shall be the appointing authority for all employees of the executive office of health and human services.  The secretary may assign this function to such subordinate officers and employees of the executive office as may to him or her seem feasible or desirable. The appointing authority of the secretary provided for herein shall not affect, interfere with, limit, or otherwise restrict the appointing authority vested in the directors for the employees of the departments under applicable general and public laws.

 

42-7.2-10. Appropriations and disbursements. – The general assembly shall annually appropriate such sums as it may deem necessary for the purpose of carrying out the provisions of this chapter. The state controller is hereby authorized and directed to draw his orders upon the general treasurer for the payment of such sum or sums, or so much thereof as may from time to time be required, upon receipt by him or her of proper vouchers approved by the secretary of the executive office of health and human services, or his or her designee.

 

42-7.2-11. Rules and regulations. -- The executive office of health and human services shall be deemed an agency for purposes of § 42-35-1, et seq. of the Rhode Island general laws. The secretary shall make and promulgate such rules and regulations, fee schedules not inconsistent with state law and fiscal policies and procedures as he or she deems necessary for the proper administration of this chapter and to carry out the policy and purposes thereof.

 

42-7.2-12. Medicaid program study. – The secretary of the executive office of health and human services shall conduct a study of the Medicaid programs administered by state to review and analyze the options available for reducing or stabilizing the level of uninsured Rhode Islanders and containing Medicaid spending. As part of this process, the study shall consider the flexibility afforded the state under the federal Deficit Reduction Act of 2006 and any other changes in federal Medicaid policy or program requirements occurring on or before December 31, 2006, as well as the various approaches proposed and/or adopted by other states through federal waivers, state plan amendments, public-private partnerships, and other initiatives. In exploring these options, the study shall examine fully the overall administrative efficiency of each program for children and families, elders and adults with disabilities and any such factors that may affect access and/or cost including, but not limited to, coverage groups, benefits, delivery systems, and applicable cost-sharing requirements. The secretary shall ensure that the study focuses broadly on the Medicaid programs administered by all five of the state's five health and human services departments, irrespective of the source or manner in which funds are budgeted or allocated. The directors of the departments shall cooperate with the secretary in preparing this study and provide any information and/or resources the secretary deems necessary to assess fully the short and long-term implications of the options under review both for the state and the people and the communities the departments serve. The secretary shall submit a report and recommendations based on the findings of the study to the general assembly and the governor no later than March 1, 2007.

 

42-7.2-12.1 Human Services Call Center Study (211). --  The secretary of the executive office of health and human services shall conduct a feasibility and impact study of the potential to implement a statewide 211 human services call center and hotline. As part of the process, the study shall catalog existing human service information hotlines in Rhode Island, including, but not limited to, state-operated call centers and private and not-for-profit information hotlines within the state. The study shall include analysis of whether consolidation of some or all call centers into a centralized 211 human services information hotline would be economically and practically advantageous for both the public users and agencies that currently operate separate systems. The study shall include projected cost estimates for any recommended actions, including estimates of cost additions or savings to private service providers. The directors of all state departments and agencies shall cooperate with the secretary in preparing this study and provide any information and/or resources the secretary deems necessary to assess fully the short and long-term implications of the operations under review both for the state and the people and the communities the departments serve. The secretary shall submit a report and recommendations based on the findings of the study to the general assembly, the governor, and the house and senate fiscal advisors no later than February 1, 2007.

 

42-7.2-13. Severability. – If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not effect other provisions or applications of the chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

 

42-7.2-14. Cooperation of other state executive branch agencies.  As may be appropriate from time to time,  the departments and other agencies of the state of the executive branch that have not been assigned to the executive office of health and human services under this chapter shall assist and cooperate with the executive office as may be required by the governor requested by the secretary.

 

42-7.2-15. Applicability. -- Nothing in this chapter shall change, transfer or interfere with, or limit or otherwise restrict the general assembly’s sole authority to appropriate and re-appropriate fiscal resources to the departments; the statutory or regulatory duties of the directors of the departments, or the appointing authority for the employees of the departments vested in the directors under applicable general and public laws.

 

SECTION 20.  Section 36-4-2 of the General Laws in Chapter 36-4 entitled “Merit System” is hereby amended to read as follows:

 

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

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

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

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

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

(5) The following specific offices:

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

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

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

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

(v) In the department of health: director;

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

(vii) In the department of environmental management: director;

(viii) In the department of transportation: director;

(ix) In the department of human services: director;

(x) In the state properties committee: secretary;

(xi) In the workers' compensation court: judges, administrator, deputy administrator, clerk, assistant clerk, clerk secretary;

(xii) In the department of elderly affairs: director;

(xiii) In the department of mental health, retardation, and hospitals: director;

(xiv) In the department of corrections: director, assistant director (institutions/operations), assistant director (rehabilitative services), assistant director (administration), and wardens;

(xv) In the department of children, youth and families: director, one assistant director, one associate director, and one executive director;

(xvi) In the public utilities commission: public utilities administrator;

(xvii) In the water resources board: general manager;

(xviii) In the human resources investment council: executive director.

(xix) In the office of health and human services: secretary of health and human services.

(6) Chief of the hoisting engineers, licensing division, and his or her employees; executive director of the veterans memorial building and his or her clerical employees.

(7) One confidential stenographic secretary for each director of a department and each board and commission appointed by the governor.

(8) Special counsel, special prosecutors, regular and special assistants appointed by the attorney general, the public defender and employees of his or her office, and members of the Rhode Island bar occupying a position in the state service as legal counsel to any appointing authority.

(9) The academic and/or commercial teaching staffs of all state institution schools, with the exception of those institutions under the jurisdiction of the board of regents for elementary and secondary education and the board of governors for higher education.

(10) Members of the military or naval forces, when entering or while engaged in the military or naval service.

(11) Judges, referees, receivers, clerks, assistant clerks, and clerical assistants of the supreme, superior, family, and district courts, the traffic tribunal, jurors and any persons appointed by any court.

(12) Election officials and employees.

(13) Administrator, executive high sheriff, sheriffs, chief deputy sheriffs, deputy sheriffs, and other employees of the sheriff's division within the department of administration and security officers of the traffic tribunal.

(14) Patient or inmate help in state charitable, penal, and correctional institutions and religious instructors of these institutions and student nurses in training, residents in psychiatry in training, and clinical clerks in temporary training at the institute of mental health within the state of Rhode Island medical center.

(15) Persons employed to make or conduct a temporary and special inquiry, investigation, project or examination on behalf of the legislature or a committee therefor, or on behalf of any other agency of the state if the inclusion of these persons in the unclassified service is approved by the personnel administrator. The personnel administrator shall notify the house fiscal advisor and the senate fiscal advisor whenever he or she approves the inclusion of a person in the unclassified service.

(ii) The duration of the appointment of a person, other than the persons enumerated in this section, shall not exceed ninety (90) days or until presented to the department of administration. The department of administration may extend the appointment another ninety (90) days. In no event shall the appointment extend beyond one hundred eighty (180) days.

(16) Members of the division of state police.

(17) Executive secretary of the Blackstone Valley district commission.

(18) Artist and curator of state owned art objects.

(19) Mental health advocate.

(20) Child advocate.

(21) The position of aquaculture coordinator and dredge coordinator within the coastal resources management council.

(22) Employees of the office of the health insurance commissioner.

 

SECTION 21.  Section 42-11-2 of the General Laws in Chapter 42-11 entitled “Department of Administration” is hereby amended to read as follows:

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) Name of lessor;

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

(3) Cost of the lease;

(4) Amount paid to date;

(5) Date initiated;

(6) Date covered by the lease.

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

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

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

(gg) To operate a statewide child support enforcement program in accordance with title IV-D of the Social Security Act and under title 15 of the Rhode Island general laws.

(hh) To encourage municipalities, school districts, and quasi-public agencies to achieve cost savings in health insurance, purchasing, or energy usage by participating in state contracts, or by entering into collaborative agreements with other municipalities, districts, or agencies.  To assist in determining whether the benefit levels including employee cost sharing and unit costs of such benefits and costs are excessive relative to other municipalities, districts, or quasi-public agencies as compared with state benefit levels and costs.

 

SECTION 22. Chapter 37-2 of the General Laws entitled “State Purchases” is hereby amended by adding thereto the following section:

 

37-2-59.1. Establishment of the Rhode Island Strategic Purchasing Advisory Commission. -- In order to provide a means of collaboration between the state, cities/towns and school committees a permanent advisory commission is established named the “Rhode Island Strategic Purchasing Advisory Commission.”  This Advisory Commission will consist of nine (9) members including; : (1) the state purchasing agent or his or her designee, who will serve as chair, (2) a designee of the board of regents of the Rhode Island department of elementary and secondary education, (3) a designee of the board of governors of higher education; ,(4) a designee of the Rhode Island School Committees Association; , (5) a designee of the Rhode Island League of Cities and Towns; , (6) a designee of the Association of School Business Officials; , (7) a designee of the Rhode Island Municipal Purchasing Agents Association, (8) a designee of the Rhode Island economic development corporation and; , (9) a designee of the state budget officer.

 

SECTION 23. Section 37-6-2 of the General Laws in Chapter 37-6 entitled "Acquisition of Land" is hereby amended to read as follows:

 

37-6-2. Rules, regulations, and procedures of committee. -- (a) The state properties committee is hereby authorized and empowered to adopt and prescribe rules of procedure and regulations, and from time to time amend, change, and eliminate rules and regulations, and make such orders and perform such actions as it may deem necessary to the proper administration of this chapter and sections 37-7-1 -- 37-7-9. In the performance of the commission's duties hereunder, the commission may in any particular case prescribe a variation in procedure or regulation when it shall deem it necessary in view of the exigencies of the case and the importance of speedy action in order to carry out the intent and purpose of this chapter and sections 37-7-1 -- 37-7-9. The commission shall file written notice thereof in the office of the secretary of state. All filings shall be available for public inspection.

 (b) The following siting criteria shall be utilized whenever current existing leases expire or additional office space is needed:

 (1) A preference shall be given to sites designated as enterprise zone census tracts pursuant to chapter 64.3 of title 42, or in blighted and/or substandard areas pursuant to section 45-31-8, or in downtown commercial areas where it can be shown the facilities would make a significant impact on the economic vitality of the community's central business district;

 (2) Consideration should be given to adequate access via public transportation for both employees as well as the public being served, and, where appropriate, adequate parking;

 (3) A site must be consistent with the respective community's local comprehensive plan; and

 (4) The division of planning within the department of administration shall be included in the evaluation of all future lease proposals.

 (c) The state properties committee shall explain, in writing, how each site selected by the committee for a state facility meets the criteria described in subsection (b) of this section.

(d) For any lease, rental agreement or extension of an existing rental agreement for leased office and operating space which carries a term of five (5) years or longer, including any options or extensions that bring the total term to five (5) years or longer, where the state is the tenant and the aggregate rent of the terms exceeds five hundred thousand dollars ($500,000) the state properties committee shall request approval of the general assembly prior to entering into any new agreements or signing any extensions with existing landlords. The state properties committee, in the form of a resolution, shall provide information relating to the purpose of the lease or rental agreement, the agency's current lease or rental costs, the expiration date of any present lease or rental agreement, the range of costs of a new lease or rental agreement, the proposed term of a new agreement, and the location and owner of the desired property.

 

SECTION 24. This article shall take effect upon passage.

 

 

ARTICLE 39 SUBSTITUTE A

 

Relating To Rules and Regulations -- Funding Required

 

SECTION 1. Section 22-12-1.1 of the General Laws in Chapter 22-12 entitled "Fiscal Notes" is hereby amended to read as follows:

 

22-12-1.1. Fiscal notes for administrative rules. -- Whenever a state department or agency proposes to adopt administrative rules in accordance with the provisions of chapter 35 of title 42, which rules affect the state or any city or town financially, the proposed rules shall be accompanied by a fiscal note. prepared by the department or agency in consultation and cooperation with the department of administration and the Rhode Island League of Cities and Towns. The budget officer shall be responsible, in cooperation with these agencies, for the preparation of the fiscal note, except that the department of administration, in consultation and cooperation with the Rhode Island League of Cities and Towns, shall be responsible for the preparation of the fiscal note for bills affecting cities and towns. Fiscal notes shall be returned to the state department or agency proposing to adopt administrative rules within ten (10) calendar days of when the request was made. Copies of all fiscal notes for administrative rules shall be forwarded to the chairperson of the house finance committee, the chairperson of the senate finance committee, house fiscal advisor and senate fiscal advisor.

 

SECTION 2. Section 45-13-7 of the General Laws in Chapter 45-13 entitled "State Aid" is hereby amended to read as follows:

 

45-13-7. State mandated costs defined. -- "State mandate" means any state initiated statutory or executive action that requires a local government to establish, expand, or modify its activities in a way as to necessitate additional expenditures from local revenue sources where the expenditures are not otherwise reimbursed in whole or in part. For the purpose of this chapter, a "state mandate" shall also mean any requirement, rule, or dictate by a regulator of a state agency. When state statutory, or executive, or regulator actions are intended to achieve compliance with federal statutes or regulations or court orders, state mandates shall be determined as follows:

 (1) Where the federal statute or regulations or court order is discretionary, the state statutory, or executive, or regulator  action shall be considered a state mandate for the purposes of sections 45-13-7 -- 45-13-10.

 (2) Where the state statutory, or executive, or regulator action exceeds what is required by the federal statute or regulation or court order, only the provisions of the state action which exceed the federal requirements shall be considered a state mandate for the purposes of sections 45-13-7 -- 45-13-10.

 (3) Where the state statutory, or executive, or regulator action does not exceed what is required by the federal statute or regulation or court order, the state action shall not be considered a state mandate for the purposes of sections 45-13-7 -- 45-13-10.

 (4) Where the cost of a single state mandate does not exceed the sum of five hundred dollars ($500) the state mandate shall not be reimbursable.

 

SECTION 3. Chapter 45-13 of the General Laws entitled  "State Aid" is hereby amended by adding thereto the following sections:

 

45-13-9.1. Future mandates. – No mandate shall be enacted or promulgated after July 1, 2006, unless the body enacting or promulgating the same shall first, after public hearing, determine the cost of the proposed mandate to the city, town or school districts of the state. Any rule, regulation or policy adopted by state departments, agencies or quasi-state departments or agencies which require any new expenditure of money or increased expenditure of money by a city, town or school district shall take effect on July 1 of the calendar year following the year of adoption. Provided, however, should funding be provided for the said expenditure, then such rule, regulation or policy shall take effect upon adoption.

 

45-13-9.2. Postponement of effective date. – Whenever it shall be determined by the governor that the postponement of the effective date of rules, regulations or policies of state departments, agencies or quasi-state departments or agencies, shall cause an emergency situation which imperils the public's safety or public's health, the governor may by executive order suspend the operation of, in whole or in part, section 45-13-9.1 and such order shall remain in effect until it is rescinded by a subsequent executive order.

 

SECTION 4. This article  shall take effect upon passage.

 

ARTICLE 40 SUBSTITUTE A AS AMENDED

 

RELATING TO MEDICAL ASSISTANCE -- OPTIONAL ELIGIBILITY

 

SECTION 1. Section 40-8-1 of the General Laws in Chapter 40-8 entitled "Medical Assistance” is hereby amended to read as follows:

 

§ 40-8-1. Declaration of policy. -- (a) Whereas, in the state of Rhode Island there are many persons who do not have sufficient income and resources to meet the cost of medical care and who, except for income and resource requirements, would be eligible for aid or assistance under § 40-5.1-9 or 40-6-27; and

(b) Whereas, it is in the best interest of all the citizens of this state to promote the welfare of persons with the characteristics of persons eligible to receive public assistance and ensure that they will receive adequate medical care and treatment in time of need;

(c) Now, therefore, it is declared to be the policy of this state to provide medical assistance for those persons in this state who possess the characteristics of persons receiving public assistance under the provisions of § 40-5.1-9 or 40-6-27, and who do not have the income and resources to provide it for themselves or who can do so only at great financial sacrifice. Provided, further, that medical assistance, except as provided in subsection (d), must qualify for federal financial participation pursuant to the provisions of title XIX of the federal Social Security Act, 42 U.S.C. § 1396 et seq., as such provisions apply to medically needy only applicants and recipients.

(d) Medical assistance shall be provided under this chapter without regard to the availability of federal financial participation: (1) to a person who does not meet the citizenship or alienage criteria under title XIX of the Social Security Act [42 U.S.C. § 1396 et seq.] and who was lawfully residing in the United States before August 22, 1996 and who was a resident of this state prior to July 1, 1997; and (2) to a non-citizen child who was lawfully admitted for permanent residence on or after August 22, 1996 or who first becomes otherwise entitled to reside in the United States on or after August 22, 1996 and is receiving medical assistance on or before December 31, 2006; and provided, however, that such person meets all other eligibility requirements under this chapter or under title XIX of the Social Security Act.

 

SECTION 2.  Sections 42-12.3-4 and 42-12.3-15 of the General Laws in Chapter 42-12.3 entitled "Health Care for Children and Pregnant Women” are hereby amended to read as follows:

 

§ 42-12.3-4. "RIte track" program. -- There is hereby established a payor of last resort program for comprehensive health care for children until they reach nineteen (19) years of age, to be known as "RIte track". The department of human services is hereby authorized to amend its title XIX state plan pursuant to title XIX [42 U.S.C. § 1396 et seq.] of the Social Security Act to provide for expanded medicaid coverage through expanded family income disregards for children, until they reach nineteen (19) years of age, whose family income levels are up to two hundred fifty percent (250%) of the federal poverty level; provided, however, that health care coverage under this section shall also be provided without regard to the availability of federal financial participation to a noncitizen child lawfully residing in the United States and to a noncitizen child residing in Rhode Island, provided that the child satisfies all other eligibility requirements and is receiving medical assistance on or before December 31, 2006. The department is further authorized to promulgate any regulations necessary, and in accord with title XIX [42 U.S.C. § 1396 et seq.] of the Social Security Act to implement the state plan amendment. For those children who lack health insurance, and whose family incomes are in excess of two hundred fifty percent (250%) of the federal poverty level, the department of human services shall promulgate necessary regulations to implement the program. The department of human services is further directed to ascertain and promulgate the scope of services that will be available to those children whose family income exceeds the maximum family income specified in the approved title XIX [42 U.S.C. section 1396 et seq.] state plan amendment.

 

§ 42-12.3-15. Expansion of RIte track program. --  The Department of Human Services is hereby authorized and directed to submit to the United States Department of Health and Human Services an amendment to the "RIte Care" waiver project number 11-W-0004/1-01 to provide for expanded medicaid coverage for children until they reach eight (8) years of age, whose family income levels are up to two hundred fifty percent (250%) of the federal poverty level. Expansion of the RIte track program from the age of six (6) until they reach eighteen (18) years of age in accordance with this chapter shall be subject to the approval of the amended waiver by the United States Department of Health and Human Services. Health care coverage under this section shall also be provided without regard to the availability of federal financial participation: (1) to a non-citizen child lawfully residing in the United States provided such child satisfies all other eligibility requirements and is receiving medical assistance on or before December 31, 2006.

 

SECTION 3. This article shall take effect on December 31, 2006.

 

ARTICLE 41 SUBSTITUTE A

 

Relating To Effective Date

 

SECTION 1. This act shall take effect July 1, 2006, except as otherwise provided herein.

In articles where it is provided that the effective date shall be either "July 1, 2006", or "upon passage", and no provision is made for retroactive or prospective application, the effective date shall be July 1, 2006, and if the article is approved after July 1, 2006, then the article shall be retroactive to July 1, 2006.

In articles where it is provided that the effective date shall be either "July 1, 2006" or "upon passage" and provision is made within the article for retroactive or prospective application, the article shall take effect on July 1, 2006 and its application made retroactive or prospective as set forth in the article.

SECTION 2. This article shall take effect upon passage.