Chapter 073

2007 -- H 5300 SUBSTITUTE A AS AMENDED

Enacted 06/21/07

 

A N A C T

MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2008

          

     Introduced By: Representatives Watson, Gorham, McManus, Story, and Ehrhardt

     Date Introduced: February 01, 2007

 

  It is enacted by the General Assembly as follows:

 

     ARTICLE 1 RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2008

     ARTICLE 2 RELATING TO BORROWING IN ANTICIPATION OF RECEIPTS FROM TAXES

     ARTICLE 3 RELATING TO GOVERNMENT REORGANIZATION

     ARTICLE 4 RELATING TO E-911 EMERGENCY TELEPHONE SYSTEM

     ARTICLE 5 RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS

     ARTICLE 6 RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2007

     ARTICLE 7 RELATING TO TAXATION

     ARTICLE 8 RELATING TO PUBLIC FINANCE – STATE BUDGET

     ARTICLE 9 RELATING TO EDUCATION BENEFITS FOR NATIONAL GUARD MEMBERS

     ARTICLE 10 RELATING TO RESTRICTED RECEIPT ACCOUNTS

     ARTICLE 11 RELATING TO HOSPITAL AND OTHER MEDICAL FACILITIES AND SERVICES

     ARTICLE 12 RELATING TO NURSING FACILITIES

     ARTICLE 13 RELATING TO HOSPITAL PAYMENTS

     ARTICLE 14 RELATING TO MEDICAL ASSISTANCE – LONG-TERM CARE SERVICE AND FINANCE   

          REFORM

     ARTICLE 15 RELATING TO CHILD CARE – STATE SUBSIDIES

     ARTICLE 16 RELATING TO FINANCIAL INSTITUTIONS – LICENSED ACTIVITIES

     ARTICLE 17 RELATING TO HUMAN SERVICES - PHARMACEUTICALS

     ARTICLE 18 RELATING TO PROGRAM INTEGRITY

     ARTICLE 19 RELATING TO HOSPITAL UNCOMPENSATED CARE

     ARTICLE 20 RELATING TO CHILD CARE ELIGIBILITY

     ARTICLE 21 RELATING TO EDUCATION AID

     ARTICLE 22 RELATING TO DELINQUENT AND DEPENDENT CHILDREN

     ARTICLE 23 RELATING TO GENERAL PUBLIC ASSISTANCE -- HARDSHIP

     ARTICLE 24 RELATING TO LICENSING OF ADULT DAY PROGRAMS

     ARTICLE 25 RELATING TO STATE AID

     ARTICLE 26 RELATING TO MOTOR AND OTHER VEHICLES

     ARTICLE 27 RELATING TO SALES TAX EXEMPTION

     ARTICLE 28 RELATING TO EXCESS INSURER PROFITS AND ADMINISTRATIVE

          COSTS

     ARTICLE 29 RELATING TO MOTOR AND OTHER VEHICLES

     ARTICLE 30 RELATING TO BAYS, RIVERS, AND WATERSHED COORDINATION

          TEAM

     ARTICLE 31 RELATING TO MUNICIPAL TIPPING FEES

     ARTICLE 32 RELATING TO CONTRACTOR’S REGISTRATION FEES

     ARTICLE 33 RELATING TO FIRE SAFETY FEES

     ARTICLE 34 RELATING TO MOTOR VEHICLE EMISSIONS INSPECTION PROGRAM

     ARTICLE 35 RELATING TO ADJUDICATION OF TRAFFIC OFFENSES

     ARTICLE 36 RELATING TO HISTORICAL RECORDS TRUST FEES

     ARTICLE 37 RELATING TO UNCLAIMED PROPERTY

     ARTICLE 38 RELATING TO PESTICIDE REGISTRATION SURCHARGE FEES

     ARTICLE 39 RELATING TO DEPARTMENT OF HEALTH FEES

     ARTICLE 40 RELATING TO TOBACCO SETTLEMENT FINANCING CORPORATION

     ARTICLE 41 RELATING TO MUTUEL BETTING AND LICENSE FEES

     ARTICLE 42 RELATING TO PRIVATIZATION OF STATE SERVICES

     ARTICLE 43 RELATING TO FARM TO SCHOOL INCOME TAX CREDIT

     ARTICLE 44 RELATING TO EFFECTIVE DATE

     

ARTICLE 1 SUBSTITUTE A AS AMENDED

RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2008

 

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, 2008.  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                                                                                                       1,549,780

             Federal Funds                                                                                                               238,173

                           Total - Central Management                                                                          1,787,953

Legal Services

             General Revenues                                                                                                       1,836,817

             Legal Support/DOT                                                                                                      122,057

                           Total – Legal Services                                                                                   1,958,874

Accounts and Control General Revenues                                                                                3,252,968

Budgeting General Revenues                                                                                                   2,090,800

Purchasing General Revenues                                                                                                 2,398,789

Auditing General Revenues                                                                                                     1,792,239

Human Resources

             General Revenues                                                                                                     10,067,133

              Federal Funds                                                                                                           2,065,791

             Restricted Receipts                                                                                                        577,637

             Other Funds                                                                                                                  793,282

                           Total - Human Resources                                                                            13,503,843

Personnel Appeal Board General Revenues                                                                                 96,793

Facilities Management

             General Revenues                                                                                                     36,055,887

             Federal Funds                                                                                                            7,214,065

             Restricted Receipts                                                                                                     1,137,677

             State Fleet Replacement Restricted Receipts                                                               6,350,000

             The State Fleet Replacement restricted receipt account is hereby established, notwithstanding the provisions of Section 34-4-27 of the General Laws, for the purposes of purchasing vehicles for state agencies. The Department of Administration shall adopt rules and regulations for the use of these funds and submit them to the Assembly no later than November 1, 2007.

             Other Funds                                                                                                                  555,116

                           Total – Facilities Management                                                                     51,312,745

Capital Projects and Property Management General Revenues                                            3,748,880

Information Technology

             General Revenues                                                                                                     17,650,147

             Federal Funds                                                                                                            7,389,800

             Restricted Receipts                                                                                                     1,422,572

             Other Funds                                                                                                               1,403,499

                           Total – Information Technology                                                                   27,866,018

Library and Information Services

             General Revenues                                                                                                       1,100,791

             Federal Funds                                                                                                            1,084,437

             Restricted Receipts                                                                                                            2,000

                           Total – Library and Information Services                                                       2,187,228

Planning

             General Revenues                                                                                                       3,792,553

             Federal Funds                                                                                                            9,330,126

             Intermodal Surface Transportation Funds

                           Federal Highway - PL Systems Planning                                                        1,689,264

                           Air Quality Modeling                                                                                          20,800

                           Total - Planning                                                                                           14,832,743

Security Services General Revenues                                                                                      19,932,620

General

             General Revenues

                           Miscellaneous Grants                                                                                       660,912

                           Torts – Court                                                                                                   400,000

                           Convention Center                                                                                      12,500,000

             Provided that the funds shall be provided to the Rhode Island Convention Center Authority at the times and in the amounts determined to be necessary by the State Budget Officer; and provided further, that $500,000 is reserved to fund expenses related to the relocation of the Providence War Memorial to LaSalle Square, or in the alternative, the Dunkin Donuts Center. Any funds remaining from this relocation project may be used to complete the renovation of the Dunkin Donuts Center, if needed.

                           Teachers Retiree Health Subsidy                                                                   1,442,024

                           Economic Development Corporation Grant                                                    7,694,121

                           EDC – RI Airport Corporation Impact                                                          1,004,520

                           Economic Policy Council                                                                                  300,000

                           Slater Centers of Excellence                                                                          3,000,000

                           EDC EPScore                                                                                              1,500,000

                           Police/Fire Incentive Pay                                                                                  675,000

                           Motor Vehicle Excise Tax Payment                                                           135,500,042

                           Property Valuation                                                                                        1,100,000

                           General Revenue Sharing Program                                                               65,111,876

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

                           Distressed Communities Relief Program                                                       10,384,458

                           Resource Sharing and State Library Aid                                                        8,773,398

                           Library Construction Aid                                                                               2,813,141

             Restricted Receipts                                                                                                     1,295,997

             Rhode Island Capital Plan Funds

                           Statehouse Renovations                                                                                 4,000,000

                           Lead Mitigation Group Homes                                                                         300,000

                           Computer Center                                                                                          8,975,000

                           Cranston Street Armory                                                                                1,300,000

                           Cannon Building                                                                                               200,000

                           Pastore Center Master Plan                                                                              600,000

                           Zambarano Building Rehabilitation                                                                    600,000

                           Pastore Center Rehabilitation                                                                            530,000

                           Old State House                                                                                              500,000

                           State Office Building                                                                                         950,000

                           Old Colony House                                                                                           135,000

                           William Powers Building                                                                                   750,000

                           McCoy Stadium                                                                                               557,500

                           Fire Code Compliance State Buildings                                                              500,000

                           Pastore Center Fire Code Compliance                                                             750,000

                           Pastore Center Water Tanks                                                                            480,000

                           Ladd Center Water System                                                                                50,000

                           Pastore Center Environmental Management                                                      250,000

                           Pastore Center Power Plant                                                                          2,000,000

                           Replacement of Fueling Tanks                                                                          600,000

                           Neighborhood Opportunities Program                                                           7,500,000

                           Environmental Compliance                                                                               275,000

                           Total - General                                                                                          313,724,956

Debt Service Payments

             General Revenues                                                                                                   126,160,050

             Federal Funds                                                                                                            1,177,854

             Restricted Receipts                                                                                                     1,542,173

             Intermodal Surface Transportation Funds

                           RIPTA Debt Service                                                                                        681,005

                           Transportation Debt Service                                                                        35,442,466

             Temporary Disability Insurance Fund

                           RIRBA - DLT – Temporary Disability Insurance                                                45,586

                           COPS - DLT Building – TDI                                                                           358,825

             Reed Act Funds

                           COPS – DLT Building                                                                                       26,320

                           Total - Debt Service Payments                                                                  165,434,279

Energy Resources

             General Revenues                                                                                                       2,236,989

             Federal Funds                                                                                                          19,688,355

             Restricted Receipts                                                                                                        200,000

                           Total – Energy Resources                                                                            22,125,344

Undistributed Personnel Savings

             General Revenues                                                                                                    (9,105,434)

             Federal Funds                                                                                                          (2,606,705)

             Restricted Receipts                                                                                                     (418,650)            

             Other Funds                                                                                                            (2,714,920)

                           Total – Undistributed Personnel Savings                                                    (14,845,709)

                           Grand Total - Administration                                                                     633,201,363

Business Regulation

Central Management General Revenues                                                                                 1,283,012

Banking and Securities Regulation General Revenues                                                            3,083,499

             Restricted Receipts                                                                                                        145,000

             Total Banking and Securities Regulation                                                                      3,228,499            

Commercial Licensing, Racing  and Athletics

             General Revenues                                                                                                       1,362,961            

             Restricted Receipts                                                                                                        606,836            

                           Total - Commercial Licensing, Racing and Athletics                                       1,969,797

Insurance Regulation

             General Revenues                                                                                                       5,184,809

             Federal Funds                                                                                                                 51,742

             Restricted Receipts                                                                                                        856,129

                           Total - Insurance Regulation                                                                          6,092,680

Board of Accountancy General Revenues                                                                                  155,449

Board for Design Professionals General Revenues                                                                    406,186

                           Grand Total - Business Regulation                                                               13,135,623

Labor and Training

Central Management

             General Revenues                                                                                                          195,297

             Restricted Receipts                                                                                                        483,507

                           Total - Central Management                                                                             678,804

Workforce Development Services

             General Revenues                                                                                                              2,500

             Federal Funds                                                                                                          13,368,113

             Restricted Receipts                                                                                                   14,952,134

             Reed Act Funds

                           Rapid Job Entry                                                                                               798,997

                           Workforce Development                                                                               5,200,000

             Of the $6.0 million appropriated from Reed Act funds, $798,997 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; and $5.2 million may be for the administration of this state’s employment compensation law and public employment service offices.

                           Total – Workforce Development Services                                                   34,321,744

Workforce Regulation and Safety General Revenues                                                              2,736,797

Income Support

             General Revenues                                                                                                       3,175,354

             Federal Funds                                                                                                          14,756,732

             Restricted Receipts                                                                                                     1,760,639

             Temporary Disability Insurance Fund                                                                      177,634,956

             Employment Security Fund                                                                                     212,759,436

                           Total - Income Support                                                                             410,087,117

Injured Workers Services Restricted Receipts                                                                      11,087,418

Labor Relations Board General Revenues                                                                                  473,214

                           Grand Total - Labor and Training                                                              459,385,094

Department of Revenue

Director of Revenue Office General Revenues                                                                           751,500

Office of Revenue Analysis General Revenues                                                                           750,003

Lottery Division Lottery Funds                                                                                           214,697,422

 Property Valuation General Revenues                                                                                      849,819

Taxation

             General Revenues                                                                                                     17,820,994

             Federal Funds                                                                                                            1,235,454

             Restricted Receipts                                                                                                        830,406

             Temporary Disability Insurance                                                                                      910,131

                           Total - Taxation                                                                                          20,796,985

Registry of Motor Vehicles

             General Revenues                                                                                                     18,403,641

             Federal Funds                                                                                                                 99,691

             Restricted Receipts                                                                                                          15,100

                           Total – Registry of Motor Vehicles                                                              18,518,432

                           Grand Total – Revenue                                                                             256,364,161

Legislature

             General Revenues                                                                                                     34,440,361

             Restricted Receipts                                                                                                     1,523,721

                           Grand Total - Legislature                                                                             35,964,082

Lieutenant Governor General Revenues                                                                                   925,112

Secretary of State

Administration General Revenues                                                                                          1,685,414

Corporations General Revenues                                                                                             1,798,880

State Archives

             General Revenues                                                                                                            88,909

             Federal Funds                                                                                                                 40,121

             Restricted Receipts                                                                                                        443,476

                           Total - State Archives                                                                                      572,506

Elections

             General Revenues                                                                                                          583,210

             Federal Funds                                                                                                               546,623

                           Total - Elections                                                                                            1,129,833

State Library General Revenues                                                                                                 689,592

Office of Civics and Public Information  General Revenues                                                     190,131

                           Grand Total - State                                                                                       6,066,356

General Treasurer

Treasury

             General Revenues                                                                                                       2,589,641

             Federal Funds                                                                                                               291,066

             Restricted Receipts                                                                                                          10,000

             Temporary Disability Insurance Fund                                                                             293,140

                           Total – Treasury                                                                                            3,183,847

State Retirement System

             Restricted Receipts

                           Administrative Expenses - State Retirement System                                       6,131,739

                           Retirement - Treasury Investment Operations                                                    877,497

                           Total - State Retirement System                                                                    7,009,236

Unclaimed Property Restricted Receipts                                                                              23,095,200

RI Refunding Bond Authority General Revenues                                                                          40,349

Crime Victim Compensation Program

             General Revenues                                                                                                          278,560

             Federal Funds                                                                                                            1,625,080

             Restricted Receipts                                                                                                     1,657,851

                           Total - Crime Victim Compensation Program                                                 3,561,491

                           Grand Total - General Treasurer                                                                  36,890,123

Board of Elections

             General Revenues                                                                                                       1,437,214

             Federal Funds                                                                                                               586,894

                           Grand Total - Board of Elections                                                                   2,024,108

Rhode Island Ethics Commission General Revenues                                                            1,410,451

Office of Governor General Revenues                                                                                   4,921,696

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

Public Utilities Commission

             General Revenues                                                                                                          661,246

             Federal Funds                                                                                                               100,124

             Restricted Receipts                                                                                                     6,334,717

                           Grand Total - Public Utilities Commission                                                      7,096,087

Rhode Island Commission on Women General Revenues                                                        108,203

Commission for Human Rights

             General Revenues                                                                                                          984,197

             Federal Funds                                                                                                               404,743

                           Grand Total - Commission for Human Rights                                                 1,388,940

Office of Health and Human Services

             General Revenues                                                                                                          307,152

             Federal Funds                                                                                                            5,826,265

             Restricted Receipts                                                                                                        445,548

                           Total – Health and Human Services                                                               6,578,965

Children, Youth, and Families

Central Management

             General Revenues                                                                                                       5,903,045

             Federal Funds                                                                                                            3,359,730

                           Total - Central Management                                                                          9,262,775

Children's Behavioral Health Services

             General Revenues                                                                                                     18,805,572

             Federal Funds                                                                                                          13,268,634

                           Total - Children's Behavioral Health Services                                               32,074,206

Juvenile Correctional Services

             General Revenues                                                                                                     29,680,225

             Federal Funds                                                                                                               610,837

             Restricted Receipts                                                                                                            6,000

             Rhode Island Capital Plan Funds - Girls Facility – Training School                                  700,000

                           Total - Juvenile Correctional Services                                                          30,997,062

Child Welfare

             General Revenues                                                                                                     88,661,014

             Federal Funds                                                                                                          58,426,893

             18 to 21 Year Olds

             General Revenues                                                                                                       6,000,000

             Federal Funds                                                                                                            4,545,000

             The General Assembly shall appropriate quarterly allotments to the Department of Children, Youth, and Families for child welfare for FY 2008. The state controller shall not allow the department to spend any more than $23.7 million from general revenues and $15.7 million from federal funds by September 30, 2007, no more than $47.4 million from general revenues and $31.4 million from federal funds by December 31, 2007, and no more than $71.1 million from general revenues and $47.1 million from federal funds by March 31, 2008.

             Restricted Receipts                                                                                                     1,747,941

             Rhode Island Capital Plan Funds

                           Camp E-Hun-Tee                                                                                              85,000

                           Fire Code Upgrades                                                                                        750,000

                           Total - Child Welfare                                                                                160,215,848

Higher Education Incentive Grants General Revenues                                                             200,000

                           Grand Total - Children, Youth, and Families                                              232,749,891

Elderly Affairs

             General Revenues

                           General Revenues                                                                                       16,521,951

                           RIPAE                                                                                                          2,081,654

                           Safety and Care of the Elderly                                                                                 600

             Federal Funds                                                                                                          13,056,931

             Restricted Receipts                                                                                                        690,000

             Intermodal Surface Transportation Funds                                                                    4,685,000

                           Grand Total - Elderly Affairs                                                                       37,036,136

Health

Central Management

             General Revenues                                                                                                       4,901,329

             Federal Funds                                                                                                            4,856,361

             Restricted Receipts                                                                                                     3,716,866

                           Total - Central Management                                                                        13,474,556

State Medical Examiner

             General Revenues                                                                                                       2,156,986

             Federal Funds                                                                                                               141,556

                           Total - State Medical Examiner                                                                     2,298,542

Family Health

             General Revenues                                                                                                       2,588,535

             Federal Funds                                                                                                          29,851,256

             Restricted Receipts                                                                                                   18,186,461

                           Total - Family Health                                                                                   50,626,252

Health Services Regulation

             General Revenues                                                                                                       6,522,612

             Federal Funds                                                                                                            4,913,651

             Restricted Receipts                                                                                                        436,904

                           Total - Health Services Regulation                                                               11,873,167

Environmental Health

             General Revenues                                                                                                       3,999,516

             Federal Funds                                                                                                            6,124,861

             Restricted Receipts                                                                                                     3,062,911

                           Total - Environmental Health                                                                       13,187,288

Health Laboratories

             General Revenues                                                                                                       8,170,513

             Federal Funds                                                                                                            2,063,939

                           Total - Health Laboratories                                                                         10,234,452

Disease Prevention and Control

                           General Revenues                                                                                         6,147,635

             Federal Funds                                                                                                          17,353,763

             National Highway Traffic Safety Funds Walkable Communities Initiative                           28,676

                           Total - Disease Prevention and Control                                                        23,530,074

                           Grand Total - Health                                                                                 125,224,331

Human Services

Central Management

             General Revenues                                                                                                       9,113,855

             Federal Funds                                                                                                            4,251,568

             Restricted Receipts                                                                                                     1,746,265

                           Total - Central Management                                                                        15,111,688

Child Support Enforcement

             General Revenues                                                                                                       3,830,853

             Federal Funds                                                                                                            7,569,577

             Restricted Receipts                                                                                                          50,000

                           Total – Child Support Enforcement                                                              11,450,430

Individual and Family Support

             General Revenues                                                                                                     24,754,511

             Federal Funds                                                                                                          52,883,675

             Restricted Receipts                                                                                                        134,150

             Rhode Island Capital Plan Funds

                           Blind Vending Facilities                                                                                    100,000

                           Forand Building Exterior                                                                                1,200,000

                           Total - Individual and Family Support                                                          79,072,336

Veterans' Affairs

             General Revenues                                                                                                     17,109,472

             Federal Funds                                                                                                            6,384,850

             Restricted Receipts                                                                                                     1,516,550

                           Total - Veterans' Affairs                                                                              25,010,872

Health Care Quality, Financing and Purchasing

             General Revenues                                                                                                     23,023,393

             Federal Funds                                                                                                          43,746,840

             Restricted Receipts                                                                                                        186,714

                           Total - Health Care Quality, Financing & Purchasing                                    66,956,947

Medical Benefits

             General Revenues

                           Hospitals                                                                                                   127,761,587

                           Long Term Care                                                                                       171,867,087

             Provided that $154,280,987 is for long term care for nursing homes and hospice care and $17,586,100 is for long term care for home and community based services.

                           Managed Care                                                                                          259,157,517

                           Pharmacy                                                                                                    63,239,985

                           Other                                                                                                          55,380,738

             Federal Funds

                           Hospitals                                                                                                   115,822,763

                           Long Term Care                                                                                       189,938,417

             Provided that $170,524,517 is for long term care for nursing homes and hospice care and $19,413,900 is for long term care for home and community based services.

                           Managed Care                                                                                          293,562,936

                           Special Education                                                                                        20,733,240

                           Pharmacy                                                                                                    23,999,516

                           Other                                                                                                          60,550,556

             Restricted Receipts                                                                                                     5,590,042

                           Total - Medical Benefits                                                                         1,387,604,384

Supplemental Security Income Program General Revenues                                                 28,455,740

Family Independence Program

             General Revenues

                           Child Care                                                                                                    7,442,414

                           TANF/Family Independence Program                                                         15,957,990

             Federal Funds                                                                                                          84,438,119

                           Total - Family Independence Program                                                       107,838,523

State Funded Programs

             General Revenues General Public Assistance                                                               4,090,076

             Federal Funds                                                                                                          85,553,476

                           Total - State Funded Programs                                                                    89,643,552

                           Grand Total - Human Services                                                               1,811,144,472

Mental Health, Retardation, and Hospitals

Central Management

             General Revenues                                                                                                          740,606

             Federal Funds                                                                                                                 67,080

                           Total - Central Management                                                                             807,686

Hospital and Community System Support

             General Revenues                                                                                                       4,238,069

             Federal Funds                                                                                                               373,404

             Rhode Island Capital Plan Funds

                           Medical Center Rehabilitation                                                                           290,000

                           Community Facilities Fire Code                                                                     1,250,000

                           DD Private Waiver Community Facility/Fire Code                                            337,500

                           Total - Hospital and Community System Support                                           6,488,973

Services for the Developmentally Disabled

             General Revenues                                                                                                   120,497,502

             Federal Funds                                                                                                        136,746,550

             Rhode Island Capital Plan Funds

                           Regional Center Repair/Rehabilitation                                                               300,000

                           MR Community Facilities/Access to Independence                                           500,000

                           Developmental Disability Group Homes                                                         2,050,000

                           Total - Services for the Developmentally Disabled                                      260,094,052

Integrated Mental Health Services

             General Revenues                                                                                                     43,958,899

             Federal Funds                                                                                                          38,244,839

             Rhode Island Capital Plan Funds

                           MH Community Facilities Repairs                                                                     250,000

                           MH Housing Development-Thresholds                                                             400,000

                           Total - Integrated Mental Health Services                                                    82,853,738

Hospital and Community Rehabilitation Services

             General Revenues                                                                                                     57,019,642

             Federal Funds                                                                                                          56,699,247

             Restricted Receipts                                                                                                     2,950,000

             Rhode Island Capital Plan Funds

                           Zambarano Buildings and Utilities                                                                     590,000

                           Hospital Consolidation                                                                                  2,250,000

                           Total - Hospital and Community Rehabilitation Services                             119,508,889

Substance Abuse

             General Revenues                                                                                                     17,004,511

             Federal Funds                                                                                                          11,839,894

             Restricted Receipts                                                                                                          90,000

             Rhode Island Capital Plan Funds

                          Asset Protection                                                                                               200,000

                           Total - Substance Abuse                                                                             29,134,405

                           Grand Total - Mental Health, Retardation, and Hospitals                            498,887,743

Office of the Child Advocate

                           General Revenues                                                                                            520,757

                           Federal Funds                                                                                                    40,000

                            Grand Total – Office of the Child Advocate                                                     560,757

Commission on the Deaf and Hard of Hearing

                           General Revenues                                                                                            370,154

                           Federal Funds                                                                                                    17,500

                           Grand Total - Commission on the Deaf and Hard of Hearing                             387,654

RI Developmental Disabilities Council Federal Funds                                                           461,111

Governor's Commission on Disabilities

             General Revenues                                                                                                          535,775

             Federal Funds                                                                                                               181,692

             Restricted Receipts                                                                                                          50,612

             Rhode Island Capital Plan Funds

                           Facility Renovation – Handicapped Accessibility                                               200,000

                           Grand Total - Governor's Commission on Disabilities                                        968,079

Mental Health Advocate General Revenues                                                                             424,343

Elementary and Secondary Education

Administration of the Comprehensive Education Strategy

             General Revenues                                                                                                     21,316,614

             Statewide – Uniform Chart of Accounts                                                                      1,100,000

             Federal Funds                                                                                                        175,671,609

             HRIC Adult Education Grants                                                                                    4,500,000

             Restricted Receipts                                                                                                     1,189,897

             Rhode Island Capital Plan Funds

                           Shepard Building Air Quality                                                                            286,500

                           Total – Administration of the Comprehensive

                           Education Strategy                                                                                    204,064,620

Davies Career and Technical School

             General Revenues                                                                                                     14,571,572

             Federal Funds                                                                                                            1,237,336

             Rhode Island Capital Plan Funds

                           Davies HVAC                                                                                                 364,985

                           Davies Asset Protection                                                                                     82,400

                           Davies Roof Repair                                                                                          507,000

                           Total - Davies Career and Technical School                                                16,763,293

RI School for the Deaf

             General Revenues                                                                                                       6,807,792

             Federal Funds                                                                                                               367,923

                           Total - RI School for the Deaf                                                                       7,175,715

Metropolitan Career and Technical School General Revenues                                            11,487,734

Education Aid

             General Revenues                                                                                                   679,417,316

             Federal Funds                                                                                                            1,119,042

             Restricted Receipt                                                                                                      1,459,996

                           Total – Education Aid                                                                               681,996,354

Central Falls School District General Revenues                                                                   43,795,411

Housing Aid General Revenues                                                                                             52,861,510

Teachers’ Retirement General Revenues                                                                               78,071,710

                           Grand Total - Elementary and Secondary Education                               1,096,216,347

Public Higher Education

Board of Governors/Office of Higher Education

             General Revenues                                                                                                       8,135,640

             Federal Fund                                                                                                              3,526,446

             Restricted Receipts                                                                                                        200,000

                           Total – Board of Governors/Off. of Higher Education                                  11,862,086

University of Rhode Island

             General Revenues                                                                                                                      

                           General Revenues                                                                                       77,035,968

                           Debt Service                                                                                               11,203,337

             University and College Funds

                           University and College Funds                                                                    401,968,441

                           Debt - Dining Services                                                                                  1,115,771

                           Debt - Educational and General                                                                     2,556,727

                           Debt - Health Services                                                                                     130,758

                           Debt - Housing Loan Funds                                                                          5,550,920

                           Debt - Memorial Union                                                                                    101,165

                           Debt - Ryan Center                                                                                          388,558

                           Debt - Alton Jones Services                                                                             148,728

                           Debt - Boss Arena                                                                                             71,913

                           Debt - Parking Authority                                                                                  757,871

                           Debt – Sponsored Research                                                                             101,425

             Rhode Island Capital Plan Funds

                            Asset Protection                                                                                           4,189,500

                           Superfund                                                                                                        954,000

                           Lippitt Hall                                                                                                    4,605,000

                           Total – University of Rhode Island                                                             510,880,082

             Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or unencumbered balances as of June 30, 2008 relating to the University of Rhode Island are hereby reappropriated to fiscal year 2009.

Rhode Island College

             General Revenues

                           General Revenues                                                                                       45,750,547

                           Debt Service                                                                                                 2,944,957

                           RIRBA – Rhode Island College                                                                        336,386

             University and College Funds

                           University and College Funds                                                                      82,943,953

                           Debt - Education and General                                                                          295,152

                           Debt - Housing                                                                                                494,417

                           Debt - Student Center and Dining                                                                     172,061

                           Debt - Student Union                                                                                       172,194

             Rhode Island Capital Plan Funds

                           Asset Protection                                                                                            1,819,125

                           Total – Rhode Island College                                                                    134,928,792

             Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or unencumbered balances as of June 30, 2008 relating to the Rhode Island College are hereby reappropriated to fiscal year 2009.

Community College of Rhode Island

             General Revenues

                           General Revenues                                                                                       49,254,318

                           Debt Service                                                                                                 1,406,894

             Restricted Receipts                                                                                                        693,520

             University and College Funds

                           University and College Funds                                                                      58,716,203

                           Debt – Bookstore                                                                                            176,504

             Rhode Island Capital Plan Funds

                           Knight Campus Nursing Program                                                                       60,000

                           Fire Code and HVAC                                                                                   1,700,000

                           Asset Protection                                                                                            1,157,625

                           Total – Community College of Rhode Island                                              113,165,064

             Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or unencumbered balances as of June 30, 2008 relating to the Community College of Rhode Island are hereby reappropriated to fiscal year 2009.

                           Grand Total – Public Higher Education                                                      770,836,024

RI State Council on the Arts

             General Revenues

                           Operating Support                                                                                           757,476

                           Grants                                                                                                           2,020,168

             Federal Funds                                                                                                               706,453

             Arts for Public Facilities                                                                                              3,000,000

                           Grand Total - RI State Council on the Arts                                                    6,484,097

RI Atomic Energy Commission

             General Revenues                                                                                                          819,869

             Federal Funds                                                                                                               420,940

             University and College Funds URI Sponsored Research                                                 190,654

             Rhode Island Capital Plan Funds

                           Asset Protection                                                                                                 50,000

                           Grand Total - RI Atomic Energy Commission                                                1,481,463

RI Higher Education Assistance Authority

             General Revenues

                           Needs Based Grants and Work Opportunities                                             10,000,000

                           Authority Operations and Other Grants                                                          1,019,684

             Federal Funds                                                                                                          12,612,204

             Tuition Savings Program - Administration                                                                    5,718,516

                           Grand Total – RI Higher Education Assistance Authority                              29,350,404

RI Historical Preservation and Heritage Commission

             General Revenues                                                                                                       1,577,792

             Federal Funds                                                                                                               529,078

             Restricted Receipts                                                                                                        496,294

                           Grand Total - RI Historical Pres. and Heritage Comm.                                   2,603,164

RI Public Telecommunications Authority

             General Revenues                                                                                                       1,363,654

             Corporation for Public Broadcasting                                                                              799,656

                           Grand Total – RI Public Telecommunications Authority                                  2,163,310

Attorney General

Criminal

             General Revenues                                                                                                     12,988,267

             Federal Funds                                                                                                            1,322,964

             Restricted Receipts                                                                                                        339,183

                           Total - Criminal                                                                                           14,650,414

Civil

             General Revenues                                                                                                       4,897,204

             Restricted Receipts                                                                                                        634,364

                           Total - Civil                                                                                                   5,531,568

Bureau of Criminal Identification

             General Revenues                                                                                                       1,017,634

             Federal Funds                                                                                                                 56,500

                           Total Bureau of Criminal Identification                                                           1,074,134

General

             General Revenues                                                                                                       2,432,200

             Rhode Island Capital Plan Funds

                           Building Renovations and Repairs                                                                     215,000

                           Total - General                                                                                              2,647,200

                           Grand Total - Attorney General                                                                   23,903,316

Corrections

Central Management

             General Revenues                                                                                                     10,466,116

             Federal Funds                                                                                                               359,452

                           Total - Central Management                                                                        10,825,568

Parole Board

             General Revenues                                                                                                       1,259,056

             Federal Funds                                                                                                                 33,002

                           Total - Parole Board                                                                                     1,292,058

Institutional Corrections

             General Revenues                                                                                                   160,571,643

             Federal Funds                                                                                                            2,034,829

             Rhode Island Capital Plan Funds

                           Reintegration Center State Match                                                                  1,195,123

                           General Renovations – Maximum                                                                     400,000

                           General Renovations - Women                                                                      1,000,000

                           Women’s Bathroom Renovations                                                                     856,000

                           Work Release Roof                                                                                         497,000

                           Asset Protection                                                                                            2,500,000

                           Total - Institutional Corrections                                                                  169,054,595

Community Corrections

             General Revenues                                                                                                     15,657,717

             Federal Funds                                                                                                               380,217

                           Total – Community Corrections                                                                   16,037,934

                           Grand Total - Corrections                                                                         197,210,155

Judiciary

Supreme Court

             General Revenues

                           General Revenues                                                                                       25,903,138

                           Defense of Indigents                                                                                      3,065,689

                           Judicial Tenure and Discipline                                                                           119,705

             Federal Funds                                                                                                               121,590

             Restricted Receipts                                                                                                     1,131,337

             Rhode Island Capital Plan Funds

                           Judicial HVAC                                                                                                 400,000

                           Garrahy Lighting and Ceiling                                                                             600,000

                           Asset Protection                                                                                               450,000

                           Total - Supreme Court                                                                                31,791,459

Superior Court

             General Revenues                                                                                                     20,417,996

             Federal Funds                                                                                                               535,427

             Total  - Superior Court                                                                                             20,953,423

Family Court

             General Revenues                                                                                                     17,793,670

             Federal Funds                                                                                                            1,407,102

             Total – Family Court                                                                                                19,200,772

District Court General Revenues                                                                                          10,505,649

Traffic Tribunal General Revenues                                                                                         7,159,070

Workers' Compensation Court Restricted Receipts                                                                7,387,455

                           Grand Total - Judiciary                                                                                96,997,828

Military Staff

National Guard

             General Revenues                                                                                                       1,761,132

             Federal Funds                                                                                                            9,288,875

             Restricted Funds                                                                                                           145,000

             Rhode Island Capital Plan Funds

                           Federal Armories Fire Code Comp.                                                                 118,750

                           AMC Roof Replacement                                                                                  644,000

                           State Armories Fire Code Comp.                                                                     250,000

                           Asset Protection                                                                                               210,000

                           Logistics/Maint. Facilities Fire Code Comp.                                                      100,000

                           Woonsocket Building Demolition                                                                        71,250

                           Total - National Guard                                                                                12,589,007

Emergency Management

             General Revenues                                                                                                          802,732

             Federal Funds                                                                                                          11,305,824

             Restricted Receipts                                                                                                        262,532

                           Total - Emergency Management                                                                  12,371,088

                           Grand Total - Military Staff                                                                         24,960,095

E-911 Emergency Telephone System

                           General Revenues                                                                                         4,733,109

                           Restricted Receipts                                                                                       1,296,943

                           Grand Total – E-911 Emergency Telephone System                                      6,030,052                          

Fire Safety Code Board of Appeal and Review General Revenues                                         303,435

State Fire Marshal

             General Revenues                                                                                                       2,671,285

             Federal Funds                                                                                                               227,972

                           Grand Total - State Fire Marshal                                                                   2,899,257

Rhode Island Justice Commission

             General Revenues                                                                                                          160,815

             Federal Funds                                                                                                            4,151,511

             Restricted Receipts                                                                                                          30,000

                           Grand Total - Rhode Island Justice Commission                                            4,342,326

Municipal Police Training Academy

             General Revenues                                                                                                          429,252

             Federal Funds                                                                                                                 50,000

                           Grand Total - Municipal Police Training Academy                                            479,252

State Police

             General Revenues                                                                                                     52,058,385

             Federal Funds                                                                                                            1,091,916

             Restricted Receipts                                                                                                        312,100

             Traffic Enforcement - Municipal Training                                                                        378,924

             Rhode Island Capital Plan Funds

                           Barracks and Training                                                                                      150,000

                           State Police Training Academy                                                                      5,000,000

                           Lottery Commission Assistance                                                                        142,099

             Airport Corporation                                                                                                      143,923

             Road Construction Reimbursement                                                                             2,366,598

                           Grand Total - State Police                                                                           61,643,945

Office of Public Defender

             General Revenues                                                                                                       9,324,951

             Federal Funds                                                                                                               421,833

                           Grand Total - Office of Public Defender                                                        9,746,784

Environmental Management

Office of the Director

             General Revenues                                                                                                       6,043,464

             Federal Funds                                                                                                               556,097

             Restricted Receipts                                                                                                     2,504,573

                           Total – Office of the Director                                                                         9,104,134

Natural Resources

             General Revenues                                                                                                     18,318,004

             Federal Funds                                                                                                          17,159,404

             Restricted Receipts                                                                                                     3,829,816

             DOT Recreational Projects                                                                                            117,996

             Blackstone Bikepath Design                                                                                          787,890

             Rhode Island Capital Plan Funds

                           Dam Repair                                                                                                     300,000

                           Recreational Facilities Improvements                                                             1,000,000

                           Fort Adams Rehabilitation                                                                                250,000

                           Jamestown Fishing Pier                                                                                    100,000

                           Galilee Piers Upgrade                                                                                       400,000

                           Newport Piers                                                                                                 950,000

                           Total - Natural Resources                                                                           43,213,110

Environmental Protection

             General Revenues                                                                                                     12,051,532

             Federal Funds                                                                                                          10,438,032

             Restricted Receipts                                                                                                   10,611,052

                           Total - Environmental Protection                                                                  33,100,616

                           Grand Total - Environmental Management                                                   85,417,860

Coastal Resources Management Council

             General Revenues                                                                                                       1,879,559

             Federal Funds                                                                                                            1,607,000

             Restricted Receipts                                                                                                     1,022,100

                           Grand Total - Coastal Resources Management Council                                  4,508,659

State Water Resources Board

             General Revenues                                                                                                       1,893,081

             Restricted Receipts                                                                                                        400,000

             Rhode Island Capital Plan Funds

                           Big River Management Area                                                                               92,000

                           Grand Total - State Water Resources Board                                                 2,385,081

Transportation

Central Management

             Federal Funds                                                                                                          17,166,840

             Gas Tax 3,711,727

                           Total - Central Management                                                                        20,878,567

Management and Budget Gasoline Tax                                                                                  3,010,397

Infrastructure – Engineering – Garvee/Motor Fuel Tax Bonds

             Federal Funds                                                                                                        257,540,116

             Restricted Receipts                                                                                                        661,834

             Gasoline Tax                                                                                                            46,094,158

             Land Sale Revenue                                                                                                     2,000,000

             Rhode Island Capital Plan Funds

                           Cherry Hill/Lincoln Facility                                                                               625,000

                           Land and Buildings                                                                                        2,305,486

                           Pawtucket/Central Falls Train Station                                                                 40,000

             State Infrastructure Bank                                                                                            1,000,000

                           Total - Infrastructure – Engineering – Garvee/Motor

                           Fuel Tax Bonds                                                                                         310,266,594

Infrastructure Maintenance

             Gasoline Tax                                                                                                            39,478,984

             Non-land Surplus Property                                                                                            287,523

             Outdoor Advertising                                                                                                        18,809

             Rhode Island Capital Plan Funds

             Maintenance Facilities                                                                                                    200,000

                           Total - Infrastructure Maintenance                                                               39,985,316

                           Grand Total - Transportation                                                                     374,140,874

Statewide Totals                                                                                                                                  

             General Revenues                                                                                                3,403,638,116

             Federal Funds                                                                                                     2,010,642,340

             Restricted Receipts                                                                                                 162,635,736

             Other Funds                                                                                                        1,400,492,417

                           Statewide Grand Total                                                                           6,977,408,609

 

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.  Notwithstanding any provisions of Rhode Island General Laws, the Quonset Development Corporation shall transfer the sum of three million four hundred eighty-six thousand eight hundred seventy four dollars ($3,486,874) to the State Controller by June 30, 2008.

 

SECTION 5.  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 non-general 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                                                  29,966,436

Administration Central Utilities Internal Service Fund                                                 19,490,769

State Central Mail Internal Service Fund                                                                     5,683,450

State Telecommunications Internal Service Fund                                                         3,020,022

State Automotive Fleet Internal Service Fund                                                            14,649,606

State Surplus Property Internal Service Fund                                                                   15,715

Capital Police Internal Service Fund                                                                               580,935            

 Health Insurance Internal Service Fund                                                                  258,553,614

MHRH Central Pharmacy Internal Service Fund                                                       10,274,366

MHRH Laundry Services Internal Service Fund                                                          1,266,493

Corrections General Services & Warehouse Internal Service Fund                              6,054,815            

Correctional Industries Internal Service Fund                                                              7,455,680

Secretary of State Record Center Internal Service Fund                                              1,177,788

 

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

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

 

SECTION 7. Appropriation of Temporary Disability Insurance Funds -- There is hereby appropriated pursuant to sections 28-39-5 and 28-39-8 of the Rhode Island General Laws all funds required to be disbursed for the benefit payments from the Temporary Disability Insurance Fund and Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 2008.

 

SECTION 8. Appropriation of Employment Security Funds -- There is hereby appropriated pursuant to section 28-42-19 of the Rhode Island General Laws all funds required to be disbursed for benefit payments from the Employment Security Fund for the fiscal year ending June 30, 2008.

 

SECTION 9. Department of Health Regulatory and Licensing Activities Restricted Receipt Account. There is created within the general fund a restricted receipt account to be known as "regulatory and licensing activities restricted receipt account". All money in the account shall be utilized by the department of health to effectuate provisions of chapter 23-1.3 that relate to radiation control; provisions of chapter 23-16.3 that relate to clinical laboratory specialists, provisions of chapter 21-23 that relate to nonalcoholic bottled beverages, drinks and juices, provisions of chapter 23-22 that relate to licensing of swimming pools; provisions of chapter 5-60 that relate to athletic trainers, provisions of chapter 5-32 that relate to electrolysis, provisions of  chapter 5-49 that relate to hearing aid dealers and fitters and provisions of chapter 23-68 that relate to the tanning facilities safety standard act. All money received pursuant to sections 5-60-1, 5-32-6, 5-49-6, 21-23-2, 23-1.3-5, 23-16.3, 23-22-6, 23-68-6 of the Rhode Island General Laws shall be deposited into the regulatory and licensing restricted receipt account.

 

SECTION 10.  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 paying commissions or transfers to the prize fund for the fiscal year ending June 30, 2008.

 

SECTION 11. Departments and agencies listed below may not exceed the number of full-time equivalent (FTE) positions shown below plus the number of contract employees as of June 8, 2007 as certified by the Budget Officer 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.

Contract positions are those where the contracted employees or employee services where the contracted employees would work under state employee supervisors. The Budget Officer shall certify the total number to the Governor, Speaker of the House and President of the Senate, with copies to the chairman of the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor and the Senate Fiscal Advisor within ten days of passage of the budget act.

No agency or department may employ contracted employees or employee services where the contracted employees would work under state employee supervisors after October 1, 2007 without determination of need by the Director of Administration acting upon the positive recommendations of the Budget Officer and the Personnel Administrator and 15 days after a public hearing.

Nor may any agency or department contract for services replacing work done by state employees at that time without determination of need by the Director of Administration acting upon the positive recommendations of the Budget Officer and the Personnel Administrator and 30 days after a public hearing.

State employees whose funding is from non-state general revenue funds that are time limited shall receive limited term appointment with the term limited to the availability of the non-state general revenue funding source.

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 the overall limitation. Prior to the authorization, the State Budget Officer shall make a detailed written recommendation to the Governor, the Speaker of the House, and the President of the Senate. A copy of the recommendation  and authorization to adjust shall be transmitted to the chairman of the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor and the Senate Fiscal Advisor.

 

             FTE POSITION AUTHORIZATION

 

Departments and Agencies                               Full-Time Equivalent

Administration                                                              1,032.9

Business Regulation                                                         105.0

Labor and Training                                                          454.9

Revenue                                                                          475.0

Legislature                                                                       298.2

Office of the Lieutenant Governor                                        9.5

Office of the Secretary of State                                          58.0

Office of the General Treasurer                                          88.0

Board of Elections                                                             14.0

Rhode Island Ethics Commission                                       12.0

Office of the Governor                                                       44.0

Public Utilities Commission                                                45.7

Rhode Island Commission on Women                                  1.0

Health and Human Services                                                 5.0

Children, Youth, and Families                                          805.0

Elderly Affairs                                                                   46.0

Health                                                                             459.0

Human Services                                                           1,109.0

Mental Health, Retardation, and Hospitals                     1,761.0

Office of the Child Advocate                                               5.8

Commission on the Deaf and Hard of Hearing                      3.0

RI Developmental Disabilities Council                                  2.0

Governor's Commission on Disabilities                                 5.6

Commission for Human Rights                                           14.5

Office of the Mental Health Advocate                                  3.7

Elementary and Secondary Education                              134.2

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                                            2,532.1

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

Rhode Island College                                                      932.5

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                                848.2

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                                            8.6

Higher Education Assistance Authority                               46.0

Historical Preservation and Heritage Commission               17.6

Public Telecommunications Authority                                 20.0

Office of the Attorney General                                         234.8

Corrections                                                                  1,508.6

Judiciary                                                                          732.5

Military Staff                                                                   110.0

E-911 Emergency Telephone System                                 53.6

Fire Safety Code Bd. of Appeal and Review                        3.0

RI State Fire Marshal                                                        35.0

Rhode Island Justice Commission                                        7.6

Municipal Police Training Academy                                     4.0

State Police                                                                     272.0

Office of the Public Defender                                             93.5

Environmental Management                                             491.4

Coastal Resources Management Council                            30.0

State Water Resources Board                                             9.0

Transportation                                                                 773.7

Total                                                                         15,770.0

 

SECTION 12. The amounts reflected in this Article include the appropriation of Rhode Island Capital Plan funds for fiscal year 2008 and supersede appropriations provided for FY 2008 within Section 8 of Article 1 of Chapter 246 of the P.L. of 2006.

The following amounts are hereby appropriated out of any money in the State’s Rhode Island Capital Plan Fund not otherwise appropriated to be expended during the fiscal years ending June 30, 2009, June 30, 2010, and June 30, 2011.  These amounts supersede appropriations provided within Section 8 of Article 1 of Chapter 246 of the P.L. of 2006.  For the purposes and functions hereinafter mentioned, the State Controller is hereby authorized and directed to draw his or her orders upon the General Treasurer for the payment of such sums and such portions thereof as may be required by him or her upon receipt of properly authenticated vouchers.

 

                                                                Fiscal Year Ending  Fiscal Year Ending Fiscal Year Ending

     Project                                                       June 30, 2009     June 30, 2010    June 30, 2011

 

RICAP – DOA – McCoy Stadium Repairs              432,500              152,500              372,500

RICAP – DOA – Pastore Utilities Upgrade           3,000,000           3,500,000           4,000,000

RICAP – DOA – Statehouse Renovations             2,000,000           2,000,000           6,000,000

RICAP – DCYF –Fire Code Upgrades

             Group Homes                                          1,000,000           1,210,000           1,210,000

RICAP – Higher Ed-URI Chemistry Bldg.                300,000                         -                         -

RICAP – Higher Ed-URI Nursing

             Program Building                                                    -              500,000                         -

RICAP – Higher Ed-CCRI Fire Code

             and HVAC                                              1,700,000                         -                         -

RICAP – Mil. Staff-AMC Roof/HVAC                1,100,000              950,000                         -

RICAP – State Police Headquarters                    10,000,000                         -                         -

 

SECTION 13.  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 be reappropriated at the discretion of the State Budget Officer.

 

SECTION 14.  This article shall take effect as of July 1, 2007.

 

ARTICLE 2 SUBSTITUTE A

 

RELATING TO BORROWING IN ANTICIPATION OF RECEIPTS FROM TAXES

 

SECTION 1.   (a) The State of Rhode Island is hereby authorized to borrow during its fiscal year ending June 30, 2008, 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 seventy million dollars ($270,000,000), 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, or other forms of obligations, and any expense of issuing the promissory note or notes, or other forms of obligations, 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.

(b) Notwithstanding any other authority to the contrary, duly authorized bonds or notes of the state issued during the fiscal year ending June 30, 2008 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 Subsection (a) of Section 1 of this Article.

(c) Notwithstanding any other authority to the contrary, other forms of obligations of the state not to exceed twenty million dollars ($20,000,000) of the two hundred seventy million dollar ($270,000,000) amount authorized in Section 1 may be issued during the fiscal year ending June 30, 2008 in the form of a commercial or business credit account, at any time outstanding, with banks, trust companies or other financial institutions within or outside the state in order to finance a payables incentive program for the state with its vendors. Any such forms of obligations entered into pursuant to this subsection 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. Any such forms of obligations entered into pursuant to this subsection 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. Any such forms of obligations entered into pursuant to this subsection 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 Subsection (a) of Section 1 of this Article.

 

SECTION 2.  This article shall take effect upon passage.

 


ARTICLE 3 SUBSTITUTE A AS AMENDED

 

RELATING TO GOVERNMENT REORGANIZATION

 

SECTION 1. Sections 42-7.2-2, 42-7.2-4, 42-7.2-5 and 42-7.2-6 of the General Laws in Chapter 42-7.2 entitled "Office of Health and Human Services" are hereby amended to read as follows:

 

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. to serve as the principal agency of the executive branch of state government for managing the departments of children, youth and families, elderly affairs, health, human services, and mental health, retardation and hospitals.  In this capacity, This the office shall: lead

(a) Lead the state's five health and human services departments in order to:

 (a) (1) Improve the economy, efficiency, coordination, and quality of health and human services policy and planning, budgeting and financing.

 (b) (2) Design strategies and implement best practices that foster service access, consumer safety and positive outcomes.

 (c) (3) Maximize and leverage funds from all available public and private sources, including federal financial participation, grants and awards.

 (d) (4) Increase public confidence by conducting independent reviews of health and human services issues in order to promote accountability and coordination across departments.

 (e) (5) 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.

(b) Supervise the administrations of federal and state medical assistance programs by acting as the single state agency authorized under title XIX of the U.S. Social Security act, 42 U.S.C. Section 1396a et seq., notwithstanding any general or public law or regulation to the contrary, and exercising such single state agency authority for such other federal and state programs as may be designated by the governor.  Nothing in this chapter shall be construed as transferring to the secretary: (1) The powers, duties or functions conferred upon the departments by Rhode Island general laws for the administration of the foregoing federal and state programs; or (2) The administrative responsibility for the preparation and submission of any state plans, state plan amendments, or federal waiver applications, as may be approved from time to time by the secretary with respect to the foregoing federal and state programs.

 

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 managing and 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 sections 42-6-1 et seq. and 42-72-1(c).

 

42-7.2-5. Duties of the secretary. -- The secretary shall be subject to the direction and supervision of the governor for the oversight, coordination and cohesive direction of state administered health and human services and in ensuring the laws are faithfully executed, not withstanding any law to the contrary. In this capacity, the Secretary of Health and Human Services  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, the chairpersons of the house and senate finance committees, the caseload estimating conference, and to the joint legislative committee for health care oversight, by no later than December February 1 of each year, a comprehensive overview of all Medicaid expenditures included in the annual budgets developed by the departments.. outcomes, and utilization rates.  The overview shall include, but not be limited to, the following information:

 (1)Expenditures under titles xix and xxi of the social security act, as amended;

(2) Expenditures, outcomes and utilization rates by population and sub-population served (e.g. families with children, children with disabilities, children in foster care, children receiving adoption assistance, adults with disabilities, and the elderly);

(3) Expenditures, outcomes and utilization rates by each state department or other municipal or public entity receiving federal reimbursement under titles xix and xxi of the social security act, as amended; and

(4) Expenditures, outcomes and utilization rates by type of service and/or service provider.

The directors of the departments, as well as local governments and school 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, the accountability and the efficiency of state-administered health and human services. In this capacity, the secretary shall:

 (1) Oversee Direct 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 fiscal service functions related to budget, finance, and procurement, centralizing communication, policy analysis and planning, and information systems and data management 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; and

(4) Improve the coordination and efficiency of health and human services legal functions by centralizing adjudicative and legal services and overseeing their timely and judicious administration.

 (g) Ensure preparation of a coordinated Prepare and integrate comprehensive budgets for the health and human services departments; and any other functions and duties assigned to the office.  The budgets shall be submitted to the state budget office by the secretary, for consideration by the governor, on behalf of the state’s health and human services in accordance with the provisions set forth in section 35-3-4 of the Rhode Island general laws.

 (h) Improve the ability of departments to utilize 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 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.

 (l) 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.

(n) Hold the director of each health and human services department accountable for their administrative, fiscal and program actions in the conduct of the respective powers and duties of their agencies.

 

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.

(4) Forward to the secretary copies of all reports to the governor.

 (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.

 

SECTION 2. Chapter 42-7.2 of the General Laws entitled "Office of Health and Human Services" is hereby amended by adding thereto the following section:

 

42-7.2-6.1. Transfer of powers and functions.. – (a) There are hereby transferred to the executive office of health and human services the powers and functions of the departments with respect to the following:

(1) By July 1, 2007, fiscal services including budget preparation and review, financial management, purchasing and accounting and any related functions and duties deemed necessary by the secretary;

(2) By  July 1, 2007, legal services including applying and interpreting the law, oversight to the rule-making process, and administrative adjudication duties and any related functions and duties deemed necessary by the secretary;

(3) By September 1, 2007, communications including those functions and services related to government relations, public education and outreach and media relations and any related functions and duties deemed necessary by the secretary;

(4) By March 1, 2008, policy analysis and planning including those functions and services related to the policy development, planning and evaluation and any related functions and duties deemed necessary by the secretary; and

(5) By June 30, 2008, information systems and data management including the financing, development and maintenance of all data-bases and information systems and platforms as well as any related operations deemed necessary by the secretary;

(b) The secretary shall determine in collaboration with the department directors whether the officers, employees, agencies, advisory councils, committees, commissions, and task forces of the departments who were performing such functions shall be transferred to the office.  Duties that are incidental to the performance of the functions transferred to the office in subpart (a) shall remain with the departments providing that the employees responsible thereof are performing functions that have not been transferred.

(c) In the transference of such functions, the secretary shall be responsible for ensuring:

(1) Minimal disruption of services to consumers;

(2) Elimination of duplication of functions and operations;

(3) Services are coordinated and functions are consolidated where appropriate;

(4) Clear lines of authority are delineated and followed;

(5) Cost-savings are achieved whenever feasible;

(6) Program application and eligibility determination processes are coordinated and, where feasible, integrated; and

(7) State and federal funds available to the office and the entities therein are alllocated and utilized for service delivery to the fullest extent possible.

Except as provided herein, no provision of this chapter or application thereof shall be construed to limit or otherwise restrict the departments of children, youth and families, human services, elderly affairs, health, and mental health, retardation, and hospitals from fulfilling any statutory requirement or complying with any regulation deemed otherwise valid.

 

SECTION 3. Section 42-12-27 of the General Laws in Chapter 42-12 entitled "Department of Human Services" is hereby amended to read as follows repealed in its entirety:

 

42-12-27. Annual report of statewide Medicaid expenditures -- Health and social outcomes. -- (a) The governor and the general assembly hereby find and declare that statewide Medicaid program expenditures were approximately $1.037 billion dollars during state fiscal year 1998, and accounted for nearly twenty-eight percent (28%) of state's total annual expenditures of $3.725 billion in fiscal year 1998, and are projected to continue to be a significant percentage of the total annual state budget; that those expenditures have a significant impact on the health, educational and social fabric of the state; that although the department of human services has been designated as the single state agency responsible to the federal government and the state for the effective and efficient administration and supervision of the state's Medicaid program, as well as to provide assurances of statewide accessibility to a comprehensive system of high-quality health care services, only two-thirds (2/3) of total Medicaid expenditures is appropriated to and directly administered by the department of human services, while the remaining one-third (1/3) is appropriated to other departments within state government. The governor and the general assembly further recognize that policy makers may not have the benefit of a comprehensive and consolidated depiction of the total impact of the Medicaid program on Rhode Island children and families, adults with disabilities and the elderly; and, that policy makers should require a higher level of assurance that the funds are used to enhance health service accessibility, delivery and outcomes, as well as to improve the fiscal integrity and accountability for Medicaid expenditures.

 (b) The governor and the general assembly further find and declare that a well-coordinated comprehensive financing and service delivery system that specifically addresses the interfaces between other health, social, and educational programs, including those administered at the municipal and community level, is essential.

 (c) Wherefore, the governor and general assembly direct the director of the department of human services, as the administrator of the single state agency for the Medicaid program in Rhode Island, to issue a report to the governor, to the general assembly and to the caseload estimating conference established under section 15-17-1, no later than March 31, 2000, and by March 31st of each year thereafter, of expenditures and outcomes over time for the Medicaid program as a whole, including but not limited to the following information:

 (1) expenditures under Titles XIX and XXI of the Social Security Act, as amended;

 (2) expenditures and outcomes by population and sub-population served (e.g. families with children, children with disabilities, children in foster care, children receiving adoption assistance, adults with disabilities, and the elderly);

 (3) expenditures and outcomes by each state department or other municipal or public entity receiving federal reimbursement under Titles XIX and XXI, and

 (4) expenditures and outcomes by type of service and/or service provider.

 

SECTION 4. It is the intent of the general assembly to reform and make uniform the process of the selection of magistrates and the terms and conditions under which they shall serve. The provisions in this act which establish a ten (10) year term, shall apply to any vacancy which occurs after the date of passage and shall also apply to any magistrate position which completes its statutory term after the date of passage of this act. Any magistrate in service as of the effective date of this act who was appointed to his or her position with life tenure or for a term of years shall continue to serve in accordance with the terms of that appointment. It is the intent of the general assembly that this act shall determine the rights and duties of court magistrates superseding any act or rule in conflict with the provisions of this act.

 

SECTION 5. Section 8-2-11.1 of the General Laws in Chapter 8-2 entitled "Superior Court" is hereby amended to read as follows:

 

8-2-11.1. Administrator/magistrate. -- (a) Any person holding the position of administrative clerk in the superior court who is a member of the bar of Rhode Island may be appointed administrator/magistrate for a term of ten (10) years and until a successor is appointed and qualified, by the presiding justice, with the advice and consent of the senate, in his or her capacity as administrative judge. Nothing herein shall be construed to prohibit the assignment of an administrator/magistrate to more than one such term, subject to the advice and consent of the senate.

 (b) (1) The administrator/magistrate shall have the power to hear and determine such matters as may be assigned to the administrator/magistrate by the presiding justice all to the same effect as if done by a justice of the superior court.

 (2) Without limiting the generality of the foregoing powers and authority, the administrator/magistrate is authorized and empowered to hear and determine motions in civil and criminal proceedings, formal and special causes, to conduct arraignments, to grant or deny bail, to accept pleas of not guilty, guilty, or nolo contendere, and to impose sentence on a plea of guilty or nolo contendere, all to the same effect as if done by a justice of the superior court.

 (c) The administrator/magistrate may be authorized:

 (1) To regulate all proceedings before him or her;

 (2) To do all acts and take all measures necessary or proper for the efficient performance of his or her duties;

 (3) To require the production before him or her of books, papers, vouchers, documents, and writings;

 (4) To rule upon the admissibility of evidence;

 (5) To issue subpoenas for the appearance of witnesses, to put witnesses on oath, to examine them, and to call parties to the proceeding and examine them upon oath;

 (6) To adjudicate a person in contempt and to order him or her imprisoned for not more than seventy-two (72) hours, pending review by a justice of the court, for failure to appear in response to a summons or for refusal to answer questions or produce evidence or for behavior disrupting a proceeding;

 (7) To adjudicate a party in contempt and to order him or her imprisoned for not more than seventy-two (72) hours, pending review by a justice of the court, for failure to comply with a pending order to provide payment or to perform any other act; and

 (8) To issue a capias and/or body attachment upon the failure of a party or witness to appear after having been properly served and, should the court not be in session, the person apprehended may be detained at the adult correctional institution, if an adult, or at the Rhode Island training school for youth, if a child, until the next session of the court.

 (d) A party aggrieved by an order entered by the administrator/magistrate shall be entitled to a review of the order by a justice of the superior court. Unless otherwise provided in the rules of procedure of the court, the review shall be on the record and appellate in nature. The court shall, by rules of procedure, establish procedures for review of orders entered by the administrator/magistrate, and for enforcement of contempt adjudications of the administrator/magistrate.

 (e) Final orders of the superior court entered in a proceeding to review an order of the administrator/magistrate may be appealed to the supreme court.

 (f) The administrator/magistrate shall be:

 (1) Governed by the commission on judicial tenure and discipline, chapter 16, of this title, in the same manner as justices and judges;

 (2) Subject to all provisions of the canons of judicial ethics;

 (3) Subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-7-2.

 

SECTION 6. Sections 8-2-39, 8-2-39.1 and 8-2-39.2 of the General Laws in Chapter 8-2 entitled "Superior Court" are hereby amended to read as follows:

 

8-2-39. General magistrate -- Appointment, duties and powers. -- (a) There is hereby created within the superior court the position of general magistrate who shall be appointed by the chief presiding justice of the supreme superior court, with the advice and consent of the senate, for a term of ten (10) years and until a successor is appointed and qualified. Nothing herein shall be construed to prohibit the assignment of the general magistrate to more than one such term, subject to the advice and consent of the senate. The person appointed to serve as general magistrate shall be a member of the bar of Rhode Island. The powers and duties of the general  magistrate shall be prescribed in the order appointing him or her.

 (b) (1) The general magistrate shall assist the court in:

 (i) The determination of, monitoring, collection, and payment of restitution and court ordered fines, fees, and costs or the ordering of community service in lieu of or in addition to the payment of restitution, fines, fees, and costs, consistent with other provisions of the general laws;

 (ii) The determination and payment of claims under the violent crimes indemnity fund for the Criminal Injuries Compensation Act of 1972, chapter 25 of title 12;

 (iii) The determination and payment of claims from the Criminal Royalties Distribution Act of 1983, chapter 25.1 of title 12; and

 (iv) Such other matters as the chief presiding justice of the supreme superior court in consultation with the presiding justice and, if applicable, the chief justice of the receiving court determines are necessary.

 (2) The chief justice of the supreme court, with the consent of the presiding justice and, if applicable, the chief judge of a particular court, may assign the general magistrate to serve as a magistrate in any court of the unified system. When the general magistrate is so assigned he or she shall be vested, authorized, and empowered with all the powers belonging to the justices or judges magistrate position to which he or she is specially assigned.

 (c) The general magistrate will be empowered to hear all motions, pretrial conferences, arraignments, probable cause hearings, bail hearings, bail and probation revocation hearings, and to review all such matters including, but not limited to the above, and to modify the terms and conditions of probation and other court-ordered monetary payments including, but not limited to, the extension of time for probation and court-ordered monetary payments as provided by law. The general magistrate shall have the power to take testimony in connection with all matters set forth herein.

 (d) The general magistrate may be authorized:

 (1) To regulate all proceedings before him or her;

 (2) To do all acts and take all measures necessary or proper for the efficient performance of his or her duties;

 (3) To require the production before him or her of books, papers, vouchers, documents, and writings;

 (4) To rule upon the admissibility of evidence;

 (5) To issue subpoenas for the appearance of witnesses, to put witnesses on oath, to examine them, and to call parties to the proceeding and examine them upon oath;

 (6) To adjudicate a person in contempt and to order him or her imprisoned for not more than seventy-two (72) hours, pending review by a justice of the relevant court, for failure to appear in response to a summons or for refusal to answer questions or produce evidence or for behavior disrupting a proceeding;

 (7) To adjudicate a party in contempt and to order him or her imprisoned for not more than seventy-two (72) hours, pending review by a justice of the relevant court, for failure to comply with a pending order to provide payment or to perform any other act; and

 (8) To issue a capias and/or body attachment upon the failure of a party or witness to appear after having been properly served and, should the court not be in session, the person apprehended may be detained at the adult correctional institutions, if an adult, or at the Rhode Island training school for youth, if a child, until the next session of the court.

 (e) A party aggrieved by an order entered by the general magistrate shall be entitled to a review of the order by a justice of the relevant court. Unless otherwise provided in the rules of procedure of the court, such review shall be on the record and appellate in nature. The court shall, by rules of procedure, establish procedures for review of orders entered by a general magistrate, and for enforcement of contempt adjudications of a general magistrate.

 (f) Final orders of the superior or family court entered in a proceeding to review an order of a general magistrate may be appealed to the supreme court. Final orders of the district court entered in a proceeding to review an order of the general magistrate may be appealed to the superior court.

 (g) The general magistrate shall:

 (1) Receive all credits and retirement allowances as afforded justices under chapter 3 of this title and any other applicable law, including without limitation, section 8-3-16;

 (2) Receive a salary equivalent to that of a district court judge and be subject to the unclassified pay plan board;

 (3) Hold office for life during good behavior; (Repealed)

 (4) Be governed by the commission on judicial tenure and discipline, chapter 16, of this title, in the same manner as justices and judges;

 (5) Be subject to all provisions of the canons of judicial ethics or code of judicial conduct;

 (6) Be subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-7-2.

 (h) The provisions of this section shall be afforded liberal construction.

 (i) The chief presiding justice of the supreme superior court shall initially appoint such support staff as may be necessary, relating to preparation, investigation, and implementation of the  general magistrate's  functions. Effective November 15, 1993, the support staff shall be placed under the supervision and management of the superior court, and new appointments or personnel changes in the support staff shall be subject to the directions and approval of the superior court, consistent with any applicable collective bargaining agreements. The general magistrate shall have the power and authority to issue subpoenas and to compel the attendance of witnesses at any place within the state, to administer oaths and to require testimony under oath. The general magistrate, or his or her designee, may serve his or her process or notices in a manner provided for the service of process and notice in civil or criminal actions in accordance with the rules of court.

 

8-2-39.1. Special magistrate. -- There is hereby created within the superior court the position of special magistrate, who shall be appointed by the presiding justice of the superior court, with the advice and consent of the senate, for a period of ten (10) years, and until a successor is appointed and qualified. Nothing contained herein shall be construed to prohibit the reappointment of a special magistrate for one or more additional ten (10) year terms, subject to the advice and consent of the senate. The person appointed to serve as special magistrate shall be a member of the bar of the state of Rhode Island. The special magistrate shall have the duties, responsibilities, powers and benefits as authorized in section8-2-39.

 

8-2-39.2. Drug court magistrate -- Appointment, duties and powers. -- (a) There is hereby created within the superior court the position of Drug Court Magistrate who shall be appointed by the presiding justice of the superior court, with the advice and consent of the senate. The person persons appointed to serve as Drug Court Magistrate Magistrates shall be a member members of the bar of Rhode Island. The powers and duties of the Drug Court Magistrate shall be prescribed in the order appointing him or her in addition to those described herein.

 The Drug Court Magistrate's term shall be ten (10) not exceed three (3) years and until a successor is appointed and qualified. His or her salary shall be paid not out of state funds, but rather from those funds made available from the federal government. If federal funds become available after the expiration of three (3) years, nothing Nothing in this article shall prohibit the a Drug Court Magistrate from being reappointed for additional three (3) ten (10) year terms by the presiding justice of the superior court with the advice and consent of the senate. He or she shall receive a salary equivalent to that received by the special magistrate assigned to the superior court.

 (b) The Drug Court Magistrate shall be empowered to hear and decide as a superior court justice all matters relating to those adult offenders who come before the jurisdiction of the superior court on any offense relating to the offender's participation in the Adult Drug Court. In addition, the Drug Court Magistrate shall have the power to impose a period of incarceration upon a plea of guilty or nolo contendere, and also have the power to confine any person who has been found to be in violation of any conditions previously imposed by the superior court.

 (c) The Drug Court Magistrate shall be empowered to hear and decide as a superior court justice all matters that may come before the superior court pursuant to chapter 37.1 of title 11 "Sexual Offender Registration and Community Notification."

 (d) The Drug Court Magistrate and/or the presiding justice of the superior court may fix the venue of any person who is before the superior court as a participant in the Adult Drug Court or who is alleged to be a sexual predator, and who has filed an objection to community notification.

 (e) The Drug Court Magistrate shall be governed by the commission on judicial tenure and discipline, chapter 16 of title 8 in the same manner as justices and judges; shall be subject to all provisions of the canons of judicial ethics or code of judicial conduct; and shall be subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-7-2.

(f)  A party aggrieved by an order entered by the Drug Court Magistrate shall be entitled to a review of the order by a justice of the Superior Court. Unless otherwise provided in the rules of procedure of the court, such review shall be on the record and appellate in nature. The Superior Court shall, by rules of procedure, establish procedures for reviews of orders entered by a Drug Court Magistrate, and for enforcement of contempt adjudications of a Drug Court Magistrate.

 

SECTION 7. Sections 8-8-8.1 and 8-8-16.2 of the General Laws in Chapter 8-8 entitled "District Court" are hereby amended to read as follows:

 

8-8-8.1. Administrator/clerk -- Magistrate. -- (a) Administrator/clerk. - There shall be a district court administrator/clerk who shall be appointed by the chief judge in his or her capacity as administrative head of the court, and who shall hold office at the pleasure of the administrative judge. The administrator/clerk shall perform such duties and attend to such matters as may be assigned to the administrator/clerk by the administrative judge, other than those duties assigned to the chief clerk in section8-8-19. Said duties may be assigned by the chief judge. both as to the district court established by this chapter and as to the traffic tribunal established by chapter 8.2 of this title.

 (b) Magistrate. - Any person holding the position of district court administrator/clerk who is a member of the bar of Rhode Island may be appointed district court magistrate by the chief judge in his or her capacity as administrative head of the court, subject to the advice and consent of the senate. The district court magistrate shall hold said office for a term of twelve (12) ten (10) years and until a successor is appointed and qualified; and the magistrate shall retain whatever right he or she may have to the position of district court administrator/clerk pursuant to this section. Nothing herein shall be construed to prohibit the appointment of the magistrate for more than one term, subject to the advice and consent of the senate. Any person holding office of district court magistrate on July 1, 1999 may continue in full authority in said position until such time as an appointment is made and the nominee qualified pursuant to this subsection.

 (c) The district court magistrate shall have the power to hear and determine such matters as may be assigned to the district court magistrate by the chief judge all to the same effect as if done by a judge of the district court, including but not limited to:

 (1) Matters relating to the determination of, monitoring, collection, and payment of restitution and court ordered fines, fees, and costs or the ordering of community service in lieu of or in addition to the payment of restitution, fines, fees, and costs, consistent with other provisions of the general laws;

 (2) Arraignments and pretrial motions in misdemeanor, petty misdemeanor, violation, and ordinance cases and initial appearances and probable cause hearings in felony cases;

 (3) Bail hearings pursuant to R.I. Const., Art. I, Sec. IX and all other bail matters pursuant to chapter 13 of title 12 and the rules of criminal procedure, including but not limited to motions to modify bail, bail revocation hearings, bail forfeiture hearings, and bail source hearings;

 (4) All matters relating to fugitives from justice pursuant to chapter 9 of title 12;

 (5) Probation revocation hearings;

 (6) All matters relating to small claims and consumer claims pursuant to chapter 16 of title 10, including any pretrial motions including motions relating to the special service of process, the entry of defaults and default judgments, the trial of such cases and the entry of judgment after such trials, and all matters relating to the enforcement of such judgments, including but not limited to the ordering of installment payments and trustee process; and

 (7) Complaints for judicial review of the decision of an administrative agency pursuant to chapter 35 of title 42 by making proposed findings of fact and recommendations for the disposition of the complaints to a judge of the court. Any party may object to any portion of the magistrate's proposed findings and recommendations within ten (10) days after receipt of a copy thereof. That party shall file with the clerk of the sixth division of the district court and serve on all parties written objections which shall specifically identify the portions of the proposed findings and recommendations to which objection is made and the basis for the objection. A judge shall make a de novo determination of those portions to which objection is made and may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate. Absent a timely objection filed in accordance with this subdivision, the proposed prevailing party shall, upon expiration of the ten (10) days following the service of the magistrate's proposed findings and recommendations, submit a proposed order for signature of the judge to whom the case has been assigned.

 (8) All matters heard pursuant to chapter 8.2 of this title, in the traffic tribunal.

 (d) The magistrate may be authorized:

 (1) To regulate all proceedings before him or her;

 (2) To do all acts necessary or proper for the efficient performance of his or her duties;

 (3) To require the production before him or her of books, papers, vouchers, documents, and writings;

 (4) To rule upon the admissibility of evidence;

 (5) To issue subpoenas for the appearance of witnesses, to put witnesses on oath, to examine them, and to call parties to the proceeding and examine them upon oath;

 (6) To adjudicate a person in contempt and to order him or her fined or to order him or her imprisoned for not more than seventy-two (72) hours, pending review by a judge of the court, for failure to appear in response to a summons or for refusal to answer questions or produce evidence or for behavior disrupting a proceeding or other contempt of his or her authority;

 (7) To adjudicate a person in contempt and to order him or her fined or to order him or her imprisoned for not more than seventy-two (72) hours, pending review by a judge of the court, for failure to comply with a pending order to provide payment or to perform any other act;

 (8) To issue a capias and/or body attachment for the failure of a party or witness to appear after having been properly served or given notice by the court and, should the court not be in session, the person apprehended may be detained at the adult correctional institution, if an adult, or at the Rhode Island training school for youth, if a child, until the next session of the court;

 (9) To issue writs of habeas corpus to bring before him or her or a judge of the court any person in jail or in prison to be examined as a witness in a suit or proceeding, civil or criminal, pending before the court, or whose presence is necessary as a party or otherwise necessary so that the ends of justice may be attained, and for no other purpose; and

 (10) To issue warrants of arrest and search warrants to the same extent as an associate judge of the court.

 (e) Except as otherwise indicated, a party aggrieved by an order entered by the district court magistrate shall be entitled to a review of the order, whether by appeal or otherwise, in the same manner as if taken from an order issued by a judge of the court; except, that any person aggrieved by an adjudication of contempt by the magistrate shall be entitled to a review by a judge of the court within seventy-two (72) hours. The court shall, by rules of procedure, establish procedures for review of contempt and adjudications of the magistrate.

 (f) The magistrate shall be:

 (1) Governed by the commission on judicial tenure and discipline, chapter 16 of this title, in the same manner as justices and judges;

 (2) Subject to all provisions of the canons of judicial ethics;

 (3) Subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-7-2.

 (g) The provisions of this section shall be afforded liberal construction.

 

8-8-16.2. District court clerk/magistrate. -- (a) Any person who is a member of the bar of Rhode Island may be appointed district court clerk/magistrate by the chief judge in his or her capacity as administrative head of the court, subject to the advice and consent of the senate. The district court clerk/magistrate shall hold that office for a term of ten (10) years and until a successor is appointed and qualified. Nothing herein shall be construed to prohibit the assignment of the district court clerk/magistrate to more than one such term, subject to the advice and consent of the senate. The district court clerk/magistrate shall have the power to hear and determine any matters that may be assigned to the district court clerk/magistrate by the chief judge all to the same effect as if done by a judge of the district court, including, but not limited to, matters relating to the determination of, monitoring, collection and payment of restitution and court ordered fines, fees and costs or the ordering of community service in lieu of or in addition to the payment of restitution, fines, fees and costs, consistent with other provisions of the general laws. The clerk/magistrate may be assigned to hear and decide cases within the traffic tribunal.

 (b) The clerk/magistrate may be authorized:

 (1) To regulate all proceedings before him or her;

 (2) To do all acts necessary or proper for the efficient performance of his or her duties;

 (3) To require the production before him or her of books, papers, vouchers, documents and writings;

 (4) To rule upon the admissibility of evidence;

 (5) To issue subpoenas for the appearance of witnesses, to put witnesses on oath, to examine them and to call parties to the proceeding and examine them upon oath;

 (6) To adjudicate a person in contempt and to order him or her fined or to order him or her imprisoned for not more than seventy-two (72) hours, for failure to appear in response to a summons or for refusal to answer questions or produce evidence or for behavior disrupting a proceeding or other contempt of his or her authority; provided; however, that no such imprisonment shall occur prior to review by a judge of the court.

 (7) To adjudicate a person in contempt and to order him or her fined or to order him or her imprisoned for not more than seventy-two (72) hours, for failure to comply with a pending order to provide payment or to perform any other act; provided, however, that no such imprisonment shall occur prior to review by a judge of the court.

 (8) To issue a capias and/or body attachment for the failure of a party or witness to appear after having been properly served or given notice by the court and, should the court not be in session, the person apprehended may be detained at the adult correctional institutions, if an adult, or at the Rhode Island training school for youth, if a child, until the next session of the court;

 (9) To issue writs of habeas corpus to bring before him or her or a judge of the court any person in jail or in prison to be examined as a witness in a suit or proceeding, civil or criminal, pending before the court, or whose presence is necessary as a party or otherwise necessary so that the ends of justice may be attained, and for no other purpose; and

 (10) To issue warrants of arrest and search warrants to the same extent as an associate judge of the court.

 (c) Except as otherwise indicated, a party aggrieved by an order entered by the district court clerk/magistrate shall be entitled to a review of the order, whether by appeal or otherwise, in the same manner as if taken from an order issued by a judge of the court; except, that any person aggrieved by an adjudication of contempt by the district court clerk/magistrate shall be entitled to a review by a judge of the court within seventy-two (72) hours. The court shall, by rules of procedure, establish procedures for review of contempt and adjudications of the clerk/magistrate.

 (d) The district court clerk/magistrate shall:

 (1) Be governed by the commission on judicial tenure and discipline, pursuant to chapter 16 of this title, in the same manner as justices and judges;

 (2) Be subject to all provisions of the canons of judicial ethics;

 (3) Be subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-7-2.

 (4) Receive any salary that may be established by the unclassified pay board, that may be established by the state court administrator pursuant to section 8-15-4. The provisions of this section shall be afforded liberal construction.

 

SECTION 8. Sections 8-8.2-1, 8-8.2-2, 8-8.2-3, 8-8.2-4, 8-8.2-5, 8-8.2-6, 8-8.2-9, 8-8.2-10 and 8-8.2-17 of the General Laws in Chapter 8-8.2 entitled "Traffic tribunal" are hereby amended to read as follows:

 

8-8.2-1. Establishment -- Rule-making authority -- Adjudication of violations. -- (a) There is hereby established a traffic tribunal which shall be charged with the administration and adjudication of traffic violations within its jurisdiction. The traffic tribunal shall be under the supervision of the chief judge of the district court magistrate of the traffic tribunal, who shall be the administrative head of the traffic tribunal and shall have the power to make rules for regulating practice, procedure and business within the traffic tribunal. Pursuant to section 8-6-2, said rules shall be subject to the approval of the supreme court. Such rules, when effective, shall supersede any statutory regulation in conflict therewith. Any person who has been a member of the bar of Rhode Island may be appointed chief magistrate of the traffic tribunal. The chief magistrate of the traffic tribunal shall be appointed by the chief justice of the supreme court, with the advice and consent of the senate, for a period of ten (10) years and until a successor is appointed and qualified. Nothing contained herein shall be construed to prohibit the reappointment of the chief magistrate for one or more ten (10) year terms subject to the advice and consent of the senate. Compensation for the chief magistrate shall be equal to that of an associate judge of the district court.

 (b) The judges and magistrates of the traffic tribunal shall hear and determine cases as provided by law. No district court judge appointed pursuant to chapter 8 of this title shall be assigned to perform duties of a judge or magistrate of the traffic tribunal under this chapter. The chief judge of the district court shall serve as the chief judge of the traffic tribunal. The chief judge magistrate of the district court traffic tribunal may appoint a judge or magistrate who is authorized to hear and decide cases in the traffic tribunal to serve as administrative judge or magistrate of the traffic tribunal and the administrative or judge magistrate shall perform such administrative duties as may be delegated to him or her by the chief judge magistrate.

 (c)(i) Those judges of the administrative adjudication court in active service on July 1, 1999 shall serve within the traffic tribunal. Whenever the total number of judges and magistrates in the traffic tribunal shall be less than seven (7), the chief judge magistrate of the district court traffic tribunal, with the advice and consent of the senate, may, as needed, assign a duly qualified member of the bar of this state to act as a magistrate to fill such vacancy and shall submit his or her name to the senate for confirmation; provided,  however, that in the event of a vacancy in the position of chief magistrate, the chief justice of the supreme court shall appoint a successor in accordance with subsection 8-8.2-1(a). Any magistrate assigned under this section shall serve a term of eight (8) ten (10) years and until a successor is appointed and qualified, and shall be in the unclassified service of the state. Nothing herein shall be construed to prohibit the assignment of a magistrate to more than one such term, subject to the advice and consent of the senate. Compensation for any such magistrate shall be determined by the unclassified pay plan board determined by the chief magistrate of the traffic tribunal subject to appropriation by the general assembly but in no event shall the compensation be equal to or more than that of an associate judge of the district court. Magistrates of the traffic tribunal shall participate in the state retirement system in the same manner as all members of the unclassified service.

(ii) If any judge of the traffic tribunal shall retire, or a vacancy becomes available through death, disability or any other reason, the position shall be filled by a magistrate consistent with the provisions of this section.

 (d) Each judge and magistrate of the traffic tribunal shall devote full time to his or her judicial duties, except as may be otherwise provided by law. He or she shall not practice law while holding office, nor shall he or she be a partner or associate of any person in the practice of law.

 (e) Judges and magistrates of the traffic tribunal shall be subject to the provisions of R.I. Const. Art. XI; to the code of judicial conduct or successor code promulgated by the supreme court of this state, to the jurisdiction of the Commission on Judicial Tenure and Discipline in accordance with chapter 16 of this title; and to the administrative authority and control of the chief justice of the supreme court in accordance with chapter 15 of this title, except that section 8-15-3 and 8-15-3.1 shall not apply to judges and/or magistrates of the traffic tribunal.

 (f) The traffic tribunal shall be a tribunal of record and shall have a seal with such words and devices as it shall adopt.

 (g) Judges and magistrates of the traffic tribunal shall have the power to administer oaths and affirmations.

 (h) Administrative/supervisory officials. - (1) There shall be an assistant to the administrative judge or magistrate of the traffic tribunal who shall be appointed by and serve at the pleasure of the chief judge magistrate and who shall perform such clerical and administrative duties as may be assigned to him or her by the chief judge of the district court magistrate of the traffic tribunal and the administrative judge or magistrate of the traffic tribunal. The assistant to the administrative judge or magistrate shall have the power to administer oaths and affirmations within the state.

 (2) There shall be a clerk of the traffic tribunal who shall be appointed by and serve at the pleasure of the chief judge of the district court magistrate of the traffic tribunal; provided, however, that, effective July 1, 1999, the first clerk of the traffic tribunal shall be that person holding the position of administrator/clerk of the administrative adjudication court as of May 1, 1998, and that person shall hold office for the balance of a term of twelve (12) years which began on September 1, 1992, without the necessity of appointment by the governor or advice and consent of the senate. The clerk of the traffic tribunal shall exercise his or her functions under the direction and control of the chief judge magistrate of the district court traffic tribunal and the administrative judge or magistrate or of the traffic tribunal. The clerk of the traffic tribunal shall have the power to administer oaths and affirmations within the state.

 (i) Clerical Personnel/Court Recorders. - (1) The chief judge of the district court magistrate of the traffic tribunal shall appoint deputy clerks and assistance clerks for the traffic tribunal to serve at his or her pleasure. All such clerks may administer oaths and affirmations within the state.

 (2) The chief judge of the district court magistrate of the traffic tribunal shall appoint sufficient court recorders to enable all proceedings to be recorded by electronic means and who shall assist in such other clerical duties as may be prescribed from time to time by the chief judge of the district court  magistrate of the traffic tribunal.

 (3) The chief judge of the district court magistrate of the traffic tribunal shall employ such clerical assistants in addition to deputy clerks as may be required in the traffic tribunal to perform clerical duties.

 

8-8.2-2. Jurisdiction. -- (a) Notwithstanding any inconsistent provision of law, all probationary license hearings as provided in section 31-10-26, all violations of the department of transportation, department of environmental management or board of governors for higher education regulations regarding parking, standing, or stopping in areas under the jurisdiction of said agencies, all violations of state statutes relating to motor vehicles, littering and traffic offenses, except those traffic offenses committed in places within the exclusive jurisdiction of the United States, and except driving so as to endanger resulting in death, driving so as to endanger resulting in personal injury, driving while under the influence of liquor or drugs, driving while under the influence of liquor or drugs resulting in death, driving while under the influence of liquor or drugs resulting in serious bodily injury, reckless driving and other offenses against public safety as provided in section 31-27-4, eluding a law enforcement officer with a motor vehicle in a high speed pursuit, driving after denial, suspension or revocation of license, and leaving the scene of an accident in violation of section 31-26-1 and section 31-26-2, and driving without the consent of the owner and possession of a stolen motor vehicle in violation of section 31-9-1 and section 31-9-2, shall be heard and determined by the traffic tribunal pursuant to the regulations promulgated by the chief judge of the district court magistrate of the traffic tribunal; provided, however, the traffic tribunal shall not hear any parking, standing or stopping violations which occur in any city or town which has established its own municipal court and has jurisdiction over such violations. Nothing contained herein shall abrogate the powers of the Rhode Island family court under the provisions of chapter 1 of title 14.

 (b) Notwithstanding any inconsistent provision of law, the traffic tribunal shall have concurrent jurisdiction to hear and determine, pursuant to rules and regulations promulgated by the chief judge of the district court magistrate of the traffic tribunal, all violations of any ordinances, rules and regulations governing the public waters and the speed, management and control of all vessels and the size, type and location and use of all anchorages and moorings within the jurisdiction of the towns of North Kingstown, South Kingstown, Portsmouth, Middletown, Narragansett and Tiverton enforced and supervised by the harbormaster and referred to the traffic tribunal, and the terms "traffic violations" and "traffic infraction" when used in this chapter shall include the aforesaid violations and such violations shall be adjudicated in accordance with the provisions of this chapter. Nothing contained herein shall abrogate the powers of the Rhode Island coastal management council under the provisions of chapter 23 of title 46.

 

8-8.2-3. Collection authority -- Contempt. -- (a) A judge or magistrate shall have the authority to enforce the judgments of the tribunal as authorized by law. The procedure for the collection of costs and fines shall generally follow the course of the collection of civil judgments pursuant to chapters 17 and 28 of title 9 to the extent applicable. A judge or magistrate shall not issue a body attachment for any judgment entered prior to the effective date of this section. All peace officers authorized by the law shall exercise the powers of a constable for purposes of making service of any writ or notice issued by the traffic tribunal pursuant to this collection procedure, including the execution of a body attachment. In the event that a body attachment is executed, the detainee must be brought before a judge or magistrate, or if the traffic tribunal is not in session before a justice of the peace authorized pursuant to section 12-10-2 immediately upon detention or as soon thereafter as is reasonably practicable. The amount of fees and fines due to the traffic tribunal shall be noted on a body attachment issued pursuant to this procedure, and a justice of the peace shall accept said monies and order the release of the detainee if the amount due is tendered. If the detainee claims an inability to pay the full amount due, the justice of the peace shall order the release of the detainee pursuant to reasonable bail. The chief judge of the district court magistrate of the traffic tribunal shall issue rules and regulations for the collection process consistent with this section.

 (b) A judge or magistrate of the traffic tribunal may adjudicate a person in willful contempt and order him or her fined up to a maximum of five hundred dollars ($500) for each separate offense. Provided further that, if the judge or magistrate determines that the person is unable to pay the fine or judgment, he or she may order partial payments or establish a payment schedule for the payment of the fine or judgment.

 

8-8.2-4. Subpoena. -- (a) The traffic tribunal through its judges, magistrates and clerks is hereby authorized and empowered to summon defendants and issue subpoenas to the same extent as they may be issued by the district court in civil cases in such forms as may be prescribed by rules promulgated by the chief judge of the district magistrate of the traffic tribunal pursuant to section 8-6-2.

 (b) Notaries public and justices of the peace may issue subpoenas returnable before the traffic tribunal to the same extent that they are authorized to do so in civil cases pending before the district court.

 

8-8.2-5. Security officers -- Powers. -- (a) All full time security officers employed by the traffic tribunal shall have the same immunities and may exercise all powers of sheriffs, city and town police officers, and constables when the security officers are enforcing the laws of this state, and all rules and regulations of the traffic tribunal upon the lands and buildings owned or occupied by the traffic tribunal upon streets and highways immediately adjacent to those lands or when in attendance with a judge or magistrate.

 (b) All security officers shall be required to attend the Rhode Island municipal police academy for a period of forty (40) hours for the purpose of training in law enforcement.

 (c) When any person is suspected of having committed a felony the superintendent of state police shall be notified following the suspected felon's arrest.

 (d) When acting as a constable with the authorization of the Chief Judge Magistrate, he or she may exercise all powers under Rhode Island sections 8-8-12(10) and 8-8-23.

 

8-8.2-6. Retirement of judges on reduced pay. -- (a) Whenever any person engaged as a judge on or before July 2, 1997, has served as a judge of the administrative adjudication court or as a judge of the administrative adjudication court who is reassigned by this chapter to the traffic tribunal for twenty (20) years, or has so served for ten (10) years and has reached the age of sixty five (65) years, the judge may retire from active service and, thereafter, the judge shall receive annually during life a sum equal to three fourths (3/4) of the annual salary that the judge was receiving at the time of retirement; provided, however, any person who has served for twenty (20) years and has reached the age of sixty five (65) years, or has so served for fifteen (15) years and reached the age of seventy (70) years, may retired from active service and, thereafter, the judge shall receive annually during his or her life a sum equal to the annual salary he or she was receiving at the time of his or her retirement. In determining eligibility under this section, any judge who has served within the judiciary or as a hearing officer or administrative law judge, may include such service as if the service had been on the administrative adjudication court and shall be included under the provisions of section 36-9-5.

 (b) Any judge who shall retire in accordance with the provisions of this section may at his or her request, and at the direction of the chief justice of the supreme court subject to the retiree's physical and mental competence, be assigned to perform such services as a judge or magistrate in the traffic tribunal as the chief judge of the district court magistrate of the traffic tribunal or the chief justice shall prescribe. When so assigned and performing that service, he or she shall have all the powers and authority of a judge or magistrate. A retired judge shall not be counted in the number of magistrates provided by law for the traffic tribunal nor shall he or she receive any further emolument other than his or her retirement pay for the performance of the aforesaid services.

 

8-8.2-9. Retirement of judges on reduced pay. -- (a) Whenever any person first engaged as a judge subsequent to July 2, 1997, has served as a judge of the administrative adjudication court or as a judge of the administrative adjudication court who is reassigned by this chapter to the traffic tribunal for twenty (20) years, or has so served for ten (10) years and has reached the age of sixty five (65) years, the judge may retire from active service and, thereafter, the judge shall receive annually during life a sum equal to three fourths (3/4) of his or her average highest three (3) consecutive years of compensation; provided, however any such person who has served twenty (20) years and has reached the age sixty five (65) or has served fifteen (15) years and has reached the age of seventy (70) years, may retire from active service and, thereafter, the judge shall receive annually during life a sum equal to his or her average highest three (3) consecutive years of compensation. In determining eligibility under this section, any judge who has served within the judiciary or as a hearing officer or administrative law judge, may include such service as if the service had been on the administrative adjudication court and shall be included under the provision of section 36-9-5.

 (b) Any judge who shall retire in accordance with the provisions of this section may at his or her own request, and at the direction of the chief justice of the supreme court subject to the retiree's physical and mental competence, be assigned to perform such services as a magistrate in the traffic tribunal as the chief judge magistrate or chief justice shall prescribe. When so assigned and performing that service, he or she shall have all the powers and authority of a magistrate. A retired judge shall not be counted in the number of magistrates provided by law for the division of traffic adjudication nor shall he or she receive any further emolument other than his or her retirement pay for the performance of the aforesaid services.

 

8-8.2-10. No incremental retirement benefit for temporary service as chief justice, presiding justice or chief judge. – No incremental retirement benefit for temporary service as chief justice, presiding justice or chief judge or chief magistrate. --  No increment in salary resulting from the application of personnel rule 4.0217 or any other or successor rule or regulation providing for an increment in salary for temporary service as chief justice, presiding justice or chief judge magistrate shall be construed to add to the annual salary of a judicial officer for purposes of retirement under section 8-8.2-6 or section 8-8.2-9.

 

8-8.2-17. Continued service. -- Any person appointed as magistrate of the traffic tribunal pursuant to the provisions of P.L. 1998. ch. 91, article 2, shall continue to serve in such capacity in the traffic tribunal for a term of eight (8) years from the date of his or her appointment and shall be governed by the provisions of section 8-8.2-1, as enumerated in article 4 of this act and as amended.

 

SECTION 9. Sections 8-10-3, 8-10-3.1 and 8-10-3.2 of the General Laws in Chapter 8-10 entitled "Family Court" are hereby amended to read as follows:

 

8-10-3. Establishment of court -- Jurisdiction -- Seal -- Oaths -- Masters. – Establishment of court – Jurisdiction – Seal – Oaths. -- (a) There is hereby established a family court, consisting of a chief judge and eleven (11) associate justices, to hear and determine all petitions for divorce from the bond of marriage and from bed and board; all motions for allowance, alimony, support and custody of children, allowance of counsel and witness fees, and other matters arising out of petitions and motions relative to real and personal property in aid thereof, including, but not limited to, partitions, accountings, receiverships, sequestration of assets, resulting and constructive trust, impressions of trust, and such other equitable matters arising out of the family relationship, wherein jurisdiction is acquired by the court by the filing of petitions for divorce, bed and board and separate maintenance; all motions for allowance for support and educational costs of children attending high school at the time of their eighteenth (18th) birthday and up to ninety (90) days after high school graduation, but in no case beyond their nineteenth (19th) birthday; enforcement of any order or decree granting alimony and/or child support, and/or custody and/or visitation of any court of competent jurisdiction of another state; modification of any order or decree granting alimony and/or custody and/or visitation of any court of competent jurisdiction of another state on the ground that there has been a change of circumstances; modification of any order or decree granting child support of any court of competent jurisdiction of another state provided: (1) the order has been registered in Rhode Island for the purposes of modification pursuant to section 15-23.1-611, or (2) Rhode Island issued the order and has continuing exclusive jurisdiction over the parties; antenuptial agreements, property settlement agreements and all other contracts between persons, who at the time of execution of the contracts, were husband and wife or planned to enter into that relationship; complaints for support of parents and children; those matters relating to delinquent, wayward, dependent, neglected, or children with disabilities who by reason of any disability requires special education or treatment and other related services; to hear and determine all petitions for guardianship of any child who has been placed in the care, custody, and control of the department for children, youth, and families pursuant to the provisions of chapter 1 of title 14 and chapter 11 of title 40; adoption of children under eighteen (18) years of age; change of names of children under the age of eighteen (18) years; paternity of children born out of wedlock and provision for the support and disposition of such children or their mothers; child marriages; those matters referred to the court in accordance with the provisions of section 14-1-28; those matters relating to adults who shall be involved with paternity of children born out of wedlock; responsibility for or contributing to the delinquency, waywardness, or neglect of children under sixteen (16) years of age; desertion, abandonment, or failure to provide subsistence for any children dependent upon such adults for support; neglect to send any child to school as required by law; bastardy proceedings and custody to children in proceedings, whether or not supported by petitions for divorce or separate maintenance or for relief without commencement of divorce proceedings; and appeals of administrative decisions concerning setoff of income tax refunds for past due child support in accordance with sections 44-30.1-5 and 40-6-21. The holding of real estate as tenants by the entirety shall not in and of itself preclude the family court from partitioning real estate so held for a period of six (6) months after the entry of final decree of divorce.

 (b) The family court shall be a court of record and shall have a seal which shall contain such words and devices as the court shall adopt.

 (c) The judges and clerk of the family court shall have power to administer oaths and affirmations.

 (d) The chief judge of the family court is hereby empowered to appoint experienced members of the Rhode Island bar as masters for the purpose of assisting the family court in matters pertaining to delinquent support payments and the taking of testimony in conducting all hearings relative to responsible persons who are not living up to their support obligations. The chief judge of the family court is also authorized to appoint masters in related matters pertaining to the collection of delinquent support payments from these responsible persons.

(e) (d) The family court shall have exclusive initial jurisdiction of all appeals from any administrative agency or board affecting or concerning children under the age of eighteen (18) years and appeals of administrative decisions concerning setoff of income tax refunds, lottery set offs, insurance intercept, and lien enforcement provisions for past due child support, in accordance with sections 44-30.1-5 and 40-6-21, and appeals of administrative agency orders of the department of human services to withhold income under chapter 16 of title 15.

 (f) (e) The family court shall have jurisdiction over those civil matters relating to the enforcement of laws regulating child care providers and child placing agencies.

 (g) (f) The family court shall have exclusive jurisdiction of matters relating to the revocation or nonrenewal of a license of an obligor due to noncompliance with a court order of support, in accordance with chapter 11.1 of title 15.

 [See section 12-1-15 of the General Laws.]

 

8-10-3.1. Magistrates -- Appointment, duties, and powers. -- (a) The chief judge of the family court may appoint magistrates, with the advice and consent of the senate, to assist the court in the conduct of its business. A person appointed to serve as a magistrate shall be a member of the bar of Rhode Island. The powers and duties of magistrates shall be prescribed in the order appointing them.

 (b) In addition, the chief judge of the family court may appoint magistrates to assist the court in the enforcement and implementation of chapter 23.1 of title 15, and to assist the family court in matters pertaining to hearings in accordance with section8-10-4, chapter 1 of title 14, chapter 8 of title 15, chapter 11 of title 40, and chapter 5 of title 40.1. The magistrate will be empowered to hear all motions, pretrial conferences, arraignments of juvenile offenders, probable cause hearings, and review of all such matters, including but not limited to, the temporary placement, custody, disposition and adoption of children, and the taking of testimony in conducting all hearings relative thereto.

 (c) The magistrates shall serve at the pleasure of the chief judge a term of ten (10) years and until a successor is appointed and qualified and his or her powers and duties shall be prescribed in the order appointing him or her or in the rules of procedure of the family court. Nothing herein shall be construed to prohibit the assignment of a magistrate to more than one such term, subject to the advice and consent of the senate. The special magistrates may be authorized:

 (1) To regulate all proceedings before him or her;

 (2) To do all acts and take all measures necessary or proper for the efficient performance of his or her duties;

 (3) To require the production before him or her of books, papers, vouchers, documents, and writings;

 (4) To rule upon the admissibility of evidence;

 (5) To issue subpoenas for the appearance of witnesses, to put witnesses on oath, to examine them, and to call parties to the proceeding and examine them upon oath;

 (6) To adjudicate a person in contempt and to order him or her imprisoned for not more than seventy-two (72) hours, pending review by a justice of the court, for failure to appear in response to a summons or for refusal to answer questions or produce evidence or for behavior disrupting a proceeding;

 (7) To adjudicate a party in contempt and to order him or her imprisoned for not more than seventy-two (72) hours, pending review by a justice of the court, for failure to comply with a pending order to provide support or to perform any other act; and

 (8) To issue a capias and/or body attachment upon the failure of a party or witness to appear after having been properly served and, should the family court not be in session, the person apprehended may be detained at the adult correctional institution, if an adult, or at the Rhode Island training school for youth, if a child, until the next session of the family court.

 (d) A party aggrieved by an order entered by a magistrate shall be entitled to a review of the order by a justice of the family court. Unless otherwise provided in the rules of procedure of the family court, such review shall be on the record and appellate in nature. The family court shall by rules of procedure establish procedures for review of orders entered by a magistrate, and for enforcement of contempt adjudications of a magistrate.

 (e) Final orders of the family court entered in a proceeding to review an order of a magistrate may be appealed to the supreme court.

 (f) The magistrates shall be empowered to hear de novo all applications for income withholding pursuant to chapter 16 of title 15 and appeals of administrative agency orders of the department of human services to withhold income under chapter 16 of title 15.

 (g) The magistrates shall be empowered to hear all matters relating to the revocation or nonrenewal of a license of an obligor due to non-compliance with a court order of support, in accordance with chapter 11.1 of title 15.

 (h) The magistrates may be authorized by the chief judge to hear those matters on the domestic abuse prevention calendar and the nominal calendar.

 [See section12-1-15 of the General Laws.]

 

8-10-3.2. General magistrate of the family court. -- (a) There is hereby created within the family court the position of general magistrate of the family court who shall be appointed by the governor chief judge of the family court with the advice and consent of the senate for a life term of ten (10) years and until a successor is appointed and qualified. Nothing herein shall be construed to prohibit the assignment of the general magistrate to more than one such term, subject to the advice and consent of the senate.

 (b) The general magistrate shall be an attorney at law and a member in good standing of the Rhode Island bar. with a minimum of ten (10) years experience as a general magistrate in the Rhode Island family court.

 (c) The primary function of the general magistrate shall be the enforcement of child support decrees, orders, and law relative to child support. The general magistrate shall have all the authority and powers vested in magistrates by virtue of sections 8-10-3, 8-10-3.1, 9-15-19, 9-15-21, 9-14-26, 9-18-8, 9-18-9, and 36-2-3, and any other authority conferred upon magistrates by any general or public law or by any rule of procedure or practice of any court within the state.

 (d) The chief justice of the supreme court with the agreement of the chief judge of the family court may specially assign the general magistrate to perform judicial duties within any court of the unified judicial system in the same manner as a judge may be assigned pursuant to chapter 15 of this title; provided, however, that the general magistrate may be assigned to the superior court subject to the prior approval of the presiding justice of the superior court. When the general magistrate is so assigned he or she shall be vested, authorized, and empowered with all the powers belonging to the justices magistrates of the court to which he or she is specially assigned.

 (e) The general magistrate shall:

 (1) Receive all credits and retirement allowances as afforded justices under chapter 3 of this title and any other applicable law;

 (2) Be governed by the commission on judicial tenure and discipline, chapter 16 of this title, in the same manner as justices and workers' compensation judges;

 (3) Be entitled to a special license plate under section 31-3-47;

 (4) Receive a salary equivalent to that of a district court judge and shall be subject to the unclassified pay plan board;

 (5) Be subject to all the provisions of the canons of judicial ethics; and

 (6) Be subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-7-2.

 (f) The provisions of this section shall be afforded liberal construction.

 

SECTION 10. Section 8-15-3.1 of the General Laws in Chapter 8-15 entitled "Court Administration" is hereby amended to read as follows:

 

8-15-3.1. Chief justice -- Power to assign judges. – Chief justice – Power to assign magistrates. -- The Chief justice of the supreme court has the power to assign any magistrate of the superior court, family court, and/or district court to any court of the unified judicial system with the consent of the presiding justice and/or chief judge of the relevant courts. in the same manner as a judge may be assigned pursuant to chapter 15 of this title. When a magistrate is so assigned, he or she shall be vested, authorized, and empowered with all the powers belonging to the justices and/or magistrates of the court to which he or she is specially assigned.

 

SECTION 11. The general assembly hereby requires the governor to submit, as part of his FY 2009 budget, necessary legislation to create a department of advocacy, with an effective date of no sooner than July 1, 2008, and no later than January 1, 2009.

The governor shall consult with the child advocate, mental health advocate, commission on deaf and hard of hearing, development disabilities council, and the commission on disabilities in developing the department.

The department shall include the child advocate, mental health advocate, commission on deaf and hard of hearing, developmental disabilities council, and the commission on disabilities.

The governor with advice and consent of the senate shall appoint the child advocate and the mental health advocate, as detailed in existing statutes. All agencies combined into this new department shall maintain existing duties as set forth in current law.

The department shall consolidate communications, and overhead expenditures.

 

SECTION 12.  Public Law 1997, Chapter 30, Article 25, Section 1 is hereby deleted in its entirety.

 

SECTION 1. There is hereby created a Program to be known as the Boards for Design Professionals, hereafter referred to as the "Program".

(a) The Program shall consist of the board of registration for professional engineers, board of registration for professional land surveyors, board of examination and registration of architects, and board of examiners of landscape architects.

(b) The purpose of the Program is to combine the resources of the four (4) boards within the Program in a cooperative venture to provide for more efficient operations.

(c) The boards shall retain their respective statutory authority pursuant to sections 5-1-5, 5-51-2, 5-8-8, and 5-8.1-4 of the general laws and any other applicable legal authority, notwithstanding their inclusion in the Program created by this article.

 

SECTION 13. (a) There shall be created within the department of business regulation, no later than January 1, 2008, a division to be known as the division of design professionals.

(1) The division shall consist of the membership of the board of registration for professional engineers, board of professional land surveyors, board of examination and registration of architects, and the board of examiners of landscape architects.

(2) The purpose of the division is to combine the four (4) boards into a single division to provide for more efficient operation.

(3) The boards shall retain their respective statutory authority pursuant to sections 5-1-5, 5-8-8, 5-8.1-4 and 5-51-2 of the general laws and any other applicable legal authority notwithstanding their inclusion in the division created by this article.

(4) The department of business regulation shall provide suitable and adequate space for the division.

(5) The division shall consist of members of each board as presently constituted; provided, however, that each board shall be entitled to cast two (2) votes regardless of the number of members of each board. The governor shall appoint a chairman of the division from a member of one of the boards for a period of five (5) years. The governor's choice of chairman for each five (5) year successive period shall rotate among the members of the remaining boards so that a member of each board shall serve as chairman once every fourth successive period. There shall be no compensation for the members and the chairman of the division.

(6) There shall be no new appointments to any of the boards until such time as it is necessary to maintain the membership of each board at two (2) members.

 

SECTION 14. The general assembly hereby requires the governor to submit as part of his FY 2009 budget necessary recommended legislation to create a department of public safety, with an effective date no sooner than July 1, 2008 and no later than January 1, 2009. The director of the department shall be the superintendent of the state police who shall be appointed by the governor with the advice and consent of the senate.

The department shall include the state police, E-911 emergency telephone system division, the state fire marshal who shall be appointed by the governor with the advice and consent of the senate, fire safety code board of appeal and review, justice commission, municipal police training academy, sheriffs and capital police.

The department shall consolidate communications, training facilities and training among the divisions.

 

SECTION 15.  Sections 11-47-17 and 11-47-17.1 of the General Laws in Chapter 11-47 entitled “Weapons” are hereby amended to read as follows:

 

11-47-17. Qualifications required of law enforcement officers appointed after June 17, 1959. – Except as provided in § 11-47-15.3, all law enforcement officers of this state and its political subdivisions whose permanent appointment shall take place after June 17, 1959, will be required to qualify with the pistol or revolver with which they are armed prior to their permanent appointment, that qualification to be the same as that required in § 11-47-15. Constables, special officers, and all law enforcement officers who by law are authorized to carry side-arms and whose appointments are made on a recurring basis will be required to qualify not later than one year following the date of enactment of this section, and their commissions or warrants will be plainly marked or stamped "QUALIFIED WITH PISTOL OR REVOLVER" and will be signed and dated by the certifying authority attesting to that fact. The failure of any law enforcement officer to qualify under the provisions of this section revokes his or her privilege of carrying a pistol or revolver, whether concealed or not, on or about his or her person. All law enforcement officers of this state and its political subdivisions will repeat this qualification at periods of not more than one year, except for correctional officers who must repeat this qualification every two (2) years.

 

11-47-17.1. Mandatory or discretionary nature of § 11-47-15.1 requirements – Qualification reports to be filed. – (a) All law enforcement officers of this state and its political subdivisions, whose permanent appointment shall take place later than June 6, 1970, shall be required to qualify with the pistol or revolver with which they are armed prior to their permanent appointment, that qualification to be as required in §§ 11-47-15.1 and 11-47-15.3. All permanent appointed law enforcement officers of this state and its political subdivisions who are required to qualify under § 11-47-17 may, at the discretion of the officer, qualify under either § 11-47-15, 11-47-15.1 or 11-47-15.3. The failure of any law enforcement officer to qualify under the provisions of this section revokes his or her privilege of carrying a pistol or revolver, whether concealed or not, on or about his or her person. Qualification under this section will be required at periods of not more than one year, except for correctional officers who must repeat this qualification every two (2) years.

(b) Copies of all of the qualification reports shall be filed with the office of the attorney general.

 

SECTION 16. Section 8 of this article shall take effect August 1, 2007. The remainder of this article shall take effect upon passage.

 

ARTICLE 4 SUBSTITUTE A AS AMENDED

 

RELATING TO E-911 EMERGENCY TELEPHONE SYSTEM

 

SECTION 1.  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 GIS and Technology Fund also includes programs and funding to create system redundancy, fund the construction of a new E-911 facility, and operate and maintain other state-of-the-art equipment technology in public safety agencies.

   (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 § 42-11-10(g)(3); and

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

(3) Operate and Mmaintain other state-of-the-art equipment technology in public safety agencies; and.

(4) Fund the construction of a new E-911 facility. 

(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 § 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 at the rate set forth in section 44-1-7 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). Beginning July 1, 2007, the surcharge shall be deposited in the general fund as general revenues to pay any and all costs associated with the provisions of subsection (c). The GIS and Technology Fund restricted receipt account shall be terminated June 30, 2008. 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 ($.26) per wireless phone, prepaid, cellular, telephony, Voice Over Internet Protocol (VoIP), satellite, computer, data or data only wireless lines or Internet communication or data instrument, device or means which has access to, connects with, activates or interfaces with or any combination of the above with the Rhode Island E-911 Uniform Emergency Telephone System per month and shall be in addition to the wireless surcharge charged under § 39-21.1-14. The twenty-six cents ($.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 division of taxation by the prepaid wireless telecommunication service provider under one of three (3) 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 division of taxation shall collect monthly from the wireless telecommunications service providers as defined in § 39-21.1-3 the amounts of the surcharge collected from their subscribers or prepaid customers. The division of taxation shall deposit such collections in an account maintained and administered by the Rhode Island 911 Emergency Telephone System in the general fund as general revenues for use in developing and maintaining the geographic information system database, creating system redundancy, funding the construction of a new E-911 facility and improving operating and maintaining other state-of-the-art equipment technology for public safety agencies. 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) Effective date. 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 § 39-21.1-3(11) providing communication services to enforce the provisions of this chapter.

 

SECTION 2. Sections 39-21.1-14 of the General Laws in Chapter 39-21.1 entitled "911 Emergency Telephone Number Act" are 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 section 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 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 at the rate set forth in section 44-1-7 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, section 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) [Deleted by P.L. 2006, ch. 246, art. 4, section 1_.

 

SECTION 3. Sections 44-1-2, 44-1-2, 44-1-7, 44-1-7, 44-1-7.1, 44-1-29, 44-1-31 and 44-1-32 of the General Laws in Chapter 44-1 entitled "State Tax Officials" are hereby amended to read as follows:

 

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) [Deleted by P.L. 2006, ch. 246, art. 38, section 10].

(5) To assess and collect the monthly surcharges that are collected by telecommunication services providers pursuant to section 39-21.1-14 and are remitted to the division of taxation.

(6) To audit, assess and collect all unclaimed intangible and tangible property pursuant to chapter 21.1 of title 33.

 

44-1-7. Interest on delinquent payments. [Effective until August 15, 2010.] -- (a) Whenever the full amount of any state tax or any portion or deficiency, as finally determined by the tax administrator, or any surcharge that is required to be remitted to the tax division pursuant to section 39-21.1-14, 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, or surcharge as referenced in this provision,  interest at the rate as determined in accordance with subsection (b) of this section, notwithstanding any general or specific statute to the contrary; provided, however, no interest or penalties shall be added to any deficiency resulting from imputed income from domestic partner healthcare benefits for tax years 2002 through 2004 provided the taxpayer files amended returns by August 15, 2006.

 (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.

 

44-1-7.1. Interest on overpayments. -- (a) Notwithstanding any general or specific statute to the contrary, overpayments of state taxes or surcharges that are remitted to the tax division in accordance with section 39-21.1-14, shall bear interest at the rate provided in section 44-1-7 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) Notwithstanding any general or specific statute to the contrary, overpayments of state taxes or surcharges that are remitted to the tax division pursuant to section 39-21.1-14, shall bear interest at the prime rate as defined in section 44-1-7.1(a) from the date the tax or the surcharge that is referenced in this provision was paid, or from the date including any extensions of the date the tax became due, whichever of the dates occurs later.

 (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.

 (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.

(e) If any overpayment of a surcharge referenced in subsection (b) of this section is refunded within ninety (90) days after notification of overpayment of the surcharge, no interest shall be allowed under this section on the overpayment.

 

44-1-29. Collection by writ of execution. -- (a) Whenever the full amount of any state tax or any portion or deficiency, as finally determined by the tax administrator, or any surcharge that is required to be remitted to the tax division pursuant to section 39-21.1-14 is paid within thirty (30) days after the tax or penalty becomes due and payable, the tax administrator, in addition to any other powers provided by law, may petition the sixth division of the district court for a writ of execution, setting forth the nonpayment of the tax, surcharge  or penalty; and the court shall immediately appoint a time for a hearing and cause a reasonable notice of the meeting to be given to the adverse party, and at the time and place of the return of the notice shall proceed summarily to hear the parties.

 (b) If upon the hearing it appears that the tax or, penalty, or surcharge that is required to be remitted to the tax division pursuant to section 39-21.1-14  is unpaid, the court shall immediately issue an execution for the collection of the tax or, penalty or surcharge, which shall run to the sheriffs, or their deputies, of the several counties of this state, and in which the officer making service of the execution shall be commanded to levy upon the property of the party as may be taken on execution, and the officer charged with the service of the execution shall serve the execution as commanded, and shall sell the property seized as property is sold when taken on execution in actions at law, or the court shall take other action as it may deem proper to enforce the payment of the tax by the appointment of the receiver of the property of the party or otherwise. A party aggrieved by a final order of the court may seek review of the order in the Supreme Court by writ of certiorari in accordance with the procedures contained in section 42-35-16.

 

44-1-31. Taxes and child support to be paid by electronic funds transfer. -- (a) The tax administrator is authorized to provide by rule for the payment of any tax, including employer taxes, by electronic funds transfer where the tax required to be paid in connection with the filing of any return, report or other document with the division of taxation exceeds ten thousand dollars ($10,000). Provided, in all instances where a taxpayer is required to pay employment taxes to the Internal Revenue Service by electronic funds transfer, the taxpayer shall pay Rhode Island income tax withheld by electronic funds transfer.

 (b) The tax administrator is authorized to provide by rule for the payment of child support and/or medical support received from any in-state, or interstate employers, making income withholdings, and from collections received from other state collection and disbursement units and foreign jurisdictions, by electronic funds transfer (EFT) when the child support and/or medical support is required to be paid in connection with a court or administrative order for support to the state's central collection and disbursement.

 (c) The tax administrator shall adopt rules and regulations necessary to implement this section including, but not limited to, rules and regulations:

 (1) Coordinating the filing of tax returns with the payment of taxes by electronic funds transfer; and the payment of child support,

 (2) Specifying the form, frequency, and content of electronic funds transfer messages and electronic date information in order to insure the proper receipt and crediting of the tax or child support payment.

 (d) Payment of personal income taxes by individuals is not subject to the provisions of subsection (a) of this section; provided, that employers' withholding of taxes is subject to the provisions of subsection (a) of this section.

(e) The tax administrator is authorized to provide by rule for payment of any surcharge that is required to be remitted to the tax division pursuant to section 39-21.1-14.

 

44-1-32. Hearing on application by taxpayer. -- Any taxpayer aggrieved by the action of the tax administrator in determining the amount of any tax, any surcharge that is required to be remitted to the tax division pursuant to section 39-21.1-14 or penalty for which a hearing is not provided may apply to the tax administrator, in writing, within thirty (30) days after notice of the assessment is mailed to the taxpayer, for a hearing relative to the tax or penalty. The tax administrator shall, as soon as practicable, fix a time and place for the hearing and shall, after the hearing, determine the correct amount of the tax, interest, and penalty.

 

SECTION 4. Section 44-53-1 of the General Laws in Chapter 44-53 entitled "Levy and Distraint" is hereby amended to read as follows:

 

44-53-1. Levy upon property. -- If any person liable to pay any tax or surcharge that is required to be remitted to the tax division pursuant to section 39-21.1-14 neglects or refuses to pay the tax within ten (10) days after demand, it shall be lawful for the tax administrator to collect the tax, and any further sum that is sufficient to cover the expenses of the levy, by levy upon all property and rights to property belonging to the person or on which there is a lien provided in this title or for the payment of the tax. If the tax administrator makes a finding that the collection of the tax is in jeopardy, notice and demand for immediate payment of the tax may be made by the tax administrator and, upon failure or refusal to pay the tax, collection of the tax by levy shall be lawful without regard to the ten (10) day period provided in this section.

 

SECTION 5.  This article shall take effect as of July 1, 2007.

 


ARTICLE 5 SUBSTITUTE A AS AMENDED

 

RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS

 

SECTION 1.      This article consists of Joint Resolutions that are submitted pursuant to Rhode Island General Laws §§ 35-18-1, et seq.

SECTION 2. Information Technology Improvements – Innovative Education.

WHEREAS, under Section 4 of Article 7 of the FY 2007 Appropriations Act the General Assembly approved the issuance of $49.9 million for Innovative Technology projects and,

WHEREAS, the language allocating funding for innovative education projects appears to allocate all $15,195,154 to the comprehensive education information system in the department of elementary and secondary education, when the intent of the issuance was to fund several innovative education projects in addition to this project, now, therefore be it

RESOLVED, that the General Assembly hereby approves the allocation of funds authorized in Section 4 of Article 7 of the FY 2007 Appropriations Act for innovative education as follows: $3,000,000 for the comprehensive education information system in the department of elementary and secondary education, $11,750,000 for the creative use of technology in higher education, and $445,154 for other innovative education projects

SECTION 3. Division of Motor Vehicles Computer System. Section 4 of  Article 7 of Chapter 246 of the 2006 Public Laws is hereby amended to read as follows:

WHEREAS, The computer systems that currently support the Division of Motor Vehicles are outdated and put the operations of 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 licenses 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 $46.9 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 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

There is hereby established a restricted receipt account within the Department of Administration to be called the Division of Motor Vehicles Registry Technology account to be used exclusively for debt service payments for the registry computer system. Notwithstanding the provision of Rhode Island General Law 35-4-27 indirect cost recoveries on restricted receipt accounts, no transfer or expenditure may be made for any purpose other than debt service.

RESOLVED, That the General Assembly hereby authorizes 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; which shall be deposited into the Division of Motor Vehicles Registry Technology account; 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 97) 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.

SECTION 4  Garrahy Courthouse Parking Project.

WHEREAS, given the current real estate marketplace, there is significant interest in mixed use developments within the City of Providence; and

WHEREAS, the Route I-195 relocation project is expected to cause significant disruption to the parking surrounding the Garrahy Courthouse, which is currently available for customers utilizing this facility and other buildings in the area; and

WHEREAS, the State needs to address the upcoming parking situation and can capture the significant increased value of the land caused by the current market demand for developable land in the City; and

WHEREAS, the State is prepared to entertain bids for a public private partnership to develop the land at the Garrahy Courthouse; and

WHEREAS, the intent is to partner with Rhode Island Housing and Mortgage Finance Corporation or another agency, if preferable, to establish a request for proposals (RFP) for a mixed use project consisting of parking, housing and retail; and 

WHEREAS, the State would sell the property next to the courthouse (currently a parking lot) to the quasi-public agency who would then issue an RFP for prospective developers.  The State would partner with the quasi-public agency to enter into a long term financial structure that would provide initial financial benefits for the State from the land sale and additional parking, and include provisions for long term revenues based on the upside potential of the project; now, therefore, be it

RESOLVED, That the State is authorized to enter into a long-term parking lease for court employees and other state employees, and develop a financing structure that would provide additional payments or other economic benefits or concessions to the State from the winning developer over a 20 to 30 year period; and be it further

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

SECTION 5.  Rhode Island Airport Corporation Revenue Bonds.

WHEREAS, the Rhode Island Economic Development Corporation is a public instrumentality of the State of Rhode Island (the "State"), created by the General Assembly pursuant to Rhode Island General Laws §§ 42-64-1 et seq. (as enacted, reenacted and amended, the "Act"); and

WHEREAS, the Act declares, in part, that new industrial, manufacturing, recreational, and commercial facilities are required to attract and house new industries and thereby reduce the hazards of unemployment; and that unaided efforts of private enterprises have not met and cannot meet the needs of providing those facilities due to problems encountered in assembling suitable building sites, lack of adequate public service, unavailability of private capital for development, and the inability of private enterprise alone to plan, finance, and coordinate industrial, recreational, and commercial development; and

WHEREAS, the Act further declares it to be the public policy of the state to furnish proper and adequate airport facilities within the state and to encourage the integration of these facilities so far as practicable; and

WHEREAS, in furtherance of these goals, it is the policy of the state to retain existing industries and to induce, encourage and attract new industries through the acquisition, construction, reconstruction and rehabilitation of industrial, manufacturing, recreational, and commercial facilities, as well as transportation, residential, environmental, utility, public service, institutional and civic and community facilities, and to develop sites for such facilities; and

WHEREAS, the Act has empowered the Rhode Island Economic Development Corporation to establish subsidiary corporations to exercise its powers and functions, or any of them, and, pursuant to such power, the Rhode Island Economic Development Corporation has established the Rhode Island Airport Corporation to plan, develop, construct, finance, manage, and operate airport facilities in the state; and

WHEREAS, the Act provides that the Rhode Island Airport Corporation shall have the power to purchase, take, receive, lease or otherwise acquire, own, hold, improve, use and otherwise deal in and with, real or personal property, or any interest therein, wherever situated; and

WHEREAS, the Act also provides that the Rhode Island Airport Corporation shall have the power to sell, mortgage, lease, exchange, transfer or otherwise dispose of or encumber any project, (or in the case of a sale, to accept a purchase money mortgage in connection therewith) or to grant options for any such purposes with respect to any real or personal property or interest therein, all of the foregoing for such consideration as the Rhode Island Airport Corporation shall determine.  Any lease by the Rhode Island Airport Corporation to another party may be for such part of the Rhode Island Airport Corporation's property, real or personal, for such period, upon such terms or conditions, with or without an option on the part of the lessee to purchase any or all of the leased property for such consideration, at or after the retirement of all indebtedness incurred by the Rhode Island Airport Corporation on account thereof, as the Rhode Island Airport Corporation shall determine; and

WHEREAS the Act authorizes the Rhode Island Economic Development Corporation to borrow money and issue bonds for any of its corporate purposes; and

WHEREAS, pursuant to Rhode Island General Laws Sections 35-18-3 and 35-18-4, the Rhode Island Economic Development Corporation has requested the approval of the General Assembly of the Rhode Island Economic Development Corporation's issuance of airport revenue bonds (the "Bonds") for the purpose of providing funds to the Rhode Island Airport Corporation for financing the various capital projects including but not limited to glycol facilities, runway and taxiway improvements, but not runway lengthening, obstruction removal, land acquisition, facility development and costs associated with environmental impact statements (the "2007 Airport Project") funding, capitalized interest, costs of issuing the Bonds and related costs, and the establishment of reserves for the project and the Bonds, including a debt service reserve fund; and

WHEREAS, the financing of the 2007 Airport Project will be accomplished through one or more loan agreements having the Rhode Island Airport Corporation as borrower, such agreement or agreements to require that the Rhode Island Airport Corporation make loan payments in an amount equal to the debt service on the Bonds.

RESOLVED, The General Assembly hereby approves the Rhode Island Economic Development Corporation's issuance of the Bonds.  The Bonds will be special obligations of the Rhode Island Economic Development Corporation payable exclusively from loan repayments under a loan agreement with the Rhode Island Airport Corporation and from Bond proceeds, funds, accounts, and properties and the proceeds thereof pledged therefor, and thus the Rhode Island Economic Development Corporation's maximum liability will be limited to loan repayments received under the loan agreement and the aggregate amount of such other funds, accounts, properties, and proceeds.

RESOLVED, that the total amount of debt approved to be issued in the aggregate shall be limited to not more than $93,440,000; provided that none of the funds are used to lengthen the runway.  Total debt service on the Bonds is not expected to exceed $7,076,500 annually and $207,795,000 in the aggregate based on an average interest rate of 6.00% and a 30-year maturity.

RESOLVED, The General Assembly hereby approves the Rhode Island Airport Corporation's entering into the loan agreements described above.  Payments under the loan agreements shall be derived exclusively from project revenues and such other proceeds, funds, accounts, projects and the proceeds thereof as the Rhode Island Airport Corporation may pledge therefor.

RESOLVED, None of the Bonds or the loan agreements shall constitute indebtedness of the State or a debt for which the full faith and credit of the State is pledged or a moral obligation thereof.

RESOLVED, That this resolution shall apply to Bonds issued within one (1) year of the date of passage of this resolution.

SECTION 6.  Economic Development Corporation—Purchase of Historic Tax Credits.

WHEREAS, the General Assembly finds that the State of Rhode Island tax credits earned pursuant to R.I.G.L. Chapter 44-33.2  (“Historic Tax Credits”) have had and continue to have the desired effect of stimulating, promoting and encouraging the redevelopment and reuse of historic structures in the State of Rhode Island for the general purpose of improving and enhancing the economic well being of the citizens of Rhode Island; and

WHEREAS, it is common practice for Historic Tax Credits to be sold to ultimate end users of such credits for an amount that is less than the face amount of the credits, after which the State of Rhode Island is still obligated to honor the Historic Tax Credits at their full face amount and to allow the ultimate end users to reduce their tax liabilities to the State of Rhode Island by such amount; and

WHEREAS, it is estimated that approximately $100,000,000 of Historic Tax Credits will be issued in fiscal year 2008; and

WHEREAS, the Rhode Island Economic Development Corporation (the “Corporation”) intends to acquire $60,000,000 in face amount of Historic Tax Credits in fiscal year 2008 for an expenditure of not more than $50,000,000, thereby resulting in a $10,000,000 savings to the State of Rhode Island in fiscal year 2008; and

WHEREAS, to continue the economic benefit of the Historic Tax Credits to the State of Rhode Island, but to reduce the cost to the State of the ultimate end use of the credits, the Corporation hereby requests the approval of the General Assembly for the Corporation to expend $50,000,000 to purchase Historic Tax Credits qualifying under R.I.G.L. sections 44-33.2-3(a) and (b) at a price not to exceed 83.33 cents for every dollar of such credits; now, therefore, be it

RESOLVED, that the Corporation is hereby authorized to conduct auctions, negotiate or otherwise determine the price of Historic Tax Credits qualifying under R.I.G.L. subsections 44-33.2-3(a) and 44-33.2-3(b) and is hereby authorized to purchase an amount not to exceed $50,000,000 at a price not to exceed 83.33 cents for each dollar of Historic Tax Credits purchased by the Corporation; provided however, that such purchases in the aggregate result in the purchase of at least $60,000,000 in face amount of Historic Tax Credits; and be it further

RESOLVED, that the Corporation must complete such auctions or negotiations by September 1, 2007 in order to communicate the results of this program to the participants in the Revenue Estimating Conference in November 2007; and be it further

 RESOLVED, that the Corporation is hereby authorized to enter into such agreements, contracts and other documents in furtherance of the aforesaid resolution, subject to the limitations set forth therein and upon such other terms and conditions as the Corporation shall deem in the best interests of the State of Rhode Island.

SECTION 7. Blackstone Valley Court House

WHEREAS, A need exists to provide better judicial service to northern Rhode Island residents; and

WHEREAS, Superior, Family and District Court cases held in satellite locations in  the Blackstone Valley were consolidated approximately fifteen years ago to the Garrahy Judicial Complex in downtown Providence due to a lack of staff and judicial resources; and

WHEREAS, The citizens and the Rhode Island Bar both opposed the consolidation of cases from the Blackstone Valley locations to Providence; and

WHEREAS, In calendar year 2006, the total filings/hearings that can be attributed to the Blackstone Valley range from 51,354 to 56,748 for an increase of twelve percent over seven years.  During this time period, Superior Court misdemeanors increased by twenty-nine percent and felonies by sixteen percent.  In District Court, misdemeanors increased by fourteen percent and felonies by thirty-six percent; and

WHEREAS, A significant number of businesses and industries either have relocated to the northern part of the state or expanded their facilities there, thus creating a greater demand for court services; and

WHEREAS, Bryant University, a growing community in northern Rhode Island, enrolls approximately 3,500 students, of which 2,200 live on campus.  The traffic, activity, and concentration of students have an impact particularly on local law enforcement; and

WHEREAS, Garrahy Judicial Complex was constructed with a projected daily occupancy of 1,500.  In recent years, the daily traffic has increased to around 3,000, almost twice the number the building was constructed to handle.  While the Judiciary has taken a number of steps to ameliorate the overcrowded conditions in this building by moving some of the functions to the new Kent County Courthouse, there are limitations to what can be done.  The construction of another courthouse in Providence County would significantly reduce the overcrowding in Garrahy; and

WHEREAS, The construction of a new Blackstone Valley Courthouse is critical to the state to ensure the continuing ability of the Judiciary to conduct and perform its operations in a functional and cost-efficient manner; and

WHEREAS, A site in the Town of Lincoln has been selected for the construction of a new Blackstone Valley Courthouse located on Route 246 at the intersection of Route 123, Jenkes Hill Road, just off Route 146.  The location is more specifically described as the northeast corner of Lot # 17 on Map #43 (a portion of the foregoing being utilized by the Community College of Rhode Island, Flanagan Campus) and a minor portion of the westerly side of the northwest corner of Lot #16 on Map #43 (a portion of the foregoing being utilized by the William M. Davies, Jr. Career & Technical High School); and

WHEREAS, A new Blackstone Valley Courthouse will contain at least twelve courtrooms and provide surface parking for 500 vehicles with an additional eighteen secured spaces allocated within the courthouse for judges and magistrates; and

WHEREAS, The Rhode Island Public Corporation Debt Management Act (G.L. 1956 section 35-18-1, et seq.) requires that the General Assembly provide its consent to the issuance of certain obligations; and

WHEREAS, The design, construction, and equipping of these improvements will be financed thorough Certificates of Participation, with an expected payback period of twenty years.  Financing the operation and maintenance of the new Blackstone Valley Courthouse will be included in the annual operating budget of the Rhode Island Judiciary; and

WHEREAS, The capital costs associated with the project are estimated to be $69,781,351.  The total issuance would be approximately $71 million with $69,781,351 deposited in the construction fund, and $1 million available to pay the associated costs of issuance.  Total lease payments over twenty years on the $71 million issuance are projected to be $113.94  million.  This assumes an average coupon of five percent.  The lease payments would be financed within the Department of Administration from general revenue appropriation and any other sources available to the agencies occupying the courthouse; now, therefore be it

RESOLVED, That this General Assembly of the State of Rhode Island and Providence Plantation hereby recognizes that the construction of a new Blackstone Valley Courthouse is critical to ensure that justice is administered in a safe and efficient manner; and be it further

RESOLVED, That this General Assembly hereby approves financing in an amount not to exceed $71 million for the provisions of a new Blackstone Valley Courthouse at the aforementioned site; and be it further

RESOLVED, That this Joint Resolution shall take effect immediately upon its passage by this General Assembly with funding to be included in the Governor's submission of the fiscal year 2009 Appropriations Act; and be it further

RESOLVED, That the Secretary of State be and he hereby is authorized and directed to transmit a duly certified copy of this resolution to the Governor.

SECTION 8.  This article shall take effect upon passage.

 

 


ARTICLE 6 SUBSTITUTE A AS AMENDED

 

RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2007

 

             SECTION 1.  Subject to the conditions, limitations and restrictions hereinafter contained in this article, 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 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 2007             FY 2007             FY 2007

                                                                                Enacted             Change              Final

Administration

Central Management

             General Revenues                                       1,545,276           (141,231)           1,404,045

             Federal Funds                                             346,196              (67,995)             278,201

             Restricted Receipts                                     70,029                54,863                124,892

                           Total - Central Management          1,961,501           (154,363)           1,807,138

Legal Services

             General Revenues                                       2,562,185           85,692                2,647,877

             Legal Support/DOT                                    108,503              6,001                  114,504

                           Total - Legal Services                    2,670,688           91,693                2,762,381

Accounts and Control  General Revenues               3,428,790           (38,084)             3,390,706

Budgeting General Revenues                                   2,456,351           (206,563)           2,249,788

Purchasing General Revenues                                 2,416,614           (97,977)             2,318,637

Auditing General Revenues                                      2,057,592           (322,439)           1,735,153

Human Resources

             General Revenues                                       12,314,199         (2,378,875)        9,935,324

             Federal Funds                                             815,083              1,145,830           1,960,913

             Restricted Receipts                                     647,390              (99,440)             547,950

             Other Funds                                               1,120,457           (357,281)           763,176

                           Total - Human Resources              14,897,129         (1,689,766)        13,207,363

Personnel Appeal Board General Revenues            102,849              7,770                  110,619

Facilities Management

             General Revenues                                       41,144,019         (1,978,829)        39,165,190

             Federal Funds                                             21,551,019         8,558,546           30,109,565

             Restricted Receipts                                     1,373,570           (88,231)             1,285,339

             Other Funds                                               1,541,649           (1,031,226)        510,423

                           Total – Facilities Management        65,610,257         5,460,260           71,070,517

Capital Projects and Property Management

             General Revenues                                       3,316,132           (224,378)           3,091,754

Information Technology

             General Revenues                                       17,584,582         3,304,850           20,889,432

             Federal Funds                                             7,076,403           412,242              7,488,645

             Restricted Receipts                                     1,440,855           20,271                1,461,126

             Other Funds                                               1,242,376           29,757                1,272,133

                           Total – Information Technology 27,344,216             3,767,120           31,111,336

 Library and Information Services

             General Revenues                                       1,077,872           17,854                1,095,726

             Federal Funds                                             1,355,677           (274,076)           1,081,601

             Restricted Receipts                                     1,500                  3,000                  4,500

             Total - Library and Information Services      2,435,049           (253,222)           2,181,827

Planning

             General Revenues                                       5,306,430           (695,814)           4,610,616

             Federal Funds                                             8,107,037           2,095,659           10,202,696

             Intermodal Surface  Transportation Funds

                           Federal Highway - PL Systems Planning      1,453,222   354,554        1,807,776

                           Air Quality Modeling                     20,800                         -                 20,800

                           Total - Planning                             14,887,489         1,754,399           16,641,888

Security Services General Revenues                        19,854,805         (169,238)           19,685,567

General

             General Revenues

                           Domestic Partners                                       -            20,000                20,000

                           Miscellaneous Grants                     626,750              -                         626,750

                           Torts – Courts                               400,000              118,000              518,000

                           Contingency Fund                          1,050,000           273,708              1,323,708

                           State Employees/Teachers Retiree Health

                                                                                9,475,125           (9,475,125)                     -

                           EDC – Urban Revitalization Fund Capital

                            Reserve                                        50,000                             -            50,000

                           Economic Development Corporation                                     -

                                                                                8,184,274           (200,000)           7,984,274

                           EDC – RI Airport Corporation Impact

                                                                                1,025,000           (20,480)             1,004,520

                           Economic Policy Council               300,000                           -            300,000

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

                           EDC EPScore                               1,500,000                        -            1,500,000

                           Police/Fire Incentive Pay                -                          675,000             675,000

                           Motor Vehicle Excise Tax Payment136,004,939      224,504              136,229,443

                           Property Valuation                         1,500,000           500,000              2,000,000

                           General Revenue Sharing Program

                                                                                65,159,670         (47,794)             65,111,876

                           Payment in Lieu of Tax Exempt Properties

                                                                                27,766,967                      -            27,766,967

                           Distressed Communities Relief Program      

                                                                                10,921,335         (767,149)           10,154,186

                           Resource Sharing and State Library Aid

                                                                                8,712,871                        -            8,712,871

                           Library Construction Aid               2,705,348           144,099              2,849,447

             Federal Funds                                             34,869                -                         34,869

             Restricted Receipts                                     1,283,347           212,650              1,495,997

             Rhode Island Capital Plan Funds

                           State House Renovations               830,000              118,928              948,928

                           State House Terrace Walls/South Stairs      -            24,081                24,081

                           Lead Mitigation                             200,000              (200,000)               -

                           Pastore Center Sewer Improvements          -           43,843 43,483   43,843 43,483

                            Elderly Affairs One Stop Elder Care 200,000          (200,000)           -

                          Chapin Health Laboratory              100,000              (99,864)             136

                            Cranston Street Armory                -                         781,453              781,453

                            Cannon Building                           150,000              29,381                179,381

                            Zambarano Building                      -                         151,333              151,333

                          Old State House                            100,000              (61,030)             38,970

                          State Office Building                      -                         417,138              417,138

                           Veterans Auditorium                      -                         794,143              794,143

                           Old Colony House                         -                         98,908                98,908

                           Washington County Government Center      -            239,317              239,317

                          William Powers Administration Building  500,000     142,401              642,401

                            Eisenhower House Repairs           -                         16,554                16,554

                           McCoy Stadium                      1,280,000                    -                      1,280,000

                           Varley Building                        100,000                    (100,000)           -

                           Fire Code Compliance – State Buildings

                                                                                500,000              (262,732)           237,268

                           Environmental Compliance             250,000              (7,946)               242,054

                          Fox Point Hurricane Barrier           50,000                (50,000)             -

                           Bio-Tech Training Lab Planning     -                         86,197                86,197

                           Total – General                             283,960,495       (6,380,842)        277,579,653

Debt Service Payments  

             General Revenues                                       89,129,461         (2,528,730)        86,600,731

             Federal Funds                                             1,177,854           -                         1,177,854

             Restricted Receipts                                     1,027,956           1,049,823           2,077,779

             Rhode Island Capital Plan Funds

                           MHRH Community Services Program        

                                                                                5,374,946                        -            5,374,946

                             MHRH Community Mental Health Program

                                                                                1,827,046           35,569                1,862,615

                             DEM  – Narragansett Bay Commission

                                                                                1,527,738                        -            1,527,738

                             Debt Service – CWFA                3,254,086           97,196                3,351,282

                             DEM Debt Service – Recreation

                                                                                8,340,854           (2,313,549)        6,027,305

                           DEM – Wastewater Treatment

                                                                                4,203,348           52,705                4,256,053

                           DEM – Hazardous Waste              2,340,378                        -            2,340,378

                           Water Resources Board                2,220,215           26,939                2,247,154

                           DOA – Third Rail Project – Quonset Point

                                                                                2,463,980           (398,859)           2,065,121

                           Airport Debt Service                     -                         2,500,000           2,500,000

             Intermodal Surface Transportation Funds

                           Transportation Debt Service          36,695,660         (788,847)           35,906,813

                           RIPTA Debt Service                     703,466              (19,313)             684,153

             Temporary Disability Insurance Fund

                          RIRBA - DLT – Temporary Disability Insurance

                                                                                45,586                             -            45,586

                           COPS - DLT Building – TDI         382,138                           -            382,138

                           Total - Debt Service Payments       160,714,712       (2,287,066)        158,427,646

Personnel Reform

             General Revenues Medical Insurance          (3,709,901)        3,709,901           -

             Federal Funds     Medical Insurance            (1,298,060)        1,298,060           -

             Restricted Receipts Medical Insurance        (264,858)           264,858                           -

Other Funds Medical Insurance                                (1,512,997)        1,512,997                         -

                           Total – Personnel Reform              (6,758,816)        (6,785,816)        -

State Employee Turnover 5.2%                              (36,491,395)      36,491,395               -                                         Grand Total – Administration                                   564,837,458       42,534,515         607,371,973

Business Regulation

Central Management General Revenues                 1,456,314           (231,514)           1,224,800

Banking and Securities Regulation

                           General Revenues                          2,822,483           (47,080)             2,775,403

Commercial Licensing and Racing & Athletics

             General Revenues                                        1,814,637           (261,888)           1,552,749

             Restricted Receipts                                     100,000              -                         100,000

                                        Total - Commercial Licensing and Racing and Athletics         

                                                                                1,914,637           (261,888)           1,652,749

Insurance Regulation

             General Revenues                                       4,684,990           348,414              5,033,404

             Federal Funds                                             -                         43,291                43,291

             Restricted Receipts                                     704,408              124,044              828,452

                           Total - Insurance Regulation           5,389,398           515,749              5,905,147

Board of Accountancy General Revenues               156,280              (10,072)             146,208                                           Grand Total - Business Regulation               11,739,112         (34,805)             11,704,307

Labor and Training

Central Management

             General Revenues                                       143,250              2,438                  145,688

             Restricted Receipts                                     385,212              143,151              528,363

                           Total - Central Management          528,462              145,589              674,051

Workforce Development Services

             General Revenues                                       258,600              (222,901)           35,669 35,699

             Federal Funds                                            15,789,182         2,128,172           17, 917,354

             Restricted Receipts                                     10,379,076         (3,748,569)        6,630,507

             Reed Act Funds

                             Rapid Job Entry                           931,277              19,085                950,362

                             Woonsocket NetworkRI Office

                                                                                55,000                89,607                144,607

                           Workforce Development               6,202,864           (1,672,090)        4,530,774

             Of the $5.6 million appropriated from Other Reed Act funds, $950,362 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; $144,607 may be used solely for netWORKri office renovations; and $4.5 million may be used solely for the administration of this state’s employment compensation law and public employment offices.

                           Total - Workforce Development Services

                                                                                33,615,999         (3,406,696)        30,209,303

Workforce Regulation and Safety

             General Revenues                                       2,860,748           521,475              3,382,223

Income Support

             General Revenues                                       3,137,593           121,355              3,258,948

             Federal Funds                                             12,820,503         3,685,543           16,506,046

             Restricted Receipts                                     1,616,416           144,381              1,760,797

             Temporary Disability Insurance Fund

                                                                                176,891,254       (3,580,306)        173,310,948

             Employment Security Fund                          213,398,437       (6,312,020)        207,086,417

                                        Total - Income Support    407,864,203       (5,941,047)        401,923,156

Injured Workers Services Restricted Receipts         10,508,769         654,541              11,163,310

Labor Relations Board    General Revenues             441,659              (87,404)             354,255

             Grand Total - Labor and Training                455,819,840       (8,113,542)        447,706,298

Department of Revenue

Director of RevenueGeneral Revenues                    488,750              (237,964)           250,786

Office of Revenue Analysis General Revenues         388,424              (388,424)           -

Lottery Division

             Lottery Funds                                             214,740,880       (7,208,108)        207,532,772

Property Valuation General Revenues                    669,726              (17,693)             652,033

Taxation

             General Revenues                                       18,374,247         (1,185,397)        17,188,850

             Federal Funds                                             1,188,260           (30,903)             1,157,357

             Restricted Receipts                                     813,368              (37,630)             775,738

             Motor Fuel Evasion Program                      42,732                41,829                84,561

             Temporary Disability Insurance                   875,361              (22,767)             852,594

                           Total – Taxation                            21,293,968         (1,234,868)        20,059,100

Registry of Motor Vehicles

             General Revenues                                       17,536,892         (513,648)           17,023,244

             Federal Funds                                             395,638              579,530              975,168

             Restricted Receipts                                     16,083                17                       16,100

             Total – Registry of Motor Vehicles              17,948,613         65,899                18,014,512

             Grand Total – Revenue                               255,530,361       (9,021,158)        246,509,203

Legislature

             General Revenues                                       32,219,892         1,253,005           33,472,897

             Restricted Receipts                                     1,451,733           (42,881)             1,408,852

                           Grand Total – Legislature              33,671,625         1,210,124           34,881,749

Lieutenant Governor General Revenues               963,012              (81,596)             881,416

State

Administration General Revenues                           1,741,391           (80,420)             1,660,971

Corporations General Revenues                              1,801,627           37,047                1,838,674

State Archives

             General Revenues                                       104,891              102,429              207,320

             Federal Funds                                             85,000                -                         85,000

             Restricted Receipts                                     486,355              (269,835)           216,520

                           Total - State Archives                    676,246              (167,406)           508,840

Elections

             General Revenues                                       1,278,170           292,326              1,570,496

             Federal Funds                                             1,931,890           (1,074,203)        857,687

                           Total – Elections                             3,210,060          (781,877)           2,428,183

State Library General Revenues                               700,499             (2,220)               698,279

Office of Civics and Public Information

             General Revenue                                         314,339              (110,533)           203,806

             Grand Total – State                                    8,444,162           (1,105,409)        7,338,753

General Treasurer

Treasury

             General Revenues                                       2,685,728           (260,943)           2,424,785

             Federal Funds                                             290,975              14,295                305,270

             Restricted Receipts                                     10,000                -                         10,000

              Temporary Disability Insurance Fund          303,834              9,641                  313,475

                           Total – Treasury                            3,290,537           (237,007)           3,053,530

State Retirement System

             State Employees' Retirement

                           Admin Expenses - State Retirement System

                                                                                5,660,755           730,465              6,391,220

                           Retirement - Treasury Investment Operations

772,474              160,283              932,757                                      Total - State Retirement System                  6,433,229           890,748              7,323,977

Unclaimed Property Restricted Receipts              16,657,676          2,815,727           19,473,403

RI Refunding Bond Authority General Revenues    55,770                 (15,150)             40,620

Crime Victim Compensation Program

             General Revenues                                       211,502              (14,106)             197,396

             Federal Funds                                             731,314              923,008              1,654,322

             Restricted Receipts                                     1,715,930           (88,963)             1,626,967

                           Total - Crime Victim Compensation Program           

                                                                                2,658,746           819,939              3,478,685

                           Grand Total – General Treasurer   29,095,958         4,274,257           33,370,215

Boards for Design Professionals

             General Revenues                                       390,153              (15,913)             374,240

Board of Elections

             General Revenues                                       2,516,239           1,168,753           3,684,992

             Federal Funds                                             818,900              3,104                 822,004

                           Grand Total - Board of Elections   3,335,139           1,171,857           4,506,996

Rhode Island Ethics Commission

             General Revenues                                       1,297,421           (69,190)             1,228,231

Office of Governor

             General Revenues                                       4,952,015           (270,414)           4,681,601

             Intermodal Surface Transportation Funds    92,129                (3,333)               88,796

                           Grand Total - Office of Governor 5,044,144            (273,747)           4,770,397

Public Utilities Commission

             General Revenues                                       743,985              (235,174)           508,811

             Federal Funds                                             88,567                11,286                99,853

             Restricted Receipts                                     6,080,429           128,274              6,208,703

                           Grand Total - Public Utilities Commission

                                                                                6,912,981           (95,614)             6,817,367

Rhode Island Commission on Women

                           General Revenues                          99,715                (692)                  99,023

Office of Health and Human Services

             General Revenues                                       313,160                           (16,142)             297,018

             Federal Funds                                             245,357                           2,345,432           2,590,789

             Restricted Receipts                                     211,603                           204,246              415,849

                                        Grand Total – Office of Health and Human Services

                                                                                770,120                           2,533,536           3,303,656

Children, Youth, and Families

Central Management

             General Revenues                                       6,860,904           264,888              7,125,792

             Federal Funds                                             3,477,254           (342,681)           3,134,573

                           Total - Central Management          10,338,158         (77,793)             10,260,365

Children's Behavioral Health Services

             General Revenues                                       36,982,288         2,883,080           39,865,368

             Federal Funds                                             37,112,018         1,772,162           38,884,180

             Rhode Island Capital Plan Funds

                                         Groden Center – Mt. Hope          -            63,215                63,215

                                        Total - Children's Behavioral Health Services

                                                                                74,094,306         4,718,457           78,812,763

Juvenile Correctional Services

             General Revenues                                       32,579,007         (953,234)           31,625,773

             Federal Funds                                             3,379,260           (319,687)           3,059,573

             Restricted Receipts                                     6,000                  497,702              503,702

             Rhode Island Capital Plan Funds

                           Girl’s Facility – Training School

                                                                                800,000              (699,890)           100,110

                           Community Facilities

                            – Training Schools                        500,000              (500,000)           -

                           Total - Juvenile Correctional Services         

                                                                                37,264,267         (1,975,109)        35,289,158

Child Welfare

             General Revenues                                       96,569,239         11,198,582         107,767,821

             Federal Funds                                             72,495,979         6,861,034           79,357,013

             Restricted Receipts                                     1,655,094           59,985                1,715,079

             Rhode Island Capital Plan Funds

                              Fire Code Upgrades                   500,000              (400,000)           100,000

                           Total - Child Welfare                     171,220,312       17,719,601         188,939,913

Higher Education Incentive Grants

             General Revenues                                       200,000                           -            200,000

                           Grand Total - Children, Youth, and Families

                                                                                293,117,043       20,385,156         313,502,199

Elderly Affairs

             General Revenues

                           General Revenues                          16,683,105         734,659              17,417,764

                           RIPAE                                          3,412,000           (1,946,793)        1,465,207

                           Safety and Care of the Elderly                  600                        -                      600

             Federal Funds                                             12,623,605         2,153,883           14,777,488

             Restricted Receipts                                     1,250,000           (49,611)             1,200,389

             Intermodal Surface Transportation Fund

                                                                                4,800,000           (115,000)           4,685,000

                           Grand Total - Elderly Affairs          38,769,310         777,138              39,546,448

Health

Central Management

             General Revenues                                       4,814,505           153,928              4,968,433

             Federal Funds                                             4,849,996           417,950              5,267,946

             Restricted Receipts                                     1,850,664           1,702,581           3,553,245

             Trauma Registry                                          -                        8,000                  8,000

                           Total - Central Management          11,515,165         2,282,459           13,797,624

State Medical Examiner

             General Revenues                                       1,964,801           193,326              2,158,127

             Federal Funds                                             140,543              9,921                  150,464

                           Total - State Medical Examiner      2,105,344           203,247              2,308,591

Family Health

             General Revenues                                       3,039,370           (105,745)           2,933,625

             Federal Funds                                             28,929,522         1,643,300           30,572,822

             Restricted Receipts                                     6,875,852           5,923,985           12,799,837

                           Total - Family Health                     38,844,744         7,461,540           46,306,284

Health Services Regulation

             General Revenues                                       5,085,025           888,562              5,973,587

             Federal Funds                                             5,350,171           532,166              5,882,337

             Restricted Receipts                                     400,319              3,312                  403,631

                           Total - Health Services Regulation10,835,515          1,424,040           12,259,555

Environmental Health

             General Revenues                                       4,616,661           (315,991)           4,300,670

             Federal Funds                                             4,815,388           1,213,906           6,029,294

             Restricted Receipts                                     1,553,683           915,646              2,469,329

                           Total - Environmental Health          10,985,732         1,813,561           12,799,293

Health Laboratories

             General Revenues                                        6,366,122           208,983              6,575,105

             Federal Funds                                             2,184,707           386,891              2,571,598

                           Total - Health Laboratories            8,550,829           595,874              9,146,703

Disease Prevention and Control

             General Revenues

                           General Revenues                          7,416,725           (1,165,693)        6,251,032

                           Federal Funds                               19,893,007         (1,817,104)        18,075,903

                           National Highway Traffic Safety Funds

                           Walkable Communities Initiative     29,960               (2,507)               27,453

                                        Total - Disease Prevention and Control

                                                                                27,339,692         (2,985,304)        24,354,388

                                        Grand Total – Health        110,177,021       10,795,417         120,972,438

Human Services

Central Management

             General Revenues                                       8,778,008           2,563,938           11,341,946

             Federal Funds                                             6,665,999           (71,012)             6,594,987

             Restricted Receipts                                     2,240,382           (541,685)           1,698,697

                           Total - Central Management          17,684,389         1,951,241           19,635,630

Child Support Enforcement

             General Revenues                                       3,649,018           6,603                  3,655,621

             Federal Funds                                             7,400,423           (214,828)           7,185,595

             Restricted Receipts                                     -                         50,000                50,000

             Total – Child Support Enforcement             11,049,441         (158,225)           10,891,216

Individual and Family Support

             General Revenues                                       25,166,091         (2,025,823)        23,140,268

             Federal Funds                                             54,777,883         (1,718,295)        53,059,588

             Restricted Receipts                                     91,944                42,206                134,150

                           Total - Individual and Family Support         

                                                                                80,035,918         (3,701,912)        76,334,006

Veterans' Affairs

             General Revenues                                       17,300,207         (456,136)           16,844,071

             Federal Funds                                             7,588,106           (971,794)           6,616,312

             Restricted Receipts                                     1,219,365           1,584,234           2,803,599

                           Total - Veterans' Affairs                 26,107,678         156,304              26,263,982

Health Care Quality, Financing and Purchasing

             General Revenues                                       21,178,701         260,140              21,438,841

             Federal Funds                                             45,340,602         (385,643)           44,954,959

             Restricted Receipts                                     566,815              (280,305)           286,510

                           Total - Health Care Quality, Financing & Purchasing

                                                                                67,086,118         (405,808)           66,680,310

Medical Benefits

             General Revenues

                           Hospitals                                       77,228,648         (7,017,539)        70,211,109

                           Long-Term Care                           146,058,329       18,754,935         164,813,264

                           Managed Care                              209,075,483       (3,428,780)        205,646,703

                           Pharmacy                                      65,484,895         (4,307,289)        61,177,606

                           Other                                            71,478,576         (21,223,142)      50,255,434

             Federal Funds

                           Hospitals                                       82,338,822         (12,111,866)      70,226,956

                           Long-Term Care                           163,774,830       21,389,146         185,163,976

                           Managed Care                              246,229,008       (6,875,711)        239,353,297

                           Special Education                          20,733,240                      -            20,733,240

                           Pharmacy                                      25,887,480         (1,454,362)        24,433,118

                           Other                                            80,233,863         (23,736,191)      56,497,672

             Restricted Receipts                                     4,490,042           (590,042)           3,900,000

                           Total - Medical Benefits                 1,193,013,216    (40,600,841)      1,152,412,375

Supplemental Security Income Program

             General Revenues                                       28,201,184         (542,250)           27,658,934

Family Independence Program

             General Revenues

                           Child Care                                     39,870,805         (10,965,424)      28,905,381

             TANF/Family Independence Program         7,724,147           8,400,853           16,125,000

             Federal Funds                                             84,438,119         2,175,000           86,613,119

                           Total - Family Independence Program

                                                                                132,033,071       (389,571)           131,643,500

State Funded Programs

             General Revenues

                           General Public Assistance              3,860,294           37,946                3,898,240

             Federal Funds                                             83,690,512         (357,492)           83,333,020

                           Total - State Funded Programs      87,550,806         (319,546)           87,231,260

                           Grand Total - Human Services       1,642,761,821    (44,010,608)      1,598,751,213

Mental Health, Retardation, and Hospitals

Central Management

             General Revenues                                       2,251,063           (103,089)           2,147,974

             Federal Funds                                             -                         130,507              130,507

                           Total - Central Management          2,251,063           27,418                2,278,481

Hospital and Community System Support

             General Revenues                                       4,574,961           (1,012,940)        3,562,021

             Federal Funds                                             229,166              (142,166)           87,000

             Rhode Island Capital Plan Funds

                           Utilities Upgrade                            500,000              123,487              623,487

                           Medical Center Rehabilitation        400,000              (284,526)          115,474

                           Utility Systems - Water Tanks and Pipes

                                                                                250,000              272,425              522,425

                           Central Power Plant Rehabilitation

                                                                                400,000              (283,015)           116,985

                           Community Facilities Fire Code    

                                                                                500,000              44,065                544,065

                           Pastore Center Fire Code Compliance       

                                                                                250,000              (116,910)           133,090

                           DD Private Waiver Com Facilities-Fire Code

                                                                                187,500              (116,591)           70,909

                           Total - Hospital and Community System Support

                                                                                7,291,627           (1,516,171)        5,775,456

Services for the Developmentally Disabled

             General Revenues                                       119,315,406       (1,308,026)        118,007,380

             Federal Funds                                             135,138,112       1,869,629           137,007,741

             Rhode Island Capital Plan Funds

                             DD Regional Center Repair/Rehabilitation

                                                                                200,000              (40,408)             159,592

                             Developmental Disability –Group Homes

                                                                                1,000,000           (40,863)             959,137

                           Total - Services for the Developmentally Disabled

                                                                                255,653,518       480,332              256,133,850

Integrated Mental Health Services

             General Revenues                                       43,579,541         (126,062)           43,453,479

             Federal Funds                                             37,670,463         (143,703)           37,526,760

                           Total - Integrated Mental Health Services

                                                                                81,250,004         (269,765)           80,980,239

Hospital and Community Rehabilitation Services

             General Revenues                                       52,576,725         5,733,920           58,310,645

             Federal Funds                                             56,766,343         5,105,797           61,872,140

             Rhode Island Capital Plan Funds

                             Zambarano Buildings and Utilities

                                                                                200,000              (120,885)           79,115

                           Hospital Consolidation                  -                         150,000              150,000

                           Total - Hospital and Community

                           Rehab. Services                             109,543,068       10,868,832         120,411,900

Substance Abuse

             General Revenues                                       16,157,873         (683,574)           15,474,299

             Federal Funds                                             14,848,644         (29,615)             14,819,029

             Restricted Receipts                                     90,000                100,000              190,000

             Rhode Island Capital Plan Funds

                           Asset Protection                             100,000             98,828                198,828

                           Eastman House                                   -                    200,000              200,000

                           Total - Substance Abuse                31,196,517         (314,361)           30,882,156

                           Grand Total - Mental Health, Retardation, and Hospitals

                                                                                487,185,797       9,276,285           496,462,082

Office of the Child Advocate

             General Revenues                                       558,096              (37,422)             520,674

             Federal Funds                                             40,000                (2,000)               38,000

                           Grand Total – Office of the Child Advocate

                                                                                598,096              (39,422)             558,674

Commission on the Deaf and Hard of Hearing

             General Revenues                                       355,329              (45,805)             309,524

             Federal Funds                                             15,000                2,500                  17,500

                           Grand Total - Commission on the Deaf and

                           Hard of Hearing                            370,329              (43,305)             327,024

RI Developmental Disabilities Council

             Federal Funds                                             461,393                   -                    461,393

Governor's Commission on Disabilities

             General Revenues                                       602,202              (49,530)             552,672

             Federal Funds                                             195,681              (20,077)             175,604

             Restricted Receipts                                     25,444                1,020                  26,464

             Rhode Island Capital  Plan Funds

                           Facility Renovation - Handicapped Accessibility

                                                                                200,000              -                         200,000

                           Grand Total - Governor's Commission on Disabilities

                                                                                1,023,327           (68,587)             954,740

Commission for Human Rights

             General Revenues                                       1,075,216           (85,586)             989,630

             Federal Funds                                             323,478              201                     323,679

                           Grand Total - Commission for Human Rights

                                                                                1,398,694           (85,385)             1,313,309

Mental Health Advocate General Revenues          409,492              (24,079)             385,413

Elementary and Secondary Education

Administration

             General Revenues                                       21,103,006         (816,275)           20,286,731

             Federal Funds                                             178,926,175       (536,930)           178,389,245

             Restricted Receipts                                      2,792,518           986,548              3,779,066

             Rhode Island Capital Plan Funds

                           Chariho Well Water                                    -            45,886                45,886

                           Total – Administration                   202,821,699       (320,771)           202,500,928

Davies Career and Technical School

             General Revenues                                       13,753,144         (131,958)           13,621,186

             Federal Funds                                             1,200,244           135,147              1,335,391

             Restricted Receipts                                                  -            1,500                  1,500

             Rhode Island Capital Plan Funds

                             Davies HVAC                                          -            124,255              124,255

                             Davies Elevators                          51,939                (51,939)                          -

                             Total - Davies Career and Technical School

                                                                                15,005,327         77,005                15,082,332

RI School for the Deaf

             General Revenues                                       6,476,348           (35,147)             6,441,201

             Federal Funds                                             375,864              26,605                402,469

                           Total - RI School for the Deaf        6,852,212           (8,542)               6,843,670

Metropolitan Career and Technical School

             General Revenues                                       10,406,956                      -            10,406,956

Education Aid

             General Revenues                                       675,530,203       1,354,678           676,884,881

             Federal Funds                                             2,221,786           (1,102,744)        1,119,042

             Restricted Receipts                                     1,734,549           (280,251)           1,454,298

                           Total – Education Aid                    679,486,538       (28,317)             679,458,221

Central Falls School District General Revenues     43,234,574         560,837              43,795,411

Housing Aid General Revenues                                49,672,045         (2,857,063)        46,814,982

Teacher’s Retirement General Revenues                 69,200,130         (1,940,220)        67,259,910

                           Grand Total - Elementary and Secondary Education

                                                                                1,076,679,481    (4,517,071)        1,072,162,410

Public Higher Education

Board of Governors/Office of Higher Education

             General Revenues                                       7,858,537           (124,456)           7,734,081

             Federal Funds                                             3,146,976                        -            3,146,976

             Restricted Receipts                                     540,000              151,376              691,376

                           Total - Board of Governors/Office of

                            Higher Education                          11,545,513         26,920                11,572,433

University of Rhode Island

             General Revenues                                       86,073,717         (3,602,540)        82,471,177

             Debt Service                                               2,618,293           811,296              3,429,589

             University and College Funds

                           University and College Funds         379,614,507       1,748,704           381,363,211

                           Debt – Dining Services                  1,078,794                        -            1,078,794

                           Debt – Education and General       1,994,229           50,267                2,044,496

                           Debt – Health Services                  127,938              2,830                  130,768

                           Debt – Housing Loan Funds          4,208,297           (2,367,561)        1,840,736

                           Debt – Memorial Union                 99,615                2,655                  102,270

                           Debt – Ryan Center                       1,515,473           (1,515,473)        -

                           Debt – Alton Jones Services          113,289              32,307                145,596

                           Debt – Boss Arena                        295,207              (295,207)                        -

                           Debt Parking Authority                  649,353                           -            649,353

                           Debt – Sponsored Research          99,970                             -            99,970

             Rhode Island Capital Plan Funds

                           Debt Service                                 5,101,021           -                         5,101,021

                           Asset Protection/Roofs                 3,990,000           916,073              4,906,073

                             Independence Hall                       1,200,000           -                         1,200,000

                             URI Chafee Hall PCB Abatement             -            3,851                  3,851

                             Biological Science Center                          -            1,964                  1,964

                             Superfund                                                 -            187,469              187,469

             Total – University of Rhode Island              488,779,703       (4,023,365)        484,756,338

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         (2,330,209)        45,024,196

                           Debt Service                                 1,590,682           429,741              2,020,423

                           RIRBA – Rhode Island College     293,470                           -            293,470

             University and College Funds

                           University and College Funds         74,882,408         (169,797)           74,712,611

                           Debt – Education and General       295,152                           -            295,152

                           Debt – Housing                             494,417                           -            494,417

                           Debt – Student Center and Dining172,061                            -            172,061

                           Debt – Student Union                    172,194                           -            172,194

             Rhode Island Capital Plan Funds

                           Asset Protection /Roofs                 1,732,500           980,877              2,713,377

                           Total – Rhode Island College         126,987,289       (1,089,388)        125,897,901

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         (2,423,680)        47,113,490

                           Debt Service                                 1,405,076                        -            1,405,076

                          Restricted Receipts                        639,479              54,041                693,520

             University and College Funds

                           University and College Funds         59,569,735         (3,628,752)        55,940,983

                           Debt – Bookstore                          176,504                           -            176,504

             Rhode Island Capital Plan Funds

                           Knight Campus Nursing Program

                                                                                65,000                (65,000)                          -

                           Asset Protection                            1,102,500           772,695              1,875,195

                           Total – Community College of RI

                                                                                112,495,464       (5,290,696)        107,204,768

             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       (10,376,529)      729,431,440

RI State Council on the Arts

             General Revenues

                           Operating Support                         795,942              (87,277)             708,665

                           Grants                                           2,045,524           2,776                  2,048,300

             Federal Funds                                             731,500              (36,164)             695,336

             Restricted Receipts                                     1,008,195           (1,008,195)        -

             Arts for Public Facilities                               -                        800,000              800,000

                           Grand Total - RI State Council on the Arts

                                                                               4,581,161           (328,860)           4,252,301

RI Atomic Energy Commission

             General Revenues                                       836,702              (8,171)               828,531

             Federal Funds                                             375,000              (34,295)             340,705

             University and College Funds

                           URI Sponsored Research              171,206              2,994                  174,200

                           Grand Total - RI Atomic Energy Commission

                                                                                1,382,908           (39,472)             1,343,436

RI Higher Education Assistance Authority

             General Revenues

                           Needs Based Grants and Work Opportunities

                                                                                5,730,027                 -                   5,730,027

                           Authority Operations and Other Grants

                                                                               1,017,375           (38,907)             978,468

             Federal Funds                                             12,852,312         (1,251,741)        11,600,571

             Tuition Savings Program – Administration

                                                                                10,058,298         (521,794)           9,536,504

                           Grand Total - Higher Education Assistance Authority

                                                                                29,658,012         (1,812,442)        27,845,570

RI Historical Preservation and Heritage Commission

             General Revenues                                       1,705,676           (47,752)             1,657,924

             Federal Funds                                             487,267              117,919              605,186

             Restricted Receipts                                     266,820              224,327              491,147

                                        Grand Total – RI Historical Preservation and Heritage Commission

                                                                                2,459,763           294,494              2,754,257

RI Public Telecommunications Authority

             General Revenues                                       1,388,669           (70,883)             1,317,786

             Corporation for Public Broadcasting            828,498              (89,989)             738,509

             Rhode Island Capital Plan Funds

               Digital TV Conversion                                            -            384,160              384,160

                           Grand Total – RI Public Telecommunications Authority

                                                                                2,217,167           223,288              2,440,455

Attorney General

Criminal

             General Revenues                                       13,077,675         (591,752)           12,485,923

             Federal Funds                                             1,055,397           190,752              1,246,149

             Restricted Receipts                                     520,527              (165,309)          355,218

                           Total – Criminal                             14,653,599         (566,309)           14,087,290

Civil

             General Revenues                                       4,524,821           (305,671)           4,219,150

             Restricted Receipts                                     552,539              32,541                585,080

                           Total – Civil                                   5,077,360           (273,130)           4,804,230

Bureau of Criminal Identification

             General Revenues                                       991,634              (42,681)             948,953

             Federal Funds                                             -                         63,705                63,705

                           Total - Bureau of Criminal Identification

                                                                                991,634              21,024                1,012,658

General

             General Revenues                                       2,249,571           9,934                  2,259,505

             Rhode Island Capital Plan Funds

                             Building Renovations and Repairs

                                                                                165,000              186,767              351,767

                           Total – General                              2,414,571           196,701              2,611,272

                           Grand Total - Attorney General     23,137,164         (621,714)           22,515,450

Corrections

Central Management

             General Revenues                                        8,557,219           564,061              9,121,280

             Federal Funds                                             260,032              135,270              395,302

                           Total - Central Management          8,817,251           699,331              9,516,582

Parole Board

             General Revenues                                       1,247,742           (16,815)             1,230,927

             Federal Funds                                             33,002                             -            33,002

                           Total - Parole Board                     1,280,744           (16,815)             1,263,929

Institutional Corrections

             General Revenues                                       139,084,180       (4,720,842)        134,363,338

             Federal Funds                                             7,224,911           2,411,602           9,636,513

             Rhode Island Capital Plan Funds

                           Reintegration Center State Match

                                                                                3,247,123           540,000              3,787,123

                           General Renovations - Maximum  

                                                                                250,000              (240,895)           9,105

                            General Renovations – Women’s

                                                                                700,000              376,807              1,076,807

             Women’s Bath Room Renovations              506,000              (506,000)                        -

             Bernadette Guay Bldg. Roof                       623,000              55,640                678,640

              MIS/Admin. Units Relocation                     151,017              (151,017)           -

             Asset Protection                                          2,154,000          (277,924)           1,876,076

                           Total - Institutional Custody           153,940,231       (2,512,629)        151,427,602

Community Corrections

             General Revenues                                       13,553,170         (1,182,385)        12,370,785

             Federal Funds                                             820,175              555,173              1,375,348

                           Total – Community Corrections     14,373,345         (627,212)           13,746,133

                           Grand Total – Corrections             178,411,571       (2,457,325)        175,954,246

Judiciary

Supreme Court

             General Revenues

                           General Revenues                          25,833,914         782,294              26,616,208

                           Defense of Indigents                      2,967,659           -                         2,967,659

             Federal Funds                                             122,000              168,330              290,330

             Restricted Receipts                                     1,042,001           164,147              1,206,148

             Rhode Island Capital Plan Funds

                           Blackstone Valley Courthouse Study

                                                                                145,000              1,428                  146,428

                           Judicial HVAC                              500,000              90,078                590,078

                            McGrath Int/Ext.                          200,000              101,974              301,974

                            Asset Protection                           100,000              -                         100,000

                           Total - Supreme Court                   30,910,574         1.308,251           32,218,825

Superior Court

             General Revenues

                           General Revenues                          20,593,206         (1,296,620)        19,296,586

                           Superior Curt Adult Drug Court     66,000                             -            66,000

             Federal Funds                                             465,292              177,913              643,205

                           Total - Superior Court                   21,124,498         (1,118,707)        20,005,791

Family Court

             General Revenues

                           General Revenues                          16,451,290         202,960              16,654,250

                           Family Court Juvenile Drug Court   819,885             (426,532)           393,353

             Federal Funds

                           Federal Funds                               1,336,037           309,257              1,645,294

                           Family Court Drug Court – Family Treatment

                                                                                272,492              78,288                350,780

             Total - Family Court                                   18,879,704         163,973              19,043,677

District Court General Revenues                             9,923,880           82,144                10,006,024

Traffic Tribunal General Revenues                          7,318,155           (244,926)           7,073,229

Workers' Compensation Court   

             Restricted Receipts                                     7,285,626           (145,190)           7,140,436

                           Grand Total – Judiciary                  95,442,437         45,545                95,487,982

Military Staff

National Guard

             General Revenues                                       2,335,467           (282,681)           2,052,786

             Federal Funds                                             8,954,804           (347,587)           8,607,217

             Restricted Receipts                                     145,000                           -            145,000

             Rhode Island Capital Plan Funds

                             Benefit Street Arsenal Rehabilitation

                                                                                200,000              (200,000)                   -

                             Schofield Armory Rehabilitation  

                                                                                140,000              175,937              315,937

                             AMC – Roof Replacement          200,000              (200,000)                   -

                             State Armories Fire Code Comp

                                                                                150,000              (150,000)                   -

                             Federal Armories Fire Code Comp          

                                                                                118,750              (118,750)                   -

                             Logistics/Maint Facilities Fire Code Comp

                                                                                100,010              (100,010)                   -

                             Quonset Hangar/Armory              -                         3,025,000           3,025,000

                           Asset Protection                           200,000                           -            200,000

                           Total - National Guard                   12,544,031         1,801,909           14,345,940

Emergency Management

             General Revenues                                       829,452              (96,125)             733,327

             Federal Funds                                             23,694,978         7,077,667           30,772,645

             Restricted Receipts                                     285,385              (66,561)             218,824

                           Total - Emergency Management     24,809,815         6,914,981           31,724,796

                           Grand Total - Military Staff            37,353,846         8,716,890           46,070,736

E-911 Emergency Telephone System

             General Revenues                                       4,485,669           (387,308)           4,098,361

             Federal Funds                                             70,936                99,832                170,768

             Restricted Receipts                                     2,312,113           (1,052,684)        1,259,429

                                        Grand Total - E-911 Emergency Telephone System

                                                                                6,868,718           (1,340,160)        5,528,558

Fire Safety Code Board of Appeal and Review

             General Revenues                                       289,299              (3,931)               285,368

State Fire Marshal

             General Revenue                                         2,838,049           (481,224)           2,356,825

             Federal Funds                                             191,000              283,565              474,565

             DEA Forfeiture Funds                                 -                         12,599                12,599

             Grand Total - State Fire Marshal                 3,029,049           (185,060)           2,843,989

Commission on Judicial Tenure and Discipline

             General Revenues                                       114,772              (20,556)             94,216

Rhode Island Justice Commission

             General Revenues                                       163,972              39,331                203,303

             Federal Funds                                             4,707,722           (439,037)           4,268,685

             Restricted Receipts                                     30,000                             -            30,000

                           Grand Total - Rhode Island Justice Commission

                                                                                4,901,694           (399,706)           4,501,988

Municipal Police Training Academy

             General Revenues                                       425,710              (31,090)             394,620

             Federal Funds                                             45,000                35,000                80,000

                                        Grand Total - Municipal Police Training Academy

                                                                                470,710              3,910                  474,620

State Police

             General Revenues                                       49,047,151         4,822,985           53,870,136

             Federal Funds                                             1,743,907           333,876              2,077,783

             Restricted Receipts                                     235,411              378,922              614,333

             Traffic Enforcement - Municipal Training

                                                                                454,596              211,379              665,975

             Rhode Island Capital Plan Funds

             Headquarters Repairs/Renovations

                                                                                340,000              2,474                  342,474

             Lottery Commission Assistance                   155,127              (15,725)             139,402

             Airport Corporation                                                 -            137,380              137,380

             Road Construction Reimbursement              2,366,598           248,777              2,615,375

                           Grand Total - State Police             54,342,790         6,120,068           60,462,858

Office of Public Defender

             General Revenues                                       9,326,545           (777,991)           8,548,554

             Federal Funds                                             135,701              125,543              261,244

                           Grand Total - Office of Public Defender

                                                                                9,462,246           (652,448)           8,809,798

Environmental Management

Office of the Director

             General Revenues                                       6,475,699           (115,182)           6,360,517

             Federal Funds                                             1,495,287           91,542                1,586,829

             Restricted Receipts                                     1,895,300           (14,322)             1,880,978

                           Total – Office of the Director         9,866,286           (37,962)             9,828,324

Natural Resources

             General Revenues                                       18,708,114         (301,526)           18,406,588

             Federal Funds                                             19,130,040         698,285              19,828,325

             Restricted Receipts                                     4,154,765           219,901              4,374,666

             Rhode Island Capital Plan Funds

                           Dam Repair                                   300,000              (273,840)           26,160

                           Recreational Facilities

                                                     Improvement       500,000              (59,000)             441,000

                           Fort Adams Rehabilitation              250,000              -                         250,000

                           Jamestown Fishing Pier                  100,000              (100,000)           -

                            Wickford Marine Facility              223,310              510,000              733,310

                            Galilee Piers Upgrade                   200,000              (125,000)           75,000

                            Newport Piers                              150,000              (150,000)                        -

DOT Recreational Projects                         73,417                51,148                124,565                            Blackstone Bikepath Design                        1,284,821           (1,279)               1,283,542

                           Total - Natural Resources              45,074,467         468,689              45,543,156

Environmental Protection

             General Revenues                                       12,346,683         (551,352)           11,795,331

             Federal Funds                                             13,161,108         4,942,118           18,103,226

             Restricted Receipts                                     11,502,175         1,134,897           12,637,072

             Total - Environmental Protection                 37,009,966         5,525,663           42,535,629

                           Grand Total - Environmental Management

                                                                                91,950,719         5,956,390           97,907,109

Coastal Resources Management Council

             General Revenues                                       2,112,667           18,057                2,130,724

             Federal Funds                                             1,599,392           460,353              2,059,745

             Restricted Receipts                                     3,195,000           (2,206,039)        988,961

             Rhode Island Capital Plan Funds

                             Allin’s Cove                                              -            5,500                  5,500

                             Grand Total - Coastal Resources Mgmt. Council

                                                                                6,907,059           (1,722,129)        5,184,930

State Water Resources Board

             General Revenues                                       1,937,302           (200,630)           1,736,672

             Federal Funds                                             -                         64,122                64,122

             Restricted Receipts                                     400,000              (354,203)           45,797

             Rhode Island Capital Plan Funds

             Big River Management Area                       80,600                9,835                  90,435

                           Grand Total - State Water Resources Board

                                                                                2,417,902           (480,876)           1,937,026

Transportation

Central Management

Federal Funds                                             5,161,535           11,986,445         17,147,980                           Gasoline Tax                                               3,098,421          373,978              3,472,399

             Total - Central Management                        8,259,956           12,360,423         20,620,379

Management and Budget

             Gasoline Tax                                               1,709,378           2,818,974           4,528,352

Infrastructure Engineering – GARVEE/Motor Fuel Tax Bond

             Federal Funds                                             232,584,994       22,926,546         255,511,540

             Restricted Receipts                                     3,066,699           (2,422,139)        644,560

             Gasoline Tax                                               49,053,371         (1,541,084)        47,512,287

             Land Sale Revenue                                     2,000,000           7,186,273           9,186,273

             RICAP - RIPTA - Land and Buildings                     -            100,830              100,830

             State Infrastructure Bank                            1,000,000           343,714              1,343,714

RICAP - Pawtucket – Central Falls Train Station     25,000                35,000                60,000

             Total - Infrastructure – Engineering              287,730,064       26,629,140         314,359,204

Infrastructure Maintenance

             Gasoline Tax                                               40,815,043         (4,024,296)        36,790,747

             Non-Land Surplus Property                        -                         372,523              372,523

             Outdoor Advertising                                   75,000                128,423              203,423

             Resurfacing Design                                      250,000              (250,000)                        -

             Total - Infrastructure Maintenance               41,140,043         (3,773,350)        37,366,693

             Grand Total – Transportation                      338,839,441       38,035,187         376,874,628

Statewide Totals           

             General Revenues                                       3,221,527,107    3,193,958           3,224,721,065

             Federal Funds                                             1,948,173,147    66,492,944         2,014,666,091

             Restricted Receipt Funds                            129,069,782       7,387,380           136,457,162

             Other Funds                                               1,366,179,366    (12,761,556)      1,353,417,810

                           Statewide Grand Total                   6,664,949,402    64,312,726         6,729,262,128

 

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

 

             SECTION 3. Notwithstanding any provisions of Chapter 1-42 in Title 39 of the Rhode Island General Laws, the Public Utilities Commission shall transfer from the Dual Party Phone Relay Fund to the General Fund the sum of four hundred fifty thousand dollars ($450,000) prior to June 30, 2007. 

 

             SECTION 4.  Section 8 of Article 1 of Chapter 246 of the Public Laws of 2006 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 2006 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 2007             FY 2007                     FY 2007

             RICAP Project                                         Enacted             Balance Forward            Final

Mil Staff-Emergency Operations Center                   0                         1,023                               0

Corrections-Heating and Temperature Control          0                         259,888                           0

Corrections-High Security Infrastructure                   0                         161,449                           0

Judicial-Licht Foundation Integrity                            0                         2,797                               0

Judicial-Fogarty Judicial Complex                             0                         1,835                               0

Judicial-Licht Window Restoration                           0                         10,996                             0

 

             SECTION 5. Extension of previous authorizations. -- The general assembly, pursuant to the provisions of section 35-8-25 of the general laws, hereby extends to the termination dates contained herein, the authority to issue the following general obligation bond authorizations in the amounts stated.  The original authorizations enacted by public law and approved by the people, that remain unissued as of January 1, 2007, are as follows:

                                                                                                                                                                                                                                                                                                     Unissued

                                                                                                          Amount To         Termination

         Purpose                                             Statutory Reference          Be Extended            Date

Clean Water Act Environmental                  Ch. 289-P.L. of 1986       $1,764,627         June 30, 2010

   Trust

Elementary and Secondary Educ.                Ch. 70-P.L. of 1994         $420,000            June 30, 2009

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

 

             SECTION 6.  (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 non-general 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 2007             FY 2007             FY 2007

             Account                                                     Enacted             Change              Final

State Assessed Fringe Benefit Internal Service Account

                                                                                30,515,107         217,922              30,733,029

Administration Central Utilities Internal Service Account        

                                                                                18,797,979         6,069,589           24,867,568

State Central Mail Internal Service Account              5,268,011           448,616              5,716,627

State Telecommunications Internal Service Account  2,232,829           769,883              3,002,712

State Automotive Fleet Internal Service Account       14,656,702         (50,131)             14,606,571

State Surplus Property Internal Service Account       17,715                0                         17,715

Capital Police Internal Service Account                    559,158              (17,115)             542,043

Health Insurance Internal Service Fund                     244,184,576       (7,138,187)        237,046,389

MHRH Central Pharmacy Internal Service Account 10,332,218         (88,131)             10,244,087

MHRH Laundry Services Internal Service Account  1,407,510           (208,178)           1,199,332

Corrections General Services & Warehouse Internal Service Account

                                                                                6,126,014           1,180,933           7,306,947

Corrections Howard Center Telephone Operations Internal Service Acct.

                                                                                707,955              (707,955)           0

Correctional Industries Internal Service Account       6,945,525           2,255,052           9,200,577

Secretary of State Record Center Internal Service

                                                             Account      1,156,600           19,131                1,175,731

 

             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 paying commissions or transfers to prize funds for the fiscal year ending June 30, 2007.

 

             SECTION 8.  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                                                          1,077.3 1,065.2

Business Regulation                                                  102.7 103.0

Labor and Training                                                   467.9

Revenue                                                                   472.1 473.0

Legislature                                                               275.2 294.0

Lieutenant Governor General                                    9.5

Secretary of State                                                    55.9 56.0

General Treasurer                                                    86.2 86.5

Boards for Design Professionals                               3.8 4.0

Board of Elections                                                    14.3 14.0

Rhode Island Ethics Commission                              11.4 12.0

Office of the Governor                                             46.0

Public Utilities Commission                                       45.7

Rhode Island Commission on Women                      0.9 1.0

Health and Human Services                                      5.0

Children, Youth, and Families                                   789.8 789.0

Elderly Affairs                                                          50.5 48.0

Health                                                                      465.6

Human Services                                                       1,111.0

Mental Health, Retardation, and Hospitals                1,817.3 1,824.3

Office of the Child Advocate                                    5.8

Commission on the Deaf and Hard of Hearing           2.8 3.0

RI Developmental Disabilities Council                       2.0

Governor's Commission on Disabilities                      6.3 6.6

Commission for Human Rights                                  14.4 14.5

Office of the Mental Health Advocate                       3.5 3.7

Elementary and Secondary Education                       325.5 131.2

Davies                                                                     133.0

School for the Deaf                                                  68.0

Office of Higher Education                                       21.0

             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                                        1,940.1

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

Rhode Island College                                               843.5

             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                         750.2

             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                             8.6

RI Atomic Energy Commission                                8.2 8.6

Higher Education Assistance Authority                      45.6 46.0

Historical Preservation and Heritage Commission      17.0 17.6

Public Telecommunications Authority                        21.4 20.0

Office of the Attorney General                                  221.9 234.8

Corrections                                                              1,498.6

Judicial                                                                     723.4 732.5

Military Staff                                                            103.1 109.0

E-911 Emergency Telephone System                       49.9 53.6

Fire Safety Code Bd. of Appeal and Review            2.8 3.0

RI State Fire Marshal                                               36.1 36.0

Commission on Judicial Tenure and Discipline           .09 1.0

Rhode Island Justice Commission                             6.4  7.6

Municipal Police Training Academy                          3.7 4.0

State Police                                                              268.5 273.0

Office of the Public Defender                                    93.5

Environmental Management                                      503.5 505.3

Coastal Resources Management Council                  28.5 30.0

Water Resources Board                                           8.5 9.0

Transportation                                                          779.7  786.7

Total                                            15,253.0             16,106.7

 

             SECTION 9.  This article shall take effect upon passage.

 

 


ARTICLE 7 SUBSTITUTE A AS AMENDED

 

RELATING TO TAXATION

 

SECTION 1.  Sections 44-62-4 and 44-62-6 of the General Laws in Chapter 44-62 entitled “Tax Credits for Contributions to Scholarship Organizations” are hereby amended to read as follows:

 

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) – (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.  This credit is available against taxes otherwise due under provisions of chapters 11, 13, 14, 15, 17 or 30 of title 44.

(e) 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.

 

44-62-6. 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.  Business entities also include Subchapter S Corporations, Limited Liability Partnerships, and Limited Liability Corporations.

(2) "Division of taxation" means the Rhode Island division of taxation.

 

SECTION 2. Section 44-11-11 of the General Laws in Chapter 44-11 entitled "Business Corporation Tax" is hereby amended to read as follows:

 

44-11-11. "Net income" defined. -- (a) (1) "Net income" means for any taxable year and for any corporate taxpayer, the taxable income of the taxpayer for that taxable year under the laws of the United States, plus (i) any interest not included in the taxable income, (ii) any specific exemptions, and (iii) the tax imposed by this chapter, and (iv) any deductions required to be added back to net income under the provisions of paragraph (f) of this section, and minus (iv)(v) interest on obligations of the United States or its possessions, and other interest exempt from taxation by this state, and (v)(vi) the federal net operating loss deduction.

 (2) All binding federal elections made by or on behalf of the taxpayer applicable either directly or indirectly to the determination of taxable income shall be binding on the taxpayer except where this chapter or its attendant regulations specifically modify or provide otherwise. However, Rhode Island taxable income shall not include the "grossup of dividends" required by the federal Internal Revenue Code to be taken into taxable income in connection with the taxpayer's election of the foreign tax credit.

 (b) A net operating loss deduction shall be allowed which shall be the same as the net operating loss deduction allowed under 26 U.S.C. section 172, except that: (1) any net operating loss included in determining the deduction shall be adjusted to reflect the inclusions and exclusions from entire net income required by subsection (a) and section 44-11-11.1, (2) the deduction shall not include any net operating loss sustained during any taxable year in which the taxpayer was not subject to the tax imposed by this chapter, and (3) the deduction shall not exceed the deduction for the taxable year allowable under 26 U.S.C. section 172; provided, that the deduction for a taxable year may not be carried back to any other taxable year for Rhode Island purposes but shall only be allowable on a carry forward basis for the five (5) succeeding taxable years.

 (c) Domestic international sales corporations, referred to as DISCs, for the purposes of this chapter, will be treated as they are under federal income tax law and shall not pay the amount of the tax computed under section 44-11-2(a). Any income to shareholders of DISCs is to be treated in the same manner as it is treated under federal income tax law as it exists on December 31, 1984.

 (d) A corporation which qualifies as a foreign sales corporation (FSC) under the provisions of subchapter N, 26 U.S.C. section 861 et seq., and which has in effect for the entire taxable year a valid election under federal law to be treated as a FSC, shall not pay the amount of the tax computed under section 44-11-2(a). Any income to shareholders of FSCs is to be treated in the same manner as it is treated under federal income tax law as it exists on January 1, 1985.

(e) As used in this section:

(1) “Affiliated group” has the same meaning as in section 1504 of the Internal Revenue Code.

(2) “Intangible expenses and costs” includes: (A) expenses, losses and costs for, related to, or in connection directly or indirectly with the direct or indirect acquisition, use, maintenance or management, ownership, sale, exchange, or any other disposition of intangible property to the extent such amounts are allowed as deductions or costs in determining taxable income before operating loss deduction and special deductions for the taxable year under the Internal Revenue Code; (B) losses related to or incurred in connection directly or indirectly with factoring transactions or discounting transactions; (C) royalty, patent, technical and copyright fees; (D) licensing fees; and (E) other similar expenses and costs.

(3) “Intangible property” means patents, patent applications, trade names, trademarks, service marks, copyrights and similar types of intangible assets.

(4) “Interest expenses and costs” means amounts directly or indirectly allowed as deductions under section 163 of the Internal Revenue Code for purposes of determining taxable income under the Internal Revenue Code to the extent such expenses and costs are directly or indirectly for, related to, or in connection with the direct or indirect acquisition, maintenance, management, ownership, sale, exchange or disposition of intangible property.

(5) “Related member” means a person that, with respect to the taxpayer during all or any portion of the taxable year, is a related entity, as defined in this subsection, a component member as defined in section 1563(b) of the Internal Revenue Code, or is a person to or from whom there is attribution of stock ownership in accordance with section 1563(e) of the Internal Revenue Code.   

(6) “Related entity” means: (A) a stockholder who is an individual, or a member of the stockholder’s family enumerated in section 318 of the Internal Revenue Code, if the stockholder and the members of the stockholder’s family own directly, indirectly, beneficially or constructively, in the aggregate, at least fifty percent (50%) of the value of the taxpayer’s outstanding stock; (B) a stockholder, or a stockholder’s partnership, limited liability company, estate, trust or corporation, if the stockholder and the stockholder’s partnership, limited liability companies, estates, trusts and corporations own directly, indirectly, beneficially or constructively, in the aggregate, at least fifty percent (50%) of the value of the taxpayer’s outstanding stock; or (C) a corporation, or a party related to the corporation in a manner that would require an attribution of stock from the corporation to the party or from the party to the corporation under the attribution rules of section 318 of the Internal Revenue Code, if the taxpayer owns, directly, indirectly, beneficially or constructively, at least fifty percent (50%) of the value of the corporation’s outstanding stock. The attribution rules on section 318 of the Internal Revenue Code shall apply for purposes of determining whether the ownership requirements of this subdivision have been met.

(f) For purposes of computing its net income under this section, a corporation shall add back otherwise deductible interest expenses and costs and intangible expenses and costs directly or indirectly paid, accrued or incurred to, or in connection directly or indirectly with one or more direct or indirect transactions with, one or more related members.

(1) The adjustments required in subsection (f) of this section shall not apply if the corporation establishes by clear and convincing evidence that the adjustments are unreasonable, as determined by the tax administrator or the corporation and the tax administrator agree in writing to the application or use of an alternative method of apportionment under section 44-11-15. Nothing in this subsection shall be construed to the limit or negate the tax administrator’s authority to otherwise enter into agreements and compromises otherwise allowed by law.

(2) The adjustments required in subsection (f) of this section shall not apply to such portion of interest expenses and costs and intangible expenses and costs that the corporation can establish by the preponderance of the evidence meets both of the following: (A) the related member during the same income year directly or indirectly paid, accrued or incurred such portion to a person who is not a related member; and (B) the transaction giving rise to the interest expenses and costs or the intangible expenses and costs between the corporation and the related member did not have as a significant purpose the avoidance of any portion of the tax due under chapter 44-11.

(3) The adjustments required in subsection (f) shall not apply if the corporation establishes by clear and convincing evidence, as determined by the tax administrator, that: (i) a principal purpose of the transaction giving rise to the payment of interest was not to avoid payment of taxes due under this chapter; (ii) the interest is paid pursuant to a contract that reflects an arm's length rate of interest and terms; and (iii)(A) the related member was subject to tax on its net income in this state or another state or possession of the United States or a foreign nation; (B) a measure of said tax included the interest received from the taxpayer; and (C) the effective rate of tax applied to the interest received by the related member is no less than the  effective rate of tax applied to the taxpayer under this chapter minus 3 percentage points.

(4) Partial Adjustments – The add back required in subsection (f) shall not be required in part if a portion of the add back would be unreasonable. A portion of the add back will be  considered unreasonable to the extent that the taxpayer establishes to the tax administrator by clear and convincing evidence that interest or intangible expense was paid, accrued or incurred to a related member that is taxed on the corresponding income by a state, U.S. possession or foreign jurisdiction. An adjustment to the add back will be allowed based on a factor determined by the apportioned tax rate of the related member in the other jurisdiction compared to the apportioned tax rate of the taxpayer in this state. A taxpayer that seeks to claim this adjustment must file a schedule that sets forth the information required by the tax administrator. 

 (g) Nothing in this section shall require a corporation to add to its net income more than once any amount of interest expenses and costs or intangible expenses and costs that the corporation pays, accrues or incurs to a related member described in subsection (b) of this section.

(h) Any taxpayer required to make an adjustment required in subsection (f) for tax years beginning on or after January 1, 2008, is additionally required to report to the tax administrator, on forms required by him, the amount of any adjustments that would have been required if the law applied to tax years beginning on or after January 1, 2007.

(i) Nothing in this section shall be construed to limit or negate the tax administrator authority to make adjustments under section 44-11-15.

 

SECTION 3. Section 44-26-2.1 of the General Laws in Chapter 44-26 entitled "Declaration of Estimated Tax by Corporations" is hereby amended to read as follows:

 

44-26-2.1. Declaration -- Due date -- Payment -- Interest. -- (a) Notwithstanding any general or specific statute to the contrary, every corporation having a taxable year ending December 31, 1990, or thereafter, shall file a declaration of its estimated tax for the taxable year ending December 31, 1990, or thereafter, if its estimated tax can reasonably be expected to exceed five hundred dollars ($500). The declaration, sworn to by the officer of the corporation who is required to sign its return under any of the chapters and section mentioned in section 44-26-1 shall contain the pertinent information and be in the form that the tax administrator may prescribe. The entire amount of the estimated tax shall constitute the amount of the advance required to be paid.  (b) (1) Except as provided in subdivision (2) of this subsection, the declaration of estimated tax required of corporations by subsection (a) of this section shall be filed as follows:

If the requirements of The declaration shall subsection (a) of this section are be filed on or before: first met: before the first day of the third month of the taxable year the fifteenth day of the third month of the taxable year; after the first day of the third month and before the first day of the sixth month of the taxable year the fifteenth day of the sixth month of the taxable year.

 (2) The declaration of estimated tax required of corporations subject to section 27-3-38 relating to surplus line brokers premium tax or under any special act or acts in lieu of the provisions of that section or in amendment of or in addition to that section shall be filed as follows:

If the requirements of The declaration shall subsection (a) of this section are be filed on or before: first met: Before the first day of the fourth month of the taxable year the thirtieth day of the fourth month of the taxable year After the first day of the fourth month and before the first day of the sixth month of the taxable year the thirtieth day of the sixth month of the taxable year After the first day of the sixth month and before the first day of the tenth month of the taxable year the thirtieth day of the tenth month of the taxable year After the first day of the tenth month and before the first day of the twelfth month of the taxable year the thirty-first day of the twelfth month of the taxable year

 (c) An amendment of a declaration may be filed in any interval between installment dates prescribed for the taxable year, but only one amendment may be filed in each interval.  (d) The tax administrator may grant a reasonable extension of time, not to exceed thirty (30) days, for filing a declaration.  (e) (1) The amount of the advance based on the estimated tax declared under subsection (a) of this section by corporations described in subdivision (b)(1) of this section shall be paid as follows:  (i) If the declaration is filed on or before the fifteenth (15th) day of the third (3rd) month of the taxable year, the advance shall be paid in two (2) installments. The first installment in the amount of forty percent (40%) of the estimated tax shall be paid at the time of the filing of the declaration. The second and last installment in the amount of sixty percent (60%) of the estimated tax shall be paid on or before the fifteenth (15th) day of the sixth (6th) month of the taxable year.  (ii) If the declaration is filed after the fifteenth (15th) day of the third (3rd) month of the taxable year and is not required by subsection (b) of this section to be filed on or before the fifteenth (15th) day of the third (3rd) month of the taxable year, but is required to be filed on or before the fifteenth (15th) day of the sixth (6th) month, the advance shall be paid in full at the time of filing.  (2) The amount of the advance based in the estimated tax declared under subsection (a) of this section by corporations listed in subdivision (b)(2) of this section shall be paid as follows:  (i) If the declaration is filed on or before the thirtieth (30th) day of the fourth (4th) month of the taxable year, the advance shall be paid in four (4) equal installments. The first installment shall be paid on or before the thirtieth (30th) day of the fourth (4th) month of the taxable year, and the second (2nd), third (3rd), and fourth (4th) installments shall be paid on or before the thirtieth (30th) day of the sixth (6th) month, the thirtieth (30th) day of the tenth (10th) month, and the thirty-first (31st) day of the twelfth (12th) month of the taxable year, respectively.  (ii) If the declaration is filed before the thirtieth (30th) day of the sixth (6th) month of the taxable year, the advance shall be paid in three (3) equal installments. The first installment shall be paid on or before the thirtieth (30th) day of the sixth (6th) month of the taxable year and the second (2nd) and third (3rd) installments shall be paid on or before the thirtieth (30th) day of the tenth (10th) month and the thirty-first (31st) day of the twelfth (12th) month of the taxable year respectively.  (iii) If the declaration is filed on or before the thirtieth (30th) day of the tenth (10th) month of the taxable year, the advance shall be paid in two (2) equal installments. The first installment shall be paid on or before the thirtieth (30th) day of the tenth (10th) month of the taxable year and the second installment shall be paid on or before the thirty-first (31st) day of the twelfth (12th) month of the taxable year.  (iv) If the declaration is filed after the time prescribed in subdivision (b)(2) of this section, including cases in which an extension of time for filing the declaration has been granted, there shall be paid at the time of the filing all installments of the advance which would have been payable on or before that time if the declaration had been filed within the time prescribed in subdivision (b)(2) of this section.  (f) If the declaration is filed after the time prescribed in subsection (b) of this section including cases in which an extension of time for filing the declaration has been granted, paragraph (e)(1)(ii) of this section does not apply, and there shall be paid at the time of the filing all installments of the advance which would have been payable on or before that time if the declaration had been filed within the time prescribed in subsection (b).  (g) If any amendment of a declaration is filed, the installment payable on or before the fifteenth (15th) day of the sixth (6th) month, if any, or in the case of corporations licensed as surplus line brokers under section 27-3-38, the installments payable on or before the thirtieth (30th) days of the sixth (6th) or tenth (10th) month and thirty-first (31st) day of the twelfth (12th) month are ratably increased or decreased, as the case may be, to reflect the increase or decrease, as the case may be, in the estimated tax by reason of the amendment.  (h) At the election of the corporation, any installment of the advance may be paid prior to the date prescribed for payment.  (i) In the case of any underpayment of the advance by a corporation, except as provided in this section, there is added to the tax due under chapters 11 -- 15 and 17 of this title, or section 27-3-38, for the taxable year an amount determined at the rate described in section 44-1-7 upon the amount of the underpayment for the period of the underpayment. For the purpose of this subsection, the "amount of the underpayment" is the excess of the amount of the installment or installments which would be required to be paid if the advance payments were equal to eighty percent (80%) of the tax shown on the return for the taxable year. For the purposes of this subsection, the "period of the underpayment" is the period from the date the installment was required to be paid to the date prescribed under any of the chapters previously mentioned in this section for the payment of the tax for the taxable year or, with respect to any portion of the underpayment, the date on which the portion is paid, whichever date is the earlier. A payment of the advance on the fifteenth (15th) day of the sixth (6th) month, or for section 27-3-38 on the thirtieth (30th) day of the sixth (6th) month, of the taxable year is considered a payment of any previous underpayment only to the extent that the payment exceeds the amount of the installment due on the fifteenth (15th) day of the sixth (6th) month, or for section 27-3-38 on the thirtieth (30th) day of the sixth (6th) month, of the taxable year.  (j) Notwithstanding the provisions of this section, the addition to the tax with respect to any underpayment of any installment is not imposed if the total amount of all payments of the advance made on or before the last date prescribed for payment of the installment equals or exceeds the amount which would have been required to be paid on or before that date if the amount of the advance was an amount equal to one hundred percent (100%) of the tax computed at the rates applicable to the taxable year but otherwise on the basis of the fact shown on the return of the corporation for and the law applicable to the preceding taxable year.  (k) This section is effective for estimated payments being made by corporations for taxable years ending on or after December 31, 1990.

(l) Notwithstanding any other provisions of this section any taxpayer required to make an adjustment in accordance with section 44-11-11(f) in a tax year beginning in calendar year 2008 shall compute estimated payments for that tax year as follows:

(1) The installments must equal 100% of the tax due for the prior year plus any additional tax due for the current year adjustment under section 44-11-11(f), or

(2) That installments must equal 100% of the current year tax liability.

 

SECTION 4. Section 44-11-14 of the General Laws in Chapter 44-11 entitled "Business Corporation Tax" is hereby amended to read as follows:

 

44-11-14. Allocation of income from business partially within state. -- (a) In the case of a taxpayer deriving its income from sources both within and outside of this state or engaging in any activities or transactions both within and outside of this state for the purpose of profit or gain, its net income shall be apportioned to this state by means of an allocation fraction to be computed as a simple arithmetical mean of three (3) fractions:

 (1) The first of these fractions shall represent that part held or owned within this state of the average net book value of the total tangible property (real estate and tangible personal property) held or owned by the taxpayer during the taxable year, without deduction on account of any encumbrance thereon;

 (2) The second fraction shall represent that part of the taxpayer's total receipts from sales or other sources during the taxable year which is attributable to the taxpayer's activities or transactions within this state during the taxable year; meaning and including within that part, as being thus attributable, receipts from:

 (i) Gross sales of its tangible personal property (inventory sold in the ordinary course of business) where : (A) shipments are made to points within this state; or

(B) shipments are made from an office, store, warehouse, factory or other place of storage in this state and the taxpayer is not taxable in the state of the purchase and the taxpayer is not taxable in the state of the purchase.

(ii) Gross income from services performed within the state;

 (iii) Gross income from rentals from property situated within the state;

 (iv) Net income from the sale of real and personal property, other than inventory sold in the ordinary course of business as described in paragraph (i) of this subdivision, or other capital assets located in the state;

 (v) Net income from the sale or other disposition of securities or financial obligations; and

 (vi) Gross income from all other receipts within the state;

 (3) The third fraction shall represent that part of the total wages, salaries, and other compensation to officers, employees, and agents paid or incurred by the taxpayer during the taxable year which is attributable to services performed in connection with the taxpayer's activities or transactions within this state during the taxable year.

 (b) Notwithstanding any of the provisions of this section, revenue and expenses subject to the gross earnings tax pursuant to chapter 13 of this title shall not be included in the calculation described in this section.   

 

SECTION 5. Sections 44-30-2.6 and 44-30-2.7 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.

 (1) For tax years beginning on or after January 1, 2005 and thereafter the exemption amount for alternative minimum tax, for Rhode Island purposes, shall be adjusted for inflation by the tax administrator in the manner prescribed for adjustment by the commissioner of Internal Revenue in 26 U.S.C. section 1(f).

(2) For the period January 1, 2007 through December 31, 2007, and thereafter, Rhode Island taxable income shall be determined by deducting from federal adjusted gross income as defined in 26 U.S.C. section 62 as modified by the modifications in section 44-30-12 the Rhode Island itemized deduction amount and the Rhode Island exemption amount as determined in this section.

(A) Tax imposed.

(1) There is hereby imposed on the taxable income of married individuals filing joint returns and surviving spouses a tax determined in accordance with the following table:

If taxable income is:                                     The tax is:

Not over $53,150                                       3.75% of taxable income

Over $53,150 but not over $128,500         $1,993.13 plus 7.00% of the excess over $53,150

Over $128,500 but not over $195,850       $7,267.63 plus 7.75% of the excess over $128,500

Over $195,850 but not over $349,700       $12,487.25 plus 9.00% of the excess over $195,850

Over $349,700                                           $26,333.75 plus 9.90% of the excess over $349,700

(2) There is hereby imposed on the taxable income of every head of household a tax determined in accordance with the following table:

If taxable income is:                                     The tax is:

Not over $42,650                                       3.75% of taxable income

Over $42,650 but not over $110,100         $1,599.38 plus 7.00% of the excess over $42,650

Over $110,100 but not over $178,350       $6,320.88 plus 7.75% of the excess over $110,100

Over $178,350 but not over $349,700       $11,610.25 plus 9.00% of the excess over $178,350

Over $349,700                                           $27,031.75 plus 9.90% of the excess over $349,700

(3) There is hereby imposed on the taxable income of unmarried individuals (other than surviving spouses and heads of households) a tax determined in accordance with the following table:

If taxable income is:                                     The tax is:

Not over $31,850                                       3.75% of taxable income

Over $31,850 but not over $77,100           $1,194.38 plus 7.00% of the excess over $31,850

Over $77,100 but not over $160,850         $4,361.88 plus 7.75% of the excess over $77,100

Over $160,850 but not over $349,700       $10,852.50 plus 9.00% of the excess over $160,850

Over $349,700                                           $27,849.00 plus 9.90% of the excess over $349,700

(4) There is hereby imposed on the taxable income of married individuals filing separate returns and bankruptcy estates a tax determined in accordance with the following table:

If taxable income is:                                     The tax is:

Not over $26,575                                       3.75% of taxable income

Over $26,575 but not over $64,250           $996.56 plus 7.00% of the excess over $26,575

Over $64,250 but not over $97,925           $3,633.81 plus 7.75% of the excess over $64,250

Over $97,925 but not over $174,850         $6,243.63 plus 9.00% of the excess over $97,925

Over $174,850                                          $13,166.88 plus 9.90% of the excess over $174,850

(5)There is hereby imposed a taxable income of an estate or trust a tax determined in accordance with the following table:

If taxable income is:                                     The tax is:

Not over $2,150                                         3.75% of taxable income

Over $2,150 but not over $5,000               $80.63 plus 7.00% of the excess over $2,150

Over $5,000 but not over $7,650               $280.13 plus 7.75% of the excess over $5,000

Over $7,650 but not over $10,450             $485.50 plus 9.00% of the excess over $7,650

Over $10,450                                             $737.50 plus 9.90% of the excess over $10,450

(6) Adjustments for inflation.

The dollars amount contained in paragraph (A) shall be increased by an amount equal to:

(a) such dollar amount contained in paragraph (A) in the year 1993, multiplied by;

(b) the cost-of-living adjustment determined under section (J) with a base year of 1993;

(c) the cost-of-living adjustment referred to in subparagraph (a) and (b) used in making adjustments to the nine percent (9%) and nine and nine tenths percent (9.9%) dollar amounts shall be determined under section (J) by substituting "1994" for "1993."

(B) Maximum capital gains rates

(1) In general

If a taxpayer has a net capital gain for any taxable year, the tax imposed by this section for such taxable year shall not exceed the sum of:

(a) 2.5 % of the net capital gain as reported for federal income tax purposes under section 26 U.S.C. 1(h)(1)(a) and 26 U.S.C. 1(h)(1)(b).

(b) 5% of the net capital gain as reported for federal income tax purposes under 26 U.S.C. 1(h)(1)(c).

(c) 6.25% of the net capital gain as reported for federal income tax purposes under 26 U.S.C. 1(h)(1)(d).

(d) 7% of the net capital gain as reported for federal income tax purposes under 26 U.S.C. 1(h)(1)(e).

(C) Itemized deductions.

(1) In general

For the purposes of section (2) "itemized deductions" means the amount of federal itemized deductions as modified by the modifications in section 44-30-12.

(2) Individuals who do not itemize their deductions

In the case of an individual who does not elect to itemize his deductions for the taxable year, they may elect to take a standard deduction.

(3) Basic standard deduction.

The Rhode Island standard deduction shall be allowed in accordance with the following table:

Filing status                                                                           Amount

Single                                                                                    $5,350

Married filing jointly or qualifying widow(er)                           $8,900

Married filing separately                                                        $4,450

Head of Household                                                               $7,850

(4) Additional standard deduction for the aged and blind.

An additional standard deduction shall be allowed for individuals age sixty-five (65) or older or blind in the amount of $1,300 for individuals who are not married and $1,050 for individuals who are married.

(5) Limitation on basic standard deduction in the case of certain dependents.

In the case of an individual to whom a deduction under section (E) is allowable to another taxpayer, the basic standard deduction applicable to such individual shall not exceed the greater of:

(a) $850;

(b) the sum of $300 and such individual's earned income;

(6) Certain individuals not eligible for standard deduction.

In the case of:

(a) a married individual filing a separate return where either spouse itemizes deductions;

(b) nonresident alien individual;

(c) an estate or trust;

The standard deduction shall be zero.

(7) Adjustments for inflation.

Each dollars amount contained in paragraphs (3), (4) and (5) shall be increased by an amount equal to:

(a) such dollar amount contained in paragraphs (3), (4) and (5) in the year 1988, multiplied by

(b) the cost-of-living adjustment determined under section (J) with a base year of 1988.

(D) Overall Limitation on Itemized Deductions

(1) General rule.

In the case of an individual whose adjusted gross income as modified by section 44-30-12 exceeds the applicable amount, the amount of the itemized deductions otherwise allowable for the taxable year shall be reduced by the lesser of:

(a) Three percent (3%) of the excess of adjusted gross income as modified by section 44-30-12 over the applicable amount; or

(b) Eighty percent (80%) of the amount of the itemized deductions otherwise allowable for such taxable year.

(2) Applicable amount.

(a) In general.

For purposes of this section, the term "applicable amount" means $156,400 ($78,200 in the case of a separate return by a married individual)

(b) Adjustments for inflation.

Each dollar amount contained in paragraph (a) shall be increased by an amount equal to:

(i) such dollar amount contained in paragraph (a)  in the year 1991, multiplied by

(ii) the cost-of-living adjustment determined under section (J) with a base year of 1991.

(3) Phase-out of Limitation.

(a) In general.

In the case of taxable year beginning after December 31, 2005, and before January 1, 2010, the reduction under section (1) shall be equal to the applicable fraction of the amount which would be the amount of such reduction.

(b) Applicable fraction.

For purposes of paragraph (a), the applicable fraction shall be determined in accordance with the following table:

For taxable years beginning in calendar year                           The applicable fraction is

2006 and 2007                                                                                   2/3

2008 and 2009                                                                                   1/3

(E) Exemption Amount

(1) In general.

Except as otherwise provided in this subsection, the term "exemption amount" mean $3,400.

(2) Exemption amount disallowed in case of certain dependents.

In the case of an individual with respect to whom a deduction under this section is allowable to another taxpayer for the same taxable year, the exemption amount applicable to such individual for such individual's taxable year shall be zero.

(3) Adjustments for inflation.

The dollar amount contained in paragraph (1) shall be increased by an amount equal to:

(a) such dollar amount contained in paragraph (1) in the year 1989, multiplied by

(b) the cost-of-living adjustment determined under section (J) with a base year of 1989.

(4) Limitation.

(a) In general.

In the case of any taxpayer whose adjusted gross income as modified for the taxable year exceeds the threshold amount shall be reduced by the applicable percentage.

(b) Applicable percentage.

In the case of any taxpayer whose adjusted gross income for the taxable year exceeds the threshold amount, the exemption amount shall be reduced by two (2) percentage points for each $2,500 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year exceeds the threshold amount.  In the case of a married individual filing a separate return, the preceding sentence shall be applied by substituting "$1,250"  for "$2,500." In no event shall the applicable percentage exceed one hundred percent (100%).

(c) Threshold Amount.

For the purposes of this paragraph, the term "threshold amount" shall be determined with the following table:

Filing status                                                                           Amount

Single                                                                                    $156,400

Married filing jointly of qualifying widow(er)                           $234,600

Married filing separately                                                        $117,300

Head of Household                                                               $195,500

(d) Adjustments for inflation.

Each dollars amount contain in paragraph (b) shall be increased by an amount equal to:

(i) such dollar amount contained in paragraph (b) in the year 1991, multiplied by

(ii) the cost-of-living adjustment determined under section (J) with a base year of 1991.

(5) Phase-out of Limitation.

(a) In general.

In the case of taxable years beginning after December 31, 2005, and before January 1, 2010, the reduction under section 4 shall be equal to the applicable fraction of the amount which would be the amount of such reduction.

(b) Applicable fraction.

For the purposes of paragraph (a), the applicable fraction shall be determined in accordance with the following table:

For taxable years beginning in calendar year                           The applicable fraction is

2006 and 2007                                                                                   2/3

2008 and 2009                                                                                   1/3

(F) Alternative Minimum Tax

(1) General rule – There is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to the excess (if any) of:

(a) the tentative minimum tax for the taxable year, over

(b) the regular tax for the taxable year.

(2) The tentative minimum tax for the taxable year is the sum of:

(a) 6.5 percent of so much of the taxable excess as does not exceed $175,000, plus

(b) 7.0 percent of so much of the taxable excess above $175,000.

(3) The amount determined under the preceding sentence shall be reduced by the alternative minimum tax foreign tax credit for the taxable year.

(4) Taxable excess – For the purposes of this subsection the term "taxable excess" means so much of the federal alternative minimum taxable income as modified by the modifications in section 44-30-12 as exceeds the exemption amount.

(5) In the case of a married individual filing a separate return, subparagraph (2) shall be applied by substituting "$87,500" for $175,000 each place it appears.

(6) Exemption amount.

For purposes of this section "exemption amount" means:

Filing status                                                                           Amount

Single                                                                                    $39,150

Married filing jointly or qualifying widow(er)                           $53,700

Married filing separately                                                        $26,850

Head of Household                                                               $39,150

Estate or trust                                                                        $24,650

(7) Treatment of unearned income of minor children

(a) In general.

In the case of a minor child, the exemption amount for purposes of section (6) shall not exceed the sum of:

(i) such child's earned income, plus

(ii) $6,000.

(8) Adjustments for inflation.

The dollar amount contained in paragraphs (6) and (7) shall be increased by an amount equal to:

(a) such dollar amount contained in paragraphs (6) and (7) in the year 2004, multiplied by

(b) the cost-of-living adjustment determined under section (J) with a base year of 2004.

(9) Phase-out.

(a) In general.

The exemption amount of any taxpayer shall be reduced (but not below zero) by an amount equal to twenty-five percent (25%) of the amount by which alternative minimum taxable income of the taxpayer exceeds the threshold amount.

(b) Threshold amount.

For purposes of this paragraph, the term "threshold amount" shall be determined with the following table:

Filing status                                                                           Amount

Single                                                                                    $123,250

Married filing jointly or qualifying widow(er)                           $164,350

Married filing separately                                                        $82,175

Head of Household                                                               $123,250

Estate or Trust                                                                       $82,150

(c) Adjustments for inflation

Each dollar amount contained in paragraph (9) shall be increased by an amount equal to:

(i) such dollar amount contained in paragraph (9) in the year 2004, multiplied by

(ii) the cost-of-living adjustment determined under section (J) with a base year of 2004.

(G) Other Rhode Island Taxes

(1) General rule – There is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to twenty-five percent (25%) of':

(a) The Federal income tax on lump-sum distributions.

(b) The Federal income tax on parents' election to report child's interest and dividends.

(c) The recapture of Federal tax credits that were previously claimed on Rhode Island return.

(H) Tax for children under 18 with investment income

(1) General rule – There is hereby imposed a tax equal to twenty-five percent (25%) of:

(a) The Federal tax for children under the age of 18 with investment income.

(I) Averaging of farm income

(1) General Rule – At the election of an individual engaged in a farming business or fishing business, the tax imposed in section 2 shall be equal to twenty-five percent (25%) of:

(a) The Federal averaging of farm income as determined in IRC section 1301.

(J) Cost-of-Living Adjustment

(1) In general.

The cost-of-living adjustment for any calendar year is the percentage (if any) by which:

(a) the CPI for the preceding calendar year exceeds

(b) the CPI for the base year.

(2) CPI for any calendar year.

For purposes of paragraph (1), the CPI for any calendar year is the average of the Consumer Price Index as of the close of the twelve (12) month period ending on August 31 of such calendar year.

(3) Consumer Price Index

For purposes of paragraph (2), the term "consumer price index" means the last consumer price index for all urban consumers published by the department of labor.  For purposes of the preceding sentence, the revision of the consumer price index which is most consistent with the consumer price index for calendar year 1986 shall be used.

(4) Rounding.

(a) In general.

If any increase determined under paragraph (1) is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50.

(b) In the case of a married individual filing a separate return, subparagraph (a) shall be applied by substituting "$25" for $50 each place it appears.

 (d) (K) 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.

 (e) (L) Credit Against Tax for Adoption. - For tax years beginning on or after January 1, 2006, a taxpayer entitled to the federal adoption credit shall be entitled to a credit against the Rhode Island tax imposed under this section if the adopted child was under the care, custody, or supervision of the Rhode Island department of children, youth and families prior to the adoption.

 (f) (M) The credit shall be twenty-five percent (25%) of the aforementioned federal credits 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.

(N) Rhode Island Earned Income Credit

(1) In general.

A taxpayer entitled to a federal earned income credit shall be allowed a Rhode Island earned income credit equal to twenty-five percent (25%) of the federal earned income credit.  Such credit shall not exceed the amount of the Rhode Island income tax.

(2) Refundable portion.

In the event the Rhode Island earned income credit allowed under section (J) exceeds the amount of Rhode Island income tax, a refundable earned income credit shall be allowed.

(a) For purposes of paragraph (2) refundable earned income credit means fifteen percent (15%) of the amount by which the Rhode Island earned income credit exceeds the Rhode Island income tax.

(O) The tax administrator shall recalculate and submit necessary revisions to paragraphs (A) through (J) to the general assembly no later than February 1, 2010 and every three (3) years thereafter for inclusion in the statute.

 

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

(i) 0.83% of the net capital gain as reported for federal income tax purposes under 26 U.S.C. section 1(h)(1)(a) and 26 U.S.C. section 1(h)(1)(b).

(ii) 1.67% of the net capital gain as reported for federal income tax purposes under 26 U.S.C. section 1(h)(1)(c).

(iii) 2.08% of the net capital gain as reported for federal income tax purposes under 26 U.S.C. section 1(h)(1)(d).

(iv) 2.33% of the net capital gain as reported for federal income tax purposes under 26 U.S.C. section 1(h)(1)(e).

Beginning in tax year 2008 and thereafter, the capital gains rate for assets held more than five (5) years shall be zero percent (0%).

 

SECTION 6. Section 44-30-98 of the General Laws in Chapter 44-30 entitled "Personal Income Tax" is hereby repealed.

 

44-30-98. Refundable earned income credit. -- A taxpayer shall be allowed a credit as provided in section 44-30-2.6(d); provided, however, fifteen percent (15%) of the excess Rhode Island earned income credit will be refunded for the 2006 taxable year and each taxable year thereafter.

 

SECTION 7.  Section 42-141-5 of the General Laws in Chapter 42-141 entitled “Affordable Energy” is hereby amended to read as follows:

 

42-141-5. Affordable energy fund. – (1) A special account is hereby established in the state treasury to be called the "affordable energy fund."

(2) Money remaining in the fund at the end of a fiscal year shall remain available for expenditure in successive fiscal years.

(3) The fund shall be used for only those purposes enumerated in subsection (d).

(b) Financing of the fund. The fund shall consist of the following sources:

(1) Sums the legislature may appropriate;

(2) Moneys received from federal, state, private donor or other sources for the purpose of energy affordability by low income households;

(3) Fees required pursuant to subsection (c); and

(4) Any interest earned on the moneys in the fund.

(1) [Effective July 1, 2007]. An affordable energy fee in an amount set forth in this subsection shall be imposed on gross receipts of electricity and gas companies and gross receipts on the sale of heating fuels not used for residential heating. The fee shall be remitted to the division of taxation according to the applicable schedule for the remission of the gross receipts tax as provided for in chapter 44-13 or the sales and use as provided for in chapter 44-18. The fees shall be as follows:

(i) Gas. Effective January 1, 2009, one-quarter of one percent (0.25%) of the gross receipts tax of gas companies subject to the provisions of chapter 44-13 “Public Service Corporation Tax”. Effective January 1, 2010, one-half of one percent (0.50%) of the gross receipts of gas companies subject to the provisions of chapter 44-13 “Public Service Corporation Tax”. Effective January 1, 2011 three-quarters of  one percent (0.75%) of the gross receipts of gas companies subject to the provisions of chapter 44-13 “Public Service Corporation Tax”. Effective January 1, 2012 and each January 1 thereafter Oone percent (1%) of the gross receipts of gas companies subject to the provisions of chapter 44-13, "Public Service Corporation Tax".

(ii) Electricity. Effective January 1, 2009, one-quarter of one percent (0.25%) of the gross receipts tax of electric companies subject to the provisions of chapter 44-13 “Public Service Corporation Tax”. Effective January 1, 2010, one-half of one percent (0.50%) of the gross receipts of electric companies subject to the provisions of chapter 44-13 “Public Service Corporation Tax”. Effective January 1, 2011, three-quarters of one percent (0.75%) of the gross receipts of electric companies subject to the provisions of chapter 44-13 “Public Service Corporation Tax”. Effective January 1, 2012 and each January 1 thereafter,  Oone percent (1%) of the gross receipts of electric companies subject to the provisions of chapter 44-13, "Public Service Corporation Tax".

(iii) Heating fuel other than natural gas and electricity. Effective January 1, 2009, one-half percent (.50%) of gross receipts from the sales and use of heating fuel subject to the provisions of chapter 44-18 “Sales and Use Taxes – Liability and Computation”. Effective January 1, 2010, one percent (1.0%) of gross receipts from the sales and use of heating fuel subject to the provisions of chapter 44-18 “Sales and Use Taxes – Liability and Computation”.  Effective January 1, 2011, one and one-half percent (1.5%) of gross receipts from the sales and use of heating fuel subject to the provisions of chapter 44-18. Effective January 1, 2012 and each January 1 thereafter Ttwo percent (2%) of gross receipts from the sales and use of heating fuel subject to the provisions of chapter 44-18. "Sales and Use Taxes – Liability and Computation".

(2) Every person from whom an affordable energy fee is due shall be liable for the fee until it has been paid to the state.

(1) The commissioner may use money from the fund to:

(i) Support weatherization and energy conservation educational programs and weatherization and energy conservation services for low-income and very low income households;

(ii) Compensate electric and gas distribution companies for revenues lost due to the reductions in distribution and customer charges, in accordance with a plan approved by the commission, to very low income households, and if feasible to low income households, which shall, as a first priority, be used to provide up to a fifty percent (50%) reduction in the distribution and customer charges for a reasonable and prudent use by very low-income households of gas and electricity that does not exceed average use for comparable dwelling units.

(iii) Defray the cost of heating fuel delivered to very low income households by an amount not to exceed twenty-five percent (25%) of the allowable cost of heating fuel and a total usage by the household, supported assistance from all sources overseen by the commissioner, that is reasonable and prudent and does not exceed average use for comparable dwelling units.

(iv) It is not the purpose of the fund to reduce the amount of assistance a household would otherwise receive from LIHEAP and other sources in the absence of the fund or to subsidize utility rates in effect as of July 1, 2006, and provided for by law.

(2) If the commissioner determines it is in the public interest to allocate funds for the purposes set forth in subparagraph (1)(ii) above, the commissioner shall notify the commission of the amount of funds to be allocated for a specified period. The commission shall then direct the electric and/or gas distribution companies to file amendments to the appropriate tariffs to implement rate reductions designed to provide the rate reduction consistent with the amount allocated for the period designated, which amendments are subject to the review and approval of the commission. Once approval is given, the allocated funds shall be transferred to the gas and/or electric distribution company. Any funds held after transfer shall accumulate interest at the customer deposit rate ("interest"). If, at the end of the rate reduction period, there are any unused dollars from the fund, such dollars shall be returned to the affordable energy fund with interest. Likewise, if at the end of the rate reduction period, there were not enough funds allocated to cover the rate reduction as designed, the shortfall will be reimbursed from the affordable energy fund with interest; provided, however, if there are no additional funds available from the fund, such shortfall or uncovered balance of such shortfall will be recovered with interest from all customers in a manner and over the period approved by the commission.

(1) The commissioner shall administer the fund in accordance with this chapter.

(2) The commissioner in consultation with the department shall adopt procedures governing the expenditure of, and accounting for, money expended from the fund.

(3) The commissioner is responsible for insuring that there are adequate moneys available in the fund to carry out the purposes of this section.

(4) The commissioner shall maintain accounting records showing the income and expenses of the fund.

(f) Expenditure of fund money. Disbursements may be made from the fund for the following purposes:

(1) Necessary administrative expenses, personnel expenses and equipment costs of the office related to this section which shall not exceed ten percent (10%) of the revenue of the fund;

(2) All costs to effectuate the purposes of the fund as set forth in subsection (d).

(g) Report to the legislature. The commissioner shall submit a report to the legislature not later than the tenth (10th) day following the convening of each regular session of the legislature. The report may include information considered significant by the commissioner but must include:

(1) The amount of money expended under § 42-141-5 during the preceding fiscal year;

(2) The amount and source of money received during the preceding fiscal year;

(3) A detailed summary of activities funded by the fund during the preceding fiscal year;

(4) The projected cost to the fund for affordable energy programs in the next fiscal year.

 

SECTION 8.   Section 44-13-4 of the General Laws in Chapter 44-13 entitled “Public Service Corporation Tax” is hereby amended to read as follows:

 

44-13-4. Rate of taxation. – The tax imposed will be at the following rates:

(1) In the case of every corporation whose principal business is a steamboat or ferryboat business as a common carrier, every common carrier steam or electric railroad corporation, every street railway corporation, every common carrier dining, sleeping, chair, or parlor car corporation, every corporation whose principal business is selling and distributing water to the public, and every toll bridge corporation, one and one-fourth percent (1.25%) of its gross earnings;

(2) In the case of every corporation whose principal business is manufacturing, selling, distributing and/or transmitting currents of electricity to be used for light, heat, or motive power, four percent (4%) of its gross earnings, but deductions shall be made of gross earnings from the transmission or sale of electricity to other public utility corporations, non-regulated power producers, or municipal utilities for resale, whether within or outside of this state; provided, that the tax measured by the portion of the utility's gross earnings as is derived from the manufacture and sale of illuminating and heating gas and its by-products and the merchandising of gas appliances shall be computed at the rate of three percent (3%); provided, however, that effective July 1, 2007 January 1, 2009, the amount of the tax herein established shall be reduced by the fee due and paid to the affordable energy fund established by § 42-141-5;

(3) In the case of every express corporation carrying on its business on steamboats, steam or electric railroads, or street railways and of every public service corporation whose principal business is that of a telegraph corporation, four percent (4%) of its gross earnings;

(4) In the case of every telecommunications corporation providing telecommunications service, ten percent (10%) of its gross earnings; provided, that the rate shall be nine percent (9%) effective July 1, 1985, eight percent (8%) effective July 1, 1986, seven percent (7%) effective July 1, 1987, six percent (6%) effective July 1, 1988, and five percent (5%) effective July 1, 1997. For purposes of this chapter, "telecommunications service" means the transmission of any interactive two-way electromagnetic communications including voice, image, data, and other information, by means of wire, cable, including fiber optical cable, microwave, and radio wave, or any combinations of these media. This definition does not include value added non-voice services in which computer processing applications are used to act on the form, content, code, and protocol of the information to be transmitted;

(5) In the case of every public service cable corporation, eight percent (8%) of its gross earnings;

(6) In the case of every corporation whose principal business is manufacturing, selling and/or distributing to the public illuminating or heating gas, three percent (3%) of its gross earnings.

 

SECTION 9.  Section 44-18-30.D of the General Laws in Chapter 44-18 entitled “Sales and Use Taxes – Liability and Computation” is hereby amended to read as follows:

 

44-18-30.D. Credit for fees to the affordable energy fund. – Effective July 1, 2007 January 1, 2009, there shall be a credit, of the amount of the fee due and paid to the affordable energy fund established by § 42-141-5, against the gross receipts tax for the sales and use of heating fuel not exempted from taxation pursuant to subsection 44-18-30(20).

 

  SECTION 10. Section 31-6-1 of the General Laws in Chapter 31-6 entitled “Registration Fees” is hereby amended to read as follows:

 

31-6-1. Amount of registration and miscellaneous fees. – (a) The following registration fees shall be paid to the division of motor vehicles for the registration of motor vehicles, trailers, semi-trailers, and school buses subject to registration for each year of registration:

(1) For the registration of every automobile, when equipped with pneumatic tires, the gross weight of which is not more than four thousand pounds (4,000 lbs.): thirty dollars ($30.00).  

(2) For the registration of every motor truck or tractor when equipped with pneumatic tires, for the gross weight of which is not more than four thousand pounds (4,000 lbs.):

(i) Not more than four thousand pounds (4,000 lbs.): thirty-four dollars ($34.00);.

(3) For the registration of every automobile, motor truck or tractor, when equipped with pneumatic tires, the gross weight of which is:

(ii)(i) More than four thousand pounds (4,000 lbs.), but not more than five thousand pounds (5,000 lbs.): forty dollars ($40.00);

(iii)(ii) More than five thousand pounds (5,000 lbs.), but not more than six thousand pounds (6,000 lbs.): forty-eight dollars ($48.00);

 (iv) (iii) More than six thousand pounds (6,000 lbs.), but not more than seven thousand pounds (7,000 lbs.): fifty-six dollars ($56.00);

(v) (iv) More than seven thousand pounds (7,000 lbs.), but not more than eight thousand pounds (8,000 lbs.): sixty-four dollars ($64.00);

(vi) (v) More than eight thousand pounds (8,000 lbs.), but not more than nine thousand pounds (9,000 lbs.): seventy dollars ($70.00);

(vii) (vi) More than nine thousand pounds (9,000 lbs.), but not more than ten thousand pounds (10,000 lbs.): seventy-eight dollars ($78.00);

(viii) (vii) More than ten thousand pounds (10,000 lbs.), but not more than twelve thousand pounds (12,000 lbs.): one hundred six dollars ($106);

(ix) (viii) More than twelve thousand pounds (12,000 lbs.), but not more than fourteen thousand pounds (14,000 lbs.): one hundred twenty-four dollars ($124);

(x) (ix) More than fourteen thousand pounds (14,000 lbs.), but not more than sixteen thousand pounds (16,000 lbs.): one hundred forty dollars ($140);

(xi) (x) More than sixteen thousand pounds (16,000 lbs.), but not more than eighteen thousand pounds (18,000 lbs.): one hundred fifty-eight dollars ($158);

(xii) (xi) More than eighteen thousand pounds (18,000 lbs.), but not more than twenty thousand pounds (20,000 lbs.): one hundred seventy-six dollars ($176);

(xiii) (xii) More than twenty thousand pounds (20,000 lbs.), but not more than twenty-two thousand pounds (22,000 lbs.): one hundred ninety-four dollars ($194);

(xiv) (xiii) More than twenty-two thousand pounds (22,000 lbs.), but not more than twenty-four thousand pounds (24,000 lbs.): two hundred ten dollars ($210);

(xv) (xiv) More than twenty-four thousand pounds (24,000 lbs.), but not more than twenty-six thousand pounds (26,000 lbs.): two hundred thirty dollars ($230);

(xvi) (xv) More than twenty-six thousand pounds (26,000 lbs.), but not more than twenty-eight thousand pounds (28,000 lbs.): two hundred ninety-six dollars ($296);

(xvii) (xvi) More than twenty-eight thousand pounds (28,000 lbs.), but not more than thirty thousand pounds (30,000 lbs.): three hundred sixteen dollars ($316);

(xviii) (xvii) More than thirty thousand pounds (30,000 lbs.), but not more than thirty-two thousand pounds (32,000 lbs.): four hundred and twenty-two dollars ($422);

(xix) (xviii) More than thirty-two thousand pounds (32,000 lbs.), but not more than thirty-four thousand pounds (34,000 lbs.): four hundred and forty-eight dollars ($448);

(xx) (xix) More than thirty-four thousand pounds (34,000 lbs.), but not more than thirty-six thousand pounds (36,000 lbs.): four hundred and seventy-six dollars ($476);

(xxi) (xx) More than thirty-six thousand pounds (36,000 lbs.), but not more than thirty-eight thousand pounds (38,000 lbs.): five hundred and two dollars ($502);

(xxii) (xxi) More than thirty-eight thousand pounds (38,000 lbs.), but not more than forty thousand pounds (40,000 lbs.): five hundred and twenty-eight dollars ($528);

(xxiii) (xxii) More than forty thousand pounds (40,000 lbs.), but not more than forty-two thousand pounds (42,000 lbs.): five hundred and fifty-four dollars ($554);

(xxiv) (xxiii) More than forty-two thousand pounds (42,000 lbs.), but not more than forty-six thousand pounds (46,000 lbs.): six hundred and eight dollars ($608);

(xxv) (xxiv) More than forty-six thousand pounds (46,000 lbs.), but not more than fifty thousand pounds (50,000 lbs.): six hundred and sixty dollars ($660);

(xxvi) (xxv) More than fifty thousand pounds (50,000 lbs.), but not more than fifty-four thousand pounds (54,000 lbs.): seven hundred and twelve dollars ($712);

(xxvii) (xxvi) More than fifty-four thousand pounds (54,000 lbs.), but not more than fifty-eight thousand pounds (58,000 lbs.): seven hundred and sixty-eight dollars ($768);

(xxviii) (xxvii) More than fifty-eight thousand pounds (58,000 lbs.), but not more than sixty-two thousand pounds (62,000 lbs.): eight hundred and sixteen dollars ($816);

(xxix) (xxviii) More than sixty-two thousand pounds (62,000 lbs.), but not more than sixty-six thousand pounds (66,000 lbs.): eight hundred and seventy-six dollars ($876);

(xxx) (xxix)More than sixty-six thousand pounds (66,000 lbs.), but not more than seventy thousand pounds (70,000 lbs.): nine hundred and twenty-four dollars ($924);

(xxxi) (xxx) More than seventy thousand pounds (70,000 lbs.), but not more than seventy-four thousand pounds (74,000 lbs.): nine hundred and seventy-two dollars ($972);

(xxxii) (xxxi) Over seventy-four thousand pounds (74,000 lbs.): nine hundred and seventy-two dollars ($972), plus twenty-four dollars ($24.00) per two thousand pounds (2,000 lbs.) gross weight.

(3) (4) For the registration of every semi-trailer to be used with a truck-tractor as defined in § 31-1-4(a) shall be as follows : annual fee of twelve dollars ($12.00) for a one year registration, for multi-year registrations the fee of fifty dollars ($50.00) for a five (5) year registration and eighty dollars ($80.00) for an eight (8) year registration. However, when in use the weight of the resulting semi-trailer unit and its maximum carrying capacity shall not exceed the gross weight of the original semi-trailer unit from which the gross weight of the tractor was determined. A registration certificate and registration plate shall be issued for each semi-trailer so registered. There shall be no refund of payment of such fee, except that when a plate is returned prior to ninety (90) days before the effective date of that year's registration, the pro rate amount, based on the unused portion of the multi-year registration plate period at time of surrender, shall be refunded. A multi-year semi-trailer registration may be transferred to another semi-trailer subject to the provisions and fee set forth in § 31-6-11. Thirty percent (30%) of the semi-trailer registration fee shall be retained by the division of motor vehicles to defray the costs of implementation of the international registration plan (IRP) and fleet registration section.

(4) (5) For the registration of every automobile, motor truck, or tractor, when equipped with other than pneumatic tires, there shall be added to the above gross weight fees a charge of ten cents (10¢) for each one hundred (100) pounds of gross weight.

(5) (6) For the registration of every public bus, the rates provided for motor vehicles for hire plus two dollars ($2.00) for each passenger which that bus is rated to carry, the rating to be determined by the administrator of the division of motor vehicles.

(6) (7) For the registration of every motorcycle, or motor-driven cycle, thirteen dollars ($13.00). Three dollars ($3.00) from that sum shall be turned over to the department of education to assist in the payment of the cost of the motorcycle driver's education program as enumerated in § 31-10.1-1.1.

(7) (8) For the registration of every trailer not including semi-trailers used with a truck-tractor as defined in § 31-1-4(a), with a gross weight of three thousand pounds (3,000 lbs.) or less, five dollars ($5.00). Trailers with a gross weight of more than three thousand pounds (3,000 lbs.) shall be assessed a registration fee of one dollar and fifty cents ($1.50) per thousand pounds (1,000 lbs.).

(8) (9) The annual registration fee for a motor vehicle, commonly described as a boxcar and/or locomotive, and used only by la societe des 40 hommes et 8 chevaux for civic demonstration, parades, convention purposes or social welfare work, shall be two dollars ($2.00).

(9) (10) For the registration of every motor vehicle, trailer, or semi-trailer owned by any department or agency of any city or town or district, provided the name of the city or town or district or state department or agency owning the same shall be plainly printed on two (2) sides of the vehicle, two dollars ($2.00).

(10) (11) For the registration of motor vehicles used for racing, fifteen dollars ($15.00).

(11) (12) For every duplicate registration certificate, seventeen dollars ($17.00).

(12) (13) For every certified copy of a registration certificate or application, ten dollars ($10.00).

(13) (14) For every certificate assigning a special identification number or mark as provided in § 31-3-37, one dollar ($1.00).

(14) (15) For every replacement of number plates or additional pair of number plates, without changing the number, thirty dollars ($30.00).

(15) (16) For the registration of every farm vehicle, used in farming as provided in § 31-3-31, ten dollars ($10.00).

(16) (17) For the registration of antique motor vehicles, five dollars ($5.00).

(17) (18) For the registration of a suburban vehicle, when used as a pleasure vehicle and the gross weight of which is not more than four thousand pounds (4,000 lbs.), the same rates as charged in subdivision (1) of this subsection shall be applicable and when used as a commercial vehicle and the gross weight of which is not more than four thousand pounds (4,000 lbs.), the same rates as provided in subdivision (2) of this subsection shall be applicable.  The rates in subdivision (3) of this subsection shall be applicable when the suburban vehicle has a gross weight of more than four thousand pounds (4,000 lbs.), regardless of the use of the vehicle.  

(18) (19) For the registration of every motor bus which is used exclusively under contract with a political subdivision or school district of the state for the transportation of school children, three dollars ($3.00) provided that the motor bus may also be used for the transportation of persons to and from church and Sunday school services, and for the transportation of children to and from educational or recreational projects sponsored by a city or town or by any association or organization supported wholly or in part by public or private donations for charitable purposes, without the payment of additional registration fee.

(19) (20) For the registration of every motorized bicycle, ten dollars ($10.00).

(20) (21) For the registration of every motorized tricycle, ten dollars ($10.00).

(21) (22) For the replacement of number plates with a number change, twenty dollars ($20.00).

(22) (23) For the initial issuance and each reissuance of fully reflective plates as required by §§ 31-3-10 and 31-3-32, an additional six dollars ($6.00).

(23) (24) For the issuance of a trip permit under the International Registration Plan, twenty-five dollars ($25.00) per vehicle. The division of motor vehicles is authorized to issue seventy-two (72) hour trip permits for vehicles required to be registered in the International Registration Plan that have not been apportioned with the state of Rhode Island.

(24) (25) For the issuance of a hunter's permit under the International Registration Plan, twenty-five dollars ($25.00) per vehicle. The division of motor vehicles is authorized to issue hunter's permits for motor vehicles based in the state of Rhode Island and otherwise required to be registered in the International Registration Plan. These permits are valid for thirty (30) days.

(25) (26) For the registration of a specially adapted motor vehicle necessary to transport a family member with a disability for personal, noncommercial use, a fee of thirty dollars ($30.00) assessed.

(b) In the event that the registrant voluntarily cancels his registration within the period of registration, the division of motor vehicles shall refund only that portion of the fee paid which represents full-year segments of the registration fee paid.

 

SECTION 11 Section 31-3-17.1 of the General Laws in Chapter 31-3 entitled "Registration of Vehicles" is hereby amended to read as follows:

 

31-3-17.1. Courtesy plates. -- The administrator of the division of motor vehicles shall design and issue under regulations that he or she deems appropriate, special courtesy automobile, motorcycle, and commercial registration plates to be used on passenger motor vehicles, motorcycles, and all commercial vehicles whose gross weight is not more than nine thousand pounds (9,000 lbs.) in lieu of other number plates. Special plates shall be of such design and shall bear such letters or combinations of letters and numbers as the administrator of the division of motor vehicles shall prescribe, and shall be made of light-reflecting sheeting applied on a metal base, provided that no automobile set of plates shall contain more than six (6) letters and numbers in a combination of letters and numbers, or less than two (2) letters, and that no motorcycle plate shall contain more than five (5) letters or more than five (5) letters and numbers in a combination or less than two (2) letters, and that a commercial courtesy plate shall be marked "commercial," and shall contain no more than five (5) letters or more than five (5) letters and numbers in a combination or less than two (2) letters, and provided further, that there shall be no duplication of identification and the administrator of the division of motor vehicles shall in his or her discretion refuse to issue any letter or combination of letters and numbers which might carry connotations offensive to good taste and decency. A special automobile or commercial courtesy plate shall be issued upon application using forms furnished by the administrator of the division of motor vehicles, and upon payment, in addition to the regular prescribed motor vehicle registration fee, a service charge of thirty dollars ($30.00) sixty dollars ($60.00) for each issue and for each registration renewal. For motorcycles, a special courtesy plate shall be issued upon application using forms furnished by the division of motor vehicles, and upon payment, in addition to the regular prescribed motor vehicle registration fee, a service charge of seventeen dollars ($17.00) thirty-four dollars ($34.00) for each issue and for each registration renewal. The service charge shall be paid to the administrator of the division of motor vehicles prior to the administrator's acceptance of the application. The Rhode Island state lottery commission shall not be required to pay the service charge for any special courtesy plate issued pursuant to this section for motor vehicles owned or used by the lottery commission, and may utilize the special courtesy plates on all types of vehicles owned or operated by the lottery commission.

 

SECTION 12. Business Income Taxes Combined Reporting:  The Division of Taxation with the assistance of the Office of Revenue Analysis shall prepare and submit to the General Assembly by December 1, 2008, a report concerning the policy and fiscal ramifications of changing the corporation tax and other business income taxes to a combined method of reporting. The report and legislation shall be transmitted to the Chairperson of the House Finance Committee and the Chairperson of the Senate Finance Committee with copies to the House and Senate Fiscal Advisors.

 

SECTION 13. Section 3-4-1 of the General Laws in Chapter 3-4 entitled "Transportation of Beverages" is hereby amended to read as follows:

 

3-4-1. Importation orders. – (a) Except as otherwise provided, it is unlawful to import beverages into this state. A person desiring to import beverages into this state may place with the division of taxation an order directed to a dealer for the beverage he or she desires to import and shall satisfy the division of taxation of his or her intention to pay for the merchandise. The division of taxation shall execute these orders unless doing so would involve some illegal act or the doing of an act which would be cause for the forfeiture of any license issued under this title.

(b) All sellers, dealers, merchants, wholesalers and retailers of beverages who advertise in the state of Rhode Island, or whose advertisements are reasonably anticipated to circulate in this state shall prominently and conspicuously include within the advertisement a notice printed using a font size equal to but not larger than the font size of the largest price designation featured in the advertisement stating that the importation of beverages into the state, after purchase outside of the state, are subject to Rhode Island sales tax, and the failure to pay such tax may result in the seizure of such beverages upon entry into the state.

(c) Any entity accepting commercial advertisements from any seller, dealer, merchant, wholesaler or retailer of beverages shall not publish such advertisement for the sale of such beverages unless the advertisement includes the notice set forth in this section.

 

SECTION 14. Sections 44-11-1, 44-11-2 and 44-11-11 of the General Laws in Chapter 44-11 entitled "Business Corporation Tax" are hereby amended to read as follows:

 

44-11-1. Definitions. -- For the purpose of this chapter:

(1)(a) "Captive REIT" means a corporation, trust or association:

(i) that is considered a real estate investment trust for the taxable year under section 856 of the Internal Revenue Code;

(ii) that is not regularly traded on an established securities market; and

(iii) more than fifty percent (50%) of the voting power or value of the beneficial interests or shares of which at any time during the last half of the taxable year, is owned or controlled, directly or indirectly, by a single entity that is subject to the provisions of Subchapter C of Chapter 1 of the Internal Revenue Code; and

(b) "Captive REIT" does not include:

(i) a corporation, trust or association more than fifty percent (50%) of the voting