CHAPTER 005
2009 -- H 5019 SUBSTITUTE A AS AMMENDED
Enacted 04/10/09
A N A C T
MAKING REVISED
APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30,
2009
Introduced By: Representative
Robert A. Watson
Date Introduced: January 07, 2009
It is enacted by the General Assembly as follows:
ARTICLE 1 RELATING TO MAKING REVISED APPROPRIATIONS IN
SUPPORT OF FY 2009
ARTICLE 2 RELATING TO INTERFUND BORROWING
ARTICLE 3 RELATING TO CLEAN WATER FINANCE AGENCY
ARTICLE 4 RELATING TO RETIREE HEALTH CARE TRUST FUND
ARTICLE 5 RELATING TO UNEMPLOYMENT INSURANCE BENEFITS
ARTICLE 6 RELATING TO TELECOMMUNICATIONS TAX
ARTICLE 7 RELATING TO STATE AID
ARTICLE 8 RELATING TO ENERGY REVOLVING FUND
ARTICLE 9 RELATING TO REVENUES
ARTICLE 10 RELATING DEFERRED CONTRIBUTIONS
ARTICLE 11 RELATING TO THE
DEVELOPMENT CORPORATIONS AND THE
INDUSTRIAL FACILITIES CORPORATION
ARTICLE 12 RELATING TO TRANSPORTATION OF PUPILS
ARTICLE 13 RELATING TO EDUCATION AID
ARTICLE 14 RELATING TO NURSING FACILITIES
ARTICLE 15 RELATING TO MEDICAL ASSISTANCE – OUT OF STATE
HOSPITALS
ARTICLE 16 RELATING TO HOSPITAL PAYMENTS
ARTICLE 17 RELATING TO EFFECTIVE DATE
ARTICLE 1
RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2009
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,
2009. 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
2009 FY 2009 FY 2009
Enacted
Change Final
Administration
Central Management
General Revenues 1,664,118 (102,995) 1,561,123
Federal Funds 191,205
(54,596) 136,609
Restricted Receipts 0 77,610 77,610
Total - Central
Management 1,855,323
(79,981) 1,775,342
Legal Services
General Revenues 2,134,616
(1,014,645) 1,119,971
Legal Support/DOT 249,305 (224,082) 25,223
Total - Legal Services 2,383,921 (1,238,727) 1,145,194
Accounts and Control
General Revenues 3,886,437 (117,142) 3,769,295
Budgeting
General Revenues 2,126,819 (172,765) 1,954,054
Purchasing
General Revenues 2,280,079 (281,394) 1,998,685
Auditing
General Revenues 1,848,952
(508,914) 1,340,038
Human Resources
General Revenues 10,366,561 (286,106) 10,080,455
Federal Funds 1,871,902
(1,164,373) 707,529
Restricted Receipts 320,923 90,472 411,395
Other Funds 550,917
635,522 1,186,439
Total - Human Resources
13,110,303 (724,485) 12,385,818
Personnel Appeal Board
General Revenues 111,226 (20,253) 90,973
Facilities Management
General Revenues 39,299,779
(2,630,266) 36,669,513
Federal Funds 8,242,199 (7,176,387) 1,065,812
Restricted Receipts 1,144,994 (229,464) 915,530
Other Funds 615,715
3,203,568 3,819,283
Total – Facilities
Management 49,302,687
(6,832,549) 42,470,138
Capital Projects and
Property Management
General Revenues 3,887,058 (1,296,818) 2,590,240
Restricted Receipts 0 929,303 929,303
Total – Capital
Projects and Property Management 3,887,058 (367,515) 3,519,543
Information Technology
General Revenues 20,195,145
(981,985) 19,213,160
Federal Funds 6,667,124 (804,783) 5,862,341
Restricted Receipts 2,060,780 (1,109,084) 951,696
Other Funds 2,408,197 (722,047) 1,686,150
Total – Information
Technology 31,331,246 (3,617,899) 27,713,347
Library and Information
Services
General Revenues 927,319 (41,493) 885,826
Federal Funds 1,079,587
(149,583) 930,004
Restricted Receipts 5,000 1,000 6,000
Total - Library and
Information Services 2,011,906 (190,076) 1,821,830
Planning
General Revenues 3,731,488
6,413 3,737,901
Federal Funds 12,343,976 173,676 12,517,652
Air Quality Modeling 20,800 (10,800) 10,000
Total - Planning 17,730,411
532,650 18,263,061
General
General Revenues
Economic Development
Corporation 6,028,807 0 6,028,807
EDC – RI Airport
Corporation Impact Aid 1,000,754 0 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
landings during the calendar year 2006, respectively.
No airport shall receive less than $25,000.
East 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 thirty (30) days of the payment
from the Corporation.
Each community upon
which any parts of the above airports are located shall receive at
least $25,000.
EDC – EPScore (Research
Miscellaneous Grants 400,456 0 400,456
Slater Centers of
Excellence 3,000,000 0 3,000,000
Torts – Courts 400,000
0 400,000
Convention Center 4,100,000 0 4,100,000
State
Employees/Teachers Retiree Health Subsidy 479,502 1,100,000 1,579,502
Motor Vehicle Excise
Tax Payment 139,586,645 (4,216,328) 135,370,317
Property Valuation 1,272,000 (140,000) 1,132,000
General Revenue
Sharing Program 55,111,876 (55,111,876) 0
General
Revenue Sharing Program 55,111,876
(30,111,876) 25,000,000
Payment in Lieu of Tax
Exempt Properties 27,766,967 (186,558) 27,580,409
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 2,765,729
(178,282) 2,587,447
Restricted Receipts 1,378,997 0 1,378,997
Statehouse Renovations 2,000,000 (1,400,000) 600,000
Lead Mitigation Group
Homes 300,000 (171,993) 128,007
Cannon Building 515,000
(435,000) 80,000
State Office Building 500,000 100,000 600,000
Old Colony House 300,000 (140,000) 160,000
William Powers Building
750,000 300,000 1,050,000
Fire Code Compliance
State Buildings 500,000 (9,638) 490,362
Replacement of Fueling
Tanks 1,150,000 (600,000) 550,000
Environmental
Compliance 250,000
0 250,000
Pastore
Utilities Upgrade 1,200,000
(818,530) 381,470
Health Laboratory
Feasibility Study 175,500 (175,000) 500
Neighborhood
Opportunities Program 2,500,000 2,500,000 5,000,000
McCoy Stadium 432,500
583,808 1,016,308
Registry 5,500,000
(5,500,000) 0
DOIT Computer Center 8,975,000 (2,500) 8,972,500
OHHS Relocation 0 1,274 1,274
Business Regulation
Relocation 0 10,000 10,000
Total – General 295,367,589 (65,007,774) 230,359,815
Total –
General 295,367,589 (40,007,774) 255,359,815
Debt Service Payments
General Revenues 141,624,151
(8,221,767) 133,402,384
Federal Funds 735,248
(85,171) 650,077
Restricted Receipts 4,383,227 (342,495) 4,040,732
RIPTA Debt Service 765,484 (5,606) 759,878
Transportation Debt
Service 41,454,976
(5,028,352) 36,426,624
Investment Receipts
Bond Funds 0 100,000 100,000
RIRBA - DLT – Temporary
Disability Insurance 45,586 0 45,586
COPS -
COPS – DLT Building 5,357 (5,357) 0
Total - Debt Service
Payments 189,227,909 (13,584,949) 175,642,960
Energy Resources
Federal Funds 18,079,657
31,367,898 49,447,555
American Electric Power
– Weatherization Grant 0 240,000 240,000
Overcharge Interest
Earnings 350,000 (170,238) 179,762
Energy Efficiency and
Resources Mgmt. Council 72,035 3,400
75,435
Regional Greenhouse Gas
Initiative 71,562 3,628,438 3,700,000
Renewable Energy Fund
Administration 182,538 114,519 297,057
Renewable Energy Dev.
Fund Administration 66,483 (66,483)
0
Demand Side Management
Grants 2,127,716 88,583 2,216,299
Total – Energy
Resources 20,949,991
35,206,117 56,156,108
Personnel Savings
General Revenues
Savings from Retirement
Vacancies (16,836,489) 16,836,489 0
Personnel Savings (33,391,483)
33,391,483 0
Federal Funds
Savings from Retirement
Vacancies (5,024,646) 5,024,646 0
Personnel Savings (9,981,083)
9,981,083 0
Restricted Receipts
Savings from Retirement
Vacancies (1,039,274) 1,039,274 0
Personnel Savings (2,066,513)
2,066,513 0
Other Funds
Savings from Retirement
Vacancies (7,641,748) 7,641,748 0
Personnel Savings (15,162,522)
15,162,522 0
Total – Personnel
Savings (91,143,758)
91,143,758 0
Operational Savings
General Revenues (560,942) 560,942 0
Federal Funds (253,130)
253,130 0
Restricted Receipts (182,434) 182,434 0
Other Funds (182,434) 182,434 0
Total – Operational
Savings (1,178,940)
1,178,940 0
Sheriffs
General Revenues 15,488,294
945,688 16,433,982
Fire Safety Code Board
of Appeal and Review
General Revenues 306,552 1,553 308,105
Undistributed
Statewide Savings 0 (4,609,000) (4,609,000)
Undistributed
Statewide Savings 0 (8,309,000) (8,309,000)
Grand Total –
Administration 560,884,005
31,655,283 592,539,288
Grand
Total – Administration 560,884,005
52,955,283 613,839,288
Business Regulation
Central Management
General Revenues 1,133,343 (69,742) 1,063,601
Banking and Securities
Regulation
General Revenues 2,909,442 (394,967) 2,514,475
Restricted Receipts 150,000 (10,000) 140,000
Total - Banking and
Securities Regulation 3,059,442 (404,967) 2,654,475
Commercial Licensing and
Racing & Athletics
General Revenues 963,559 (186,060) 777,499
Restricted Receipts 488,248 (64,960) 423,288
Total - Commercial
Licensing and Racing and
Athletics 1,451,807
(251,020) 1,200,787
Insurance Regulation
General Revenues 4,626,900
(151,664) 4,475,236
Federal Funds 0 87,641 87,641
Restricted Receipts 907,390 237,277 1,144,667
Total - Insurance
Regulation 5,534,290
173,254 5,707,544
Board of Accountancy
General Revenues 156,595 4,267 160,862
Board for Design
Professionals
General Revenues 328,227 (12,655) 315,572
Grand Total - Business
Regulation 11,663,704 (560,863) 11,102,841
Labor and Training
Central Management
General Revenues 184,235 104,757 288,992
Restricted Receipts 490,567 59,539 550,106
Total - Central
Management 674,802 164,296 839,098
Workforce Development
Services
General Revenues 101,561 (5,972) 95,589
Federal Funds 19,334,057
2,236,999 21,571,056
Restricted Receipts 11,286,454 (577,405) 10,709,049
Reed Act – Workforce
Development 1,484,894 2,032,133 3,517,027
All of the $3.5 million
appropriated from Reed Act funds, may be for the administration of
this state’s employment compensation law and public
employment services offices.
Total - Workforce
Development Services 32,206,966 3,685,755 35,892,721
Workforce Regulation and
Safety
General Revenues 2,377,263 (241,005) 2,136,258
Income Support
General Revenues 3,388,454 360,581 3,749,035
Federal Funds 16,260,698
18,745,440 35,006,138
Restricted Receipts 1,514,338 (175,468) 1,338,870
Temporary Disability
Insurance Fund 177,616,856 4,823,484 182,440,340
Employment Security
Fund 238,690,431
135,659,569 374,350,000
Total - Income Support 437,470,777 159,413,606 596,884,383
Injured Workers Services
Restricted Receipts 11,614,555 489,141 12,103,696
Labor Relations Board
General Revenues 461,579 (35,373) 426,206
Grand Total - Labor and
Training 484,805,942 163,476,420 648,282,362
Department of Revenue
Director of Revenue
General Revenues 632,972 (11,022) 621,950
Office of Revenue
Analysis
General Revenues 719,927 (221,860) 498,067
Lottery Division
Lottery Funds 207,489,225
(14,732,464) 192,756,761
Property Valuation
General Revenues 852,759 (79,530) 773,229
Taxation
General Revenues 17,347,998
(2,410,502) 14,937,496
Federal Funds 1,439,789
(212,579) 1,227,210
Restricted Receipts 910,563 (126,180) 784,383
Other Funds
Motor Fuel Tax Invasion
130,877 16,723 147,600
Temporary Disability
Insurance 849,899 32,572 882,471
Total – Taxation 20,679,126
(2,699,966) 17,979,160
Registry of Motor
Vehicles
General Revenues 18,296,260
(1,872,186) 16,424,074
Federal Funds 454,306
1,017,081 1,471,387
Restricted Receipts 15,100 0 15,100
Total – Registry of
Motor Vehicles 18,765,666 344,895 19,110,561
Grand Total – Revenue 249,139,675 (17,399,947) 231,739,728
Legislature
General Revenues 34,099,202
(647,867) 33,451,335
Restricted Receipts 1,516,351 (8,018) 1,508,333
Grand Total –
Legislature 35,615,553
(655,885) 34,959,668
Lieutenant Governor
General Revenues 901,418 (40,647) 860,771
State
Administration
General Revenues 1,879,212 (139,409) 1,739,803
Corporations
General Revenues 1,840,798 (49,379) 1,791,419
State Archives
General Revenues 55,000 100,000 155,000
Federal Funds 0 9,871 9,871
Restricted Receipts 555,581 (161,743) 393,838
Total - State Archives 610,581 (51,872) 558,709
Elections
General Revenues 1,676,069 159,634 1,835,703
Federal Funds 541,139
(254,723) 286,416
Total – Elections 2,217,208
(95,089) 2,122,119
State Library
General Revenues 552,708 14,338 567,046
Office of Civics and
Public Information
General Revenues 303,357 15,199 318,556
Grand Total – State 7,403,864 (306,212) 7,097,652
General Treasurer
Treasury
General Revenues 2,477,685 (141,717) 2,335,968
Federal Funds 295,276
(55,929) 239,347
Temporary Disability
Insurance Fund 253,375 (57,181) 196,194
Total – Treasury 3,026,336
(254,827) 2,771,509
State Retirement System
Restricted Receipts
Admin Expenses - State
Retirement System 6,711,780 147,990 6,859,770
Retirement - Treasury
Investment Operations 954,281 133,999
1,088,280
Total - State
Retirement System 7,666,061
281,989 7,948,050
Unclaimed Property
Restricted Receipts 18,290,775 (3,227,661) 15,063,114
RI Refunding Bond
Authority
General Revenues 38,075 3,030 41,105
Crime Victim
Compensation Program
General Revenues 48,007 40,854 88,861
Federal Funds 874,805
(13,663) 861,142
Restricted Receipts 1,545,224 (69,939) 1,475,285
Total - Crime Victim
Compensation Program 2,468,036 (42,748)
2,425,288
Grand Total – General
Treasurer 31,489,283 (3,240,217) 28,249,066
Board of Elections
General Revenues 1,512,874 39,816 1,552,690
Federal Funds 662,344
(167,074) 495,270
Grand Total - Board of
Elections 2,175,218 (127,258) 2,047,960
General Revenues 1,405,309 4,141 1,409,450
Office of Governor
General Revenues 4,658,611 (159,932) 4,698,679
General
Revenues 4,658,611
(159,932) 4,498,679
Contingency Fund 500,000 (300,000) 200,000
Grand Total – Office of
the Governor 5,158,611 (459,932) 4,698,679
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.
Commission for Human
Rights
General Revenues 991,659 (59,241) 932,418
Federal Funds 391,309
81,146 472,455
Grand Total - Commission
for Human Rights 1,382,968 21,905
1,404,873
Public Utilities
Commission
Federal Funds 100,547
2,112 102,659
Restricted Receipts 6,768,667 (22,632) 6,746,035
Grand Total - Public
Utilities Commission 6,869,214 (20,520) 6,848,694
General Revenues 107,208 1,169 108,377
Office of Health and
Human Services
General Revenues 5,223,297 (1,386,721) 3,836,576
Federal Funds 7,593,011
(3,268,089) 4,324,922
Restricted Receipts 1,970,773 (1,298,611) 672,162
Grand Total – Health
and Human Services 14,787,081 (5,953,421) 8,833,660
Children, Youth, and
Families
Central Management
General Revenues 5,162,842 114,991 5,277,833
Federal Funds 1,964,369
367,575 2,331,944
Total - Central
Management 7,127,211
482,566 7,609,777
Children's Behavioral
Health Services
General Revenues 16,087,176
(4,527,857) 11,559,319
Federal Funds 12,287,901
(1,177,512) 11,110,389
Federal Funds –
Stimulus 0 570,200 570,200
Spurwink/RI
–
Groden
Center Mt. Hope 0
16,445 16,445
Total - Children's
Behavioral Health Services 29,020,077 (5,763,724)
23,256,353
Juvenile Correctional
Services
General Revenues 31,406,268
2,622,614 34,028,882
Federal Funds 522,437
1,226,874 1,749,311
Federal Funds –
Stimulus 0 237,878 237,878
Restricted Receipts 10,000 13,059 23,059
Total - Juvenile
Correctional Services 31,938,705
4,100,425 36,039,130
Child Welfare
General Revenues
General Revenues 78,277,434
25,312,167 103,589,601
18 to 21 Year Olds 6,000,000 1,396,152 7,396,152
Federal Funds
Federal Funds 50,174,339
7,408,710 57,583,049
18 to 21 Year Olds 4,890,545 564,221 5,454,766
Federal Stimulus –
Medicaid 0 5,486,453 5,486,453
Restricted Receipts 1,747,941 513,059 2,261,000
Camp E-Hun-Tee 65,000 0 65,000
Fire Code Upgrades 500,000 61,287 561,287
Total - Child Welfare 141,655,259 40,742,049 182,397,308
Higher Education
Incentive Grants
General Revenues 200,000 0 200,000
Grand Total - Children,
Youth, and Families 209,941,252 39,561,316
249,502,568
Elderly Affairs
General Revenues
General Revenues 14,639,532
(1,763,992) 12,875,540
RIPAE 1,431,654
(350,000) 1,081,654
Safety and Care of the
Elderly 600 0 600
Federal Funds 12,257,937
1,757,077 14,015,014
Federal Funds – Stimulus
0 663,022 663,022
Restricted Receipts 620,000 350,000 970,000
Other Funds
Intermodal
Surface Transportation Fund 4,630,000
0 4,630,000
Grand Total - Elderly
Affairs 33,579,723 656,107 34,235,830
Health
Central Management
General Revenues 2,682,917 (339,172) 2,343,745
Federal Funds 8,296,936
2,558,335 10,855,271
Restricted Receipts 3,848,879 (1,174,114) 2,674,765
Total - Central Management
14,828,732 1,045,049 15,873,781
State Medical Examiner
General Revenues 2,360,089 423,131 2,783,220
Federal Funds 23,983
140,834 164,817
Total - State Medical
Examiner 2,384,072 563,965 2,948,037
Environmental and Health
Services Regulation
General Revenues 9,509,529 (300,731) 9,208,798
Federal Funds 3,836,460
920,463 4,756,923
Restricted Receipts 3,301,038 (123,368) 3,177,670
RI Airport Corporation
Funds 100,000 (100,000) 0
Total - Environmental
and Health Services
Regulation 16,747,027
396,364 17,143,391
Health Laboratories
General Revenues 7,317,549 (788,779) 6,528,770
Federal Funds 1,015,438
167,534 1,182,972
Total - Health
Laboratories 8,332,987
(621,245) 7,711,742
Public Health
Information
General Revenues 1,882,500 41,263 1,923,763
Federal Funds 2,110,972
271,478 2,382,450
Total – Public Health
Information 3,993,472 312,741 4,306,213
Community and Family
Health and Equity
General Revenues
General Revenues 6,151,991 (88,531) 6,063,460
Federal Funds
Federal Funds 50,537,986
5,932,460 56,470,446
Federal Stimulus –
Medicaid 0 93,743 93,743
Restricted Receipts 18,336,110 528,869 18,864,979
Walkable
Communities Initiative 29,410
16,853 46,263
RI Airport Corporation
Funds 0 185,162 185,162
Total - Family Health 75,055,497 6,668,556 81,724,053
Infectious Disease and
Epidemiology
General Revenues 2,377,099 (474,879) 1,902,220
Federal Funds 2,358,890
(44,182) 2,314,708
Total – Infectious
Disease and Epidemiology 4,735,989 (519,061)
4,216,928
Grand Total – Health 126,077,776 7,846,369 133,924,145
Human Services
Central Management
General Revenues 5,526,859 (989,212) 4,537,647
Federal Funds 4,540,655
(36,722) 4,503,933
Federal Funds – Stimulus
0 1,540,000 1,540,000
Restricted Receipts 820,609 180,658 1,001,267
Total - Central
Management 10,888,123
694,724 11,582,847
Child Support
Enforcement
General Revenues 2,741,244 (361,989) 2,379,255
Federal Funds 6,834,361
(899,252) 5,935,109
Federal Funds –
Stimulus 0 792,000 792,000
Total – Child Support
Enforcement 9,575,605 (469,241) 9,106,364
Individual and Family
Support
General Revenues 23,024,743
(2,611,951) 20,412,792
Federal Funds 55,350,650
2,313,323 57,663,973
Federal Funds –
Stimulus 0 250,000 250,000
Restricted Receipts 134,150 45,850 180,000
Food Stamp Bonus
Funding 0 195,000 195,000
Blind Vending
Facilities 125,000
(92,500) 32,500
Total - Individual and
Family Support 78,634,543 99,722 78,734,265
Veterans' Affairs
General Revenues 17,692,025
(472,530) 17,219,495
Federal Funds 7,737,090
2,951,937 10,689,027
Restricted Receipts 1,763,038 (310,754) 1,452,284
Total - Veterans'
Affairs 27,192,153
2,168,653 29,360,806
Health Care Quality,
Financing and Purchasing
General Revenues 20,993,847 (1,237,016) 19,756,831
Federal Funds 41,241,728
2,067,451 43,309,179
Restricted Receipts 60,000 0 60,000
Total - Health Care
Quality,
Financing &
Purchasing 62,295,575
830,435 63,126,010
Medical Benefits
General Revenues
Hospitals 141,964,859
(53,067,741) 88,897,118
Nursing Facilities 131,223,489
(24,175,543) 107,047,946
Nursing
Facilities 131,223,489
(23,007,492) 108,215,997
Managed Care 237,398,676 (29,645,123)
207,753,553
Pharmacy 62,950,000
(20,297,874) 42,652,126
Other 51,699,999
(21,833,119) 29,866,880
Home and Community
Based Services 24,088,135 6,305 24,094,440
Rhody
Health 0
39,956,296 39,956,296
Federal Funds
Hospitals 145,251,890
(35,640,260) 109,611,630
Nursing Facilities 143,923,675
11,507,316 155,430,991
Nursing
Facilities 143,923,675
13,339,265 157,262,940
Managed Care 273,031,108
1,171,230 274,202,338
Home and Community
Based Services 26,698,574 6,986 26,705,560
Other 66,053,090
(24,738,200) 41,314,890
Pharmacy 23,525,374
(13,852,494) 9,672,880
Rhody
Health 0
53,916,668 53,916,668
Special Education 20,733,240
0 20,733,240
Federal Stimulus –
Medicaid 0 90,977,102 90,977,102
Restricted Receipts 5,246,911 0 5,246,911
Total - Medical
Benefits 1,353,789,020
(25,708,451) 1,328,080,569
Total -
Medical Benefits 1,353,789,020
(22,708,451) 1,331,080,569
Supplemental Security
Income Program
General Revenues 25,906,519
(811,771) 25,094,748
Family
General Revenues
Child Care 7,100,000
3,172,921 10,272,921
TANF/Family
Federal Funds 86,802,810
(4,794,900) 82,007,910
Federal Funds –
Stimulus 0 500,000 500,000
Total - Family
State Funded Programs
General Revenues
General Public
Assistance 3,735,450
(967,770) 2,767,680
Federal Funds 98,083,948
20,501,052 118,585,000
Federal Funds – Stimulus
0 8,000,000 8,000,000
Total - State Funded
Programs 101,819,398 27,533,282 129,352,680
Grand Total - Human
Services 1,775,182,036
42,453 1,775,224,489
Grand
Total - Human Services 1,775,182,036
3,042,453 1,778,224,489
Mental Health,
Retardation, and Hospitals
Central Management
General Revenues 2,048,521 (1,022,259) 1,026,262
Federal Funds 67,081
0 67,081
Total - Central
Management 2,115,602
(1,022,259) 1,093,343
Hospital and Community
System Support
General Revenues 3,218,806 (551,949) 2,666,857
Federal Funds 849,939
0 849,939
Community Facilities
Fire Code 750,000 (35,009) 714,991
DD Private Waiver Com
Facilities-Fire Code 767,201 (132,364)
634,837
Total - Hospital and
Community System Support 6,335,946 (1,207,937)
5,128,009
Services for the
Developmentally Disabled
General Revenues
General Revenues 106,666,111
(15,158,716) 91,507,395
General
Revenues 106,666,111
(14,080,837) 92,585,274
Federal Funds
Federal Funds 123,058,038
4,821,728 127,879,766
Federal
Funds 123,058,038
6,512,252 129,570,290
Federal Funds Stimulus 0 19,337,809 19,337,809
Restricted Receipts 2,200,000 68,101 2,868,101
MR Community Facilities
1,199,430 (325,000) 874,430
Developmental
Disability Group Homes 1,500,000 (400,000) 1,100,000
Total - Services for
the Developmentally
Disabled 235,123,579
8,943,922 244,067,501
Disabled
235,123,579
11,712,325 246,835,904
Integrated Mental Health
Services
General Revenues 40,125,116
(7,675,581) 32,449,535
Federal Funds 37,980,470
2,711,734 40,692,204
Federal Funds Stimulus 0 6,412,829 6,412,829
MH Community Facilities
Repair 250,000 (90,000) 160,000
MH Housing
Development-Thresholds 400,000 0 400,000
Total - Integrated
Mental Health Services 78,755,586 1,358,982 80,114,568
Hospital and Community
Rehabilitation Services
General Revenues 52,426,023
(11,238,694) 41,187,329
Federal Funds 46,316,249
2,928,801 49,245,050
Federal Funds Stimulus 0 7,933,157 7,933,157
Restricted Receipts 2,300,000 0 2,300,000
Hospital Consolidation 3,700,000 (3,380,000) 320,000
Eleanor Slater HVAC 5,000 (5,000) 0
Total - Hospital and
Community
Rehabilitative Services
105,507,272
(3,521,736) 101,985,536
Substance Abuse
General Revenues 14,877,287
(1,866,014) 13,011,273
Federal Funds 14,485,237
3,744,865 18,230,102
Federal Funds Stimulus 0 382,212 382,212
Restricted Receipts 90,000 0 90,000
Asset Protection 200,000
(100,000) 100,000
Total - Substance Abuse
29,652,524 2,161,063 31,813,587
Grand Total - Mental
Health, Retardation,
and Hospitals 457,490,509
6,712,035 464,202,544
Grand
Total - Mental Health, Retardation,
and Hospitals 457,490,509
9,480,438 466,970,947
Office of the Child
Advocate
General Revenues 519,657 (5,215) 514,442
Federal Funds 39,143
1,412 40,555
Grand Total – Office of
the Child Advocate 558,800 (3,803) 554,997
Commission on the
Deaf and Hard of Hearing
General Revenues 368,807 2,493 371,300
Governor's Commission
on Disabilities
General Revenues 413,651 (25,789) 387,862
Federal Funds 189,769
(53,918) 135,851
Restricted Receipts 8,565 2,562 11,127
Other Funds 300,000
(133,449) 166,551
Grand Total -
Governor's Commission on
Disabilities 911,985
(210,594) 701,391
Mental Health
Advocate
General Revenues 431,171 9,312 440,483
Elementary and
Secondary Education
Administration of the
Comprehensive Education Strategy
General Revenues 20,365,958
(216,168) 20,149,790
Federal Funds 189,382,311
4,398,669 193,780,980
Stimulus – Special
Education 0 18,900,437 18,900,437
Stimulus – Title I 0 15,259,321 15,259,321
Restricted Receipts
Restricted Receipts 1,140,955 (289,716) 851,239
HRIC Adult Education
Grants 4,500,000 140,000 4,640,000
Met School East Bay 1,100,000 (1,100,000) 0
Total – Administration
of the Comprehensive
Education Strategy 216,489,224
37,367,793 253,857,017
Davies Career and
General Revenues 14,537,841
(64,506) 14,473,335
Federal Funds 1,356,073
152,418 1,508,491
Stimulus – Special
Education 0 103,932 103,932
Stimulus – Title I 0 133,048 133,048
Davies HVAC 400,000
(300,000) 100,000
Davies Asset Protection
100,000 0 100,000
Davies Roof Repair 740,000 167,850 907,850
Total - Davies Career
and
RI School for the Deaf
General Revenues 6,624,798 (16,136) 6,608,662
Federal Funds 270,027
49,985 320,012
Stimulus – Medicaid 0 15,641 15,641
Stimulus – Special
Education 0 42,610 42,610
Stimulus – Title 1 0 13,158 13,158
Restricted Receipts 0 1,418 1,418
School for the Deaf 0 280,851 280,851
Total - RI School for
the Deaf 6,894,825 387,527 7,282,352
Metropolitan Career and
General Revenues 11,565,603
0 11,565,603
Stimulus – Special
Education 0 66,889 66,889
Stimulus – Title I 0 197,811 197,811
Met School East Bay 0 100,000 100,000
Total – Metropolitan
Career and
Education Aid
General Revenues 680,333,012
(89,222,006) 591,111,006
Local Pension Savings 0 41,100,000 41,100,000
Federal Funds 0 67,046 67,046
Stimulus – Fiscal
Stabilization 0 36,259,559 36,259,559
Stimulus – Special
Education 0 185,668 185,668
Stimulus – Title I 0 441,875 441,875
Restricted Receipts 1,722,210 35,973 1,758,183
Total – Education Aid 695,655,222 (11,131,885) 684,523,337
General Revenues 43,795,411
(2,339,407) 41,456,004
Stimulus – Fiscal
Stabilization 0 2,065,263 2,065,263
Stimulus – Special
Education 0 495,314 495,314
Stimulus – Title I 0 976,367 976,367
Total -
Housing Aid
General Revenues 56,996,248
(2,856,196) 54,140,052
Teachers' Retirement
General Revenues 96,999,600
(30,413,582) 66,586,018
Pension Savings 0 28,200,000 28,200,000
Total – Teachers'
Retirement 96,999,600
(2,213,582) 94,786,018
Grand Total -
Elementary and Secondary 1,145,530,047
23,492,260 1,169,022,307
Public Higher
Education
Board of
Governors/Office of Higher Education
General Revenues 6,865,787 (117,509) 6,748,278
Federal Funds 3,646,277
379,999 4,026,276
Restricted Receipts 400,000 (400,000) 0
Total - Board of
Governors/Office of
Higher Education 10,912,064
(137,510) 10,774,554
General Revenues
General Revenues 65,370,365
(2,480,545) 62,889,820
Debt Service 12,740,210
(150,130) 12,590,080
Federal Funds
RI Developmental
Disabilities Council 450,543 11,772 462,315
University and College
Funds
University and College
Funds 447,650,315 12,220,538 459,870,853
Debt – Dining Services 1,146,768 (8,743) 1,138,025
Debt – Education and
General 5,346,026 (2,814,154) 2,531,872
Debt – Health Services 130,074 200 130,274
Debt – Housing Loan
Funds 7,582,070 (1,523,580) 6,058,490
Debt – Memorial Union 148,051 (22,069) 125,982
Debt – Ryan Center 2,799,947 (3,959) 2,795,988
Debt –
Debt - Parking
Authority 881,295
(119,305) 761,990
Debt – Sponsored
Research 99,370 0 99,370
Debt – Energy
Conservation 0 734,925 734,925
Debt – Lease Payment –
Vehicles 0 88,897 88,897
Asset Protection 4,315,185
0 4,315,185
Lippitt
Hall 1,600,000
198,798 1,798,798
New Chemistry Building 300,000 0 300,000
Superfund Site
Remediation 629,000
139,490 768,490
URI Biotechnology
Center 0 5,100,000 5,100,000
Total – University of
Rhode Island 551,638,422 11,372,235 563,010,657
Notwithstanding the provisions
of section 35-3-15 of the general laws, all unexpended or
unencumbered balances as of June 30, 2009 relating to
the
reappropriated to fiscal year 2010.
General Revenues
General Revenues 42,416,817
(2,005,695) 40,411,122
Debt Service 2,985,082
0 2,985,082
RIRBA –
University and College
Funds
University and College
Funds 89,146,859 1,384,753 90,531,612
Debt – Education and
General 295,196 0 295,196
Debt – Housing 2,025,570
0 2,025,570
Debt –
Debt – Student Union 231,856 0 231,856
Debt – Lease Payments –
Vehicles 0 12,573 12,573
Asset Protection 1,873,700
126,300 2,000,000
Campus Entrance 600,000 0 600,000
Total –
Notwithstanding the
provisions of section 35-3-15 of the general laws, all unexpended or
unencumbered balances as of June 30, 2009 relating to
reappropriated to fiscal year 2010.
General Revenues
General Revenues 47,679,712
(2,241,297) 45,438,415
Debt Service 1,504,159
0 1,504,159
Restricted Receipts 641,526 24,907 666,433
University and College
Funds
University and College
Funds 62,924,141 7,994,529 70,918,670
Debt – Bookstore 105,568 0 105,568
Knight Campus Nursing
Program 125,000 (125,000) 0
Asset Protection 1,192,355
213,977 1,406,332
Fire Code and HVAC 3,275,000 (1,723,485) 1,551,515
Total –
Notwithstanding the
provisions of section 35-3-15 of the general laws, all unexpended or
unencumbered balances as of June 30, 2009 relating to
the
are hereby reappropriated to
fiscal year 2010.
Grand Total – Public
Higher Education 820,039,552 14,896,287 834,935,839
RI State Council on
the Arts
General Revenues
Operating Support 753,552 (94,826) 658,726
Grants 1,341,295
(94,225) 1,247,070
Federal Funds 741,355
60,074 801,429
Restricted Receipts 0 94,225 94,225
Other Funds
Arts for Public
Facilities 439,453
(14,453) 425,000
Grand Total - RI State
Council on the Arts 3,275,655 (49,205) 3,226,450
RI Atomic Energy
Commission
General Revenues 824,470 (37,623) 786,847
Federal Funds 407,277
(304,161) 103,116
URI Sponsored Research 251,153 (7,284) 243,869
RINSC Asset Protection 50,000 0 50,000
Grand Total - RI Atomic
Energy Commission 1,532,900 (349,068)
1,183,832
RI Higher Education
Assistance Authority
General Revenues
Needs Based Grants and
Work Opportunities 6,382,700 0 6,382,700
Authority Operations
and Other Grants 940,351 (30,067) 910,284
Federal Funds 12,550,536
6,216,242 18,766,778
Tuition Savings Pgm. – Needs Based Grants 6,017,300 157,700 6,175,000
Tuition Savings Program
– Administration 758,920 (34,289) 724,631
Grand Total - Higher
Education Assistance 26,649,807 6,309,586 32,959,393
RI Historical
Preservation and Heritage Commission
General Revenues 1,348,825 (51,309) 1,297,516
Federal Funds 479,640
365,822 845,462
Restricted Receipts 494,649 23,364 518,013
Grand Total – RI
Historical Preservation
and Heritage Commission
2,323,114 337,877 2,660,991
RI Public
Telecommunications Authority
General Revenues 1,365,306 (115,797) 1,249,509
Corporation for Public
Broadcasting 767,060 0 767,060
Grand Total – RI Public
Telecommunications
Authority 2,132,366
(115,797) 2,016,569
Attorney General
Criminal
General Revenues 13,441,955
(189,784) 13,252,171
Federal Funds 1,207,109
36,635 1,243,744
Restricted Receipts 343,296 (3,929) 339,367
Total – Criminal 14,992,360
(157,078) 14,835,282
Civil
General Revenues 4,159,643 109,146 4,268,789
Restricted Receipts 637,570 137,496 775,066
Total – Civil 4,797,213
246,642 5,043,855
Bureau of Criminal
Identification
General Revenues 1,009,599 (33,460) 976,139
Federal Funds 56,500
13,050 69,550
Total - Bureau of
Criminal Identification 1,066,099 (20,410) 1,045,689
General
General Revenues 2,600,842 36,469 2,637,311
Building Renovations
and Repairs 275,000 472,726 747,726
Total – General 2,875,842
509,195 3,385,037
Grand Total - Attorney
General 23,731,514 578,349 24,309,863
Corrections
Central Management
General Revenues 9,757,572 (1,231,649) 8,525,923
Federal Funds 62,000
0 62,000
Total - Central
Management 9,819,572
(1,231,649) 8,587,923
Parole Board
General Revenues 1,272,304 31,072 1,303,376
Federal Funds 53,000
(28,700) 24,300
Total - Parole Board 1,325,304 2,372 1,327,676
Institutional
Corrections
General Revenues 151,309,377
3,256,366 154,565,743
Federal Funds 2,068,317
390,384 2,458,701
Maximum General
Renovations 450,000 (31,600) 418,400
General Renovations –
Women’s 600,000 (600,000) 0
Women’s Bath Room
Renovations 681,000 (681,000) 0
Bernadette Guay Bldg. Roof 930,000
(930,000) 0
Asset Protection 2,500,000
(167,217) 2,332,783
Total - Institutional
Corrections 158,538,694
1,236,933 159,775,627
Community Corrections
General Revenues 16,284,251
(1,997,232) 14,287,019
Federal Funds 529,418
206,455 735,873
Total – Community
Corrections 16,813,669 (1,790,777) 15,022,892
Grand Total –
Corrections 186,497,239
(1,783,121) 184,714,118
Judiciary
Supreme Court
General Revenues
General Revenues 25,809,646
(1,228,600) 24,581,046
Defense of Indigents 3,065,689 0 3,065,689
Federal Funds 145,000
321,327 466,327
Restricted Receipts 1,184,111 300,255 1,484,366
Judicial HVAC 300,000
0 300,000
Garrahy
Lighting and Ceiling 900,000
72,948 972,948
Asset Protection 500,000
(64,317) 435,683
Total - Supreme Court 31,904,446 (598,387) 31,306,059
Judicial Tenure and
Discipline
General Revenues 115,432 13,660 129,092
Superior Court
General Revenues 20,157,910
(517,491) 19,640,419
Federal Funds 100,000
30,000 130,000
Total - Superior Court 20,257,910 (487,491) 19,770,419
Family Court
General Revenues 18,148,020
(462,611) 17,685,409
Federal Funds 1,694,312
416,302 2,110,614
Total - Family Court 19,842,332 (46,309) 19,796,023
District Court
General Revenues 10,264,212
(138,664) 10,125,548
Restricted Receipts 0 264,920 264,920
Total - District Court 10,264,212 126,256 10,390,468
Traffic Tribunal
General Revenues 7,439,091 130,937 7,570,028
Workers' Compensation
Court
Restricted Receipts 7,526,297 48,566 7,574,863
Grand Total – Judiciary
97,349,720 (812,768) 96,536,952
Military Staff
National Guard
General Revenues 1,681,849 (40,856) 1,640,993
Military Funerals 0 149,426 149,426
Federal Funds 9,399,739
1,120,292 10,520,031
Restricted Receipts 160,000 30,000 190,000
Federal Armories Fire
Code Comp. 12,500 59,395 71,895
AMC – Roof Replacement 1,100,000 321,661 1,421,661
State Armories Fire
Code Comp. 75,000 134,753 209,753
Asset Protection 220,500
141,902 362,402
Logistics/Maint Facilities Fire Code 7,500
50,000 57,500
Quonset Point Hangar 0 501,675 501,675
Schofield Armory
Rehabilitation 0 10,500 10,500
Total - National Guard 12,657,088 2,478,748 15,135,836
Emergency Management
General Revenues 2,058,099 (273,258) 1,784,841
Federal Funds 13,549,284
12,717,613 26,266,897
Restricted Receipts 155,321 1,512 156,833
Total - Emergency
Management 15,762,704 12,445,867 28,208,571
Grand Total - Military
Staff 28,419,792 14,924,615 43,344,407
Public Safety
Central Management
General Revenues 514,329 112,040 626,369
Federal Funds 4,340,421
2,890,372 7,230,793
Restricted Receipts 133,000 0 133,000
Total – Central
Management 4,987,750
3,002,412 7,990,162
E-911 Emergency
Telephone System
General Revenues 4,994,940 65,925 5,060,865
Federal Funds 400,000
337,819 737,819
E-911
Grand Total - E-911
Emergency Telephone System 5,449,940
348,744 5,798,684
State Fire Marshal
General Revenues 2,614,889 (81,161) 2,533,728
Federal Funds 24,000
1,547,399 1,571,399
Grand Total - State
Fire Marshal 2,638,889 1,466,238 4,105,127
Capitol Police
General Revenues 3,744,088 (219,454) 3,524,634
General Revenues 431,195 (58,481) 372,714
Federal Funds 66,000
107,602 173,602
Grand Total -
State Police
General Revenues 54,528,653
(11,990,025) 42,538,628
General
Revenues 54,528,653
(31,990,025) 22,538,628
Federal Funds 1,401,699
3,282,301 4,684,000
Stimulus – State
Fiscal Stabilization 0 10,000,000 10,000,000
Stimulus
– State Fiscal Stabilization 0
30,000,000 30,000,000
Restricted Receipts 301,000 401,000 702,000
Barracks & Training
750,000
(204,327) 545,673
State Police New
Headquarters 8,000,000 0 8,000,000
Parking Area
Improvements 225,000
(225,000) 0
Statewide Microwave
Upgrade 2,470,000 0 2,470,000
Headquarters Sewer
Project 0 300,000 300,000
Traffic Enforcement -
Municipal Training 152,157 (45,007) 107,150
Lottery Commission
Assistance 142,844 26,301 169,145
Airport Corporation 144,700 42,765 187,465
Road Construction
Reimbursement 2,391,544 (524,404) 1,867,140
Grand Total - State
Police 70,507,597
1,063,604 71,571,201
Grand Total – Public
Safety 87,825,459 5,710,665 93,536,124
Office of Public
Defender
General Revenues 9,468,259 (150,212) 9,318,047
Federal Funds 248,470
77,121 325,591
Grand Total - Office of
Public Defender 9,716,729 (73,091) 9,643,638
Environmental
Management
Office of the Director
General Revenues 5,539,371 (792,444) 4,746,927
Federal Funds 536,513
(15,000) 521,513
Restricted Receipts 2,681,835
(81,683) 2,600,152
Total – Office of the
Director 8,757,719 (889,127) 7,868,592
Natural Resources
General Revenues 18,853,058
(644,264) 18,208,794
Federal Funds 21,581,338
(708,742) 20,872,596
Restricted Receipts 3,542,167 124,491 3,666,658
DOT Recreational
Projects 71,126 322 71,448
Blackstone Bikepath Design 980,329
125,345 1,105,674
Dam Repair 0
76,458 76,458
Recreational Facilities
Improvement 1,030,000 865,639 1,895,639
Total - Natural
Resources 47,308,018
22,679 47,330,697
Environmental Protection
General Revenues 11,386,955
(331,314) 11,055,641
Federal Funds 11,317,587
1,796,708 13,114,295
Restricted Receipts 10,187,873 (2,940,546) 7,247,327
Rose Hill Superfund
Site 0 151,851 151,851
Retrofit Heavy Duty
Diesel Vehicle 0 400,000 400,000
Total - Environmental
Protection 32,892,415 (923,301) 31,969,114
Grand Total -
Environmental Management 88,958,152 (1,789,749) 87,168,403
Coastal Resources
Management Council
General Revenues 1,877,703 156,651 2,034,354
Federal Funds 1,453,450
205,659 1,659,109
Restricted Receipts 250,000 145,000 395,000
Grand Total - Coastal
Resources Mgmt. Council 5,236,662 (1,148,199)
4,088,463
State Water Resources
Board
General Revenues 1,378,002 (25,956) 1,352,046
Restricted Receipts 0 109,817 109,817
Big River Management
Area 100,000 0 100,000
Grand Total - State
Water Resources Board 1,478,002 83,861
1,561,863
Transportation
Central Management
Federal Funds 17,371,666
(4,666,118) 12,705,548
Other Funds
Gasoline Tax 1,916,115
(5,493) 1,910,622
Total - Central
Management 19,287,781
(4,671,611) 14,616,170
Management and Budget
Other Funds
Gasoline Tax 2,162,403
(810,467) 1,351,936
Total - Management and
Budget 2,162,403 (810,467) 1,351,936
Infrastructure
Engineering
Federal Funds 246,065,687
27,298,241 273,363,928
Restricted Receipts 1,447,246 2,754 1,450,000
Gasoline Tax 46,424,931
888,769 47,313,700
Land
Highway Logo Program 100,000 0 100,000
State Infrastructure
Bank 1,343,714
44,270 1,387,984
RIPTA - Land and Buildings
4,774,023 0 4,774,023
Total - Infrastructure
Engineering 305,774,060 24,615,575 330,389,635
Infrastructure
Maintenance
Gasoline Tax 39,335,813
4,971,428 44,307,241
Non-Land Surplus
Property 15,000 0 15,000
Outdoor Advertising 264,323 235,677 500,000
Utility Permit
Applications 1,000,000
(1,000,000) 0
Radio System Upgrade 0 335,000 335,000
Cherry Hill/Lincoln
Facility 625,000
0 625,000
Maintenance Facilities
Improvements 0 200,000 200,000
Salt Storage Facilities
700,000 (75,000) 625,000
Total - Infrastructure
Maintenance 42,802,136 3,805,105 46,607,241
Grand Total –
Transportation 370,026,380
22,938,602 392,964,982
Statewide Totals
General Revenues 3,276,156,221
(247,403,005) 3,028,753,216
General Revenues 3,276,156,221
(243,857,075) 3,032,299,146
Federal Funds 1,997,927,181
391,404,281 2,389,331,462
Federal
Funds 1,997,927,181
414,926,754 2,412,853,935
Restricted Receipts 152,502,978 732,857 153,235,835
Other Funds 1,492,467,822
159,426,675 1,651,894,497
Statewide Grand
Total 6,919,054,202
304,160,808 7,223,215,010
Statewide
Grand Total 6,919,054,202
331,229,211 7,250,283,413
SECTION 2. Each line
appearing in Section 1 of this Article shall constitute an
appropriation.
SECTION 3.
Notwithstanding any provisions of Chapter 1-42 in Title 39 of the Rhode
Island General Laws, the Public Utilities Commission
shall transfer the sum of one hundred
eighty three thousand two hundred forty six dollars
($183,246) from the Dual Party Phone Relay
Fund to the General Fund by June 30, 2009.
SECTION 4. The State
Controller is hereby authorized to pool the amount established as
escrows for workers compensation claims from defunct
companies and transfer $700,000 of the
$1.2 million balance to General Fund surplus by June
30, 2009.
SECTION 5. (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
2009 FY 2009 FY 2009
Account Enacted
Change Final
State Assessed Fringe
Benefit Internal Service Account 28,747,957 10,019,803 38,767,760
Administration Central
Utilities Internal Service Account 24,635,247 (113,892) 24,521,355
State Central Mail
Internal Service Account 5,605,880
(155,285) 5,450,595
State Telecommunications
Internal Service Account 2,847,323 568,362 3,415,685
State Automotive Fleet
Internal Service Account 14,610,172 (542,117) 14,068,055
State Fleet Replacement
Revolving Loan Fund 2,500,000 2,300,000 4,800,000
Capital Police Internal
Service Account 586,142 158,080 744,222
Health Insurance
Internal Service Fund 257,686,908 20,416,007 278,102,915
MHRH Central Pharmacy
Internal Service Account 9,241,973 (334,961) 8,907,012
MHRH Laundry Services
Internal Service Account 1,125,579 94,386 1,219,965
Corrections General
Services & Warehouse
Internal
Service Account 262,296 6,487,971
6,750,267
Correctional Industries
Internal Service Account 7,489,514 (285,781) 7,203,733
SECTION 6. Departments
and agencies listed below may not exceed the number of full-
time equivalent (FTE) positions shown below in any pay
period. Full-time equivalent positions
do not include seasonal or intermittent positions
whose scheduled period of employment does not
exceed twenty-six consecutive weeks or whose scheduled
hours do not exceed nine hundred and
twenty-five (925) hours, excluding overtime, in a
one-year period. Nor do they include
individuals engaged in training, the completion of
which is a prerequisite of employment.
Provided, however, that the Governor or designee,
Speaker of the House of Representatives or
designee, and President of the Senate or designee may
authorize an adjustment to any limitation.
Prior to the authorization, the State Budget Officer
shall make a detailed written recommendation
to the Governor, the Speaker of the House, and the
President of the Senate. A copy of the
recommendation and authorization to adjust shall be
transmitted to the chairman of the House
Finance Committee, the chairman of the Senate Finance
Committee, the House Fiscal Advisor
and the Senate Fiscal Advisor.
No agency or department
may employ contracted employees or employee services where
the contracted employees would work under state
employee supervisors without determination of
need by the Director of Administration acting upon the
positive recommendations of the Budget
Officer and the Personnel Administrator and 15 days
after a public hearing.
Nor may any agency or
department contract for services replacing work done by state
employees at that time without determination of need
by the Director of Administration acting
upon the positive recommendations of the Budget
Officer and the Personnel Administrator and 30
days after a public hearing.
State employees whose
funding is from non-state general revenue funds that are time
limited shall receive limited term appointment with
the term limited to the availability of the non-
state general revenue funding source.
FTE POSITION AUTHORIZATION
Departments and
Agencies Full-Time
Equivalent
Administration 955.8
845.6
Business Regulation 97.0
91.0
Labor and Training 407.2
395.3
Revenue 464.0
410.0
Legislature 297.9
Office of the Lieutenant
Governor 8.0
Secretary of State 57.0
55.0
General Treasurer 86.0 83.0
Board of Elections 14.0
12.0
Office of the Governor 39.0
Commission for Human
Rights 14.5
Public Utilities
Commission 44.0
Office of Health and
Human Services 92.2
85.1
Children, Youth, and
Families 738.5
694.0
Elderly Affairs 35.0
32.0
Health 413.5
409.6
Human Services 994.4
884.6
Mental Health,
Retardation, and Hospitals 1,534.6
1,352.4
Office of the Child
Advocate 5.8
5.7
Commission on the Deaf
and Hard of Hearing 3.0
RI Developmental
Disabilities Council -
Governor's Commission on
Disabilities 4.6
4.0
Office of the Mental
Health Advocate 3.7
Elementary and Secondary
Education 140.2
128.4
School for the Deaf 65.8
50.0
Davies Career and
Technical School 133.0
Office of Higher
Education 21.1
20.4
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 2504.1
2451.9
Provided that 602.0 of
the total authorization would be available only for positions that are
supported
by third-party funds.
917.5
894.6
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 833.2
813.1
Provided that 100.0 of
the total authorization would be available only for positions that are
supported
by third-party funds.
8.6
7.6
RI Atomic Energy
Commission 8.6
Higher Education
Assistance Authority 42.6
Historical Preservation
and Heritage Commission 16.6
Public
Telecommunications Authority 20.0
18.0
Office of the Attorney
General 231.1
Corrections 1,515.0
1,423.0
Judicial 729.3
Military Staff 103.0
101.0
Public Safety 414.5
396.1
Office of the Public
Defender 93.5
91.0
Environmental Management
473.0
409.0
Coastal Resources
Management Council 30.0
Water Resources Board 6.0
Transportation 729.2
691.2
Total 15,358.6
14,474.9
Provided further
that, as of October 1, 2008, the total filled positions shall not exceed
14,958.6.
SECTION 7. This article shall take effect upon passage.
ARTICLE 2
RELATING
TO INTERFUND BORROWING
SECTION 1. Section
35-3-23 of the General Laws in Chapter 35-3 entitled “State
Budget” is hereby amended to read as follows:
35-3-23. Interfund transfers. -- (a) The governor may
make an interfund transfer to the
general fund.
Prior to making an interfund transfer the governor
shall give five (5) days written
notification of the proposed interfund
transfer to 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 minority leader of the senate, and the
minority leader of the house.
An interfund
transfer must comply with this section. An interfund
transfer can be made
under the following circumstances and on the following
conditions:
(1) The governor must
make the findings that:
(i)
All cash in the general fund, including the payroll clearing account, has been
or is
about to be exhausted;
(ii) The anticipated
cash expenditures exceed the anticipated cash available.
(2) The governor may
make an interfund transfer to the general fund from
the:
(i)
Temporary disability fund created in § 28-39-4; and/or
(ii) Intermodal
surface transportation fund created in § 35-4-11 and/or.
(iii) Tobacco
settlement financing trust fund created in § 42-133-9.
(3) Once in each
fiscal quarter from each fund the governor may make an interfund
transfer. The
fund(s) from which money is transferred must be made whole by June 30th in
the
same fiscal year as the transfer is made September 30th of the following fiscal year. A
subsequent
transfer from a fund shall not be made until at least
six (6) months after the fund has been made
whole from the previous transfer.
(4) The interfund transfer may be made notwithstanding the
provisions of §§ 28-37-3 and
28-39-4.
SECTION
2. This article shall take effect upon passage.
ARTICLE 3
RELATING
TO CLEAN WATER FINANCE AGENCY
SECTION
1. Section 46-12.2-2 of the General Laws in Chapter 46-12.2 entitled
"Rhode
Island Clean Water Finance
Agency" is hereby amended to read as follows:
46-12.2-2.
Definitions. -- As used in this chapter, unless the context clearly
indicates
otherwise, the following words and phrases shall have
the following meanings:
(1) "Agency"
means the
(2) "Approved
project" means any project or portion thereof that has been issued a
certificate of approval by the department for
financial assistance from the agency;
(3) "Board"
means board of directors of the agency;
(4) "Bond
act" means any general or special law authorizing a local governmental
unit to
incur indebtedness for all or any part of the cost of
projects coming within the scope of a water
pollution abatement project, including but not limited
to section 45-12-2;
(5) "Bonds"
means bonds, notes, or other evidence of indebtedness of the agency;
(6) "Certificate
of approval" means the certificate of approval contemplated by section
46-12.2-8;
(7) "Chief
executive officer" means the mayor in any city, the president of the town
council in any town, and the executive director of any
authority or commission, unless some other
officer or body is designated to perform the functions
of a chief executive officer under any bond
act or under the provisions of a local charter or
other law;
(8) "Clean Water
Act" or "act" means the Federal Water Pollution Control Act, act
of
June 30, 1948, ch. 758, as
added Oct. 18, 1972, Pub. L. No. 92-500, 86 Stat. 896, as added Dec.
27, 1977, Pub. L. No. 95-217, 91 Stat. 1566 (codified
at 33 U.S.C. section 1251 et seq., as
amended and as hereafter amended from time to time);
(9) "Cost" as
applied to any approved project, means any or all costs, whenever incurred,
approved by the agency in accordance with section
eight of this chapter, of planning, designing,
acquiring, constructing, and carrying out and placing
the project in operation, including, without
limiting the generality of the foregoing, amounts for
the following: planning, design, acquisition,
construction, expansion, improvement and
rehabilitation of facilities; acquisition of real or
personal property; demolitions and relocations; labor,
materials, machinery and equipment;
services of architects, engineers, and environmental
and financial experts and other consultants;
feasibility studies, plans, specifications, and
surveys; interest prior to and during the carrying out
of any project and for a reasonable period thereafter;
reserves for debt service or other capital or
current expenses; costs of issuance of local
governmental obligations issued to finance the
obligations including, without limitation, fees,
charges, and expenses and costs of the agency
relating to the loan evidenced thereby, fees of
trustees and other depositories, legal and auditing
fees, premiums and fees for insurance, letters or
lines of credit or other credit facilities securing
local governmental obligations and other costs, fees,
and charges in connection with the
foregoing; and working capital, administrative
expenses, legal expenses, and other expenses
necessary or incidental to the aforesaid, to the
financing of a project and to the issuance therefor
of local government obligations under the provisions
of this chapter;
(10)
"Department" means the department of environmental management;
(11) "Financial
assistance" means any form of financial assistance other than grants
provided by the agency to a local governmental unit in
accordance with this chapter for all or any
part of the cost of an approved project, including,
without limitation, temporary and permanent
loans, with or without interest, guarantees,
insurance, subsidies for the payment of debt service on
loans, lines of credit, and similar forms of financial
assistance; provided, however,
notwithstanding the foregoing, for purposes of the
State Revolving Fund Capitalization Grants
appropriated pursuant to the American Recovery and
Reinvestment Act of 2009 (P.L. 111-5),
financial assistance shall also include principal
forgiveness and negative interest loans;
(12) "Fully
marketable form" means a local governmental obligation in form
satisfactory
to the agency duly executed and accompanied by an
opinion of counsel of recognized standing in
the field of municipal law whose opinions have been
and are accepted by purchasers of like
obligations to the effect that the obligation is a
valid and binding obligation of the local
governmental unit issuing the obligation, enforceable
in accordance with its terms;
(13) "General
revenues" , when used with reference to a local governmental unit, means
revenues, receipts, assessments, and other moneys of
the local governmental unit received from
or on account of the exercise of its powers and all
rights to receive the same, including without
limitation:
(i)
Taxes,
(ii) Wastewater system
revenues,
(iii) Assessments upon
or payments received from any other local governmental unit
which is a member or service recipient of the local
governmental unit, whether by law, contract,
or otherwise,
(iv) Proceeds of local
governmental obligations and loans and grants received by the
local governmental unit in accordance with this
chapter,
(v) Investment
earnings,
(vi) Reserves for debt
service or other capital or current expenses,
(vii) Receipts from any
tax, excise, or fee heretofore or hereafter imposed by any general
or special law all or a part of the receipts of which
are payable or distributable to or for the
account of the local governmental unit,
(viii) Local aid
distributions, and
(ix) Receipts,
distributions, reimbursements, and other assistance received by or for the
account of the local governmental unit from the
instrumentality thereof;
(14) "Loan"
means a loan by the agency to a local governmental unit for costs of an
approved project, including, without limitation,
temporary and permanent loans, and lines of
credit;
(15) "Loan
agreement" means any agreement entered into by the agency with a local
governmental unit pertaining to a loan, other
financial assistance, or local governmental
obligations including, without limitation, a loan
agreement, trust agreement, security agreement,
reimbursement agreement, guarantee agreement, or
similar instrument;
(16) "Local aid
distributions" means receipts, distributions, reimbursements, and other
assistance payable by the state to or for the account
of a local governmental unit, except such
receipts, distributions, reimbursements, and other
assistance restricted by law to specific
statutorily defined purposes;
(17) "Local
governmental obligations" means bonds, notes, and other evidences of
indebtedness in fully marketable form issued by a
local governmental unit to evidence a loan
from the agency in accordance with this chapter or
otherwise as provided herein;
(18) "Local
governmental unit" means any town, city, district, commission, agency,
authority, board, or other political subdivision or
instrumentality of the state or of any political
subdivision thereof responsible for the ownership or
operation of a water pollution abatement
project, including the
purposes of dam safety or dam maintenance projects,
any person seeking financial assistance as a
joint applicant with any of the above entities;
(19) "Local
interest subsidy trust fund" means the local interest subsidy trust fund
established under section 46-12.2-6;
(20) "Person"
means any natural or corporate person, including bodies politic and
corporate, public departments, offices, agencies,
authorities, and political subdivisions of the
state, corporations, societies, associations, and
partnerships, and subordinate instrumentalities of
any one or more political subdivisions of the state;
(21) "Priority
determination system" means the system by which water pollution
abatement projects are rated on the basis of
environmental benefit and other criteria for funding
assistance pursuant to rules and regulations
promulgated by the department as they may be
amended from time to time;
(22)
"Revenues" , when used with reference to the agency, means any
receipts, fees,
payments, moneys, revenues, or other payments received
or to be received by the agency in the
exercise of its corporate powers under this chapter,
including, without limitation, loan
repayments, payments on local governmental
obligations, grants, aid, appropriations, and other
assistance from the state, the
either or of a political subdivision thereof, bond
proceeds, investment earnings, insurance
proceeds, amounts in reserves, and other funds and
accounts established by or pursuant to this
chapter or in connection with the issuance of bonds,
including, without limitation, the water
pollution control revolving fund, the
local interest subsidy fund, and any other fees, charges
or other income received or receivable by
the agency;
(23) "
water pollution control revolving fund established
pursuant to section 46-12.2-6;
(24) "Trust
agreement" means a trust agreement, loan agreement, security agreement,
reimbursement agreement, currency or interest rate
exchange agreement, or other security
instrument, and a resolution, loan order, or other
vote authorizing, securing, or otherwise
providing for the issue of bonds, loans, or local
governmental obligations;
(25) "Wastewater
system revenues" means all rates, rents, fee assessments, charges, and
other receipts derived or to be derived by a local
governmental unit from wastewater collection
and treatment facilities and water pollution abatement
projects under its ownership or control, or
from the services provided thereby, including, without
limitation, proceeds of grants, gifts,
appropriations, and loans, including the proceeds of
loans or grants awarded by the agency or the
department in accordance with this chapter, investment
earnings, reserves for capital and current
expenses, proceeds of insurance or condemnation, and
the sale or other disposition of property;
wastewater system revenues may also include rates,
rents, fees, charges, and other receipts
derived by the local governmental unit from any water
supply of distribution facilities or other
revenue producing facilities under its ownership or control;
wastewater system revenues shall not
include any ad valorem taxes
levied directly by the local governmental unit on any real and
personal property;
(26) "Water
pollution abatement project" or "project" means any wastewater
treatment or
conveyance project that contributes to removal,
curtailment, or mitigation of pollution of the
surface water of the state, and conforms with any
applicable comprehensive land use plan which
has been adopted or any dam safety or dam maintenance
project; it also means a project to
enhance the waters of the state, which the agency has
been authorized by statute to participate in;
(27) "Water
pollution control revolving fund" means the water pollution control
revolving fund contemplated by title VI of the Water
Quality Act and established under section
46-12.2-6;
(28) "Water
Quality Act" means the Water Quality Act of 1987, Pub. L. No. 100-4, 101
Stat. 7, 33 U.S.C. section 1251 et seq., as amended
from time to time.
SECTION
2. Section 46-12.8-2 of the General Laws in Chapter 46-12.8 entitled
"Water
Projects Revolving Loan
Fund" is hereby amended to read as follows:
46-12.8-2.
Definitions. -- (a) "Agency" means the
agency.
(b) "Approved
project" means any project or portion thereof of a governmental unit or
privately organized water supplier that has been
issued a certificate of approval by the department
for assistance through the agency.
(c)
"Department" means the department of health.
(d) "Local
governmental obligations" means bonds, notes or other evidences of
indebtedness in fully marketable form issued by a
governmental unit to evidence a loan from the
agency in accordance with this chapter or otherwise as
provided herein.
(e) "Local
governmental unit" means any town, city, district, commission, agency,
authority, board of other political subdivision or
instrumentality of the state or of any political
subdivision thereof responsible for the ownership or operation
of water supply facilities within
the state.
(f) "Obligations
of private water companies" means bonds, notes or other evidences of
indebtedness, of private water companies, in fully
marketable form.
(g) "Privately
organized water supplier" means any water company not owned or
operated by a local governmental unit, existing under
the laws of the state, and in the business of
operating a safe drinking water facility.
(h) "Water supply
facility or facilities" means water reservoirs, wells and well sites,
transmission or distribution system, any and all real
estate or interests in real estate held in
connection therewith, all equipment and improvements
held in connection therewith, and any
property or interests therein, real, personal or
mixed, used or held on to be used in connection
therewith.
(i)
"Financial assistance" means any form of financial assistance other
than grants
provided by the agency to a local governmental unit or
private water company in accordance with
this chapter for all or any part of the cost of an
approved project, including, without limitation,
temporary and permanent loans, with or without
interest, guarantees, insurance, subsidies for the
payment of debt service on loans, lines of credit, and
similar forms of financial assistance;
provided, however, notwithstanding the foregoing, for
purposes of the State Revolving Fund
Capitalization Grants appropriated pursuant to the
American Recovery and Reinvestment Act of
2009 (P.L. 111-5), financial assistance shall also
include principal forgiveness and negative
interest loans.
SECTION 3. This act shall take effect upon passage.
ARTICLE
4
RELATING
TO RETIREE HEALTH CARE TRUST FUND
SECTION 1. Sections 36-12.1-5, 36-12.1-12, 36-12.1-13, 36-12.1-15, 36-12.1-18
and
36-12.1-19 of the General
Laws in Chapter 36-12.1 entitled “Retiree Health Care Trust Fund” are
hereby amended to read as
follows:
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
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 2010. 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.
36-12.1-12. 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
beginning in 2011, 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 on a schedule in accordance
with generally accepted accounting
principles,
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 2010,
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.
36-12.1-15. 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 2011 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.
36-12.1-18. Periodic
actuarial investigations and valuations. -- Every year beginning
with fiscal year 2009 2012 on a schedule in
accordance with generally accepted accounting
principles,
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
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 a
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 a
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, beginning in 2011. 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
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
§ 16-17.1-1 et seq., and in a manner consistent with
sound accounting and actuarial practice.
SECTION 2. Chapter
36-12.1 of the General Laws entitled “Retiree Health Care Trust
Fund” is hereby amended by adding thereto the
following section:
36-12.1-28.
Implementation. -- Notwithstanding any law to the contrary, the
provisions
of Chapter 36-12.1 entitled “Retiree Health Care Trust
Fund” shall be implemented by July 1,
2010.
SECTION
3. This article shall take effect upon passage.
ARTICLE 5
RELATING
TO UNEMPLOYMENT INSURANCE BENEFITS
SECTION
1. Section 28-44-14 of the General Laws in Chapter 28-44 entitled
“Employment Security –
Benefits” is hereby amended to read as follows:
28-44-14. Waiting
period. -- (a) Subject to the provisions of subsection (e) of this
section, the waiting period of any individual shall be
either:
(1)
Seven (7) consecutive days, commencing with the Sunday of the week in which the
claimant filed a claim for benefits, during which that
individual is totally unemployed due to lack
of work; or
(2) Seven
(7) consecutive days, commencing with the Sunday of the week in which the
claimant filed a claim for benefits, during which that
individual is employed less than full time
due to lack of work and during which he or she has
earned remuneration for services performed
in an amount less than his or her weekly benefit rate;
provided, that no waiting period credit can
be given in either case if a disqualification has been
imposed with respect to the whole or any
portion of that seven (7) day period under § 28-44-12
or §§ 28-44-16 – 28-44-21.
(b) No
waiting period shall be given to any individual unless he or she has filed a
valid
claim in accordance with regulations adopted as
prescribed.
(c)
Benefits shall be payable to an eligible individual only for those weeks of his
or her
unemployment within a benefit year which occur
subsequent to one waiting period, which shall
be served at any time during the benefit year.
(d) No
period of total or partial unemployment shall be counted towards an
individual's
required waiting period if, with respect to any
portion of that period of unemployment, benefits
have been paid under the employment security or
temporary disability insurance acts of any other
state or of any similar acts of any foreign
government, or if benefits have been paid under the
Temporary Disability Insurance Act of this state or
under any similar acts of the
(e) In
the event that an individual's unemployment is due to a natural disaster or state
of
emergency, there shall be no waiting period.
(f) Notwithstanding
the provisions of this section, no waiting period shall be in effect
from the date of enactment of this article through
June 30, 2009.
SECTION
2. This article shall take effect upon passage.
ARTICLE 6
RELATING
TO TELECOMMUNICATIONS TAX
SECTION
1. Section 44-13-13 of the General Laws in Chapter 44-13 entitled “Public
Service Corporation Act” is
hereby amended to read as follows:
44-13-13. Taxation
of certain tangible personal property. -- The lines, cables,
conduits, ducts, pipes, machines and machinery,
equipment, and other tangible personal property
within this state of telegraph, cable, and
telecommunications corporations and express
corporations, used exclusively in the carrying on of
the business of the corporation shall be
exempt from local taxation; provided, that nothing in
this section shall be construed to exempt
any "community antenna television system
company" (CATV) from local taxation; and provided,
that the tangible personal property of companies
exempted from local taxation by the provisions
of this section shall be subject to taxation in the
following manner:
(1) Definitions.
Whenever used in this section and in §§ 44-13-13.1 and 44-13-13.2,
unless the context otherwise requires:
(i)
"Average assessment ratio" means the total assessed valuation as
certified on tax rolls
for the reference year divided by the full market
value of the valuation as computed by the Rhode
Island department of revenue in accordance with §
16-7-21;
(ii) "Average
property tax rate" means the statewide total property levy divided by the
statewide total assessed valuation as certified on tax
rolls for the most recent tax year;
(iii)
"Company" means any telegraph, cable, telecommunications, or express
company
doing business within the state of
(iv)
"Department" means the department of revenue;
(v)
"Population" shall mean the population as determined by the most
recent census;
(vi) "Reference
year" means the calendar year two (2) years prior to the calendar year
preceding that in which the tax payment provided for
by this section is levied;
(vii) "Value of
tangible personal property" of companies means the net book value of
tangible personal property of each company doing
business in this state as computed by the
department of revenue. "Net book value"
means the original cost less accumulated depreciation;
provided, that no tangible personal property shall be
depreciated more than seventy-five percent
(75%) of its original cost.
(2) On or before March 1
of each year, each company shall declare to the department, on
forms provided by the department, the value of its
tangible personal property in the state of
(3) On or before April
1, 1982 and each April 1 thereafter of each year, the division of
property evaluation shall certify to the tax
administrator the average property tax rate, the average
assessment ratio, and the value of tangible personal
property of each company.
(4) The tax
administrator shall apply the average assessment ratio and the average tax rate
to the value of tangible personal property of each
company and, by April 15 of each year, shall
notify the companies of the amount of tax due. For
each filing relating to tangible personal
property as of December 31, 2008 and thereafter the tax
rate applied by the tax administrator shall
be not less than the rate applied in the prior year.
(5) The tax shall be due
and payable within sixty (60) days of the mailing of the notice by
the tax administrator. If the entire tax is not paid
to the tax administrator when due, there shall be
added to the unpaid portion of the tax, and made a
part of the tax, interest at the rate provided for
in § 44-1-7 from the date the tax was due until the
date of the payment. The amount of any tax,
including interest, imposed by this section shall be a
debt due from the company to the state, shall
be recoverable at law in the same manner as other
debts, and shall, until collected, constitute a
lien upon all the company's property located in this
state.
(6) The proceeds from
the tax shall be allocated in the following manner:
(i)
Payment of reasonable administrative expenses incurred by the department of
revenue,
not to exceed three quarters of one percent (.75%),
the payment to be identified as general
revenue and appropriated directly to the department;
(ii) The remainder of
the proceeds shall be deposited in a restricted revenue account and
shall be apportioned to the cities and towns within
this state on the basis of the ratio of the city or
town population to the population of the state as a
whole. Estimated revenues shall be distributed
to cities and towns by July 30 and may be recorded as
a receivable by each city and town for the
prior fiscal year.
SECTION
2. This article shall take effect as of March 31, 2009.
ARTICLE 7
RELATING
TO STATE AID
SECTION 1. Section 42-61.2-7 of the General Laws in Chapter 42-61.2 entitled
“Video
Lottery Terminal” is hereby
amended to read as follows:
42-61.2-7. Division
of revenue. -- (a) Notwithstanding the provisions of § 42-61-15, the
allocation of net terminal income derived from video
lottery games is as follows:
(1)
For deposit in the general fund and to the state lottery division fund for
administrative purposes: Net terminal income not
otherwise disbursed in accordance with
subdivisions (a)(2) – (a)(6) herein;
(i) Except for the fiscal year ending June 30, 2008,
nineteen one hundredths of one
percent (0.19%) up to a maximum of twenty million
dollars ($20,000,000) shall be equally
allocated to the distressed communities as defined in
§ 45-13-12 provided that no eligible
community shall receive more than twenty-five percent
(25%) of that community's currently
enacted municipal budget as its share under this
specific subsection. Distributions made under
this specific subsection are supplemental to all other
distributions made under any portion of
general laws § 45-13-12. For the fiscal year ending
June 30, 2008 distributions by community
shall be identical to the distributions made in the
fiscal year ending June 30, 2007 and shall be
made from general appropriations. For the fiscal year
ending June 30, 2009, the total state
distribution shall be the same total amount distributed
in the fiscal year ending June 30, 2008 and
shall be made from general appropriations.
(ii)
Five one hundredths of one percent (0.05%) up to a maximum of five million
dollars ($5,000,000) shall be appropriated to property
tax relief to fully fund the provisions of §
44-33-2.1. The maximum credit defined in subdivision
44-33-9(2) shall increase to the maximum
amount to the nearest five dollar ($5.00) increment
within the allocation until a maximum credit
of five hundred dollars ($500) is obtained. In no
event shall the exemption in any fiscal year be
less than the prior fiscal year.
(iii)
One and twenty-two one hundredths of one percent (1.22%) to fund § 44-34.1-1,
entitled "Motor Vehicle and Trailer Excise Tax Elimination
Act of 1998", to the maximum
amount to the nearest two hundred fifty dollar ($250)
increment within the allocation. In no event
shall the exemption in any fiscal year be less than
the prior fiscal year.
(iv)
Except for the fiscal year ending June 30, 2008, ten one hundredths of one
percent
(0.10%) to a maximum of ten million dollars
($10,000,000) for supplemental distribution to
communities not included in paragraph (a)(1)(i) above distributed proportionately on the basis of
general revenue sharing distributed for that fiscal
year. For the fiscal year ending June 30, 2008
distributions by community shall be identical to the
distributions made in the fiscal year ending
June 30, 2007 and shall be made from general
appropriations. For the fiscal year ending June 30,
2009, the total state distribution shall be the
same total amount distributed in the fiscal year
ending June 30, 2008 and shall be made from general
appropriations no funding shall be
disbursed.
(2) To
the licensed video lottery retailer:
(a)
Prior to the effective date of the NGJA Master Contract, Newport Jai Ali
twenty-six
percent (26%) minus three hundred eighty four thousand
nine hundred ninety-six dollars
($384,996);
(ii)
On and after the effective date of the NGJA Master Contract, to the licensed
video
lottery retailer who is a party to the NGJA Master
Contract, all sums due and payable under said
Master Contract minus three hundred eighty four
thousand nine hundred ninety-six dollars
($384,996).
(b)
Prior to the effective date of the UTGR Master Contract, to the present
licensed
video lottery retailer at
eight and eighty-five one hundredths percent (28.85%)
minus seven hundred sixty-seven
thousand six hundred eighty-seven dollars ($767,687);
(ii)
On and after the effective date of the UTGR Master Contract, to the licensed
video
lottery retailer who is a party to the UTGR Master
Contract, all sums due and payable under said
Master Contract minus seven hundred sixty-seven
thousand six hundred eighty-seven dollars
($767,687).
(3) To
the technology providers who are not a party to the GTECH Master Contract as
set forth and referenced in Public Law 2003, Chapter
32, seven percent (7%) of the net terminal
income of the provider's terminals;
(ii)
To contractors who are a party to the Master Contract as set forth and
referenced in
Public Law 2003, Chapter 32, all sums due and payable
under said Master Contract;
(iii)
Notwithstanding paragraphs (i) and (ii) above, there
shall be subtracted
proportionately from the payments to technology
providers the sum of six hundred twenty-eight
thousand seven hundred thirty-seven dollars
($628,737);
(4) To
the city of
income of authorized machines at Newport Grand and to
the town of
hundreths (1.26%) of net terminal income of authorized machines
at
(5) To
the Narragansett Indian Tribe, seventeen hundredths of one percent (0.17%) of
net terminal income of authorized machines at
dollars ($10,000,000) per year, which shall be paid to
the Narragansett Indian Tribe for the
account of a Tribal Development Fund to be used for
the purpose of encouraging and promoting:
home ownership and improvement, elderly housing, adult
vocational training; health and social
services; childcare; natural resource protection; and
economic development consistent with state
law. Provided, however, such distribution shall
terminate upon the opening of any gaming facility
in which the Narragansett Indians are entitled to any
payments or other incentives; and provided
further, any monies distributed hereunder shall not be
used for, or spent on previously contracted
debts.
(6)
Unclaimed prizes and credits shall remit to the general fund of the state;
(7)
Payments into the state's general fund specified in subdivisions (a)(1) and
(a)(6)
shall be made on an estimated monthly basis. Payment
shall be made on the tenth day following
the close of the month except for the last month when
payment shall be on the last business day.
SECTION
2. Section 45-13-1 of the General Laws in Chapter 45-13 entitled “State Aid”
is hereby amended to read
as follows:
45-13-1.
Apportionment of annual appropriation for state aid. -- (a) As used in
this
chapter, the following words and terms have the
following meanings:
(1)
"Population" means the most recent estimates of population for each
city and town
as reported by the
(2)
"Income" means the most recent estimate of per-capita income for a
city, town or
county as reported by the
(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
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
and provided further that the reference year
for distributions made in fiscal year 2008-2009 shall
be the fourth fiscal year preceding the
beginning of the fiscal year 2008-2009.
(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, 2010 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).
(f)
For the fiscal year ending June 30, 2009, the total amount of aid shall be
fifty-four
million six hundred ninety-nine thousand three dollars
($54,699,003) the total amount of
aid shall
be twenty-five million dollars ($25,000,000) with such
distribution allocated proportionately on the
same basis as the original enactment of general
revenue sharing for FY 2009.
SECTION 3. This article shall take effect upon passage.
ARTICLE 8
RELATING
TO ENERGY REVOLVING FUND
SECTION
1. Section 37-8-17.2 of the General Laws in Chapter 37-8 entitled “Public
Buildings” is hereby
repealed in its entirety.
37-8-17.2.
Energy revolving fund. – (a) There is hereby created as a
separate fund
within the treasury the energy revolving 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. The fund
shall consist of such sums as the state may from time
to time appropriate, as well as money
received from the federal government, gifts, bequests,
donations, utility provided subsidies, or
otherwise from any public or private source, which
money is intended to implement and
encourage energy efficiency and cost reduction
measures in state and municipal owned and
leased facilities or alternative fuel vehicles.
(b) All money placed
in the energy revolving fund shall be made available to make loans
for the purchase of or lease of alternative fuel
vehicles the implementation of energy conservation
and energy cost reduction measures, water
conservation, and water and sewer cost reduction
measures in facilities and buildings owned or leased
by the state of
owned by municipal governments. This funding will
become available to municipal governments
on January 1, 1999.
(c) Loans made under
the provisions of this section may be made directly, or in
cooperation with other lenders or any agency,
department, or bureau of the federal government or
state of
be deposited in and returned to the energy revolving
fund, to constitute a continuing revolving
fund for the purposes listed above.
(d) The
administration shall adopt rules and regulations
consistent with the purposes of this chapter and
chapter 35 of title 42, administrative procedures,
which provide for an orderly and equitable
disbursement and repayment of funds.
SECTION
2. Any balances remaining in the energy revolving fund as of June 30, 2008
shall be transferred to the
general fund.
SECTION
3. This article shall take effect as of June 30, 2008.
ARTICLE
9
RELATING
TO REVENUES
SECTION 1. Sections 31-3.1-6, 31-3.1-11, 31-3.1-12, 31-3.1-19, and 31-3.1-20 of
the
General Laws in Chapter
31-3.1 entitled “Certificates of Title and Security Interests” are hereby
amended to read as follows:
31-3.1-6. Issuance
and records. -- (a) The division of motor vehicles shall file each
application received and, when satisfied as to its
genuineness and regularity and that the applicant
is entitled to the issuance of a certificate of title,
shall issue, upon payment of a fee of twenty-five
dollars ($25.00) fifty dollars ($50.00), a certificate of title of the vehicle.
(b)
The division of motor vehicles shall maintain a record of all certificates of
title
issued by it:
(1) Under
a distinctive title number assigned to the vehicle;
(2)
Under the identifying number of the vehicle;
(3)
Alphabetically, under the name of the owner; and
(4) At the discretion of
the division of motor vehicles, in any other method it
determines.
(c)
Title searches, lien searches, and other transactions not cited and involving
titles
shall be conducted upon payment of a fee of twenty-five
dollars ($25.00) fifty dollars ($50.00).
31-3.1-11. Lost,
stolen or mutilated certificates. -- (a) If a certificate of title is
lost,
stolen, mutilated, destroyed, or becomes illegible,
the first lienholder or, if none, the owner or
legal representative of the owner named in the certificate,
as shown by the records of the division
of motor vehicles, shall promptly apply for and may
obtain a duplicate upon furnishing
information satisfactory to the division of motor
vehicles and pay a twenty-five dollar ($25.00)
fifty dollar ($50.00) fee. The duplicate certificate of title shall contain the
legend "this is a
duplicate certificate and may be subject to the rights
of a person under the original certificate." It
shall be mailed to the first lienholder
named in it or, if none, to the owner.
(b) The
division of motor vehicles shall not issue a certificate of title to a
transferee
upon application made on a duplicate until fifteen
(15) days after receipt of the application.
(c) A
person recovering an original certificate of title for which a duplicate has
been
issued shall promptly surrender the original
certificate to the division of motor vehicles.
(d) A
person applying for a duplicate title may designate an automobile dealer as the
designated recipient of the duplicate title provided,
that there is no current lien holder and the
applicant/owner signs an affidavit stating that the
vehicle has been sold or traded to the dealer in
such form as designated by the administrator of the
division of motor vehicles.
31-3.1-12. Transfer.
-- (a) If the owner transfers his or her interest in a vehicle, other
than by the creation of a security interest, he or she
shall, at the time of the delivery of the
vehicle, execute an assignment and warranty of title
to the transferee in the space provided for it
on the certificate or as the division of motor
vehicles prescribes, and cause the certificate and
assignment to be mailed or delivered to the transferee
or to the division of motor vehicles.
(b)
Except as provided in § 31-3.1-13, the transferee shall, promptly after
delivery to
him or her of the vehicle, execute the application for
a new certificate of title in the space
provided for it on the certificate or as the division of
motor vehicles prescribes, and cause the
certificate and application to be mailed or delivered
to the division of motor vehicles.
(c) Upon request
of the owner or transferee, a lienholder in
possession of the certificate
of title shall, unless the transfer was a breach of
his or her security agreement, either deliver the
certificate to the transferee for delivery to the
division of motor vehicles or upon receipt from the
transferee of the owner's assignment, the transferee's
application for a new certificate, the
registration card, license plates and the required fee
of twenty-five dollars ($25.00) fifty dollars
($50.00),
mail or deliver them to the division of motor vehicles. The delivery of the
certificate
does not affect the rights of the lienholder
under his or her security agreement.
(d) If a
security interest is reserved or created at the time of the transfer, the
certificate
of title shall be retained by or delivered to the
person who becomes the lienholder, and the parties
shall comply with the provisions of § 31-3.1-20.
(e) Except as
provided in § 31-3.1-13 and as between the parties, a transfer by an owner
is not effective until the provisions of this section
and § 31-3.1-15, have been complied with.
However, an owner who has delivered possession of the
vehicle to the transferee and has
complied with the provisions of this section and §
31-3.1-15, requiring action by him or her, is
not liable as owner for any subsequent damages
resulting from operation of the vehicle.
(f) The
administrator of the division of motor vehicles shall prescribe and/or approve
a
power-of-attorney form which complies with §
408(d)(1)(C) of the Motor Vehicle Information
and Cost Savings Act, 49 U.S.C. § 32705(b)(2), as
amended, and any regulations promulgated
pursuant to it, and this form may be used in
connection with transfers of title under this section to
the full extent permitted by federal law.
31-3.1-19. Perfection
of security interests. -- (a) Unless excepted by § 31-3.1-18, a
security interest in a vehicle of a type for which a
certificate of title is required is not valid against
creditors of the owner or subsequent transferees or lienholders of the vehicle unless perfected as
provided in this chapter.
(b) A security
interest is perfected by the delivery to the division of motor vehicles of the
existing certificate of title, if any, an application
for a certificate of title containing the name and
address of the lienholder, and
the date of his or her security agreement. A security interest may
also be perfected by the execution of a security lien
statement and the required fee of twenty-five
dollars ($25.00)
fifty dollars ($50.00) and registration card.
(c) If a vehicle
is subject to the security interest when brought into this state, the validity
of the security interest is determined by the law of
the jurisdiction where the vehicle was when
the security interest attached, subject to the
following:
(1) If the parties
understood at the time the security interest attached that the vehicle
would be kept in this state and it was brought into
this state within the following thirty (30) days
for purposes other than transportation through this
state, the validity of the security interest in this
state is determined by the law of this state.
(2) If the security
interest was perfected under the law of the jurisdiction where the
vehicle was when the security interest attached, the
following rules apply:
(i)
If the name of the lienholder is shown on an existing
certificate of title issued by that
jurisdiction, his security interest continues
perfected in this state.
(ii) If the name
of the lienholder is not shown on an existing
certificate of title issued by
that jurisdiction, the security interest continues
perfected in this state for four (4) months after a
first certificate of title of the vehicle is issued in
this state and beyond that if, within the four (4)
month period, it is perfected in this state. The
security interest may also be perfected in this state
after the expiration of the four (4) month period. If
done at that time, perfection dates from the
time of perfection in this state.
(3) If the security
interest was not perfected under the law of the jurisdiction where the
vehicle was when the security interest attached, it
may be perfected in this state. If done at that
time, perfection dates from the time of perfection in
this state.
(4) A
security interest may be perfected under subsection (c)(2)(ii) or subsection
(c)(3)
either as provided in subsection (b), or by the lienholder delivering to the division of motor
vehicles a notice of security interest in the form the
division of motor vehicles prescribes and the
required fee.
31-3.1-20. Security
interest – Change of certificate. -- If an owner creates a security
interest in a vehicle:
(1) The
owner shall immediately execute the application, in the space provided for it
on
the certificate of title or on a separate form the
division of motor vehicles prescribes, to name the
lienholder on the certificate, showing the name and address of
the lienholder and the date of his
security agreement, and cause the certificate of application
and the required fee and registration
card to be delivered to the lienholder.
(2) The lienholder shall immediately cause the certificate,
application, and the required
fee and registration card to be mailed or delivered to
the division of motor vehicles.
(3) Upon request of the
owner or subordinate lienholder, a lienholder in possession of the
certificate of title shall either mail or deliver the
certificate to the subordinate lienholder for
delivery to the division of motor vehicles or, upon
receipt from the subordinate lienholder of the
owner's application and the required fee and
registration card, mail or deliver them to the division
of motor vehicles with the certificate. The delivery
of the certificate does not affect the rights of
the first lienholder under
his or her security agreement.
(4) Upon receipt
of the certificate of title, the application, the required fee of twenty-five
dollars ($25.00) fifty dollars ($50.00), and the registration card, the division
of motor vehicles
shall either endorse on the certificate or issue a new
certificate containing the name and address
of the new lienholder, and
mail the certificate to the first lienholder named in
it.
SECTION 2. Section 31-8-4 of the General Laws in Chapter 31-8 entitled
“Offenses
Against Registration and
Certificate of Title Laws” is hereby amended to read as follows:
31-8-4. Suspension
or revocation of registration or certificate of title. -- (a) The
division of motor vehicles is authorized to suspend or
revoke the registration of a vehicle or a
certificate of title, registration card, or
registration plate, or any nonresident or other permit, in
any of the following events:
(1) When the division of
motor vehicles is satisfied that the registration or that the
certificate, card, plate, or permit was fraudulently
or erroneously issued;
(2) When the division of
motor vehicles determines that a registered vehicle is
mechanically unfit or unsafe to be operated or moved upon
the highways;
(3) When a
registered vehicle has been dismantled or wrecked;
(4) When the division of
motor vehicles determines that the required fee has not been
paid and the fee is not paid upon reasonable notice
and demand;
(5) When a registration
plate or permit is knowingly displayed upon a vehicle other than
the one for which issued;
(6) When the division of
motor vehicles determines that the owner has committed any
offense under chapters 3 – 9 of this title involving the
registration or the certificate, card, plate, or
permit to be suspended or revoked; or
(7) When the division of
motor vehicles is so authorized under any other provision of
law.
(8) Upon receipt or
notice the carrier and/or operator of a commercial motor vehicle has
violated or is not in compliance with 49 CFR 386.72 or
49 CFR 390.5 et seq. of the motor carrier
safety regulation or chapter 23 of this title.
(b) Upon removal
of cause for which the registration or certificate of title was revoked,
denied or suspended, the division of motor vehicles
shall require the registrant or applicant to pay
a restoration fee of fifty dollars ($50.00) two
hundred and fifty dollars ($250.00).
SECTION
3. Section 31-11-10 of the General Laws in Chapter 31-11 entitled
“Suspension or Revocation
of Licenses - Violations” is hereby amended to read as follows:
31-11-10. Reinstatement
after revocation or suspension. -- (a) Any person whose
license or privilege to drive a motor vehicle on the
public highways has been revoked or
suspended shall not be entitled to have a license or
privilege renewed or restored unless the
revocation or suspension was for a cause which has
been removed. After the expiration of the
term of the revocation or suspension he or she may
apply to be restored to his or her right to
drive, but the division of motor vehicles shall not
grant the application unless and until it is
satisfied after investigation of the driving ability of
the person that it will be safe to license him or
her to drive a motor vehicle on the public highways
and it has received a reinstatement fee of
seventy-five dollars ($75.00) one hundred and fifty dollars ($150.00). The
reinstatement fee and
assessment fee shall not be required by any person
whose license was suspended on the basis of
physical or mental fitness and who has later been
declared competent to operate a motor vehicle.
(b) Any person whose
license has been suspended on the basis of physical or mental
fitness shall have the right to request review at any
time of the suspension determination in
accordance with the hearing procedures of § 31-11-7(d)
– (f).
(c) If the license or
privilege to drive a motor vehicle on the public highways has been
revoked or suspended as a result of a violation of
sections 31-27-2, 31-27-2.1, 31-27-2.2 or
31-27-2.6 the reinstatement fee shall be three hundred
and fifty ($350.00) dollars.
SECTION
4. Sections 31-46-2 and 31-46-3 of the General Laws in Chapter 31-46
entitled “Rhode Island
Salvage Law” are hereby amended to read as follows:
31-46-2. Salvage
by insurer. -- If the insurance company sells the motor vehicle for any
reason, it shall make application for a salvage
certificate of title. The division of motor vehicles
shall issue the salvage certificate of title on a form
prescribed for by the administrator of the
division of motor vehicles, that shall be of a color
easily distinguished from the original
certificate of title, and shall bear the same number
and information as the original certificate of
title. The salvage certificate of title shall be
assigned by the insurance company to a salvage
dealer or any other person for use as evidence of
ownership upon the sale or other disposition of
the salvage motor vehicle, and the title shall be
assignable to any other person. The division of
motor vehicles shall charge the insurance company a
fee of twenty-five dollars ($25.00) fifty
dollars ($50.00) for the cost of processing each salvage certificate title.
31-46-3. Salvage
by non-insurer. -- If the total cost of repairs to rebuild or
reconstruct
the motor vehicle to its condition immediately before
it was wrecked, destroyed or damaged, and
for legal operations on the roads or highways, exceeds
seventy-five percent (75%) of the fair
market value of the motor vehicle immediately
preceding the time it was wrecked, destroyed or
damaged, and the motor vehicle is less than seven (7)
years beyond the date of manufacture, the
owner shall return within ten (10) days to the
division of motor vehicles, the certificate of title of
that vehicle and obtain a salvage certificate of title
for that vehicle as prescribed for by the
administrator of the division of motor vehicles. For
the purposes of this section, "fair market
value" shall mean the retail value of a motor
vehicle as set forth in a current edition of any
nationally recognized compilation of retail values,
including automated databases, or from
publications commonly used by the automotive industry
to establish the values of motor vehicles,
or determined pursuant to market survey of comparable
vehicles with regard to condition and
equipment. If any person, individual, or corporation
or other owner sells the motor vehicle for any
reason, that owner shall make application for a
salvage certificate of title. The division of motor
vehicles shall issue the salvage certificate of title
on a form prescribed by the administrator of the
division of motor vehicles that shall be of a color
easily distinguished from the original certificate
of title and shall bear the same number and
information as the original certificate of title. The
administrator of the division of motor vehicles shall
charge the owner a fee of twenty-five dollars
($25.00) fifty
dollars ($50.00) for the cost of processing each salvage certificate of
title.
SECTION
5. Section 44-19-10.2 of the General Laws in Chapter 44-19 entitled “Sales
and Use Taxes - Enforcement
and Collection” are hereby amended to read as follows:
44-19-10.2. Floor
stock tax on inventory. -- (a) A floor tax is imposed on the inventory
of stamped packages of cigarettes held for sale in
this state at 12:01 A.M. on July 1, 2005, other
than the inventory of cigarettes offered for sale to a
consumer at retail April 10, 2009.
The floor
tax will apply to the stamped cigarette inventory of
distributors. and dealers but not to the
inventory of retail sellers to the extent the
inventory is held for retail sale. If a distributor or dealer
also sells at the retail level, the stamped inventory
held for sale at a retail location shall not be
included in the inventory subject to the floor tax. In addition, the floor tax will apply to any
unaffixed tax stamps in the possession of a distributor or
dealer at 12:01 A.M. on July 1, 2005
April 10, 2009
that had been issued prior to that date. The inventory necessary to account for
the
floor tax must be taken as of the close of business on
June 30, 2005 April 9, 2009.
(b) The floor tax shall
be computed in the same manner as the prepayment of sales tax on
cigarettes as set forth in subsection 44-19-10.1(a);
provided, that credit shall be allowed for any
sales tax paid on said cigarettes or unaffixed tax stamps prior to April 10, 2009.
SECTION
6. Sections 44-20-12 and 44-20-13 of the General Laws in Chapter 44-20
entitled “Cigarette Tax”
are hereby amended to read as follows:
44-20-12. Tax imposed on cigarettes sold. -- A tax is imposed on
all cigarettes sold or
held for sale in the state. The payment of the tax to
be evidenced by stamps, which may be
affixed only by licensed distributors to the packages
containing such cigarettes. Any cigarettes on
which the proper amount of tax provided for in this
chapter has been paid, payment being
evidenced by the stamp, is not subject to a further
tax under this chapter. The tax is at the rate of
one hundred twenty-three (123) one hundred seventy-three (173) mills for each
cigarette.
44-20-13. Tax
imposed on unstamped cigarettes. -- A tax is imposed at the rate of one
hundred twenty-three (123) one hundred seventy-three (173) mills for each
cigarette upon the
storage or use within this state of any cigarettes not
stamped in accordance with the provisions of
this chapter in the possession of any consumer within
this state.
SECTION
7. Chapter 44-20 of the General Laws entitled “Cigarette Tax” is hereby
amended by adding thereto
the following section:
44-20-12.3. Floor
stock tax on cigarettes and stamps. -- (a) Whenever used in this
section, unless the context requires otherwise:
(1)
"Cigarette" means and includes any cigarette as defined in §
44-20-1(2);
(2)
"Person" means and includes each individual, firm, fiduciary,
partnership,
corporation, trust, or association, however formed.
(b) Each person
engaging in the business of selling cigarettes at retail in this state shall
pay a tax or excise to the state for the privilege of
engaging in that business during any part of the
calendar year 2009. In calendar year 2009, the tax
shall be measured by the number of cigarettes
held by the person in this state at 12:01 a.m. on
April 10, 2009 and is computed at the rate of fifty
(50.0) mills for each cigarette on April 10, 2009.
(c) Each distributor
licensed to do business in this state pursuant to this chapter shall pay
a tax or excise to the state for the privilege of
engaging in business during any part of the calendar
year 2009. The tax is measured by the number of
stamps, whether affixed or to be affixed to
packages of cigarettes, as required by § 44-20-28. In
calendar year 2009 the tax is measured by
the number of stamps, as defined in § 44-20-1(10), whether
affixed or to be affixed, held by the
distributor at 12:01 a.m. on April 10, 2009, and is
computed at the rate of fifty (50.0) mills per
cigarette in the package to which the stamps are
affixed or to be affixed.
(d) Each person
subject to the payment of the tax imposed by this section shall, on or
before April 20, 2009, file a return with the tax
administrator on forms furnished by him or her,
under oath or certified under the penalties of
perjury, showing the amount of cigarettes or stamps
in that person's possession in this state at 12:01
a.m. on April 10, 2009, and the amount of tax
due, and shall at the time of filing the return pay
the tax to the tax administrator. Failure to obtain
forms shall not be an excuse for the failure to make a
return containing the information required
by the tax administrator.
(e) The tax
administrator may promulgate rules and regulations, not inconsistent with
law, with regard to the assessment and collection of
the tax imposed by this section.
SECTION
8. Section 44-20-13.2 of the General Laws in Chapter 44-20 entitled
"Cigarette Tax"
is hereby amended to read as follows:
44-20-13.2. Tax
imposed on smokeless tobacco, cigars, and pipe tobacco products. --
(a) A tax is imposed on all smokeless tobacco, cigars,
and pipe tobacco products sold or held for
sale in the state by any person, the payment of the
tax to be accomplished according to a
mechanism established by the administrator, division
of taxation, department of administration.
Any tobacco product on which the proper amount of tax
provided for in this chapter has been
paid, payment being evidenced by a stamp, is not
subject to a further tax under this chapter. The
tax imposed by this section shall be as follows:
(1) At the rate of forty
percent (40%) eighty percent (80%) of the wholesale cost of
cigars, pipe tobacco products and smokeless tobacco
other than snuff.
(2) Notwithstanding the
forty percent (40%) eighty percent (80%) rate in subsection (a)
above, in the case of cigars, the tax shall not exceed
fifty cents ($.50) for each cigar.
(3) At the rate of one
dollar ($1.00) per ounce of snuff, and a proportionate tax at the like
rate on all fractional parts of an ounce thereof. Such
tax shall be computed based on the net
weight as listed by the manufacturer, provided,
however, that any product listed by the
manufacturer as having a net weight of less than 1.2
ounces shall be taxed as if the product has a
net weight of 1.2 ounces.
(b) The proceeds
collected are paid into the general fund.
SECTION 9. Section
44-17-1 of the General Laws in Chapter 44-17 entitled “Taxation
of Insurance Companies” is hereby amended to read as
follows:
44-17-1. Companies
required to file -- Payment of tax -- Retaliatory rates. [Effective
January 1, 2009.] -- (a) Every domestic, foreign, or alien insurance
company, mutual
association, organization, or other insurer, including
any health maintenance organization, as
defined in section 27-41-1, any nonprofit dental
service corporation as defined in section 27-20.1-
2 and any nonprofit hospital or medical service
corporation, as defined in chapters 27-19 and 27-
20, except companies mentioned in section 44-17-6, and
organizations defined in section 27-25-1,
transacting business in this state, shall, on or
before March 1 in each year, file with the tax
administrator, in the form that he or she may
prescribe, a return under oath or affirmation signed
by a duly authorized officer or agent of the company,
containing information that may be deemed
necessary for the determination of the tax imposed by
this chapter, and shall at the same time pay
an annual tax to the tax administrator of two percent (2%)
of the gross premiums on contracts of
insurance, except:
(1) Entities subject
to chapters 27-19, 27-20, and 27-20.1 shall pay the following: one
and three quarters percent (1.75%) of the gross
premiums on contracts of insurance, excluding
any business related to the administration of programs
under Title XIX of the Social Security Act,
42 U.S.C.; provided, further, notwithstanding any
provision of the law to the contrary, installment
payments shall equal at least ninety percent (90%) of
estimated liability in the first year; or
(2) Health
maintenance organizations as defined in section 27-41-1, shall pay the
following: one and three quarters percent (1.75%) of
the gross premiums on contracts of
insurance, excluding any business related to the
administration of programs under Title XIX of
the Social Security Act, 42 U.S.C.; provided, further,
notwithstanding any provision of the law to
the contrary, installment payments shall equal at
least ninety percent (90%) of estimated liability
in the first year; or
(3) Ocean marine
insurance, as referred to in section 44-17-6, covering property and
risks within the state, written during the calendar
year ending December 31st next preceding, but
in the case of foreign or alien companies, except as
provided in section 27-2-17(d) the tax is not
less in amount than is imposed by the laws of the
state or country under which the companies are
organized upon like companies incorporated in this
state or upon its agents, if doing business to
the same extent in the state or country.
SECTION
10. Sections 46-12.9-8 and 46-12.9-11 of the General Laws in Chapter 46-
12.9 entitled “Rhode Island
Underground Storage Tank Financial Responsibility Act” are hereby
amended to read as follows:
46-12.9-8.
Review board. -- (a) There is hereby authorized, created and
established the
"underground storage tank review board," to
approve, modify, or deny disbursements to eligible
parties and to have such other powers as are provided
herein.
(b) The review board
shall consist of nine (9) members, as follows: the director of the
department of environmental management or his or her
designee who shall be a subordinate
within the department of environmental management. The
governor, with the advice and consent
of the senate, shall appoint eight (8) public members
one of whom shall have expertise and
experience in financial matters. In making these
appointments the governor shall give due
consideration to recommendations from the American
Petroleum Institute, the Independent Oil
Marketers Association, the Oil Heat Institute, the
Environment Council, the Independent Oil
Dealers Association and the
members will serve for a term of three (3) years
commencing on the day they are qualified. Any
vacancy which may occur on the board shall be filled
by the governor, with the advice and
consent of the senate, for the remainder of the unexpired term in the same manner as the
member's predecessor as prescribed in this section.
The members of the board shall be eligible to
succeed themselves. Members shall serve until their
successors are appointed and qualified. No
one shall be eligible for appointment unless he or she
is a resident of this state. The members of
the board shall serve without compensation. Those
members of the board as of the effective date
of this act [July 15, 2005] who were appointed to the
board by members of the general assembly
shall cease to be members of the board on the
effective date of this act, and the governor shall
thereupon nominate three (3) members, each of whom
shall serve the balance of the unexpired
term of his or her predecessor. Those members of the
board as of the effective date of this act
[July 15, 2005] who were appointed to the board by the
governor shall continue to serve the
balance of their current terms. Thereafter, the
appointments shall be made by the governor as
prescribed in this section.
(c) When claims are
pending, the review board shall meet at the call of the chair no less
than four (4) times per year. All meetings shall be held consistent with chapter
46 of title 42.
(d) The review board and
its corporate existence shall continue until terminated by law.
Upon termination of the existence of the review board,
all its rights and properties shall pass to
and be vested in the state.
(e) The review board
shall have the following powers and duties, together with all powers
incidental thereto or necessary for the performance of
those stated in this chapter:
(1) To elect or appoint
officers and agents of the review board, and to define their duties:
(2) To make and
alter bylaws, not inconsistent with this chapter, for the administration of
the affairs of the review board. Such bylaws may
contain provisions indemnifying any person
who is or was a director or a member of the review
board, in the manner and to the extent
provided in § 7-6-6 of the
(3) To approve and
submit an annual report within ninety (90) days after the end of each
fiscal year to the governor, the speaker of the house
of representatives, the president of the senate,
and the secretary of state, of its activities during
that fiscal year. The report shall provide: an
operating statement summarizing meetings or hearings
held, including meeting minutes, subjects
addressed, and decisions rendered; a summary of the
review board's actions, fees levied, collected
or received as prescribed in §§ 46-12.9-7 and
46-12.9-11, claims submitted, verified, approved,
modified, and denied as prescribed in § 46-12.9-7, and
reconsideration hearings held as
prescribed in § 46-12.9-9; a synopsis of any law suits
or other legal matters related to the
authority of the review board; and a summary of
performance during the previous fiscal year
including accomplishments, shortcomings and remedies;
a briefing on anticipated activities in the
upcoming fiscal year; and findings and recommendations
for improvements; and a summary of
any training courses held pursuant to subdivision
(f)(15) of this section. The report shall be posted
electronically as prescribed in § 42-20-8.2.
(4) To conduct a
training course for newly appointed and qualified members and new
designees of ex-officio members within six (6) months
of their qualification or designation. The
course shall be developed by the executive director,
approved by the board, and conducted by the
executive director. The board may approve the use of
any board or staff members or other
individuals to assist with training. The training
course shall include instruction in the following
areas: the provisions of chapters 46-12.9, 42-46,
36-14, and 38-2; and the boards rules and
regulations. The director of the department of
administration shall, within ninety (90) days of the
effective date of this act [July 15, 2005], prepare
and disseminate training materials relating to the
provisions of chapters 36-14, 38-2, and 42-46.
(f) Upon the passage of
this act and the appointment and qualification of the three (3)
new members prescribed in subsection (b) of this
section, the board shall elect from among its
members a chair. Thereafter, the board shall elect annually
in February a chair from among the
members. The board may elect from among its members
such other officers as it deems
necessary.
(g) Six (6)
members of the board shall constitute a quorum and the vote of the majority
of the members present shall be necessary and shall
suffice for any action taken by the board. No
vacancy in the membership of the board shall impair
the right of a quorum to exercise all of the
rights and perform all of the duties of the board.
(h) Members
of the board shall be removable by the governor pursuant to section 36-17
and removal solely for partisan or personal reasons
unrelated to capacity or fitness for the office
shall be unlawful.
46-12.9-11. 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 distribution shall nonetheless remit
to the tax administrator the regulatory fee
associated with the delivery. In accordance with the
regulations to be promulgated hereunder, the
fee shall be collected, reported, and paid to the
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
(b) Of
the one cent ($0.01) per gallon environmental protection regulatory fee
collected
by distributors of motor fuel and paid to the
($0.005) shall be deposited in the Intermodal
Surface Transportation Fund to be distributed
pursuant to § 31-36-20 and one-half cent ($0.005)
shall be paid to the underground storage tank
review board.
All fees derived under the provisions of this chapter All
environmental protection
regulatory fees paid to the review board, including tank registration fees assessed pursuant
to §
46-12.9-7(9), shall be paid to and received by
the review board, which shall keep such money in a
distinct interest bearing restricted receipt account to
the credit of and for the exclusive use of the
fund, 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.
In fiscal year 2009, all revenues generated
by the environmental protection regulatory fee up to a
maximum equivalent to two million two
hundred thirty-seven thousand five hundred dollars
($2,237,500) shall be deposited into the
Intermodal Surface Transportation Fund. All fees collected may be invested as provided by law
and all interest received on such investment shall be
credited to the fund.
(c) When the fund
reaches the sum of eight million dollars ($8,000,000), the imposition
of the fee set forth in this chapter shall be
suspended, and the division of taxation shall notify all
persons responsible for the collection, reporting and
payments of the fee of the suspension. In the
event that the account balance of the fund
subsequently is reduced to a sum less than five million
dollars ($5,000,000) as a result of fund activity, the
fee shall be reinstated by the division of
taxation, following proper notice thereof, and once
reinstated, the collection, reporting, and
payment of the fee shall continue until the account
balance again reaches the sum of eight million
dollars ($8,000,000).
(d) 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
11. Section 31-36-20 of the General Laws in Chapter 31-36 entitled “Motor
Fuel Tax” is hereby amended
to read as follows:
31-36-20. Disposition
of proceeds. -- (a) Notwithstanding any other provision of law to
the contrary, all moneys paid into the general
treasury under the provisions of this chapter or
chapter 37 of this title, and title 46 shall be
applied to and held in a separate fund and be
deposited in any depositories that may be selected by
the general treasurer to the credit of the
fund, which fund shall be known as the Intermodal Surface Transportation Fund; provided, that in
fiscal year 2004 for the months of July through April
six and eighty-five hundredth cents
($0.0685) per gallon of the tax imposed and accruing
for the liability under the provisions of §
31-36-7, less refunds and credits, shall be
transferred to the
as provided under § 39-18-21. For the months of May
and June in fiscal year 2004, the allocation
shall be five and five hundredth cents ($0.0505).
Thereafter, until fiscal year 2006, the allocation
shall be six and twenty-five hundredth cents
($0.0625). For fiscal year years 2006 and thereafter
through FY 2008, the allocation shall be seven and twenty-five hundredth cents
($0.0725);
provided, that expenditures shall include the costs of
a market survey of non-transit users and a
management study of the agency to include the
feasibility of moving the Authority into the
Department of Transportation, both to be conducted
under the auspices of the state budget officer.
The state budget officer shall hire necessary
consultants to perform the studies, and shall direct
payment by the Authority. Both studies shall be
transmitted by the Budget Officer to the 2006
session of the General Assembly, with comments from
the Authority. For fiscal year 2009 and
thereafter, the allocation shall be seven and
seventy-five hundredth cents ($0.775), of which one-
half cent ($0.005) shall be derived from the one cent
($0.01) per gallon environmental protection
fee pursuant to § 46-12.9-11. One cent ($0.01) per gallon shall be transferred to
the
Elderly/Disabled Transportation Program of the
department of elderly affairs, and the remaining
cents per gallon shall be available for general
revenue as determined by the following schedule:
(i) For the fiscal year 2000, three and one fourth cents
($0.0325) shall be available for
general revenue.
(ii)
For the fiscal year 2001, one and three-fourth cents ($0.0175) shall be
available for
general revenue.
(iii)
For the fiscal year 2002, one-fourth cent ($0.0025) shall be available for
general
revenue.
(iv)
For the fiscal year 2003, two and one-fourth cent ($0.0225) shall be available
for
general revenue.
(v)
For the months of July through April in fiscal year 2004, one and four-tenths
cents
($0.014) shall be available for general revenue. For
the months of May through June in fiscal year
2004, three and two-tenths cents ($0.032) shall be
available for general revenue, and thereafter,
until fiscal year 2006, two cents ($0.02) shall be
available for general revenue. For fiscal year
2006 and thereafter one cent ($0.01) shall be
available for general revenue.
(2)
All deposits and transfers of funds made by the tax administrator under this
section,
including those to the
the general fund, shall be made within twenty-four
(24) hours of receipt or previous deposit of the
funds in question.
(3) Commencing
in fiscal year 2004, the Director of the Rhode Island Department of
Transportation is authorized to remit, on a monthly or
less frequent basis as shall be determined
by the Director of the Rhode Island Department of
Transportation, or his or her designee, or at the
election of the Director of the Rhode Island
Department of Transportation, with the approval of
the Director of the Department of Administration, to
an indenture trustee, administrator, or other
third party fiduciary, in an amount not to exceed two
cents ($0.02) per gallon of the gas tax
imposed, in order to satisfy debt service payments on
aggregate bonds issued pursuant to a Joint
Resolution and Enactment Approving the Financing of
Various Department of Transportation
Projects adopted during the 2003 session of the
General Assembly, and approved by the
Governor.
(b)
Notwithstanding any other provision of law to the contrary, all other funds in
the
fund shall be dedicated to the department of
transportation, subject to annual appropriation by the
general assembly. The director of transportation shall
submit to the general assembly, budget
office and office of the governor annually an
accounting of all amounts deposited in and credited
to the fund together with a budget for proposed
expenditures for the succeeding fiscal year in
compliance with §§ 35-3-1 and 35-3-4. On order of the
director of transportation, the state
controller is authorized and directed to draw his or
her orders upon the general treasurer for the
payments of any sum or portion of the sum that may be
required from time to time upon receipt
of properly authenticated vouchers.
(c) At
any time the amount of the fund is insufficient to fund the expenditures of the
department of transportation, not to exceed the amount
authorized by the general assembly, the
general treasurer is authorized, with the approval of
the governor and the director of
administration, in anticipation of the receipts of
monies enumerated in § 31-36-20 to advance
sums to the fund, for the purposes specified in §
31-36-20, any funds of the state not specifically
held for any particular purpose. However, all the
advances made to the fund shall be returned to
the general fund immediately upon the receipt by the
fund of proceeds resulting from the receipt
of monies to the extent of the advances.
SECTION
12. Section 44-30-12 of the General Laws in Chapter 44-30 entitled
"Personal
Income Tax" is hereby
amended to read as follows:
44-30-12.
Island income of a resident individual means his or
her adjusted gross income for federal income
tax purposes, with the modifications specified in this
section.
(b) Modifications
increasing federal adjusted gross income. - There shall be added to
federal adjusted gross income:
(1) Interest income on
obligations of any state, or its political subdivisions, other than
(2) Interest or dividend
income on obligations or securities of any authority, commission,
or instrumentality of the
extent exempted by the laws of the
income taxes;
(3) The modification
described in section 44-30-25(g);
(4) (i) The amount defined below of a nonqualified withdrawal
made from an account in
the tuition savings program pursuant to section
16-57-6.1. For purposes of this section, a
nonqualified withdrawal is:
(A) A transfer or
rollover to a qualified tuition program under Section 529 of the Internal
Revenue Code, 26 U.S.C. section 529, other than to the
tuition savings program referred to in
section 16-57-6.1; and
(B) A withdrawal or
distribution which is:
(I) Not applied on a
timely basis to pay "qualified higher education expenses" as defined
in section 16-57-3(12) of the beneficiary of the
account from which the withdrawal is made;
(II) Not made for a
reason referred to in section 16-57-6.1(e); or
(III) Not made in other
circumstances for which an exclusion from tax made applicable
by Section 529 of the Internal Revenue Code, 26 U.S.C.
section 529, pertains if the transfer,
rollover, withdrawal or distribution is made within
two (2) taxable years following the taxable
year for which a contributions modification pursuant
to subdivision (c)(4) of this section is taken
based on contributions to any tuition savings program
account by the person who is the
participant of the account at the time of the
contribution, whether or not the person is the
participant of the account at the time of the
transfer, rollover, withdrawal or distribution;
(ii) In the event of a
nonqualified withdrawal under subparagraphs (i)(A) or
(i)(B) of this
subdivision, there shall be added to the federal
adjusted gross income of that person for the
taxable year of the withdrawal an amount equal to the
lesser of:
(A) The amount equal to
the nonqualified withdrawal reduced by the sum of any
administrative fee or penalty imposed under the
tuition savings program in connection with the
nonqualified withdrawal plus the earnings portion
thereof, if any, includible in computing the
person's federal adjusted gross income for the taxable
year; and
(B) The amount of the
person's contribution modification pursuant to subdivision (c)(4)
of this section for the person's taxable year of the
withdrawal and the two (2) prior taxable years
less the amount of any nonqualified withdrawal for the
two (2) prior taxable years included in
computing the person's
Any amount added to federal adjusted gross income
pursuant to this subdivision shall constitute
(5) The modification
described in section 44-30-25.1(d)(3)(i).
(6) The amount equal
to any unemployment compensation received but not included in
federal adjusted gross income.
(7) The amount equal
to the deduction allowed for sales tax paid for a purchase of a
qualified motor vehicle as defined by the Internal
Revenue Code section 164(a)(6).
(c) Modifications
reducing federal adjusted gross income. - There shall be subtracted
from federal adjusted gross income:
(1) Any interest income
on obligations of the
extent includible in gross income for federal income
tax purposes, and any interest or dividend
income on obligations, or securities of any authority,
commission, or instrumentality of the
from state income taxes under the laws of the
subtracted shall in any case be reduced by any
interest on indebtedness incurred or continued to
purchase or carry obligations or securities the income
of which is exempt from
personal income tax, to the extent the interest has
been deducted in determining federal adjusted
gross income or taxable income;
(2) A modification
described in section 44-30-25(f) or section 44-30-1.1(c)(1);
(3) The amount of any
withdrawal or distribution from the "tuition savings program"
referred to in section 16-57-6.1 which is included in
federal adjusted gross income, other than a
withdrawal or distribution or portion of a withdrawal
or distribution that is a nonqualified
withdrawal;
(4) Contributions made
to an account under the tuition savings program, including the
"contributions carryover" pursuant to
paragraph (iv) of this subdivision, if any, subject to the
following limitations, restrictions and
qualifications:
(i)
The aggregate subtraction pursuant to this subdivision for any taxable year of
the
taxpayer shall not exceed five hundred dollars ($500)
or one thousand dollars ($1,000) if a joint
return;
(ii) The following
shall not be considered contributions:
(A) Contributions made
by any person to an account who is not a participant of the
account at the time the contribution is made;
(B) Transfers or
rollovers to an account from any other tuition savings program account
or from any other "qualified tuition
program" under section 529 of the Internal Revenue Code, 26
U.S.C. section 529; or
(C) A change of the
beneficiary of the account;
(iii) The subtraction
pursuant to this subdivision shall not reduce the taxpayer's federal
adjusted gross income to less than zero (0);
(iv) The contributions
carryover to a taxable year for purpose of this subdivision is the
excess, if any, of the total amount of contributions
actually made by the taxpayer to the tuition
savings program for all preceding taxable years for
which this subsection is effective over the
sum of:
(A) The total of the
subtractions under this subdivision allowable to the taxpayer for all
such preceding taxable years; and
(B) That part of any
remaining contribution carryover at the end of the taxable year
which exceeds the amount of any nonqualified
withdrawals during the year and the prior two (2)
taxable years not included in the addition provided
for in this subdivision for those years. Any
such part shall be disregarded in computing the
contributions carryover for any subsequent
taxable year;
(v) For any taxable
year for which a contributions carryover is applicable, the taxpayer
shall include a computation of the carryover with the
taxpayer's
tax return for that year, and if for any taxable year
on which the carryover is based the taxpayer
filed a joint
jointly for a subsequent taxable year, the computation
shall reflect how the carryover is being
allocated between the prior joint filers; and
(5) The modification
described in section 44-30-25.1(d)(1).
(6) Amounts deemed
taxable income to the taxpayer due to payment or provision of
insurance benefits to a dependent, including a
domestic partner pursuant to chapter 12 of title 36
or other coverage plan.
(d) Modification for
subtracted from federal adjusted gross income (as the
case may be) the taxpayer's share, as
beneficiary of an estate or trust, of the
section 44-30-17.
(e) Partners. - The
amounts of modifications required to be made under this section by a
partner, which relate to items of income or deduction
of a partnership, shall be determined under
section 44-30-15.
SECTION
13. Section 10-16-4 of the General Laws in Chapter 10-16 entitled “Small
Claims and Consumer Claims”
is hereby amended to read as follows:
10-16-4. Filing
fee – Waiver of appeal. -- (a) The plaintiff shall pay into the court
an
entry fee of thirty dollars ($30.00) fifty
dollars ($50.00), of which ten dollars ($10.00) twenty
dollars ($20.00) shall be placed in a "small claims mediation fund restricted
receipt account"
together with an amount equal to the then prevailing
postal rate, for mailing notices in the case,
which shall be deemed the beginning of the action. The
"small claims mediation fund restricted
receipt account"
shall be established under the control of the state court director of finance;
the
chief judge of the district court shall be authorized
to retain pay for the services of qualified
mediators and to direct payment for such services
other related expenses from the "small claims
mediation fund restricted receipt account."
(b) The plaintiff shall
also file with his or her claim a written waiver of right of appeal.
SECTION
14. Section 9-29-1 of the General Laws in Chapter 9-29 entitled
"Fees" is
hereby amended to read as
follows:
9-29-1. District
court fees. -- (a) Every district court shall be allowed the following
fees
in full, to be taxed in the bill of costs in every
civil action:
(1) For the entry of
every small claim ............ $30.00 $50.00
(2) For the entry of
every other action ............$60.00
(3) For every writ of
execution ...................... $10.00
(b) In
addition to the fees set forth herein, a surcharge shall be placed on all
filing fees.
SECTION
15. Sections 5 through 8 of this article shall take effect on April 10, 2009.
Section 9 of this article
shall take effect upon passage and shall apply to tax years beginning on or
after January 1, 2009. The remainder
of this article shall take effect upon passage.
ARTICLE 10
RELATING
TO DEFERRED CONTRIBUTIONS
Section
1. Legislative Findings.
The
Governor's revised budget as contained in 09-H-5019, introduced January 7,
2009,
contained article 32 which
would have allowed inflation to reduce pensions of most state
employees and teachers that
did not retire prior to April 1, 2009 or their beneficiaries, by at least
half, and which would not
have allowed qualified retirees to fully access their pensions until age
59.
The
Assembly received testimony that indicated as many as 1,400 teachers and 1,600
state employees were
eligible and likely to retire by April 1, 2009.
The
Governor included savings of $112.3 million based upon passage of that
legislation,
consisting of $95.2 million
from state general revenues and $17.1 million from all other funds.
Those savings included
estimated savings by local educational agencies of $28.1 million of state
share of employer
contributions and $41.1 million of local share, all of which he recommended
withdrawing from local
education aid payments.
Those
estimates were included without benefit of the actuarial studies required by
sections 12.1-1 of Title 22
and 36-10-9 of Title 36 of the Rhode Island General Laws or
appropriate legal analysis
of the proposal.
The
Governor subsequently provided an actuarial study dated January 28 indicating
most
of the Governor's budgeted
savings are unachievable. The study reduced projected savings to
$39.2 million.
The
Governor subsequently requested an amendment to 09-H 5019 on March 9 that
would make the changes
apply to state employees and teachers that are not eligible to retire prior
to July 1 rather than those
that had not retired by April 1. He provided an actuarial study dated
February 25 that was based
upon the subsequently requested amendment that estimated savings
of $54.3 million.
The
Assembly finds that changes to public employee pension systems of the magnitude
the Governor recommended
should not be made without significant due diligence that would
include procurement and
review of actuarial analyses of options, testimony from taxpayers as
well as affected employees,
estimates of the impact on current and future workforces including
selection, recruitment and
retention of high quality public employees, and the impact said
changes might have on the
long-term fiscal condition of the State.
The
General Assembly shall perform such due diligence and shall amend 09-H 5983 to
include necessary
amendments to make changes to the public employee retirement systems
designed to be fair and
equitable to current employees, and reduce the future unfunded
liability of
the systems through benefit
changes. Those changes will produce significant savings for FY
2009.
SECTION
2. 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.
(3) Provided, that
the fiscal year 2009, the employer contribution shall be deferred from
April 2 until June 30, 2009. The amounts that would
have been contributed shall be deposited in a
special fund and not used for any purpose.
(c) The State of
the contribution for state employees, state police,
and judges on a payroll frequency basis, and for
teachers in a manner pursuant to section 16-16-22.
(d) (1) In accordance
with the intent of section 36-8-20 that the retirement system satisfy
the requirements of section 401(a) of the Internal
Revenue Code of 1986, the state shall pay to the
retirement system:
(i)
By June 30, 1995, an amount equal to the sum of the benefits paid to state
legislators
pursuant to section 36-10-10.1 in excess of ten
thousand dollars ($10,000) per member (plus
accrued interest on such amount at eight percent (8%))
for all fiscal years beginning July 1, 1991,
and ending June 30, 1995, but this amount shall be
paid only if section 36-10-10.1(e) becomes
effective January 1, 1995; and
(ii) By December 31,
1994, twenty million seven hundred eighty eight thousand eight
hundred twelve dollars and nineteen cents
($20,788,812.19) plus accrued interest on that amount
at eight percent (8%) compounded monthly beginning
March 1, 1991, and ending on the date this
payment is completed (reduced by amortized amounts
already repaid to the retirement system
with respect to the amounts withdrawn by the state
during the fiscal year July 1, 1990 -- June 30,
1991); and
(iii) By June 30, 1995,
the sum of the amounts paid by the retirement system for retiree
health benefits described in section 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
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.
(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.
(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
3. Section 16-16-22 of the General Laws in Chapter 16-16 entitled
"Teachers'
Retirement" is hereby
amended to read as follows:
16-16-22.
Contributions to state system. -- (a) Each member shall contribute into
the
system nine and one-half percent (9.5%) of
compensation as his or her share of the cost of
annuities, benefits, and allowances. The employer
contribution on behalf of teacher members of
the system shall be in an amount that will pay a rate percent
of the compensation paid to the
members, according to the method of financing
prescribed in the State Retirement Act in chapters
8 -- 10 of title 36. This amount shall be paid by the
state, and sixty percent (60%) by the city,
town, local educational agency, or any formalized
commissioner approved cooperative service
arrangement by whom the teacher members are employed,
with the exception of teachers who
work in federally funded projects. Provided, however,
that the rate percent paid shall be rounded
to the nearest hundredth of one percent (.01%).
(b) The employer
contribution on behalf of teacher members of the system who work in
fully or partially federally funded programs shall be
prorated in accordance with the share of the
contribution paid from the funds of the federal, city,
town, or local educational agency, or any
formalized commissioner approved cooperative service
arrangement by whom the teacher
members are approved.
(c) In case of the
failure of any city, town, or local educational agency, or any formalized
commissioner approved cooperative service arrangement
to pay to the state retirement system the
amounts due from it under this section within the time
prescribed, the general treasurer is
authorized to deduct the amount from any money due the
city, town, or local educational agency
from the state.
(d) The employer's
contribution shared by the state shall be paid in the amounts
prescribed in this section for the city, town, or
local educational agency and under the same
payment schedule. Notwithstanding any other provisions
of this chapter, the city, town, or local
educational agency or any formalized commissioner
approved cooperative service arrangement
shall remit to the general treasurer of the state the
local employer's share of the teacher's
retirement payments on a monthly basis, payable by the
fifteenth (15th) of the following month,
provided that the employer contribution from the
effective date of this act shall be deferred until
June 30, 2009. The amounts that would have been
contributed shall be deposited by the state in a
special fund and not used for any purpose. The general treasurer, upon receipt of the local
employer's share, shall effect transfer of a matching
amount of money from the state funds
appropriated for this purpose by the general assembly
into the retirement fund, provided that for
the period beginning April 2 to June 30 the general
treasurer shall not make such transfer.
Upon reconciliation of
the final amount owed to the retirement fund for the employer
share, the state shall ensure that any local education
aid reduction assumed for the FY 2009
revised budget in excess of the actual savings is
restored to the respective local entities.
(e) This section is not
subject to sections 45-13-7 through 45-13-10.
SECTION
4. Section 8-3-17 of the General Laws in Chapter 8-3 entitled "Justices of
Supreme,
8-3-17. State
contributions. -- The state of
the maintaining of the system established by section
8-3-16 and providing the annuities, benefits,
and retirement allowances in accordance with the
provisions of this chapter by annually
appropriating an amount which will pay a rate percent
of the compensation paid after December
31, 1989 to judges engaged after December 31, 1989.
Such rate percent shall be computed and
certified in accordance with the procedures set forth
in sections 36-8-13 and 36-10-2 under rules
and regulations promulgated by the retirement board
pursuant to section 36-8-3. Provided, that
the employer contribution from the effective date of
this act shall be deferred until June 30, 2009.
The amounts that would have been contributed shall be
deposited in a special fund and not used
for any purpose.
SECTION
5. Section 42-28-22.2 of the General Laws in Chapter 42-28 entitled "State
Police" is hereby
amended to read as follows:
for the maintaining of the system established by
section 42-28-22.1 and providing the annuities,
benefits, and retirement allowances in accordance with
the provisions of this chapter by annually
appropriating an amount which will pay a rate percent
of the compensation paid after July 1, 1989
to members of the state police hired after July 1,
1987. This rate percent shall be computed and
certified in accordance with the procedures set forth
in sections 36-8-13 and 36-10-2 under rules
and regulations promulgated by the retirement board
pursuant to section 36-8-3. Provided, that
the employer contribution from the effective date of
this act shall be deferred until June 30, 2009.
The amount that would have been contributed shall be
deposited in a special fund and not used
for any purpose.
SECTION
6. Section 35-6-1 of the General Laws in Chapter 35-6 entitled "Accounts
and
Control" is hereby
amended to read as follows:
35-6-1. Controller
-- Duties in general. -- (a) Within the department of administration
there shall be a controller who shall be appointed by
the director of administration pursuant to
chapter 4 of title 36. The controller shall be
responsible for accounting and expenditure control
and shall be required to:
(1) Administer a
comprehensive accounting and recording system which will classify the
transactions of the state departments and agencies in
accordance with the budget plan;
(2) Maintain control
accounts for all supplies, materials, and equipment for all
departments and agencies except as otherwise provided
by law;
(3) Prescribe a
financial, accounting, and cost accounting system for state departments
and agencies;
(4) Preaudit
all state receipts and expenditures;
(5) Prepare financial
statements required by the several departments and agencies, by the
governor, or by the general assembly;
(6) Approve the orders
drawn on the general treasurer; provided, that the preaudit
of all
expenditures under authority of the legislative
department and the judicial department by the state
controller shall be purely ministerial, concerned only
with the legality of the expenditure and
availability of the funds, and in no event shall the
state controller interpose his or her judgment
regarding the wisdom or expediency of any item or
items of expenditure;
(7) Prepare and timely
file, on behalf of the state, any and all reports required by the
department or agency of the state, with respect to the
state payroll; and
(8) Prepare a
preliminary closing statement for each fiscal year. The controller shall
forward the statement to the chairpersons of the house
finance committee and the senate finance
committee, with copies to the house fiscal advisor and
the senate fiscal and policy advisor, by
September 1 following the fiscal year ending the prior
June 30 or thirty (30) days after enactment
of the appropriations act, whichever is later. The
report shall include but is not limited to:
(i)
A report of all revenues received by the state in the completed fiscal year,
together
with the estimates adopted for that year as contained
in the final enacted budget, and together
with all deviations between estimated revenues and
actual collections. The report shall also
include cash collections and accrual adjustments;
(ii) A comparison of
actual expenditures with each of the actual appropriations,
including supplemental appropriations and other
adjustments provided for in the
General Laws;
(iii) A statement of
the opening and closing surplus in the general revenue account; and
(iv) A statement of the
opening surplus, activity, and closing surplus in the state budget
reserve and cash stabilization account and the state
bond capital fund.
(b) The controller
shall provide supporting information on revenues, expenditures,
capital projects, and debt service upon request of the
house finance committee chairperson, senate
finance committee chairperson, house fiscal advisor,
or senate fiscal and policy advisor.
(c) Upon issuance of the
audited annual financial statement, the controller shall provide a
report of the differences between the preliminary
financial report and the final report as contained
in the audited annual financial statement.
(d) Upon issuance of
the audited financial statement, the controller shall transfer all
general revenues received in the completed fiscal year
net of transfer to the state budget reserve
and cash stabilization account as required by section
35-3-20 in excess of those estimates adopted
for that year as contained in the final enacted budget
to the employees' retirement system of the
state of
(e) The controller
shall create a special fund not part of the general fund and shall deposit
amounts equivalent to all deferred contributions under
this act into that fund. Any amounts
remaining in the fund on June 30 shall be transferred
to the general treasurer who shall transfer
such amounts into the retirement fund as appropriate.
SECTION
7. Section 45-21-59 of the General Laws in Chapter 45-21 entitled
"Retirement of
Municipal Employees" is hereby amended to read as follows:
45-21-59. 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 of salary in
order to avoid shutdowns or 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).
(b) (1) For purposes of
subsection (a), reduction of salary means:
(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, 1994 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
8. Section 7 of this article shall take effect as of July 1, 2008. The
remainder
of this article shall take
effect upon passage.
ARTICLE
11
RELATING
TO THE
CORPORATION AND THE
CORPORATION
SECTION
1. Section 42-64-20 of the General Laws in Chapter 42-64 entitled "Rhode
Island Economic Development
Corporation" is hereby amended to read as follows:
42-64-20.
Exemption from taxation. -- (a) The exercise of the powers granted by
this
chapter will be in all respects for the benefit of the
people of this state, the increase of their
commerce, welfare, and prosperity and for the
improvement of their health and living conditions
and will constitute the performance of an essential
governmental function and the corporation
shall not be required to pay any taxes or assessments
upon or in respect of any project or of any
property or moneys of the
municipality or political subdivision of the state;
provided, that the corporation shall make
payments in lieu of real property taxes and
assessments to municipalities and political
subdivisions with respect to projects of the
corporation located in the municipalities and political
subdivisions during those times that the corporation
derives revenue from the lease or operation
of the projects. Payments in lieu of taxes shall be in
amounts agreed upon by the corporation and
the affected municipalities and political subdivisions.
Failing the agreement, the amounts of
payments in lieu of taxes shall be determined by the
corporation using a formula that shall
reasonably ensure that the amounts approximate the
average amount of real property taxes due
throughout the state with respect to facilities of a
similar nature and size. Any municipality or
political subdivision is empowered to accept at its
option an amount of payments in lieu of taxes
less than that determined by the corporation. If,
pursuant to section 42-64-13(f), the corporation
shall have agreed with a municipality or political
subdivision that it shall not provide all of the
specified services, the payments in lieu of taxes
shall be reduced by the cost incurred by the
corporation or any other person in providing the
services not provided by the municipality or
political subdivision.
(b) The corporation
shall not be required to pay state taxes of any kind, and the
corporation, its projects, property, and moneys and,
except for estate, inheritance, and gift taxes,
any bonds or notes issued under the provisions of this
chapter and the income (including gain
from sale or exchange) from these shall at all times
be free from taxation of every kind by the
state and by the municipalities and all political
subdivisions of the state. The corporation shall not
be required to pay any transfer tax of any kind on
account of instruments recorded by it or on its
behalf.
(c) For purposes of the
exemption from taxes and assessments upon or in respect of any
project under subsections (a) or (b) of this section,
the corporation shall not be required to hold
legal title to any real or personal property,
including any fixtures, furnishings or equipment which
are acquired and used in the construction and
development of the project, but the legal title may
be held in the name of a lessee (including sublessees) from the corporation. This property, which
shall not include any goods or inventory used in the
project after completion of construction, shall
be exempt from taxation to the same extent as if legal
title of the property were in the name of the
corporation; provided that the board of directors of
the corporation adopts a resolution confirming
use of the tax exemption for the project by the
lessee. No resolution shall be adopted without the
prior approval of the general assembly. Such resolution shall not take effect until thirty
(30) days
from passage.
The resolution shall include findings that: (1) the project is a project of the
corporation under section 42-64-3(20), and (2) it is
in the interest of the corporation and of the
project that legal title be held by the lessee from
the corporation. In adopting the resolution, the
board of directors may consider any factors it deems relevant
to the interests of the corporation or
the project including, for example, but without
limitation, reduction in potential liability or costs
to the corporation or designation of the project as a
"Project of Critical Economic Concern"
pursuant to Chapter 117 of this title.
(d) For purposes of
the exemption from taxes and assessments for any project of the
corporation held by a lessee of the corporation under
subsection (c) of this section, any such
project shall be subject to the following additional
requirements:
(1) The total sales
tax exemption benefit to the lessee will be implemented through a
reimbursement process as determined by the division of
taxation rather than an up-front purchase
exemption;
(2) The sales tax
benefits granted pursuant to RIGL 42-64-20(c) shall: (i)
only apply to
materials used in the construction, reconstruction or
rehabilitation of the project and to the
acquisition of furniture, fixtures and equipment,
except automobiles, trucks or other motor
vehicles, or materials that otherwise are depreciable
and have a useful life of one year or more,
for the project for a period not to exceed six (6)
months after receipt of a certificate of occupancy
for any given phase of the project for which sales tax
benefits are utilized; and (ii) not exceed an
amount equal to the income tax revenue received by the
state from the new full-time jobs with
benefits excluding project construction jobs,
generated by the project within a period of three (3)
years from after the receipt of a certificate of
occupancy for any given phase of the project. “Full-
time jobs with benefits” means jobs that require
working a minimum of thirty (30) hours per
week within the state, with a median wage that exceeds
by five percent (5%) the median annual
wage for the preceding year for full-time jobs in
labor and training with a benefit package that is
typical of companies within the lessee’s industry.
(3) The corporation
shall transmit the analysis required by RIGL 42-64-10(a)(2) to the
house and senate fiscal committee chairs, the
department of labor and training and the division of
taxation promptly upon completion. Annually
thereafter, the department of labor and training
shall certify to the house and senate fiscal committee
chairs, the house and senate fiscal advisors,
the corporation and the division of taxation the
actual number of new full-time jobs with benefits
created by the project, in addition to construction jobs,
and whether such new jobs are on target to
meet or exceed the estimated number of new jobs
identified in the analysis above. This
certification shall no longer be required when the
total amount of new income tax revenue
received by the state exceeds the amount of the sales
tax exemption benefit granted above. For
purposes of this section.
(4) The department of
labor and training shall certify to the house and senate fiscal
committee chairs and the division of taxation that
jobs created by the project are “new jobs” in
the state of
without a reduction of, those employees of the lessee
currently employed in
relocated from another facility of the lessee’s in
lessee as the result of a merger or acquisition of a
company already located in
Additionally, the corporation, with the assistance of
the lessee, the department of labor and
training, the department of human services and the
division of taxation shall provide annually an
analysis of whether any of the employees of the
project qualify for RIte Care or RIte
Share
benefits and the impact such benefits or assistance
may have on the state budget.
(5) Notwithstanding
any other provision of law, the division of taxation, the department
of labor and training and the department of human
services are authorized to present, review and
discuss lessee specific tax or employment information
or data with the corporation, the house and
senate fiscal committee chairs, and/or the house and
senate fiscal advisors for the purpose of
verification and compliance with this resolution; and
(6) The corporation
and the project lessee shall agree that, if at any time prior to the state
recouping the amount of the sales tax exemption
through new income tax collections from the
project, not including construction job income taxes,
the lessee will be unable to continue the
project, or otherwise defaults on its obligations to
the corporation, the lessee shall be liable to the
state for all the sales tax benefits granted to the
project plus interest, as determined in RIGL 44-1-
7, calculated from the date the lessee received the
sales tax benefits.
SECTION
2. Sections 45-37.1-9 and 45-37.1-9.1 of the General Laws in Chapter 45-37.1
entitled "Industrial
Facilities Corporation" are hereby amended to read as follows:
45-37.1-9.
Exemption from taxation. -- (a) The exercise of the powers granted by
this
chapter will be in all respects for the benefit of the
people of this state, for the increase of their
commerce, welfare and prosperity, and for the
improvement of their health and living conditions,
and will constitute the performance of an essential
government function, and the corporation is
not required to pay any taxes or assessments upon or
in respect of a project, or any property or
moneys of the corporation, levied by any municipality
or political subdivision of the state, nor is
the corporation required to pay state taxes of any
kind, and the corporation, its projects, property,
and moneys, and any bonds and notes issued under the
provisions of this chapter, their transfer
and the income from them, including any profit made on
their sale, are at all times free from
taxation of every kind by the state and by the
municipalities and all other political subdivisions of
the state, and the corporation is not required to pay
any transfer tax of any kind on account of
instruments recorded by or on its behalf or in
connection with the financing of any of its projects;
provided, that any person, partnership, corporation,
or concern leasing a project from the
corporation shall pay to the city, town, school
district, or other political subdivision or special
district having taxing powers, in which the project is
located, a payment in lieu of taxes which
equals the taxes on real and personal property which
the lessee would have been required to pay,
had it been the owner of the property during the
period for which the payment is made, and under
no circumstances are the corporation or its projects,
properties, money, bonds, or notes obligated,
liable, or subject to a lien of any kind for their
enforcement, collection, or payment; and provided,
further, that in the case of any person, partnership,
corporation, or concern leasing a project from
the corporation any such person, partnership,
corporation or concern so leased shall be exempt
from payment of state sales tax applicable to
materials used in construction of such a facility only
to the extent that the costs of such materials do not
exceed the amount financed through the
corporation and the exemption has the prior
approval of the general assembly.
(b) If and to the
extent the proceedings under which the bonds or notes authorized to be
issued under the provisions of this chapter so
provide, the corporation may agree to cooperate
with the lessee of a project in connection with any
administrative or judicial proceedings for
determining the validity or amount of payments, and
may agree to appoint or designate and
reserve the right in and for the lessee to take all
action which the corporation may lawfully take in
respect of those payments and all matters relating to
them, provided, that the lessee bears and pay
all costs and expenses of the corporation thereby
incurred at the request of the lessee or by reason
of any action taken by the lessee in behalf of the corporation.
Any lessee of a project, which has
paid the amounts in lieu of taxes required by the
first sentence of this section, is not required to
pay any taxes for which a payment in lieu thereof has
been made to the state or to any city, town,
school district, or other political subdivision or
special district having taxing powers,
notwithstanding any other statute to the contrary.
45-37.1-9.1.
Procedure. – (a) An exemption from payment of state sales tax
applicable
to materials used in construction of a facility only
to the extent that the costs of such materials do
not exceed the amount financed through the corporation
as required in section 45-37.1-9 shall be
deemed to have been approved by the general
assembly when the general assembly passes a
concurrent resolution of approval which the
corporation requests, that the exemption from
payment of state sales tax applicable to materials
used in construction of a facility only to the
extent that the costs of such materials do not exceed
the amount financed through the corporation,
be approved by the general assembly. These requests
shall be transmitted to the speaker of the
house and the president of the senate with copies to
the chairpersons of the respective finance
committees and fiscal advisors. The request for
approval shall include: authorized
thirty (30) days
from the date of the completion by the corporation of
an economic analysis that shall include:
(1) A full description
of the project to which the tax exemption is related; and
(2) The corporation's
analysis of the impact of the proposed project will or may have on
the state. The analysis shall be supported by such
appropriate data and documentation and shall
consider, but not be limited to, the following
factors:
(i)
The impact on the industry or industries in which the completed project will be
involved;
(ii) State fiscal
matters, including the state budget (revenues and expenses);
(iii) The financial
exposure of the taxpayers of the state under the plans for the proposed
project and negative foreseeable contingencies that
may arise therefrom;
(iv) The approximate
number of jobs projected to be created, construction and
nonconstruction;
(v) Identification of geographic
sources of the staffing for identified jobs;
(vi) The projected
duration of the identified construction jobs;
(vii) The approximate
wage rates for the identified jobs;
(viii) The types of
fringe benefits to be provided with the identified jobs, including
healthcare insurance and any retirement benefits;
(ix) The projected
fiscal impact on increased personal income taxes to the state of Rhode
Island; and
(x) The description of
any plan or process intended to stimulate hiring from the host
community, training of employees or potential
employees and outreach to minority job applicants
and minority businesses.
(b) For purposes of
the exemption from taxes and assessments for any project of the
corporation held by a lessee of the corporation under
section 9 of this chapter and subsection (a)
of this section, any such project shall be subject to
the following additional requirements:
(1) The total sales tax
exemption benefit to the lessee will be implemented through a
reimbursement process as determined by the division of
taxation rather than an up-front purchase
exemption;
(2) The sales tax
benefits granted pursuant to section 9 of this chapter shall: (i) only apply
to materials used in the construction, reconstruction
or rehabilitation of the project and to the
acquisition of furniture, fixtures and equipment,
except automobiles, trucks or other motor
vehicles, or materials that otherwise are depreciable
and have a useful life of one year or more,
for the project for a period not to exceed six (6)
months after receipt of a certificate or of occupancy
for any given phase of the project for which sales tax
benefits are utilized; and (ii) not exceed an
amount equal to the income tax revenue received by the
state from the new full-time jobs with
benefits excluding project construction jobs,
generated by the project within a period of three (3)
years from after the receipt of a certificate of occupancy
for any given phase of the project. For
purposes of this section, “full-time jobs with
benefits” means jobs that require working a
minimum of thirty (30) hours per week within the
state, with a median wage that exceeds by five
percent (5%) the median annual wage for the preceding
year for full-time jobs in
certified by the department of labor and training,
with a benefit package that is typical of
companies within the lessee’s industry.
(3) The corporation
shall transmit the analysis required under section 9 of this chapter to
the house and senate fiscal committee chairs, the
department of labor and training and the
division of taxation promptly upon completion.
Annually thereafter, the department of labor and
training shall certify to the house and senate fiscal
committee chairs, the house and senate fiscal
advisors, the corporation and the division of taxation
the actual number of new full-time jobs with
benefits created by the project, in addition to
construction jobs, and whether such new jobs are on
target to meet or exceed the estimated number of new
jobs indentified in the analysis above. This
certification shall no longer be required when the
total amount of new income tax revenue
received by the state exceeds the amount of the sales
tax exemption benefit granted above.
(4) The department of
labor and training shall certify to the house and senate fiscal
committee chairs and the division of taxation that
jobs created by the project are “new jobs” in
the state of
without a reduction of, those employees of the lessee
currently employed in
relocated from another facility of the lessee’s in
lessee as the result of a merger or acquisition of a
company already located in
Additionally, the corporation, with the assistance of
the lessee, the department of labor and
training, the department of human services and the
division of taxation shall provide annually an
analysis of whether any of the employees of the
project qualify for RIte Care or RIte
Share
benefits and the impact such benefits or assistance
may have on the state budget.
(5) Notwithstanding
any other provision of law, the division of taxation, the department
of labor and training and the department of human
services are authorized to present, review and
discuss lessee specific tax or employment information
or data with the corporation, the house and
senate fiscal committee chairs, and/or the house and
senate fiscal advisors for the purpose of
verification and compliance with this resolution; and
(6) The corporation
and the project lessee shall agree that, if any time prior to the state
recouping the amount of the sales tax exemption
through new income tax collections from the
project, not including construction job income taxes,
the lessee will be unable to continue the
project, or otherwise defaults on its obligations to
the corporation, the lessee shall be liable to the
state for all the sales tax benefits granted to the
project plus interest, as determined in RIGL 44-1-
7, calculated from the date the lessee received the
sales tax benefits.
SECTION
3. This Article shall take effect upon passage.
ARTICLE
12
RELATING
TO TRANSPORTATION OF PUPILS
SECTION 1. Section
16-21-1 of the General Laws in Chapter 16-21 entitled
“Transportation of public and private school pupils”
is hereby amended to read as follows:
16-21-1.
Transportation of public and private school pupils. -- (a) The school
committee of any town or city shall provide suitable
transportation to and from school for pupils
attending public and private schools of elementary and
high school grades, except private schools
that are operated for profit, who reside so far from
the public or private school which the pupil
attends as to make the pupil's regular attendance at
school impractical and for any pupil whose
regular attendance would otherwise be impracticable on
account of physical disability or
infirmity.
(b)
For transportation provided to children enrolled in grades kindergarten through
five
(5), school bus monitors, other than the school bus
driver, shall be required on all school bound
and home bound routes. Variances to the requirement
for a school bus monitor may be granted by
the commissioner of elementary and secondary education
if he or she finds that an alternative
plan provides substantially equivalent safety for
children. For the purposes of this section a
"school bus monitor" means any person
sixteen (16) years of age or older.
(c) No school committee
shall negotiate, extend, or renew any transportation contract
unless such contract enables the district to
participate in the statewide transportation system,
without penalty to the district, upon implementation
of the statewide transportation system
described in RIGL sections 16-21.1-7 and 16-21.1-8.
Notice of the implementation of the
statewide transportation system for in-district
transportation shall be provided in writing by the
department of elementary and secondary education to
the superintendent of each district upon
implementation. Upon implementation of the statewide
system of transportation for all students,
each school committee shall purchase transportation
services for their own resident students by
accessing the statewide system on a fee-for-service
basis for each student; provided, however,
that any school committee that fulfills its
transportation obligations primarily through the use of
district-owned buses or district employees may
continue to do so.
SECTION 2. Sections
16-21.1-7 and 16-21.1-8 of the General Laws in Chapter 16-21.1
entitled “Transportation of School Pupils Beyond City
and Town Limits” are hereby amended to
read as follows:
16-21.1-7.
Statewide transportation of students with special needs. --
Notwithstanding
the regional structure created in this chapter, and
pursuant to the obligation of school committees
to transport children with special needs to and from
school either within the school district or in
another school district of the state created by
section 16-24-4, the department of elementary and
secondary education, in collaboration with the office
of statewide planning of the department of
administration, and the
and implementation of a statewide system of
transportation of students with special needs to and
from school. The statewide school transportation
system for children with special needs shall be
provided through a competitive request for proposals
to which vendors of transportation services
may respond. Effective upon the implementation of this
statewide system of transportation for
students with special needs, each school committee may
shall purchase the transportation services
for their own resident students with special needs by
accessing this integrated statewide system of
transportation for children with special needs on a
fee-for-service basis for each child; provided,
however, that any school committee that fulfills its transportation
obligations primarily through
the use of district-owned buses or district employees
may continue to do so. The goal of
the
statewide system of transportation for students with
special needs shall be the reduction of
duplication of cost and routes in transporting
children from the various cities and towns to the
same special education program providers using
different buses from each city and town, the
improvement of services to children through the
development of shorter ride times and more
efficient routes of travel, and the reduction of cost
to local school committees through achieving
efficiency in eliminating the need for each school
district to contract for and provide these
specialized transportation services separately. The
department of elementary and secondary
education shall submit a report of their findings and
plans to the general assembly by March 30,
2008.
16-21.1-8.
Statewide transportation system for all students to be established.-
Notwithstanding the regional structure created in this
chapter, the department of elementary and
secondary education, in collaboration with the office
of statewide planning of the department of
administration, and the
of all current transportation services for students in
develop a plan for the creation and implementation of
a statewide system of transportation of all
students to and from school. The statewide school
transportation system for all students shall be
provided through a competitive request for proposals
to which vendors of transportation services
may respond. Effective upon the implementation of this
statewide system of transportation for all
students, each school committee may shall
purchase the transportation services for their own
resident students by accessing this integrated
statewide system of transportation on a fee-for-
service basis for each child; provided, however,
that any school committee that fulfills its
transportation obligations primarily through the use
of district-owned buses or district
employees may continue to do so. The goals of the statewide system of transportation
for all
students shall be the reduction of duplication of cost
and routes in transporting children from the
various cities and towns using different buses within
and between each city and town, the
improvement of services to children through the
development of shorter ride times and more
efficient routes of travel, and the reduction of cost
to local school committees through achieving
efficiency in eliminating the need for each school
district to contract for and provide these
transportation services separately. The comprehensive
study of all current transportation services
for students in
transportation of all students to and from school
shall be completed, with a report to the general
assembly by March 30, 2008.
SECTION 3. Chapter
16-21.1 of the General Laws entitled “Transportation of School
16-21.1-9.
Oversight of statewide transportation system. -- Upon implementation
of
the statewide system of transportation, the department
of elementary and secondary education
shall manage and oversee the system in collaboration
with the office of statewide planning at the
department of administration, and the
of this function be deemed more efficient, management
of the system may be delegated to an
outside consultant through a competitive request for
proposals.
SECTION
4. This article shall take effect upon passage.
ARTICLE 13
RELATING
TO EDUCATION AID
SECTION 1. Sections
16-7.1-10 and 16-7.1-15 of the General Laws in Chapter 16-7.1
entitled “The Paul W. Crowley Rhode Island Student
Investment Initiative” are hereby amended
to read as follows:
16-7.1-10. Professional
development investment fund. -- (a) In order to continue
developing the skills of
establishes a Professional Development Investment
Fund. The general assembly shall annually
appropriate some sum and distribute it based on a
pupil-teacher ratio that shall be adjusted
annually by the commissioner of elementary and
secondary education. School districts, including
collaboratives established pursuant to chapter 3.1 of this title,
may use funds received under this
category of education aid to replace up to, but no
more than, fifty percent (50%) of the amount
the school district spent for professional development
programs in the previous fiscal year. The
expenditure of these funds shall be determined by a
committee at each school consisting of the
school principal, two (2) teachers selected by the
teaching staff of the school, and two (2) parents
of students attending the school. Schools that enroll
students in the early grades (kindergarten
through grade three (3)) must expend these funds on
the development of scientific research based,
as described in the No Child Left Behind Act of 2001,
Title 1, Part B, Section 1208 [20 U.S.C.
section 6368], reading instruction to improve students
reading performance.
Schools
that have met their performance targets in reading for the current academic
year and are not designated as a school in need of
improvement, may expend their Professional
Development Investment Funds on professional
development in the core academic subjects of
mathematics, writing, or reading to improve student
performance.
Collaborative
programs between schools are encouraged. These resources shall be used
to close student performance gaps in accordance with
the school's and district's strategic plan
pursuant to section 16-7.1-2. Additional funds shall
be allocated to the department of elementary
and secondary education to support teacher and
administrator professional development in all
districts, including, but not limited to:
(1)
Supporting mentoring systems;
(2)
Providing school districts with program support to assist teachers in local
school
districts to improve reading instruction and enhance
the integration of reading throughout the
curriculum with the goal of improving student
performance to high standards;
(3)
Support for the design and implementation of leadership development for the
teacher to assume leadership roles or ultimately
prepare for administrator;
(4)
Development of a plan for formal training of school leaders in standards based
instruction, school improvement planning, effective use
of data in the decision-making process,
community involvement and creation of governance
structures;
(5)
Support for national board certification of teachers, application fees for a
certificate
of clinical competence issued by the American speech-language
hearing association, and grants
for coordination and support of school based teacher
professional development; and
(6)
The practice of scientific research based reading instruction to improve
reading
performance.
(b) In
FY 2003, the additional funds allocated to the department of elementary and
secondary education pursuant to this section shall be
used only to support the activities described
in subdivisions (a)(2) and (a)(5) of this section.
(c)
Out of the funds appropriated by the general assembly for professional
development
in subsection (a) of this section, twenty-five percent
(25%) shall be set aside for district-wide
professional development activities. The expenditure
of this district-wide professional
development set-aside shall be determined by a
committee in each district consisting of the
superintendent or his or her designee, three (3)
teachers appointed by the collective bargaining
agent, and one member of the
field service team servicing that school district
designated by the commissioner of elementary and
secondary education. The expenditure must be aligned
with the district strategic plan as well as
ongoing professional development programs approved by
the department of elementary and
secondary education. Collaborative programs between
school districts are permissible.
(d)
Beginning in FY 2006, professional development funds shall only be spent with
the
prior approval of the commissioner of elementary and
secondary education upon submission of a
district level plan which incorporates the school
level plans and which details the use of the
funds. These plans shall to the extent possible call
for professional development activities that are
embedded or do not otherwise encroach upon student
instruction time. The requirements of this
paragraph shall apply to both district-wide
professional development activities and professional
development activities determined by the school-level
committees.
(e) In FY 2009
payments from the professional development investment fund are hereby
suspended through June 30, 2009. Notwithstanding,
school districts may continue to maintain
professional development programs and may reduce other
education programs to achieve savings.
16-7.1-15. The
Paul W.
Each locally or regionally operated school district
shall receive as a base the same amount of
school aid as each district received in fiscal year
1997-1998, adjusted to reflect the increases or
decreases in aid enacted to meet the minimum and
maximum funding levels established for FY
2000 through FY 2008. Each school district shall also
receive school aid through each investment
fund for which that district qualifies pursuant to
sections 16-7.1-8, 16-7.1-9, 16-7.1-10, 16-7.1-11,
16-7.1-12, 16-7.1-16 and 16-7.1-19. These sums shall
be in addition to the base amount described
in this section. For FY 2009, the reference year for
the data used in the calculation of aid pursuant
to section 16-7.1-8, section 16-7.1-9, section
16-7.1-10, section 16-7.1-11, section 16-7.1-11.1,
section 16-7.1-12, section 16-7.1-16, section 16-7.1-19
and 16-77.1-2(b) shall be FY 2004.
Calculation and distribution of education aid under
sections 16-5-31, 16-5-32, 16-7-20, 16-7-20.5,
16-7-34.2, 16-7-34.3, 16-24-6, 16-54-4, and 16-67-4 is
hereby suspended. Provided, however,
calculation and distribution of education aid under
§16-7.1-10 is suspended for FY 2009. School
districts may continue to maintain professional
development programs and may reduce other
education programs to achieve savings during FY 2009. The funding of the purposes and
activities of chapter 67 of this title, the Rhode
Island Literacy and Dropout Prevention Act of
1967, shall be the same amount of the base amount of
each district funded for that purpose in
fiscal year 1997-1998. In addition each district shall
expend three percent (3%) of its student
equity and early childhood funds under the provisions
of chapter 67 of this title.
(b)
Funding for full day kindergarten programs in accordance with section
16-7.1-11.1
shall be in addition to funding received under this
section.
(c)
Funding distributed under sections 16-77.1-2(b) and 16-64-1.1 shall be in
addition
to funding distributed under this section.
(d) For FY 2009, aid
to school districts shall be reduced by the equivalent savings that are
realized due to a reduction of payments to the
teachers’ retirement system. The reduction for the
Chariho regional school district shall be prorated among the
member communities. In addition,
for FY 2009 aid to school districts shall be reduced by
any amount of previously appropriated
school housing aid determined to be ineligible for
reimbursement in accordance with section 16-
7-44.2. For FY 2009 aid shall also be reduced by the
amount of projected revenue for the period
December 1, 2008 through June 30, 2009 from the
permanent school fund. The projected revenue
shall be determined by annualizing actual earnings
from the period May 12, 2008 through
November 30, 2008. The department of elementary and
secondary education shall reduce aid in
two equal installments, payable in May and June;
provided however, that
receive one payment of reduced aid in May.
For FY 2009, aid to
school districts shall include thirty eight million, three hundred
twenty-four thousand, eight hundred twenty-two dollars
($38,324,822) from federal fiscal
stabilization funds offset by a like reduction from
general revenues. The distribution shall be in
the same proportion as general operating aid.
(d)(e)
There shall be an appropriation to ensure that total aid distributed to
communities
in FY 2009 under this section and sections
16-7.1-11.1, 16-64-1.1 and 16-77.1-2(b) shall be as
follows:
General
Revenues Stimulus Fiscal
Stabilization
2,599,526 1,277,920
251,083
Burrillville 13,854,743 12,416,932 751,100
2,002,838
1,667,853 135,786
20,075,081
16,998,821 1,166,987
35,475,911
29,591,104 2,090,303
13,257,009
11,038,431 823,601
1,949,761 992,445 185,222
26,888,254
23,380,338 1,497,450
Foster
1,416,463 1,223,700
80,345
Glocester 3,213,847 2,793,626
180,413
Hopkinton
6,241,352 5,346,048
346,643
531,908 295,372 54,277
10,750,364
8,990,856 632,253
7,403,268 5,697,378 483,059
Little
368,810
218,957 34,414
10,497,116
9,010,090 597,011
Narragansett
1,897,159 1,141,871
154,558
11,871,080 10,327,939 665,740
New
Shoreham 106,345 10,061
10,457
11,986,005 9,857,889 733,791
13,382,872 11,404,679 761,356
4,834,237 3,964,895 301,153
67,023,559
60,456,639 3,533,129
6,700,042
5,429,639 427,374
193,869,756
173,513,330 10,213,530
6,188,615 5,305,023 341,512
3,407,183 2,616,104
228,213
5,743,568
4,526,164 373,470
10,548,698 8,420,480 656,514
Tiverton
5,932,058 4,898,786
363,307
37,626,000 31,136,499 2,224,260
Westerly
6,843,077 5,056,525
467,083
20,440,547 17,994,252 1,109,170
47,421,613
42,914,456 2,490,378
Bristol-Warren
20,438,190 18,047,696
1,101,467
Exeter-West
7,586,019
6,406,468 438,869
Chariho 398,334 369,091
18,752
Foster-Glocester 5,729,861 4,930,835
335,529
43,873,873
40,523,665 2,065,263
In
addition to the amounts listed above, the department of elementary and
secondary
education shall allocate monthly to each school
district all funds received into the permanent
school fund pursuant to section 42-61.2-7, as amended
by chapter 13 of the 2008 Public Laws
entitled "An Act Relating to State Affairs and
Government", up to $14.1 million, in the same
proportion as the aid distribution contained in §
16-7.1-15(d) in the FY 2009 enacted
appropriations act.
This
special provision shall not limit entitlements as determined by application of
other
formula provisions in this section.
(f) For FY 2009
payments to charter public schools shall be reduced by the equivalent
savings that are realized due to a reduction of
payments to the teachers’ retirement system. The
reduction for district sponsored charter schools shall
be incorporated in the sponsoring school
district’s aid as noted in subsection (e). Aid to charter
public schools shall be reduced in the April
quarterly payment. For FY 2009, charter public school
funding is as follows:
Compass 614,485
Paul Cuffee 4,449,006
CVS Highlander 2,596,782
International 2,863,818
Learning Community 3,669,529
NE Laborer’s 1,508,866
Textron 2,361,370
Times 2 Academy 6,870,410
(e)(g) Children
with disabilities. (1) Based on its review of special education within the
context of
all children and preventing disability through
scientific research based, as described in the No
Child Left Behind Act of 2001, Title 1, Part B,
Section 1208 [20 U.S.C. § 6368], reading
instruction and the development of Personal Literacy
Programs for students in the early grades
performing below grade level in reading and implement
a system of student accountability that
will enable the state to track individual students
over time. Additionally, the department of
elementary and secondary education must provide
districts with rigorous criteria and procedures
for identifying students with learning disabilities
and speech/language impairments. Additional
study is required of factors that influence
programming for students with low incidence
disabilities; those with disabilities that severely
compromise life functions; and programming for
students with disabilities through urban special
education. Alternatives for funding special
education require examination.
(2)
All departments and agencies of the state shall furnish any advice and
information,
documentary and otherwise, to the general assembly and
its agents that is deemed necessary or
desirable by the study to facilitate the purposes of
this section.
SECTION
2. Chapter 16-7 of the General Laws entitled "
Support" is hereby
amended by adding thereto the following section:
16-7-44.2.
Repayment of school housing aid. – (a) If an audit or subsequent
review by
the commissioner of elementary and secondary education
determines that a community was
overpaid school housing aid, the community shall repay
the determined amount over a number of
years that is calculated by dividing the total amount
of the overpayment by the total amount of
revenues reported by the school district for the most
recently completed fiscal year.
(b) If the percentage
derived from section (a) above is one-half percent (0.5%) or less, the
community shall repay the entire amount of the
overpayment in the same fiscal year in which the
overpayment is determined.
(c) If the percentage
derived from section (a) above is greater than one-half percent
(0.5%), the community shall repay the amount of the
overpayment over a number of years that
equals the percentage derived from section (a) divided
by one-half percent (0.5%).
(d) Repayments of
more than one year shall be made in equal installments over the term
derived from section (c) above. The department of
elementary and secondary education will
submit an invoice to the community on July 1st.
(e) If the department
of elementary and secondary education has not received the required
amount by June 30 of the applicable fiscal year,
education aid for the community calculated
pursuant to section 16-7.1-15 shall be reduced by the
amount due.
(f) If the entire
overpayment is not received in full in the first year, interest will be
applied annually at a rate equal to the consumer price
index.
SECTION
3. This article shall take effect upon passage.
ARTICLE
14
RELATING
TO NURSING FACILITIES
SECTION 1. Section
40-8-19 of the General Laws in Chapter 40-8 entitled “Medical
Assistance” is hereby amended to read as follows:
40-8-19. Rates
of payment to nursing facilities. -- (a) Rate reform. The rates to be
paid
by the state to nursing facilities licensed pursuant
to chapter 17 of title 23, and certified to
participate in the Title XIX Medicaid program for
services rendered to Medicaid-eligible
residents, shall be reasonable and adequate to meet
the costs which must be incurred by
efficiently and economically operated facilities in
accordance with 42 U.S.C. § 1396a(a)(13). The
department of human services shall promulgate or
modify the principles of reimbursement for
nursing facilities currently in effect on July 1, 2003
to be consistent with the provisions of this
section and Title XIX, 42 U.S.C. § 1396 et seq., of
the Social Security Act.
(b)
Rate reform. Subject to the phase-in provisions in subsections (c) and (d), the
department shall, on or before October 1, 2005, modify
the principles of reimbursement for
nursing facilities to include the following elements:
(1)
Annual base years;
(2)
Four (4) cost centers: direct labor, property, other operating, and pass
through items;
(3) Re-array
of costs of all facilities in the labor and other operating cost centers every
three (3) years beginning with calendar year 2002;
(4) A
ceiling maximum for allowable costs in the direct labor cost center to be
established by the department between one hundred ten
percent (110%) and one hundred twenty-
five percent (125%) of the median for all facilities
for the most recent array year.
(5) A
ceiling maximum for allowable costs in the other operating cost center to be
established by the department between ninety percent
(90%) and one hundred fifteen percent
(115%) of the median for all facilities for the most
recent array year;
(6)
Adjustment of costs and ceiling maximums by the increase in the National
Nursing
Home Price Index ("NNHPI") for the direct
labor cost center and the other operating cost center
for year between array years; such adjustments to be
applied on October 1st of each year
beginning October 1, 2003 for the direct labor cost
center and October 1, 2005 for the other
operating cost center, except for the fiscal year
beginning July 1, 2006 for which the price index
shall be applied on February 1, 2007 and for the
fiscal year beginning October 1, 2007 for which
the adjustment of costs and ceiling maximums shall be
one and one-tenth percent (1.1%). For the
fiscal year beginning July 1, 2008, the price index
shall be applied on April 1, 2009.
(7)
Application of a fair rental value system to be developed by the department for
calculating allowable reimbursement for the property
cost center;
(8)
Such quality of care and cost containment incentives as may be established by
departmental regulations.
(9) Notwithstanding
the above provisions, for FY 2009 the department is authorized to
reduce the per diem room and board rate calculated in
accordance with the principles of
reimbursement as described above, paid to the nursing
facilities certified to participate in the Title
XIX Medicaid program for services rendered to
Medicaid-eligible residents by five percent (5%).
This reduction is deemed to be reasonable and adequate
to meet the costs which must be incurred
by efficiently and economically operated facilities in
accordance with 42 U.S.C. section
1396a(a)(13).
(c)
Phase I Implementation. The department shall file a state plan amendment with
the
U.S. Department of Health and Human Services on or
before August 1, 2003 to modify the
principles of reimbursement for nursing facilities, to
be effective on October 1, 2003, or as soon
thereafter as is authorized by an approved state plan
amendment, to establish the direct labor cost
center and the pass through items cost center
utilizing calendar year 2002 cost data, and to apply
the ceiling maximums in subsections (b)(4) and (b)(5).
Nursing facilities whose allowable 2002
direct labor costs are below the median in the direct
labor cost center may make application to the
department for a direct labor cost interim payment
adjustment equal to twenty-five percent (25%)
of the amount such allowable 2002 direct labor costs
are below the median in the direct labor cost
center, provided that the interim payment adjustment
granted by the department on or after
October 1, 2003 must be expended by the facility on
expenses allowable within the direct labor
cost center, and any portion of the interim payment
not expended on allowable direct labor cost
center expenses shall be subject to retroactive
adjustment and recoupment by the department
upon the department's determination of a final direct
labor payment adjustment after review of the
facility's actual direct labor expenditures. The final
direct labor payment adjustment will be
included in the facility's October 1, 2004 rate until
the facility's next base year.
(d)
Phase II Implementation. The department shall file a state plan amendment with
the
U.S. Department of Health and Human Services to modify
the principles of reimbursement for
nursing facilities, to be effective on September 1,
2004, or as soon thereafter as is authorized by
an approved state plan amendment, to establish a fair
rental value system for calculating
allowable reimbursement for the property cost center
in accordance with subsection (b)(7);
provided, however, that no facility shall receive a
payment as of September 1, 2004 for property-
related expenses pursuant to the fair rental value
system that is less than the property-related
payment they would have received for the other
property-related ("OPR") cost center system in
effect as of June 30, 2004.
SECTION 2. This article shall take effect upon passage.
ARTICLE 15
RELATING
TO MEDICAL ASSISTANCE -
OUT-OF-STATE
HOSPITALS
SECTION 1. Section
40-8-13.1 of the General Laws in Chapter 40-8 entitled
“Medical Assistance” is hereby amended to read as
follows:
40-8-13.1. Reimbursement
for out-of-state hospital services. -- (a) The department
of human services is hereby authorized and directed to
amend, effective July 1, 1995, its
regulations, fee schedules and the
pursuant to Title XIX of the federal Social Security
Act to provide for reimbursement to out-of-
state hospitals for services provided to eligible
recipients in accordance with this section.
(b)
Authorized inpatient hospital services shall be reimbursed at a rate equal to
fifty
percent (50%) of the out-of-state hospital's customary
charge(s) for such services to Title XIX
recipients in that state; provided, however, that
in-patient hospital organ transplant services shall
be reimbursed at sixty-one percent (61%) of the
out-of-state hospital's customary charge(s) for
such organ transplant services to Title XIX recipients
in that state. Authorized outpatient hospital
services (other than laboratory services) shall be
reimbursed at a rate equal to fifty-three percent
(53%) of the out-of-state hospital's customary
charge(s) for such services to Title XIX recipients
in that state; outpatient laboratory services shall be
reimbursed at the Medicare allowable rate.
(c)
The department may periodically adjust the inpatient and/or outpatient service
reimbursement rate(s) based upon a medical care cost
index to be determined by the department.
(d) Notwithstanding
any provision of the law to the contrary, the department will
reimburse out-of-state hospitals for services incurred
on or after March 1, 2009 at rates
determined by the department and in accordance with
federal regulations.
SECTION
2. This article shall take effect upon passage.
ARTICLE
16
RELATING
TO HOSPITAL PAYMENTS
SECTION 1. Sections
40-8.3-5, 40-8.3-6 and 40-8.3-7 of the General Laws in Chapter
40-8.3 entitled “Uncompensated Care” are hereby
repealed:
40-8.3-5. Hospital
payments. -- – Due to the high ratio of unqualified
uncompensated
care expenses to qualified uncompensated care
expenses, the department of human services is
hereby authorized and directed to pay during state
fiscal year 2009: (1) any acute care hospital in
Washington the amount of five hundred thousand dollars
($500,000); (2) any acute care
hospital in
Miriam the amount of one million six hundred thousand
dollars ($1,600,000).
40-8.3-6. Outpatient
adjustment payments. –Effective July 1, 2008, the department
of human services is hereby authorized and directed to
amend its regulations and the Rhode
Island Plan for Medical Assistance pursuant to Title XIX of
the Social Security Act for
reimbursement to hospitals for outpatient service as
follows:
(a) Each hospital in
the state of
shall receive a quarterly adjustment payment during
state fiscal year 2009 of an amount
determined as follows:
(1) Determine the
percent of the state's total Medicaid outpatient and emergency
department services (exclusive of physician services)
provided by each hospital during the
hospital's fiscal year ending during 2007;
(2) Determine the sum
of all Medicaid payments to hospitals made for outpatient and
emergency department services (exclusive of physician
services) provided during each hospital's
fiscal year ending during 2007 not including any recoupments or settlements;
(3) Multiply the sum
of all Medicaid payments as determined in subdivision (2) by fifty-
seven percent (57.0%) and then multiply that result by
each hospital's percentage of the state's
total Medicaid outpatient and emergency department
services as determined in subdivision (1) to
obtain the total outpatient adjustment for each
hospital to be paid in SFY 2009;
(4) Pay each hospital
on or about July 20, 2008, October 20, 2008, January 20, 2009, and
April 20, 2009 one-quarter (.25) of its total
outpatient adjustment as determined in subdivision (3)
above.
(b) The amounts
determined in subsection (a) are in addition to Medicaid outpatient
payments and emergency services payments (exclusive of
physician services) paid to hospitals in
accordance with current state regulation and the Rhode
Island Plan for Medicaid assistance
pursuant to Title XIX of the Social Security Act and
are not subject to recoupment or settlement.
(c) The payments are
expressly conditioned upon approval by the secretary of the United
States Department of Health and Human Services, or his
or her authorized representative, of any
Medicaid state plan amendment necessary to secure for
the state the benefit of federal financial
participation in federal fiscal year 2009 for such
payments, such amendment to be filed not later
than July 9, 2008.
40-8.3-7. Inpatient
adjustment payments. – Effective July 1, 2008, the department of
human services is hereby authorized and directed to
amend its regulations and the
State Plan for Medical Assistance pursuant to Title
XIX of the Social Security Act for
reimbursement to hospitals for outpatient services as
follows:
(a) Each hospital in
the state of
shall receive a quarterly adjustment payment during
state fiscal year 2009 of an amount
determined as follows:
(1) Determine the
percent of the state's total Medicaid inpatient services provided by each
hospital during the hospital's fiscal year ending
during 2007;
(2) Determine
the sum of all Medicaid payments to hospitals made for inpatient services
provided during each hospital's fiscal year ending
during 2007 not including any recoupments or
sentiments;
(3) Multiply the sum
of all Medicaid payments as determined in subdivision (2) by two
and ninety-eight hundredths percent (2.98%) and then
multiply that result by each hospital's
percentage of the state's total Medicaid inpatient
services as determined in subdivision (1) to
obtain the total outpatient adjustment for each
hospital to be paid in SFY 2009;
(4) Pay each hospital
on or about July 20, 2008, October 20, 2008, January 20, 2009, and
April 20, 2009 one-quarter (.25) of its total
outpatient adjustment as determined in subdivision (3)
above.
(b) The amounts
determined in subsection (a) are in addition to Medicaid inpatient
payments paid to hospitals in accordance with current
state regulation and the Rhode Island Plan
for Medicaid assistance pursuant to Title XIX of the
Social Security Act and are not subject to
recoupment or settlement.
(c) The payments are
expressly conditioned upon approval by the secretary of the United
States Department of Health and Human Services, or his
or her authorized representative, of any
Medicaid state plan amendment necessary to secure for
the state the benefit of federal financial
participation in federal fiscal year 2009 for such
payments, such amendment to be filed not later
than July 9, 2008.
SECTION
2. This article shall take effect upon passage.
ARTICLE 17
RELATING
TO EFFECTIVE DATE
This act shall take
effect upon passage, except as otherwise provided herein.
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LC00256/SUB A
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