Chapter 009

2008 -- H 7204 SUBSTITUTE A AS AMENDED

Enacted 05/01/08

 

A N A C T

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

         

 Introduced By: Representatives Mumford, Ehrhardt, and Story    

 Date Introduced: January 23, 2008

 

It is enacted by the General Assembly as follows:

 

ARTICLE 1 RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2008    

ARTICLE 2 RELATING TO STATE FLEET REPLACEMENT REVOLVING LOAN FUND   

ARTICLE 3 RELATING TO PUBLIC FINANCE – DEBT MANAGEMENT   

ARTICLE 4 RELATING TO RETIREE HEALTH BENEFITS FUNDING    

ARTICLE 5 RELATING TO SCHOOL BUDGETS – HOUSING AID     

ARTICLE 6 RELATING TO PERMITS FOR SALE OF BOTTLED WATER    

ARTICLE 7 RELATING TO CORRECTIONS REFORM     

ARTICLE 8 RELATING TO FURLOUGH DAYS     

ARTICLE 9 RELATING TO THE FAMILY INDEPENDENCE ACT     

ARTICLE 10 RELATING TO MEDICAL ASSISTANCE – ELIGIBILITY     

ARTICLE 11 RELATING TO ATOMIC ENERGY COMMISSION    

ARTICLE 12 RELATING TO THE RHODE ISLAND TRAINING SCHOOL   

ARTICLE 13 RELATING TO HEALTH CARE COVERAGE FOR CHILD CARE PROVIDERS    

ARTICLE 14 RELATING TO NURSING HOME PROVIDER ASSESSMENT    

ARTICLE 15 RELATING TO INSURANCE – CONSUMER REPRESENTATION AT RATE HEARINGS    

ARTICLE 16 RELATING TO PROCEEDINGS IN FAMILY COURT  

ARTICLE 17 RELATING TO STATE AID     

ARTICLE 18 RELATING TO ADMINISTRATIVE PROCEDURES    

ARTICLE 19 RELATING TO BRIDGE USE FINES    

ARTICLE 20 RELATING RHODE ISLAND UNDERGROUND STORAGE TANK ACT   

ARTICLE 21 RELATING TO EFFECTIVE DATE  

  

ARTICLE 1

 

RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2008

 

   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,

2008. 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 2008     FY 2008     FY 2008

                                                                  Enacted     Change      Final

 Administration

 

Central Management     

  General Revenues                                    1,549,780        42,508    1,592,288     

  Federal Funds                                             238,173       (9,495)       228,678     

  Restricted Receipts                                               0     119,177       119,177     

     Total - Central Management                   1,787,953     152,190     1,940,143   

Legal Services     

     General Revenues                                  1,836,817         18,411   2,255,228    

     Legal Support/DOT                                  122,057        113,473     235,530     

     Total - Legal Services                            1,958,874        531,884   2,490,758   

Accounts and Control General Revenues      3,252,968       246,317   3,499,285    

Budgeting General Revenues                       2,090,800       (93,472)   1,997,328   

Purchasing General Revenues                     2,398,789      (215,075)   2,183,714     

Auditing General Revenues                         1,792,239      (102,279)   1,689,960     

Human Resources      

  General Revenues                                   10,067,133     111,427    10,178,560     

  Federal Funds                                           2,065,791     (91,870)     1,973,921     

  Restricted Receipts                                     577,637      (93,868)      483,769     

  Other Funds                                               793,282      (265,276)     528,006     

     Total - Human Resources                     13,503,843     (339,587) 13,164,256    

Personnel Appeal Board General Revenues      96,793         13,954      110,747    

Facilities Management     

  General Revenues                                   36,055,887        520,469 36,576,356     

  Federal Funds                                           7,214,065        560,081   7,774,146     

  Restricted Receipts                                   1,137,677       (47,451)   1,090,226     

  State Fleet Replacement Restricted Receipts 6,350,000    (6,350,000)          0     

     The State Fleet Replacement restricted receipt account is hereby established,

notwithstanding the provision of Section 34-3-27 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       7,360        562,476    

  Total – Facilities Management                     51,312,745 5,309,541)  46,003,204    

Capital Projects and Property Management    

  General Revenues                                        3,748,880   (414,695)   3,334,185  

Information Technology     

  General Revenues                                       17,650,147  1,197,892  18,848,039    

  Federal Funds                                               7,389,800 (1,787,351)  5,602,449   

  Restricted Receipts                                       1,422,572     321,689   1,744,261   

  Other Funds                                                  1,403,499    854,047   2,257,546    

     Total – Information Technology                 27,866,018    586,277  28,452,295    

Library and Information Services   

  General Revenues                                         1,100,791   (115,173)     985,618   

  Federal Funds                                               1,084,437     (20,775)   1,063,662   

  Restricted Receipts                                             2,000               0         2,000     

     Total - Library and Information Services      2,187,228   (135,948)   2,051,280   

Planning    

  General Revenues                                         3,792,553   10,789)      3,781,764    

  Federal Funds                                               9,330,126   1,124,079  10,454,205    

Intermodel Surface Transportation Funds   

  Federal Highway - PL Systems Planning        1,689,264     358,431    2,047,695   

  Air Quality Modeling                                         20,800               0        20,800    

  Total – Planning                                          14,832,743   1,471,721  16,304,464   

Security Services General Revenues               19,932,620   (243,550)  19,689,070   

General    

General Revenues   

  Miscellaneous Grants                                       660,912              0       660,912    

  Torts – Courts                                                 400,000        8,112       408,112   

  Convention Center                                       12,500,000 (4,100,000)   8,400,000     

     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.    

  Transfer to RICAP Fund                                            0  19,423,025 19,423,025     

  Teachers Retiree Health Subsidy                    1,442,024  (1,442,024)              0     

  Economic Development Corporation Grant      7,694,121      (39,437)  7,654,684    

  EDC – RI Airport Corporation Impact            1,004,520        (3,766)  1,000,754    

     Sixty percent (60%) of the first $1,000,000 appropriated funds shall be distributed to each

airport serving more than 1,000,000 passengers based upon its percentage of the total passengers

served by all airports serving more than 1,000,000 passengers.    

    Forty percent (40%) of the first $1,000,000 shall be distributed to North Central Airport,

Newport-Middletown Airport, Block Island Airport, Quonset Airport, TF Green Airport, and

Westerly Airport based on the share of landings during calendar year 2006, respectively. No

airport shall receive less than $25,000.  

     Each airport receiving any portion of the amount appropriated shall make an impact

payment to the towns or cities in which the airport is located in the full amounts received from the

Corporation within 30 days of payments from the Corporation.   

     Each community upon which any part of the above airports are located shall receive at

least $25,000.   

  Economic Policy Council                                300,000     (8,100)        291,900   

  Slater Centers of Excellence                        3,000,000    (81,000)     2,919,000    

  EDC EPScore                                            1,500,000     (40,500)     1,459,500   

  Police/Fire Incentive Pay                               675,000               0       675,000  

  Motor Vehicle Excise Tax Payment          135,500,042    (183,500)135,316,542    

  Property Valuation                                      1,100,000               0     1,100,000   

  General Revenue Sharing Program             65,111,876   (10,000,000) 55,111,876    

  Payment in Lieu of Tax Exempt Properties 27,766,967               0      27,766,967    

  Distressed Communities Relief Program     10,384,458               0      10,384,458    

  Resource Sharing and State Library Aid       8,773,398               0        8,773,398    

  Library Construction Aid                             2,813,141               0        2,813,141    

  Restricted Receipts                                     1,295,997     100,000        1,395,997  

Rhode Island Capital Plan Funds    

  State House Renovations                             4,000,000       98,624        4,098,624  

  State House Terrace Walls/South Stairs                    0       24,081            24,081   

  Lead Mitigation Group Homes                        300,000               0          300,000    

  Cranston Street Armory                              1,300,000      302,173        1,602,173    

  Cannon Building                                            200,000      179,381           379,381  

  Pastore Center Master Plan                           600,000               0           600,000   

  Zambarano Building Rehabilitation                  600,000      151,333           751,333   

  Pastore Center Rehabilitation                         530,000                0           530,000    

  Old State House                                            500,000        29,845           529,845   

  State Office Building                                     950,000       187,423        1,137,423  

  Veterans Auditorium                                              0         24,068            24,068     

  Old Colony House                                         135,000        48,339           183,339    

  Washington County Government Center                   0        88,599            88,599   

  William Powers Building                                750,000        44,957           794,957  

  McCoy Stadium                                            557,500       237,356           794,856    

  Fire Code Compliance State Buildings            500,000         22,042           522,042     

  Pastore Center Fire Code Compliance            750,000          5,351           755,351     

  Pastore Center Water Tanks                          480,000               0            480,000     

  Ladd Center Water System                              50,000               0             50,000     

  Pastore Center Environmental Mandates         250,000    (250,000)                    0     

  Pastore Center Power Plant                         2,000,000    (963,692)        1,036,308     

  Replacement of Fueling Tanks                        600,000                0           600,000     

  Neighborhood Opportunities Program            7,500,000  (5,000,000)        2,500,000     

  Environmental Compliance                              275,000       312,956          587,956     

  Computer Center                                         8,975,000                 0       8,975,000     

  Biotech Training Facility                                           0          1,479              1,479     

  Pastore Utilities Upgrade                                          0      504,282           504,282     

  DMV Building A&E                                                0       400,000           400,000     

  Forand Building Exterior Shell                                   0    1,200,000         1,200,000     

  OHHS Relocation                                                    0      100,000            100,000     

  Business Regulation Relocation                                 0      100,000            100,000     

  Total – General                                         313,724,956   1,481,407      315,206,363      

Debt Service Payments      

  General Revenues                                     126,160,050   4,995,692        31,155,742     

  Federal Funds                                               1,177,854   (231,020)            946,834     

  Restricted Receipts                                       1,542,173   1,652,350         3,194,523     

  RIPTA Debt Service                                       681,005       (5,766)           675,239     

  Transportation Debt Service                         35,442,466  1,873,678)       33,568,788     

  RIRBA - DLT – Temporary Disability Insurance 45,586             0              45,586     

  COPS - DLT Building – TDI                            358,825    (75,266)            283,559     

  COPS – DLT Building                                       26,320    (19,219)                7,101     

     Total - Debt Service Payments                165,434,279   4,443,093      169,877,372     

Energy Resources     

  General Revenues                                         2,236,989       42,815         2,279,804     

  Federal Funds                                             19,688,355   2,339,131        22,027,486     

  Restricted Receipts                                         200,000      943,888         1,143,888     

     Total – Energy Resources                        22,125,344   3,325,834        25,451,178     

Undistributed Personnel Savings     

  General Revenues                                      (9,105,434)   9,105,434                      0     

  Federal Funds                                            (2,606,705)   2,606,705                      0     

  Restricted Receipts                                      (418,650)      418,650                      0     

  Other Funds                                              (2,714,920)    2,714,920                      0     

     Total – Undistributed Personnel Savings (14,845,709)  14,845,709                      0     

     Grand Total – Administration                  633,201,363  20,244,239      653,445,602     

Business Regulation      

Central Management General Revenues          1,283,012       (4,910)          1,278,102     

Banking and Securities Regulation     

  General Revenues                                        3,083,499    (125,985)         2,957,514     

  Restricted Receipts                                         145,000                0           145,000     

     Total - Banking and Securities Regulation   3,228,499    (125,985)         3,102,514     

Commercial Licensing and Racing & Athletics     

  General Revenues                                        1,362,961    (269,598)         1,093,363     

  Restricted Receipts                                         606,836      (53,584)           553,252     

     Total - Commercial Licensing and Racing and 

     Athletics                                                   1,969,797    (323,182)        1,646,615     

Insurance Regulation     

  General Revenues                                        5,184,809    (160,958)        5,023,851     

  Federal Funds                                                  51,742       150,000           201,742     

  Restricted Receipts                                         856,129      112,498           968,627     

     Total - Insurance Regulation                      6,092,680      101,540         6,194,220     

Board of Accountancy General Revenues          155,449       (4,090)           151,359     

Boards for Design Professionals General Revenues  406,186  (13,946)        392,240     

     Grand Total - Business Regulation            13,135,623    (370,573)      12,765,050     

Labor and Training      

Central Management     

  General Revenues                                          195,297      (12,713)          182,584     

  Restricted Receipts                                         483,507     (30,763)          452,744     

     Total - Central Management                         678,804     (43,476)          635,328     

Workforce Development Services     

  General Revenues                                              2,500         3,796              6,296     

  Federal Funds                                             13,368,113  6,911,196       20,279,309     

  Restricted Receipts                                     14,952,134 (3,287,686)      11,664,448     

  Reed Act Funds     

     Woonsocket Network Office                                  0       75,000            75,000     

     Rapid Job Entry                                            798,997      (3,975)           795,022     

     Workforce Development                             5,200,000 (1,012,108)       4,187,892     

   Of the $5.6 million $5.1 million appropriated from Other Reed Act funds, $798,997

$795,022 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 $4.2 million may be used for the

administration of this state’s employment compensation law and public employment service

offices.     

     Total - Workforce Development Services  34,321,744  2,686,223       37,007,967     

Workforce Regulation and Safety     

  General Revenues                                        2,736,797  (257,188)         2,479,609     

Income Support     

  General Revenues                                        3,175,354   105,602           3,280,956     

  Federal Funds                                            14,756,732   481,217          15,237,949     

  Restricted Receipts                                      1,760,639   111,724            1,872,363     

  Temporary Disability Insurance Fund         177,634,956 (1,305,632)     176,329,324     

  Employment Security Fund                        212,759,436  41,366,598     254,126,034     

     Total - Income Support                          410,087,117  40,759,509     450,846,626     

Injured Workers Services Restricted Receipts 11,087,418      (1,699)       11,085,719     

Labor Relations Board     

  General Revenues                                          473,214      (45,472)           427,742     

     Grand Total - Labor and Training           459,385,094   43,097,897       02,482,991     

Department of Revenue     

Director of Revenue General Revenues            751,500     (319,476)           432,024     

Office of Revenue Analysis General Revenues 750,003      (385,807)          364,196     

Lottery Division Lottery Funds                   214,697,422  (12,048,981)    202,648,441     

Property Valuation General Revenues              849,819        (61,296)          788,523     

Taxation     

  General Revenues                                     17,820,994   (1,783,706)      16,037,288     

  Federal Funds                                             1,235,454       (75,195)        1,160,259     

  Restricted Receipts                                       830,406          46,500           876,906     

  Motor Fuel Tax Invasion                                         0        128,907           128,907     

  Temporary Disability Insurance                      910,131      (119,045)          791,086     

     Total – Taxation                                     20,796,985   (1,802,539)        8,994,446     

Registry of Motor Vehicles     

  General Revenues                                     18,403,641     (859,828)       17,543,813     

  Federal Funds                                                 99,691       869,047            968,738     

  Restricted Receipts                                         15,100                0              15,100     

     Total – Registry of Motor Vehicles         18,518,432           9,219        18,527,651     

     Grand Total – Revenue                         256,364,161 (14,608,880)     241,755,281     

Legislature      

  General Revenues                                     34,440,361      (324,158)      34,116,203     

  Restricted Receipts                                     1,523,721        (72,186)        1,451,535     

     Grand Total – Legislature                       35,964,082      (396,344)       35,567,738     

Lieutenant Governor General Revenues       925,112         (85,296)           839,816     

State     

Administration General Revenues                  1,685,414         (27,259)        1,658,155     

Corporations General Revenues                    1,798,880            54,708        1,853,588     

State Archives     

  General Revenues                                          88,909         (88,909)                    0     

  Federal Funds                                                40,121           (1,823)            38,298     

  Restricted Receipts                                      443,476          115,026           558,502     

     Total - State Archives                               572,506            24,294           596,800     

Elections      

  General Revenues                                        583,210           28,136            611,346     

  Federal Funds                                              546,623         (12,418)            534,205     

     Total – Elections                                     1,129,833           15,718          1,145,551     

State Library General Revenues                     689,592          (14,001)            675,591     

Office of Civics and Public Information      

  General Revenues                                       190,131            53,878             244,009     

     Grand Total – State                               6,066,356           107,338          6,173,694     

General Treasurer     

Treasury     

  General Revenues                                    2,589,641         (125,849)         2,463,792     

  Federal Funds                                             291,066          (11,339)            279,727     

  Restricted Receipts                                       10,000          (10,000)                     0     

  Temporary Disability Insurance Fund           293,140          (53,155)            239,985     

     Total – Treasury                                   3,183,847         (200,343)         2,983,504     

State Retirement System     

  Restricted Receipts     

  Admin Expenses - State Retirement System 6,131,739        197,927          6,329,666     

  Retirement - Treasury Investment Operations 877,497          39,173            916,670     

  Total - State Retirement System               7,009,236           237,100          7,246,336     

Unclaimed Property     

  Restricted Receipts                                23,095,200        1,491,473         24,586,673     

RI Refunding Bond Authority General Revenues  40,349       (3,446)               36,903     

Crime Victim Compensation Program     

  General Revenues                                      278,560           (5,488)              273,072     

  Federal Funds                                         1,625,080         (754,621)             870,459     

  Restricted Receipts                                 1,657,851         (297,207)           1,360,644     

     Total - Crime Victim Compensation Program 3,561,491 (1,057,316)        2,504,175     

     Grand Total – General Treasurer         36,890,123           467,468         37,357,591     

Board of Elections     

  General Revenues                                   1,437,214         (147,267)           1,289,947     

  Federal Funds                                            586,894             44,434             631,328     

     Grand Total - Board of Elections           2,024,108         (102,833)           1,921,275     

Rhode Island Ethics Commission General Revenues 1,410,451 (79,991)  1,330,460     

Office of Governor General Revenues     4,921,696         (147,968)            4,773,728     

   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 appropriation 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             (13,618)            647,628     

  Federal Funds                                           100,124               (3,027)              97,097     

  Restricted Receipts                                6,334,717            (140,990)          6,193,727     

     Grand Total - Public Utilities Commission 7,096,087        (157,635)          6,938,452     

Rhode Island Commission on Women General Revenues 108,203 (2,273)  105,930     

Commission for Human Rights     

  General Revenues                                     984,197             (32,520)             951,677     

  Federal Funds                                           404,743             (33,853)             370,890     

     Grand Total - Commission for Human Rights 1,388,940    (66,373)           1,322,567     

Office of Health and Human Services     

  General Revenues                                     307,152              80,024              387,176     

  Federal Funds                                         5,826,265         1,332,407            7,158,672     

  Restricted Receipts                                   445,548          (131,177)              314,371     

     Grand Total – Office of Health and Human Services 6,578,965 1,281,254 7,860,219     

Children, Youth, and Families     

Central Management     

  General Revenues                                   5,903,045         1,035,011            6,938,056     

  Federal Funds                                         3,359,730         (507,769)            2,851,961     

     Total - Central Management                 9,262,775           527,242             9,790,017     

Children's Behavioral Health Services     

  General Revenues                                 18,805,572      (2,141,247)            16,664,325     

  Federal Funds                                       13,268,634         (103,250)            13,165,384     

  Rhode Island Capital Plan Funds     

     Groden Center Mt. Hope                                  0            16,445                  16,445     

     Total - Children's Behavioral Health Services 32,074,206 (2,228,052)       29,846,154     

Juvenile Correctional Services     

  General Revenues                                 29,680,225         (160,073)            29,520,152     

  Federal Funds                                           610,837                6,081                616,918     

  Restricted Receipts                                       6,000               4,000                  10,000     

Rhode Island Capital Plan Funds     

     Girl’s Facility – Training School              700,000          (700,000)                          0     

     Total - Juvenile Correctional Services  30,997,062         (849,992)            30,147,070     

Child Welfare     

  General Revenues      

     General Revenues                              88,661,014         4,442,968            93,103,982     

     18 to 21 Year Olds                               6,000,000         (450,000)              5,550,000     

Federal Funds     

     Federal Funds                                    58,426,893            260,425            58,687,318     

     18 to 21 Year Olds                               4,545,000         (161,902)              4,383,098     

   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 $24.4 million from general revenues and

$15.7 million $15.8 million from federal funds by September 30, 2007, no more than $47.4

million $48.9 million from general revenues and $31.4 million $31.6 million from federal funds

by December 31, 2007, and no more than $71.1 million $73.3 million from general revenues and

$47.1 million $47.4 million from federal funds by March 31, 2008.     

Restricted Receipts                                   1,747,941            492,615             2,240,556     

Rhode Island Capital Plan Funds      

  Camp E-Hun-Tee                                      85,000                       0                 85,000     

  Fire Code Upgrades                                 750,000                 3,690               753,690     

     Total - Child Welfare                       160,215,848          4,587,796          164,803,644     

Higher Education Incentive Grants General Revenues 200,000        0               200,000     

     Grand Total - Children, Youth, and Families 232,749,891 2,036,994        234,786,885     

Elderly Affairs     

General Revenues     

  General Revenues                                16,521,951             (302,899)          16,219,052     

  RIPAE                                                  2,081,654             (911,654)            1,170,000     

  Safety and Care of the Elderly                         600                     (16)                    584     

  Federal Funds                                       13,056,931             (111,332)          12,945,599     

  Restricted Receipts                                   690,000                640,000            1,330,000     

  Intermodal Surface Transportation Fund   4,685,000                         0            4,685,000     

  Grand Total - Elderly Affairs                 37,036,136              (685,901)          36,350,235     

Health     

Central Management     

  General Revenues                                   4,901,329             (711,600)            4,189,729     

  Federal Funds                                         4,856,361             3,510,001            8,366,362     

  Restricted Receipts                                 3,716,866                772,626            4,489,492     

     Total - Central Management               13,474,556              3,571,027          17,045,583     

State Medical Examiner     

  General Revenues                                   2,156,986               (15,337)            2,141,649     

  Federal Funds                                            141,556                 (9,935)              131,621     

     Total - State Medical Examiner             2,298,542                (25,272)           2,273,270     

Family Health     

  General Revenues                                   2,588,535              (118,589)           2,469,946     

  Federal Funds                                        29,851,256             4,120,897          33,972,153     

  Restricted Receipts                                18,186,461              (814,208)         17,372,253     

     Total - Family Health                          50,626,252              3,188,100          53,814,352     

Health Services Regulation     

  General Revenues                                   6,522,612              (58,923)             6,463,689     

  Federal Funds                                         4,913,651            1,870,727              6,784,378     

  Restricted Receipts                                   436,904               (39,919)                396,985     

     Total - Health Services Regulation      11,873,167             1,771,885            13,645,052     

Environmental Health     

  General Revenues                                   3,999,516              (217,729)            3,781,787     

  Federal Funds                                         6,124,861              (171,871)            5,952,990     

  Restricted Receipts                                 3,062,911              (154,828)            2,908,083     

  Other Funds                                                       0                 100,000               100,000     

     Total - Environmental Health              13,187,288               (444,428)           12,742,860     

Health Laboratories     

  General Revenues                                  8,170,513             (1,348,438)            6,822,075     

  Federal Funds                                        2,063,939                  315,447            2,379,386     

     Total - Health Laboratories                 10,234,452             (1,032,991)            9,201,461     

Disease Prevention and Control     

  General Revenues                                  6,147,635               (846,898)            5,300,737     

  Federal Funds                                      17,353,763                2,111,258          19,465,021     

  Walkable Communities Initiative                  28,676                        734                29,410     

    Total - Disease Prevention and Control 23,530,074              1,265,094          24,795,168     

    Grand Total – Health                         125,224,331              8,293,415         133,517,746     

Human Services     

Central Management     

General Revenues     

  General Revenues                                  9,113,855                 433,217            9,547,072     

  Statewide Operating Savings                              0           (19,647,261)         (19,647,261)     

Federal Funds     

  Federal Funds                                       4,251,568                  194,875             4,446,443     

  Statewide Operating Savings                             0            (19,916,418)         (19,916,418)     

  Restricted Receipts                               1,746,265                  248,682             1,994,947     

     Total - Central Management             15,111,688            (38,686,905)         (23,575,217)     

Child Support Enforcement     

  General Revenues                                 3,830,853                (595,168)             3,235,685     

  Federal Funds                                       7,569,577                (130,261)             7,439,316     

  Restricted Receipts                                   50,000                  (50,000)                         0     

     Total – Child Support Enforcement    11,450,430                (775,429)           10,675,001     

Individual and Family Support     

  General Revenues                               24,754,511              (1,945,733)           22,808,778     

  Federal Funds                                     52,883,675                 3,562,683           56,446,358     

  Restricted Receipts                                 134,150                             0               134,150     

Rhode Island Capital Plan Funds     

  Blind Vending Facilities                           100,000                             0               100,000     

  Forand Building Exterior Improvements 1,200,000               (1,200,000)                        0     

     Total - Individual and Family Support 79,072,336                   416,950          79,489,286     

Veterans' Affairs     

  General Revenues                               17,109,472                 1,070,319          18,179,791     

  Federal Funds                                       6,384,850                 3,050,669            9,435,519     

  Restricted Receipts                               1,516,550                   580,761            2,097,311     

     Total - Veterans' Affairs                   25,010,872                4,701,749           29,712,621     

Health Care Quality, Financing and Purchasing     

  General Revenues                               23,023,393              (2,012,006)          21,011,387     

  Federal Funds                                     43,746,840              (1,865,455)           41,881,385     

  Restricted Receipts                                 186,714                     19,766               206,480     

     Total - Health Care Quality,

     Financing & Purchasing                   66,956,947              (3,857,695)           63,099,252     

Medical Benefits     

General Revenues     

  Hospitals                                          127,761,587                6,193,191         133,954,778     

  Long Term Care                               171,867,087                  809,402         172,676,489     

   Provided that $154,280,987 $150,579,223 is for long term care for nursing homes

and hospice care and $17,586,100 $17,435,001 is for long term care for home and community

based services.     

  Managed Care                                 259,157,517              (2,237,880)           56,919,637     

  Pharmacy                                          63,239,985                (786,065)           62,453,920     

  Other                                                55,380,738                   892,105           56,272,843     

Federal Funds     

  Hospitals                                         115,822,763               16,940,535         132,763,298     

  Long Term Care                             189,938,417                    685,094         190,623,511     

   Provided that $170,524,517 $166,222,173 is for long term care for nursing homes

and hospice care and $19,413,900 $19,246,241 is for long term care for home and community

based services.     

  Managed Care                               293,562,936                  4,764,454         298,327,390     

  Special Education                             20,733,240                              0          20,733,240     

  Pharmacy                                        23,999,516                    346,564           24,346,080     

  Other                                              60,550,556                  1,572,784           62,123,340     

  Restricted Receipts                           5,590,042                       15,000            5,605,042     

  Total - Medical Benefits              1,387,604,384                 29,195,184      1,416,799,568     

Supplemental Security Income Program     

  General Revenues                           28,455,740                   (152,598)          28,303,142     

Family Independence Program     

General Revenues     

  Child Care                                        7,442,414                   2,994,985          10,437,399     

  TANF/Family Independence Program 15,957,990                   329,500          16,287,490     

  Federal Funds                                    84,438,119                   122,792          84,560,911     

     Total - Family Independence Program 107,838,523           3,447,277         111,285,800     

State Funded Programs     

General Revenues     

  General Public Assistance                    4,090,076                (599,565)            3,490,511     

  Federal Funds                                    85,553,476                7,814,100          93,367,576     

     Total - State Funded Programs        89,643,552                7,214,535          96,858,087     

     Grand Total - Human Services    1,811,144,472                1,503,068      1,812,647,540     

Mental Health, Retardation, and Hospitals     

Central Management     

  General Revenues                                  740,606               1,076,440            1,817,046     

  Federal Funds                                          67,080                   50,597               117,677     

Total - Central Management                     807,686               1,127,037             1,934,723     

Hospital and Community System Support     

  General Revenues                               4,238,069               (692,905)             3,545,164     

  Federal Funds                                        373,404                   40,042               413,446     

Rhode Island Capital Plan Funds     

  Medical Center Rehabilitation                 290,000                   21,385               311,385     

  Community Facilities Fire Code            1,250,000                 (85,302)            1,164,698     

  DD Private Waiver Com Facilities-Fire Code 337,500             37,021              374,521     

  Total - Hospital and Community System Support 6,488,973  (679,759)           5,809,214     

Services for the Developmentally Disabled     

  General Revenues                               120,497,502         (1,837,612)         118,659,890     

  Federal Funds                                     136,746,550         (2,240,301)         134,506,249     

Rhode Island Capital Plan Funds     

  Regional Center Repair/Rehabilitation        300,000                18,464               318,464     

  MR Community Facilities                          500,000                        0               500,000     

  Developmental Disability Group Homes   2,050,000                66,215            2,116,215     

Total - Services for the Developmentally      

  Disabled                                             260,094,052         (3,993,234)         256,100,818     

Integrated Mental Health Services     

  General Revenues                                43,958,899         (1,949,374)           42,009,525     

  Federal Funds                                      38,244,839         (2,016,687)           36,228,152     

Rhode Island Capital Plan Funds     

  MH Community Facilities Repair               250,000                        0               250,000     

  MH Housing Development-Thresholds      400,000                        0               400,000     

  Total - Integrated Mental Health Services 82,853,738      (3,966,061)           78,887,677     

Hospital and Community Rehabilitation Services     

  General Revenues                                   57,019,642      (5,291,983)           51,727,659     

  Federal Funds                                         56,699,247      (6,552,142)           50,147,105     

  Restricted Receipts                                   2,950,000        (446,166)             2,503,834     

Rhode Island Capital Plan Funds      

  Zambarano Buildings and Utilities                 590,000            53,273                643,273     

  Hospital Consolidation                               2,250,000        1,450,000              3,700,000     

  Total - Hospital and Community      

  Rehabilitative Services                           119,508,889   (10,787,018)           108,721,871     

Substance Abuse     

  General Revenues                                   17,004,511       (566,461)             16,438,050     

  Federal Funds                                         11,839,894       1,651,086             13,490,980     

  Restricted Receipts                                       90,000                   0                   90,000     

  Rhode Island Capital Plan Funds     

     Eastman House                                                 0          442,271                 442,271     

     Asset Protection                                      200,000              5,218                 205,218     

     Total - Substance Abuse                      29,134,405        1,532,114             30,666,519     

     Grand Total - Mental Health, Retardation, 

     and Hospitals                                     498,887,743   (16,766,921)            482,120,822     

Office of the Child Advocate     

  General Revenues                                      520,757          (36,188)                  484,569     

  Federal Funds                                              40,000            (2,499)                    37,501     

Grand Total – Office of the Child Advocate   560,757          (38,687)                  522,070     

Commission on the Deaf and Hard of Hearing     

  General Revenues                                      370,154          (43,559)                  326,595               

  Federal Funds                                              17,500          (17,500)                           0     

     Grand Total - Commission on the Deaf and

     Hard of Hearing                                      387,654          (61,059)                  326,595

RI Developmental Disabilities Council Federal Funds 461,111 (55,409)         405,702     

Governor's Commission on Disabilities     

  General Revenues                                      535,775         (185,149)                  350,626     

  Federal Funds                                            181,692             12,688                  194,380     

  Restricted Receipts                                      50,612          (36,257)                    14,355     

  Rhode Island Capital Plan Funds     

     Facility Renovation - Handicapped Accessibility 200,000    36,551                  236,551     

     Grand Total - Governor's Commission on

     Disabilities                                              968,079         (172,167)                  795,912     

Mental Health Advocate General Revenues 424,343        (18,797)                  405,546     

Elementary and Secondary Education     

Administration of the Comprehensive Education Strategy     

  General Revenues     

     General Revenues                               21,316,614        (743,740)               20,572,874     

     Statewide Uniform Chart of Accounts    1,100,000                    0                 1,100,000     

  Federal Funds                                       175,671,609      11,730,055              187,401,664     

  Restricted Receipts     

     Restricted Receipts                               1,189,897        (136,497)                1,053,400     

     HRIC Adult Education Grants                4,500,000          116,700                4,616,700     

Rhode Island Capital Plan Funds     

     Shepard Building Air Quality                     286,500                   0                  286,500     

     Total – Administration of the Comprehensive

     Education Strategy                               04,064,620     10,966,518              215,031,138     

Davies Career and Technical School     

  General Revenues                                   14,571,572       (523,849)               14,047,723     

  Federal Funds                                           1,237,336         187,743                 1,425,079     

  Rhode Island Capital Plan Funds     

     Davies HVAC                                         364,985               124                    365,109     

     Davies Asset Protection                             82,400                  0                      82,400     

     Davies Roof Repair 507,000 0 507,000     

     Total - Davies Career and Technical School 16,763,293 (335,982)              16,427,311     

RI School for the Deaf     

  General Revenues                                     6,807,792       (236,799)                6,570,993     

  Federal Funds                                              367,923        (96,953)                   270,970     

  Restricted Receipts                                               0             1,418                      1,418     

  Other Funds                                                          0           10,181                    10,181     

     Total - RI School for the Deaf                 7,175,715      (322,153)                 6,853,562     

Metropolitan Career and Technical School     

  General Revenues                                  11,487,734                    0               11,487,734     

Education Aid     

  General Revenues                                679,417,316          (21,174)             679,396,142     

  Federal Funds                                          1,119,042      (1,044,042)                    75,000     

  Restricted Receipts                                  1,459,996              (506)                1,459,490     

     Total – Education Aid                        681,996,354      (1,065,722)            680,930,632     

Central Falls School District     

  General Revenues                                  43,795,411        (379,189)               43,416,222     

     Provided that in addition to the appropriation contained in this article, $379,189 be

allocated to the Central Falls School District from the Permanent School Fund.     

Housing Aid General Revenues                 52,861,510      (3,208,534)              49,652,976     

Teacher’s Retirement General Revenues   78,071,710        2,153,645               80,225,355     

     Grand Total - Elementary and Secondary

     Education                                       1,096,216,347         7,808,583          1,104,024,930

Public Higher Education      

Board of Governors/Office of Higher Education     

  General Revenues                                    8,135,640        (227,492)                7,908,148     

  Federal Funds                                          3,526,446        1,774,368                5,300,814     

  Restricted Receipts                                    200,000           252,851                  452,851     

     Total - Board of Governors/Office of

     Higher Education                                   11,862,086     1,799,727                13,661,813     

University of Rhode Island     

  General Revenues     

     General Revenues                                 77,035,968    (2,139,443)               74,896,525     

     Debt Service                                         11,203,337      (765,551)               10,437,786     

  University and College Funds     

     University and College Funds                401,968,441    11,921,728             413,890,169     

     Debt – Dining Services                         1,115,771               7,500                1,123,271     

     Debt – Education and General               2,556,727         (141,890)                2,414,837     

     Debt – Health Services                           130,758             (2,400)                  128,358     

     Debt – Housing Loan Funds                  5,550,920           142,570                5,693,490     

     Debt – Memorial Union                           101,165               (550)                  100,615     

     Debt – Ryan Center                                388,558         1,671,909                2,060,467     

     Debt – Alton Jones Services                    148,728               (200)                  148,528     

     Debt – Boss Arena                                   71,913           (71,913)                           0     

     Debt Parking Authority                            757,871            (2,000)                  755,871     

     Debt – Sponsored Research                     101,425                     0                 101,425     

  Rhode Island Capital Plan Funds      

     Asset Protection                                   4,189,500           607,949                4,797,449     

     Superfund                                               954,000                     0                  954,000     

     Lippitt Hall                                           4,605,000                     0                4,605,000     

     Total – University of Rhode Island     510,880,082        11,227,709            522,107,791     

   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       (1,403,827)              44,346,720     

     Debt Service                                       2,944,957            (89,027)                2,855,930     

     RIRBA – Rhode Island College              336,386                      0                  336,386     

University and College Funds     

     University and College Funds              82,943,953          (441,469)             82,502,484     

     Debt – Education and General                 295,152                      0                 295,152     

     Debt – Housing                                      494,417                      0                 494,417     

     Debt – Student Center and Dining           172,061                      0                 172,061     

     Debt – Student Union                             172,194                      0                 172,194     

Rhode Island Capital Plan Funds     

     Asset Protection                                  1,819,125             293,532              2,112,657     

     Total – Rhode Island College            134,928,792         (1,640,791)          133,288,001     

   Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or

unencumbered balances as of June 30, 2008 relating to Rhode Island College are hereby

reappropriated to fiscal year 2009.     

Community College of Rhode Island     

  General Revenues     

     General Revenues                             49,254,318         (1,434,029)            47,820,289     

     Debt Service                                      1,406,894              (25,630)             1,381,264     

  Restricted Receipts                                  693,520              (52,872)                640,648     

  University and College Funds     

     University and College Funds            58,716,203             1,492,226           60,208,429     

     Debt – Bookstore                                 176,504               (30,837)               145,667     

  Rhode Island Capital Plan Funds      

     Knight Campus Nursing Program            60,000                         0                 60,000     

     Fire Code and HVAC                        1,700,000                         0             1,700,000     

     Asset Protection                                1,157,625             1,492,425             2,650,050     

     Total – Community College of RI    113,165,064             1,441,283         114,606,347     

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       12,827,928        783,663,952     

RI State Council on the Arts     

  General Revenues     

     Operating Support                                     757,476           (24,105)              733,371     

     Grants                                                   2,020,168            (54,545)           1,965,623     

  Federal Funds                                              706,453            (34,810)             671,643     

  Restricted Receipts                                               0             200,000             200,000     

  Arts for Public Facilities                            3,000,000         (2,000,000)          1,000,000     

  Grand Total - RI State Council on the Arts 6,484,097         (1,913,460)          4,570,637     

RI Atomic Energy Commission     

  General Revenues                                       819,869             (21,042)             798,827       

  Federal Funds                                             420,940              116,337             537,277     

  URI Sponsored Research                            190,654                49,105             239,759     

  Rhode Island Capital Plan Funds-      

  RINSC Parking Lot Repair                           50,000                        0               50,000     

     Grand Total - RI Atomic Energy Commission 1,481,463       144,400          1 ,625,863

RI Higher Education Assistance Authority     

  General Revenues     

     Needs Based Grants and Work Opportunities 10,000,000   (756,500)           9,243,500     

     Authority Operations and Other Grants  1,019,684               (43,392)             976,292     

  Federal Funds                                        12,612,204             (245,802)         12,366,402     

  Tuition Savings Program – Administration 5,718,516             1,403,121           7,121,637     

     Grand Total - Higher Education Assistance      

     Authority                                            29,350,404               357,427         29,707,831     

RI Historical Preservation and Heritage Commission     

  General Revenues                                   1,577,792               (90,480)          1,487,312     

  Federal Funds                                            529,078                 18,598             547,676     

  Restricted Receipts                                    496,294                 (4,301)            491,993     

     Grand Total – RI Historical Preservation

     and Heritage Commission                     2,603,164               (76,183)           2,526,981     

RI Public Telecommunications Authority     

  General Revenues                                   1,363,654               (47,458)           1,316,196     

  Corporation for Public Broadcasting            799,656               (65,621)             734,035     

     Grand Total – RI Public Telecommunications      

     Authority                                             2,163,310             (113,079)            2,050,231     

Attorney General     

  Criminal     

  General Revenues                                 12,988,267                 66,239           13,054,506     

  Federal Funds                                         1,322,964               (48,334)            1,274,630     

  Restricted Receipts                                   339,183                 (7,046)               332,137     

      Total – Criminal                                14,650,414                 10,859           14,661,273     

Civil     

  General Revenues                                  4,897,204             (764,256)             4,132,948     

  Restricted Receipts                                   634,364              (25,927)                608,437     

     Total – Civil                                        5,531,568             (790,183)             4,741,385     

Bureau of Criminal Identification     

  General Revenues                                  1,017,634               (52,458)               965,176     

  Federal Funds                                            56,500                  61,387               117,887     

     Total - Bureau of Criminal Identification 1,074,134                 8,929             1,083,063     

General     

  General Revenues                                  2,432,200                 41,599             2,473,799     

  Rhode Island Capital Plan Funds-

  Building Renovations and Repairs              215,000               189,880                404,880   

     Total – General                                   2,647,200               231,479             2,878,679     

     Grand Total - Attorney General          23,903,316             (538,916)           23,364,400     

Corrections     

Central Management     

  General Revenues                                10,466,116           (1,377,661)             9,088,455     

  Federal Funds                                          359,452              (219,337)               140,115     

     Total - Central Management              10,825,568           (1,596,998)             9,228,570     

Parole Board     

  General Revenues                                 1,259,056                (44,744)             1,214,312     

  Federal Funds                                           33,002                   37,998                 71,000     

     Total - Parole Board                          1,292,058                  (6,746)             1,285,312     

Institutional Corrections     

  General Revenues                             160,571,643              (625,118)          159,946,525     

  Federal Funds                                       2,034,829                533,318              2,568,147     

  Rhode Island Capital Plan Funds     

     Reintegration Center State Match       1,195,123              1,123,897              2,319,020     

     General Renovations - Maximum           400,000                    3,105                403,105     

     General Renovations – Women’s        1,000,000                  26,103              1,026,103     

     Women’s Bath Room Renovations        856,000                          0                856,000     

     Work Release Roof                              497,000                484,644                981,644     

     Asset Protection                                2,500,000                 721,711             3,221,711     

     Total - Institutional Corrections       169,054,595               2,267,660          171,322,255     

Community Corrections     

  General Revenues                              15,657,717             (1,355,914)           14,301,803     

  Federal Funds                                        380,217                  424,080                804,297     

     Total – Community Corrections        16,037,934               (931,834)           15,106,100     

     Grand Total – Corrections              197,210,155               (267,918)         196,942,237     

Judiciary     

Supreme Court     

  General Revenues     

     General Revenues                           25,903,138               (111,263)            25,791,875     

     Defense of Indigents                         3,065,689                 (82,774)             2,982,915     

     Judicial Tenure and Discipline              119,705                   (3,263)               116,442     

  Federal Funds                                        121,590                  243,878               365,468     

  Restricted Receipts                              1,131,337                  323,722             1,455,059     

  Rhode Island Capital Plan Funds     

     Judicial HVAC                                   400,000                            0                400,000     

     Garrahy Lighting and Ceiling               600,000                             0               600,000     

     Blackstone Valley Courthouse Feasibility Study 0                 83,080                 83,080     

     Asset Protection                                  450,000                       717                450,717     

     Total - Supreme Court                     31,791,459                  454,097           32,245,556     

Superior Court     

  General Revenues                              20,417,996               (823,031)            19,594,965     

  Federal Funds                                        535,427                (318,518)                216,909     

     Total - Superior Court                      20,953,423             (1,141,549)           19,811,874     

Family Court     

  General Revenues                              17,793,670               (136,287)            17,657,383     

  Federal Funds                                      1,407,102                 690,273              2,097,375     

     Total - Family Court                        19,200,772                 553,986             19,754,758     

District Court General Revenues           10,505,649               (669,370)              9,836,279     

Traffic Tribunal General Revenues          7,159,070               (339,013)             6,820,057     

Workers' Compensation Court     

  Restricted Receipts                              7,387,455               (181,507)             7,205,948     

     Grand Total – Judiciary                   96,997,828             (1,323,356)            95,674,472     

Military Staff     

National Guard     

  General Revenues                               1,761,132                   (6,069)             1,755,063     

  Federal Funds                                     9,288,875                (272,699)             9,016,176     

  Restricted Receipts                               145,000                    15,000                160,000     

  Rhode Island Capital Plan Funds     

     Federal Armories Fire Code Comp.     118,750                 (59,355)                  59,395     

     AMC – Roof Replacement                 644,000                           0                 644,000     

     State Armories Fire Code Comp.         250,000                (65,625)                 184,375     

     Asset Protection                                 210,000                  55,650                 265,650     

     Quonset Hangar                                           0              1,335,000              1,335,000     

     Logistics/Maint Facilities Fire Code Comp 100,000           (50,000)                   50,000     

     Woonsocket Building Demolition           71,250                           0                   71,250     

     Schofield Armory Rehabilitation                    0                 170,471                 170,471     

     Total - National Guard                     12,589,007              1,122,373            13,711,380     

Emergency Management 

  General Revenues                                  802,732                (59,800)                 742,932     

  Federal Funds                                    11,305,824            12,323,206             23,629,030     

  Restricted Receipts                                262,532              (121,028)                 141,504     

     Total - Emergency Management      12,371,088            12,142,378             24,513,466     

     Grand Total - Military Staff              24,960,095            13,264,751            38,224,846     

E-911 Emergency Telephone System     

  General Revenues                                4,733,109                146,258              4,879,367     

  Federal Funds                                                  0                500,000                 500,000     

  Restricted Receipts                              1,296,943              (422,228)                874,715     

     Grand Total - E-911 Emergency Telephone System 6,030,052 224,030         6,254,082     

Fire Safety Code Board of Appeal and Review     

  General Revenues                                  303,435                (13,605)                289,830     

State Fire Marshal     

     General Revenues                             2,671,285              (316,587)              2,354,698     

     Federal Funds                                      227,972                810,505              1,038,477     

     Grand Total - State Fire Marshal        2,899,257                493,918              3,393,175     

Rhode Island Justice Commission     

  General Revenues                                  160,815                  71,038                 231,853     

  Federal Funds                                      4,151,511                358,171               4,509,682     

  Restricted Receipts                                  30,000                103,000                  133,000     

      Grand Total - Rhode Island Justice Commission 4,342,326 532,209              4,874,535     

Municipal Police Training Academy     

  General Revenues                                  429,252                 (1,438)                  427,814     

  Federal Funds                                          50,000                  16,400                   66,400     

     Grand Total - Municipal Police Training Academy 479,252  14,962                 494,214     

State Police     

     General Revenues                           52,058,385           (1,369,464)              50,688,921     

     Federal Funds                                   1,091,916             1,275,632                2,367,548     

     Restricted Receipts                              312,100               149,347                   461,447     

     Traffic Enforcement - Municipal Training 378,924            (37,290)                  341,634     

  Rhode Island Capital Plan Funds      

     Barracks & Training                            150,000                         0                  150,000     

     State Police Training Academy          5,000,000           (3,000,000)               2,000,000     

     State Police Headquarters Repair                   0               134,682                  134,682     

Lottery Commission Assistance                 142,099                 (4,947)                 137,152     

Airport Corporation                                   143,923                 (5,768)                 138,155     

Road Construction Reimbursement          2,366,598               (10,894)               2,355,704     

     Grand Total - State Police                61,643,945           (2,868,702)             58,775,243     

Office of Public Defender     

  General Revenues                                9,324,951              (308,995)              9,015,956     

  Federal Funds                                         421,833               (62,917)                 358,916     

     Grand Total - Office of Public Defender 9,746,784          (371,912)              9,374,872     

Environmental Management     

Office of the Director     

  General Revenues                                6,043,464              (275,486)              5,767,978     

  Federal Funds                                         556,097              (133,858)                422,239     

  Restricted Receipts                              2,504,573                    3,550              2,508,123     

     Total – Office of the Director            9,104,134              (405,794)              8,698,340     

Natural Resources 

  General Revenues                               18,318,004             (416,630)             17,901,374     

  Federal Funds                                     17,159,404                750,541             17,909,945     

  Restricted Receipts                               3,829,816             (299,322)               3,530,494     

  DOT Recreational Projects                      117,996               (47,985)                   70,011     

  Blackstone Bikepath Design                     787,890                     424                  788,314     

  Rhode Capital Plan Funds

     Dam Repair                                         300,000                         0                  300,000     

     Recreational Facilities Improvement    1,000,000                143,793               1,143,793     

     Fort Adams Rehabilitation                     250,000                         0                  250,000     

     Jamestown Fishing Pier                         100,000                         0                 100,000     

     Wickford Marine Facility                                0                510,000                 510,000     

     Galilee Piers Upgrade                           400,000                  60,101                 460,101     

     Newport Piers                                      950,000                         0                  950,000     

     Total - Natural Resources                 43,213,110                700,922             43,914,032     

Environmental Protection     

  General Revenues                               12,051,532            (1,507,422)            10,544,110     

  Federal Funds                                     10,438,032               2,087,244            12,525,276     

  Restricted Receipts                             10,611,052               (577,797)            10,033,255     

  Rhode Island Capital Plan Funds     

     Rosehill Landfill Superfund Site                      0               1,275,000              1,275,000     

     Total - Environmental Protection       33,100,616               1,277,025            34,377,641     

     Grand Total - Environmental Management 85,417,860       1,572,153            86,990,013     

Coastal Resources Management Council     

  General Revenues                                1,879,559                    61,086              1,940,645     

  Federal Funds                                      1,607,000                   163,436             1,770,436     

  Restricted Receipts                              1,022,100                 (627,100)               395,000     

  Rhode Island Capital Plan Funds     

     Habitat Restoration Allin’s Cove                     0                     5,500                   5,500     

     Providence River Dredging                             0               1,590,590             1,590,590     

     Grand Total - Coastal Resources Mgmt. Council 4,508,659 1,193,512            5,702,171     

State Water Resources Board     

  General Revenues                                1,893,081                 (264,111)            1,628,970     

  Restricted Receipts                                 400,000                             0              400,000     

  Rhode Island Capital Plan Funds 

     Big River Management Area                  92,000                     9,835                101,835     

     Grand Total - State Water Resources Board 2,385,081      (254,276)             2,130,805     

Transportation     

Central Management     

  Federal Funds Total                             17,166,840                  621,162           17,788,002     

  Gasoline Tax                                         3,711,727             (2,153,547)             1,558,180     

     Total - Central Management             20,878,567              (1,532,385)           19,346,182     

Management and Budget Gasoline Tax    3,010,397                 (715,433)            2,294,964     

Infrastructure Engineering – GARVEE/Motor Fuel Tax Bond     

  Federal Funds                                    257,540,116            (35,902,960)         221,637,156     

  Restricted Receipts                                  661,834                   782,874            1,444,708     

  Gasoline Tax                                       46,094,158                 1,988,629          48,082,787     

  Land Sale Revenue                               2,000,000                 7,345,600            9,345,600     

  State Infrastructure Bank                      1,000,000                    343,714            1,343,714     

  Rhode Island Capital Plan Funds     

  RIPTA - Land and Buildings                 2,305,486               (1,947,290)               358,196     

  Pawtucket – Central Falls Train Station      40,000                         247                 40,247     

     Total - Infrastructure – Engineering 309,641,594            (27,389,186)          282,252,408     

Infrastructure Maintenance      

  Gasoline Tax                                       39,478,984                2,192,800            41,671,784     

  Non-Land Surplus Property                      287,523                    48,808                 336,331     

  Outdoor Advertising                                   18,809                  483,914                 502,723     

  Radio System Upgrade                                      0                  335,000                 335,000     

  Rhode Island Capital Plan Funds      

     Cherry Hill/Lincoln Facility                    625,000                           0                 625,000     

     Maintenance Facilities                           200,000                           0                 200,000     

  Total - Infrastructure Maintenance        40,610,316               3,060,522            43,670,838     

  Grand Total – Transportation               374,140,874           (26,576,482)          347,564,392     

Statewide Totals      

  General Revenues                            3,403,638,116           (33,269,445)       3,370,368,671     

  Federal Funds                                  2,010,642,340              28,870,680       2,039,513,020     

  Restricted Receipts                            162,635,736              (4,122,133)         158,513,603     

  Other Funds                                    1,400,492,417               55,851,448       1,456,343,865     

     Statewide Grand Total                  6,977,408,609               47,330,550       7,024,739,159     

 

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

appropriation.     

 

     SECTION 3. Notwithstanding any provisions of Chapter 19 in Title 23 of the Rhode

Island General Laws, the Rhode Island Resource Recovery Corporation shall transfer to the State

Controller the sum of five million dollars ($5,000,000) by June 30, 2008. The Rhode Island

Resource Recovery Corporation shall fund from Corporation resources a forensic audit of the

Corporation’s finances.     

 

SECTION 4. 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, 2008.      

 

SECTION 5. Notwithstanding any provisions of Chapter 55 in Title 42 of the Rhode

Island General Laws, the Rhode Island Housing and Mortgage Finance Corporation shall transfer

to the State Controller the sum of twenty six million twenty thousand two hundred forty-seven

dollars ($26,020,247) by June 30, 2008.     

 

SECTION 6. Notwithstanding any provisions of Chapter 8.1 in Title 35 of the Rhode

Island General Laws, the Rhode Island Refunding Bond Authority shall transfer to the State

Controller the sum of three hundred twenty three thousand nine hundred seventy six dollars

($323,976) and any additional accumulated interest as of the date of the transfer by June 30, 2008.    

 

SECTION 7. Pursuant to Chapter 7 in Title 13 of the Rhode Island General Laws, the

State Controller shall transfer the sum of one million two hundred fifty thousand dollars

($1,250,000) from the Correctional Industries Fund to general fund by June 30, 2008.      

 

SECTION 8. (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 2008     FY 2008     FY 2008     

Account                                                                       Enacted      Change       Final     

State Assessed Fringe Benefit Internal Service Account 29,966,436     817,829     30,784,265     

Administration Central Utilities Internal Service Account 19,490,769  4,379,225     23,869,994      

State Central Mail Internal Service Account                     5,683,450    (48,816)       5,634,634     

State Telecommunications Internal Service Account         3,020,022       82,601       3,102,623     

State Automotive Fleet Internal Service Account            14,649,606     (31,427)     14,618,179     

State Fleet Replacement Revolving Loan Fund                             0    6,350,000      6,350,000     

State Surplus Property Internal Service Account                   15,715                0          15,715     

Capitol Police Internal Service Account                              580,935      (27,208)        553,727     

Health Insurance Internal Service Fund                        258,553,614 (20,820,540) 237,733,074     

MHRH Central Pharmacy Internal Service Account       10,274,366       (89,055)   10,185,311     

MHRH Laundry Services Internal Service Account          1,266,493 116,718           1,383,211     

Corrections General Services & Warehouse Internal Service     

Account                                                                         6,054,815 189,372           6,244,187     

Correctional Industries Internal Service Account               7,455,680 198,258           7,653,938     

Secretary of State Record Center Internal Service Account 1,177,788 (320,005)         857,783     

 

SECTION 9. 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                                                                                     1,032.9 1,032.8     

Business Regulation                                                                                  105.0 102.0     

Labor and Training                                                                                   454.9 417.5     

Revenue                                                                                                  475.0 465.0     

Legislature                                                                                               298.2 297.9     

Office of the Lieutenant Governor                                                                    9.5 9.0     

Secretary of State                                                                                               58.0     

General Treasurer                                                                                               88.0     

Board of Elections                                                                                               14.0     

Rhode Island Ethics Commission                                                                          12.0     

Office of the Governor                                                                                 44.0 45.0     

Commission for Human Rights                                                                             14.5     

Public Utilities Commission                                                                           45.7 45.0     

Rhode Island Commission on Women                                                                     1.0     

Office of Health and Human Services                                                              5.0 6.0     

Children, Youth, and Families                                                                    805.0 788.5     

Elderly Affairs                                                                                             46.0 44.0     

Health                                                                                                     459.0 437.1     

Human Services                                                                                  1,109.0 1,067.6     

Mental Health, Retardation, and Hospitals                                             1,761.0 1,657.6     

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     

Office of the Mental Health Advocate                                                                    3.7     

Elementary and Secondary Education                                                         335.2 332.0     

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 Council on the Arts                                                                           8.6     

RI Atomic Energy Commission                                                                              8.6     

Higher Education Assistance Authority                                                          46.0 42.6     

Historical Preservation and Heritage Commission                                                  17.6     

Public Telecommunications Authority                                                                    20.0     

Office of the Attorney General                                                                            234.8     

Corrections                                                                                           1,508.6 1,515.0     

Judicial                                                                                                     732.5 732.3     

Military Staff                                                                                             110.0 104.0     

E-911 Emergency Telephone System                                                             53.6 53.5     

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                                                                                               272.0 268.0     

Office of the Public Defender                                                                               93.5     

Environmental Management                                                                       491.4 482.0    

Coastal Resources Management Council                                                               30.0     

Water Resources Board                                                                                   9.0 6.0     

Transportation                                                                                          773.7 733.2     

Total                                                                                           15,202.3 15,688.7     

 

SECTION 10. This article shall take effect upon passage.

 

ARTICLE 2

 

     RELATING TO STATE FLEET REPLACEMENT REVOLVING LOAN FUND

 

     SECTION 1. Chapter 42-11 of the General Laws entitled “Department of

Administration” is hereby amended by adding thereto the following section:

 

     42-11-2.4 State Fleet Replacement Revolving Loan Fund. -- (a) There is hereby

created as a separate fund within the treasury to be known as the state fleet replacement revolving

loan fund which shall be administered by the general treasurer in accordance with the same laws

and fiscal procedures as the general funds of the state. This fund, hereafter referred to as the

“revolving loan fund”, shall consist of such sums as the state may from time to time appropriate,

as well as money received from the disposal of used vehicles, loan, interest and service charge

payments from benefiting state agencies, as well as interest earnings, money received from the

federal government, gifts, bequests, donations, or otherwise from any public or private source.

     (b) This fund shall be used for the purpose of acquiring motor vehicles, both new and

used, and vehicle-related equipment and attachments for state departments and agencies.

     (c) The proceeds from the repayment of any loans made for the purposes authorized

under this chapter shall be deposited in and returned to the revolving loan fund in order to

constitute a continuing revolving fund for the purposes listed above.

     (d) The office of state fleet operations of the Rhode Island department of administration

shall adopt rules and regulations consistent with the purposes of this chapter and chapter 35 of

title 42, in order to provide for the orderly and equitable disbursement and repayment of funds

from the revolving loan fund.

 

     SECTION 2. This article shall take effect as of July 1, 2007.

 

ARTICLE 3

 

            RELATING TO PUBLIC FINANCE – DEBT MANAGEMENT

 

     SECTION 1. Article 5, Substitute A as amended, Section 4 of Chapter 73 of the 2007

Public Laws entitled “An Act Making Appropriations for the Support of the State for the Fiscal

Year Ending June 30, 2008” is hereby repealed.

 

     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 2. Article 7 Substitute A as amended, Section 9 of Chapter 246 of the 2006

Public Laws entitled “An Act Making Appropriations for the Support of the State for the Fiscal

Year Ending June 30, 2007” is hereby repealed.

 

     SECTION 9. Student Athlete Development Center

     WHEREAS, The University of Rhode Island is proposing a project which involves the

construction of a Student Athlete Development Center located adjacent to and part of the Keaney

Gymnasium and Tootell Center at the University of Rhode Island's Kingston Campus; and

     WHEREAS, The project will involve the construction of the Center and the renovation to

portions of Keaney Gymnasium and Tootell Center that will be utilized in support of the Center;

and

     WHEREAS, The student athlete development facilities that currently support University

of Rhode Island student athletes are outdated, inadequate, and in disrepair; and

     WHEREAS, The infrastructure of the University is critical to the success of student

athletes and the University; and

     WHEREAS, Funding for this project will be financed through Rhode Island Health and

Educational Building Corporation revenue bonds; and

     WHEREAS, The project costs are estimated to be $7,000,000. The total financing

obligation of the University would be approximately $7,210,000, with $7,000,000 deposited in

the construction fund, and $210,000 available to pay the associated costs of financing. Total

payments on the University's obligation over twenty (20) years on the $7,210,000 issuance are

projected to be $11,200,000, assuming an average interest rate of 4.75 percent; and

     WHEREAS, Debt service payments would be supported by University general revenues;

now, therefore be it

     RESOLVED, That this General Assembly hereby approved financing in an amount not to

exceed $7,210,000 for the construction of a Student Athlete Development Center; and be it

further

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

this General Assembly.

 

     SECTION 3. This act shall take effect upon passage.

 

ARTICLE 4

 

RELATING TO RETIREE HEALTH BENEFITS FUNDING

 

      SECTION 1. Section 36-10-2 of the General Laws in Chapter 36-10 entitled “Retirement

System – Contributions and Benefits” is hereby amended to read as follows:

 

     36-10-2. State contributions. – (a) The State of Rhode Island shall make its contribution

for the maintenance of the system, including the proper and timely payment of benefits in

accordance with the provisions of this chapter and chapters 8, 16, 28, 31 and 42 of this title, by

annually appropriating an amount equal to a percentage of the total compensation paid to the

active membership. The percentage shall be computed by the actuary employed by the retirement

system and shall be certified by the retirement board to the director of administration on or before

the fifteenth day of October in each year. In arriving at the yearly employer contribution the

actuary shall determine the value of:

     (1) The contributions made by the members;

     (2) Income on investments; and

     (3) Other income of the system.

     (b) The Actuary shall thereupon compute the yearly employer contribution that will:

     (1) Pay the actuarial estimate of the normal cost for the next succeeding fiscal year;

     (2) Amortize the unfunded liability of the system as of June 30, 1999 utilizing a time

period not to exceed thirty (30) years.

     (c) The State of Rhode Island shall remit to the general treasurer the employer's share of

the contribution for state employees, state police, and judges on a payroll frequency basis, and for

teachers in a manner pursuant to § 16-16-22.

     (d) From the rate percent computed pursuant to subsection (b), the state shall contribute a

sum equal to one eighth of one percent (0.125%) of each member's rate of compensation and an

additional sum equal to one eighth of one percent (0.125%) of each member's rate of

compensation effective July 1, 1990, as the state's share of the cost of providing retiree health

benefits in accordance with the provisions of § 36-10-4. Contributions shall be actuarially

adjusted to reflect refunds made to employees. The contribution shall be placed in a restricted

fund and shall be used solely for providing health benefits to retirees as provided in § 36-12-4.

The adequacy of the fund will be actuarially reevaluated during the fiscal year prior to July 1,

1993, to determine the required amount to maintain this benefit in effect. If at any time during the

aforementioned period the cost for health coverage exceeds the contributions in the restricted

fund account, the state shall assume the liability for that cost by making advances to the restricted

fund which advances shall be repaid from any subsequent excess funds in the restricted fund.

     (e) In accordance with the intent of § 36-8-20 that the retirement system satisfy the

requirements of § 401(a) of the Internal Revenue Code of 1986 as amended [26 U.S.C. § 401(a)],

the restricted fund for providing health benefits to retirees described in subsection (d) shall

constitute a separate retiree medical benefits account within the meaning of § 401(h) of the code

[26 U.S.C. § 401(h)] and the account shall be administered in accordance with the applicable

requirements. Prior to the satisfaction of all retiree health liabilities no part of the corpus or

income of the account shall be used for, or diverted to, any purpose other than the payment of

retiree medical benefits in accordance with the provisions of § 36-12-4. However, this

requirement shall not restrict the collective investment of funds of that account with funds of the

retirement account. Following the satisfaction of all retiree health liabilities, any funds remaining

in the retiree medical benefits account shall be paid to the state.

     (f)(d)(1) In accordance with the intent of § 36-8-20 that the retirement system satisfy the

requirements of § 401(a) of the Internal Revenue Code of 1986, the state shall pay to the

retirement system:

     (i) By June 30, 1995, an amount equal to the sum of the benefits paid to state legislators

pursuant to § 36-10-10.1 in excess of ten thousand dollars ($10,000) per member (plus accrued

interest on such amount at eight percent (8%)) for all fiscal years beginning July 1, 1991, and

ending June 30, 1995, but this amount shall be paid only if § 36-10-10.1(e) becomes effective

January 1, 1995; and

     (ii) By December 31, 1994, twenty million seven hundred eighty eight thousand eight

hundred twelve dollars and nineteen cents ($20,788,812.19) plus accrued interest on that amount

at eight percent (8%) compounded monthly beginning March 1, 1991, and ending on the date this

payment is completed (reduced by amortized amounts already repaid to the retirement system

with respect to the amounts withdrawn by the state during the fiscal year July 1, 1990 – June 30,

1991); and

     (iii) By June 30, 1995, the sum of the amounts paid by the retirement system for retiree

health benefits described in § 36-12-4 for all fiscal years beginning July 1, 1989, and ending June

30, 1994, to the extent that the amounts were not paid from the restricted fund described in

subsection (c).

     (2) Any and all amounts paid to the retirement system under this subsection shall not

increase the amount otherwise payable to the system by the state of Rhode Island under

subsection (a) for the applicable fiscal year. The actuary shall make such adjustments in the

amortization bases and other accounts of the retirement system as he or she deems appropriate to

carry out the provisions and intent of this subsection.

     (g)(e)In addition to the contributions provided for in subsection (a) through (c) and in

order to provide supplemental employer contributions to the retirement system, commencing in

fiscal year 2006, and each year thereafter:

     (1) For each fiscal year in which the actuarially determined state contribution rate for

state employees is lower than that for the prior fiscal year, the governor shall include an

appropriation to that system equivalent to twenty percent (20%) of the rate reduction for the

state's contribution rate for state employees to be applied to the actuarial accrued liability of the

state employees' retirement system for state employees for each fiscal year;

     (2) For each fiscal year in which the actuarially determined state contribution rate for

teachers is lower than that for the prior fiscal year, the governor shall include an appropriation to

that system equivalent to twenty percent (20%) of the rate reduction for the state's share of the

contribution rate for teachers to be applied to the actuarial accrued liability of the state employees'

retirement system for teachers for each fiscal year;

     (3) The amounts to be appropriated shall be included in the annual appropriation bill and

shall be paid by the general treasurer into the retirement system.

     (h)(f) While the retirement system's actuary shall not adjust the computation of the annual

required contribution for the year in which supplemental contributions are received, such

contributions once made may be treated as reducing the actuarial liability remaining for

amortization in the next following actuarial valuation to be performed.

 

     SECTION 2. Sections 36-12-2.2 and 36-12-4 of the General Laws in Chapter 36-12

entitled “Insurance Benefits” are hereby amended to read as follows:

 

     36-12-2.2. Disabled retired employees -- Hospital care and surgical-medical service

benefits. -- Any disabled retired employee of the state of Rhode Island shall have the right to

purchase hospital care and surgical-medical service benefits as set forth in section 36-12-2 and as

are received by classified employees. Payment for the coverage shall be at the same group rate

used by the state in making payment for state employees and shall be deducted from the

purchaser's retirement benefits received pursuant to chapter 10 of this title. Notwithstanding any

other provision of the law to the contrary, an employee of the state of Rhode Island who retires

under the provisions of title 36 of the Rhode Island general laws with a disability pension benefit

shall receive only the following state-sponsored health care and subsidies.

     (a) Disabled retired employees who retire on or before September 30, 2008, and who are

at least sixty (60) years of age as of September 30, 2008.

     (1) Any disabled retired employee of the state of Rhode Island who retires on or before

September 30, 2008, and is at least sixty (60) years of age as of September 30, 2008, will be

eligible until age sixty-five (65) to continue to purchase hospital care and surgical-medical

service benefits as set forth in section 36-12-2 and as are received by classified employees.

Furthermore, if he/she retired subsequent to July 1, 1989, he/she shall receive for himself or

herself a subsidy on the individual medical plan in accordance with the following formula until

attaining age sixty-five (65):

     Years of service State's share Employee's share

     10-15                 50%             50%

     16-22                 70%             30%

     23-27                 80%             20%

     28+                   100%            0%

     (2) Any disabled retired employee of the state of Rhode Island who retires on or before

September 30, 2008, and is at least sixty-five (65) years of age as of September 30, 2008, will be

eligible to continue to purchase hospital care and surgical-medical service benefits as set forth in

section 36-12-2 and as are received by classified employees. Furthermore, if he/she retired

subsequent to July 1, 1989, he/she shall receive for himself or herself a subsidy on his or her

individual medical plan in accordance with the following formula applied to the cost of the

Medicare supplemental plan:

     Years of service State's share Employee's share

     10-15                 50%             50%

     16-19                 70%             30%

     20-27                 90%             10%

     28+                   100%            0%

     (3) Payment for the coverage shall be at the same group rate used by the state in making

payment for state employees.

     (b) Disabled retired employees who retire after September 30, 2008, or are under sixty

(60) years of age on September 30, 2008. Any disabled retired employee of the state of Rhode

Island who retires after September 30, 2008, or any disabled retired employee of the state of

Rhode Island who is under sixty (60) years of age on September 30, 2008, will be eligible to

receive state-sponsored medical coverage and subsidies as follows:

     (1) If the retiree is under fifty-nine (59) years of age, the retiree shall have the right to

purchase hospital care and surgical-medical service benefits as set forth in section 36-12-2 and as

are received by classified employees. Payment for the coverage shall be at the same group rate

used by the state in making payment for state employees.

     Furthermore, if the retiree is under fifty-nine (59) years of age, and retired after July 1,

1989, and before September 30, 2008, and the retiree had a minimum of twenty-eight (28) years

of total service, he/she shall receive for himself or herself a ninety percent (90%) subsidy on the

individual medical plan until attaining age fifty-nine (59).

     (2) At age fifty-nine (59) the retiree and his/her dependents shall be eligible only for

enrollment in the medical plans available to non-disabled state employee retirees. If the retiree

has a minimum of ten (10) years of contributory service, and up to twenty (20) years of total

service, the retiree will be eligible for a fifty percent (50%) state subsidy on the cost of the

individual retiree medical plan. If the retiree has a minimum of ten (10) years of contributory

service, and twenty (20) years or more of total service, the retiree will be eligible for an eighty

percent (80%) state subsidy on the cost of the individual retiree medical plan. The retiree is

responsible for full payment for any additional dependent plans.

     (c) Disabled retired employees who retire after September 30, 2008, or are under sixty-

five (65) years of age on Septemer 30, 2008. Any disabled retired employee of the state of Rhode

Island who retires after September 30, 2008, or any disabled retired employee of the state of

Rhode Island who is under sixty-five (65) years of age on September 30, 2008, will be eligible to

receive only the following state-sponsored medical coverage and subsidies upon attaining age

sixty-five (65):

     (1) If the retiree is eligible for Medicare at age sixty-five (65), the retiree and spouse shall

enroll in a state-sponsored Medicare supplemental plan.

     (2) If a retiree is not eligible for Medicare at age sixty-five (65), the retiree may remain in

the same medical plan that the retiree was enrolled in prior to attaining age sixty-five (65).

     (3) If the retiree has a minimum of ten (10) years of contributory service, and up to

twenty (20) years of total service, the retiree will receive a fifty percent (50%) state subsidy based

on the cost of the individual Medicare supplemental plan. If the retiree has a minimum of ten (10)

years of contributory service and twenty (20) years or more of total service, the retiree will be

eligible for an eighty percent (80%) state subsidy based on the cost of the individual Medicare

supplemental plan. The retiree is responsible for full payment for any additional dependent plans.

     (d) Payments for retiree and dependent medical coverage shall be deducted from the

purchaser's retirement benefits received pursuant to chapter 10 of this title.

 

     36-12-4. Coverage of retired employees. -- (a) Retired employees who retire on or

before Sepember 30, 2008. Any retired employee who retired on or before September 30, 2008

shall be entitled to be covered under §§ 36-12-1 – 36-12-5 for himself and herself and, if he or

she so desires, his or her dependents, upon agreeing to pay the total cost of his or her contract at

the group rate for the active state employees. Payments of any retired employee for coverage

shall be deducted from his or her retirement allowance and remitted from time to time in payment

for such contract. In addition, any retired employee who retired on or before September 30, 2008

shall be permitted to purchase coverage for his or her dependents upon agreeing to pay the

additional cost of the contract at the group rate for active state employees. Payment for coverage

for dependents shall be deducted from his or her retirement allowances and remitted as required

in payment for the contract.

     (b) State employees who retire subsequent to July 1, 1989, and on or before September

30, 2008. Employees who retire subsequent to July 1, 1989, and on or before September 30,

2008, from active service of the state, and who were employees of the state as determined by the

retirement board under § 36-8-1, shall be entitled to receive for himself or herself a retiree health

care insurance benefit as described in § 36-12-1 in accordance with the following formula:

     Years of    Age                    State’s         Employee’s

     Service      at Retirement      Share           Share

     10-15        60                       50%             50%

     16-22        60                       70%             30%

     23-27        60                       80%             20%

     28+           --                        90%            10%

     28+          60                        100%           0%

     35+          any                      100%           0%

     If the retired employee is receiving a subsidy on September 30, 2008, the state will

continue to pay the same subsidy share until the retiree attains age sixty-five (65).

     (c) When the retiree reaches that age which will qualify him or her for Medicare

Supplement the formula shall be:

     Years of       State’s       Employee’s

     Service         Share         Share

     10-15            50%          50%

     16-19            70%          30%

     20-27            90%          10%

     28+              100%         0%

     (c) Retired employees who retire on or after October 1, 2008. Any retired employee

who retires on or after October 1, 2008 shall be entitled to be covered under §§ 36-12-1 – 36-12-5

for himself and herself and, if he or she so desires, his or her dependents, upon agreeing to pay

the total cost of the contract in the plan in which he or she enrolls. Payments of any retired

employee for coverage shall be deducted from his or her retirement allowance and remitted from

time to time in payment for such contract. Any retired employee who retires on or after October

1, 2008, shall be permitted to purchase coverage for his or her dependents upon agreeing to pay

the additional cost of the contract at the group rate for the plan in which the dependent is enrolled.

Payment for coverage for dependents shall be deducted from the retired employee’s retirement

allowances and remitted as required in payment for the contract. The Director of Administration

shall develop and present to the chairpersons of the House Finance Committee and the Senate

Finance Committee by May 23, 2008 a retiree health plan option or options to be offered to

retirees eligible for state-sponsored medical coverage who are under age sixty-five (65) or are not

eligible for Medicare. This plan will have a reduced benefit level and will have an actuarially

based premium cost not greater than the premium cost of the plan offered to the active state

employee population. This new plan option will be available to employees retiring after

September 30, 2008, and their dependents.      

     (d) If the retired employee desires, he or she shall be permitted to purchase coverage for

his or her dependents upon agreeing to pay the additional cost of the contract at the group rate for

active state employees. Payment for coverage for dependents shall be deducted from his or her

retirement allowances and remitted as required in payment for the contract.

     (d) State employees who retire on or after October 1, 2008. Employees who retire on or

after October 1, 2008 from active service of the state, and who were employees of the state as

determined by the retirement board under § 36-8-1, and who have a minimum of twenty (20)

years of service, and who are a minimum of fifty-nine (59) years of age, shall be entitled to

receive for himself or herself a retiree health care insurance benefit as described in § 36-12-1.

The State will subsidize 80% of the cost of the health insurance plan for individual coverage in

which the retired state employee is enrolled in. Payments of any retired employee for coverage

shall be deducted from his or her retirement allowance and remitted from time to time in payment

for such contract.

     (e) Retired employees, including retired teachers, who are non-Medicare eligible and who

reach the age of sixty-five (65) shall be allowed to continue to purchase group health care

insurance benefits in the same manner as those provided to retired employees who have not

reached the age of sixty-five (65).

 

     SECTION 3. Title 36 of the General Laws entitled “Public Officers and Employees” is

hereby amended by adding thereto the following chapter:

 

     CHAPTER 36-12.1

 

     RETIREE HEALTH CARE TRUST FUND

 

     36-12.1-1. Name of act. -- This act shall be known as the “Health Insurance and Benefits

Funding Act”.

 

     36-12.1-2. Statement of purpose. -- The purpose of the Health Insurance and Benefits

Funding Act is to address the necessity of funding the State’s unfunded liability for retiree health

care benefits required by recent accounting changes and prudent resource management.

 

     36-12.1-3. Background. -- The general assembly finds that the State faces a significant

unfunded liability associated with its retiree health care benefits programs. To date, the State has

been funding retiree health care benefits on a pay-as-you-go basis. Recently established

governmental accounting standards applicable to the State require that the State account for such

unfunded costs on an accrued actuarial basis. An actuarial study conducted by the State shows

that the State faces an unfunded future liability for retiree health care benefits in excess of six

hundred million dollars ($600,000,000). The creation and eventual funding of a dedicated trust

fund for the purpose of financing this liability on accrued actuarial basis is fiscally prudent and

will produce significant benefits to the State.

 

     36-12.1-4. Definitions. -- The following words and phrases as used in the act, unless a

different meaning is plainly required by the context, shall have the following meanings:

     (1) “Actuary” means the actuary retained by the OPEB Board pursuant to §36-12.1-15

hereof.

     (2) “Code” means the Internal Revenue Code of 1986, as amended. 

     (3) "Employer" means the state of Rhode Island.

     (4) "Employee" means all persons who are classified employees as the term "classified

employee" is defined under § 36-3-3, and all persons in the unclassified and non-classified

service of the state. This includes those non-classified employees of the Board of Governors for

Higher Education, the Office of Higher Education, the University of Rhode Island, Rhode Island

College, and the Community College of Rhode Island pursuant to §16-59-1 et seq., who are

participants in the Board of Governors’ alternate retirement plans.

     (5) “GAAP” shall mean generally accepted accounting principles.

     (6) “GASB” shall mean governmental accounting standards board.

     (7) “GASB 43” shall mean the rules promulgated by GASB governing the manner in

which financial statements issued by trusts providing OPEB benefits must be prepared in

accordance with GAAP, as they may be amended from time to time.

     (8) “GASB 45” shall mean the rules promulgated by GASB governing the manner in

which financial statements issued by employers providing OPEB Benefits must be prepared in

accordance with GAAP, as they may be amended from time to time.

     (9) “OPEB” or “OPEB Benefits” shall mean other post employment benefits, and shall

include, without limitation, retiree medical, dental, prescription, vision care, life insurance, long

term care benefits and similar post–employment benefits for a Retired Employee and/or his or her

Dependants.

     (10) "OPEB Board" shall mean the board established in §36-12.1-7 to administer the

OPEB System.

     (11) "OPEB System" shall mean the Rhode Island Employee’s OPEB System as defined

in §36-12.1-5.

     (12) “OPEB Trust” shall mean the trust fund or funds, including any sub-funds or sub-

trusts created by the OPEB Board pursuant to § 36-12 to hold assets of the OPEB System.

     (13) “Party in Interest” shall mean each member of the OPEB Board, each employee of

the OPEB Board, any individual or organization that renders advice to the OPEB Board or the

OPEB System; any affiliate of such organization, and any member of the immediate family of

any such individual.

     (14) "Retired Employee", means any person retired from the active service of the state, as

determined by the retirement board under § 36-8-1, and also all retired teachers who have elected

to come under the OPEB System, or any person who was a non-classified employee of the Board

of Governors for Higher Education, the Office of Higher Education, the University of Rhode

Island, Rhode Island College, or the Community College of Rhode Island pursuant to §16-59-1 et

seq, and who is a participant in the Board of Governors’ alternate retirement plans.

     (15) “Alternate retirement plans” shall mean those retirement plans provided by the

Board of Governors for Higher Education for its non-classified employees, and those of the

Office of Higher Education, the University of Rhode Island, Rhode Island College, and the

Community College of Rhode Island, pursuant to §16-17.1-1 et seq.

 

     36-12.1-5. Establishment of OPEB system. -- An OPEB System is hereby established

and placed under the management of the OPEB Board for the purpose of providing and

administering OPEB Benefits for Retired Employees of the State of Rhode Island and their

dependants under the provisions of chapter 36-12, entitled “Insurance Benefits”, of this title, and

for retired non-classified employees who are participants in the Board of Governors for Higher

Education’s alternate retirement plans. The OPEB System so created shall begin operation as of

July 1, 2008. It shall have the power and privileges of a corporation and shall be known as the

"Rhode Island State Employees’ and Electing Teachers OPEB System" and by that name all of its

business shall be transacted.

 

     36-12.1-6. Responsibility for administration – rules and regulations. -- The general

administration and the responsibility for the proper operation of the OPEB System and for

making effective the provisions of chapter 36-12 of this title are hereby vested in an OPEB

Board. The OPEB Board shall, from time to time, establish rules and regulations for the

administration and transaction of the business of the OPEB System. Rules and regulations which

have been or may be established pursuant to the provisions of this chapter shall be compiled,

codified, and published so that they shall be generally available to the members of the system.

The OPEB Board shall also perform such other functions as are required for the execution of

chapters 12, 12.1 and 12.2 of this title. In its discretion, the OPEB Board may issue regulations

governing the application of this Chapter.

 

     36-12.1-7. Composition of the OPEB board. -- (a) The OPEB Board shall consist of

the State Controller, the State Budget Officer, the State Personnel Administrator and the General

Treasurer, or their designees.

 

     36-12.1-8. Meetings of the OPEB board. -- Meetings shall be held at such place as

may be designated in the call of the meeting, provided at no cost to the state, at the call of the

chairperson.

 

     36-12.1-9. Duties of the OPEB board. -- The OPEB Board shall be responsible for the

administration and operation of the OPEB System, determination of the amount of annual

contributions, and oversight of OPEB Benefit payments to Retired Employees and their

dependents. The OPEB Board shall have the power to collect contributions from the State of

Rhode Island or any municipality thereof, to direct benefit payments, to interpret relevant plan

documents, to resolve inconsistencies and ambiguities contained therein, to decide any claims for

benefits and to resolve disputes.

 

     36-12.1-10. Votes of board – record of proceedings. -- Each member of the board shall

be entitled to one vote in the board and a majority of all the votes of the entire board shall be

necessary for a decision of the board. The board shall keep a record of all the proceedings which

shall be open to public inspection.

 

     36-12.1-11. Reimbursement of board members. -- Members of the board shall serve

without compensation but shall be reimbursed for any necessary expenditures and no employee

shall suffer any loss of salary or wages through serving upon the board.

 

     36-12.1-12. Annual report and statement. -- The OPEB Board shall submit to the

governor for transmittal to the general assembly, on or before the first day of January in each

year, an annual report showing the financial transactions of the system for the fiscal year of the

state next preceding said date. The report shall contain, among other things, a statement of plan

net assets, a statement of changes in plan net assets, a valuation balance sheet as prepared by the

actuary, and other statistical data as are deemed necessary for a proper interpretation of the

condition of the system and the results of its operations. The report shall also embody such other

data as may be of use in the advancement of knowledge concerning state employee OPEB and

any recommendations of the board for changes in the laws pertaining to the system. The OPEB

Board shall cause to be published for distribution among the members of the system a financial

statement summarizing the results of operations for the fiscal year. All financial statements

issued by the OPEB Board shall conform to the requirements of GAAP.

 

     36-12.1-13. Executive officers and secretary. – (a) The Board shall elect a Chairperson

and Secretary. Moreover, the State Controller shall serve as the Treasurer.

     (b) Any negotiated agreement entered into after July 1, 2008, between any state or

municipal agency or department and an employee or employees, whose conditions are contrary to

the general laws or the rules, regulations, and policies as adopted and promulgated by the OPEB

Board shall be null and void unless and until approved by formal action of the OPEB Board for

good cause shown.

 

     36-12.1-14. Accounts and statistical records. – clerical and professional assistance –

disbursements. – The State Controller, under the direction and supervision of the OPEB Board,

shall be charged with the establishment and maintenance of such accounts and statistical records

as the OPEB Board may require and he or she shall employ such clerical assistance as shall be

necessary to carry out properly the provisions of chapters 12, 12.1 and 12.2 of this title. The

OPEB Board shall secure the services of an actuary who shall be the actuarial advisor of the

board and who shall make the actuarial computations and valuations required by chapters 12, 12.1

and 12.2. The state controller is hereby authorized and directed to draw his or her orders upon the

general treasurer for the payment of such sum or sums as may from time to time be necessary,

upon receipt by him or her of vouchers for payment of liabilities.

 

     36-12.1-15. Payment of administrative expenses of the OPEB board and maintaining

the OPEB system – restricted receipts account. – (a) There is hereby created within the general

fund a restricted receipt account entitled the “OPEB system restricted receipt account”, the

proceeds of which shall be used solely to pay the expenses of the OPEB Board, the cost of

maintaining the OPEB System, and the costs of administering the OPEB System.

     (b) For fiscal years 2009 through 2014, the State Controller is authorized to disburse from

the fund the cost of the actuarial valuation, and the allocated share of investment manager fees

incurred by the State Investment Commission. In fiscal years, 2015 and thereafter, there shall be

transferred to this restricted receipt account twenty five (25) basis points where one hundred

(100.0) basis points equals one percent (1.0%), of the average total investments before lending

activities as reported in the annual report of the auditor general for the next preceding five fiscal

years. Any non-encumbered funds on June 30 of any fiscal year shall be credited to the OPEB

System.

 

     36-12.1-16. Collection of actuarial and experience data. – The General Treasurer and

the state Retirement System, shall collect and keep in convenient form such data as shall be

necessary for the preparation of the mortality and service tables and for the compilation of such

other information as shall be required for the actuarial valuation of the assets and liabilities of the

OPEB System and to comply with the requirements of GASB 43 and 45.

 

     36-12.1-17. Actuarial investigations authorized by board. – Immediately after his or

her selection, the actuary shall make such investigation of the mortality, service, and

compensation experience of the members as the OPEB Board shall authorize for the purpose of

determining the proper tables to be prepared and submitted to the OPEB Board for adoption.

 

     36-12.1-18. Periodic actuarial investigations and valuations. – Every year beginning

with fiscal year 2009, the actuary shall make an actuarial investigation into the mortality, service,

and compensation experience of the members and beneficiaries of the OPEB System, and shall

make a valuation of the assets and liabilities of the system, and, taking into account the result of

the investigation and valuation, the OPEB Board shall:

     (1) Adopt for the OPEB System, such mortality, service, and other tables as shall be

deemed necessary in the OPEB System; and

     (2) Certify the levels of contribution payable by the state of Rhode Island to carry out the

provisions of chapters 12, 12.1, and 12.2 of this title.

      (3) Certify the levels of contribution payable by the Board of Governors for Higher

Education to carry out the provisions of chapter 17.1 of title 16.

     On the basis of such tables as the OPEB Board shall adopt, the actuary shall make an

annual valuation of the liabilities of the funds of the system created by this chapter and the

investment advisor or investment manager appointed by the OPEB Board shall make an annual

valuation of the assets of the OPEB System.

 

     36-12.1-19. State contributions. – (a) The State of Rhode Island shall make its

contribution for the maintenance of the system, including the proper and timely payment of

benefits, by annually appropriating an amount equal to a percentage of the total compensation

paid to the active membership and teacher payroll base. The percentage shall be computed by the

actuary employed by the OPEB Board and shall be certified by the OPEB Board to the director of

administration on or before the fifteenth day of October in each year. In arriving at the yearly

employer contribution the actuary shall determine the value of:

     (1) The contributions made by the members;

     (2) Income on investments; and

     (3) Other income of the system.

     (b) The Actuary shall thereupon compute the yearly employer contribution that will:

     (1) Pay the actuarial estimate of the normal cost for the next succeeding fiscal year;

     (2) Amortize the unfunded liability of the system as of June 30, 2006 utilizing a time

period not to exceed thirty (30) years.

     (c) The State of Rhode Island shall remit to the general treasurer the employer's share of

the contribution for state employees, state police, legislators, and judges on a payroll frequency

basis, and for teachers in a manner consistent with sound accounting and actuarial practice.

     (d) The Board of Governors for Higher Education shall remit to the general treasurer that

employer’s share of the contribution for its non-classified employees, and those of the University

of Rhode Island, Rhode Island College, and the Community College of Rhode Island, pursuant to

§16-17.1-1 et seq., and in a manner consistent with sound accounting and actuarial practice.

 

     36-12.1-20. Establishment of OPEB trust funds. -- The OPEB Board shall establish

one or more trust funds and/or sub trusts to hold the assets of the OPEB System, to be known as

the Rhode Island OPEB System Trust. Title and legal ownership of all assets of the OPEB

System shall be in the name of the Rhode Island OPEB System Trust. The OPEB Board, or its

delegate is authorized to execute one or more trust instruments to effectuate the purposes of this

section. However, such trust instruments shall require that: a) all funds held by such trusts shall

be used solely to pay benefits pursuant to the OPEB System, and reasonable and legitimate

administrative expenses associated therewith; b) no asset of the OPEB System or contribution

made by the State of Rhode Island, may be recovered or returned to the State, until the OPEB

Board has certified all liabilities of the System have been satisfied; and c) at no time shall the

assets of the Rhode Island OPEB System Trust shall be subject to the claims of the creditors of

the State of Rhode Island or the creditors of any beneficiary of the OPEB System.

 

     36-12.1-21. Custody and investment of funds. -- (a) All money immediately required

for the payment of OPEB Benefits shall be invested only in accordance with the written

objectives and guidelines established by the state investment commission pursuant to the

provisions of chapter 10 of title 35 and other applicable law.

     (b) All money not immediately required for the payment of OPEB Benefits shall be

invested in accordance with the provisions of chapter 10 of title 35 and other applicable law and

shall be held in a custodial or trust account in accordance with § 36-12.1-5. The trust and

custodial account established under this section shall be maintained pursuant to written

documents which expressly provide that it shall be impossible at any time prior to the satisfaction

of all liabilities with respect to employees and their beneficiaries for any part of the corpus or

income to be used for or diverted to purposes other than the payment of OPEB Benefits to

employees and their beneficiaries (except as otherwise permitted by § 36-12.1).

 

     36-12.1-22. Disposition of investment earnings. – The OPEB Board shall credit all

earned investment income from interest and dividends on investments and bank deposits during

any fiscal year to the Rhode Island OPEB System Trust.

 

     36-12.1-23. Improper interest in investments of board. – Except as herein provided, no

member of the OPEB Board and no employee of the OPEB Board shall have any interest, direct

or indirect, in the gains or profits of any investment made by the OPEB Board, nor as such

directly or indirectly receive any pay or emolument for his or her services. No member of the

OPEB Board or employee of the OPEB Board shall, directly or indirectly, for himself or herself

or as an agent, in any manner use the gains or profits, except to make such current and necessary

payments as are authorized by the OPEB Board; nor shall any member or employee of the OPEB

Board become an endorser or surety or become in any manner an obligor for money loaned or

borrowed from the OPEB Board. No member of the OPEB Board shall permit the OPEB System

to engage in a transaction that constitutes a sale or exchange, or leasing, of any property between

the OPEB System and a party in interest; a lending of money or other extension of credit between

the OPEB System and a party in interest; furnishing of goods, services, or facilities between the

OPEB System and a party in interest; transfer to, or use by or for the benefit of, a party in interest,

of any assets of the OPEB System.

 

     36-12.1-24. Payment of OPEB benefits. -- All OPEB Benefits shall be paid from the

Rhode Island OPEB System Trust, subject to the oversight and approval of the OPEB Board.

 

     36-12.1-25. Annual audits. – The auditor general shall conduct upon the request of the

OPEB Board a separate annual performance audit of the OPEB System which shall include a

report on the actuarial valuation of the assets and liabilities of the OPEB System. The auditor

general may examine all records, files, and other documents, and evaluate all policies and

procedures for purposes of conducting the audit. The aforementioned performance audit shall be

in addition to the annual audit conducted by the auditor general of the financial statements of the

OPEB System. A copy of the report shall be given to the governor and the OPEB Board.

 

     36-12.1-26. Internal revenue code qualification. – (a) Intent. It is intended that the

OPEB System and the Rhode Island OPEB System Trust satisfy the requirements of §115 or

§501(c)(9) of the Internal Revenue Code of 1986 as amended from time to time, 26 U.S.C. §§

115, 501(c)(9) - ,(hereinafter referred to as the "Code"), in form and operation, to the extent that

those requirements apply to a governmental use trust under §115 or a voluntary employee benefit

association under §501(c)(9) of the Code. To this end, the following provisions shall be

applicable, administered, and interpreted in a manner consistent with maintaining the tax

qualification of the OPEB System, and shall supersede any conflicting provisions of chapters 12,

12.1 and 12.2 of this title, [of chapter 16 of title 16, or of chapter 21 of title 45].

     (b) Exclusive benefit. All funds of the OPEB System shall be held in one or more trusts

as provided in §36-12.1-21 or if permitted, in accordance with § 401(f) of the code, in one or

more custodial accounts treated as trusts or a combination thereof. Under any trust or custodial

account, it shall be impossible at any time prior to the satisfaction of all liabilities with respect to

employees and their beneficiaries, for any part of the corpus or income to be used for, or diverted

to, purposes other than the payment of OPEB allowances and other post employment benefits to

Retired Employees and their beneficiaries.

 

     36-12.1-27. Severability. – (a) If any provision of this chapter 36-12.1 of this title, any

rule, or regulation made thereunder, or the application thereof to any person or circumstance is

held invalid by a court of competent jurisdiction the remainder of this chapter, rules, or

regulations and the application of those provisions to other persons or circumstances shall not be

affected thereby.

     (b) The invalidity of any section or sections or parts of any section or sections of those

chapters shall not affect the validity of the remainder of this chapter.

 

     SECTION 4. This article shall take effect upon passage. Provided, however, that the

terms of the collective bargaining agreements in place with the Rhode Island Airport Corporation

in existence on the effective date of this act which provide a different or greater level of benefits

than provided herein shall remain in full force and effect until their presently scheduled expiration

dates. However, the establishment of the Rhode Island State Employees’ and Electing Teachers

OPEB System Trust shall occur after July 1, 2008.

 

ARTICLE 5

 

RELATING TO SCHOOL BUDGETS AND HOUSING AID

 

     SECTION 1. Sections 16-7-41 and 16-7-44 of the General Laws in Chapter 16-7 entitled

"Foundation Level School Support" are hereby amended to read as follows:

 

     16-7-41. Computation of school housing aid. -- (a) In each fiscal year the state shall pay

to each community a grant to be applied to the cost of school housing equal to the following:

      The cost of each new school housing project certified to the commissioner of elementary

and secondary education not later than July 15 of the fiscal year shall be divided by the actual

number of years of the bond issued by the local community or the Rhode Island Health and

Educational Building Corporation in support of the specific project, times the school housing aid

ratio; and provided, further, with respect to costs of new school projects financed with proceeds

of bonds issued by the local community or the Rhode Island Health and Educational Building

Corporation in support of the specific project, the amount of the school housing aid payable in

each fiscal year shall not exceed the amount arrived at by multiplying the principal and interest of

the bonds payable in each fiscal year by the school housing aid ratio and which principal and

interest amount over the life of the bonds, shall, in no event, exceed the costs of each new school

housing project certified to the commissioner of elementary and secondary education. If a

community fails to specify or identify the appropriate reimbursement schedule, the commissioner

of elementary and secondary education may at his or her discretion set up to a five (5) year

reimbursement cycle for projects under five hundred thousand dollars ($500,000); up to ten (10)

years for projects up to three million dollars ($3,000,000); and up to twenty (20) years for

projects over three million dollars ($3,000,000).

      (b) Aid shall be provided for the same period as the life of the bonds issued in support of

the project and at the school housing aid ratio applicable to the local community at the time of the

bonds issued in support of the project.

      (c) Aid shall be paid either to the community or in the case of projects financed through

the Rhode Island Health and Educational Building Corporation, to the Rhode Island Health and

Educational Building Corporation or its designee including, but not limited to, a trustee under a

bond indenture or loan and trust agreement, in support of bonds issued for specific projects of the

local community in accordance with this section, section 16-7-40 and section 16-7-44.

Notwithstanding the preceding, in case of failure of any city, town or district to pay the amount

due in support of bonds issued on behalf of a city or town school project financed by the Rhode

Island Health and Educational Building Corporation, upon notification by the Rhode Island

Health and Educational Building Corporation, the general treasurer shall deduct the amount from

aid provided under this section, section 16-7-40 and section 16-7-44 due the city, town or district

and direct said funding to the Rhode Island Health and Educational Building Corporation or its

designee.

      (d) Notwithstanding any provisions of law to the contrary, in connection with the

issuance of refunding bonds benefiting any local community, any net interest savings resulting

from the refunding bonds issued by such community or a municipal public buildings authority for

the benefit of the community or by the Rhode Island health and educational building corporation

for the benefit of the community, in each case in support of school housing projects for the

community, shall be allocated between the community and the state of Rhode Island, by applying

the applicable school housing aid ratio at the time of issuance of the refunding bonds, calculated

pursuant to section 16-7-39, that would otherwise apply in connection with school housing

projects of the community. In connection with any such refunding of bonds, the finance director

or the chief financial officer of the community shall certify such net interest savings to the

commissioner of elementary and secondary education. Notwithstanding section 16-7-44 or any

other provision of law to the contrary, school housing projects costs in connection with any such

refunding bond issue shall include bond issuance costs incurred by the community, the municipal

public buildings authority or the Rhode Island health and educational building corporation, as the

case may be, in connection therewith. In connection with any refunding bond issue, school

housing project costs shall include the cost of interest payments on such refunding bonds, if the

cost of interest payments was included as a school housing cost for the bonds being refunded. A

local community or municipal public buildings authority shall not be entitled to the benefits of

this subsection (d) unless the net present value savings resulting from the refunding is at least

three percent (3%) of the refunded bond issue.

     (e) Any provision of law to the contrary notwithstanding, the commissioner of

elementary and secondary education shall cause to be monitored the potential for refunding

outstanding bonds of local communities or municipal public building authorities or of the Rhode

Island Health and Educational Building Corporation issued for the benefit of local communities

or municipal public building authorities and benefiting from any aid referenced in this section. In

the event it is determined by said monitoring that the net present value savings which could be

achieved by refunding such bonds of the type referenced in the prior sentence including any

direct costs normally associated with such refundings is equal to (i) at least one hundred thousand

dollars ($100,000) and (ii) for the state and the communities or public building authorities at least

three percent (3%) of the bond issue to be refunded including associated costs then, in such event,

the commissioner (or his or her designee) may direct the local community or municipal public building

authority for the benefit of which the bonds were issued, to refund such bonds. Failure of the

local community or municipal public buildings authority to timely refund such bonds, except due

to causes beyond the reasonable control of such local community or municipal public building

authority, shall result in the reduction by the state of the aid referenced in this section 16-7-4.1

associated with the bonds directed to be refunded in an amount equal to ninety percent (90%) of

the net present value savings reasonably estimated by the commissioner of elementary and

secondary education (or his or her designee) which would have been achieved had the bonds directed to

be refunded been refunded by the ninetieth (90th) day (or if such day is not a business day in the

state of Rhode Island, the next succeeding business day) following the date of issuance of the

directive of the commissioner (or his or her designee) to refund such bonds. Such reduction in the aid

shall begin in the fiscal year following the fiscal year in which the commissioner issued such

directive for the remaining term of the bond.

      (e) (f) Payments shall be made in accordance with section 16-7-40 and this section.

 

     16-7-44. School housing project costs. -- School housing project costs, the date of

completion of school housing projects, and the applicable amount of school housing project cost

commitments shall be in accordance with the regulations of the commissioner of elementary and

secondary education and the provisions of sections 16-7-35 -- 16-7-47; provided, however, that

school housing project costs shall include the purchase of sites, buildings, and equipment, the

construction of buildings, and additions or renovations of existing buildings and/or facilities.

School housing project costs shall include the cost of interest payment on any bond issued after

July 1, 1988, provided that such bond is approved by the voters on or before June 30, 2003 or

issued by a municipal public building authority or by the appropriate approving authority on or

before June 30, 2003. Except as provided in subsection 16-7-41(d), those projects approved after

June 30, 2003, interest payments may only be included in project costs provided that the bonds

for these projects are issued through the Rhode Island Health, Education and Building

Corporation. School housing project costs shall exclude: (1) any bond issuance costs incurred by

the municipality or regional school district; (2) demolition costs for buildings, facilities, or sites

deemed surplus by the school committee; and (3) restrictions pursuant to section 16-7-44.1

below. A building, facility, or site is declared surplus by a school committee when the committee

no longer has such building, facility, or site under its direct care and control and transfers control

to the municipality, section 16-2-15. The board of regents for elementary and secondary

education will promulgate rules and regulations for the administration of this section. These rules

and regulations may provide for the use of lease revenue bonds, capital leases, or capital reserve

funding, to finance school housing provided that the term of any bond, or capital lease shall not

be longer than the useful life of the project and these instruments are subject to the public review

and voter approval otherwise required by law for the issuance of bonds or capital leases. Cities or

towns issuing bonds, or leases issued by municipal public buildings authority for the benefit of a

local community pursuant to chapter 50 of title 45 shall not require voter approval. Effective

January 1, 2008, and except for interim finance mechanisms, refunding bonds, and bonds issued

by the Rhode Island Health and Educational Building Corporation to finance school housing

projects for towns, cities, or regional school districts borrowing for which has previously been

authorized by an enabling act of the general assembly, All all bonds, notes and other forms of

indebtedness, other than interim finance mechanisms, issued in support of school housing projects

shall require passage of an enabling act by the general assembly.

 

     SECTION 3. This article shall take effect as of January 1, 2008.

 

ARTICLE 6

 

RELATING TO PERMITS FOR SALE OF BOTTLED WATER

 

     SECTION 1. Section 44-44-2 of the General Laws in Chapter 44-44 entitled “Taxation

of Beverage Containers, Hard-to-Dispose Material and Litter Control Participation Permittee” is

hereby amended to read as follows:   

 

    44-44-2.  Definitions.  – As used in this chapter:

 

     (1) "Beverage" means carbonated soft drinks, soda water, mineral water, bottled water,

and beer and other malt beverages.

     (2) "Beverage container" means any sealable bottle, can, jar, or carton which contains a

beverage.

     (3) "Beverage retailer" means any person who engages in the sale of a beverage container

to a consumer within the state of Rhode Island, including any operator of a vending machine.

     (4) "Beverage wholesaler" means any person who engages in the sale of beverage

containers to beverage retailers in this state, including any brewer, manufacturer, or bottler who

engages in those sales.

     (5) "Case" means:

     (i) Forty-eight (48) beverage containers sold or offered for sale within this state when

each beverage container has a liquid capacity of seven (7) fluid ounces or less;

     (ii) Twenty-four (24) beverage containers sold or offered for sale within this state when

each beverage container has a liquid capacity in excess of seven (7) fluid ounces but less than or

equal to sixteen and nine tenths (16.9) fluid ounces;

     (iii) Twelve (12) beverage containers sold or offered for sale within this state when each

beverage container has a liquid capacity in excess of sixteen and nine tenths (16.9) fluid ounces

but less than thirty-three and nine tenths (33.9) fluid ounces; and

     (iv) Six (6) beverage containers sold or offered for sale within this state when each

beverage container has a liquid capacity of thirty-three and nine tenths (33.9) fluid ounces or

more.

     (6) A permit issued in accordance with § 44-44-3.1(1) is called a Class A permit.

     (7) A permit issued in accordance with § 44-44-3.1(2) is called a Class B permit.

     (8) A permit issued in accordance with § 44-44-3.1(3) is called a Class C permit.

     (9) A permit issued in accordance with § 44-44-3.1(4) is called a Class D permit.

     (10) A permit issued in accordance with § 44-44-3.1(5) is called a Class E permit.

     (11) "Consumer" means any person who purchases a beverage in a beverage container for

use or consumption with no intent to resell that filled beverage container.

     (12) "Gross receipts" means those receipts reported for each location to the tax

administrator included in the measure of tax imposed under chapter 18 of this title, as amended.

For those persons having multiple locations' receipts reported to the tax administrator the "gross

receipts" to be aggregated shall be determined by each individual sales tax permit number. The

term gross receipts shall be computed without deduction for retail sales of items in activities other

than those which this state is prohibited from taxing under the constitution of the United States.

        (13) "Hard-to-dispose material" is as defined in § 37-15.1-3.

        (14) "Hard-to-dispose material retailer" means any person who engages in the retail sale

of hard-to-dispose material (as defined in § 37-15.1-3) in this state.

        (15) "Hard-to-dispose material wholesaler" means any person, wherever located, who

engages in the sale of hard-to-dispose material (as defined in § 37-15.1-3) to customers for sale in

this state (including manufacturers, refiners, and distributors and retailers), and to other persons

as defined above.

        (16) "New vehicle" means any mode of transportation for which a certificate of title is

required pursuant to title 31 and for which a certificate of title has not been previously issued in

this state or any other state or country.

        (17) "Organic solvent" is as defined in § 37-15.1-3.

        (18) "Person" means any natural person, corporation, partnership, joint venture,

association, proprietorship, firm, or other business entity.

        (19) "Prior calendar year" means the period beginning with January 1 and ending with

December 31 immediately preceding the permit application due date.

        (20) "Qualifying activities" means selling or offering for retail sale food or beverages

for immediate consumption and/or packaged for sale on a take out or to go basis regardless of

whether or not the items are subsequently actually eaten on or off the vendor's premises.

        (21) "Vending machine" means a self-contained automatic device that dispenses for

sale foods, beverages, or confection products.

 

     SECTION 2. This article shall take effect as of May 1, 2008.

 

ARTICLE 7

 

RELATING TO CRIMINALS – CORRECTIONAL INSTITUTIONS – PAROLE

 

     SECTION 1. Section 13-8-14.1 of the General Laws in Chapter 13-8 entitled "Parole" is

hereby amended to read as follows:

 

     13-8-14.1. Parole standards. -- (a) At least once each calendar year the parole board

shall adopt standards to be utilized by the board in evaluating applications for parole of persons

convicted of a criminal offense and sentenced to the adult correctional institutions. These

standards shall establish, with the range of parole eligibility set by statute, the portion of a

sentence which should be served upon conviction for each category of criminal offense prior to

parole, depending on the likelihood of recidivism as determined by a risk assessment, and shall

serve as guidelines for the board in making individual parole determinations.

      (b) The board shall consider the applicable standard prior to rendering a decision on a

parole application, and may make a determination at variance with that standard only upon a

finding that the determination is warranted by individualized factors, such as the character and

criminal record of the applicant, the nature and circumstances of the offense or offenses for which

the applicant was sentenced, the conduct of the applicant while incarcerated, and the criteria set

forth in section 13-8-14.

      (c) In each case where the board grants an application prior to the time set by the

applicable standard or denies an application on or after the time set by that standard, the board

shall set forth in writing the rationale for its determination.

 

     SECTION 2. Sections 42-56-24 and 42-56-26 of the General Laws in Chapter 42-56

entitled "Corrections Department" are hereby amended to read as follows:

 

     42-56-24. Time allowed for good behavior. – Earned time for good behavior or

program participation or completion. -- - (a) The director, or his or her designee, shall keep a

record of the conduct of each prisoner, and for each month that a prisoner who has been

sentenced to imprisonment for six (6) months or more and not under sentence to imprisonment

for life, appears by the record to have faithfully observed all the rules and requirements of the

institutions and not to have been subjected to discipline, and is serving a sentence imposed for

violation of sexual offenses under sections 11-37-2, 11-37-4, 11-37-6, 11-37-8, 11-37-8.1 and 11-

37-8.3 or 11-9-1.3 there shall, with the consent of the director of the department of corrections, or

his or her designee, upon recommendation to him or her by the assistant director of

institutions/operations, be deducted from the term or terms of sentence of that prisoner the same

number of days that there are years in the term of his or her sentence; provided, that when the

sentence is for a longer term than ten (10) years, only ten (10) days shall be deducted for one

month's good behavior; and provided, further, that in the case of sentences of at least six (6)

months and less than one year, one day per month shall be deducted.

      (b) For the purposes of this subsection computing the number of days to be deducted for

good behavior, consecutive sentences shall be counted as a whole sentence. This subsection

recognizes the serious nature of sex offenses; promotes community safety and protection of the

public; and maintains the ability of the department of corrections to oversee the rehabilitation and

supervision of sex offenders.

     (b) For all prisoners serving sentences of more than one month, and not serving a

sentence of imprisonment for life or a sentence imposed for a violation of the sexual offenses

identified in subsection (a) the director, or his or her designee, shall keep a record of the conduct of

each prisoner, and for each month that prisoner has faithfully observed all the rules and

requirements of the institutions and has not been subjected to discipline, there shall, with the

consent of the director of the department of corrections or his or her designee and upon

recommendation by the assistant director of institutions/operations, be deducted from the term or

terms of sentence of that prisoner ten (10) days for each month's good behavior.

      (c) For every day a prisoner shall be shut up or otherwise disciplined for bad conduct, as

determined by the assistant director, institutions/operations, subject to the authority of the

director, there shall be deducted one day from the time he or she shall have gained for good

conduct.

      (d) The assistant director, or his or her designee, subject to the authority of the director,

shall have the power to restore lost good conduct time in whole or in part upon a showing by the

prisoner of subsequent good behavior and disposition to reform.

      (e) For each month that a prisoner who has been sentenced to imprisonment for more

than one six (6) months or more month and not under sentence to imprisonment for life who has

faithfully engaged in institutional industries there shall, with the consent of the director, upon the

recommendations to him or her by the assistant director, institutions/operations, be deducted from

the term or terms of the prisoner an additional two (2) days a month. These two (2) days a month

shall be deducted regardless of the length of the sentence of the prisoner.

     (f) Except those prisoners serving a sentence imposed for violation of any sexual offense

committed under sections 11-37-2, 11-37-4, 11-37-6, 11-37-8, 11-37-8.1, 11-37-8.3 or 11-9-13,

for each month that a prisoner who has been sentenced to imprisonment for more than one month

and not under sentence to imprisonment for life has participated faithfully in programs that have

been determined by the director or his/her designee to address that prisoner's individual needs that

are related to his/her criminal behavior, there may, with the consent of the director and upon the

recommendation of the assistant director, rehabilitative services, be deducted from the term or

terms of the prisoner up to an additional five (5) days a month. Furthermore, whenever the

prisoner has successfully completed such program, they may; with the consent of the director and

upon the recommendation by the assistant director, rehabilitative services, be deducted from the

term or terms of the prisoner up to an additional thirty (30) days.

 

     42-56-26. Additional time allowed for meritorious service. -- In addition to any time

allowed for good behavior pursuant to section 42-56-24, With the exception of the prisoners

eligible for credits pursuant to subsections 42-56-24(b) and 42-56-24(f), any prisoner sentenced

to imprisonment for one year or more in the adult correctional institutions, whether the sentence

was imposed before or after May 8, 1974, shall be eligible to have deducted from his or her

sentence up to three (3) days per month up to a maximum of thirty-six (36) days per year for each

act, when in the determination of the director, or his or her designee, an inmate has performed

heroic acts affecting the lives and welfare of the institutional personnel, inmates, or the general

public, or when an inmate has submitted extraordinary and useful ideas and plans which have

been implemented for the benefit of the state resulting in substantial savings and/or a higher

degree of efficiency or performance while participating in and completing academic or vocational

education programs, or when an inmate has submitted useful ideas concerning academic or

vocational programs which have been implemented at the adult correctional institutions. Nothing

in this section shall be construed to deprive a prisoner of time already accumulated or deducted

prior to May 8, 1974.

 

     SECTION 3. This article shall take effect upon passage.

     

ARTICLE 8

 

RELATING TO FURLOUGH DAYS

 

     SECTION 1. Section 36-10-10.4 of the General Laws in Chapter 36-10 entitled

"Retirement System-Contributions and Benefits" is hereby amended to read as follows:

 

     36-10-10.4. Effect of deferral and/or reduction of salary. -- (a) If subsequent to

January 1, 1991, a member sustains a loss of salary due to a deferral of salary or a reduction in

salary in order to avoid shutdowns, layoffs, or because of a retrenchment of state or local

finances, then in calculating the service retirement allowance of the member, the amount of salary

deferred and/or the amount of the reduction of salary shall not reduce the amount of annual

compensation of the member for the purpose of establishing his or her highest three (3)

consecutive years of compensation. This provision is subject to subsection (c) of this section.

      (b) (1) For purposes of subsection (a), reduction of salary shall mean:

      (i) The actual dollar amount which represents the difference between the employee's

salary prior to the voluntary reduction of salary and the employee's salary after the voluntary

reduction of salary; or

      (ii) The actual dollar amount which represents the difference between the employee's

salary prior to the renegotiation and/or alteration of an existing collective bargaining agreement

and the employee's salary after the renegotiation and/or alteration of an existing collective

bargaining agreement.

      (2) Reduction of salary also means the voluntary or negotiated reduction in the number

of hours that an employee works in a pay period and for which he or she is paid.

      (c) An employee who has sustained a reduction in salary and who desires to retire prior

to June 30, 1995, in accordance with subsection (a) shall pay, prior to retirement, to the retirement

board an amount equal to the difference between the amount of contribution the employee would

have paid on his or her salary prior to the reduction in salary and the amount that the employee

actually contributed plus interest.

 

     SECTION 2. This article shall take effect upon passage.

 

ARTICLE 9

 

RELATING TO THE FAMILY INDEPENDENCE ACT

 

     SECTION 1. Section 40-5.1-8 of the General Laws in Chapter 40-5.1 entitled "Family

 Independence Act" is hereby amended to read as follows:

 

 40-5.1-8. Eligibility for cash assistance. – (a)(1) Except as otherwise provided for in this

section, no person shall be included in any family for purposes of determining eligibility for or

the amount of cash to which a family is entitled under this chapter, unless the person is a resident

of the state and is: (i) either a citizen; or (ii) lawfully admitted for permanent residence before

August 22, 1996; or (iii) otherwise lawfully entitled to reside in the United States before August

22, 1996, and is determined to have a status within the meaning of the term "qualified alien", or

an exception thereto, under § 402(b) of the Personal Responsibility and Work Opportunity

Reconciliation Act of 1996 (Public Laws No. 104-193), and as that section may hereafter be

amended; or (iv) an alien who on or after August 22, 1996, is determined to have a status within

the meaning of the term "qualified alien", or an exception thereto, under § 402(b) of the Personal

Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Laws No. 104-193),

and as that section may hereafter be amended.

     (2) An alien who does not meet the citizenship or alienage criteria in subsection (a)(1)

above, who was lawfully residing in the United States before August 22, 1996, and who is a

resident of this state prior to July 1, 1997, shall be eligible for cash assistance under this chapter

without regard to the availability of federal funding; provided, however, that the person meets all

other eligibility requirements under this chapter.

     (3) No person shall be ineligible for assistance payments under this chapter due solely to

the restricted eligibility rules otherwise imposed by section 115(a)(2) of the Personal

Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Laws No. 104-193),

and as that section may hereafter be amended.

     (b) No family shall be eligible for assistance payments if the combined value of its

available resources (reduced by any obligations or debts with respect to such resources) exceed

one thousand dollars ($1,000). For purposes of this subsection, the following shall not be counted

as resources of the family:

     (1) The home owned and occupied by a child, parent, relative or other individual;

     (2) Real property owned by a husband and wife as tenants by the entirety, if the property

is not the home of the family and if the spouse of the applicant refuses to sell his or her interest in

the property;

     (3) Real property which the family is making a good faith effort to dispose of, but any aid

payable to the family for any such period shall be conditioned upon such disposal and any

payments of aid for that period shall (at the time of disposal) be considered overpayments to the

extent that they would not have occurred at the beginning of the period for which the payments

were made. Any overpayments that may have occurred are debts subject to recovery in

accordance with the provisions of § 40-5.1-28;

     (4) Income producing property other than real estate including, but not limited to,

equipment such as farm tools, carpenter's tools and vehicles used in the production of goods or

services which the department determines are necessary for the family to earn a living;

     (5) One vehicle for each adult household member but not to exceed two (2) vehicles per

household, and in addition, a vehicle used primarily for income producing purposes such as, but

not limited to, a taxi, truck or fishing boat; a vehicle used as a family's home; a vehicle which

annually produces income consistent with its fair market value, even if only used on a seasonal

basis; a vehicle necessary to transport a family member with a disability where the vehicle is

specially equipped to meet the specific needs of the person with a disability or if the vehicle is a

special type of vehicle that makes it possible to transport the person with a disability;

     (6) Household furnishings and appliances, clothing, personal effects and keepsakes of

limited value;

     (7) Burial plots (one for each child, relative, and other individual), and funeral

arrangements;

     (8) For the month of receipt and the following month, any refund of federal income taxes

made to the family by reason of § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32

(relating to earned income tax credit), and any payment made to the family by an employer under

§ 3507 of the Internal Revenue Code of 1986, 26 U.S.C. § 3507 (relating to advance payment of

such earned income credit);

     (9) The resources of any family member receiving supplementary security income

assistance under the Social Security Act, 42 U.S.C. § 301 et seq.

     (c) [Deleted by P.L. 2003, ch. 376, art. 12, § 1.]

     (d)(1) Except as otherwise provided for in this section, no person shall be included in any

family for purposes of determining eligibility for or the amount of cash to which a family is

entitled under this chapter if that person, after attaining eighteen (18) years of age, has received

cash assistance under this chapter for a total of sixty (60) months (whether or not consecutive) to

include any time receiving family cash assistance in any other state or territory of the United

States of America as defined herein.

     Family cash assistance in any other state or territory of the United States of America shall

be determined by the Department of Human Services and shall include family cash assistance

funded in whole or in part by Temporary Assistance for Needy Families (TANF) funds [Title IV-

A of the federal Social Security Act, 42 U.S.C. § 601 et seq.] and/or family cash assistance

provided under a program similar to the Family Independence Act or the federal TANF program.

     (2) Effective August 1, 2008, no child who has reached or exceeded sixty (60) months of

cash assistance shall be eligible for cash assistance under this chapter unless the department of

human services determines that:

     (i) his or her parent is eligible for reapplication due to hardship in accordance with

subsection 40-5.1-8(d)(4) due to said parent being: (1) a victim of domestic violence; (2) unable

to work due to a documented disability or homelessness; (3) a full-time in home caregiver for a

disabled child or spouse and as further described in the department of human services rules and

regulations.

     (ii) the child is a minor child for whom there is a caretaker relative deemed responsible

for the care of the minor child due to the absence of a parent.

     (iii) Assistance to the parent(s) to access jobs and training through the Network RI One-

Stop Career Centers shall be offered through a collaboration between the department of human

services and department of labor and training.

        (2) (3) In calculating the sixty (60) month limit imposed in subsection (d)(1), the

department shall disregard any month for which assistance was provided with respect to a minor

parent or minor pregnant woman during those months when the individual was a minor child, or a

parent employed an average of thirty (30) or more hours per week during a month in a single

parent family, or an average of thirty-five (35) hours per week during a month for a two (2)

parent family.

     (3) (4) The department may exempt a family from the application of subsection (d)(1) by

reason of hardship; provided, however, that the number of such families to be exempted by the

department under this subsection shall not exceed twenty percent (20%) of the average monthly

number of families to which assistance is provided for under this chapter in a fiscal year;

provided, however, that to the extent now or hereafter permitted by federal law, any waiver

granted under § 40-5.1-46(a) shall not be counted in determining the twenty percent (20%)

maximum under this section.

     (e) Notwithstanding any other provision of this chapter, the amount of cash to which a

family is entitled under the chapter shall be reduced by thirty percent (30%) until the family has

been a resident of the state for twelve (12) consecutive months; provided, however, that no

member of the family who has been a resident of the state for twelve (12) consecutive months or

longer shall have his or her benefit reduced under this subsection.

     (f) A family:

     (i) Consisting of a parent who is under the age of eighteen (18) (minor parent); and

     (ii) Who has never been married; and

     (iii) Who has a child, or a family which consists of a woman under the age of eighteen

(18) who is at least six (6) months pregnant (pregnant minor), shall be eligible for cash assistance

only if such family resides in the home of a parent, legal guardian or other adult relative. Such

assistance shall be provided to the parent, legal guardian, or other adult relative on behalf of the

individual and child unless otherwise authorized by the department.

     (2) Subdivision (1) of this subsection shall not apply if:

     (i)(A) The minor parent or pregnant minor has no parent, legal guardian or other adult

relative who is living and or whose whereabouts are known;

     (B) The department determines that the physical or emotional health or safety of the

minor parent, or his or her child, or the pregnant minor, would be jeopardized if he or she was

required to live in the same residence as his or her parent, legal guardian or other adult relative

(refusal of a parent, legal guardian or other adult relative to allow the minor parent or his or her

child, or a pregnant minor, to live in his or her home shall constitute a rebuttable presumption that

the health or safety would be so jeopardized);

     (C) The minor parent or pregnant minor has lived apart from his or her own parent or

legal guardian for a period of at least one year before either the birth of any child to a minor

parent or the onset of the pregnant minor's pregnancy; or

     (D) There is good cause, under departmental regulations, for waiving the subsection; and

     (ii) The individual resides in supervised supportive living arrangement to the extent

available. For purposes of this section "supervised supportive living arrangement" means an

arrangement which:

     (A) Requires teen parents to enroll and make satisfactory progress in a program leading

to a high school diploma or a general education development certificate;

     (B) Requires teen parents to participate in the adolescent parenting program established

in chapter 19 of this title to the extent the program is available; and

     (C) Provides rules and regulations, which ensure regular adult supervision.

     (g) As a condition of eligibility for cash and medical assistance under this chapter, each

adult member of the family has:

     (1) Assigned to the state any rights to support for children within the family from any

person which the family member has at the time the assignment is executed or may have while

receiving assistance under this chapter;

     (2) Consented to and is cooperating with the state in establishing the paternity of a child

born out of wedlock with respect to whom assistance is claimed, and in obtaining support

payments for the family member with respect to whom the aid is claimed, or in obtaining any

other payments or property due any family member, unless the applicant is found to have good

cause for refusing to comply with the requirements of this subsection.

     Absent good cause for refusing to comply with the requirements of this subsection, the

amount of cash a family is otherwise entitled shall be reduced by twenty-five percent (25%) until

the adult member of the family who has refused to comply with the requirements of this

subsection consents to and cooperates with the state in accordance with the requirements of this

subsection.

     (3) Consented to and is cooperating with the state in identifying and providing

information to assist the state in pursuing any third party who may be liable to pay for care and

services under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq.

     (h) As a condition of eligibility for cash assistance to a family under this chapter, the

parent(s), unless otherwise exempt under this chapter, must enter into an individual employment

plan in accordance with § 40-5.1-9(c). This condition of eligibility shall apply to applications for

assistance filed on or after July 1, 2006 and to current recipients at the time of their next

redetermination of eligibility occurring on or after July 1, 2006.

 

     SECTION 2. This article shall take effect upon passage.

 

ARTICLE 10

 

RELATING TO MEDICAL ASSISTANCE – ELIGIBILITY

 

     SECTION 1. Section 40-8-1 of the General Laws in Chapter 40-8 entitled "Medical Assistance"

 is hereby amended to read as follows:

 

     40-8-1. Declaration of policy.--- (a) Whereas, in the state of Rhode Island there are

many persons who do not have sufficient income and resources to meet the cost of medical care

and who, except for income and resource requirements, would be eligible for aid or assistance

under § 40-5.1-9 or 40-6-27; and

     (b) Whereas, it is in the best interest of all the citizens of this state to promote the welfare

of persons with the characteristics of persons eligible to receive public assistance and ensure that

they will receive adequate medical care and treatment in time of need;

     (c) Now, therefore, it is declared to be the policy of this state to provide medical

assistance for those persons in this state who possess the characteristics of persons receiving

public assistance under the provisions of § 40-5.1-9 or 40-6-27, and who do not have the income

and resources to provide it for themselves or who can do so only at great financial sacrifice.

Provided, further, that medical assistance, except as provided in subsection (d), must qualify for

federal financial participation pursuant to the provisions of title XIX of the federal Social Security

Act, 42 U.S.C. § 1396 et seq., as such provisions apply to medically needy only applicants and

recipients.

     (d) Medical assistance shall be provided under this chapter without regard to the

availability of federal financial participation: (1) to a person who does not meet the citizenship or

alienage criteria under title XIX of the Social Security Act [42 U.S.C. § 1396 et seq.] and who

was lawfully residing in the United States before August 22, 1996 and who was a resident of this

state prior to July 1, 1997; and (2) to a non-citizen child who was lawfully admitted for

permanent residence on or after August 22, 1996 or who first become otherwise entitled to reside

in the United States on or after August 22, 1996 and was receiving medical assistance on or

before December 31, 2006; and provided, however, that such person meets all other eligibility

requirements under this chapter or under title XIX of the Social Security Act.

 

     SECTION 2. Sections 42-12.3-4 and 42-12.3-15 of the General Laws in Chapter 42-12.3

entitled “Health Care for Children and Pregnant Women” are hereby amended to read as follows:

 

     42-12.3-4. "RIte track" program. – (a) There is hereby established a payor of last resort

program for comprehensive health care for children until they reach nineteen (19) years of age, to

be known as "RIte track". The department of human services is hereby authorized to amend its

title XIX state plan pursuant to title XIX [42 U.S.C. § 1396 et seq.] of the Social Security Act to

provide for expanded Medicaid coverage through expanded family income disregards for

children, until they reach nineteen (19) years of age, whose family income levels are up to two

hundred fifty percent (250%) of the federal poverty level. provided, however, that health care

coverage under this section shall also be provided without regard to the availability of federal

financial participation to a noncitizen child lawfully residing in the United States and to a

noncitizen child residing in Rhode Island, provided that the child satisfies all other eligibility

requirements and is receiving medical assistance on or before December 31, 2006. The

department is further authorized to promulgate any regulations necessary, and in accord with title

XIX [42 U.S.C. § 1396 et seq.] of the Social Security Act to implement the state plan amendment.

For those children who lack health insurance, and whose family income are in excess of (250%)

of the federal poverty level, the department of human services shall promulgate necessary

regulations to implement the program. The department of human services is further directed to

ascertain and promulgate the scope of services that will be available to those children whose

family income exceeds the maximum family income specified in the approved title XIX [42

U.S.C. § 1396 et seq.] state plan amendment.

     (b) Resources. Except as provided herein, no child shall be eligible for medical assistance

coverage provided under this section if the combined value of the child's or the family's liquid

resources exceeds ten thousand dollars ($10,000); provided, however, that this subsection shall

not apply to children with disabilities who are otherwise eligible for medical assistance coverage

as categorically needy under § 134(a) of the Tax Equity and Fiscal Responsibility Act of 1982

[federal P.L. 97-248], commonly known as Katie Beckett eligible, upon meeting the requirements

established in § 1902(e)(3) of the federal Social Security Act

 

     42-12.3-15. Expansion of RIte track program. – The Department of Human Services is

hereby authorized and directed to submit to the United States Department of Health and Human

Services an amendment to the "RIte Care" waiver project number 11-W-0004/1-01 to provide for

expanded Medicaid coverage for children until they reach eight (8) years of age, whose family

income levels are up to two hundred fifty percent (250%) of the federal poverty level. Expansion

of the RIte track program from the age of six (6) until they reach eighteen (18) years of age in

accordance with this chapter shall be subject to the approval of the amended waiver by the United

States Department of Health and Human Services. Health care coverage under this section shall

also be provided without regard to the availability of federal financial participation: (1) to a non-

citizen child lawfully residing in the United States provided such child satisfies all other

eligibility requirements and is receiving medical assistance on or before December 31, 2006.

 

     SECTION 3. This article shall take effect on May 1, 2008. Any rules or regulations

necessary or advisable to implement the provisions of this article shall be effective immediately

as an emergency rule upon the department's filing thereof with the secretary of state as it is

hereby found that the current fiscal crisis in this state has caused an imminent peril to public

health, safety and welfare, and the department is hereby exempted from the requirements of

sections 42-35-3(b) and 42-35-4(b)(2) relating to agency findings of imminent peril to public

health, safety and welfare and the filing of statements of the agency's reasons thereof.

 

ARTICLE 11

 

RELATING TO ATOMIC ENERGY COMMISSION

 

     SECTION 1. Section 42-27-6 of the General Laws in Chapter 42-27 entitled “Atomic

Energy Commission” is hereby amended to read as follows:

 

     42-27-6. Reactor usage charges. - All fees collected by the atomic energy commission

for use of the reactor facilities shall be deposited as general revenues. A charge of up to forty

percent (40%), adjusted annually as of July 1, shall be assessed against all University of Rhode Island

(URI) sponsored research activity allocations. The charge shall be applied to the existing URI

sponsored research expenditures within the atomic energy commission.

 

     SECTION 2. This article shall take effect as of July 1, 2007.

 

ARTICLE 12

 

RELATING TO THE RHODE ISLAND TRAINING SCHOOL

 

     SECTION 1. Section 8-10-18 of the General Laws in Chapter 8-10 entitled "Family

Court" is hereby repealed in its entirety.

 

     8-10-18. Youth correctional center. -- There shall be a facility within the department of

corrections to be known as the youth correctional center, to which the family court may commit

any juvenile whose behavior problem is such that the court shall deem it inexpedient to place him

or her with his or her parent, or in the training school for youth, or with any other agency.

 

     SECTION 2. Section 14-1-36.1 of the General Laws in Chapter 14-1 entitled

"Proceedings in Family Court" is hereby amended to read as follows:

 

     14-1-36.1. Release from training school. -- (a) No child sentenced to the training school

for youth, after being found delinquent or wayward, shall be released prior to the end of his or her

sentence unless authorized by a justice of the family court, after a hearing with due notice to the

parties to the petition upon which the child was sentenced. At any such hearing, the family court

shall authorize the release of the child to his or her home and/or to the care and custody of the

department of children, youth and families unless the court finds that the child:

     (1) Poses a substantial risk of harm to self; or

     (2) Poses a substantial risk of harm to others; or

     (3) Has demonstrated that he or she may leave the jurisdiction of the court.

     Provided, however, any child who has been certified and adjudicated pursuant to sections

14-1-7.2 and 14-1-7.3, may not be released prior to the end of his or her sentence, except as

authorized under section 14-1-42 of this chapter.

      (b) A child so sentenced may be allowed as part of a rehabilitation program to be placed

temporarily in a community program outside of the training school only when authorized by the

family court.

 

     SECTION 3. Chapter 42-72 of the General Laws entitled “Department of Children,

Youth and Families” is hereby amended by adding thereto the following section:

 

        42-72-17.2.  Limits to Population at the Youth Development Center and the Youth

Assessment Center. --(a) The Rhode Island training school shall consist of a youth development

center, a youth assessment center and a female correctional treatment facility. The youth

development center and the youth assessment center shall not exceed a maximum daily capacity

of one hundred forty-eight (148) detained and/or adjudicated males. The female correctional

treatment facility shall not exceed a maximum daily capacity of twelve (12) detained and/or

adjudicated females.

     (b) The director of the department of children, youth and families shall notify the chief

judge of the family court whenever the census of the detained and/or adjudicated male youth or of

the detained and/or adjudicated female youth approaches ninety-five percent (95%) of maximum

population capacity. The training school superintendent or his or her designee shall thereupon

refer to the family court, for consideration for release from the training school, those youth who

do not pose a credible risk of harm to self or others or for whom there is no substantial risk that

the youth may leave the jurisdiction of the state.

     (c) Following a hearing, the family court shall authorize the release of such youth from

the training school, unless the court finds that the child:

     (1) Poses a substantial risk of harm to self; or

     (2) Poses a substantial risk of harm to others; or

     (3) Has demonstrated that he or she may leave the jurisdiction of the court.

     Provided, however, any child who has been certified and adjudicated pursuant to sections

14-1-7.2 and 14-1-7.3, may not be released prior to the end of his or her sentence, except as

authorized under section 14-1-42 of this chapter.

 

      SECTION 4. This article shall take effect upon passage.

 

ARTICLE 13

 

RELATING TO HEALTH CARE COVERAGE FOR CHILD CARE PROVIDERS

 

     SECTION 1. Sections 40-6.2-4 and 40-6.2-5 of the General Laws in Chapter 40-6.2

entitled “Child Care - State Subsidies” are hereby repealed.

 

     40-6.2-4.  Health care coverage for family day care providers. –(a) The department of

human services is authorized and directed to provide health care through its RIte Care or RIte

Share programs to family day care providers who provide child care services paid for by the

department and who meet the eligibility requirements of this section.

     (b) A family day care provider shall be eligible if:

     (1) The provider is certified as a family day care provider by the department of children,

youth, and families pursuant to chapter 72.1 of title 42, and has applied for and has been found

ineligible for the federally assisted RIte Care or RIte Share programs; and

     (2) The provider has rendered a minimum of seven thousand eight hundred dollars

($7,800) in child care services, payable by the department through any of its child care programs,

during a period of six (6) consecutive months prior to making application to the department for

health care coverage; and

     (3) The provider's total family annualized income does not exceed 350% of the federal

poverty level.

     (c) Upon determination of eligibility by the department, the department shall enroll the

provider and the provider's minor children, who are living with the provider's household, in the

RIte Care or the RIte Share program, as determined by the department, for the following six (6)

months, and the enrolled provider and qualifying children shall be subject to the terms,

conditions, limitations, restrictions, cost-sharing, and dental benefit provisions of the RIte Care or

the RIte Share programs.

 

     40-6.2-5.  Health care coverage for center-based care providers. (a) The department of

human services is authorized and directed to establish a health care premium cost-sharing option

through its RIte Care program for center-based child care providers who provide child care

services paid for in whole or in part by the department of human services or the department of

children, youth, and families, and who meet the eligibility requirements of this section.

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

     (1) The provider is licensed as a child day care provider by the department of children,

youth, and families pursuant to chapter 72.1 of title 42; and

     (2) The provider demonstrates that it meets the minimum subsidized child care

participation rates specified in subsection (c) or (d), for the applicable period; and

     (3) The provider elects to exercise this health care premium cost-sharing coverage option

on behalf of its employees and makes timely payment of the provider's share of the premium.

     (c) Effective January 1, 1999, if the number of children served by the provider who meet

the department's child care assistance income guidelines under § 40-5.1-17 is at least fifty percent

(50%) of the enrollment census of the provider, then the center-based child care provider shall

pay fifty percent (50%) of the monthly premiums attributable to the center's participating

employees.

     (d) Effective July 1, 1999, if the number of children served by the provider who meet the

department's child care assistance income guidelines under § 40-5.1-17 is at least forty percent

(40%) of the enrollment census of the provider, then the center-based child care provider shall

pay fifty percent (50%) of the monthly premiums attributable to the center's participating

employees.

     (e) The department of human services is authorized to promulgate rules and regulations

which it deems necessary to effect the intent and further define the terms and provisions of this

section, and which may include, but need not be limited to, the terms, premiums, conditions,

limitations, and restrictions of the health care buy-in option, and enrollment periods and

procedures.

 

     SECTION 2. This article shall take effect as of July 1, 2008.

 

ARTICLE 14

 

RELATING TO NURSING HOME PROVIDER ASSESSMENT

 

     SECTION 1. Section 44-51-3 of the General Laws in Chapter 44-51 entitled "Nursing

Facility Provider Assessment Act" is hereby amended to read as follows:

     

     44-51-3. Imposition of assessment -- Nursing facilities. -- (a) For purposes of this

section, a "nursing facility" means a person or governmental unit licensed in accordance with

chapter 17 of title 23 to establish, maintain, and operate a nursing facility.

      (b) An assessment is imposed upon the gross patient revenue received by every nursing

facility in each month beginning October 1, 2003 January 1, 2008, at a rate of six percent (6%)

five and one-half percent (5.5%) for services provided on or after October 1, 2003 January 1,

2008. Every provider shall pay the monthly assessment no later than the twenty-fifth (25th) day

of each month following the month of receipt of gross patient revenue.

      (c) The assessment imposed by this section shall be repealed on the effective date of the

repeal or a restricted amendment of those provisions of the Medicaid Voluntary Contribution and

Provider-Specific Tax Amendments of 1991 (P.L. 102-234) that permit federal financial

participation to match state funds generated by taxes.

     (d) If, after applying the applicable federal law and/or rules, regulations, or standards

relating to health care providers, the tax administrator determines that the assessment rate

established in subsection (b) of this section exceeds the maximum rate of assessment that federal

law will allow without reduction in federal financial participation, then the tax administrator is

directed to reduce the assessment to a rate equal to the maximum rate which the federal law will

allow without reduction in federal participation. Provided, however, that the authority of the tax

administrator to lower the assessment rate established in subsection (b) of this section shall be

limited solely to such determination.

     (e) In order that the tax administrator may properly carry out his/her responsibilities

under this section, the director of the department of human services shall notify the tax

administrator of any damages in federal law and/or any rules, regulations, or standards which

affect any rates for health care provider assessments.

 

     SECTION 2. This act shall take effect as of January 1, 2008.

 

 

ARTICLE 15

 

RELATING TO INSURANCE - CONSUMER REPRESENTATION

AT RATE HEARINGS

 

     SECTION 1. Section 27-36-2 of the General Laws in Chapter 27-36 entitled "Consumer

Representation at Rate Hearings" is hereby amended to read as follows:

 

     27-36-2. Annual assessments of insurance companies. -- (a) The insurance

commissioner director of the department of business regulation shall make an annual assessment

against each insurance company, those corporations and other entities subject to chapters 19, 20,

20.1, and 20.2 of this title and chapter 62 of title 42, hereafter referred to as a “company”, for

payment of all reasonable expenditures incurred by the attorney general in representation at

insurance rate hearings for matters involving insurance regulation. The assessments shall be in

amounts annually determined and certified by the attorney general to the insurance commissioner

director of the department of business regulation as sufficient reimbursement for the general

expenditures of the attorney general to fulfill the attorney general’s obligations under this chapter.

The general expenditures and shall be proportionately assessed by the insurance commissioner

director of the department of business regulation against each company. In addition, actual

reasonable costs for experts, such as but not limited to actuaries and economists, and other

specific costs incurred by the attorney general related to insurance rate hearings, whether or not a

public hearing has been held or the rate review has proceeded through a final decision by the

department of business regulation or office of the health insurance commissioner, shall be billed

directly by the attorney general to the company that initiated the filing.

     (b) A company may meet its obligations under this section by directly reimbursing the

attorney general and by notifying the commissioner of the amount of the payment. The company

billed for such specific costs shall make payment to the attorney general by forwarding a check,

payable to the service provider, to the chief of the Insurance Advocacy Unit of the attorney

general's office within sixty (60) days of the date invoiced.

     (c) Assessments made pursuant to this section may be credited to the normal operating

costs of each company and shall be deposited as general revenue.

 

     SECTION 2. This article shall take effect as of January 17, 2008.

 

ARTICLE 16

 

RELATING TO PROCEEDINGS IN FAMILY COURT

 

     SECTION 1.   Section 14-1-6 of the General Laws in Chapter 14-1 entitled “Proceedings

in Family Court” is hereby amended as follows:

 

     14-1-6. Retention of jurisdiction. – (a) When the court shall have obtained jurisdiction

over any child prior to the child having attained the age of eighteen (18) years by the filing of a

petition alleging that the child is wayward or delinquent pursuant to § 14-1-5, the child shall,

except as specifically provided in this chapter, continue under the jurisdiction of the court until he

or she becomes nineteen (19) years of age, unless discharged prior to turning nineteen (19). When

the court shall have obtained jurisdiction over any child prior to the child's eighteenth birthday by

the filing of a petition alleging that the child is dependent, neglected and abused pursuant to §§

14-1-5 and 40-11-7, including any child under the jurisdiction of the family court on petitions

filed and/or pending before the court prior to July 1, 2007, the child shall, except as specifically

provided in this chapter, continue under the jurisdiction of the court until he or she becomes

eighteen (18) years of age; provided, that prior to an order of discharge or emancipation being

entered, a child turning eighteen (18) years of age, the court shall require the department of

children, youth, and families to provide a description of the transition services afforded the child

in placement or a detailed explanation as to the reason those services were not offered; provided

further, that any youth who comes within the jurisdiction of the court by the filing of a wayward

or delinquent petition based upon an offense which was committed prior to July 1, 2007,

including youth who are adjudicated and committed to the Rhode Island Training School and who

are placed in a temporary community placement as authorized by the family court, may continue

under the jurisdiction of the court until he or she turns twenty one (21) years of age.

     (b) In any case where the court shall not have acquired jurisdiction over any person prior

to the person's eighteenth birthday by the filing of a petition alleging that the person had

committed an offense, but a petition alleging that the person had committed an offense which

would be punishable as a felony if committed by an adult has been filed before that person attains

the age of nineteen (19) years of age, that person shall, except as specifically provided in this

chapter, be subject to the jurisdiction of the court until he or she becomes nineteen (19) years of

age, unless discharged prior to turning nineteen (19).

     (c) In any case where the court shall not have acquired jurisdiction over any person prior

to the person attaining the age of nineteen (19) years by the filing of a petition alleging that the

person had committed an offense prior to the person attaining the age of eighteen (18) years

which would be punishable as a felony if committed by an adult, that person shall be referred to

the court which would have had jurisdiction over the offense if it had been committed by an adult.

The court shall have jurisdiction to try that person for the offense committed prior to the person

attaining the age of eighteen (18) years and, upon conviction, may impose a sentence not

exceeding the maximum penalty provided for the conviction of that offense.

     (d) In any case where the court has certified and adjudicated a child in accordance with

the provisions of §§ 14-1-7.2 and 14-1-7.3, the jurisdiction of the court shall encompass the

power and authority to sentence the child to a period in excess of the age of nineteen (19) years.

However, in no case shall the sentence be in excess of the maximum penalty provided by statute

for the conviction of the offense.

     (e) Nothing in this section shall be construed to affect the jurisdiction of other courts over

offenses committed by any person after he or she reaches the age of eighteen (18) years.

 

     SECTION 2. Section 42-72-5 of the General Laws in Chapter 42-72 entitled

“Department of Children, Youth and Families” is hereby amended as follows:

 

     42-72-5. Powers and scope of activities. – (a) The department is the principal agency of

the state to mobilize the human, physical and financial resources available to plan, develop, and

evaluate a comprehensive and integrated statewide program of services designed to ensure the

opportunity for children to reach their full potential. The services include prevention, early

intervention, out-reach, placement, care and treatment, and after-care programs; provided,

however, that the department notifies the state police and cooperates with local police

departments when it receives and/or investigates a complaint of sexual assault on a minor and

concludes that probable cause exists to support the allegations(s). The department also serves as

an advocate for the needs of children.

     (b) To accomplish the purposes and duties, as set forth in this chapter, the director is

authorized and empowered:

     (1) To establish those administrative and operational divisions of the department that the

director determines is in the best interests of fulfilling the purposes and duties of this chapter;

     (2) To assign different tasks to staff members that the director determines best suit the

purposes of this chapter;

     (3) To establish plans and facilities for emergency treatment, relocation and physical

custody of abused or neglected children which may include, but are not limited to,

homemaker/educator child case aides, specialized foster family programs, day care facilities,

crisis teams, emergency parents, group homes for teenage parents, family centers within existing

community agencies, and counseling services;

     (4) To establish, monitor, and evaluate protective services for children including, but not

limited to, purchase of services from private agencies and establishment of a policy and

procedure manual to standardize protective services;

     (5) To plan and initiate primary and secondary treatment programs for abused and

neglected children;

     (6) To evaluate the services of the department and to conduct periodic comprehensive

needs assessment;

     (7) To license, approve, monitor, and evaluate all residential and non-residential child

care institutions, group homes, foster homes, and programs;

     (8) To recruit and coordinate community resources, public and private;

     (9) To promulgate rules and regulations concerning the confidentiality, disclosure and

expungement of case records pertaining to matters under the jurisdiction of the department;

     (10) To establish a minimum mandatory level of twenty (20) hours of training per year

and provide ongoing staff development for all staff; provided, however, all social workers hired

after June 15, 1991, within the department shall have a minimum of a bachelor's degree in social

work or a closely related field, and must be appointed from a valid civil service list;

     (11) To establish procedures for reporting suspected child abuse and neglect pursuant to

chapter 11 of title 40;

     (12) To promulgate all rules and regulations necessary for the execution of departmental

powers pursuant to the Administrative Procedures Act, chapter 35 of title 42;

     (13) To provide and act as a clearinghouse for information, data and other materials

relative to children;

     (14) To initiate and carry out studies and analysis which will aid in solving local, regional

and statewide problems concerning children;

     (15) To represent and act on behalf of the state in connection with federal grant programs

applicable to programs for children in the functional areas described in this chapter;

     (16) To seek, accept, and otherwise take advantage of all federal aid available to the

department, and to assist other agencies of the state, local agencies, and community groups in

taking advantage of all federal grants and subventions available for children;

     (17) To review and coordinate those activities of agencies of the state and of any political

subdivision of the state which affect the full and fair utilization of community resources for

programs for children, and initiate programs that will help assure utilization;

     (18) To administer the pilot juvenile restitution program, including the overseeing and

coordinating of all local community based restitution programs, and the establishment of

procedures for the processing of payments to children performing community service; and

     (19) To adopt rules and regulations which:

     (i) For the twelve (12) month period beginning on October 1, 1983, and for each

subsequent twelve (12) month period, establish specific goals as to the maximum number of

children who will remain in foster care for a period in excess of two (2) years; and

     (ii) Are reasonably necessary to implement the child welfare services and foster care

programs;

     (20) May establish and conduct seminars for the purpose of educating children regarding

sexual abuse;

     (21) To establish fee schedules by regulations for the processing of requests from

adoption placement agencies for adoption studies, adoption study updates, and supervision related

to interstate and international adoptions. The fee shall equal the actual cost of the service(s)

rendered, but in no event shall the fee exceed two thousand dollars ($2,000);

     (22) To be responsible for the education of all children who are placed, assigned, or

otherwise accommodated for residence by the department in a state operated or supported

community residence licensed by a Rhode Island state agency. In fulfilling this responsibility the

department is authorized to enroll and pay for the education of students in the public schools or,

when necessary and appropriate, to itself provide education in accordance with the regulations of

the board of regents for elementary and secondary education either directly or through contract;

     (23) To develop multidisciplinary service plans, in conjunction with the department of

health, at hospitals prior to the discharge of any drug-exposed babies. The plan requires the

development of a plan using all health care professionals.

     (24) To be responsible for the delivery of appropriate mental health services to seriously

emotionally disturbed children and children with functional developmental disabilities.

Appropriate mental health services may include hospitalization, placement in a residential

treatment facility, or treatment in a community based setting. The department is charged with the

responsibility for developing the public policy and programs related to the needs of seriously

emotionally disturbed children and children with functional developmental disabilities. In

fulfilling its responsibilities the department shall:

     (i) Plan a diversified and comprehensive network of programs and services to meet the

needs of seriously emotionally disturbed children and children with functional developmental

disabilities;

     (ii) Provide the overall management and supervision of the state program for seriously

emotionally disturbed children and children with functional developmental disabilities;

     (iii) Promote the development of programs for preventing and controlling emotional or

behavioral disorders in children;

     (iv) Coordinate the efforts of several state departments and agencies to meet the needs of

seriously emotionally disturbed children and children with functional developmental disabilities

and to work with private agencies serving those children;

     (v) Promote the development of new resources for program implementation in providing

services to seriously emotionally disturbed children and children with functional developmental

disabilities.

     The department shall adopt rules and regulations, which are reasonably necessary to

implement a program of mental health services for seriously emotionally disturbed children.

     Each community, as defined in chapter 7 of title 16, shall contribute to the department, at

least in accordance with rules and regulations to be adopted by the department, at least its average

per pupil cost for special education for the year in which placement commences, as its share of

the cost of educational services furnished to a seriously emotionally disturbed child pursuant to

this section in a residential treatment program which includes the delivery of educational services.

     "Seriously emotionally disturbed child" means any person under the age of eighteen (18)

years or any person under the age of twenty-one (21) years who began to receive services from

the department prior to attaining eighteen (18) years of age and has continuously received those

services thereafter who has been diagnosed as having an emotional, behavioral or mental disorder

under the current edition of the Diagnostic and Statistical Manual and that disability has been on-

going for one year or more or has the potential of being ongoing for one year or more, and the

child is in need of multi-agency intervention, and the child is in an out-of-home placement or is at

risk of placement because of the disability.

     A child with a “functional developmental disability” means any person under the age of

eighteen (18) years or any person under the age of twenty-one (21) years who began to receive

services from the department prior to attaining eighteen (18) years of age and has continuously

received those services thereafter. 

     The term “functional developmental disability” includes autism spectrum disorders and

means a severe, chronic disability of a person which:

     (a)  Is attributable to a mental or physical impairment or combination of mental physical

impairments;

     (b)  Is manifested before the person attains age eighteen (18);

     (c)Is likely to continue indefinitely;

     (d) Results in age- appropriate substantial functional limitations in three (3) or more of

the following areas of major life activity.

     (i) Self-care;

     (ii) Receptive and expressive language;

     (iii) Learning;

     (iv) Mobility;

     (v) Self-direction;

     (vi) Capacity for Independent Living; and

     (vii) Economic self-sufficiency; and

     (e) Reflects the person’s need for a combination and sequence of special,

interdisciplinary, or generic care, treatment, or other services which are of life-long or extended

duration and are individually planned and coordinated. 

     Funding for these clients shall include funds that are transferred to the Department of

Human Services as part of the Managed Health Care program transfer. However, the expenditures

relating to these clients shall not be part of the Department of Human Services' caseload

estimated for the semi-annual Caseload Estimating Conference. The expenditures shall be

accounted for separately.

     (25) To provide access to services to any person under the age of eighteen (18) years or

any person under the age of twenty-one (21) years who began to receive child welfare services

from the department prior to attaining eighteen (18) years of age, has continuously received those

services thereafter and elects to continue to receive such services after attaining the age of

eighteen (18) years. The assembly has included funding in the FY 2008 Department of Children,

Youth and Families budget in the amount of $10.5 million from all sources of funds and $6.0

million from general revenues to provide a managed system to care for children serviced between

18 to 21 years of age. The department shall manage this caseload to this level of funding.

     (26) To develop and maintain, in collaboration with other state and private agencies, a

comprehensive continuum of care in this state for children in the care and custody of the

department or at risk of being in state care. This continuum of care should be family-centered and

community-based with the focus of maintaining children safely within their families or, when a

child cannot live at home, within as close proximity to home as possible based on the needs of the

child and resource availability. The continuum should include community-based prevention,

family support and crisis intervention services as well as a full array of foster care and residential

services, including residential services designed to meet the needs of children who are seriously

emotionally disturbed, children who have a functional developmental disability and youth who

have juvenile justice issues. The director shall make reasonable efforts to provide a

comprehensive continuum of care for children in the care and custody of the DCYF, taking into

account the availability of public and private resources and financial appropriations and the

director shall submit an annual report to the general assembly as to the status of his or her efforts

in accordance with the provisions of subsection 42-72-4(b)(13).

     (c) In order to assist in the discharge of his or her duties, the director may request from

any agency of the state information pertinent to the affairs and problems of children.

     (d)  Funding for these clients shall include funds that are transferred to the Department of

Human Services as part of the Managed Health Care program transfer. However, the expenditures

relating to these clients shall not be part of the Department of Human Services' Caseload

estimated for the semi-annual Caseload Estimating Conference. The expenditures shall be

accounted for separately.

     (e) The assembly has included funding in the FY 2008 Department of Children, Youth

and Families budget in the amount of $10.5 million from all sources of funds and $6.0 million

from general revenues to provide a managed system to care for children serviced between 18 to

21 years of age. The department shall manage this caseload to this level of funding.

     (27) To administer funds under the John H. Chafee Foster Care Independence and

Educational And Training Voucher (ETV) Programs of Title IV-E of the Social Security Act, and

the DCYF Higher Education Opportunity Grant Program as outlined in RIGL §42-72.8, in

accordance with rules and regulations as promulgated by the director of the department.

 

     SECTION 3. This article shall take effect upon passage.

 

ARTICLE 17

 

RELATING TO STATE AID

 

     SECTION 1. Sections 45-13-1 and 45-13-9 of the General Laws in Chapter 45-13

entitled “State Aid” are hereby amended to read as follows:

 

     45-13-1. Apportionment of annual appropriation for state aid. – (a) As used in this

chapter, the following words and terms have the following meanings:

        (1) "Population" means the most recent estimates of population for each city and town

as reported by the United States department of commerce, bureau of the census.

     (2) "Income" means the most recent estimate of per-capita income for a city, town or

county as reported by the United States department of commerce, bureau of the census.

     (3) "Tax effort" means the total taxes imposed by a city or town for public purposes or

the totals of those taxes for the cities or towns within a county (except employee and employer

assessments and contributions to finance retirement and social insurance systems and other

special assessments for capital outlay) determined by the United States secretary of commerce for

general statistical purposes and adjusted to exclude amounts properly allocated to education

expenses.

     (4) "Reference year" means the second fiscal year preceding the beginning of the fiscal

year in which the distribution of state aid to cities and towns is made provided however that the

reference year for distributions made in fiscal year 2007-2008 shall be the third fiscal year

preceding the beginning of the fiscal year 2007-2008.

     (b) Aid to cities and towns shall be apportioned as follows: For each county, city or town,

let R be the tax effort divided by the square of per capita income, i.e., R = (tax effort)/(income x

income).

     The amount to be allocated to the counties shall be apportioned in the ratio of the value of

R for each county divided by the sum of the values of R for all five (5) counties.

     The amount to be allocated for all cities and for all towns within a county shall be the

allocation for that county apportioned proportionally to the total tax effort of the towns and cities

in that county.

     The amount to be allocated to any city or town is the amount allocated to all cities or all

towns within the county apportioned in the ratio of the value of R for that city (or town) divided

by the sum of the values of R for all cities (or all towns) in that county; provided, further, that no

city or town shall receive an entitlement in excess of one hundred forty-five percent (145%) of

that city or town's population multiplied by the average per capita statewide amount of the annual

appropriation for state aid to cities and towns. Any excess entitlement shall be allocated to the

remainder of the cities and towns in the respective county in accordance with the provisions of

this section.

     For fiscal year 2004, notwithstanding the provisions of subsection (a), aid calculations

shall be based on a blended rate of ninety percent (90%) of the data from the 1990 census and ten

percent (10%) of the data from the 2000 census. In each of the succeeding nine (9) fiscal years,

the calculations shall be based on a blended rate that increases the percentage of data utilized

from the 2000 census by ten percent (10%) from the previous year and decreases the percentage

of the data utilized from the 1990 census by ten percent (10%) from the previous year.

     (c) The total amount of aid to be apportioned pursuant to subsection (b) above shall be

specified in the annual appropriation act of the state and shall be equal to the following:

     (1) For fiscal years ending June 30, 1994 through June 30, 1998, the total amount of aid

shall be based upon one percent (1%) of total state tax revenues in the reference year.

     (2) For the fiscal year ending June 30, 1999, the total amount of aid shall be based upon

one and three-tenths percent (1.3%) of total state tax revenues in the reference year.

     (3) For the fiscal year ending June 30, 2000, the total amount of aid shall be based upon

one and seven-tenths percent (1.7%) of total state tax revenues in the reference year.

     (4) For the fiscal year ending June 30, 2001, the total amount of aid shall be based upon

two percent (2.0%) of total state tax revenues in the reference year.

     (5) For the fiscal year ending June 30, 2002, the total amount of aid shall be based upon

two and four-tenths percent (2.4%) of total state tax revenues in the reference year.

     (6) For the fiscal year ending June 30, 2003, the total amount of aid shall be based upon

two and four-tenths percent (2.4%) of total state tax revenues in the reference year.

     (7) For the fiscal year ending June 30, 2004, the total amount of aid shall be based upon

two and seven-tenths percent (2.7%) of total state tax revenues in the reference year.

     (8) For the fiscal year ending June 30, 2005, the total amount of aid shall be fifty-two

million four hundred thirty-eight thousand five hundred thirty-two dollars ($52,438,532).

     (9) For the fiscal year ending June 30, 2006, the total amount of aid shall be based upon

three percent (3.0%) of total state tax revenues in the reference year.

     (10) For the fiscal year ending June 30, 2007 the total amount of aid shall be sixty-four

million six hundred ninety-nine thousand three dollars ($64,699,003).

     (11) For the fiscal year ending June 30, 2008, the total amount of aid shall be sixty-four

million six hundred ninety-nine thousand three dollars ($64,699,003).

     (12) For the fiscal year ending June 30, 2009 and each year thereafter, the total amount of

aid shall be based upon three percent (3.0%) of total state tax revenues in the reference year.

     (13) [Deleted by P.L. 2007, ch. 73, art. 25, § 1.]

     (14) [Deleted by P.L. 2007, ch. 73, art. 25, § 1.]

     (d) The assent of two-thirds (2/3) of the members elected to each house of the general

assembly shall be required to repeal or amend this section.

     (e) For the fiscal year ending June 30, 2008 the apportionments of state aid as derived

through the calculations as required by subsections (a) through (c) of this section shall be adjusted

downward statewide by ($10,000,000).

 

     45-13-9. Reimbursement to cities and towns and school districts for the costs of state

mandates. – (a)(1) The department of administration revenue shall submit to the budget office by

October 1 of each year, a report by each city and town, of the cost of state mandates established

after January 1, 1979, to be reimbursed for the next preceding July 1 – June 30 period.

     (2) The budget office shall annually include the statewide total of the statement of costs

of state mandates eligible to be reimbursed in the state budget for the next fiscal year for

consideration by the governor in preparing a final budget proposal for submission to the general

assembly in accordance with §35-3-7 of the General Laws; provided, that any costs resulting

from the rules and regulations of state departments or agencies shall be allocated to the budgets of

those departments or agencies.

     (b) The state treasurer shall in July of each year distribute to cities and towns the

reimbursements for state mandated costs in accordance with the report submitted by the

department of administration to the state budget office. as may be appropriated by the general

assembly.

 

     SECTION 2. Section 44-34.1-2 of the General Laws in Chapter 44-34.1 entitled “Motor

Vehicle and Trailer Excise Tax Elimination Act of 1998” is hereby amended as follows:

 

     44-34.1-2. City and town and fire district reimbursement. – (a) In fiscal years 2000

and thereafter, cities and towns and fire districts shall receive reimbursements, as set forth in this

section, from state general revenues equal to the amount of lost tax revenue due to the phase out

or reduction of the excise tax. Cities and towns and fire districts shall receive advance

reimbursements through state fiscal year 2002. In the event the tax is phased out, cities and towns

and fire districts shall receive a permanent distribution of sales tax revenue pursuant to § 44-18-

18 in an amount equal to any lost revenue resulting from the excise tax elimination. Lost revenues

must be determined using a base tax rate fixed at fiscal year 1998 levels for each city, town, and

fire district, except that the Town of Johnston's base tax rate must be fixed at a fiscal year 1999

level.

     (b) The director of administration shall determine the amount of general revenues to be

distributed to each city and town and fire district for the fiscal years 1999 and thereafter so that

every city and town and fire district is held harmless from tax loss resulting from this chapter,

assuming that tax rates are indexed to inflation through fiscal year 2003.

     (2) The director of administration shall index the tax rates for inflation by applying the

annual change in the December Consumer Price Index – All Urban Consumers (CPI-U),

published by the Bureau of Labor Statistics of the United States Department of Labor, to the

indexed tax rate used for the prior fiscal year calculation; provided, that for state reimbursements

in fiscal years 2004 and thereafter, the indexed tax rate shall not be subject to further CPI-U

adjustments. The director shall apply the following principles in determining reimbursements:

     (i) Exemptions granted by cities and towns and fire districts in the fiscal year 1998 must

be applied to assessed values prior to applying the exemptions in § 44-34.1-1(c)(1). Cities and

towns and fire districts will not be reimbursed for these exemptions.

     (ii) City, town, and fire districts shall be reimbursed by the state for revenue losses

attributable to the exemptions provided for in § 44-34.1-1 and the inflation indexing of tax rates

through fiscal 2003. Reimbursement for revenue losses shall be calculated based upon the

difference between the maximum taxable value less personal exemptions and the net assessed

value.

     (iii) Inflation reimbursements shall be the difference between:

     (A) The levy calculated at the tax rate used by each city and town and fire district for

fiscal year 1998 after adjustments for personal exemptions but prior to adjustments for

exemptions contained in § 44-34.1-1(c)(1); provided, that for the town of Johnston the tax rate

used for fiscal year 1999 must be used for the calculation; and

     (B) The levy calculated by applying the appropriate cumulative inflation adjustment

through state fiscal 2003 to the tax rate used by each city and town and fire district for fiscal year

1998; provided, that for the town of Johnston the tax rate used for fiscal year 1999 shall be used

for the calculation after adjustments for personal exemptions but prior to adjustments for

exemptions contained in § 44-34.1-1.

     (c) Funds shall be distributed to the cities and towns and fire districts as follows:

     (i) On October 20, 1998, and each October 20 thereafter through October 20, 2001,

twenty-five percent (25%) of the amount calculated by the director of administration to be the

difference for the upcoming fiscal year.

     (ii) On February 20, 1999, and each February 20 thereafter through February 20, 2002,

twenty-five percent (25%) of the amount calculated by the director of administration to be the

difference for the upcoming fiscal year.

     (iii) On June 20, 1999, and each June 20 thereafter through June 20, 2002, fifty percent

(50%) of the amount calculated by the director of administration to be the difference for the

upcoming fiscal year.

     (iv) On August 1, 2002, and each August 1 thereafter, twenty-five percent (25%) of the

amount calculated by the director of administration to be the difference for the current fiscal year.

     (v) On November 1, 2002, and each November 1 thereafter, twenty-five percent (25%) of

the amount calculated by the director of administration to be the difference for the current fiscal

year.

     (vi) On February 1, 2003, and each February 1 thereafter, twenty-five percent (25%) of

the amount calculated by the director of administration to be the difference for the current fiscal

year.

     (vii) On May 1, 2003, and each May 1 thereafter, twenty-five percent (25%) of the

amount calculated by the director of administration to be the difference for the current fiscal year.

     Provided, however, the February and May payments shall be subject to submission of

final certified and reconciled motor vehicle levy information.

     (2) Each city, town, or fire district shall submit final certified and reconciled motor

vehicle levy information by August 30 of each year. Any adjustment to the estimated amounts

paid in the previous fiscal year shall be included or deducted from the payment due November 1.

     (3) On any of the payment dates specified in paragraphs (1)(i) through (vii) of this

subsection, the director is authorized to deduct previously made over-payments or add

supplemental payments as may be required to bring the reimbursements into full compliance with

the requirements of this chapter.

     (4) For the city of East Providence, the payment schedule is twenty-five percent (25%) on

February 20, 1999, and each February 20 thereafter through February 20, 2002, twenty-five

percent (25%) on June 20, 1999, and each June 20 thereafter through June 20, 2002, which

includes final reconciliation of the previous year's payment, and fifty percent (50%) on October

20, 1999, and each October 20 thereafter through October 20, 2002. For local fiscal years 2003

and thereafter, the payment schedule is twenty-five percent (25%) on each November 1, twenty-

five percent (25%) on each February 1, twenty-five percent (25%) on each May 1, which includes

final reconciliation of the previous year's payment, and twenty-five percent (25%) on each

August 1; provided, the May and August payments shall be subject to submission of final

certified and reconciled motor vehicle levy information.

     (5) When the tax is phased out, funds distributed to the cities, towns, and fire districts for

the following fiscal year shall be calculated as the funds distributed in the fiscal year of the phase-

out. Twenty-five percent (25%) of the amounts calculated shall be distributed to the cities and

towns and fire districts on August 1, in the fiscal year of the phase-out, twenty-five percent (25%)

on the following November 1, twenty-five percent (25%) on the following February 1, and

twenty-five percent (25%) on the following May 1. The funds shall be distributed to each city and

town and fire district in the same proportion as distributed in the fiscal year of the phase-out.

     (6) When the tax is phased out to August 1, of the following fiscal year the director of

administration shall calculate to the nearest tenth of one cent ($.001) the number of cents of sales

tax received for the fiscal year ending June 30, of the year following the phase-out equal to the

amount of funds distributed to the cities, towns, and fire districts under this chapter during the

fiscal year following the phase-out and the percent of the total funds distributed in the fiscal year

following the phase-out received by each city, town, and fire district, calculated to the nearest

one-hundredth of one percent (0.01%). The director of the department of administration shall

transmit those calculations to the governor, the speaker of the house, the president of the senate,

the chairperson of the house finance committee, the chairperson of the senate finance committee,

the house fiscal advisor, and the senate fiscal advisor. The number of cents, applied to the sales

taxes received for the prior fiscal year, shall be the basis for determining the amount of sales tax

to be distributed to the cities and towns and fire districts under this chapter for second fiscal year

following the phase-out and each year thereafter. The cities and towns and fire districts shall

receive that amount of sales tax in the proportions calculated by the director of administration as

that received in the fiscal year following the phase-out.

     (7) When the tax is phased out, twenty-five percent (25%) of the funds shall be

distributed to the cities, towns, and fire districts on August 1, of the following fiscal year and

every August 1 thereafter; twenty-five percent (25%) shall be distributed on the following

November 1, and every November 1 thereafter; twenty-five percent (25%) shall be distributed on

the following February 1, and every February 1 thereafter; and twenty-five percent (25%) shall be

distributed on the following May 1, and every May 1 thereafter.

     (8) For the city of East Providence, in the event the tax is phased out, twenty-five percent

(25%) shall be distributed on November 1, of the following fiscal year and every November 1

thereafter, twenty-five percent (25%) shall be distributed on the following February 1, and every

February 1 thereafter; twenty-five percent (25%) shall be distributed on the following May 1, and

every May 1 thereafter; and twenty-five percent (25%) of the funds shall be distributed on the

following August 1, and every August 1 thereafter.

     (9) As provided for in § 44-34-6, the authority of fire districts to tax motor vehicles is

eliminated effective with the year 2000 tax roll and the state reimbursement for fire districts shall

be based on the provisions of § 44-34-6. All references to fire districts in this chapter do not apply

to the year 2001 tax roll and thereafter.

     (10) For reimbursements payable in the year ending June 30, 2008 and thereafter, the

director of administration shall discount the calculated value of the exemption to ninety-eight

percent (98%) in order to establish a collection rate that is comparable to the collection rate

achieved by municipalities in the levy of the motor vehicle excise tax.

 

     SECTION 3. This article shall take affect upon passage.

 

ARTICLE 18

 

RELATING TO ADMINISTRATIVE PROCEDURES

 

     SECTION 1. Section 42-35-3 of the General Laws in Chapter 42-35 entitled

"Administrative Procedures" is hereby amended to read as follows:

 

     42-35-3. Procedures for adoption of rules. -- (a) Prior to the adoption, amendment, or

repeal of any rule the agency shall:

      (1) Give at least thirty (30) days notice of its intended action. The notice shall include a

statement of either the terms or substance of the intended action or a description of the subjects

and issues involved, and of the time when, the place where, and the manner in which interested

persons may present their views thereon. The notice shall be mailed to all persons who have made

timely request of the agency for advance notice of its rule-making proceedings, and published in a

newspaper or newspapers having aggregate general circulation throughout the state; provided,

however, that if the action is limited in its applicability to a particular area, then the publication

may be in a newspaper having general circulation in the area. Notwithstanding the above

requirements, in In lieu of newspaper publication, advance notice of proposed rulemaking by the

department of health may be provided via electronic media on a website maintained by the office

of the secretary of state. Authorization for such electronic notice shall commence on July 1,

2005. and shall expire on June 30, 2010. In lieu of newspaper publication, advance notice of

proposed rulemaking by all other state departments, agencies and authorities may also be

provided via electronic media on a website maintained by the office of secretary of state, and

authorization for such electronic notice shall commence on May 1, 2008. Copies of proposed

rules shall be available at the agency at the time of the notice required by this subsection, and by

mail to any member of the public upon request. The agency shall also prepare a concise summary

of all non-technical amendments being proposed that shall be made available with copies of the

proposed rules themselves.

      (2) Afford all interested persons reasonable opportunity to submit data, views, or

arguments, orally or in writing. In the case of rules, opportunity for oral hearing must be granted

if requested by twenty-five (25) persons, or by a governmental subdivision or agency, or by an

association having not less than twenty-five (25) members. The agency shall consider fully all

written and oral submissions respecting the proposed rule. Upon adoption of a rule, the agency, if

requested to do so by an interested person, either prior to adoption or within thirty (30) days

thereafter, shall issue a concise statement of the principal reasons for and against its adoption,

incorporating therein its reasons for overruling the considerations urged against its adoption.

      (3) Demonstrate the need for the adoption, amendment, or repeal of any rule in the

record of the rulemaking proceeding. The agency shall demonstrate that there is no alternative

approach among the alternatives considered during the rulemaking proceeding which would be as

effective and less burdensome to affected private persons as another regulation. This standard

requires that an agency proposing to adopt any new regulation must identify any other state

regulation which is overlapped or duplicated by the proposed regulation and justify any overlap

or duplication.

      (4) Comply with section 42-35-3.3.

      (5) Ensure that any proposed additions, deletions or other amendments to the rules and

regulations be clearly marked. If an agency proposes adoption of a new rule to supersede an

existing rule, the agency shall make available a summary of all non-technical differences between

the existing and proposed rules. An agency's lawful promulgation of amendments to an existing

rule shall be deemed to supersede and repeal the previous enactments of that rule, provided that

the public notice required under subdivision (a)(1) of this section indicated such an intent.

      (b) If an agency finds that an imminent peril to the public health, safety, or welfare

requires adoption of a rule upon less than thirty (30) days' notice, and states in writing its reasons

for that finding, it may proceed without prior notice or hearing or upon any abbreviated notice

and hearing that it finds practicable, to adopt an emergency rule. The rule so adopted may be

effective for a period of not longer than one hundred twenty (120) days renewable once for a

period not exceeding ninety (90) days, but the adoption of an identical rule under subdivisions

(a)(1) and (a)(2) is not precluded.

      (c) No rule hereafter adopted is valid unless adopted in substantial compliance with this

section, but no contest of any rule on its face on the ground of noncompliance with the procedural

requirements of this section may be commenced after two (2) years from its effective date, but a

contest of any rule as applied to the complainant may proceed if the complainant can demonstrate

prejudice as a result of the agency's noncompliance with this section.

 

     SECTION 2. Section 45-6-1 of the General Laws in Chapter 45-6 entitled "Ordinances"

is hereby amended to read as follows:

 

     45-6-1. Scope of ordinances permissible. -- (a) Town and city councils may, from time

to time, make and ordain all ordinances and regulations for their respective towns and cities, not

repugnant to law, which they deem necessary for the safety of their inhabitants from fire,

firearms, and fireworks; to prevent persons standing on any footwalk, sidewalk, doorstep, or in

any doorway, or riding, driving, fastening, or leaving any horse or other animal or any carriage,

team, or other vehicle on any footwalk, sidewalk, doorstep, or doorway within the town or city, to

the obstruction, hindrance, delay, disturbance, or annoyance of passersby or of persons residing

or doing business in this vicinity; to regulate the putting up and maintenance of telegraph and

other wires and their appurtenances; to prevent the indecent exposure of any one bathing in any of

the waters within their respective towns and cities; against breakers of the Sabbath; against

habitual drunkenness; respecting the purchase and sale of merchandise or commodities within

their respective towns and cities; to protect burial grounds and the graves in these burial grounds

from trespassers; and, generally, all other ordinances, regulations and bylaws for the well

ordering, managing, and directing of the prudential affairs and police of their respective towns

and cities, not repugnant to the constitution and laws of this state, or of the United States.

      (b) Town and city councils shall furnish to their senators and representatives, upon

request and at no charge, copies and updates of all ordinances and regulations.

     (c) In lieu of newspaper publication, advance notice of proposed adoption, amendment,

or repeal of any ordinance or regulation by a municipality may be provided via electronic media

on a website maintained by the office of the secretary of state.

 

     SECTION 3. This article shall take effect as of May 1, 2008.

 

ARTICLE 19

 

RELATING TO BRIDGE USE FINES

 

     SECTION 1. Chapter 31-25 of the General Laws entitled "Size, Weight, and Load

Limits" is hereby amended by adding thereto the following section:

 

     31-25-30. Axle restriction on the Pawtucket River Bridge and the Sakonnet River

Bridge. – (a) It shall be unlawful to transport or operate over or upon the Pawtucket River Bridge

or the Sakonnet River Bridge any vehicle equipped with more than two (2) axles except those

listed in this section.

     (b) The director of the department of transportation is directed to post signs to limit

access as prescribed in subsection (a) of this section.

     (c) The following vehicles shall be exempt from the provisions of this section: any and all

emergency vehicles, state vehicles, municipal vehicles, and Rhode Island public transit authority

vehicles.

     (d) For the purposes of this section, "carrier" means and includes any company or person

who furthers their commercial or private enterprise by use of the vehicle.

     (e) Any carrier operating a vehicle or combination of vehicles in violation of this section

shall be fined three thousand dollars ($3,000) for the first offense, not to exceed five thousand

dollars ($5,000) for each and every subsequent offense.

     (f) Nothing in this provision shall waive or modify existing weight restrictions on the

bridges as defined in section 31-25-27.

 

     SECTION 2. Section 31-41.1-4 of the General Laws in Chapter 31-41.1 entitled

"Adjudication of Traffic Offenses" is hereby amended to read as follows:

 

     31-41.1-4. Schedule of violations. -- (a) The penalties for violations of the enumerated

sections, listed in numerical order, correspond to the fines described. However, those offenses for

which punishments which may vary according to the severity of the offense, or punishment which

require the violator to perform a service, shall be heard and decided by the traffic tribunal or

municipal court. The following violations may be handled administratively through the method

prescribed in this chapter. This list is not exclusive and jurisdiction may be conferred on the

traffic tribunal with regard to other violations.

 

VIOLATIONS SCHEDULE

 

     8-8.2-2 DOT, DEM, or other agency and $75.00

                department violations

     24-10-17 Soliciting rides in motor vehicles 40.00

     24-10-18 Backing up prohibited 75.00

     24-10-20 Park and ride lots 75.00

     24-12-37 Nonpayment of toll 100.00

     31-3-12 Visibility of plates 75.00

     31-3-18 Display of plates 75.00

     31-3-32 Driving with expired registration 75.00

     31-3-34 Failure to notify division of change of address 75.00

     31-3-35 Notice of change of name 75.00

     31-3-40 Temporary plates - dealer issued 75.00

     31-4-3 Temporary registration - twenty

               (20) day bill of sale 75.00

     31-10-10 Rules as to armed forces license 75.00

     31-10-30 Driving on expired license 75.00

     31-10-32 Notice of change of address 75.00

     31-10.1-4 No motorcycle helmet (operator) 60.00

     31-10.1-5 Motorcycle handlebar violation 75.00

     31-10.1-6 No motorcycle helmet (passenger) 75.00

     31-10.1-7 Inspection of motorcycle required 75.00

     31-12-12 Local motor vehicle ordinance 75.00

     31-13-04 Obedience to devices 75.00

     31-13-6(3)(i) Eluding traffic light 75.00

     31-13-09 Flashing signals 75.00

     31-13-11 Injury to signs or devices 75.00

     31-14-1 Reasonable and prudent speed 85.00

     31-14-03 Condition requiring reduced speed 85.00

     31-14-09 Below minimum speed 85.00

     31-14-12 Speed limit on bridges and structures 85.00

     31-15-1 Leaving lane of travel 75.00

     31-15-2 Slow traffic to right 75.00

     31-15-3 Operator left of center 75.00

     31-15-4 Overtaking on left 75.00

     31-15-5(a) Overtaking on right 75.00

     31-15-6 Clearance for overtaking 75.00

     31-15-7 Places where overtaking prohibited 75.00

     31-15-8 No passing zone 75.00

     31-15-9 One way highways 75.00

     31-15-10 Rotary traffic islands 75.00

     31-15-11 Laned roadway violation 75.00

     31-15-12 Following too closely 75.00

     31-15-12.1 Entering intersection 75.00

     31-15-13 Crossing center section of divided

                   highway 75.00

     31-15-14 Entering or leaving limited access

                   roadways 75.00

     31-15-16 Use of emergency break-down lane

                   for travel 75.00

     13-15-17 Crossing bicycle lane 75.00

     31-16-1 Care in starting from stop 75.00

     31-16-2 Manner of turning at intersection 75.00

     31-16-4 U turn where prohibited 75.00

     31-16-5 Turn signal required 75.00

     31-16-6 Time of signaling turn 75.00

     31-16-7 Failure to give stop signal 75.00

     31-16-8 Method of giving signals 75.00

     31-16.1-3 Diesel vehicle idling rules

                    first offense not to exceed 100.00

                    second and subsequent offense not

                    to exceed 500.00

     31-17-1 Failure to yield right of way 75.00

     31-17-2 Vehicle turning left 75.00

     31-17-3 Yield right of way (intersection) 75.00

     31-17-4 Obedience to stop signs 75.00

     31-17-5 Entering from private road or driveway 75.00

     31-17-8 Vehicle within right of way, rotary 75.00

     31-17-9 Yielding to bicycles on bicycle lane 75.00

     31-18-3 Right of way in crosswalks 75.00 first

                                                             violation

                                                      $100.00 sec-

                                                       ond violation

                                                     or any subse-

                                                        quent viola-

                                                                   tion

     31-18-5 Crossing other than at crosswalks 75.00

     31-18-8 Due care by drivers 75.00

     31-18-12 Hitchhiking 75.00

     31-18-18 Right of way on sidewalks 75.00

     31-19-3 Traffic laws applied to bicycles 75.00

     31-19-20 Sale of new bicycles 75.00

     31-19-21 Sale of used bicycles 75.00

     31-19.1-2 Operating motorized bicycle on an

                    interstate highway 75.00

     31-19.2-2 Operating motorized tricycle on an

                    interstate highway 75.00

     31-20-1 Failure to stop at railroad crossing 75.00

     31-20-2 Driving through railroad gate 75.00

     31-20-9 Obedience to stop sign 75.00

     31-21-4 Places where parking or stopping

                  prohibited 75.00

     31-21-14 Opening of vehicle doors 45.00

     31-22-2 Improper backing up 75.00

     31-22-4 Overloading vehicle 75.00

     31-22-5 Violation of safety zone 75.00

     31-22-6 Coasting 75.00

     31-22-7 Following fire apparatus 75.00

     31-22-8 Crossing fire hose 75.00

     31-22-9 Throwing debris on highway –

                  snow removal 75.00

     31-22-11.5 Improper use of school bus –

                                              not to exceed

                                               five hundred

                                              dollars ($500)

                                               for each day

                                          of improper use

     31-22-22(a) No child restraint 75.00

     31-22-22(a) Child restraint/seat belt but not in

                       any rear seating position 75.00

     31-22-22(b), (f) No seat belt - passenger 75.00

     31-22-22(g) No seat belt - operator 75.00

     31-22-23 Tow trucks - proper identification 275.00

     31-22-24 Operation of interior lights 75.00

     31-23-1(b)(2) U.S. department of transportation

      motor carrier safety

      rules and regulations                   Not less than

                                                                 $25.00

                                                        or more than

                                                               $500.00

     31-23-1(e)(6) Removal of an "out of service vehi-

                         cle" sticker 125.00

     31-23-1(e)(7) Operation of an "out of service ve-

                          hicle" 100.00

     31-23-4 Brake equipment required 75.00

     31-23-8 Horn required 75.00

     31-23-10 Sirens prohibited 75.00

     31-23-13 Muffler required 75.00

     31-23-13.1 Altering height or operating a mo-

                      tor vehicle with an

                      altered height 75.00

     31-23-14 Prevention of excessive fumes or

                   smoke 75.00

     31-23-16 Windshield and window stickers

                   (visibility) 75.00

     31-23-17 Windshield wipers 75.00

     31-23-19 Metal tires prohibited 75.00

     31-23-20 Protuberances on tires 75.00

     31-23-26 Fenders and wheel flaps required 75.00

     31-23-27 Rear wheel flaps on buses, trucks

                   and trailers 75.00

     31-23-29 Flares or red flag required over

                   four thousand pounds (4,000 lbs.) 75.00

     31-23-40 Approved types of seat belt re-

                   quirements 75.00

     31-23-42.1 Special mirror - school bus 75.00

     31-23-43 Chocks required (1 pair) - over

                   four thousand pounds (4,000 lbs.) 75.00

     31-23-45 Tire treads - defective tires 75.00

     31-23-47 Slow moving emblem required 75.00

     31-23-49 Transportation of gasoline – pas-

                   senger vehicle 75.00

     31-23-51 Operating bike or motor vehicle

                   wearing ear phones           60.00 (first

                                                               offense)

                                                        70.00 second

                                                                offense

                                                       140.00 for the

                                                              third and

                                                          each subse-

                                                       quent offense

     31-24-1 Times when lights required 75.00

     through

     31-24-54

     31-25-03 Maximum width of one hundred

                   and two inches (102") exceeded 75.00

     31-25-04 Maximum height of one hundred

                   sixty-two inches (162") exceeded 75.00

     31-25-06 Maximum number and length of

                   coupled vehicles 500.00

     31-25-07 Load extending three feet (3')

                   front, six feet (6') rear exceeded 75.00

     31-25-9 Leaking load 75.00

     31-25-11 Connections between coupled vehicles 75.00

     31-25-12 Towing chain, twelve inch (12")

                   square flag required 75.00

     31-25-12.1 Tow truck - use of lanes (first

                      offense) 50.00

                      second offense 75.00

                                                         100.00 for the

                                                                third and

                                                            each subse-

                                                         quent offense

     31-25-14(d)(1) Maximum weight and tandem ax-

                            les 125.00

     31-25-14(d)(2) Maximum weight and tandem ax-

                            les 125.00

     31-25-14(d)(3) Maximum weight and tandem ax-

                            les 125.00

     31-25-16(c)(2) Maximum weight shown in regis-

                                                    tration 65.00 per

                                                          thousand lbs.

                                                        overweight or

                                                                  portion

                                                                 thereof.

     31-25-16(c)(3) Maximum weight shown in regis-

                                                   tration 125.00 per

                                                          thousand lbs.

                                                        overweight or

                                                                  portion

                                                                 thereof.

     31-25-16(c)(4) Maximum weight shown in regis-

                                               tration 1,025.00 plus

                                                           $125.00 per

                                                               thousand

                                                                  pounds

                                                        overweight or

                                                                  portion

                                                                 thereof.

     31-25-17 Identification of trucks and truck-

                   tractors (first offense) 50.00

                   (second offense) 75.00

                                                        125.00 for the

                                                                third and

                                                            subsequent

                                                                offenses

     31-25-24 Carrying and inspection of excess

                   load limit 175.00

     31-25-27(c) Maximum axle 3,000.00 (first offense)

                       not to exceed 5,000.00 for

                       each and every subsequent

                       offense

     31-25-30 Maximum axle Pawtucket River Bridge and Sakonnet River

                   Bridge 3,000.00 (first offense)

                   not to exceed 5,000.00 for

                   each and every subsequent

                   offense

     31-27-2.3 Refusal to take preliminary breath

                    test 75.00

     31-28-7(d) Wrongful use of handicapped

                      parking placard 500.00

     31-28-7(f) Handicapped parking space viola-

                     tion:

                     First offense 100.00

                     Second offense 175.00

                     Third offense and subsequent of-

                     fenses 325.00

     31-28-7.1(e) Wrongful use of institutional

                         handicapped parking placard 125.00

     31-33-2 Failure to file accident report 45.00

     31-36.1-17 No fuel tax stamp (out-of-state)

                      75.00 and not

                      exceeding

                      ($100) for

                      subsequent

                      offense

     31-38-3 No inspection sticker 75.00

     31-38-4 Violation of inspection laws 75.00

     31-47.2-06 Heavy-duty vehicle emission in-

                      spections:

      First offense 125.00

      Second offense 525.00

      Third and subsequent offenses 1,025.00

     37-15-7 Littering not less than 55.00

                 not more

                 than five

                 hundred dol-

                 lars ($500)

     39-12-26 Public carriers violation 300.00

     SPEEDING Fine

     (A) One to ten miles per hour (1-10 mph)

     in excess of posted speed limit $ 85.00

     (B) Eleven miles per hour (11 mph) in excess

     of posted speed limit with a fine of

     ten dollars ($10.00) per mile in excess 195.00

     of speed limit shall be assessed. minimum

      (b) In addition to any other penalties provided by law, a judge may impose the following

penalties for speeding:

      (1) For speeds up to and including ten miles per hour (10 mph) over the posted speed

limit on public highways, a fine as provided for in subsection (a) of this section for the first

offense, ten dollars ($10.00) per mile for each mile in excess of the speed limit for the second

offense if within twelve (12) months of the first offense, and fifteen dollars ($15.00) per mile for

each mile in excess of the speed limit for the third and any subsequent offense if within twelve

(12) months of the first offense. In addition, the license may be suspended up to thirty (30) days.

(2) For speeds in excess of ten miles per hour (10 mph) over the posted speed limit on

public highways, a mandatory fine of ten dollars ($10.00) for each mile over the speed limit for

the first offense, fifteen dollars ($15.00) per mile for each mile in excess of the speed limit for the

second offense if within twelve (12) months of the first offense, and twenty dollars ($20.00) per

mile for each mile in excess of the speed limit for the third and subsequent offense if within

twelve (12) months of the first offense. In addition, the license may be suspended up to sixty (60)

days.

      (c) Any person charged with a violation who pays the fine administratively pursuant to

chapter 8.2 of title 8 shall not be subject to any additional costs or assessments, including, but not

limited to, the hearing fee established in section 8-18-4 or assessment for substance abuse

prevention.

 

     SECTION 3. This article shall take effect upon passage.

 

ARTICLE 20

 

RELATING TO RHODE ISLAND UNDERGROUND STORAGE TANK ACT

 

     SECTION 1. Section 46-12.9-11 of the General Laws in Chapter 46-12.9 entitled "Rhode

Island Underground Storage Tank Financial Responsibility Act" is hereby amended to read as

follows:

 

     46-12.9-11. Fundings. -- (a) There is hereby imposed an environmental protection

regulatory fee of at the rate of one cent ($0.01) per gallon payable of motor fuel, to be collected

by distributors of motor fuel when the product is sold to owners and/or operators of underground

storage tanks. Each distributor shall be responsible to the tax administrator for the collection of

the regulatory fee, and if the distributor is unable to recover the fee from the person who ordered

the product, the distributor shall nonetheless remit to the tax administrator the regulatory fee

associated with the delivery. In accordance with the regulations to be promulgated hereunder, the

fee shall be collected, reported, and paid to the Rhode Island division of taxation as a separate

line item entry, on a quarterly tax report by those persons charged with the collection, reporting,

and payment of motor fuels taxes. This fee shall be administered and collected by the division of

taxation. Notwithstanding the provisions of this section, the fee shall not be applicable to

purchases by the United States government.

     (b) All fees derived under the provisions of this chapter, including tank registration fees

assessed pursuant to section 46-12.9-7(9), shall be paid to and received by the review board,

which shall keep such money in a distinct interest bearing restricted receipt account to the credit

of and for the exclusive use of the fund provided that for the period January 1, 2008 through June

30, 2008, all revenues generated by the environmental protection regulatory fee up to a maximum

of two million dollars ($2,000,000) shall be deposited into the general fund. All fees collected

may be invested as provided by law and all interest received on such investment shall be credited

to the fund.

      (b) (c) When the fund reaches the sum of eight million dollars ($8,000,000), the

imposition of the fee set forth in this chapter shall be suspended, and the division of taxation shall

notify all persons responsible for the collection, reporting and payments of the fee of the

suspension. In the event that the account balance of the fund subsequently is reduced to a sum

less than five million dollars ($5,000,000) as a result of fund activity, the fee shall be reinstated

by the division of taxation, following proper notice thereof, and once reinstated, the collection,

reporting, and payment of the fee shall continue until the account balance again reaches the sum

of eight million dollars ($8,000,000).

      (c) (d) Upon the determination by the review board and the department that the fund has

reached a balance sufficient to satisfy all pending or future claims, the review board shall

recommend to the general assembly the discontinuation of the imposition of the fee created in this

section.

 

     SECTION 2. This article shall take effect as of January 1, 2008.

 

ARTICLE 21

 

     RELATING TO EFFECTIVE DATE

 

     This article provides that the act shall take effect upon passage, except as otherwise

provided herein.

     

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LC00897/SUB A/27

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