ARTICLE 12 AS AMENDED
RELATING TO
MUNICIPAL ACCOUNTABILITY
SECTION 1. Section 42-46-6 of the General Laws in Chapter
42-46 entitled "Open
Meetings" is hereby
amended to read as follows:
42-46-6.
Notice. -- (a) All public bodies shall give
written notice of their regularly
scheduled meetings at the beginning of each calendar year. The
notice shall include the dates,
times, and places of the meetings and shall be provided to members
of the public upon request
and to the secretary of state at the beginning of each
calendar year in accordance with subsection
(f).
(b) Public bodies shall
give supplemental written public notice of any meeting within a
minimum of forty-eight (48) hours before the date. This
notice shall include the date the notice
was posted, the date, time and place of the meeting, and
a statement specifying the nature of the
business to be discussed. Copies of the notice shall be
maintained by the public body for a
minimum of one year. Nothing contained herein shall prevent a
public body, other than a school
committee, from adding additional items to the agenda by
majority vote of the members. School
committees may, however, add items for informational purposes
only, pursuant to a request,
submitted in writing, by a member of the public during the
public comment session of the school
committee's meetings. Said informational items may not be voted
upon unless they have been
posted in accordance with the provisions of this section.
Such additional items shall be for
informational purposes only and may not be voted on except where
necessary to address an
unexpected occurrence that requires immediate action to protect
the public or to refer the matter
to an appropriate committee or to another body or
official.
(c) Written public
notice shall include, but need not be limited to, posting a copy of the
notice at the principal office of the public body holding
the meeting, or if no principal office
exists, at the building in which the meeting is to be held,
and in at least one other prominent place
within the governmental unit, and electronic filing of the
notice with the secretary of state
pursuant to subsection (f); provided, that in the case of
school committees the required public
notice shall be published in a newspaper of general
circulation in the school district under the
committee's jurisdiction; however, ad hoc committees, sub
committees and advisory committees
of school committees shall not be required to publish
notice in a newspaper; however,
nothing
contained herein shall prevent a public body from holding an
emergency meeting, upon an
affirmative vote of the majority of the members of the body when
the meeting is deemed
necessary to address an unexpected occurrence that requires
immediate action to protect the
public. If an emergency meeting is called, a meeting notice
and agenda shall be posted as soon as
practicable and shall be electronically filed with the secretary
of state pursuant to subsection (e)
and, upon meeting, the public body shall state for the
record and minutes why the matter must be
addressed in less than forty-eight (48) hours and only discuss
the issue or issues which created the
need for an emergency meeting. Nothing contained herein
shall be used in the circumvention of
the spirit and requirements of this chapter.
(d) Nothing within this
chapter shall prohibit any public body, or the members thereof,
from responding to comments initiated by a member of the
public during a properly noticed open
forum even if the subject matter of a citizen's comments or
discussions were not previously
posted, provided such matters shall be for informational
purposes only and may not be voted on
except where necessary to address an unexpected occurrence
that requires immediate action to
protect the public or to refer the matter to an appropriate
committee or to another body or official.
Nothing contained in this chapter requires any public
body to hold an open forum session, to
entertain or respond to any topic nor does it prohibit any
public body from limiting comment on
any topic at such an open forum session. No public body,
or the members thereof, may use this
section to circumvent the spirit or requirements of this
chapter.
(e) A school committee
may add agenda items not appearing in the published notice
required by this section under the following conditions:
(1) The revised agenda
is electronically filed with the secretary of state pursuant to
subsection (f), and is posted on the school district's website
and the two (2) public locations
required by this section at least forty-eight (48) hours in
advance of the meeting;
(2) The new agenda
items were unexpected and could not have been added in time for
newspaper publication;
(3) Upon meeting, the
public body states for the record and minutes why the agenda
items could not have been added in time for newspaper
publication and need to be addressed at
the meeting;
(4) A formal process is
available to provide timely notice of the revised agenda to any
person who has requested that notice, and the school
district has taken reasonable steps to make
the public aware of this process; and
(5) The published
notice shall include a statement that any changes in the agenda will be
posted on the school district's web site and the two (2)
public locations required by this section
and will be electronically filed with the secretary of state
at least forty-eight (48) hours in advance
of the meeting.
(f) All notices
required by this section to be filed with the secretary of state shall be
electronically transmitted to the secretary of state in accordance
with rules and regulations which
shall be promulgated by the secretary of state. This
requirement of the electronic transmission and
filing of notices with the secretary of state shall take
effect one year after this subsection takes
effect.
(g) If a public body
fails to transmit notices in accordance with this section, then any
aggrieved person may file a complaint with the attorney general
in accordance with section 42-
46-8.
SECTION 2. Title 28 of the General Laws entitled "LABOR
AND LABOR
RELATIONS" is hereby
amended by adding thereto the following chapter:
CHAPTER
54
MUNICIPAL
EMPLOYEES
28-54-1.
Medicare enrollment. -- Every municipality,
participating or nonparticipating
in the municipal employees' retirement system, may require its retirees, as a condition of
receiving or continuing to receive retirement payments and
health benefits, to enroll in Medicare
as soon as he or she is eligible, notwithstanding the
provisions of any other statute, ordinance,
interest arbitration award, or collective bargaining agreement
to the contrary. Municipalities that
require said enrollment shall have the right to negotiate any
Medicare supplement or gap
coverage for Medicare-eligible retirees, but shall not be
required to provide any other healthcare
benefits to any Medicare-eligible retiree or his or her spouse
who has reached sixty-five (65)
years of age, notwithstanding the provisions of any other
statute, ordinance, interest arbitration
award, or collective bargaining agreement to the contrary. Municipality
provided benefits that are
provided to Medicare-eligible individuals shall be secondary
to Medicare benefits. Nothing
contained herein shall impair collectively bargained Medicare
Supplement Insurance.
SECTION 3. Sections 28-29-2 and 28-29-26 of the General Laws
in Chapter 28-29
entitled "Workers' Compensation - General
Provisions" are hereby amended to read as follows:
28-29-2.
Definitions. -- In chapters 29 -- 38 of this
title, unless the context otherwise
requires:
(1)
"Department" means the department of labor and training.
(2)
"Director" means the director of labor and training or his or her
designee unless
specifically stated otherwise.
(3) (i) "Earnings capacity"
means the weekly straight time earnings which an employee
could receive if the employee accepted an actual offer of
suitable alternative employment.
Earnings capacity can also be established by the court
based on evidence of ability to earn,
including, but not limited to, a determination of the degree of
functional impairment and/or
disability, that an employee is capable of employment. The court
may, in its discretion, take into
consideration the performance of the employee's duty to actively
seek employment in scheduling
the implementation of the reduction. The employer need
not identify particular employment
before the court can direct an earnings capacity adjustment.
In the event that an employee returns
to light duty employment while partially disabled, an
earnings capacity shall not be set based
upon actual wages earned until the employee has
successfully worked at light duty for a period of
at least thirteen (13) weeks.
(ii) As used under the
provisions of this title, "functional impairment" means an
anatomical or functional abnormality existing after the date of
maximum medical improvement as
determined by a medically or scientifically demonstrable finding
and based upon the Sixth (6th)
edition of the American Medical Association's Guide to the
Evaluation of Permanent Impairment
or comparable publications of the American Medical
Association.
(iii) In the event that
an employee returns to employment at an average weekly wage
equal to the employee's pre-injury earnings exclusive of overtime,
the employee will be presumed
to have regained his/her earning capacity.
(4)
"Employee" means any person who has entered into the employment of or
works
under contract of service or apprenticeship with any
employer, except that in the case of a city or
town other than the city of
as may be designated by a city, town, or regional school
district in a manner provided in this
chapter to receive compensation under chapters 29 -- 38 of
this title. Any person employed by the
state of
Rhode Island Airport Corporation who is otherwise
entitled to the benefits of chapter 19 of title
45 shall be subject to the provisions of chapters 29
-- 38 of this title for all case management
procedures and dispute resolution for all benefits. The term
"employee" does not include any
individual who is a shareholder or director in a corporation,
general or limited partners in a
general partnership, a registered limited liability
partnership, a limited partnership, or partners in
a registered limited liability limited partnership, or
any individual who is a member in a limited
liability company. These exclusions do not apply to
shareholders, directors and members who
have entered into the employment of or who work under a
contract of service or apprenticeship
within a corporation or a limited liability company. The
term "employee" also does not include a
sole proprietor, independent contractor, or a person whose
employment is of a casual nature, and
who is employed other than for the purpose of the
employer's trade or business, or a person
whose services are voluntary or who performs charitable
acts, nor shall it include the members of
the regularly organized fire and police departments of
any town or city except for appeals from an
order of the retirement board filed pursuant to the
provisions of
45-21.2-9;
provided, however, that it shall include the members of the police and aircraft
rescue
and firefighting (ARFF) units of the Rhode Island Airport
Corporation. Whenever a contractor
has contracted with the state, a city, town, or regional
school district any person employed by that
contractor in work under contract shall not be deemed an
employee of the state, city, town, or
regional school district as the case may be. Any person who on
or after January 1, 1999, was an
employee and became a corporate officer shall remain an
employee, for purposes of these
chapters, unless and until coverage under this act is waived
pursuant to subsection 28-29-8(b) or
section 28-29-17. Any person who is appointed a corporate
officer between January 1, 1999 and
December 31, 2001, and was not previously an employee
of the corporation, will not be
considered an employee, for purposes of these chapters, unless
that corporate officer has filed a
notice pursuant to subsection 28-29-19(b). In the case of a
person whose services are voluntary or
who performs charitable acts, any benefit received, in
the form of monetary remuneration or
otherwise, shall be reportable to the appropriate taxation
authority but shall not be deemed to be
wages earned under contract of hire for purposes of
qualifying for benefits under chapters 29 --
38 of this title. Any reference to an employee who had been injured
shall, where the employee is
dead, include a reference to his or her dependents as
defined in this section, or to his or her legal
representatives, or, where he or she is a minor or incompetent, to
his or her conservator or
guardian. A "seasonal occupation" means those
occupations in which work is performed on a
seasonal basis of not more than sixteen (16) weeks.
(5)
"Employer" includes any person, partnership, corporation, or
voluntary association,
and the legal representative of a deceased employer; it
includes the state, and the city of
accepts the provisions of chapters 29 -- 38 of this title in
the manner provided in this chapter or is
a party to an appeal from an order of the retirement
board filed pursuant to the provisions of
(6) "General or
special employer":
(i)
"General employer" includes but is not limited to temporary help
companies and
employee leasing companies and means a person who for
consideration and as the regular course
of its business supplies an employee with or without
vehicle to another person.
(ii) "Special
employer" means a person who contracts for services with a general
employer for the use of an employee, a vehicle, or both.
(iii) Whenever there is
a general employer and special employer wherein the general
employer supplies to the special employer an employee and the
general employer pays or is
obligated to pay the wages or salaries of the supplied
employee, then, notwithstanding the fact
that direction and control is in the special employer and
not the general employer, the general
employer, if it is subject to the provisions of the Workers'
Compensation Act or has accepted that
Act, shall be deemed to be the employer as set forth in
subdivision (5) of this section and both the
general and special employer shall be the employer for
purposes of sections 28-29-17 and 28-29-
18.
(iv)
Effective January 1, 2003, whenever a general employer enters into a
contract or
arrangement with a special employer to supply an employee or
employees for work, the special
employer shall require an insurer generated insurance coverage
certification, on a form prescribed
by the department, demonstrating
coverage evidencing that the general employer carries workers'
compensation insurance with that
insurer with no indebtedness for its employees for the term
of the contract or arrangement. In the
event that the special employer fails to obtain and
maintain at policy renewal and thereafter this
insurer generated insurance coverage certification
demonstrating
compensation and employer's liability coverage from the general
employer, the special employer
is deemed to be the employer pursuant to the provisions
of this section. Upon the cancellation or
failure to renew, the insurer having written the workers'
compensation and employer's liability
policy shall notify the certificate holders and the
department of the cancellation or failure to
renew and upon notice, the certificate holders shall be
deemed to be the employer for the term of
the contract or arrangement unless or until a new
certification is obtained.
(7) (i) "Injury" means and
refers to personal injury to an employee arising out of and in
the course of his or her employment, connected and
referable to the employment.
(ii) An injury to an
employee while voluntarily participating in a private, group, or
employer-sponsored carpool, vanpool, commuter bus service, or other
rideshare program, having
as its sole purpose the mass transportation of employees
to and from work shall not be deemed to
have arisen out of and in the course of employment.
Nothing in the foregoing provision shall be
held to deny benefits under chapters 29 -- 38 and chapter
47 of this title to employees such as
drivers, mechanics, and others who receive remuneration for
their participation in the rideshare
program. Provided, that the foregoing provision shall not bar
the right of an employee to recover
against an employer and/or driver for tortious
misconduct.
(8) "Maximum
medical improvement" means a point in time when any medically
determinable physical or mental impairment as a result of injury has
become stable and when no
further treatment is reasonably expected to materially
improve the condition. Neither the need for
future medical maintenance nor the possibility of
improvement or deterioration resulting from the
passage of time and not from the ordinary course of the
disabling condition, nor the continuation
of a pre-existing condition precludes a finding of
maximum medical improvement. A finding of
maximum medical improvement by the workers' compensation
court may be reviewed only
where it is established that an employee's condition has
substantially deteriorated or improved.
(9)
"Physician" means medical doctor, surgeon, dentist, licensed
psychologist,
chiropractor, osteopath, podiatrist, or optometrist, as the case
may be.
(10) "Suitable
alternative employment" means employment or an actual offer of
employment which the employee is physically able to perform and
will not exacerbate the
employee's health condition and which bears a reasonable
relationship to the employee's
qualifications, background, education, and training. The employee's
age alone shall not be
considered in determining the suitableness of the alternative
employment.
(11) "Independent
contractor" means a person who has filed a notice of designation as
independent contractor with the director pursuant to section
28-29-17.1 or as otherwise found by
the workers' compensation court.
28-29-26.
Supervision of enforcement. -- (a)
Department of labor and training. - The
director as provided for in chapters 29 -- 38 of this title,
and chapter 53 of this title and chapter
16.1 of title 42, shall have supervision over the
enforcement of the provisions of those chapters,
and the director shall have the power and authority to
adopt and enforce all reasonable rules,
regulations, and orders necessary and suitable to the
administration of the department's
responsibilities as described in those chapters.
(b) (1) Workers'
compensation court. - The workers' compensation court, as provided for
in chapters 29 -- 38 of this title, shall have
supervision over the enforcement of the provisions of
the chapters, and shall have the power and authority to
adopt and enforce all reasonable rules,
regulations, and orders necessary and suitable to the administration
of its responsibilities
described in the chapters. In addition to the foregoing, the
court shall have the power and
authority to hear and decide appeals from the retirement board
in accordance with
general law section 45-21.2-9. The court shall remain judicially and
administratively
independent. The Workers' compensation court shall have original
jurisdiction over all civil
actions filed pursuant to sections 28-36-15 and 28-37-28 and
pursuant to the provisions of chapter
53 of this title.
(2) Any petition
arising from any dispute regardless of date of injury, unless specifically
excepted, shall be filed with the administrator of the
workers' compensation court in accordance
with chapter 35 of this title and any rules and
regulations promulgated by the workers'
compensation court.
(3) The enactment of
this subsection shall not affect the rights of the parties established
by any existing memorandum of agreement, suspension
agreement and receipt, preliminary
determination of the department of workers' compensation, order or
decree, or any existing right
to the payment of compensation acquired pursuant to
section 28-29-6 or 28-35-9.
SECTION 4. Sections 28-30-1 and 28-30-13 of the General Laws
in Chapter 28-30
entitled "Workers'
28-30-1. Court
established -- General powers. -- (a) There is established in the state of
Rhode Island a workers' compensation court consisting
of a chief judge and nine (9) associate
judges having the jurisdiction that may be necessary to
carry out its duties under the provisions of
the Workers' Compensation Act, chapters 29 -- 38 of this
title and the provisions of
general law section 45-21.2-9, except those provisions of the act which establish
violations of
the act as crimes, offenses, or misdemeanors. The
jurisdiction of those crimes, offenses, or
misdemeanors shall remain in the district and superior courts as
otherwise provided by law.
(b) The court shall be
a court of record with the same authority and power to subpoena
and also the same authority and power to cite and punish
for civil contempt as exist in the
superior court. The court shall have a seal, and the members,
administrator, deputy administrator,
and assistant clerks of the court shall have the
authority and power to administer oaths and
affirmations.
28-30-13.
Controversies submitted to court. -- (a) Any
controversy over which the
workers' compensation court has jurisdiction in accordance
with chapters 29 -- 38 and chapter 53
of this title, including compensation, reasonableness of
medical and hospital bills, degree of
functional impairment and/or disability, a dispute between an
insurance carrier and an employer
under a workers' compensation insurance contract, except
disputes under the jurisdiction of the
workers' compensation appeals board established pursuant to
section 27-9-29, failure of an
employer to secure the payment of compensation under chapters
29 -- 38 and chapter 53 of this
title and any controversy in which the state or any of its
political subdivisions is a party, and
appeals from an order of the retirement board pursuant to
21.2-9 shall
be submitted to the court in the manner provided in chapters 33 and 35 of this
title.
(b) Disputes between an
insurance carrier and an employer under a workers'
compensation insurance contract shall not be subject to a pretrial
conference in accordance with
section 28-35-20, but shall be assigned consistent with the
rules and regulations of the workers'
compensation court.
SECTION 5. Sections 28-35-11 and 28-35-27 of the General
Laws in Chapter 28-35
entitled "Workers' Compensation - Procedure" are
hereby amended to read as follows:
28-35-11.
Questions determined by court. -- All questions
arising under chapters 29 --
38 of this title and
provided, be determined by the workers' compensation court in
accordance with the provisions of
those chapters.
28-35-27.
Decision of controversies -- Decree. -- (a) In any controversy over which the
workers' compensation court has jurisdiction pursuant to this
chapter and
law section 45-21.2-9, any judge of that court shall, pursuant to sections 28-35-11 --
28-35-28,
and the procedural rules of the court, hear all questions
of law and fact involved in the
controversy and presented by any party in interest, and he or she
shall within ten (10) days after
the hearing, unless the parties otherwise agree, decide
the merits of the controversy pursuant to
the law and the fair preponderance of the evidence and
notify the administrator of the court of the
decision, who shall immediately notify the parties by mail.
(b) Within seventy-two
(72) hours of the mailing of the notice, exclusive of Sundays and
holidays, the judge shall enter a decree upon the decision,
which shall contain findings of fact, but
within that time any party may appear and present a form of
decree for consideration.
SECTION 6. Section 28-36-5 of the General Laws in
Chapter 28-36 entitled “Workers'
Compensation - Insurance”
is hereby amended to read as follows:
28-36-5.
Policy provisions as to liability of employer and insurer.
-- Every policy shall
cover the entire liability of the employer under chapters
29 - 38 of this title, except for appeals
from an order of the retirement board filed pursuant to
the provisions of Rhode Island General
Law section 45-21.2-9, and shall contain an agreement by the insurer to the
effect that the
insurer shall be directly and primarily liable to the
employee and, in the event of his death, to his
or her dependents, to pay to him, her, or them the
compensation, if any, for which the employer is
liable.
SECTION 7. Section 45-19-1 of the General Laws in Chapter
45-19 entitled "Relief of
Injured and Deceased Fire
Fighters and Police Officers" is hereby amended to read as follows:
45-19-1.
Salary payment during line of duty illness or injury. --
(a) Whenever any
police officer of the Rhode Island Airport Corporation or
whenever any police officer, fire
fighter, crash rescue crewperson, fire marshal, chief deputy
fire marshal, or deputy fire marshal of
any city, town, fire district, or the state of
reason of injuries received or sickness contracted in the
performance of his or her duties or due to
their rendering of emergency assistance within the physical
boundaries of the state of Rhode
Island at any occurrence involving the protection or
rescue of human life which necessitates that
they respond in a professional capacity when they would
normally be considered by their
employer to be officially off-duty, the respective city, town,
fire district, state of
Rhode Island Airport Corporation by which the police
officer, fire fighter, crash rescue
crewperson, fire marshal, chief deputy fire marshal, or deputy
fire marshal, is employed, shall,
during the period of the incapacity, pay the police officer,
fire fighter, crash rescue crewperson,
fire marshal, chief deputy fire marshal, or deputy fire
marshal, the salary or wage and benefits to
which the police officer, fire fighter, crash rescue
crewperson, fire marshal, chief deputy fire
marshal, or deputy fire marshal, would be entitled had he or
she not been incapacitated, and shall
pay the medical, surgical, dental, optical, or other
attendance, or treatment, nurses, and hospital
services, medicines, crutches, and apparatus for the necessary
period, except that if any city,
town, fire district, the state of
police officer, fire fighter, crash rescue crewperson,
fire marshal, chief deputy fire marshal, or
deputy fire marshal, with insurance coverage for the related
treatment, services, or equipment,
then the city, town, fire district, the state of
only obligated to pay the difference between the maximum
amount allowable under the insurance
coverage and the actual cost of the treatment, service, or
equipment. In addition, the cities, towns,
fire districts, the state of
expenses incurred by a member who has been placed on a
disability pension and suffers a
recurrence of the injury or illness that dictated his or her
disability retirement, subject to the
provisions of subsection (j) herein.
(b) As used in this
section, "police officer" means and includes any chief or other
member of the police department of any city or town
regularly employed at a fixed salary or wage
and any executive high sheriff, sheriff, deputy sheriff,
member of the fugitive task force, or
capitol police officer, permanent environmental police
officer or criminal investigator of the
department of environmental management, or airport police
officer.
(c) As used in this
section, "fire fighter" means and includes any chief or other member
of the fire department or rescue personnel of any city,
town, or fire district, and any person
employed as a member of the fire department of the town of
or district in any city or town.
(d) As used in this
section, "crash rescue crewperson" means and includes any chief or
other member of the emergency crash rescue section,
division of airports, or department of
transportation of the state of
(e) As used in this
section, "fire marshal," "chief deputy fire marshal", and
"deputy fire
marshal" mean and include the fire marshal, chief deputy
fire marshal, and deputy fire marshals
regularly employed by the state of
23.
(f) Any person employed
by the state of
the Rhode Island State Police, who is otherwise entitled
to the benefits of chapter 19 of this title
shall be subject to the provisions of chapters 29 -- 38 of
title 28 for all case management
procedures and dispute resolution for all benefits.
(g) In order to receive
the benefits provided for under this section, a police officer or
firefighter must prove to their employer that he or she had
reasonable grounds to believe that
there was an emergency which required an immediate need for
their assistance for the protection
or rescue of human life.
(h) Any claims to the
benefits provided for under this section resulting from the
rendering of emergency assistance in the state of
protection or rescue of human life while off-duty, shall first
require those covered by this section
to submit a sworn declaration to their employer
attesting to the date, time, place and nature of the
event involving the protection or rescue of human life
causing the professional assistance to be
rendered and the cause and nature of any injuries sustained in
the protection or rescue of human
life. Sworn declarations shall also be required from any
available witness to the alleged
emergency involving the protection or rescue of human life.
(i)
All declarations required under this section shall contain the following
language:
"Under penalty of
perjury, I declare and affirm that I have examined this declaration,
including any accompanying schedules and statements, and that
all statements contained herein
are true and correct."
(j) Any person
receiving injured on-duty benefits pursuant to this section, and subject to
the jurisdiction of the state retirement board for accidental
retirement disability, for an injury
occurring on or after July 1, 2011, shall be eligible to
receive such benefits for a total period of
eighteen (18) months after the date of the person’s injury
that resulted in said person’s injured on
duty status, except as provided for in subdivision
45-19-1(j)(2).
(1) Within eighteen
(18) months of being injured, the person shall apply for an accidental
disability retirement allowance from the state retirement board.
A person who so applies shall
continue to receive injured on duty payments until the
person’s application for an accidental
disability retirement allowance has been allowed or denied, and
if denied initially, then upon the
expiration of the appeal period from such decision to the workers’
compensation court pursuant to
section 45-21.2-9 of the general laws, or, if appealed, then
upon a decision from the workers’
compensation court denying said appeal, whichever is applicable.
(2) If a person with
injured on duty status fails to apply for an accidental disability
retirement allowance from the state retirement board within the
eighteen (18) month period set
forth in this subsection, that person’s injured on duty
payments shall terminate, unless said person
provides to the applicable municipality a written opinion from
a physician that states that it is the
physician’s opinion, to a reasonable degree of medical certainty,
that the person will be able to
return to work within six (6) months. In such event, the
injured person may continue to receive
injured on duty payments for a period, not to exceed six (6)
months, after the initial eighteen (18)
month period expires.
SECTION 8. Section 45-21.2-9 of the General Laws in Chapter
45-21.2 entitled
"Optional Retirement
for Members of Police Force and Fire Fighters" is hereby amended to read
as follows:
45-21.2-9.
Retirement for accidental disability. -- (a) Any member in active service,
regardless of length of service, is entitled to an accidental
disability retirement allowance.
Application for the allowance is made by the member or
on the member's behalf, stating that the
member is physically or mentally incapacitated for further
service as the result of an injury
sustained while in the performance of duty and certifying to
the time, place, and conditions of the
duty performed by the member which resulted in the alleged
disability and that the alleged
disability was not the result of the willful negligence or
misconduct on the part of the member,
and was not the result of age or length of service, and
that the member has not attained the age of
sixty-five (65). The application shall be made within
eighteen (18) months of the alleged accident
from which the injury has resulted in the member's present
disability and shall be accompanied by
an accident report and a physician's report certifying
to the disability. If the member was able to
return to his or her employment and subsequently reinjures
or aggravates the same injury, the
member shall make another application within eighteen (18)
months of the reinjury or
aggravation which shall be accompanied by a physician's report
certifying to the reinjury or
aggravation causing the disability. If a medical examination made
by three (3) physicians
engaged by the retirement board, and other investigations as
the board may make, confirms the
statements made by the member, the board may grant the member an
accidental disability
retirement allowance.
(b) For the purposes of
subsection (a), "aggravation" shall mean an intervening work-
related trauma that independently contributes to a member's
original injury that amounts to more
than the natural progression of the preexisting disease or
condition and is not the result of age or
length of service. The intervening independent trauma
causing the aggravation must be an
identifiable event or series of work-related events that are the
proximate cause of the member's
present condition of disability.
(c) "Occupational
cancer", as used in this section, means a cancer arising out of
employment as a fire fighter, due to injury due to exposures to
smoke, fumes, or carcinogenic,
poisonous, toxic, or chemical substances while in the
performance of active duty in the fire
department.
(d) For purposes of
subsection (a), "reinjury" shall mean a
recurrence of the original
work-related injury from a specific ascertainable event. The
specific event must be the proximate
cause of the member's present condition of disability.
(e) Any fire fighter,
including one employed by the state, or a municipal firefighter
employed by a municipality that participates in the optional
retirement for police officers and fire
fighters as provided in this chapter, who is unable to perform
his or her duties in the fire
department by reason of a disabling occupational cancer which
develops or manifests itself
during a period while the fire fighter is in the service of
the department, and any retired member
of the fire force of any city or town who develops
occupational cancer, is entitled to receive an
occupational cancer disability and he or she is entitled to all of
the benefits provided for in this
chapter, chapters 19, 19.1, and 21 of this title and chapter
10 of title 36 if the fire fighter is
employed by the state.
(f) In the event that
any party is aggrieved by the determination of the retirement board
pursuant to section 45-19-1, for an injury occurring on or
after July 1, 2011, the party may submit
an appeal to the
appeal with the retirement board and shall serve a copy of
the notice of appeal upon the opposing
party.
(g) Within twenty (20)
days of the receipt of the notice of appeal, the retirement board
shall transmit the entire record of proceedings before it,
together with its order, to the workers’
compensation court.
(h) In the event that
a party files a notice of appeal to the workers’ compensation court,
the order of the retirement board shall be stayed pending
further action by the court pursuant to
the provisions of
(i)
Upon receipt of the record of proceedings before the retirement board, the
court shall
assign the matter to a judge and shall issue a notice at the
time advising the parties of the judge to
whom the case has been assigned and the date for pretrial
conference in accordance with Rhode
Island general law section
28-35-20.
(j) All proceedings
filed with the workers’ compensation court pursuant to this section
shall be de novo and shall be subject to the provisions of
chapters 29 to 38 of Title 28 for all case
management procedures and dispute resolution processes, as
provided under the rules of workers’
compensation court. Where the matter has been heard and decided by
the workers’ compensation
court, the court shall retain jurisdiction to review any
prior orders or decrees entered by it. Such
petitions to review shall be filed directly with the workers’
compensation court and shall be
subject to the case management and dispute resolution
procedures set forth in chapters 29 through
38 of title 28 (“Labor and Labor
Relations”).
(k) If the court determines
that a member qualifies for accidental disability retirement, the
member shall receive a retirement allowance equal to
sixty-six and two-thirds percent (66 2/3%)
of the rate of the member's compensation at the date of
the member's retirement, subject to the
provisions of section 45-21-31.
SECTION 9. 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. [Effective June 30, 2009 and expires June 30,
2011.].
– (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. For the fiscal
year ending June 30, 2010, the total
state distribution shall be the same total amount
distributed in the fiscal year ending June 30,
2009 and shall be made from general appropriations,
provided however that $784,458 of the total
appropriation shall be distributed equally to each qualifying
distressed community. For the fiscal
year ending June 30, 2011, seven hundred eighty-four
thousand four hundred fifty-eight dollars
($784,458) of the total appropriation shall be
distributed equally to each qualifying distressed
community.
(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, no funding shall be disbursed. For the fiscal
year ending June 30, 2010 and thereafter,
funding shall be determined by appropriation.
(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
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 except that
effective November 9, 2009, the
allocation shall be one and two tenths percent (1.2%) of net
terminal income of authorized
machines at Newport Grand for each week the facility operates
video lottery games on a twenty-
four (24) hour basis for all eligible hours authorized and
to the town of
six hundredths percent (1.26%) of net terminal income of
authorized machines at
except that effective November 9, 2009, the allocation shall
be one and forty-five hundredths
percent (1.45%) of net terminal income of authorized machines
at
facility operates video lottery games on a twenty-four (24)
hour basis for all eligible hours
authorized;
(5) To the Narragansett
Indian Tribe, seventeen hundredths of one percent (0.17%) of net
terminal income of authorized machines at
($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; and
(6) Unclaimed prizes
and credits shall remit to the general fund of the state;
(7) Payments into the
state's general fund specified in subdivisions (a)(1)
and (a)(6) 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.
(b) Notwithstanding the
above, the amounts payable by the Division to UTGR related to
the Marketing Program shall be paid on a frequency agreed
by the Division, but no less
frequently than annually.
(c) Notwithstanding
anything in this chapter 61.2 of this title 42 to the contrary, the
Director is authorized to fund the Marketing Program
as described above in regard to the First
Amendment to the UTGR Master
Contract.
(d) Notwithstanding the
above, the amounts payable by the Division to Newport Grand
related to the Marketing Program shall be paid on a frequency
agreed by the Division, but no less
frequently than annually.
(d)(e)
Notwithstanding anything in this chapter 61.2 of this title 42 to the contrary
the
Director is authorized to fund the Marketing Program
as described in regard to the First
Amendment to the
SECTION 10. 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. [Effective June 30, 2011.] --
(a) Notwithstanding the
provisions of section 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 section
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 section 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.
For the fiscal year ending June 30, 2010, the
total state distribution shall be the same total amount
distributed in the fiscal year ending June 30,
2009 and shall be made from general appropriations,
provided however that $784,458 of the total
appropriation shall be distributed equally to each qualifying distressed
community. For each of
the fiscal years ending June 30, 2011 and June 30, 2012,
seven hundred eighty-four thousand four
hundred fifty-eight dollars ($784,458) of the total
appropriation shall be distributed equally to
each qualifying distressed community.
(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 section 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 section 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, no funding shall be disbursed. For the fiscal year
ending June 30, 2010 and thereafter,
funding shall be determined by appropriation.
(2) To the licensed
video lottery retailer:
(a) (i) 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) (i) 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) (i) 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
hundredths percent (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
($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; and
(6) Unclaimed prizes
and credits shall remit to the general fund of the state; and
(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.
(b) Notwithstanding the
above, the amounts payable by the Division to UTGR related to
the Marketing Program shall be paid on a frequency agreed
by the Division, but no less
frequently than annually.
(c) Notwithstanding
anything in this chapter 61.2 of this title 42 to the contrary, the
Director is authorized to fund the Marketing Program
as described above in regard to the First
Amendment to the UTGR Master
Contract.
(d) Notwithstanding the
above, the amounts payable by the Division to Newport Grand
related to the Marketing Program shall be paid on a frequency
agreed by the Division, but no less
frequently than annually.
(e) Notwithstanding
anything in this chapter 61.2 of this title 42 to the contrary, the
Director is authorized to fund the Marketing Program
as described above in regard to the First
Amendment to the
SECTION 11. Section 45-13-12 of the General Laws in Chapter
45-18 entitled
“Distressed communities relief fund” is hereby amended to read as
follows:
45-13-12. Distressed communities relief fund. -- (a) There is established a fund to
provide state assistance to those
tax burdens relative to the wealth of taxpayers.
(b) Establishment of indices. Four (4) indices of distress shall be
established to determine
eligibility for the program. Each community shall be ranked by
each distress index and any
community which falls into the lowest twenty percent (20%) of
at least three (3) of the four (4)
indices shall be eligible to receive assistance. The four (4)
indices are established as follows:
(1) Percent of tax levy to full value of property. This shall be
computed by dividing the
tax levy of each municipality by the full value of
property for each municipality. For the 1990-91
fiscal year, tax levy and full value shall be as of the
assessment date December 31, 1986.
(2) Per capita income. This shall be the most recent estimate
reported by the
Department of Commerce, Bureau of
the Census.
(3) Percent of personal income to full value of property. This
shall be computed by
multiplying the per capita income above by the most recent
population estimate as reported by the
U.S. Department of Commerce, Bureau of the Census, and
dividing the result by the full value of
property.
(4) Per capita full value of property. This shall be the full value
of property divided by
the most recent estimate of population by the U.S.
Department of Commerce, Bureau of the
Census.
(c) Distribution of funds. Funds shall be distributed to each
eligible community on the
basis of the community's tax levy relative to the total tax
levy of all eligible communities. For the
fiscal year 1990-91, the reference year for the tax levy
shall be the assessment date of December
31, 1988. For each fiscal year thereafter, except for fiscal
year 2007-2008, the reference year and
the fiscal year shall bear the same relationship. For the
fiscal year 2007-2008 the reference year
shall be the same as for the distributions made in fiscal
year 2006-2007. Any newly qualifying
community shall be paid fifty percent (50%) of current law
requirements the first year it qualifies.
The remaining fifty percent (50%) shall be distributed
to the other distressed communities
proportionately. When any community falls out of the distressed
community program, it shall
receive a one-time payment of fifty percent (50%) of the
prior year requirement exclusive of any
reduction for first year qualification. The community shall be
considered a distressed community
in the fall-out year.
(d) Appropriation of funds. The state of
annual appropriations act to support this program. For
each of the fiscal years ending June 30,
2011 and June 30, 2012, seven hundred eighty-four
thousand four hundred fifty-eight dollars
($784,458) of the total appropriation shall be
distributed equally to each qualifying distressed
community.
(e) Payments. Payments shall be made to eligible communities each
March equal to one
half of the appropriated amount and each August equal to
one half of the appropriated amount.
SECTION 12. Section 29-6-6 of the General Laws in Chapter
29-6 entitled "State Aid to
Libraries" is hereby
amended to read as follows:
29-6-6.
Construction and capital improvements. -- The
office of library and
information services may cause to be paid to a city or town
treasurer, or to any free public library
in the state, such a grant-in-aid for the construction
and capital improvement of any free public
library as the chief of library services may determine is
necessary and desirable to provide better
free library services to the public, which shall be paid
in accordance with the following
provisions:
(1) No grant-in-aid
shall be made unless the city or town receiving the grant-in-aid shall
cause to be appropriated for the same purpose an amount
from its own funds and not from any
federal grant or other federal financial assistance equal to
or more than the state grant-in-aid, or
unless funds from private sources are dedicated for the same
purpose in an amount equal to or
more than the state grant-in-aid, or unless the total of
the city or town appropriation and the funds
from private sources for the same purpose is equal to or
more than the state grant-in-aid.
(2) The state grant-in-aid may be paid in installments over a period of years
up to a
maximum of twenty (20) years, beginning in the fiscal year
during which the project is accepted
by the office of library and information services. Whenever
a grant-in-aid is paid on the
installment basis permitted herein, there shall be included in
the state grant-in-aid the interest cost
actually incurred by the city or town, or any free public
library, as a result of its having to borrow
the state's portion of the total cost of the library
project. The amount of this interest cost shall be
computed on the actual interest cost paid by the city or town,
or free public library, less any
applicable accrued interest, premiums, and profits from
investments, over the period of time
elapsing between the date borrowed funds are made available
and the date of the last installment
payment of the state grant-in-aid. Interest cost incurred by
the city or town, or any free public
library, as a result of having to borrow its portion of the
total cost of the library project shall not
be considered a part of the total cost of the project
for the purposes of matching provided for in
paragraph (1) of this section. Nothing contained herein shall
prohibit the office of library and
information services from accelerating the schedule of annual
installments, or from paying the
balance due of the state's grant-in-aid in a lump sum;
provided, however, that the state grant-in-
aid in any fiscal year shall include no less than
one-twentieth (1/20) of the state's total
reimbursable principal obligations. Notwithstanding the
provisions of this section, the chief of
library services shall not grant accept any applications for
library projects until July 1, 2014.
SECTION 13. Section 44-35-10 of the General Laws in Chapter
44-35 entitled "Property
Tax and Fiscal Disclosure -
Municipal Budgets" is hereby amended to read as follows:
44-35-10. Balanced
municipal budgets. – Balanced municipal budgets –
Additional
reporting requirements – Electronic reporting/municipal uniform
chart of accounts. -- (a)
The operating budgets for all cities and towns shall
provide for total appropriations which do not
exceed total estimated receipts, taking into account any
general fund surplus or deficit estimated
to be carried over from the current fiscal year. The
funding of accumulated deficits shall be
consistent with the provisions of section 45-12-22.
(b) The chief elected
official in each city and town shall provide to the division of
municipal finance within thirty (30) days of final action, in
the form and format required by the
division, the adopted budget survey.
(c) Within thirty
(30) days of final action as referenced in subsection (b) above each city
or town shall provide to the division a five (5) year
forecast, in the form and format required by
the division, for major funds as defined by generally
accepted accounting principles as
established by the governmental accounting standards board
(GASB). The forecast shall include,
but not be limited to, a scenario reflecting pensions and
post employment Benefits other than
pensions (OPEB) obligations at one hundred percent (100%) of
the annual required contribution
(ARC), both for the general and
unrestricted school funds.
The forecast shall also reflect any and
all underlying assumptions.
(d) Within sixty (60)
days of executing changes in healthcare benefits, pension benefits
and OPEB a municipality shall provide a fiscal impact
statement to the division of municipal
finance, reflecting the impact on any unfunded liability and
ARC, as well as the impact on the
five (5) year forecast. The fiscal impact statements shall
show underlying actuarial assumptions
and provide support for underlying assumptions.
(e) A municipality
shall join electronic reporting/implement municipal uniform chart of
accounts (UCOA), within six (6) months of implementation.
SECTION 14. Section 45-12-22.2 of the General Laws in
Chapter 45-12 entitled
"Indebtedness of Towns
and Cities" is hereby amended to read as follows:
45-12-22.2. Monitoring of financial operations -- Corrective action. --
(a) The chief
financial officer of each municipality and each school district
within the state shall continuously
monitor their financial operations by tracking actual versus
budgeted revenue and expense.
(b) The chief financial
officer of the municipality shall submit a report on a monthly
basis to the municipality's chief executive officer, each
member of the city or town council, and
school district committee certifying the status of the
municipal budget including the school
department budget or regional school district. The chief
financial officer of the municipality shall
also submit a quarterly report on or before the
25th day of the month succeeding the end of each
fiscal quarter a
quarterly basis to the division of property valuation municipal
finance and the
auditor general
certifying the status of the municipal budget. Each quarterly report
submitted
must be signed by the chief executive officer, chief
financial officer as well as the superintendent
of the school district and chief financial officer for
the school district. The report has to be
submitted to the city/town council president and the school
committee chair. It is encouraged, but
not required, to have the council president/school
committee chair sign the report. The
chief
financial officer of the school department or school district
shall certify the status of the school
district's budget and shall assist in the preparation of these
reports. The monthly and quarterly
reports shall be in a format prescribed by the division of property
valuation municipal finance and
the state auditor general. The reports shall contain a
statement as to whether any actual or
projected shortfalls in budget line items are expected to
result in a year-end deficit, the projected
impact on year-end financial results including all accruals
and encumbrances, and how the
municipality and school district plans to address any such
shortfalls.
(c) If any of the
quarterly reports required under subsection (b) above this
section project
a year-end deficit, the chief financial officer of the municipality
shall submit to the state division
office of municipal affairs finance and the
auditor general a corrective action plan signed by the
chief executive officer and chief financial officer on or
before the last day of the month succeeding
the close of the fiscal quarter no later than thirty (30) days after completion of
the monthly budget
analysis referred to in subsection (b) above, which provides for the avoidance of a year-end
deficit. The plan may include recommendations as to whether
an increase in property taxes and/or
spending cuts should be adopted to eliminate the deficit. The
plan shall include a legal opinion by
municipal counsel that the proposed actions under the plan are
permissible under federal, state,
and local law. The state office division of
municipal affairs may rely on the written
representations made by the municipality in the plan and will not be
required to perform an audit.
(d) If the division of property
valuation municipal finance concludes the plan required
hereunder is insufficient and/or fails to adequately address
the financial condition of the
municipality, the division of property valuation municipal
finance can elect to pursue the
remedies identified in section 45-12-22.7.
(e) The reports required
shall include the financial operations of any departments or
funds of municipal government including the school
department or the regional school district,
notwithstanding the status of the entity as a separate legal body.
This provision does not eliminate
the additional requirements placed on local and regional
school districts by sections 16-2-9(f) and
16-3-11(e)(3).
SECTION 15. Section 45-12-22.3 of the General Laws in
Chapter 45-12 entitled
"Indebtedness of Towns
and Cities" is hereby amended to read as follows:
45-12-22.3.
Year-end deficits. -- (a) If, at the end of any
fiscal year, the chief financial
official determines, based on available data, that it is
likely the city or town's general fund or
combined general fund and unrestricted school special revenue
fund will incur a deficit, the
municipality must notify the auditor general and the division
of municipal finance within thirty
(30) days and immediately develop a plan to eliminate the deficit.
The plan shall provide for the
elimination of the accumulated year-end deficit by annual
appropriation, over no more than five
(5) years, in equal or
diminishing amounts. The plan shall indicate the necessary governmental
approvals and procedures required, and shall include a legal
opinion by municipal counsel that
the proposed action is permissible under federal, state,
and local law.
(b) The plan to
eliminate the year-end deficit shall be submitted to the state auditor
general for approval. The state auditor general shall
determine whether the plan reasonably
insures elimination of the accumulated deficit in accordance
with the law in a fiscally responsible
manner. The state auditor general may rely on the written
representations made by the
municipality in the plan and will not be required to perform an
audit. The judgment of the state
auditor general in applying this standard shall be
conclusive.
(c) If the state
auditor general determines the plan is insufficient and/or fails to
adequately address the financial condition of the municipality,
or if a plan is not submitted, then
in such event, the state auditor general can petition
the superior court for mandatory injunctive
relief seeking to compel the municipality to submit a plan
as required hereunder. The state auditor
general shall also have standing to pursue the appropriate
remedies identified in section 45-12-
22.7.
SECTION 16. Section 44-5-22 of the General Laws in Chapter
44-5 entitled "Levy and
Assessment of Local
Taxes" is hereby amended to read as follows:
44-5-22.
Certification of tax roll. -- The tax levy shall
be applied to the assessment roll
and the resulting tax roll certified by the assessors to
the city or town clerk, city or town treasurer,
or tax collector, as the case may be, and to the
department of revenue division of municipal
finance, not later than the next succeeding August 15. Thereafter, the assessor shall cause to be
published in a newspaper of general circulation within the city
or town the rate of tax and the
percentage of fair market value employed in assessing the tax on
manufacturer's machinery and
equipment.
SECTION 17. Section 42-142-1 of the General Laws in Chapter
42-142 entitled
"Department of Revenue"
is hereby amended to read as follows:
42-142-1.
Department of revenue. -- (a) There is hereby
established within the
executive branch of state government a department of revenue.
(b) The head of the
department shall be the director of revenue, who shall be appointed
by the governor, with the advice and consent of the
senate, and shall serve at the pleasure of the
governor.
(c) The department
shall contain the division of taxation (chapter 44-1), the division of
motor vehicles (chapter 32-2), the division of state
lottery (chapter 42-61), the office of revenue
analysis (chapter 42-142), and the division of property
valuation municipal finance (chapter 42-
142). Any reference
to the division of property valuation, division of property valuation and
municipal finance, or office of municipal affairs in the
division of municipal finance.
SECTION 18. Section 16-2-9 of the General Laws in Chapter
16-2 entitled "School
Committees and Superintendents"
is hereby amended to read as follows:
16-2-9. General powers and duties of school committees. -- (a) The entire care,
control, and management of all public school interests of the
several cities and towns shall be
vested in the school committees of the several cities and
towns. School committees shall have, in
addition to those enumerated in this title, the following
powers and duties:
(1) To identify
educational needs in the community.
(2) To develop
education policies to meet the needs of the community.
(3) To provide for and
assure the implementation of federal and state laws, the
regulations of the board of regents for elementary and secondary
education, and of local school
policies, programs, and directives.
(4) To provide for the
evaluation of the performance of the school system.
(5) To have
responsibility for the care and control of local schools.
(6) To have overall
policy responsibility for the employment and discipline of school
department personnel.
(7) To approve a master
plan defining goals and objectives of the school system. These
goals and objectives shall be expressed in terms of what
men and women should know and be
able to do as a result of their educational experience.
The committee shall periodically evaluate
the efforts and results of education in light of these
objectives.
(8) To provide for the
location, care, control, and management of school facilities and
equipment.
(9) To adopt a school
budget to submit to the local appropriating authority.
(10) To adopt any
changes in the school budget during the course of the school year.
(11) To approve
expenditures in the absence of a budget, consistent with state law.
(12) To employ a superintendent
of schools and assign any compensation and other
terms and conditions as the school committee and
superintendent shall agree, provided that in no
event shall the term of employment of the superintendent
exceed three (3) years. Nothing
contained in this chapter shall be construed as invalidating or
impairing a contract of a school
committee with a school superintendent in force on May 12,
1978.
(13) To give advice and
consent on the appointment by the superintendent of all school
department personnel.
(14) To establish
minimum standards for personnel, to adopt personnel policies, and to
approve a table of organization.
(15) To establish
standards for the evaluation of personnel.
(16) To establish
standards for conduct in the schools and for disciplinary actions.
(17) To hear appeals
from disciplinary actions.
(18) To enter into
contracts.
(19) To publish policy
manuals which shall include all school committee policies.
(20) To establish
policies governing curriculum, courses of instruction,
and text books.
(21) To provide for
transportation services which meet or exceed standards of the board
of regents for elementary and secondary education.
(22) To make any reports
to the department of education as are required by the board of
regents for elementary and secondary education.
(23) To delegate,
consistent with law, any responsibilities to the superintendent as the
committee may deem appropriate.
(24) To address the
health and wellness of students and employees.
(25) To establish a
subcommittee of the school board or committee to decrease obesity
and address school health and wellness policies for
students and employees consistent with
section 16-21-28.
(26) To annually
undertake a minimum of six (6) hours of professional development as
set forth and described in section 16-2-5.1.
(b) Nothing in this
section shall be deemed to limit or interfere with the rights of teachers
and other school employees to collectively bargain
pursuant to chapters 9.3 and 9.4 of title 28 or
to allow any school committee to abrogate any agreement
reached by collective bargaining.
(c) The school
committees of each city, town, or regional school district shall have the
power to bind their successors and successor committees by
entering into contracts of
employment in the exercise of their governmental functions.
(d) Notwithstanding any
provisions of the general laws to the contrary, the requirement
defined in subsections (d) through (f) of this section shall
apply. The school committee of each
school district shall be responsible for maintaining a
school budget which does not result in a
debt.
(e) The school
committee shall, within thirty (30) days after the close of the first and
second quarters of the state's fiscal year, adopt a budget
as may be necessary to enable it to
operate without incurring a debt, as described in subsection
(d).
(f) In the event that
any obligation, encumbrance, or expenditure by a superintendent of
schools or a school committee is in excess of the amount
budgeted or that any revenue is less than
the amount budgeted, the school committee shall within
five (5) working days of its discovery of
potential or actual over expenditure or revenue deficiency
submit a written statement of the
amount of and cause for the over obligation or over
expenditure or revenue deficiency to the city
or town council president and any other person who by
local charter or statute serves as the city
or town's executive officer; the statement shall further
include a statement of the school
committee's plan for corrective actions necessary to meet the
requirements of subsection (d). The
plan shall be approved by the auditor general and also
submitted to the division of municipal
finance.
(g) Notwithstanding any
other provision of law, whether of general or specific
application, and notwithstanding any contrary provision of any
city or town charter or ordinance,
the elected school committee of any city, town and
regional school district shall be, and is hereby
authorized to retain the services of such independent legal
counsel as it may deem necessary and
convenient. Any counsel so retained shall be compensated out of
funds duly appropriated to the
school committee, and in no event shall the independent
counsel be deemed to be an employee of
the pertinent city or town for any purpose.
SECTION 19. This Article shall take effect upon passage..