	2008 -- H 7390
	=======
	LC01320
	=======
	STATE OF RHODE ISLAND

	IN GENERAL ASSEMBLY

	JANUARY SESSION, A.D. 2008

	____________


	A N A C T
	MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR FISCAL YEAR
	ENDING JUNE 30, 2009


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

	Date Introduced: February 06, 2008

	Referred To: House Finance




	It is enacted by the General Assembly as follows:

1-1	ARTICLE 1 RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2009
1-2	ARTICLE 2 RELATING TO BORROWING IN ANTICIPATION OF RECEIPTS FROM
1-3	TAXES
1-4	ARTICLE 3 RELATING TO BOND PREMIUMS
1-5	ARTICLE 4 RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTION
1-6	ARTICLE 5 RELATING TO CAPITAL DEVELOPMENT PROGRAM
1-7	ARTICLE 6 RELATING TO SECRETARY OF STATE LEGISLATIVE MANUAL
1-8	ARTICLE 7 RELATING TO PERMITS FOR SALE OF BOTTLED WATER
1-9	ARTICLE 8 RELATING TO TRANSPORTATION OF STUDENTS
1-10	ARTICLE 9 RELATING TO EDUCATION AID
1-11	ARTICLE 10 RELATING TO SUBSTANCE ABUSE PREVENTION ACT
1-12	ARTICLE 11 RELATING TO HEALTH PROFESSIONS - LICENSED CHEMICAL
1-13	DEPENDENCY PROFESSIONALS
1-14	ARTICLE 12 RELATING TO TREATMENT ALTERNATIVES TO STREET CRIME
1-15	PROGRAM
1-16	ARTICLE 13 RELATING TO MUNICIPAL INCENTIVE PAY PROGRAMS
1-17	ARTICLE 14 RELATING TO MUNICIPAL FINANCES
1-18	ARTICLE 15 RELATING TO STATE AID
2-1	ARTICLE 16 RELATING TO TEMPORARY ASSISTANCE PROGRAMS FOR NEEDY
2-2	FAMILIES
2-3	ARTICLE 17 RELATING TO RHODE ISLAND MEDICAID REFORM ACT
2-4	ARTICLE 18 RELATING TO HUMAN SERVICES – HOSPITAL RATE PAYMENT
2-5	ARTICLE 19 RELATING TO HOSPITAL UNCOMPENSATED CARE
2-6	ARTICLE 20 RELATING TO HUMAN SERVICES - CHILDREN’S HEALTH ACCOUNT
2-7	ARTICLE 21 RELATING TO GENERAL PUBLIC ASSISTANCE - HARDSHIP
2-8	ARTICLE 22 RELATING TO STATE POLICE RETIREMENT PROVISIONS
2-9	ARTICLE 23 RELATING TO RHODE ISLAND TELECOMMUNICATIONS
2-10	EDUCATION ACCESS FUND
2-11	ARTICLE 24 RELATING TO DCYF RESIDENTIAL PLACEMENTS
2-12	ARTICLE 25 RELATING TO DELINQUENT AND DEPENDENT CHILDREN
2-13	ARTICLE 26 RELATING TO SUPPLEMENTAL SECURITY INCOME
2-14	ARTICLE 27 RELATING TO CHILD CARE – STATE SUBSIDIES
2-15	ARTICLE 28 RELATING TO CHILD CARE SERVICES
2-16	ARTICLE 29 RELATING TO PUBLIC UTILITIES COMMISSION
2-17	ARTICLE 30 RELATING TO MUNICIPAL ELECTIONS
2-18	ARTICLE 31 RELATING TO LICENSING OF HOSPITAL FACILITIES
2-19	ARTICLE 32 RELATING TO PROPRIETARY SCHOOLS
2-20	ARTICLE 33 RELATING TO BUSINESS REGULATION
2-21	ARTICLE 34 RELATING TO CHILDHOOD IMMUNIZATION AND KIDSNET
2-22	ARTICLE 35 RELATING TO RETIREMENT OF JUSTICES AND JUDGES
2-23	ARTICLE 36 RELATING TO COLLECTIVE BARGAINING FISCAL IMPACT
2-24	STATEMENTS
2-25	ARTICLE 37 RELATING TO CRIME VICTIMS’ COMPENSATION FUND
2-26	ARTICLE 38 RELATING TO MUNICIPAL TIPPING FEES
2-27	ARTICLE 39 RELATING TO NEWBORN SCREENING PROGRAM
2-28	ARTICLE 40 RELATING TO NURSING FACILITIES COST OF LIVING ADJUSTMENT
2-29	ARTICLE 41 RELATING TO HEALTH REGULATORY PROGRAMS
2-30	ARTICLE 42 RELATING TO ELDERLY AFFAIRS PROGRAMS
2-31	ARTICLE 43 RELATING TO DEPARTMENT OF ELDERLY AFFAIRS AND ADVOCACY
2-32	ARTICLE 44 RELATING TO DEPARTMENT OF PUBLIC SAFETY
2-33	ARTICLE 45 RELATING TO DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
2-34	ARTICLE 46 RELATING TO EFFECTIVE DATE
3-1	ARTICLE 1
3-2	RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2009
3-3	SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained
3-4	in this act, the following general revenue amounts are hereby appropriated out of any money in
3-5	the treasury not otherwise appropriated to be expended during the fiscal year ending June 30,
3-6	2009. The amounts identified for federal funds and restricted receipts shall be made available
3-7	pursuant to section 35-4-22 and Chapter 41 of Title 42 of the Rhode Island General Laws. For
3-8	the purposes and functions hereinafter mentioned, the state controller is hereby authorized and
3-9	directed to draw his or her orders upon the general treasurer for the payment of such sums or such
3-10	portions thereof as may be required from time to time upon receipt by him or her of properly
3-11	authenticated vouchers.
3-12	Administration
3-13	Central Management
3-14	General Revenue Total 1,664,118
3-15	Federal Funds Total 191,205
3-16	Total - Central Management 1,855,323
3-17	Legal Services
3-18	General Revenue Total 2,578,329
3-19	Other Funds
3-20	Legal Support/DOT 249,305
3-21	Other Funds Total 249,305
3-22	Total – Legal Services 2,827,634
3-23	Accounts and Control
3-24	General Revenue Total 3,886,437
3-25	Total - Accounts and Control 3,886,437
3-26	Budgeting
3-27	General Revenue Total 2,126,819
3-28	Total - Budgeting 2,126,819
3-29	Purchasing
3-30	General Revenue Total 2,280,079
3-31	Total - Purchasing 2,280,079
3-32	Auditing
3-33	General Revenue Total 1,848,952
3-34	Total - Auditing 1,848,952
4-1	Human Resources
4-2	General Revenue Total 10,178,561
4-3	Federal Funds Total 1,871,902
4-4	Restricted Receipts Total 320,923
4-5	Other Funds Total 550,917
4-6	Total - Human Resources 12,922,303
4-7	Personnel Appeal Board
4-8	General Revenue Total 111,226
4-9	Total - Personnel Appeal Board 111,226
4-10	Facilities Management
4-11	General Revenue Total 39,299,779
4-12	Federal Funds Total 8,242,199
4-13	Restricted Receipts Total 1,144,994
4-14	Other Funds Total 615,715
4-15	Total – Facilities Management 49,302,687
4-16	Capital Projects and Property Management
4-17	General Revenue Total 3,887,058
4-18	Total – Capital Projects and Property Management 3,887,058
4-19	Information Technology
4-20	General Revenue Total 20,195,145
4-21	Federal Funds Total 6,667,124
4-22	Restricted Receipts Total 2,060,780
4-23	Other Funds Total 2,408,197
4-24	Total – Information Technology 31,331,246
4-25	Library and Information Services
4-26	General Revenue Total 927,319
4-27	Federal Funds Total 1,079,587
4-28	Restricted Receipts Total 5,000
4-29	Total – Library and Information Services 2,011,906
4-30	Planning
4-31	General Revenue Total 3,731,488
4-32	Federal Funds total 12,343,976
4-33	Other Funds
4-34	Federal Highway - PL Systems Planning 1,634,147
5-1	Air Quality Modeling 20,800
5-2	Other Funds Total 1,654,947
5-3	Total - Planning 17,730,411
5-4	General
5-5	General Revenues
5-6	Contingency Fund 1,000,000
5-7	Economic Development Corporation 6,963,807
5-8	EDC-RI Airport Corporation Impact Aid 1,000,754
5-9	EDC EPScore (Research Alliance) 1,500,000
5-10	Miscellaneous Grants 400,456
5-11	Slater Centers of Excellence 3,000,000
5-12	Torts – Court 400,000
5-13	Convention Center 4,100,000
5-14	State Employees/Teachers Retiree Health Subsidy 479,502
5-15	Motor Vehicle Excise Tax Payment 139,586,645
5-16	Property Valuation 1,272,000
5-17	General Revenue Sharing Program 55,015,865
5-18	Payment in Lieu of Tax Exempt Properties 27,766,967
5-19	Distressed Communities Relief Program 10,384,458
5-20	Resource Sharing and State Library Aid 8,773,398
5-21	Library Construction Aid 2,765,729
5-22	General Revenue Total 264,409,581
5-23	Restricted Receipts Total 1,378,997
5-24	Other Funds
5-25	RICAP - Statehouse Renovations 2,000,000
5-26	RICAP - Lead Mitigation Group Homes 300,000
5-27	RICAP - Cranston Street Armory 1,300,000
5-28	RICAP - Cannon Building 515,000
5-29	RICAP - Pastore Center Rehab. DOA 1,000,000
5-30	RICAP - Zambarano Building Rehabilitation 600,000
5-31	RICAP - Pastore Center Master Plan 350,000
5-32	RICAP - Old State House 500,000
5-33	RICAP - State Office Building 500,000
5-34	RICAP - Old Colony House 300,000
6-1	RICAP - William Powers Building 750,000
6-2	RICAP - Fire Code Compliance State Buildings 500,000
6-3	RICAP - Pastore Center Fire Code Compliance 900,000
6-4	RICAP - Pastore Center Water Tanks 520,000
6-5	RICAP – Ladd Center Water System 500,000
6-6	RICAP - Pastore Center Power Plant 2,100,000
6-7	RICAP - Replacement of Fueling Tanks 600,000
6-8	RICAP - Environmental Compliance 550,000
6-9	RICAP – Pastore Utilities Upgrade 1,750,000
6-10	RICAP – Pastore Center Building Demolition 250,000
6-11	RICAP – Health Laboratory Feasibility Study 175,500
6-12	Other Funds Total 15,960,500
6-13	Total - General 281,749,078
6-14	Debt Service Payments
6-15	General Revenue Total 140,022,205
6-16	Federal Funds Total 735,248
6-17	Restricted Receipts Total 4,383,227
6-18	Other Funds
6-19	RIPTA Debt Service 765,484
6-20	Transportation Debt Service 41,454,976
6-21	RIRBA - DLT – Temporary Disability Insurance 45,586
6-22	COPS - DLT Building – TDI 213,880
6-23	COPS – DLT Building Reed Act 5,357
6-24	Other Funds Total 42,485,283
6-25	Total - Debt Service Payments 187,625,963
6-26	Energy Resources
6-27	Federal Funds Total 18,079,657
6-28	Restricted Receipts
6-29	Overcharge Interest Earnings 350,000
6-30	Energy Efficiency and Resources Mgmt. Council 598,957
6-31	Affordable Energy Fund 1,875,000
6-32	Regional Greenhouse Gas Initiative 10,000,000
6-33	Renewable Energy Fund Administration 182,538
6-34	Renewable Energy Development Fund Administration 266,483
7-1	Demand Side Management Grants 2,127,716
7-2	Restricted Receipts Total 15,400,694
7-3	Total – Energy Resources 33,480,351
7-4	Personnel Reform
7-5	General Revenues
7-6	Savings from Retirement Vacancies (16,836,489)
7-7	Personnel Savings (33,391,483)
7-8	General Revenue Total (50,227,972)
7-9	Federal Funds
7-10	Savings from Retirement Vacancies (5,024,646)
7-11	Personnel Savings (9,981,083)
7-12	Federal Funds Total (15,005,729)
7-13	Restricted Receipts
7-14	Savings from Retirement Vacancies (1,039,274)
7-15	Personnel Savings (2,066,513)
7-16	Restricted Receipts Total (3,105,787)
7-17	Other Funds
7-18	Savings from Retirement Vacancies (7,641,748)
7-19	Personnel Savings (15,162,522)
7-20	Other Funds Total (22,804,270)
7-21	Total – Personnel Reform (91,143,758)
7-22	Operational Savings
7-23	General Revenue Total (560,942)
7-24	Federal Funds Total (253,130)
7-25	Restricted Receipts Total (182,434)
7-26	Other Funds Total (182,434)
7-27	Total – Operational Savings (1,178,940)
7-28	Grand Total - General Revenue 446,358,182
7-29	Grand Total - Administration 542,654,775
7-30	Business Regulation
7-31	Central Management
7-32	General Revenue Total 1,133,343
7-33	Total - Central Management 1,133,343
7-34	Banking and Securities Regulation
8-1	General Revenue Total 2,909,442
8-2	Restricted Receipts Total 150,000
8-3	Total - Banking and Securities Regulation 3,059,442
8-4	Commercial Licensing, Racing and Athletics
8-5	General Revenue Total 963,559
8-6	Restricted Receipts Total 488,248
8-7	Total - Commercial Licensing, Racing and Athletics 1,451,807
8-8	Insurance Regulation
8-9	General Revenue Total 4,711,900
8-10	Restricted Receipts Total 907,390
8-11	Total - Insurance Regulation 5,619,290
8-12	Board of Accountancy
8-13	General Revenue Total 156,595
8-14	Total – Board of Accountancy 156,595
8-15	Boards for Design Professionals
8-16	General Revenue Total 328,227
8-17	Total – Boards for Design Professionals 328,227
8-18	Grand Total - General Revenue 10,203,066
8-19	Grand Total - Business Regulation 11,748,704
8-20	Labor and Training
8-21	Central Management
8-22	General Revenue Total 184,235
8-23	Restricted Receipts Total 486,441
8-24	Total - Central Management 670,676
8-25	Workforce Development Services
8-26	General Revenue Total 101,561
8-27	Federal Funds Total 19,208,891
8-28	Restricted Receipts Total 5,502,398
8-29	Other Funds
8-30	Reed Act – Workforce Development 1,463,179
8-31	Other Funds Total 1,463,179
8-32	All of the $1.5 million appropriated from Reed Act funds, may be for the
8-33	administration of this state’s employment compensation law and public employment service
8-34	offices.
9-1	Total - Workforce Development Services 26,276,029
9-2	Workforce Regulation and Safety
9-3	General Revenue Total 2,377,263
9-4	Total - Workforce Regulation and Safety 2,377,263
9-5	Income Support
9-6	General Revenue Total 3,175,354
9-7	Federal Funds Total 16,186,305
9-8	Restricted Receipts Total 1,504,008
9-9	Other Funds
9-10	Temporary Disability Insurance Fund 177,552,838
9-11	Employment Security Fund 238,690,431
9-12	Other Funds Total 416,243,269
9-13	Total - Income Support 437,108,936
9-14	Injured Workers Services
9-15	Restricted Receipts Total 11,575,922
9-16	Total - Injured Workers Services 11,575,922
9-17	Labor Relations Board
9-18	General Revenue Total 461,579
9-19	Total - Labor Relations Board 461,579
9-20	Grand Total - General Revenue 6,299,992
9-21	Grand Total - Labor and Training 478,470,405
9-22	Department of Revenue
9-23	Director of Revenue Office
9-24	General Revenue Total 632,972
9-25	Total – Director of Revenue Office 632,972
9-26	Office of Revenue Analysis
9-27	General Revenue Total 719,927
9-28	Total – Office of Revenue Analysis 719,927
9-29	Lottery Division
9-30	Other Funds Total 207,489,225
9-31	Total – Lottery Division 207,489,225
9-32	Property Valuation
9-33	General Revenue Total 852,759
9-34	Total – Property Valuation 852,759
10-1	Taxation
10-2	General Revenue Total 17,347,998
10-3	Federal Funds Total 1,439,789
10-4	Restricted Receipts Total 910,563
10-5	Other Funds
10-6	Motor Fuel Tax Evasion 130,877
10-7	Temporary Disability Insurance 849,899
10-8	Other Funds Total 980,776
10-9	Total - Taxation 20,679,126
10-10	Registry of Motor Vehicles
10-11	General Revenue Total 17,820,376
10-12	Federal Funds Total 454,306
10-13	Restricted Receipts Total 15,100
10-14	Total – Registry of Motor Vehicles 18,289,782
10-15	Grand Total - General Revenue 37,374,032
10-16	Grand Total – Revenue 248,663,791
10-17	Legislature
10-18	General Revenue Total 34,099,202
10-19	Restricted Receipts Total 1,516,351
10-20	Grand Total - Legislature 35,615,553
10-21	Lieutenant Governor
10-22	General Revenue Total 884,920
10-23	Grand Total - Lieutenant Governor 884,920
10-24	Secretary of State
10-25	Administration
10-26	General Revenue Total 1,719,430
10-27	Total - Administration 1,719,430
10-28	Corporations
10-29	General Revenue Total 1,840,798
10-30	Total - Corporations 1,840,798
10-31	State Archives
10-32	Restricted Receipts Total 555,581
10-33	Total - State Archives 555,581
10-34	Elections
11-1	General Revenue Total 1,446,069
11-2	Federal Funds Total 541,139
11-3	Total - Elections 1,987,208
11-4	State Library
11-5	General Revenue Total 552,708
11-6	Total - State Library 552,708
11-7	Office of Civics and Public Information
11-8	General Revenue Total 219,139
11-9	Total - Office of Civics and Public Information 219,139
11-10	Grand Total - General Revenue 5,778,144
11-11	Grand Total - State 6,874,864
11-12	General Treasurer
11-13	Treasury
11-14	General Revenue Total 2,477,685
11-15	Federal Funds Total 295,276
11-16	Other Funds
11-17	Temporary Disability Insurance Fund 253,375
11-18	Other Funds Total 253,375
11-19	Total – Treasury 3,026,336
11-20	State Retirement System
11-21	Restricted Receipts
11-22	Administrative Expenses - State Retirement System 6,666,780
11-23	Retirement - Treasury Investment Operations 954,281
11-24	Restricted Receipts Total 7,621,061
11-25	Total - State Retirement System 7,621,061
11-26	Unclaimed Property
11-27	Restricted Receipts Total 18,294,560
11-28	Total - Unclaimed Property 18,294,560
11-29	RI Refunding Bond Authority
11-30	General Revenue Total 38,075
11-31	Total - RI Refunding Bond Authority 38,075
11-32	Crime Victim Compensation Program
11-33	General Revenue Total 48,007
11-34	Federal Funds Total 874,805
12-1	Restricted Receipts Total 1,545,224
12-2	Total - Crime Victim Compensation Program 2,468,036
12-3	Grand Total - General Revenue 2,563,767
12-4	Grand Total - General Treasurer 31,448,068
12-5	Board of Elections
12-6	General Revenue Total 1,512,874
12-7	Federal Funds Total 662,344
12-8	Grand Total - Board of Elections 2,175,218
12-9	Rhode Island Ethics Commission
12-10	General Revenue Total 1,405,309
12-11	Grand Total - Rhode Island Ethics Commission 1,405,309
12-12	Office of Governor
12-13	General Revenue Total 4,658,611
12-14	Grand Total - Office of Governor 4,658,611
12-15	Commission for Human Rights
12-16	General Revenue Total 991,659
12-17	Federal Funds Total 391,309
12-18	Grand Total – Commission for Human Rights 1,382,968
12-19	Public Utilities Commission
12-20	Federal Funds Total 100,547
12-21	Restricted Receipts Total 6,768,667
12-22	Grand Total - Public Utilities Commission 6,869,214
12-23	Rhode Island Commission on Women
12-24	General Revenue Total 107,208
12-25	Grand Total - Rhode Island Commission on Women 107,208
12-26	Office of Health and Human Services
12-27	General Revenue Total 5,754,966
12-28	Federal Funds Total 7,891,563
12-29	Restricted Receipts Total 2,097,648
12-30	Total – Health and Human Services 15,744,177
12-31	Children, Youth, and Families
12-32	Central Management
12-33	General Revenue Total 5,033,344
12-34	Federal Funds Total 1,757,779
13-1	Total - Central Management 6,791,123
13-2	Children's Behavioral Health Services
13-3	General Revenue Total 16,067,176
13-4	Federal Funds Total 12,287,901
13-5	Other Funds
13-6	RICAP – Spurwink/RI – Pine Swamp Road 95,000
13-7	RICAP – NAFI Center 550,000
13-8	Other Funds Total 645,000
13-9	Total - Children's Behavioral Health Services 29,000,077
13-10	Juvenile Correctional Services
13-11	General Revenue Total 31,406,268
13-12	Federal Funds Total 522,437
13-13	Restricted Receipts Total 10,000
13-14	Total - Juvenile Correctional Services 31,938,705
13-15	Child Welfare
13-16	General Revenues
13-17	General Revenue 78,277,434
13-18	18 to 21 Year Olds 6,000,000
13-19	General Revenue Total 84,277,434
13-20	Federal Funds
13-21	Federal Funds 50,174,339
13-22	18 to 21 Year Olds 4,890,545
13-23	Federal Funds Total 55,064,884
13-24	Restricted Receipts Total 1,747,941
13-25	Other Funds
13-26	RICAP – Camp E-Hun-Tee 65,000
13-27	RICAP - Fire Code Upgrades 500,000
13-28	Other Funds Total 565,000
13-29	Total - Child Welfare 141,655,259
13-30	Higher Education Incentive Grants
13-31	General Revenue Total 200,000
13-32	Total - Higher Education Incentive Grants 200,000
13-33	Grand Total - General Revenue 136,984,222
13-34	Grand Total - Children, Youth, and Families 209,585,164
14-1	Elderly Affairs and Advocacy
14-2	Elderly Affairs
14-3	General Revenues
14-4	General Revenue 14,574,532
14-5	RIPAE 1,431,654
14-6	Safety and Care of the Elderly 600
14-7	General Revenue Total 16,006,786
14-8	Federal Funds Total 12,257,937
14-9	Restricted Receipts 620,000
14-10	Other Funds
14-11	Intermodal Surface Transportation Fund 4,685,000
14-12	Other Funds Total 4,685,000
14-13	Total - Elderly Affairs 33,569,723
14-14	Commission on the Deaf and Hard of Hearing
14-15	General Revenue Total 368,807
14-16	Total - Commission on the Deaf and Hard of Hearing 368,807
14-17	RI Developmental Disabilities Council
14-18	Federal Funds Total 450,543
14-19	Total - RI Developmental Disabilities Council 450,543
14-20	Governor's Commission on Disabilities
14-21	General Revenue Total 413,651
14-22	Federal Funds Total 189,769
14-23	Restricted Receipts Total 8,565
14-24	Other Funds
14-25	RICAP – Facility Renovation – Handicapped Accessibility 300,000
14-26	Other Funds Total 300,000
14-27	Total - Governor's Commission on Disabilities 911,985
14-28	Grand Total - General Revenue 16,789,244
14-29	Grand Total – Elderly Affairs and Advocacy 35,301,058
14-30	Health
14-31	Central Management
14-32	General Revenue Total 1,082,917
14-33	Federal Funds Total 8,296,936
14-34	Restricted Receipts Total 3,732,220
15-1	Total - Central Management 13,112,073
15-2	State Medical Examiner
15-3	General Revenue Total 2,360,089
15-4	Federal Funds Total 23,983
15-5	Total - State Medical Examiner 2,384,072
15-6	Environmental and Health Services Regulation
15-7	General Revenue Total 9,509,529
15-8	Federal Funds Total 3,836,460
15-9	Restricted Receipts Total 3,301,038
15-10	Total - Environmental and Health Services Regulation 16,647,027
15-11	Health Laboratories
15-12	General Revenue Total 7,212,233
15-13	Federal Funds Total 1,015,438
15-14	Total - Health Laboratories 8,227,671
15-15	Public Health Information
15-16	General Revenue Total 1,882,500
15-17	Federal Funds Total 2,110,972
15-18	Total - Health Services Regulation 3,993,472
15-19	Community and Family Health & Equity
15-20	General Revenue Total 6,426,991
15-21	Federal Funds Total 50,446,024
15-22	Restricted Receipts Total 18,325,894
15-23	Other Funds
15-24	Walkable Communities Initiative 29,410
15-25	Other Funds Total 29,410
15-26	Total – Community and Family Health & Equity 75,228,319
15-27	Infectious Disease and Epidemiology
15-28	General Revenue Total 2,283,649
15-29	Federal Funds Total 2,358,890
15-30	Total – Infectious Disease and Epidemiology 4,642,539
15-31	Grand Total - General Revenue 30,757,908
15-32	Grand Total - Health 124,235,173
15-33	Human Services
15-34	Central Management
16-1	General Revenue Total 4,166,859
16-2	Federal Funds Total 4,540,655
16-3	Restricted Receipts Total 820,609
16-4	Total - Central Management 9,528,123
16-5	Child Support Enforcement
16-6	General Revenue Total 2,741,244
16-7	Federal Funds Total 6,834,361
16-8	Total – Child Support Enforcement 9,575,605
16-9	Individual and Family Support
16-10	General Revenue Total 23,024,743
16-11	Federal Funds Total 55,350,650
16-12	Restricted Receipts Total 134,150
16-13	Other Funds
16-14	RICAP – Blind Vending Facilities 125,000
16-15	Other Funds Total 125,000
16-16	Total - Individual and Family Support 78,634,543
16-17	Veterans' Affairs
16-18	General Revenue Total 17,692,025
16-19	Federal Funds Total 7,737,090
16-20	Restricted Receipts Total 1,763,038
16-21	Total - Veterans' Affairs 27,192,153
16-22	Health Care Quality, Financing and Purchasing
16-23	General Revenue Total 20,993,847
16-24	Federal Funds Total 41,241,728
16-25	Restricted Receipts Total 60,000
16-26	Total - Health Care Quality, Financing & Purchasing 62,295,575
16-27	Medical Benefits
16-28	General Revenue
16-29	Managed Care 238,366,076
16-30	Hospitals 132,093,719
16-31	Other 60,613,163
16-32	Long Term Care
16-33	Nursing Facilities 131,782,728
16-34	Home and Community Based Services 24,088,135
17-1	Pharmacy 63,038,130
17-2	General Revenue Total 649,981,951
17-3	Federal Funds
17-4	Managed Care 265,333,331
17-5	Hospitals 140,273,032
17-6	Long Term Care
17-7	Nursing Facilities 146,064,436
17-8	Home and Community Based Services 26,698,574
17-9	Other 68,290,351
17-10	Pharmacy 24,537,244
17-11	Special Education 20,733,240
17-12	Federal Funds Total 691,930,208
17-13	Restricted Receipts Total 6,590,042
17-14	Total - Medical Benefits 1,348,502,201
17-15	Supplemental Security Income Program
17-16	General Revenue Total 26,312,233
17-17	Total - Supplemental Security Income Program 26,312,233
17-18	Family Independence Program
17-19	General Revenues
17-20	Child Care 6,689,399
17-21	TANF/Family Independence Program 12,477,690
17-22	General Revenue Total 19,167,089
17-23	Federal Funds Total 81,560,911
17-24	Total - Family Independence Program 100,728,000
17-25	State Funded Programs
17-26	General Revenues
17-27	General Public Assistance 3,864,850
17-28	General Revenue Total 3,864,850
17-29	Federal Funds Total 98,083,948
17-30	Total - State Funded Programs 101,948,798
17-31	Grand Total - General Revenue 767,944,841
17-32	Grand Total - Human Services 1,764,717,231
17-33	Mental Health, Retardation, and Hospitals
17-34	Central Management
18-1	General Revenue Total 2,048,521
18-2	Federal Funds Total 67,081
18-3	Total - Central Management 2,115,602
18-4	Hospital and Community System Support
18-5	General Revenue Total 3,088,403
18-6	Federal Funds Total 849,939
18-7	Other Funds
18-8	RICAP - Medical Center Rehabilitation 1,000,000
18-9	RICAP – Community Facilities Fire Code 1,250,000
18-10	RICAP – DD Private Waiver Community Facility/Fire Code 767,201
18-11	Other Funds Total 3,017,201
18-12	Total - Hospital and Community System Support 6,955,543
18-13	Services for the Developmentally Disabled
18-14	General Revenue Total 106,826,111
18-15	Federal Funds Total 123,298,038
18-16	Other Funds
18-17	RICAP - Regional Center Repair/Rehabilitation 500,000
18-18	RICAP – MR Community Facilities/Access to Independence 1,199,430
18-19	RICAP - Developmental Disability Group Homes 2,000,000
18-20	Other Funds Total 3,699,430
18-21	Total - Services for the Developmentally Disabled 233,823,579
18-22	Integrated Mental Health Services
18-23	General Revenue Total 41,173,205
18-24	Federal Funds Total 37,852,642
18-25	Other Fund
18-26	RICAP – MH Community Facilities Repairs 250,000
18-27	RICAP – MH Housing Development-Thresholds 1,100,000
18-28	Other Funds Total 1,350,000
18-29	Total - Integrated Mental Health Services 80,375,847
18-30	Hospital and Community Rehabilitation Services
18-31	General Revenue Total 52,115,911
18-32	Federal Funds Total 50,160,622
18-33	Restricted Receipts 2,300,000
18-34	Other Funds
19-1	RICAP - Zambarano Buildings and Utilities 760,000
19-2	RICAP – Hospital Consolidation 4,470,000
19-3	RICAP – Eleanor Slater HVAC/Elevators 555,000
19-4	Other Funds Total 5,785,000
19-5	Total - Hospital and Community Rehabilitation Services 110,361,533
19-6	Substance Abuse
19-7	General Revenue Funds 14,357,287
19-8	Federal Funds Total 14,485,237
19-9	Restricted Receipts Total 90,000
19-10	Other Funds
19-11	RICAP - Asset Protection 200,000
19-12	Other Funds Total 200,000
19-13	Total - Substance Abuse 29,132,524
19-14	Grand Total - General Revenue 219,609,438
19-15	Grand Total - Mental Health, Retardation, and Hospitals 462,764,628
19-16	Office of the Child Advocate
19-17	General Revenue Total 519,657
19-18	Federal Funds 39,143
19-19	Grand Total – Office of the Child Advocate 558,800
19-20	Mental Health Advocate
19-21	General Revenue Total 431,171
19-22	Grand Total - Mental Health Advocate 431,171
19-23	Elementary and Secondary Education
19-24	Administration of the Comprehensive Education Strategy
19-25	General Revenue Total 20,074,751
19-26	Federal Funds total 189,382,311
19-27	Restricted Receipts
19-28	Restricted Receipts 1,492,162
19-29	HRIC Adult Education Grants 4,500,000
19-30	Restricted Receipts Total 5,992,162
19-31	Total – Administration of the Comprehensive
19-32	Education Strategy 215,449,224
19-33	Davies Career and Technical School
19-34	General Revenue Total 14,537,841
20-1	Federal Funds Total 1,356,073
20-2	Other Funds
20-3	RICAP – Davies HVAC 400,000
20-4	RICAP - Davies Asset Protection 100,000
20-5	RICAP - Davies Roof Repair 740,000
20-6	Other Funds Total 1,240,000
20-7	Total - Davies Career and Technical School 17,133,914
20-8	RI School for the Deaf
20-9	General Revenue Total 6,624,798
20-10	Federal Funds Total 270,027
20-11	Total - RI School for the Deaf 6,894,825
20-12	Metropolitan Career and Technical School
20-13	General Revenue Total 12,302,546
20-14	Total - Metropolitan Career and Technical School 12,302,546
20-15	Education Aid
20-16	General Revenue Total 680,033,012
20-17	Restricted Receipt Total 1,722,210
20-18	Total – Education Aid 681,755,222
20-19	Central Falls School District
20-20	General Revenue Total 45,109,273
20-21	Total - Central Falls School District 45,109,273
20-22	Housing Aid
20-23	General Revenue Total 56,996,248
20-24	Total – Housing Aid 56,996,248
20-25	Teachers’ Retirement
20-26	General Revenue Total 94,785,822
20-27	Total – Teachers’ Retirement 94,785,822
20-28	Grand Total - General Revenue 930,464,291
20-29	Grand Total - Elementary and Secondary Education 1,130,427,074
20-30	Public Higher Education
20-31	Board of Governors/Office of Higher Education
20-32	General Revenue Total 6,865,787
20-33	Federal Fund Total 3,646,277
20-34	Total – Board of Governors/Office of Higher Education 10,512,064
21-1	University of Rhode Island
21-2	General Revenues
21-3	General Revenue 65,370,365
21-4	Debt Service 12,740,210
21-5	General Revenue Total 78,110,575
21-6	Other Funds
21-7	University and College Funds 447,650,315
21-8	Debt - Dining Services 1,146,768
21-9	Debt - Educational and General 5,346,026
21-10	Debt - Health Services 130,074
21-11	Debt - Housing Loan Funds 7,582,070
21-12	Debt - Memorial Union 148,051
21-13	Debt - Ryan Center 2,799,947
21-14	Debt - Alton Jones Services 149,203
21-15	Debt - Parking Authority 881,295
21-16	Debt – Sponsored Research 99,370
21-17	RICAP - Asset Protection 4,315,185
21-18	RICAP – Lippitt Hall 1,600,000
21-19	RICAP – New Chemistry Building 300,000
21-20	RICAP – Nursing & Assoc. Health Building 300,000
21-21	Other Funds Total 472,448,304
21-22	Total – University of Rhode Island 550,558,879
21-23	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpected or
21-24	unencumbered balances as of June 30, 2008 relating to the University of Rhode Island are hereby
21-25	reappropriated to fiscal year 2009.
21-26	Rhode Island College
21-27	General Revenues
21-28	General Revenue 42,416,817
21-29	Debt Service 2,985,082
21-30	RIRBA – Rhode Island College 293,886
21-31	General Revenues Total 45,695,785
21-32	Other Funds
21-33	University and College Funds 89,146,859
21-34	Debt - Education and General 295,196
22-1	Debt - Housing 2,025,570
22-2	Debt - Student Center and Dining 172,639
22-3	Debt - Student Union 231,856
22-4	RICAP - Asset Protection 1,873,700
22-5	Other Funds Total 93,745,820
22-6	Total – Rhode Island College 139,441,605
22-7	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpected or
22-8	unencumbered balances as of June 30, 2008 relating to the Rhode Island College are hereby
22-9	reappropriated to fiscal year 2009.
22-10	Community College of Rhode Island
22-11	General Revenues
22-12	General Revenue 47,679,712
22-13	Debt Service 1,504,159
22-14	General Revenue Total 49,183,871
22-15	Restricted Receipts 641,526
22-16	Other Funds
22-17	University and College Funds 62,924,141
22-18	Debt – Bookstore 105,568
22-19	RICAP - Knight Campus Nursing Program 65,000
22-20	RICAP - Asset Protection 1,192,355
22-21	Fire Code and HVAC 1,700,000
22-22	Other Funds Total 65,987,064
22-23	Total – Community College of Rhode Island 115,812,461
22-24	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpected or
22-25	unencumbered balances as of June 30, 2008 relating to the Community College of Rhode Island
22-26	are hereby reappropriated to fiscal year 2009.
22-27	Grand Total – General Revenue 179,856,018
22-28	Grand Total – Public Higher Education 816,325,009
22-29	RI State Council on the Arts
22-30	General Revenues
22-31	Operating Support 753,552
22-32	Grants 1,341,295
22-33	General Revenue Total 2,094,847
22-34	Federal Funds Total 741,355
23-1	Other Funds
23-2	Arts for Public Facilities 439,453
23-3	Other Funds Total 439,453
23-4	Grand Total - RI State Council on the Arts 3,275,655
23-5	RI Atomic Energy Commission
23-6	General Revenue Total 824,470
23-7	Federal Funds Total 407,277
23-8	Other Funds
23-9	URI Sponsored Research 251,153
23-10	RICAP – RINSC Asset Protection 50,000
23-11	Other Funds Total 301,153
23-12	Grand Total - RI Atomic Energy Commission 1,532,900
23-13	RI Higher Education Assistance Authority
23-14	General Revenues
23-15	Needs Based Grants and Work Opportunities 8,973,558
23-16	Authority Operations and Other Grants 940,351
23-17	General Revenue Total 9,913,909
23-18	Federal Fund Total 12,550,536
23-19	Other Funds
23-20	Tuition Savings Program - Administration 6,776,220
23-21	Other Funds Total 6,776,220
23-22	Grand Total – RI Higher Education Assistance Authority 29,240,665
23-23	RI Historical Preservation and Heritage Commission
23-24	General Revenue Total 1,348,825
23-25	Federal Funds Total 479,640
23-26	Restricted Receipts Total 494,649
23-27	Grand Total - RI Historical Pres. and Heritage Comm. 2,323,114
23-28	RI Public Telecommunications Authority
23-29	General Revenue Total 1,365,306
23-30	Other Funds
23-31	Corporation for Public Broadcasting 767,060
23-32	Other Funds Total 767,060
23-33	Grand Total – RI Public Telecommunications Authority 2,132,366
23-34	Attorney General
24-1	Criminal
24-2	General Revenue Total 13,441,955
24-3	Federal Funds Total 1,207,109
24-4	Restricted Receipts Total 343,296
24-5	Total - Criminal 14,992,360
24-6	Civil
24-7	General Revenue Total 4,159,643
24-8	Restricted Receipts Total 637,570
24-9	Total - Civil 4,797,213
24-10	Bureau of Criminal Identification
24-11	General Revenue Total 1,009,599
24-12	Federal Funds Total 56,500
24-13	Total – Bureau of Criminal Identification 1,066,099
24-14	General
24-15	General Revenue Total 2,600,842
24-16	Other Funds
24-17	RICAP – Building Renovations and Repairs 275,000
24-18	Other Funds Total 275,000
24-19	Total - General 2,875,842
24-20	Grand Total - General Revenue 21,212,039
24-21	Grand Total - Attorney General 23,731,514
24-22	Corrections
24-23	Central Management
24-24	General Revenue Total 9,307,572
24-25	Total - Central Management 9,307,572
24-26	Parole Board
24-27	General Revenue Total 1,272,304
24-28	Federal Funds Total 43,000
24-29	Total - Parole Board 1,315,304
24-30	Institutional Corrections
24-31	General Revenue Total 151,309,377
24-32	Federal Funds Total 2,068,317
24-33	Other Funds
24-34	RICAP - General Renovations – Maximum 450,000
25-1	RICAP - New Women’s Facility Study 100,000
25-2	RICAP - Work Release Roof (Bernadette Guay) 230,000
25-3	RICAP - Asset Protection 2,500,000
25-4	Other Funds Total 3,280,000
25-5	Total - Institutional Corrections 156,657,694
25-6	Community Corrections
25-7	General Revenue Total 16,284,241
25-8	Federal Funds Total 529,418
25-9	Total – Community Corrections 16,813,669
25-10	Grand Total - General Revenue 178,173,504
25-11	Grand Total - Corrections 184,094,239
25-12	Judiciary
25-13	Supreme Court
25-14	General Revenues
25-15	General Revenue 20,051,856
25-16	Defense of Indigents 3,065,689
25-17	Judicial Tenure and Discipline 115,432
25-18	General Revenue Total 28,232,977
25-19	Federal Funds Total 145,000
25-20	Restricted Receipts Total 1,184,111
25-21	Other Funds
25-22	RICAP - Judicial HVAC 300,000
25-23	RICAP - Garrahy Lighting and Ceiling 900,000
25-24	RICAP - Judicial Complexes Asset Protection 500,000
25-25	Other Funds Total 1,700,000
25-26	Total - Supreme Court 31,262,088
25-27	Superior Court
25-28	General Revenue Total 19,539,273
25-29	Federal Funds Total 100,000
25-30	Total - Superior Court 19,639,273
25-31	Family Court
25-32	General Revenue Total 17,917,907
25-33	Federal Funds Total 1,694,312
25-34	Total - Family Court 19,612,219
26-1	District Court
26-2	General Revenue Total 10,047,490
26-3	Total - District Court 10,047,490
26-4	Traffic Tribunal
26-5	General Revenue Total 6,885,279
26-6	Total - Traffic Tribunal 6,885,279
26-7	Workers' Compensation Court
26-8	Restricted Receipts Total 7,526,297
26-9	Total - Workers' Compensation Court 7,526,297
26-10	Grand Total - General Revenue 82,622,926
26-11	Grand Total - Judiciary 94,972,646
26-12	Military Staff
26-13	National Guard
26-14	General Revenue Total 1,681,849
26-15	Federal Funds Total 9,399,739
26-16	Restricted Funds Total 160,000
26-17	Other Funds
26-18	RICAP – AMC Roof Replacement 1,100,000
26-19	RICAP – State Armories Fire Code Comp. 75,000
26-20	RICAP – Federal Armories Fire Code 12,500
26-21	RICAP – Asset Protection 220,500
26-22	RICAP – Logistics/Maintenance Fac. Fire Code 7,500
26-23	Other Funds Total 1,415,500
26-24	Total - National Guard 12,657,088
26-25	Emergency Management
26-26	General Revenue Total 2,058,099
26-27	Federal Funds Total 14,599,335
26-28	Restricted Receipts Total 155,321
26-29	Total - Emergency Management 16,812,755
26-30	Grand Total - General Revenue 3,739,948
26-31	Grand Total - Military Staff 29,469,843
26-32	Public Safety
26-33	Central Management
26-34	General Revenue Total 514,329
27-1	Federal Funds Total 4,340,421
27-2	Restricted Receipts Total 133,000
27-3	Total – Central Management 4,987,750
27-4	E-911 Emergency Telephone System
27-5	General Revenue Total 4,994,940
27-6	Other Funds
27-7	RICAP – E-911 PSAP Building Renovations 55,000
27-8	Other Funds Total 55,000
27-9	Grand Total - E-911 Emergency Telephone System 5,049,940
27-10	State Fire Marshal
27-11	General Revenue Total 2,614,889
27-12	Federal Funds Total 24,000
27-13	Grand Total - State Fire Marshal 2,638,889
27-14	Security Services
27-15	General Revenue Total 19,232,382
27-16	Grand Total - Rhode Island Justice Commission 19,232,382
27-17	Municipal Police Training Academy
27-18	General Revenue Total 431,195
27-19	Federal Funds Total 66,000
27-20	Grand Total - Municipal Police Training Academy 497,195
27-21	State Police
27-22	General Revenue Total 54,168,302
27-23	Federal Funds Total 1,401,699
27-24	Restricted Receipts Total 301,000
27-25	Other Funds
27-26	RICAP – Barracks and Training 750,000
27-27	RICAP – State Police New Headquarters 10,000,000
27-28	RICAP – Parking Area Improvements 50,000
27-29	RICAP – State Microwave Upgrade 7,070,000
27-30	Traffic Enforcement - Municipal Training 152,157
27-31	Lottery Commission Assistance 142,844
27-32	Airport Corporation 144,700
27-33	Road Construction Reimbursement 2,391,544
27-34	Other Funds Total 20,701,245
28-1	Grand Total - State Police 76,572,246
28-2	Grand Total – General Revenue 81,956,037
28-3	Grand Total – Public Safety 108,978,402
28-4	Fire Safety Code Board of Appeal and Review
28-5	General Revenue Total 306,552
28-6	Grand Total - Fire Safety Code Board of Appeal and Review 306,552
28-7	Office of Public Defender
28-8	General Revenue Total 9,468,259
28-9	Federal Funds Total 248,470
28-10	Grand Total - Office of Public Defender 9,716,729
28-11	Environmental Management
28-12	Office of the Director
28-13	General Revenue Total 5,539,371
28-14	Federal Funds Total 536,513
28-15	Restricted Receipts Total 2,681,835
28-16	Total – Office of the Director 8,757,719
28-17	Natural Resources
28-18	General Revenue Total 18,853,058
28-19	Federal Funds Total 21,581,338
28-20	Restricted Receipts Total 3,542,167
28-21	Other Funds
28-22	DOT Recreational Projects 71,126
28-23	Blackstone Bikepath Design 980,329
28-24	RICAP – Recreational Facilities Improvements 1,030,000
28-25	RICAP – Fort Adams Rehabilitation 250,000
28-26	RICAP - Galilee Piers Upgrade 1,000,000
28-27	RICAP - Newport Piers 250,000
28-28	Other Funds Total 3,581,455
28-29	Total - Natural Resources 47,558,018
28-30	Environmental Protection
28-31	General Revenue Total 12,764,957
28-32	Federal Funds Total 11,317,587
28-33	Restricted Receipts Total 10,187,873
28-34	Other Funds
29-1	RICAP – Big River Management Area 100,000
29-2	Other Funds Total 100,000
29-3	Total - Environmental Protection 34,370,417
29-4	Coastal Resources Management Council
29-5	General Revenue Total 1,177,703
29-6	Federal Funds Total 1,410,316
29-7	Restricted Receipts Total 250,000
29-8	Other Funds
29-9	RICAP – Providence River Dredging 1,655,509
29-10	Other Funds Total 1,655,509
29-11	Total – Coastal Resources Management Council 4,493,528
29-12	Grand Total - General Revenue 38,335,089
29-13	Grand Total - Environmental Management 95,179,682
29-14	Transportation
29-15	Central Management
29-16	Federal Funds Total 17,371,666
29-17	Other Funds
29-18	Gasoline Tax 1,916,115
29-19	Other Funds Total 1,916,115
29-20	Total - Central Management 19,287,781
29-21	Management and Budget
29-22	Other Funds
29-23	Gasoline Tax 2,162,403
29-24	Other Funds Total 2,162,403
29-25	Total - Management and Budget 2,162,403
29-26	Infrastructure – Engineering – Garvee/Motor Fuel Tax Bonds
29-27	Federal Funds Total 246,065,687
29-28	Restricted Receipts Total 1,447,246
29-29	Other Funds
29-30	Gasoline Tax 47,964,931
29-31	State Infrastructure Bank 1,343,714
29-32	Land Sale Revenue 5,698,459
29-33	RICAP - RIPTA Land and Buildings 2,826,733
29-34	RICAP - RIPTA Paratransit Vehicles 190,400
30-1	RICAP - Pawtucket/Central Falls Train Station 20,000
30-2	Other Funds Total 58,044,237
30-3	Total - Infrastructure – Engineering – Garvee/Motor
30-4	Fuel Tax Bonds 305,557,170
30-5	Infrastructure Maintenance
30-6	Other Funds
30-7	Gasoline Tax 39,335,813
30-8	Non-land Surplus Property 15,000
30-9	Outdoor Advertising 264,323
30-10	Utility Permit Applications 1,000,000
30-11	RICAP – Cherry Hill/Lincoln Facility 750,000
30-12	RICAP – East Providence Facility 862,000
30-13	RICAP – Salt Storage Facilities 1,400,000
30-14	RICAP – Maintenance Facilities Fire Alarms 150,000
30-15	Other Funds Total 43,777,136
30-16	Total - Infrastructure Maintenance 43,777,136
30-17	Grand Total - Transportation 370,784,490
30-18	Statewide Totals
30-19	General Revenue Total 3,272,710,433
30-20	Federal Funds Total 1,989,690,442
30-21	Restricted Receipts Total 158,249,316
30-22	Other Funds Total 1,468,137,699
30-23	Statewide Grand Total 6,888,787,890
30-24	SECTION 2. Each line appearing in Section 1 of this Article shall constitute an
30-25	appropriation.
30-26	SECTION 3. Upon the transfer of any function of a department or agency to another
30-27	department or agency, the Governor is hereby authorized by means of executive order to transfer
30-28	or reallocate, in whole or in part, the appropriations and the full-time equivalent limits affected
30-29	thereby.
30-30	SECTION 4. Notwithstanding any provisions of Chapter 19 in Title 23 of the Rhode
30-31	Island General Laws, the Rhode Island Resource Recovery Corporation shall transfer to the State
30-32	Controller the sum of four million dollars ($4,000,000) on June 30, 2008.
30-33	SECTION 5. From the appropriation for contingency shall be paid such sums as may be
30-34	required at the discretion of the Governor and the Director of Administration to fund expenditures
31-1	for which appropriations may not exist. Such contingency funds may also be used for
31-2	expenditures in the several departments and agencies where appropriations are insufficient, or
31-3	where such requirements are due to unforeseen conditions or are non-recurring items of an
31-4	unusual nature. Said appropriations may also be used for the payment of bills incurred due to
31-5	emergencies or to any offense against public peace and property, in accordance with the
31-6	provisions of Titles 11 and 45 of the General Laws of 1956, as amended. All expenditures and
31-7	transfers from this account shall be approved by the Director of Administration and the Governor.
31-8	SECTION 6. The general assembly authorizes the state controller to establish the
31-9	internal service accounts shown below, and no other, to finance and account for the operations of
31-10	state agencies that provide services to other agencies, institutions and other governmental units on
31-11	a cost reimbursed basis. The purpose of these accounts is to ensure that certain activities are
31-12	managed in a businesslike manner, promote efficient use of services by making agencies pay the
31-13	full costs associated with providing the services, and allocate the costs of central administrative
31-14	services across all fund types, so that federal and other non-general fund programs share in the
31-15	costs of general government support. The controller is authorized to reimburse these accounts
31-16	for the cost of work or services performed for any other department or agency subject to the
31-17	following expenditure limitations:
31-18	Account Expenditure Limit
31-19	State Assessed Fringe Benefit Internal Service Fund 28,747,957
31-20	Administration Central Utilities Internal Service Fund 24,635,247
31-21	State Central Mail Internal Service Fund 5,605,880
31-22	State Telecommunications Internal Service Fund 2,847,323
31-23	State Automotive Fleet Internal Service Fund 14,610,172
31-24	State Fleet Replacement Revolving Loan Fund 2,500,000
31-25	Capital Police Internal Service Fund 586,142
31-26	Health Insurance Internal Service Fund 257,686,908
31-27	MHRH Central Pharmacy Internal Service Fund 9,241,973
31-28	MHRH Laundry Services Internal Service Fund 1,125,579
31-29	Corrections General Services & Warehouse Internal Service Fund 262,296
31-30	Correctional Industries Internal Service Fund 7,489,514
31-31	Secretary of State Record Center Internal Service Fund 802,825
31-32	SECTION 7. The General Assembly may provide a written "statement of legislative
31-33	intent" signed by the chairperson of the House Finance Committee and by the chairperson of the
31-34	Senate Finance Committee to show the intended purpose of the appropriations contained in
32-1	Section 1 of this Article. The statement of legislative intent shall be kept on file in the House
32-2	Finance Committee and in the Senate Finance Committee.
32-3	At least twenty (20) days prior to the issuance of a grant or the release of funds, which
32-4	grant or funds are listed on the legislative letter of intent, all department, agency and corporation
32-5	directors, shall notify in writing the chairperson of the House Finance Committee and the
32-6	chairperson of the Senate Finance Committee of the approximate date when the funds are to be
32-7	released or granted.
32-8	SECTION 8. Appropriation of Temporary Disability Insurance Funds -- There is hereby
32-9	appropriated pursuant to sections 28-39-5 and 28-39-8 of the Rhode Island General Laws all
32-10	funds required to be disbursed for the benefit payments from the Temporary Disability Insurance
32-11	Fund and Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 2009.
32-12	SECTION 9. Appropriation of Employment Security Funds -- There is hereby
32-13	appropriated pursuant to section 28-42-19 of the Rhode Island General Laws all funds required to
32-14	be disbursed for benefit payments from the Employment Security Fund for the fiscal year ending
32-15	June 30, 2009.
32-16	SECTION 10. Appropriation of University and College Funds -- There is hereby
32-17	appropriated pursuant to section 16-59-9 of the Rhode Island General Laws relating to the
32-18	appropriation of funds by the General Assembly for Higher Education, and section 16-59-18 of
32-19	the General Laws relating to receipts from sources other than appropriations, any funds received
32-20	by the Board of Governors for Higher Education for the fiscal year ending June 30, 2009 payable
32-21	out of the University and College Funds.
32-22	SECTION 11. Appropriation of Lottery Division Funds – There is hereby appropriated
32-23	to the Lottery Division any funds required to be disbursed by the Lottery Division for the
32-24	purposes of paying commissions or transfers to the prize fund for the fiscal year ending June 30,
32-25	2009.
32-26	SECTION 12. Departments and agencies listed below may not exceed the number of full-
32-27	time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions
32-28	do not include seasonal or intermittent positions whose scheduled period of employment does not
32-29	exceed twenty-six consecutive weeks or whose scheduled hours do not exceed nine hundred and
32-30	twenty-five (925) hours, excluding overtime, in a one-year period. Nor do they include
32-31	individuals engaged in training, the completion of which is a prerequisite of employment.
32-32	Provided, however, that the Governor or designee, Speaker of the House of Representatives or
32-33	designee, and the President of the Senate or designee may authorize an adjustment to any
32-34	limitation. Prior to the authorization, the State Budget Officer shall make a detailed written
33-1	recommendation to the Governor, the Speaker of the House, and the President of the Senate. A
33-2	copy of the recommendation and authorization to adjust shall be transmitted to the chairman of
33-3	the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor and the
33-4	Senate Fiscal Advisor.
33-5	FTE POSITION AUTHORIZATION
33-6	Departments and Agencies Full-Time Equivalent
33-7	Administration 775.8
33-8	Statewide Retirement Vacancies (300.0)
33-9	Business Regulation 98.0
33-10	Labor and Training 407.2
33-11	Revenue 460.0
33-12	Legislature 297.9
33-13	Office of the Lieutenant Governor 8.0
33-14	Office of the Secretary of State 55.0
33-15	Office of the General Treasurer 86.0
33-16	Board of Elections 14.0
33-17	Rhode Island Ethics Commission 12.0
33-18	Office of the Governor 39.0
33-19	Commission for Human Rights 14.5
33-20	Public Utilities Commission 44.0
33-21	Rhode Island Commission on Women 1.0
33-22	Health and Human Services 102.2
33-23	Children, Youth, and Families 733.5
33-24	Elderly Affairs and Advocacy 44.6
33-25	Health 409.5
33-26	Human Services 966.4
33-27	Mental Health, Retardation, and Hospitals 1,372.6
33-28	Office of the Child Advocate 5.8
33-29	Office of the Mental Health Advocate 3.7
33-30	Elementary and Secondary Education 140.2
33-31	School for the Deaf 62.8
33-32	Davies Career and Technical School 127.0
33-33	Office of Higher Education 21.1
33-34	Provided that 1.0 of the total authorization would be available only for a position that is
34-1	supported by third- party funds.
34-2	University of Rhode Island 2,502.1
34-3	Provided that 602.0 of the total authorization would be available only for positions that
34-4	are supported by third-party funds.
34-5	Rhode Island College 917.5
34-6	Provided that 82.0 of the total authorization would be available only for positions that are
34-7	supported by third-party funds.
34-8	Community College of Rhode Island 833.2
34-9	Provided that 100.0 of the total authorization would be available only for positions that
34-10	are supported by third-party funds.
34-11	Rhode Island State Council on the Arts 8.6
34-12	RI Atomic Energy Commission 8.6
34-13	Higher Education Assistance Authority 42.6
34-14	Historical Preservation and Heritage Commission 16.6
34-15	Public Telecommunications Authority 20.0
34-16	Office of the Attorney General 231.1
34-17	Corrections 1,464.0
34-18	Judiciary 729.3
34-19	Military Staff 103.0
34-20	Public Safety 591.5
34-21	Fire Safety Code Bd. of Appeal and Review 3.0
34-22	Office of the Public Defender 93.5
34-23	Environmental Management 501.0
34-24	Transportation 729.2
34-25	Total 14,796.6
34-26	SECTION 13. The amounts reflected in this Article include the appropriation of Rhode
34-27	Island Capital Plan funds for fiscal year 2009 and supersede appropriations provided for FY 2009
34-28	within Section 12 of Article 1 of Chapter 73 of the P.L. of 2007.
34-29	The following amounts are hereby appropriated out of any money in the State’s Rhode
34-30	Island Capital Plan Fund not otherwise appropriated to be expended during the fiscal years ending
34-31	June 30, 2010, June 30, 2011, and June 30, 2012. These amounts supersede appropriations
34-32	provided within Section 8 of Article 1 of Chapter 246 of the P.L. of 2006. For the purposes and
34-33	functions hereinafter mentioned, the State Controller is hereby authorized and directed to draw
34-34	his or her orders upon the General Treasurer for the payment of such sums and such portions
35-1	thereof as may be required by him or her upon receipt of properly authenticated vouchers.
35-2	FiscalYearEnding FiscalYearEnding FiscalYear Ending
35-3	Project June 30, 2010 June 30, 2011 June 30, 2012
35-4	DOA-Pastore Utilities Upgrade 2,500,000 1,500,000 1,500,000
35-5	DOA-State House Renovations 2,000,000 6,000,000 6,000,000
35-6	DCYF-Fire Code Upgrades-Group Homes 500,000 1,000,000 1,000,000
35-7	Higher Ed-Asset Protection-CCRI 1,228,125 1,264,970 1,302,920
35-8	Higher Ed-Asset Protection-RIC 1,929,910 1,987,800 2,047,440
35-9	Higher Ed-Asset Protection-URI 4,444,640 4,577,980 4,715,320
35-10	DOC-Corrections Asset Protection 2,500,000 3,000,000 3,000,000
35-11	State Police-New HQ/Training Facility 14,000,000 0 0
35-12	Mil Staff-Asset Protection 231,525 243,101 255,256
35-13	Mil Staff-AMC Roof/HVAC 950,000 0 0
35-14	DEM-Dam Repairs 1,710,000 250,000 1,350,000
35-15	DEM-Recreation Facility Improvements 1,060,900 1,092,730 1,125,510
35-16	SECTION 14. Reappropriation of Funding for Rhode Island Capital Plan Fund Projects.
35-17	- Any unexpended and unencumbered funds from Rhode Island Capital Plan Fund project
35-18	appropriations shall be reappropriated in the ensuing fiscal year and made available for the same
35-19	purpose. Any unexpended funds of less than five hundred dollars ($500) shall be reappropriated
35-20	at the discretion of the State Budget Officer.
35-21	SECTION 15. This article shall take effect as of July 1, 2008.
35-22	ARTICLE 2
35-23	RELATING TO BORROWING IN ANTICIPATION OF RECEIPTS FROM TAXES
35-24	SECTION 1. (a) The State of Rhode Island is hereby authorized to borrow during its
35-25	fiscal year ending June 30, 2009, in anticipation of receipts from taxes such sum or sums, at such
35-26	time or times and upon such terms and conditions not inconsistent with the provisions and
35-27	limitations of Section 17 of Article VI of the constitution of Rhode Island, as the general
35-28	treasurer, with the advise of the Governor, shall deem for the best interests of the state, provided
35-29	that the amounts so borrowed shall not exceed two hundred and seventy million dollars
35-30	($270,000,000), at any time outstanding. The state is hereby further authorized to give its
35-31	promissory note or notes signed by the general treasurer and counter-signed by the secretary of
35-32	state for the payment of any sum so borrowed. Any such proceeds shall be invested by the
35-33	general treasurer until such time as they are needed. The interest income earned from such
35-34	investments shall be used to pay the interest on the promissory note or notes, or other forms of
36-1	obligations, and any expense of issuing the promissory note or notes, or other forms of
36-2	obligations, with the balance remaining at the end of said fiscal year, if any, shall be used toward
36-3	the payment of long-term debt service of the state, unless prohibited by federal law or regulation.
36-4	(b) Notwithstanding any other authority to the contrary, duly authorized bonds or notes of
36-5	the state issued during the fiscal year ending June 30, 2009 may be issued in the form of
36-6	commercial paper, so-called. In connection herewith, the state, acting through the general
36-7	treasurer, may enter into agreements with banks, trust companies or other financial institutions
36-8	within or outside the state, whether in the form of letters or lines of credit, liquidity facilities,
36-9	insurance or other support arrangements. Any notes issued as commercial paper shall be in such
36-10	amounts and bear such terms as the general treasurer, with the advice of the governor, shall
36-11	determine, which may include provisions for prepayment at any time with or without premium at
36-12	the option of the state. Such notes may be sold at a premium or discount, and may bear interest or
36-13	not and, if interest bearing, may bear interest at such rate or rates variable from time to time as
36-14	determined by the Federal Reserve Bank Composite Index of Commercial Paper, or the
36-15	Municipal Market Data General Market Index or other similar commercial paper offerings, or
36-16	other method specified in any agreement with brokers for the placement or marketing of any such
36-17	notes issued as commercial paper, or other like agreements. Any such agreement may also
36-18	include such other covenants and provisions for protecting the rights, security and remedies of the
36-19	lenders as may, in the discretion of the general treasurer, be reasonable, legal and proper. The
36-20	general treasurer may also enter into agreements with brokers for the placement or marketing of
36-21	any such notes of the state issued as commercial paper. Any notes to the state issued as
36-22	commercial paper in anticipation of receipts from taxes in any fiscal year must also be issued in
36-23	accordance with the provisions of Section 17 of Article VI of the constitution of Rhode Island and
36-24	within the limitations set forth in Subsection (a) of Section 1 of this Article.
36-25	(c) Notwithstanding any other authority to the contrary, other forms of obligations of the
36-26	state not to exceed twenty million dollars ($20,000,000) of the two hundred seventy million dollar
36-27	($270,000,000) amount authorized in Section 1 may be issued during the fiscal year ending June
36-28	30, 2009 in the form of a commercial or business credit account, at any time outstanding, with
36-29	banks, trust companies or other financial institutions within or outside the state in order to finance
36-30	a payables incentive program for the state with its vendors. Any such forms of obligations entered
36-31	into pursuant to this subsection shall be in such amounts and bear such terms as the general
36-32	treasurer, with the advice of the governor, shall determine, which may include provisions for
36-33	prepayment at any time with or without premium at the option of the state. Any such forms of
36-34	obligations entered into pursuant to this subsection may also include such other covenants and
37-1	provisions for protecting the rights, security and remedies of the lenders as may, in the discretion
37-2	of the general treasurer, be reasonable, legal and proper. Any such forms of obligations entered
37-3	into pursuant to this subsection must also be issued in accordance with the provisions of Section
37-4	17 of Article VI of the Constitution of Rhode Island and within the limitations set forth in
37-5	Subsection (a) of Section 1 of this Article.
37-6	SECTION 2. This article shall take effect upon passage.
37-7	ARTICLE 3
37-8	RELATING TO BOND PREMIUMS
37-9	SECTION 1. Section 6, Article 3 of Chapter 289 of the 1986 Public Laws is hereby
37-10	amended to read as follows:
37-11	Section 6. Proceeds of bonds and notes to be deposited in the Rhode Island clean water
37-12	act environmental trust fund program. -- (a) As such funds are needed, the general treasurer is
37-13	directed to deposit the proceeds from the sale of such environmental bonds, exclusive of
37-14	premiums and accrued interest and net of the underwriter cost, and cost of bond insurance, in one
37-15	of more of the depositories in which the funds of the state may be lawfully kept in such special
37-16	accounts (hereinafter cumulatively referred to as “such Rhode Island Clean Water Act
37-17	Environmental Trust Fund”) as established by section 46-12-24.2 and to be used for the purposes
37-18	specified in section 46-12-24.2.
37-19	(b) All proceeds of bonds and notes not immediately required for deposit into such Rhode
37-20	Island Clean Water Act Environmental Trust Fund may be invested by the investment
37-21	commission, as established by chapter 35-10 of the general laws, pursuant to the provisions of
37-22	such chapter; provided, however, that the securities in which such fund is invested shall remain a
37-23	part of such fund until exchanged for other securities, and provided further that the income from
37-24	such investments made pursuant to this subsection shall become part of the general fund of the
37-25	state and shall be applied to the payment of debt service charges of the state, unless prohibited by
37-26	applicable federal law.
37-27	SECTION 2. Section 6, Article 1 of Chapter 425 of the 1987 Public Laws is hereby
37-28	amended to read as follows:
37-29	Section 6. Proceeds of open space and recreational area bonds. – (a) The general treasurer
37-30	is directed to deposit the proceeds from the sale of open space and recreational area bonds,
37-31	exclusive of premiums and accrued interest and net of the underwriters cost, and cost of bond
37-32	insurance, in one or more of the depositories in which the funds of the state may lawfully be kept
37-33	in appropriately designated special accounts (hereinafter cumulatively referred to as “such open
37-34	space and recreational area bond funds”), to be used for the purposes and in the manner set forth
38-1	in this section.
38-2	(b) Up to forty-five million dollars ($45,000,000.00) of such open space and recreational
38-3	area bond funds are hereby allocated for grants to the cities and towns, to be administered by the
38-4	director of environmental management to be used:
38-5	(1) to purchase fee simple title or development rights to open spaces, coastal flood-prone
38-6	areas and public recreational areas, and
38-7	(2) for the improving and restoration of public recreational areas. Fifty percent (50%) of
38-8	the aforementioned sums shall be allocated to the cities and towns in the form of grants in the
38-9	furtherance of section 6(b)(1) and shall be equal to seventy five percent (75%) of the cost of any
38-10	such purchase of fee simple or development rights. All funds allocated for grants under this
38-11	subsection must be obligated for grants no later than three years from the date of voter approval
38-12	for the referendum authorized in section 1 of this act. All funds authorized but not obligated on
38-13	that date shall revert to the control of the director of environmental management for use in the
38-14	furtherance of the purposes contained in section 6(b)(1). Forty percent (40%) of said funds shall
38-15	be allocated to the cities and towns in the form of grants in the furtherance of section 6(b)(2) and
38-16	shall be equal to fifty percent (50%) of the cost of any improvements and restoration. The
38-17	remaining ten percent (10%) of said funds shall be used to carry out the provisions of section
38-18	6(b)(1) or section 6(b)(2) so as to make it possible under certain circumstances, including the
38-19	financial ability of a community, to fund any such program up to a one hundred percent (100%)
38-20	grant. The director shall establish guidelines for the allocation of funds under 6(b).
38-21	(c) Up to fifteen million dollars ($15,000,000.00) of such open space and recreational
38-22	area bonds are hereby allocated to the department of environmental management to be used to
38-23	purchase fee simple or development rights for the preservation of open spaces and rehabilitation
38-24	of state owned recreation areas. Priority shall be given to preserving those lands that either
38-25	service or are accessible to people living in the more densely populated areas of the state. Not
38-26	more than five million dollars ($5,000,000.00) of said funds shall be utilized for the rehabilitation
38-27	of state owned recreation areas. Said funds shall be utilized to allow private land trusts to apply
38-28	for and receive funds equal to seventy-five percent (75%) of the cost of any purchase.
38-29	(d) Up to five million two hundred dollars ($5,200,000.00) of such open space and
38-30	recreational area bonds are hereby allocated for the restoration or rehabilitation of the following
38-31	parks which shall be carried out pursuant to any applicable master plan dealing with the
38-32	restoration of historic landscape in order to maintain the landscape architectural integrity of these
38-33	parks.
38-34	(1) Three million dollars ($3,000,000.00) for the restoration of Roger Williams Park;
39-1	(2) Two hundred thousand dollars ($200,000) for restoration of Jenks Park in Central
39-2	Falls;
39-3	(3) Four hundred thousand dollars ($400,000) for restoration of Slater Park in Pawtucket;
39-4	(4) Two hundred thousand dollars ($200,000) for rehabilitation of Cold Spring Park in
39-5	Woonsocket;
39-6	(5) Eight hundred thousand dollars ($800,000) for rehabilitation of City Park in the City
39-7	of Warwick; and
39-8	(6) Two hundred fifty thousand dollars ($250,000) for the rehabilitation of Carousel Park
39-9	in East Providence
39-10	(7) Two hundred fifty thousand dollars ($250,000) for the rehabilitation of Freebody Park
39-11	and Miantonomi Park in the city of Newport;
39-12	(8) One hundred thousand dollars ($100,000) for the rehabilitation of Wilcox Park in
39-13	Westerly.
39-14	(e) Neither the director nor any municipality shall use such open space and recreational
39-15	area bond funds to purchase title or development rights to any property whose natural condition is
39-16	such that it can not be developed.
39-17	(f) The director shall pay the expense of issue for the open space and recreational area
39-18	bonds or notes hereunder from the proceeds thereof.
39-19	(g) The state controller is hereby authorized and directed to draw orders upon the general
39-20	treasurer for payment out of such open space and recreational area bond funds of such sum or
39-21	sums as may be required from time to time, upon the receipt of properly authenticated vouchers
39-22	approved by the director.
39-23	SECTION 3. Section 7, Article 1 of Chapter 434 of the 1990 Public Laws is hereby
39-24	amended to read as follows:
39-25	Section 7. Proceeds of capital development program. – The general treasurer is directed
39-26	to deposit the proceeds from the sale of such capital development bonds, exclusive of premiums
39-27	and accrued interest and net of the underwriters cost, and cost of bond insurance, in one or more
39-28	of the depositories in which the funds of the state may be lawfully kept in such special accounts
39-29	(hereinafter cumulatively referred to as “such capital development bond fund”) appropriately
39-30	designated for each of such projects set forth in sections 1 and 2 hereof which shall have been
39-31	approved by the people to be used for the purpose of paying the cost of all such projects so
39-32	approved.
39-33	All moneys in such capital development fund shall be expended for the purposes
39-34	specified in the proposition provided for in sections 1 and 2 hereof under the direction and
40-1	supervision of the director of administration (hereinafter referred to as “said director”); provided,
40-2	however, with respect to the project regarding transportation, said director may delegate all of
40-3	part of the authority hereunder granted to the director of transportation; said director or his
40-4	delegate, as the case may be, shall be vested with all power and authority necessary or incidental
40-5	to the purposes of this act, including where appropriate without limiting the generality of said
40-6	authority, and only by way of illustration, the following authority: (a) to acquire land or other
40-7	real property or any interest, estate or right therein as may be necessary or advantageous to
40-8	accomplish the purposes of this act; (b) to pay for the preparation of any reports, plans and
40-9	specifications, and relocation expenses and other costs such as for furnishings, equipment
40-10	designing, inspecting and engineering, required in connection with the implementation of any
40-11	project set forth in sections 1 and 2 hereof; (c) to pay the costs of construction, rehabilitation,
40-12	enlargement, provision of service utilities, and razing of facilities, and other improvements to
40-13	land in connection with the implementation of any project set for in sections 1 and 2 hereof; and
40-14	(d) to pay for the cost of equipment, supplies, devices, materials and labor for repair, renovation
40-15	or conversion of systems and structures as necessary to implement any project set forth in
40-16	sections 1 and 2 hereof; (e) to pay the expense of issue for such 1990 and 1992 capital
40-17	development program bonds or notes hereunder from the proceeds thereof.
40-18	No more of such moneys in such capital development bond fund shall be expended for
40-19	any such project than the total amount appearing next to the description of such project in the
40-20	proposition provided for in sections 1 and 2 hereof.
40-21	The state controller is authorized and directed to draw his orders upon the general
40-22	treasurer for payment out of such capital development bond fund of such sum or sums as may be
40-23	required from time to time, upon receipt by him of properly authenticated vouchers approved by
40-24	said director or his delegate as the case may be.
40-25	The powers and authorities granted by this act to said director or his delegate, as the case
40-26	may be, shall be in addition to, and not in substitution for, all other power provided by law.
40-27	SECTION 4. Section 7, Article 6 of Chapter 70 of the 1994 Public Laws is hereby
40-28	amended to read as follows:
40-29	Section 7. Proceeds of capital development program. -- The general treasurer is directed
40-30	to deposit the proceeds from the sale of such capital development bonds, exclusive of premiums
40-31	and accrued interest and net of the underwriters cost, and cost of bond insurance, in one or more
40-32	of the depositories in which the funds of the state may be lawfully kept in such special accounts
40-33	(hereinafter cumulatively referred to as "such capital development bond fund") appropriately
40-34	designated for each of such projects set forth in sections 1 and 2 hereof which shall have been
41-1	approved by the people to be used for the purpose of paying the cost of all such projects so
41-2	approved.
41-3	All monies in such capital development fund shall be expended for the purposes specified
41-4	in the propositions provided for in sections 1 and 2 hereof under the direction and supervision of
41-5	the director of administration (hereinafter referred to as "said director") said director or his
41-6	delegate, as the case may be, shall be vested with all power and authority necessary or incidental
41-7	to the purposes of this act, including where appropriate without limiting the generality of said
41-8	authority, and only by way of illustration, the following authority: (a) to acquire land or other real
41-9	property or any interest, estate or right therein as may be necessary or advantageous to
41-10	accomplish the purposes of this act; (b) to pay for the preparation of any reports, plans and
41-11	specifications, and relocation expenses and other costs such as for furnishings, equipment
41-12	designing, inspecting and engineering, required in connection with the implementation of any
41-13	projects set forth in sections 1 and 2 hereof; (c) to pay the costs of construction, rehabilitation,
41-14	enlargement, provision of service utilities, and razing of facilities, and other improvements to
41-15	land in connection with the implementation of any projects set forth in sections 1 and 2 hereof;
41-16	and (d) to pay for the cost of equipment, supplies, devices, materials and labor for repair,
41-17	renovation or conversion of systems and structures as necessary to issue for such 1994 and 1996
41-18	capital development program bonds or notes hereunder from the proceeds thereof.
41-19	No more of such monies in such capital development bond fund shall be expended for
41-20	any such project than the total amount appearing next to the description of such project in the
41-21	propositions provided for in sections 1 and 2 hereof.
41-22	The state controller is authorized and directed to draw his or her orders upon the general
41-23	treasurer for payment out of such capital development bond fund of such sum or sums as may be
41-24	required from time to time, upon receipt by him or her of properly authenticated vouchers
41-25	approved by said director or his or her delegate as the case may be.
41-26	The powers and authorities granted by this act to said director or his or her delegate, as
41-27	the case may be, shall be in addition to, and not in substitution for, all other power provided by
41-28	law.
41-29	SECTION 5. Section 6, Article 5 of Chapter 31 of the 1998 Public Laws is hereby
41-30	amended to read as follows:
41-31	Section 6. Proceeds of capital development program. -- The general treasurer is directed
41-32	to deposit the proceeds from the sale of such capital development bonds, exclusive of premiums
41-33	and accrued interest and net of the underwriters cost, and cost of bond insurance, in one or more
41-34	of the depositories in which the funds of the state may be lawfully kept in such special accounts
42-1	(hereinafter cumulatively referred to as "such capital development bond fund") appropriately
42-2	designated for each of such projects set forth in section 1 hereof which shall have been approved
42-3	by the people to be used for the purpose of paying the cost of all such projects so approved.
42-4	All monies in such capital development fund shall be expended for the purposes specified
42-5	in the propositions provided for in section 1 hereof under the direction and supervision of the
42-6	director of administration (hereinafter referred to as "said director") said director or his delegate,
42-7	as the case may be, shall be vested with all power and authority necessary or incidental to the
42-8	purposes of this act, including where appropriate without limiting the generality of said authority,
42-9	and only by way of illustration, the following authority: (a) to acquire land or other real property
42-10	or any interest, estate or right therein as may be necessary or advantageous to accomplish the
42-11	purposes of this act; (b) to pay for the preparation of any reports, plans and specifications, and
42-12	relocation expenses and other costs such as for furnishings, equipment designing, inspecting and
42-13	engineering, required in connection with the implementation of any projects set forth in section 1
42-14	hereof; (c) to pay the costs of construction, rehabilitation, enlargement, provision of service
42-15	utilities, and razing of facilities, and other improvements to land in connection with the
42-16	implementation of any projects set forth in section 1 hereof; and (d) to pay for the cost of
42-17	equipment, supplies, devices, materials and labor for repair, renovation or conversion of systems
42-18	and structures as necessary for such 1998 capital development program bonds or notes hereunder
42-19	from the proceeds thereof.
42-20	No more of such monies in such capital development bond fund shall be expended for
42-21	any such project than the total amount appearing next to the description of such project in the
42-22	propositions provided for in section 1 hereof.
42-23	The state controller is authorized and directed to draw his or her orders upon the general
42-24	treasurer for payment out of such capital development bond fund of such sum or sums as may be
42-25	required from time to time, upon receipt by him or her of properly authenticated vouchers
42-26	approved by said director or his or her delegate as the case may be.
42-27	The powers and authorities granted by this act to said director or his or her delegate, as
42-28	the case may be, shall be in addition to, and not in substitution for, all other power provided by
42-29	law.
42-30	SECTION 6. Section 6, Article 5 of Chapter 55 of the 2000 Public Laws is hereby
42-31	amended to read as follows:
42-32	Section 6. Proceeds of capital development program. -- The general treasurer is directed
42-33	to deposit the proceeds from the sale of capital development bonds issued under this act,
42-34	exclusive of premiums and accrued interest and net of the underwriters cost, and cost of bond
43-1	insurance, in one or more of the depositories in which the funds of the state may be lawfully kept
43-2	in special accounts (hereinafter cumulatively referred to as "such capital development bond
43-3	fund") appropriately designated for each of the projects set forth in section 1 hereof which shall
43-4	have been approved by the people to be used for the purpose of paying the cost of all such
43-5	projects so approved.
43-6	All monies in the capital development fund shall be expended for the purposes specified
43-7	in the proposition provided for in section 1 hereof under the direction and supervision of the
43-8	director of administration (hereinafter referred to as "director"). The director or his delegate shall
43-9	be vested with all power and authority necessary or incidental to the purposes of this act,
43-10	including, but not limited to, the following authority: (a) to acquire land or other real property or
43-11	any interest, estate or right therein as may be necessary or advantageous to accomplish the
43-12	purposes of this act; (b) to direct payment for the preparation of any reports, plans and
43-13	specifications, and relocation expenses and other costs such as for furnishings, equipment
43-14	designing, inspecting and engineering, required in connection with the implementation of any
43-15	projects set forth in section 1 hereof; (c) to direct payment for the costs of construction,
43-16	rehabilitation, enlargement, provision of service utilities, and razing of facilities, and other
43-17	improvements to land in connection with the implementation of any projects set forth in section 1
43-18	hereof; and (d) to direct payment for the cost of equipment, supplies, devices, materials and labor
43-19	for repair, renovation or conversion of systems and structures as necessary for 2000 capital
43-20	development program bonds or notes hereunder from the proceeds thereof. No funds shall be
43-21	expended in excess of the amount of the capital development bond fund designated for each
43-22	project authorized in section 1 hereof. With respect to the bonds described in section 1, the
43-23	proceeds shall be utilized for the following purposes:
43-24	Question 1 relating to bonds for environmental and recreational purposes shall be allotted
43-25	as follows:
43-26	(a) Open Space $23,500,000
43-27	Provide funds for the Department of Environmental Management to purchase or
43-28	otherwise permanently protect, through the purchase of fee title, development rights, conservation
43-29	easements and public recreation easements, greenways and other open space, agricultural lands,
43-30	forested lands, state parks, consistent with the "Greenways, Greenspace" element of the State
43-31	Guide Plan and the Department of Environmental Management Land Protection Plan, and for the
43-32	purchase of development rights by the Agricultural Land Preservation Commission to preserve
43-33	farmland throughout the state, and $1,300,000 for acquisition of land through the purchase of fee
43-34	title, development rights, and conservation easements by the State of Rhode Island Water
44-1	Resources Board for the protection of public drinking water supplies. The director of the
44-2	Department of Environmental Management shall award up to $11,400,000 to communities and
44-3	local land trusts, conservation commissions and other environmental non-profit organizations to
44-4	provide matching funds for purposes which include, but are not limited to acquisitions,
44-5	easements, and development rights on land consistent with the State Guide Plan and Local
44-6	Comprehensive Plans.
44-7	(b) Recreational Development $9,000,000
44-8	Provide funds for the design, development, expansion and renovation of new or existing
44-9	public recreational facilities and parks. Up to $3,000,000 of these funds shall be available for the
44-10	development and/or renovation of state public recreational facilities. An amount not to exceed
44-11	$6,000,000 shall be available to municipalities to provide grants on a matching basis, which funds
44-12	shall be allocated as follows:
44-13	(i) Distressed Community Grants $1,000,000
44-14	(ii) Recreation Development Grants $5,000,000
44-15	(iii) Roger Williams Park Restoration $1,500,000
44-16	Provide funds for improvements and renovations at Roger Williams Park.
44-17	Question 2 relating to bonds totaling $60,000,000 for projects to improve the state's water
44-18	quality shall be deposited by the Rhode Island Clean Water Finance Agency in one or more of its
44-19	revolving loan funds which, when leveraged with federal and state capitalization grants, will
44-20	provide funding to municipalities, governmental entities and non-governmental entities for water
44-21	pollution abatement projects and drinking water projects. Not less than $70,000,000 in leveraged
44-22	funds will be allocated for loans at a subsidized rate of zero percent to the Narragansett Bay
44-23	Commission to fund costs associated with combined sewage overflow projects. Not more than
44-24	$3,000,000 of the bond proceeds shall be allocated to the Rhode Island Clean Water Finance
44-25	Agency to provide state matching funds to obtain federal capitalization grants available to the
44-26	state, enabling the Rhode Island Clean Water Finance Agency to provide subsidized interest rate
44-27	loans to community water systems, both privately and publicly owned, and non-profit non-
44-28	community water systems for drinking water projects. The Rhode Island Clean Water Finance
44-29	Agency will use the remainder of the bond proceeds to provide loans at a subsidized rate of zero
44-30	percent to fund water pollution abatement projects pursuant to chapter 46-12.2 of the Rhode
44-31	Island General Laws, including but not limited to, wastewater treatment facilities; sludge
44-32	improvement projects; the construction of sewers to relieve areas that should no longer be served
44-33	by septic systems; planning/feasibility studies to support water quality restoration projects
44-34	including stormwater treatment, nutrient reduction, and other similar water pollution abatement
45-1	projects; restoration of aquatic habitats; and implementation of stormwater treatment and other
45-2	nonpoint source water pollution abatement projects.
45-3	Question 3 relating to bonds in the amount of $62,510,000 for transportation purposes
45-4	shall be allocated as follows: $60,000,000 to match federal highways funds to fund improvements
45-5	to the state's highways, roads and bridges, and $2,510,000 to purchase buses for the Rhode Island
45-6	Public Transit Authority's fleet.
45-7	Question 4 relating to bonds in the amount of $36,950,000 to fund improvements to the
45-8	University of Rhode Island, Rhode Island College and the Community College of Rhode Island
45-9	shall be allocated as follows:
45-10	University of Rhode Island Residence Halls $22,000,000
45-11	Rhode Island College Residence Halls $4,015,000
45-12	Community College of Rhode Island Newport Campus $10,935,000
45-13	Question 5 relating to bonds totaling $25,000,000 for the creation, design, construction,
45-14	furnishing, and equipping of the Heritage Harbor Museum. The new Heritage Harbor Museum is
45-15	being built at the site of the former South Street Power Plant. The general obligation bond
45-16	proceeds shall be used to supplement funding available to the project from other sources,
45-17	including, but not limited to federal grants, contributions from individuals and other corporations
45-18	and foundations, state appropriations, and grants from the City of Providence.
45-19	SECTION 7. Section 6, Article 6 of Chapter 65 of the 2002 Public Laws is hereby
45-20	amended to read as follows:
45-21	Section 6. Proceeds of capital development program. -- The general treasurer is directed
45-22	to deposit the proceeds from the sale of capital development bonds issued under this act,
45-23	exclusive of premiums and accrued interest and net of the underwriters cost, and cost of bond
45-24	insurance, in one or more of the depositories in which the funds of the state may be lawfully kept
45-25	in special accounts (hereinafter cumulatively referred to as "such capital development bond
45-26	fund") appropriately designated for each of the projects set forth in section 1 hereof which shall
45-27	have been approved by the people to be used for the purpose of paying the cost of all such
45-28	projects so approved.
45-29	All monies in the capital development fund shall be expended for the purposes specified
45-30	in the proposition provided for in section 1 hereof under the direction and supervision of the
45-31	director of administration (hereinafter referred to as "director"). The director or his delegate shall
45-32	be vested with all power and authority necessary or incidental to the purposes of this act,
45-33	including but not limited to, the following authority: (a) to acquire land or other real property or
45-34	any interest, estate or right therein as may be necessary or advantageous to accomplish the
46-1	purposes of this act; (b) to direct payment for the preparation of any reports, plans and
46-2	specifications, and relocation expenses and other costs such as for furnishings, equipment
46-3	designing, inspecting and engineering, required in connection with the implementation of any
46-4	projects set forth in section 1 hereof; (c) to direct payment for the costs of construction,
46-5	rehabilitation, enlargement, provision of service utilities, and razing of facilities, and other
46-6	improvements to land in connection with the implementation of any projects set forth in section 1
46-7	hereof; and (d) to direct payment for the cost of equipment, supplies, devices, materials and labor
46-8	for repair, renovation or conversion of systems and structures as necessary for 2002 capital
46-9	development program bonds or notes hereunder from the proceeds thereof. No funds shall be
46-10	expended in excess of the amount of the capital development bond fund designated for each
46-11	project authorized in section 1 hereof. With respect to the bonds and temporary notes described in
46-12	section 1, the proceeds shall be utilized for the following purposes:
46-13	Question 1 relating to bonds and notes totaling $55.0 million for the support of the
46-14	creation, design, construction, furnishing, and equipping of the new State Police Headquarters
46-15	Facility and the new State Municipal Fire Academy. Additionally, funds may be used to upgrade
46-16	the state's automated Fingerprint Identification System. The new State Police Headquarters
46-17	Facility will be centrally located in Rhode Island to better serve the needs of the citizens of the
46-18	state. The facility will serve the centralized dispatch functions for the Division and provide a
46-19	more unified service delivery for the command staff, business office, communications center,
46-20	traffic personnel, detectives, support staff and technology center.
46-21	The new facility moves headquarters from its current location in North Scituate to a
46-22	centralized location in the state based on the number of assistance calls to which the Rhode Island
46-23	State Police respond. With this move, the Division will centralize records, secure evidence,
46-24	expand technology and provide a public service center. The new State Municipal Fire Academy
46-25	will serve the citizens of the state in a modern facility dedicated to fire protection and prevention.
46-26	Question 2 relating to bonds and notes totaling $14,000,000 for preservation, recreation,
46-27	and heritage shall be allocated as follows:
46-28	(a) Pawtuxet River Walkway $3,000,000
46-29	Provide funds for development and restoration of the Pawtuxet River Walkway located
46-30	within the Town of West Warwick.
46-31	(b) Roger Williams Park $3,000,000
46-32	Provide funds for capital development and restoration at Roger Williams Park, located in
46-33	the City of Providence.
46-34	(c) State Support of Museums and Cultural Art Centers located in
47-1	historic structures $3,000,000
47-2	Provide state support of the Historical Preservation and Heritage Commission to fund
47-3	capital preservation for renovation projects for museums and cultural art centers located in
47-4	historic structures in the State of Rhode Island.
47-5	(d) Heritage Harbor Museum $5,000,000
47-6	Provide funds for the creation, design, construction, furnishing, and equipping of the
47-7	Heritage Harbor Museum, a statewide history museum and cultural center for Rhode Island. The
47-8	new Heritage Harbor Museum is being built at the site of the former South Street Power Plant.
47-9	The general obligation bond proceeds shall be used to supplement funding available to the project
47-10	from other sources, including, but not limited to, federal grants, contributions of individuals,
47-11	corporations and foundations, state appropriations, and grants from the City of Providence. The
47-12	Heritage Harbor Museum will feature artifacts from the Smithsonian Institution borrowed
47-13	through the Museum's participation in the Smithsonian Affiliations Program. The Heritage
47-14	Harbor Museum is currently the only Smithsonian affiliate museum in New England.
47-15	Question 3 relating to bonds in the amount of $63,500,000 for transportation purposes
47-16	shall be allocated as follows:
47-17	(a) Highway Improvement Program $60,000,000
47-18	Provide funds for the Department of Transportation to match federal funds or to provide
47-19	direct funding for improvements to the state's highways, roads and bridges.
47-20	(b) Facilities/Equipment Replacement $1,800,000
47-21	Provide funds for the Department of Transportation to repair or renovate existing
47-22	maintenance facilities or to construct new maintenance facilities.
47-23	(c) Bus Replacement $1,700,000
47-24	Provide funds for the Rhode Island Public Transit Authority to purchase new buses or for
47-25	the rehabilitation of existing buses in the bus fleet.
47-26	Question 4 relating to bonds in the amount of $11,000,000 for Quonset Point/Davisville
47-27	for improvements to road and utility infrastructure at the site, for the demolition of buildings, site
47-28	preparation and pier rehabilitation.
47-29	SECTION 8. Section 6, Article 5 of Chapter 595 of the 2004 Public Laws is hereby
47-30	amended as follows:
47-31	Section 6. Proceeds of capital development program. -- The general treasurer is directed
47-32	to deposit the proceeds from the sale of capital development bonds issued under this act,
47-33	exclusive of premiums and accrued interest and net of the underwriters cost, and cost of bond
47-34	insurance, in one or more of the depositories in which the funds of the state may be lawfully kept
48-1	in special accounts (hereinafter cumulatively referred to as "such capital development bond
48-2	fund") appropriately designated for each of the projects set forth in section 1 hereof which shall
48-3	have been approved by the people to be used for the purpose of paying the cost of all such
48-4	projects so approved.
48-5	All monies in the capital development bond fund shall be expended for the purposes
48-6	specified in the proposition provided for in section 1 hereof under the direction and supervision of
48-7	the director of administration (hereinafter referred to as "director"). The director or his or her
48-8	designee shall be vested with all power and authority necessary or incidental to the purposes of
48-9	this act, including but not limited to, the following authority: (a) to acquire land or other real
48-10	property or any interest, estate or right therein as may be necessary or advantageous to
48-11	accomplish the purposes of this act; (b) to direct payment for the preparation of any reports, plans
48-12	and specifications, and relocation expenses and other costs such as for furnishings, equipment
48-13	designing, inspecting and engineering, required in connection with the implementation of any
48-14	projects set forth in section 1 hereof; (c) to direct payment for the costs of construction,
48-15	rehabilitation, enlargement, provision of service utilities, and razing of facilities, and other
48-16	improvements to land in connection with the implementation of any projects set forth in section 1
48-17	hereof; and (d) to direct payment for the cost of equipment, supplies, devices, materials and labor
48-18	for repair, renovation or conversion of systems and structures as necessary for 2004 capital
48-19	development program bonds or notes hereunder from the proceeds thereof. No funds shall be
48-20	expended in excess of the amount of the capital development bond fund designated for each
48-21	project authorized in section 1 hereof. With respect to the bonds and temporary notes described in
48-22	section 1, the proceeds shall be utilized for the following purposes:
48-23	Question 1 relating to bonds in the amount of $66,520,000 for transportation purposes
48-24	shall be allocated as follows:
48-25	(a) Highway improvement program $60,000,000
48-26	Provide funds for the Department of Transportation to match federal funds or to provide
48-27	direct funding for improvements to the state’s highway, roads and bridges.
48-28	(b) Facilities equipment replacement $5,020,000
48-29	(c) Bus replacement $1,500,000
48-30	Provide funds for the Rhode Island Public Transit Authority to purchase new buses or for
48-31	rehabilitation of existing buses in the bus fleet.
48-32	Question 2 relating to bonds and notes totaling $15,000,000 shall be allocated to the
48-33	construction, renovation, and rehabilitation of the state’s regional career and technical schools.
48-34	Question 3 relating to bonds in the amount of $50,000,000 shall be allocated to provide
49-1	$20,000,000 to construct, renovate and rehabilitate residence halls at the University of Rhode
49-2	Island and $30,000,000 to construct a new residence hall at Rhode Island College.
49-3	Subject to any pledge of housing revenues derived by the Board of Governors for Higher
49-4	Education from residence halls at Rhode Island College, the college shall, to the extent of any
49-5	available funds, reimburse the state for debt service paid by the state on the bonds issued pursuant
49-6	to this act.
49-7	Question 4 relating to bonds in the amount of $12,300,000 shall be allocated to restore
49-8	the historic Cranston Street Armory facility for use as an a archives and records center and make
49-9	space available for either office or educational use, provided that the bonds may not be issued
49-10	until the Governor has submitted detailed expenditure plans and cost estimates to the General
49-11	Assembly, and provided further that the General Assembly has reviewed the plans and cost
49-12	estimates and passed a joint resolution approving the issuance.
49-13	Question 5 relating to bonds in the amount of $10,000,000 shall be allocated as follows:
49-14	(a) Emergency water interconnect $5,000,000
49-15	Provide funds for the Water Resources Board to fund matching grants to local water
49-16	suppliers to develop interconnections between and among water systems to be used in the event
49-17	of an emergency.
49-18	(b) Shad Factory Pipeline $5,000,000
49-19	Provide funds for the Water Resources Board to make necessary repairs to the Shad
49-20	Factory Pipeline to ensure continuation of the state’s rights to water from two reservoirs located
49-21	in Massachusetts.
49-22	Question 6 relating to bonds in the amount of $70,000,000 shall be allocated as follows:
49-23	(a) Narragansett Bay and Watershed Restoration $19,000,000
49-24	Provide $8.5 million for activities to restore and protect the water quality, and enhance
49-25	the economic viability and environmental sustainability of Narragansett Bay and the state’s
49-26	watersheds. Eligible activities shall include, but not be limited to: nonpoint pollution source
49-27	abatement, including stormwater management; nutrient loading abatement; commercial, industrial
49-28	and agricultural pollution abatement; and, riparian buffer and watershed ecosystem restoration.
49-29	Provide $10.5 million funding for the Rhode Island Clean Water Finance Agency which will be
49-30	leveraged to provide loans to municipalities and governmental entities for the design,
49-31	construction, repair, equipping and upgrading of wastewater treatment facilities to implement
49-32	nutrient reduction projects impacting Narragansett Bay and the State’s Watersheds.
49-33	(b) Open Space and Recreational Development $43,000,000
49-34	Provide funds for open space land acquisition farmland preservation, and recreational
50-1	development to be allocated as follows: $25,000,000 would be used by the Department of
50-2	Environmental Management to purchase or otherwise permanently protect through the purchase
50-3	of fee title, development rights, conservation easements and public recreation easements,
50-4	greenways and other open space, recreation lands, agriculture lands, forested lands and state
50-5	parks. An amount not to exceed $10,000,000 of these funds shall be available to municipalities
50-6	local land trusts, conservation commissions, and other environmental nonprofit organizations to
50-7	provide grants on a matching basis for open space preservation consistent with the state guide
50-8	plan and local comprehensive plan.
50-9	$18,000,000 would be used for the design, development, expansion and renovation of
50-10	new or existing public recreations facilities and parks. $8,000,000 of these funds shall be
50-11	available for the development or renovation of state public recreational facilities including
50-12	$3,000,000 for restoration of Fort Adams.
50-13	The remaining $10,000,000 includes $4,000,000 for Roger Williams Park and Zoo,
50-14	$4,000,000 for municipalities to provide grants on a matching basis for other municipal parks,
50-15	and $2,000,000 for municipalities to provide grants on a matching basis for recreation
50-16	development grants.
50-17	(c) Groundwater Protection/Land Acquisition $8,000,000
50-18	Provide funds for use by the Rhode Island Water Resources Board for acquisition of land
50-19	through the purchase of fee title, development rights, and conservation easements for
50-20	groundwater protection and protection of public drinking water supplies.
50-21	Question 7 relating to bonds and notes totaling $14,000,000 shall be allocated to the
50-22	construction and renovation of the University of Rhode Island Pell Library and Oceanographic
50-23	Information Center.
50-24	Question 8 relating to bonds and notes totaling $6,700,000 shall be allocated to the
50-25	construction of the Athletic Performance Center and the renovation of facilities at Meade Stadium
50-26	and Keaney Gymnasium at the University of Rhode Island.
50-27	Question 9 relating to bonds in the amount of $3,000,000 shall be allocated to the
50-28	Historical Preservation and Heritage Commission to fund capital preservation for renovation
50-29	projects for public and nonprofit historic sites, museums and cultural art centers located in
50-30	historic structures in the State of Rhode Island.
50-31	Question 10 relating to bonds in the amount of $46,500,000 shall be allocated to provide
50-32	funds to begin to purchase, build or modify state facilities for state agency use to reduce the
50-33	state’s reliance on leased space and for the State Information Operations Center to meet the
50-34	state’s growing technology needs, provided that the bonds may not be issued until the Governor
51-1	has submitted detailed expenditure plans and cost estimates to the General Assembly, and
51-2	provided further that the General Assembly has reviewed the plans and cost estimates and passed
51-3	a joint resolution approving the issuance of all or a portion of the bonds.
51-4	Question 11 relating to bonds and notes totaling $50,000,000 shall be allocated to the
51-5	construction of the University of Rhode Island Center for Biotechnology and Life Sciences.
51-6	Question 12 relating to bonds and notes totaling $48,000,000 shall be allocated to road
51-7	and utility infrastructure, building demolition, site preparation, and pier rehabilitation at the
51-8	Quonset Point/Davisville Industrial Park.
51-9	SECTION 9. This article shall take effect on July 1, 2008.
51-10	ARTICLE 4
51-11	RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS
51-12	SECTION 1. This article consists of Joint Resolutions that are submitted pursuant to
51-13	Rhode Island General Laws § 35-18-1, et seq.
51-14	SECTION 2. Registry of Motor Vehicles/Virks Building Renovations.
51-15	WHEREAS, the department of revenue is responsible for all taxation and revenue
51-16	producing functions of the executive branch; and
51-17	WHEREAS, within the department of revenue, the division of motor vehicles (DMV) is
51-18	responsible for a wide array of motor vehicle registration and operator licensing functions; and
51-19	WHEREAS, the DMV’s primary public contact and operations center has been located in
51-20	leased space in Pawtucket, Rhode Island for over a decade; and
51-21	WHEREAS, it is in the best interest of the state of Rhode Island to streamline DMV
51-22	service delivery to achieve better motor vehicle registration and operator licensing functions and
51-23	to provide taxpayers with long-term protection from increasing lease rates at private property; and
51-24	WHEREAS, the three story, 69,000 square foot Aime Forand building located at the
51-25	Pastore Government Center, near the intersection of New London and Howard Avenues, adjacent
51-26	to the recently constructed Rhode Island Traffic Tribunal, would make an ideal location for a new
51-27	DMV headquarters; and
51-28	WHEREAS, the Aime Forand Building is now occupied by staff from the department of
51-29	human services and, due to consolidations within human services departments, the Virks Building
51-30	will soon be available for reuse as office space; and
51-31	WHEREAS, the Virks building is a four-story, 50,000 square foot steel frame building in
51-32	close proximity to other human services buildings and operations within the Pastore Government
51-33	Center; and
51-34	WHEREAS, the renovation of the Aime Forand Building is contingent upon the
52-1	renovation of, and move of human services staff to, the Virks building; and
52-2	WHEREAS, both the Aime Forand and the Virks buildings require upgrades to be in
52-3	compliance with fire, life safety and building codes as well as Americans with Disabilities Act of
52-4	1990 requirements; and
52-5	WHEREAS, the project costs associated with renovating and equipping the Aime Forand
52-6	and the Virks buildings are estimated to be $23.0 million. The total financing obligation of the
52-7	State of Rhode Island would be approximately $23.93 million, with $23.0 million deposited in the
52-8	construction fund, and $93,000 available to pay the associated costs of financing. Total payments
52-9	on the state’s obligation over twenty (20) years on the $23.93 million issuance are projected to be
52-10	$39.94 million, assuming an average effective interest rate of 5.5%. The payments would be
52-11	financed within the department of administration from general revenue appropriations; now,
52-12	therefore, be it
52-13	RESOLVED, that this General Assembly hereby approves financing in an amount not to
52-14	exceed $24.0 million for the renovation of the Amie Forand and the Virks buildings at the Pastore
52-15	Government Center for use as the new division of motor vehicles headquarters and as office
52-16	space for human services agencies, respectively.
52-17	SECTION 3. Energy Service Companies - Equipment Replacement.
52-18	WHEREAS, in fiscal year 2006 Rhode Island state government expended approximately
52-19	$50.0 million on energy utilities for state-owned facilities; and
52-20	WHEREAS, energy prices increased significantly during fiscal year 2007 and are
52-21	expected to continue to rise in fiscal year 2008 and beyond; and
52-22	WHEREAS, the State of Rhode Island owns numerous buildings with boilers, heating
52-23	systems, air conditioning systems, lighting and control systems, many of which are antiquated,
52-24	inefficient, and expensive to maintain; and
52-25	WHEREAS, various private sector companies, hereinafter referred to as energy service
52-26	companies or “ESCOs”, are willing to guarantee energy savings to pay for the cost of the
52-27	replacement of these antiquated and inefficient boilers, heating and air conditioning, lighting and
52-28	other building systems and equipment; and
52-29	WHEREAS, the department of administration is seeking to retain ESCO’s to undertake
52-30	energy service contracts; and
52-31	WHEREAS, the department of administration is seeking to undertake energy savings
52-32	contracts to replace old and obsolete equipment and the estimated cost of such contracts are:
52-33	Pastore Government Center, an amount not to exceed $45.5 million; and
52-34	Zambarano Hospital Campus, an amount not to exceed $7.6 million; now, therefore, be it
53-1	RESOLVED, that the department of administration is authorized to proceed with the
53-2	aforementioned projects in the amounts specified above, and be it further
53-3	RESOLVED, that these contracts will be structured so that, at a minimum, the annual
53-4	principal, interest and service and maintenance costs resulting from these contracts would be
53-5	completely offset by the annual energy savings guaranteed by the ESCOs; and be it further
53-6	RESOLVED, that these contracts would be multi-year contracts of up to a term of
53-7	eighteen years. In addition to saving energy and helping to protect the state from future energy
53-8	cost increases, these contracts would aid in reducing maintenance costs by providing new
53-9	equipment and replacing older energy consuming systems.
53-10	SECTION 4. This article shall take effect upon passage.
53-11	ARTICLE 5
53-12	RELATING TO CAPITAL DEVELOPMENT PROGRAM
53-13	SECTION 1. Proposition to be submitted to the people. -- At the general election to be
53-14	held on the Tuesday next after the first Monday in November 2008, there shall be submitted to
53-15	the people for their approval or rejection the following proposition:
53-16	"Shall the action of the general assembly, by an act passed at the January 2008 session,
53-17	authorizing the issuance of bonds, refunding bonds, and temporary notes of the state for the
53-18	capital projects and in the amount with respect to each such project listed below be approved, and
53-19	the issuance of bonds, refunding bonds, and temporary notes authorized in accordance with the
53-20	provisions of said act?"
53-21	Project
53-22	(1) Open Space, Recreation, Bay and Watershed Protection $35,000,000
53-23	Approval of this question will allow for the State of Rhode Island to issue general
53-24	obligation bonds, refunding bonds, and temporary notes in an amount not to exceed $35,000,000
53-25	to provide $5,000,000 for open space, farmland preservation, and recreational development and
53-26	$30,000,000 for anti-pollution projects and/or restoration activities benefiting Narragansett Bay
53-27	and state watersheds.
53-28	(2) Transportation $87,215,000
53-29	Approval of this question will authorize the State of Rhode Island to issue general
53-30	obligation bonds, refunding bonds, and temporary notes in an amount not to exceed $80,000,000
53-31	to match federal funds and provide direct funding for improvements to the state’s highways,
53-32	roads and bridges; $3,570,000 to provide funding for commuter rail, and $3,645,000 to purchase
53-33	and/or rehabilitate buses for the Rhode Island Public Transit Authority’s bus fleet.
53-34	SECTION 2. Ballot labels and applicability of general election laws. -- The secretary
54-1	of state shall prepare and deliver to the state board of elections ballot labels for each of the
54-2	projects provided for in section 1 hereof with the designations "approve" or "reject" provided next
54-3	to the description of each such project to enable voters to approve or reject each such proposition.
54-4	The general election laws, so far as consistent herewith, shall apply to this proposition.
54-5	SECTION 3. Approval of projects by people. -- If a majority of the people voting on
54-6	the proposition provided for in section 1 hereof shall vote to approve the proposition as to any
54-7	project provided for in section 1 hereof, said project shall be deemed to be approved by the
54-8	people. The authority to issue bonds, refunding bonds and temporary notes of the state shall be
54-9	limited to the aggregate amount for all such projects as set forth in the proposition provided for in
54-10	section 1 hereof which has been approved by the people.
54-11	SECTION 4. Bonds for capital development program. -- The general treasurer is
54-12	hereby authorized and empowered with the approval of the governor and in accordance with the
54-13	provisions of this act, to issue from time to time capital development bonds in serial form in the
54-14	name and on behalf of the state in amounts as may be specified from time to time by the governor
54-15	in an aggregate principal amount not to exceed the total amount for all projects approved by the
54-16	people and designated as "capital development loan of 2008 bonds" provided, however, that the
54-17	aggregate principal amount of such capital development bonds and of any temporary notes
54-18	outstanding at any one time issued in anticipation thereof pursuant to section 7 hereof shall not
54-19	exceed the total amount for all such projects as have been approved by the people. All provisions
54-20	in this act relating to "bonds" shall also be deemed to apply to "refunding bonds".
54-21	Capital development bonds issued under this act shall be in denominations of one
54-22	thousand dollars ($1,000) each, or multiples thereof, and shall be payable in any coin or currency
54-23	of the United States which at the time of payment shall be legal tender for public and private
54-24	debts. These capital development bonds shall bear such date or dates, mature at specified time or
54-25	times, but not beyond the end of the twentieth state fiscal year following the state fiscal year in
54-26	which they are issued, bear interest payable semi-annually at a specified rate or different or
54-27	varying rates, be payable at designated time or times at specified place or places, be subject to
54-28	expressed terms of redemption or recall, with or without premium, be in a form, with or without
54-29	interest coupons attached, carry such registration, conversion, reconversion, transfer, debt
54-30	retirement, acceleration and other provisions as may be fixed by the general treasurer, with the
54-31	approval of the governor, upon each issue of such capital development bonds at the time of each
54-32	issue. Whenever the governor shall approve the issuance of such capital development bonds, he
54-33	or she shall certify approval to the secretary of state; the bonds shall be signed by the general
54-34	treasurer and countersigned by the manual or facsimile signature of the secretary of state and
55-1	shall bear the seal of the state or a facsimile thereof. The approval of the governor shall be
55-2	endorsed on each bond so approved with a facsimile of his or her signature.
55-3	SECTION 5. Refunding bonds for 2008 capital development program. -- The general
55-4	treasurer is hereby authorized and empowered, with the approval of the governor and in
55-5	accordance with the provisions of this act, to issue from time to time bonds to refund the 2008
55-6	capital development program bonds in the name and on behalf of the state, in amounts as may be
55-7	specified from time to time by the governor in an aggregate principal amount not to exceed the
55-8	total amount approved by the people, to be designated as "capital development program loan of
55-9	2008 refunding bonds" (hereinafter "refunding bonds").
55-10	The general treasurer with the approval of the governor shall fix the terms and form of
55-11	any refunding bonds issued under this act in the same manner as the capital development bonds
55-12	issued under this act, except that the refunding bonds may not mature more than twenty (20)
55-13	years from the date of original issue of the capital development bonds being refunded.
55-14	The proceeds of the refunding bonds, exclusive of any premium and accrual interest and
55-15	net the underwriters’ cost, and cost of bond insurance, shall, upon their receipt, be paid by the
55-16	general treasurer immediately to the paying agent for the capital development bonds which are to
55-17	be called and prepaid. The paying agent shall hold the refunding bond proceeds in trust until they
55-18	are applied to prepay the capital development bonds. While such proceeds are held in trust, they
55-19	may be invested for the benefit of the state in obligations of the United States of America or the
55-20	State of Rhode Island.
55-21	If the general treasurer shall deposit with the paying agent for the capital development
55-22	bonds the proceeds of the refunding bonds or proceeds from other sources amounts that, when
55-23	invested in obligations of the United States or the State of Rhode Island, are sufficient to pay all
55-24	principal, interest, and premium, if any, on the capital development bonds until these bonds are
55-25	called for prepayment, then such capital development bonds shall not be considered debts of the
55-26	State of Rhode Island for any purpose from the date of deposit of such moneys with the paying
55-27	agent. The refunding bonds shall continue to be a debt of the state until paid.
55-28	The term "bond" shall include "note", and the term "refunding bonds" shall include
55-29	"refunding notes" when used in this act.
55-30	SECTION 6. Proceeds of capital development program. -- The general treasurer is
55-31	directed to deposit the proceeds from the sale of capital development bonds issued under this act,
55-32	exclusive of premiums and accrued interest and net the underwriters’ cost, and cost of bond
55-33	insurance, in one or more of the depositories in which the funds of the state may be lawfully kept
55-34	in special accounts (hereinafter cumulatively referred to as "such capital development bond
56-1	fund") appropriately designated for each of the projects set forth in section 1 hereof which shall
56-2	have been approved by the people to be used for the purpose of paying the cost of all such
56-3	projects so approved.
56-4	All monies in the capital development bond fund shall be expended for the purposes
56-5	specified in the proposition provided for in section 1 hereof under the direction and supervision of
56-6	the director of administration (hereinafter referred to as "director"). The director or his or her
56-7	designee shall be vested with all power and authority necessary or incidental to the purposes of
56-8	this act, including but not limited to, the following authority: (a) to acquire land or other real
56-9	property or any interest, estate or right therein as may be necessary or advantageous to
56-10	accomplish the purposes of this act; (b) to direct payment for the preparation of any reports, plans
56-11	and specifications, and relocation expenses and other costs such as for furnishings, equipment
56-12	designing, inspecting and engineering, required in connection with the implementation of any
56-13	projects set forth in section 1 hereof; (c) to direct payment for the costs of construction,
56-14	rehabilitation, enlargement, provision of service utilities, and razing of facilities, and other
56-15	improvements to land in connection with the implementation of any projects set forth in section 1
56-16	hereof; and (d) to direct payment for the cost of equipment, supplies, devices, materials and labor
56-17	for repair, renovation or conversion of systems and structures as necessary for 2008 capital
56-18	development program bonds or notes hereunder from the proceeds thereof. No funds shall be
56-19	expended in excess of the amount of the capital development bond fund designated for each
56-20	project authorized in section 1 hereof. With respect to the bonds and temporary notes described in
56-21	section 1, the proceeds shall be utilized for the following purposes:
56-22	Question 1 relating to bonds in the amount of $35,000,000 shall be allocated as follows:
56-23	(a) Narragansett Bay and Watershed Restoration $30,000,000
56-24	Provide $15,000,000 to the Department of Environmental Management for activities to
56-25	restore and protect the water quality, and enhance the economic viability and environmental
56-26	sustainability of Narragansett Bay and the state’s watersheds. Eligible activities shall include, but
56-27	not be limited to: nonpoint pollution source abatement, including stormwater management;
56-28	nutrient loading abatement; commercial, industrial and agricultural pollution abatement; and,
56-29	riparian buffer and watershed ecosystem restoration. Provide $15,000,000 for the Rhode Island
56-30	Clean Water Finance Agency which will be leveraged to provide loans to municipalities and
56-31	governmental entities for the design, construction, repair, equipping and upgrading of wastewater
56-32	treatment facilities to implement nutrient reduction and other water quality projects impacting
56-33	Narragansett Bay and the state’s watersheds.
56-34	(b) Open Space and Recreational Development $5,000,000
57-1	Provide funds for open space land acquisition, farmland preservation, and recreational
57-2	development to be allocated as follows: $2,500,000 would be used by the Department of
57-3	Environmental Management to purchase or otherwise permanently protect through the purchase
57-4	of fee title, development rights, conservation easements and public recreation easements,
57-5	greenways and other open space, recreation lands, agriculture lands, forested lands and state
57-6	parks. An amount not to exceed $1,000,000 of these funds shall be available to municipalities,
57-7	local land trusts, conservation commissions, and other environmental nonprofit organizations to
57-8	provide grants on a matching basis for open space preservation consistent with the state guide
57-9	plan and local comprehensive plan. An amount not to exceed $1,500,000 of these funds shall be
57-10	provided to the Department of Environmental Management for the Local Recreation
57-11	Development Program to provide funding assistance for local communities to develop, acquire, or
57-12	renovate recreation facilities.
57-13	Question 2 relating to bonds in the amount of $87,215,000 for transportation purposes
57-14	shall be allocated as follows:
57-15	(a) Highway improvement program $80,000,000
57-16	Provide funds for the Department of Transportation to match federal funds or to provide
57-17	direct funding for improvements to the state’s highway, roads and bridges.
57-18	(b) Commuter Rail $3,570,000
57-19	Provide funds for the Department of Transportation to match federal funds or to provide
57-20	direct funding for commuter rail.
57-21	(c) Bus replacement/Rehabilitation $3,645,000
57-22	Provide funds for the Rhode Island Public Transit Authority to purchase new buses or for
57-23	rehabilitation of existing buses in the bus fleet.
57-24	SECTION 7. Sale of bonds and notes. -- Any bonds or notes issued under the authority
57-25	of this act shall be sold from time to time at not less than the principal amount thereof, in such
57-26	mode and on such terms and conditions as the general treasurer, with the approval of the
57-27	governor, shall deem to be for the best interests of the state.
57-28	Any premiums and accrued interest, net of the cost of bond insurance and underwriters
57-29	discount, that may be received on the sale of the capital development bonds or notes shall become
57-30	part of the general fund of the state and shall be applied to the payment of debt service charges of
57-31	the state.
57-32	In the event that the amount received from the sale of the capital development bonds or
57-33	notes exceeds the amount necessary for the purposes stated in section 6 hereof, the surplus may
57-34	be used to the extent possible to retire the bonds as the same may become due, to redeem them in
58-1	accordance with the terms thereof or otherwise to purchase them as the general treasurer, with the
58-2	approval of the governor, shall deem to be for the best interests of the state.
58-3	Any bonds or notes issued under the provisions of this act and coupons on any capital
58-4	development bonds, if properly executed by the manual or facsimile signatures of officers of the
58-5	state in office on the date of execution shall be valid and binding according to their tenor,
58-6	notwithstanding that before the delivery thereof and payment therefor, any or all such officers
58-7	shall for any reason have ceased to hold office.
58-8	SECTION 8. Bonds and notes to be tax exempt and general obligations of the state. -
58-9	- All bonds and notes issued under the authority of this act shall be exempt from taxation in the
58-10	state and shall be general obligations of the state, and the full faith and credit of the state is hereby
58-11	pledged for the due payment of the principal and interest on each of such bonds and notes as the
58-12	same shall become due.
58-13	SECTION 9. Investment of moneys in fund. -- All moneys in the capital development
58-14	fund not immediately required for payment pursuant to the provisions of this act may be invested
58-15	by the investment commission, as established by chapter 35-10, pursuant to the provisions of such
58-16	chapter; provided, however, that the securities in which the capital development fund is invested
58-17	shall remain a part of the capital development fund until exchanged for other securities; and
58-18	provided further, that the income from investments of the capital development fund shall become
58-19	a part of the general fund of the state and shall be applied to the payment of debt service charges
58-20	of the state, or to the extent necessary, to rebate to the United States treasury any income from
58-21	investments (including gains from the disposition of investments) of proceeds of bonds or notes
58-22	to the extent deemed necessary to exempt (in whole or in part) the interest paid on such bonds or
58-23	notes from federal income taxation.
58-24	SECTION 10. Appropriation. -- To the extent the debt service on these bonds is not
58-25	otherwise provided, a sum sufficient to pay the interest and principal due each year on bonds and
58-26	notes hereunder is hereby annually appropriated out of any money in the treasury not otherwise
58-27	appropriated.
58-28	SECTION 11. Advances from general fund. -- The general treasurer is authorized from
58-29	time to time with the approval of the director and the governor, in anticipation of the issue of
58-30	notes or bonds under the authority of this act, to advance to the capital development bond fund for
58-31	the purposes specified in section 6 hereof, any funds of the state not specifically held for any
58-32	particular purpose; provided, however, that all advances made to the capital development bond
58-33	fund shall be returned to the general fund from the capital development bond fund forthwith upon
58-34	the receipt by the capital development fund of proceeds resulting from the issue of notes or bonds
59-1	to the extent of such advances.
59-2	SECTION 12. Federal assistance and private funds. -- In carrying out this act, the
59-3	director, or his or her designee, is authorized on behalf of the state, with the approval of the
59-4	governor, to apply for and accept any federal assistance which may become available for the
59-5	purpose of this act, whether in the form of loan or grant or otherwise, to accept the provision of
59-6	any federal legislation therefor, to enter into, act and carry out contracts in connection therewith,
59-7	to act as agent for the federal government in connection therewith, or to designate a subordinate
59-8	so to act. Where federal assistance is made available, the project shall be carried out in
59-9	accordance with applicable federal law, the rules and regulations thereunder and the contract or
59-10	contracts providing for federal assistance, notwithstanding any contrary provisions of state law.
59-11	Subject to the foregoing, any federal funds received for the purposes of this act shall be deposited
59-12	in the capital development bond fund and expended as a part thereof. The director or his or her
59-13	designee may also utilize any private funds that may be made available for the purposes of this
59-14	act.
59-15	SECTION 13. Effective Date. Sections 1, 2, 3, 11, and 12 of this article shall take effect
59-16	upon passage. The remaining sections of this article shall take effect when and if the state board
59-17	of elections shall certify to the secretary of state that a majority of the qualified electors voting on
59-18	the propositions contained in section 1 hereof have indicated their approval of all or any projects
59-19	thereunder.
59-20	ARTICLE 6
59-21	RELATING TO SECRETARY OF STATE LEGISLATIVE MANUAL
59-22	SECTION 1. Section 22-3-12 of the General Laws in Chapter 22-3 entitled
59-23	“Organization of General Assembly” is hereby amended to read as follows:
59-24	22-3-12. Legislative manual. – The secretary of state shall prepare in each odd-
59-25	numbered year a legislative manual for the use of the general assembly, containing the rolls of
59-26	membership, the committees, the rules and orders, and any other matter that the secretary may
59-27	think proper. This manual shall be disseminated through the official website of the office of the
59-28	secretary of state. ~~The number of manuals to be printed and bound will be determined by the~~
59-29	~~secretary of state. Ten (10) copies shall be distributed to each of the senators and representatives~~
59-30	~~of the general assembly; forty (40) copies shall be placed at the disposal of the governor; and the~~
59-31	~~remainder shall be placed in the hands of the secretary of state. There shall be appropriated in~~
59-32	~~each odd numbered year, an amount sufficient to cover the cost of printing and binding of the~~
59-33	~~manual.~~
59-34	SECTION 2. This article shall take effect upon passage.
60-1	ARTICLE 7
60-2	RELATING TO PERMITS FOR SALE OF BOTTLED WATER
60-3	SECTION 1. Section 44-44-2 of the General Laws in Chapter 44-44 entitled “Taxation
60-4	of Beverage Containers, Hard-to-Dispose Material and Litter Control Participation Permittee” is
60-5	hereby amended to read as follows:
60-6	44-44-2. Definitions. – As used in this chapter:
60-7	(1) "Beverage" means carbonated soft drinks, soda water, mineral water, bottled water,
60-8	and beer and other malt beverages.
60-9	(2) "Beverage container" means any sealable bottle, can, jar, or carton which contains a
60-10	beverage.
60-11	(3) "Beverage retailer" means any person who engages in the sale of a beverage container
60-12	to a consumer within the state of Rhode Island, including any operator of a vending machine.
60-13	(4) "Beverage wholesaler" means any person who engages in the sale of beverage
60-14	containers to beverage retailers in this state, including any brewer, manufacturer, or bottler who
60-15	engages in those sales.
60-16	(5) "Case" means:
60-17	(i) Forty-eight (48) beverage containers sold or offered for sale within this state when
60-18	each beverage container has a liquid capacity of seven (7) fluid ounces or less;
60-19	(ii) Twenty-four (24) beverage containers sold or offered for sale within this state when
60-20	each beverage container has a liquid capacity in excess of seven (7) fluid ounces but less than or
60-21	equal to sixteen and nine tenths (16.9) fluid ounces;
60-22	(iii) Twelve (12) beverage containers sold or offered for sale within this state when each
60-23	beverage container has a liquid capacity in excess of sixteen and nine tenths (16.9) fluid ounces
60-24	but less than thirty-three and nine tenths (33.9) fluid ounces; and
60-25	(iv) Six (6) beverage containers sold or offered for sale within this state when each
60-26	beverage container has a liquid capacity of thirty-three and nine tenths (33.9) fluid ounces or
60-27	more.
60-28	(6) A permit issued in accordance with § 44-44-3.1(1) is called a Class A permit.
60-29	(7) A permit issued in accordance with § 44-44-3.1(2) is called a Class B permit.
60-30	(8) A permit issued in accordance with § 44-44-3.1(3) is called a Class C permit.
60-31	(9) A permit issued in accordance with § 44-44-3.1(4) is called a Class D permit.
60-32	(10) A permit issued in accordance with § 44-44-3.1(5) is called a Class E permit.
60-33	(11) "Consumer" means any person who purchases a beverage in a beverage container for
60-34	use or consumption with no intent to resell that filled beverage container.
61-1	(12) "Gross receipts" means those receipts reported for each location to the tax
61-2	administrator included in the measure of tax imposed under chapter 18 of this title, as amended.
61-3	For those persons having multiple locations' receipts reported to the tax administrator the "gross
61-4	receipts" to be aggregated shall be determined by each individual sales tax permit number. The
61-5	term gross receipts shall be computed without deduction for retail sales of items in activities other
61-6	than those which this state is prohibited from taxing under the constitution of the United States.
61-7	(13) "Hard-to-dispose material" is as defined in § 37-15.1-3.
61-8	(14) "Hard-to-dispose material retailer" means any person who engages in the retail sale
61-9	of hard-to-dispose material (as defined in § 37-15.1-3) in this state.
61-10	(15) "Hard-to-dispose material wholesaler" means any person, wherever located, who
61-11	engages in the sale of hard-to-dispose material (as defined in § 37-15.1-3) to customers for sale in
61-12	this state (including manufacturers, refiners, and distributors and retailers), and to other persons
61-13	as defined above.
61-14	(16) "New vehicle" means any mode of transportation for which a certificate of title is
61-15	required pursuant to title 31 and for which a certificate of title has not been previously issued in
61-16	this state or any other state or country.
61-17	(17) "Organic solvent" is as defined in § 37-15.1-3.
61-18	(18) "Person" means any natural person, corporation, partnership, joint venture,
61-19	association, proprietorship, firm, or other business entity.
61-20	(19) "Prior calendar year" means the period beginning with January 1 and ending with
61-21	December 31 immediately preceding the permit application due date.
61-22	(20) "Qualifying activities" means selling or offering for retail sale food or beverages
61-23	for immediate consumption and/or packaged for sale on a take out or to go basis regardless of
61-24	whether or not the items are subsequently actually eaten on or off the vendor's premises.
61-25	(21) "Vending machine" means a self-contained automatic device that dispenses for
61-26	sale foods, beverages, or confection products.
61-27	SECTION 2. This article shall take effect as of July 1, 2008.
61-28	ARTICLE 8
61-29	RELATING TO TRANSPORTATION OF STUDENTS
61-30	SECTION 1. Sections 16-21.1-7 and 16-21.1-8 of the General Laws in Chapter 16-21.1
61-31	entitled
61-32	~~16-21.1-7 Statewide transportation of students with special needs. Notwithstanding the~~
61-33	~~regional structure created in this chapter, and pursuant to the obligation of school committees to~~
61-34	~~transport children with special needs to and from school either within the school district or in~~
62-1	~~another school district of the state created by § 16-24-4, the department of elementary and~~
62-2	~~secondary education, in collaboration with the office of statewide planning of the department of~~
62-3	~~administration, and the Rhode Island public transit authority shall develop a plan for the creation~~
62-4	~~and implementation of a statewide system of transportation of students with special needs to and~~
62-5	~~from school. The statewide school transportation system for children with special needs shall be~~
62-6	~~provided through a competitive request for proposals to which vendors of transportation services~~
62-7	~~may respond. Effective upon the implementation of this statewide system of transportation for~~
62-8	~~students with special needs, each school committee may purchase the transportation services for~~
62-9	~~their own resident students with special needs by accessing this integrated statewide system of~~
62-10	~~transportation for children with special needs on a fee-for-service basis for each child. The goals~~
62-11	~~of the statewide system of transportation for students with special needs shall be the reduction of~~
62-12	~~duplication of cost and routes in transporting children from the various cities and towns to the~~
62-13	~~same special education program providers using different buses from each city and town, the~~
62-14	~~improvement of services to children through the development of shorter ride times and more~~
62-15	~~efficient routes of travel, and the reduction of cost to local school committees through achieving~~
62-16	~~efficiency in eliminating the need for each school district to contract for and provide these~~
62-17	~~specialized transportation services separately. The department of elementary and secondary~~
62-18	~~education shall submit a report of their findings and plans to the general assembly by March 30,~~
62-19	~~2008.~~
62-20	~~16-21.1-8 Statewide transportation system for all students to be established. –~~
62-21	~~Notwithstanding the regional structure created in this chapter, the department of elementary and~~
62-22	~~secondary education, in collaboration with the office of statewide planning of the department of~~
62-23	~~administration, and the Rhode Island public transit authority shall conduct a comprehensive study~~
62-24	~~of all current transportation services for students in Rhode Island school districts in order to~~
62-25	~~develop a plan for the creation and implementation of a statewide system of transportation of all~~
62-26	~~students to and from school. The statewide school transportation system for all students shall be~~
62-27	~~provided through a competitive request for proposals to which vendors of transportation services~~
62-28	~~may respond. Effective upon the implementation of this statewide system of transportation for all~~
62-29	~~students, each school committee may purchase the transportation services for their own resident~~
62-30	~~students by accessing this integrated statewide system of transportation on a fee-for-service basis~~
62-31	~~for each child. The goals of the statewide system of transportation for all students shall be the~~
62-32	~~reduction of duplication of cost and routes in transporting children from the various cities and~~
62-33	~~towns using different buses within and between each city and town, the improvement of services~~
62-34	~~to children through the development of shorter ride times and more efficient routes of travel, and~~
63-1	~~the reduction of cost to local school committees through achieving efficiency in eliminating the~~
63-2	~~need for each school district to contract for and provide these transportation services separately.~~
63-3	~~The comprehensive study of all current transportation services for students in Rhode Island~~
63-4	~~school districts and development of a plan for a statewide system of transportation of all students~~
63-5	~~to and from school shall be completed, with a report to the general assembly by March 30, 2008.~~
63-6	SECTION 2. This article shall take effect upon passage.
63-7	ARTICLE 9
63-8	RELATING TO EDUCATION AID
63-9	SECTION 1. Section 16-7-40 of the General Laws in Chapter 16-7 entitled “Foundation
63-10	Level School Support” is hereby amended to read as follows:
63-11	16-7-40. Increased school housing ratio for regional schools – Energy conservation
63-12	~~Access for people with disabilities – Asbestos removal projects.~~ – (a) In the case of regional
63-13	school districts formed prior to June 30, 2008, the school housing aid ratio shall be increased by
63-14	two percent (2%) for each grade so consolidated. only for those school housing projects approved
63-15	prior to June 30, 2008. Beginning July 1, 2008, upon the creation of a regional school district, the
63-16	school housing aid ratio shall be increased by two percent (2%) for each grade so consolidated for
63-17	school housing projects occurring in the first five years following regionalization. To qualify for
63-18	the increased share ratio, as defined in § 16-7-39, renovation and repair projects must be
63-19	submitted for approval through the necessity of school construction process, pursuant to the
63-20	school construction regulations as promulgated by the board of regents for Elementary and
63-21	Secondary Education, prior to the end of the second full fiscal year following the regionalization
63-22	of the applicable districts.
63-23	(2) ~~Regional school districts undertaking renovation project(s)~~ For existing regional
63-24	school districts undertaking renovation project(s) that were approved prior to June 30, 2008, there
63-25	shall be ~~receive~~ an increased share ratio of four percent (4%) for those specific project(s) only, in
63-26	addition to the combined share ratio calculated in § 16-7-39 and this subsection.
63-27	(b) In the case of renovation projects undertaken by regionalized and/or non-
63-28	regionalized school districts specifically for the purposes of energy conservation, ~~access for~~
63-29	~~people with disabilities, and/or asbestos removal, the school housing aid share ratio shall be~~
63-30	~~increased by four percent (4%) for these specific projects only, in the calculation of school~~
63-31	~~housing aid. The increased share ratio shall continue to be applied for as log as the project(s)~~
63-32	~~receive state housing aid. In order to qualify for the increased share ratio, seventy-five percent~~
63-33	~~(75%) of the project costs must be specifically directed to either energy conservation, access for~~
63-34	~~people with disabilities, and/or asbestos removal or any combination of these projects. The board~~
64-1	~~of regents for elementary and secondary education shall promulgate rules and regulations for the~~
64-2	~~administration and operation of this section.~~ the school housing aid ratio shall be increased by two
64-3	percent (2%) from the level set forth in § 16-7-39 and this section for those projects that achieve
64-4	energy efficiency standards thirty percent (30%) above the Rhode Island Building Energy Code.
64-5	The school housing aid ratio shall be increased by three percent (3%) from the level set forth in §
64-6	16-7-39 and this section for those projects that achieve energy efficiency standards forty percent
64-7	(40%) above the Rhode Island Building Energy Code. The school housing aid ratio shall be
64-8	increased by four percent (4%) from the level set forth in § 16-7-39 and this section for those
64-9	projects that achieve energy efficiency standards fifty percent (50%) above the Rhode Island
64-10	Building Energy Code.
64-11	(c) Upon the transfer of ownership from the state to the respective cities and towns of the
64-12	regional career and technical center buildings located in Cranston, East Providence, Newport,
64-13	Providence, Warwick, Woonsocket and the Chariho regional school district, the school housing
64-14	aid share ratio shall be increased by four percent (4%) for the renovation and/or repair of these
64-15	buildings. To qualify for the increased share ratio, as defined in § 16-7-39, renovation and repair
64-16	projects must be submitted for approval through the necessity of school construction process prior
64-17	to the end of the second full fiscal year following the transfer of ownership and assumption of
64-18	local care and control of the building. Only projects at regional career and technical centers that
64-19	have full program approval from the department of elementary and secondary education shall be
64-20	eligible for the increased share ratio. The increased share ratio shall continue to be applied for as
64-21	long as the renovation and/or repair project receives school housing aid.
64-22	SECTION 2. Section 16-7.1-15 of the General Laws in Chapter 16-7.1 entitled “The
64-23	Rhode Island Student Investment Initiative” is hereby amended to read as follows:
64-24	16-7.1-15 The Rhode Island student investment initiative. – (a) Each locally or
64-25	regionally operated school district shall receive as a base the same amount of school aid as each
64-26	district received in fiscal year 1997-1998, adjusted to reflect the increases or decreases in aid
64-27	enacted to meet the minimum and maximum funding levels established for FY 2000 through FY
64-28	~~2007~~ 2008. Each school district shall also receive school aid through each investment fund for
64-29	which that district qualifies pursuant to §§ 16-7.1-8, 16-7.1-9, 16-7.1-10, 16-7.1-11, 16-7.1-12,
64-30	16-7.1-16 and 16-7.1-19. These sums shall be in addition to the base amount described in this
64-31	section. For FY ~~2008~~ 2009, the reference year for the data used in the calculation of aid pursuant
64-32	to § 16-7.1-8, § 16-7.1-9, § 16-7.1-10, § 16-7.1-11, § 16-7.1-11.1, § 16-7.1-12, § 16-7.1-16, §§
64-33	16-7.1-19 and 16-77.1-2(b) shall be FY 2004. Calculation and distribution of education aid under
64-34	§§ 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
65-1	hereby suspended. The funding of the purposes and activities of chapter 67 of this title, the Rhode
65-2	Island Literacy and Dropout Prevention Act of 1967, shall be the same amount of the base
65-3	amount of each district funded for that purpose in fiscal year 1997-1998. In addition each district
65-4	shall expend three percent (3%) of its student equity and early childhood funds under the
65-5	provisions of chapter 67 of this title.
65-6	(b) Funding for full day kindergarten programs in accordance with § 16-7.1-11.1 shall
65-7	be in addition to funding received under this section.
65-8	(c) Funding distributed under §§ 16-77.1-2(b) and 16-64-1.1 shall be in addition to
65-9	funding distributed under this section.
65-10	(d) There shall be an appropriation to ensure that total aid distributed to communities in
65-11	FY ~~2008~~ 2009 under this section and §§ 16-7.1-11.1, 16-64-1.1 and 16-77.1-2(b) shall be as
65-12	follows:
65-13	Barrington 2,599,526
65-14	Burrillville 13,854,743
65-15	Charlestown ~~2,002,832~~ 2,002,838
65-16	Coventry 20,075,081
65-17	Cranston ~~35,580,911~~ 35,475,911
65-18	Cumberland 13,257,009
65-19	East Greenwich 1,949,761
65-20	East Providence 26,888,254
65-21	Foster 1,416,463
65-22	Glocester 3,213,847
65-23	Hopkinton 6,241,352
65-24	Jamestown 531,908
65-25	Johnston ~~10,915,364~~ 10,750,364
65-26	Lincoln 7,403,268
65-27	Little Compton 368,810
65-28	Middletown 10,497,116
65-29	Narragansett 1,897,159
65-30	Newport 11,871,080
65-31	New Shoreham 106,345
65-32	North Kingstown 11,986,005
65-33	North Providence ~~13,262,872~~ 13,382,872
65-34	North Smithfield 4,834,237
66-1	Pawtucket 67,023,559
66-2	Portsmouth 6,700,042
66-3	Providence ~~194,109,756~~ 193,869,756
66-4	Richmond 6,188,615
66-5	Scituate 3,407,183
66-6	Smithfield 5,743,568
66-7	South Kingstown 10,548,698
66-8	Tiverton 5,932,058
66-9	Warwick 37,626,000
66-10	Westerly 6,843,077
66-11	West Warwick 20,440,547
66-12	Woonsocket ~~47,616,613~~ 47,421,613
66-13	Bristol-Warren ~~20,498,190~~ 20,438,190
66-14	Exeter-West Greenwich ~~7,661,019~~ 7,586,019
66-15	Chariho 398,334
66-16	Foster-Glocester 5,729,861
66-17	Central Falls ~~43,873,873~~ 45,187,735
66-18	This special provision shall not limit entitlements as determined by application of other
66-19	formula provisions in this section.
66-20	(e) Children with disabilities. (1) Based on its review of special education within the
66-21	context of Rhode Island school reform, the general assembly recommends addressing the needs of
66-22	all children and preventing disability through scientific research based, as described in the No
66-23	Child Left Behind Act of 2001, Title 1, Part B, Section 1208 [20 U.S.C. § 6368], reading
66-24	instruction and the development of Personal Literacy Programs for students in the early grades
66-25	performing below grade level in reading and implement a system of student accountability that
66-26	will enable the state to track individual students over time. Additionally, the department of
66-27	elementary and secondary education must provide districts with rigorous criteria and procedures
66-28	for identifying students with learning disabilities and speech/language impairments. Additional
66-29	study is required of factors that influence programming for students with low incidence
66-30	disabilities; those with disabilities that severely compromise life functions; and programming for
66-31	students with disabilities through urban special education. Alternatives for funding special
66-32	education require examination.
66-33	(2) All departments and agencies of the state shall furnish any advice and information,
66-34	documentary and otherwise, to the general assembly and its agents that is deemed necessary or
67-1	desirable by the study to facilitate the purposes of this section.
67-2	SECTION 3. This article shall take effect as of July 1, 2008.
67-3	ARTICLE 10
67-4	RELATING TO SUBSTANCE ABUSE PREVENTION ACT
67-5	SECTION 1. Sections 16-21.2-2, 16-21.2-4, and 16-21.2-5 of the General Laws in
67-6	Chapter 16-21.2 entitled “The Rhode Island Substance Abuse Prevention Act” are hereby
67-7	16-21.2-2. Declaration of purpose. – In recognition of the growing problem of
67-8	substance use and abuse ~~that~~ faced by municipalities and the state ~~face~~, the purpose of this
67-9	chapter is as follows:
67-10	~~(1) To promote the opportunity for municipalities to establish a comprehensive substance~~
67-11	~~abuse prevention program addressing the specific needs of each individual municipality.~~
67-12	~~(2)~~(1) To encourage the development of a partnership among municipal governments,
67-13	school systems, parents, businesses, religious organizations, legislators, and human service
67-14	providers to serve the interest of the community in addressing the need for a comprehensive
67-15	substance abuse prevention program.
67-16	/~~(3)~~(2) To promote a substance abuse prevention program in every community.
67-17	~~(4)~~ (3) To provide financial assistance for the planning, establishment, and operation of
67-18	substance abuse prevention programs.
67-19	~~(5) To encourage municipal governments, in cooperation with school systems and human~~
67-20	~~services organizations to jointly assess the extent of the substance abuse problem in their~~
67-21	~~community.~~
67-22	16-21.2-4. Substance abuse prevention program. -- ~~(a) The department of mental~~
67-23	~~health, retardation, and hospitals shall be charged with the administration of this chapter and shall~~
67-24	~~provide grants to assist in the planning, establishment, and operation of substance abuse~~
67-25	~~prevention programs. Grants under this section shall be made to municipal governments or their~~
67-26	~~designated agents according to the following guidelines:~~
67-27	~~(1) The maximum grant shall be one hundred twenty-five thousand dollars ($125,000);~~
67-28	~~provided, however, in the event that available funding exceeds $1.6 million in a fiscal year, those~~
67-29	~~surplus funds are to be divided proportionately among the cities and towns on a per capita basis~~
67-30	~~but in no event shall the city of Providence exceed a maximum grant cap of $175,000.00.~~
67-31	~~(2) In order to obtain a grant, the municipality or its designated agent must in the first~~
67-32	~~year:~~
67-33	~~(i) Demonstrate the municipality's need for a comprehensive substance abuse program in~~
67-34	~~the areas of prevention and education.~~
68-1	~~(ii) Demonstrate that the municipality has established by appropriate legislative or~~
68-2	~~executive action, a substance abuse prevention council which shall assist in assessing the needs~~
68-3	~~and resources of the community, developing a three (3) year plan of action addressing the~~
68-4	~~identified needs, the operation and implementation of the overall substance abuse prevention~~
68-5	~~program; coordinating existing services such as law enforcement, prevention, treatment, and~~
68-6	~~education; consisting of representatives of the municipal government, representatives of the~~
68-7	~~school system, parents, and human service providers.~~
68-8	~~(iii) Demonstrate the municipality's ability to develop a plan of implementation of a~~
68-9	~~comprehensive three (3) year substance abuse prevention program based on the specific needs of~~
68-10	~~the community to include high risk populations of adolescents, children of substance abusers, and~~
68-11	~~primary education school aged children.~~
68-12	~~(iv) Agree to conduct a survey/questionnaire of the student population designed to~~
68-13	~~establish the extent of the use and abuse of drugs and alcohol in students throughout the local~~
68-14	~~community's school population.~~
68-15	~~(v) Demonstrate that at least twenty percent (20%) of the cost of the proposed program~~
68-16	~~will be contributed either in cash or in-kind by public or private resources within the~~
68-17	~~municipality.~~
68-18	(a) The department of mental health, retardation, and hospitals shall be charged with the
68-19	administration of this chapter and shall provide grants to assist in the planning, establishment, and
68-20	operation of regional substance abuse prevention coalitions.
68-21	(b) Grants under this section shall be made to not-for-profit community organizations to
68-22	provide professional staff for each regional substance abuse prevention coalition.
68-23	(c) The members of each regional substance abuse prevention coalition shall serve as
68-24	volunteers and must represent at least the following leadership constituencies:
68-25	(i) chief elected officials of each municipality in the region
68-26	(ii) chief of police of each municipality in the region
68-27	(iii) superintendent of schools of each municipality in the region
68-28	(iiii) major business(es)
68-29	(iv) legislators
68-30	(v) major substance abuse prevention, intervention, and treatment providers
68-31	(vi) members of minority communities
68-32	(vii) religious organizations
68-33	(vii) the media
68-34	(d) The purpose of the regional substance abuse prevention coalitions shall be to develop
69-1	and coordinate services, and not to provide direct services to clients.
69-2	(e) The regional substance abuse prevention coalitions shall have the following “core
69-3	functions:”
69-4	(i) identify gaps in services along the continuum of care; including community
69-5	awareness, education, primary prevention, intervention and referral, and aftercare
69-6	(ii) develop an annual action plan to fill gaps in services and submit the plan to the
69-7	department of mental health, retardation, and hospitals
69-8	(iii) conduct fundraising activities to fill gaps identified in the annual action plan
69-9	(iv) conduct activities to implement the initiatives identified in the annual action plan
69-10	(v) conduct activities to promote visibility of the regional substance abuse prevention
69-11	coalition (but not to provide direct services)
69-12	(vi) conduct at least four (4) meetings per year
69-13	(vii) maintain regional substance abuse prevention coalition membership as described in
69-14	§ 16-21.2-4 (d), above.
69-15	(f) Regional substance abuse prevention coalitions shall be established for the following
69-16	areas of the state:
69-17	(i) Region I consisting of Washington County;
69-18	(ii) Region II consisting of Kent County;
69-19	(iii) Region III consisting of Providence County; and
69-20	(iv) Region IV consisting of Bristol and Newport Counties.
69-21	16-21.2-5. ~~Funding of substance abuse prevention program~~ Municipal substance
69-22	abuse prevention task forces. ~~– (a) Money to fund the Rhode Island Substance Abuse~~
69-23	~~Prevention Act shall be appropriated from state general revenues and shall be raised by assessing~~
69-24	~~an additional penalty of thirty dollars ($30.00) for all speeding violations as set forth in § 31-43-~~
69-25	~~5.1. The money shall be deposited as general revenues. The department of mental health,~~
69-26	~~retardation, and hospitals may utilize up to ten percent (10%) of the sums appropriated for the~~
69-27	~~purpose of administering the substance abuse prevention program.~~
69-28	~~(b) Grants made under this chapter shall not exceed money available in the substance~~
69-29	~~abuse prevention program.~~
69-30	(a) Grants under this section shall be made to municipal governments or their designated
69-31	agents according to the following guidelines:
69-32	(1) The department of mental health, retardation and hospitals shall establish and
69-33	administer a fund in the amount of one hundred fifty thousand dollars ($150,000) for municipal
69-34	substance abuse prevention task forces. This fund shall be used for a competitive grant program
70-1	for municipal substance abuse prevention task forces. Each grant awarded shall be for one year.
70-2	(2) The department of mental health, retardation, and hospitals shall establish guidelines
70-3	and criteria for the acceptance of grant applications and the disbursement of grants.
70-4	(3) The purposes of the municipal substance abuse prevention task force grant program
70-5	are:
70-6	(i) to identify gaps in services along the continuum of care; including community
70-7	awareness, education, primary prevention, intervention and referral, and aftercare
70-8	(ii) to develop an annual action plan to fill gaps in services and submit the plan to the
70-9	department of mental health, retardation, and hospitals
70-10	(iii) conduct fundraising activities to fill gaps identified in the annual action plan.
70-11	(4) Awards made under this section shall not be used to provide direct services to clients.
70-12	(5) The department of mental health, retardation, and hospitals shall adopt rules and
70-13	regulations necessary and appropriate to carry out the purposes of this section.
70-14	SECTION 2. Sections 16-21.2-3, 16-21.2-6, 16-21.2-7, 16-21.2-8, 16-21.2-9, and 16-
70-15	21.2-11 of the General Laws in Chapter 16-21.2 entitled “The Rhode Island Substance Abuse
70-16	Prevention Act” are hereby repealed.
70-17	~~16-21.2-3. Authority of municipal governments. – (a) All municipal governments or~~
70-18	~~their designated agents shall have the power to establish, operate, conduct, and/or make provision~~
70-19	~~for programs to provide a comprehensive substance abuse prevention program.~~
70-20	~~(b) The appropriate municipal authority shall adopt rules and regulations governing the~~
70-21	~~substance abuse prevention program including an application and contracting procedure by which~~
70-22	~~qualified groups may apply to operate a substance abuse prevention program.~~
70-23	~~(c) Substance abuse prevention programs shall comply with all applicable provisions of~~
70-24	~~the general laws with all applicable state rules and regulations.~~
70-25	~~16-21.2-6 Timetable for grant applications and disbursement. – The department of~~
70-26	~~mental health, retardation, and hospitals shall establish guidelines and criteria for the acceptance~~
70-27	~~of grant applications and the disbursement of grants.~~
70-28	~~16-21.2-7 Use of funds restricted to substance abuse prevention. – All funds awarded to~~
70-29	~~municipal governments under the provisions of this chapter shall be held in a separate account~~
70-30	~~and not placed in the municipal government's general fund and shall only be used in furtherance~~
70-31	~~of this chapter.~~
70-32	~~16-21.2-8 The duties of the director of the department of mental health, retardation, and~~
70-33	~~hospitals. – The director of the department of mental health, retardation, and hospitals or his or~~
70-34	~~her designated agent shall make an annual report by September 1 of each year to the governor and~~
71-1	~~the general assembly on the administration of the program.~~
71-2	~~16-21.2-9 Permanent legislative oversight commission on substance abuse prevention. –~~
71-3	~~There is established a permanent legislative oversight commission on substance abuse prevention~~
71-4	~~whose purpose it shall be to oversee the implementation and administration of the Rhode Island~~
71-5	~~Substance Abuse Prevention Act and to advise and make recommendations to the general~~
71-6	~~assembly as to the adequacy and efficiency of all statutes, rules, regulations, guidelines, practices,~~
71-7	~~and programs relating to substance abuse prevention. The commission shall consist of twelve (12)~~
71-8	~~members: five (5) members shall be appointed by the speaker of the house of representatives~~
71-9	~~from among the members of the house of representatives, not more than four (4) of whom shall~~
71-10	~~be from the same political party; three (3) members shall be appointed by the president of the~~
71-11	~~senate from among the members of the senate, not more than two (2) of whom shall be from the~~
71-12	~~same political party; and one member (ex officio) shall be the director of the department of~~
71-13	~~mental health, retardation, and hospitals and one member (ex officio) shall be the director of the~~
71-14	~~department of health or designee; and a Rhode Island Substance Abuse Prevention Act task force~~
71-15	~~member to be appointed by the chairperson of the commission; and a public member appointed~~
71-16	~~by the chairperson of the commission. The chairperson of the commission shall be appointed by~~
71-17	~~the speaker of the house of representatives. Members of the commission shall serve without~~
71-18	~~compensation, except that they shall be allowed their actual and necessary expenses incurred in~~
71-19	~~the performance of their duties under this section. The commission may request and shall receive~~
71-20	~~from any instrumentality of the state, including the division of substance abuse of the department~~
71-21	~~of mental health, retardation, and hospitals and from any municipality or any instrumentality of a~~
71-22	~~municipality, any information and assistance that it deems necessary for the proper execution of~~
71-23	~~its powers and duties under this section. The commission shall meet at least quarterly and shall~~
71-24	~~report at least annually to the general assembly on its findings and recommendations with respect~~
71-25	~~to:~~
71-26	~~(1) All existing substance abuse prevention programs;~~
71-27	~~(2) All rules, regulations, and guidelines promulgated pursuant to the Rhode Island~~
71-28	~~Substance Abuse Prevention Act;~~
71-29	~~(3) Administration of the Rhode Island Substance Abuse Prevention Act; and~~
71-30	~~(4) Any other matters relating to substance abuse prevention efforts in the state.~~
71-31	~~16-21.2-11 Devices prohibited. –(a) Any student enrolled in any secondary or~~
71-32	~~elementary school shall be prohibited from carrying, possessing or using a paging device of any~~
71-33	~~kind or a laser pointer of any kind on school property, except with the written consent of the~~
71-34	~~principal of the school in which the student is enrolled.~~
72-1	~~(b) The penalty for violation of this section shall be the confiscation of the device.~~
72-2	SECTION 3. This article shall take effect as of July 1, 2008.
72-3	ARTICLE 11
72-4	RELATING TO HEALTH PROFESSIONS – LICENSED
72-5	CHEMICAL DEPENDENCY PROFESSIONALS
72-6	SECTION 1. Sections 5-69-2, 5-69-3, 5-69-4, 5-69-5, 5-69-6, 5-69-7, 5-69-8, 5-69-9, 5-
72-7	69-11, 5-69-13 and 5-69-14 of the General Laws in Chapter 5-69 entitled “Rhode Island
72-8	Chemical Dependency Professionals Act” are hereby amended to read as follows:
72-9	5-69-2. Definitions. – As used in this chapter:
72-10	(1) “ACDP” means an advanced chemical dependency professional certification as per
72-11	the Rhode Island Board for certification of chemical dependency professionals requirements.
72-12	(2) “ACDP II” means an advanced chemical dependency professional II certification as
72-13	per the International Certification and Reciprocity Consortium/Alcohol and Other Drug Abuse.
72-14	“ICRC/AODA”.
72-15	~~(2)~~(3)“Advertise” includes, but is not limited to, the issuing or causing to be distributed
72-16	and card, sign, or device to any person; or the causing, permitting, or allowing any sign or
72-17	marking on or in any building or structure, or in any newspaper or magazine or in any directory,
72-18	or on radio, television, or by the use of any other means designed to secure public attention.
72-19	~~(3)~~(4)“Approved continuing education” means research and training programs, colleges
72-20	and university courses, in-service training programs, seminars and conferences designed to
72-21	maintain and enhance the skills of substance abuse counselors or clinical supervisors and which
72-22	are recognized by the ~~Certification Board.~~ ICRC/AODA member board.
72-23	~~(4)~~(5)“CDCS” means Chemical Dependency Clinical Supervisor.
72-24	~~(5) “Certification Board” means the current Rhode Island Board of certification of~~
72-25	~~chemical dependency professionals.~~
72-26	(6) “Clergy” includes any minister, priest, rabbi, Christian Science practitioner, or any
72-27	other similar religious counselor.
72-28	(7) “Continuum of care network” means public and private substance abuse care agencies
72-29	such as detoxification centers, emergency rooms, hospitals, treatment centers, ~~TASC,~~ outpatient
72-30	and day treatment clinics, and community residences for substance abusers. This service employs
72-31	or refers to medical, psychological, health, and counseling professions that treat substance and
72-32	related concerns.
72-33	(8) “Department” means the Rhode Island department of ~~mental health, retardation, and~~
72-34	~~hospitals~~ health.
73-1	(9) “Director” means the director of the Rhode Island department of ~~mental health,~~
73-2	~~retardation and hospitals~~ health.
73-3	(10) “Documented professional work experience” means ~~a certification~~ the ICRC/AODA
73-4	member board approved form completed by employer or approved supervisor verifying dates of
73-5	employment and responsibilities.
73-6	(11) “Experience” means six thousand (6,000) hours of supervised practice of chemical
73-7	dependency counseling in a ~~division of substance abuse services or~~ department of mental health,
73-8	retardation, and hospitals licensed or ~~certification~~ ICRC/AODA member board approved facility
73-9	during a sixty (60) month period of time immediately preceding the date of application for
73-10	licensure.
73-11	(12) “ICRC/AODA” means International Certification and Reciprocity
73-12	Consortium/Alcohol and Other Drug Abuse.
73-13	~~(12)~~(13) “Licensed Chemical Dependency Clinical Supervisor” means an individual
73-14	licensed by the ~~licensing board~~ department of health to practice and supervise substance abuse
73-15	counseling and who meets the qualification established in this section.
73-16	~~(13)~~(14) “Licensed chemical dependency professional” means an individual licensed by
73-17	the department of health ~~licensing board~~ to practice substance abuse counseling and who meets
73-18	the qualifications established in this section
73-19	~~(14)~~(15) “Licensing Board” or “Board” means the board of licensing for chemical
73-20	dependency professionals.
73-21	(16) “Member Board” means the Rhode Island Board for Certification of Chemical
73-22	Dependency Professionals.
73-23	~~(15)~~(17) “Practice of substance abuse counseling” means rendering or offering to render
73-24	professional service for any fee, monetary or otherwise, documented to individuals, families or
73-25	groups. Those professional services include the application of the ICRC/AODA specific
73-26	knowledge, skills, counseling theory, and application of techniques to define goals and develop a
73-27	treatment plan of action aimed toward the prevention, education, or treatment in the recovery
73-28	process of substance abuse within the continuum of care service network. The practice further
73-29	includes, but is not limited to, networking and making referrals to medical, social services,
73-30	psychological, psychiatric, and/or legal resources when indicated.
73-31	~~(16)~~(18) “Recognized Education Institution” means any educational institution, which
73-32	grants an associate, bachelors, masters, or doctoral degree and which is recognized by the board,
73-33	or by a nationally or regionally recognized educational or professional accrediting organization.
73-34	~~(17)~~(19) “Substance abuse” means addictive (chronic and habitual) consumption,
74-1	injection, inhalation, or psychological, physical, social, economical, and/or spiritual functioning.
74-2	~~(18)~~(20) “Supervision” means no less than one hour per week and consists of individual
74-3	or group supervision with a clinician licensed or certified in substance abuse counseling with
74-4	education, supervisory experience and ethics approved by the ~~Board~~ ICRC/AODA member.
74-5	5-69-3. Title and practice regulation.-- (a) Any individual licensed under this chapter
74-6	may use the title “licensed chemical dependency professional” and the abbreviation “LCDP” or
74-7	the title “licensed chemical dependency clinical supervisor” and the abbreviation “LCDCS”
74-8	provided that the title and abbreviation shall correspond to the license held pursuant to this
74-9	chapter.
74-10	(b) No Individual shall represent herself or himself as a “licensed chemical dependency
74-11	professional”, “LCDP” “licensed chemical dependency clinical supervisor”, “LCDCS” unless she
74-12	or he is licensed as a “licensed chemical dependency professional” or “licensed chemical
74-13	dependency clinical supervisor” pursuant to this chapter and provided that the title and
74-14	abbreviation shall correspond to the licensed help pursuant to this chapter.
74-15	(c) Those ~~currently hold in~~ presently holding the title “advanced chemical dependency
74-16	professional”, advanced chemical dependency professional II and/or “licensed chemical
74-17	dependency clinical supervisor” shall qualify for licensure as a “licensed chemical dependency
74-18	professional” and/or “licensed chemical dependency clinical supervisor”. These applications
74-19	must be received within ninety (90) days of the effective date of this chapter. The regular
74-20	licensing fee of fifty dollars ($50.00) shall apply.
74-21	5-69-4. Licensed chemical dependency professional/licensed chemical dependency
74-22	supervisor privilege exemptions. – (a) No license under this chapter or an employee of a
74-23	licensee may disclose any information acquired from clients or persons consulting with the
74-24	licensee to render professional services except under provisions of the federal regulation 42 CFR
74-25	part 2.
74-26	(b) The provisions of this chapter do not apply to the following individuals:
74-27	(1) Qualified members of other professions or occupations engaging in practices similar
74-28	in nature to chemical dependency counseling; provided, that they are authorized by the laws of
74-29	this state to engage in these practices, do not represent themselves as “licensed chemical
74-30	dependency professionals” or “licensed chemical dependency clinical supervisor”;
74-31	(2) Students/counselors engaged in entry level internships in a department of mental
74-32	health, retardation and hospitals licensed or an ICRC/AODA member ~~certification~~ board
74-33	approved facility; provided that the student/counselor are practicing as part of supervised work or
74-34	course of study and designated by the titles as “counselor intern,” “counselor,” or “chemical
75-1	dependency professional student” or others clearly indicating training status;
75-2	(3) Nothing in this section shall be construed to prevent members of the clergy, peer
75-3	group, or self-help groups from performing peer counseling or self-help activities which may be,
75-4	wholly or in part, included as a defined professional service as cited in 5-69-2; provided, that no
75-5	members of peer group or self-help groups may use a title stating or implying that they are a
75-6	licensed chemical dependency professional or a licensed chemical dependency clinical supervisor
75-7	unless licensed under the provisions of this chapter
75-8	5-69-5. Agency Powers. - The department shall promulgate rules and regulations that
75-9	are reasonably necessary for the administration of this chapter and to further its purpose. The
75-10	department shall, on recommendation of the licensing board of ~~chemical dependency~~
75-11	~~professionals~~, issue licenses to those qualified under this chapter. The director of the department
75-12	of health may issue additional levels of licensing that may be developed, approved, or adopted by
75-13	both the licensing board and the ICRC/AODA member board.
75-14	5-69-6. Licensing board. – (a) Within the department there shall be established a board
75-15	of licensing for chemical dependency professionals. The governor shall appoint a licensing board
75-16	consisting of ~~nine (9)~~ seven (7) members.
75-17	(b) Of the ~~nine (9)~~ seven (7) licensing board members, ~~six~~ three shall be licensed under
75-18	this chapter, ~~except that the members constituting the first licensing board shall be persons~~
75-19	~~eligible for licensing~~;
75-20	(2) Licensing board members shall be:
75-21	(i) ~~Three (3) members selected from and representing the general public. At least one~~
75-22	~~member shall be a consumer of substance abuse counseling services, and one shall be from a~~
75-23	~~minority group as defined by the federal Department of Health, Education, and Welfare.~~ Two (2)
75-24	members appointed by the governor shall be representatives of groups that reflect demographics
75-25	of person(s) served;
75-26	(ii) ~~Four (4)~~ Three (3) members shall represent the licensed professionals appointed by
75-27	the director of health :. ~~two (2) shall be licensed chemical dependency professionals and two (2)~~
75-28	~~members shall be licensed chemical dependency clinical supervisors.~~
75-29	(iii) One ~~licensed~~ member shall be ~~a voting member of~~ an active member or administrator
75-30	of the Rhode Island ~~Association of Alcohol and Drug Abuse Counselors.~~ board for certification
75-31	of chemical dependency professionals appointed by the director of health;
75-32	(iv) ~~One licensed member shall be an active member of the Drug and Alcohol Treatment~~
75-33	~~Association of Rhode Island~~ One member shall be a consumer advocate from an established
75-34	substance abuse recovery consumer advocacy group appointed by the director of health.
76-1	(3) Licensing board members shall serve without compensation.
76-2	(4) Each licensing board member shall take and subscribe to the oath of affirmation
76-3	prescribed by law and shall file this oath in the office of the secretary of state.
76-4	(5) The term of office shall be three (3) years, except that of the members of the first
76-5	licensing board. Three (3) shall be appointed for a term of one year, three (3) for a term of two (2)
76-6	years, three (3) for a term of three (3) years. At least one member representing the general public,
76-7	and one member representing a minority group, as defined by the federal Department of Health,
76-8	Education, and Welfare, shall be appointed for the initial term of three (3) full years. Successors
76-9	to these licensing board positions shall be appointed for a term of three (3) years each, except that
76-10	any person appointed to fill a vacancy shall be for the unexpired term of office. Upon expiration
76-11	of the term of office, a member shall continue to serve until a successor is appointed and
76-12	qualified. No person shall be appointed for more than two (2) consecutive three (3) year terms.
76-13	(6) The governor may remove any member of the licensing board for neglect of duty,
76-14	malfeasance, conviction of a felony or a crime of moral turpitude while in office or for lack of
76-15	attendance/participation in board meetings. No licensing board member shall participate in any
76-16	matter before the licensing board in which pecuniary interest, personal bias, or other similar
76-17	conflicts of interests is established.
76-18	5-69-7. Powers and duties of the licensing board.— (a) The organization, meeting, and
76-19	management of the licensing board shall be established by regulations promulgated by the
76-20	department of ~~mental health, retardation and hospitals~~ health.
76-21	(b) In addition to duties set forth in this chapter, the licensing board shall:
76-22	(1) Examine and pass on the qualifications of all applicants identified by the
76-23	ICRC/AODA member board that all standards have been successfully completed for licensure
76-24	under this chapter, and recommend to the director that a license shall be issues to each qualified
76-25	successful applicant, attesting to the applicant’s professional qualification to practice as a
76-26	“licensed chemical dependency professional” or a “licensed chemical dependency clinical
76-27	supervisor”;
76-28	(2) Recommend that the director of adopt rules and regulations that set ICRC/AODA
76-29	professional practice standards for licensed chemical dependency professionals and licensed
76-30	chemical dependency clinical supervisors;
76-31	(3) Recommend modifications or amendments deemed necessary to effectuate its
76-32	purpose;
76-33	(4) Be responsible for making recommendations to the director concerning all
76-34	disciplinary functions carried out regarding all license under this chapter;
77-1	(5) Have any other powers required to carry out the provision of this chapter.
77-2	5-69-8. Licenses. - (a) The Department shall issue the appropriate license to applicants
77-3	who meet the qualifications of the license as specified:
77-4	(1)“Licensed chemical dependency professional”. Any individual desiring to obtain a
77-5	license as a licensed chemical dependency professional shall be currently certified as an advanced
77-6	chemical dependency professional or advanced chemical dependency professional II in accord
77-7	with the ~~Rhode Island certification board for chemical dependency professionals specified~~
77-8	~~requirements~~ ICRC/AODA member board standards, as a prerequisite for submitting the
77-9	application to the licensing board.
77-10	(2)“Licensed chemical dependency clinical supervisor”. Any individual desiring to
77-11	obtain a license as a licensed chemical dependency clinical supervisor shall be currently certified
77-12	as an advanced chemical dependency professional or advanced chemical dependency professional
77-13	II, shall have completed the ~~current Rhode Island certification board requirements~~ ICRC/AODA
77-14	member board standards for chemical dependency clinical supervisor, and shall submit an
77-15	application to the licensing board.
77-16	(3) Other. An applicant having a comparable license, certification, or reciprocity within
77-17	Rhode Island or from another state or territory of the United States that imposes qualifications
77-18	substantially similar to those of this chapter, as determined by the licensing board.
77-19	(b) In addition to the qualifications listed in this section, an applicant for any of these
77-20	titles must prove to the licensing board’s satisfaction:
77-21	(1) Good moral character that is a continuing requirement for licensure;
77-22	(2) United States citizenship or status as a legal resident alien;
77-23	(3) Absence of a sanction from the National Association of Alcohol and Drug Abuse
77-24	Counselors, or ~~Rhode Island board for certification of chemical dependency professionals~~
77-25	ICRC/AODA member board sanction for violation of the code of ethics, or other related state
77-26	board which will be waived by the board upon presentation of satisfactory evidence that the
77-27	sanction does not impair the ability of the person to conduct with safety to the public the practice
77-28	authorized by this license. The applicant shall bear the burden of proving that his or her sanction
77-29	does not impair his or her ability to conduct with safety to the public the practice authorized by
77-30	this license;
77-31	(4) Absence of conviction of a felony, which shall be waived by the board upon
77-32	presentation of satisfactory evidence that the conviction does not impair the ability of the person
77-33	to conduct with safety to the public the practice authorized by this license. The applicant shall
77-34	bear the burden of proving that his or her conviction does not impair his or her ability to conduct
78-1	with safety to the public the practice authorized by this license;
78-2	(5) That the applicant has not been declared mentally incompetent by any court, and if
78-3	decree has ever been rendered, that there has been a subsequent court determination that the
78-4	applicant is competent; and
78-5	(6) Freedom from use of any controlled substance or any alcoholic beverage to the extent
78-6	that the use impairs the ability of the person to conduct with safety to the public the practice
78-7	authorized by this license. The applicant shall bear the burden of proving that he or she is free
78-8	from use of any controlled substance or any alcoholic beverages that impair his or her ability to
78-9	conduct with safety to the public the practice authorized by this license.
78-10	5-69-9. Fees and renewal. -- The non-refundable application fee for licensure shall be
78-11	fifty dollars ($50.00). Licenses shall be renewed every two (2) years on October first of even
78-12	numbered years upon payment of a fee of fifty ($50.00) dollars, ~~and~~ compliance with
78-13	ICRC/AODA member board requirements, and compliance with any additional requirements that
78-14	the licensing board may promulgate. The requirements may include the establishment of
78-15	standards for continuing education.
78-16	5-69-10. Complaints. --All complaints concerning a licensee’s business or professional
78-17	practice shall be received by the department of ~~mental health, retardation and hospitals~~ health.
78-18	Each complaint received shall be logged, recording at a minimum the following information:
78-19	(1) Licensee’s name;
78-20	(2) Name of the complaining party;
78-21	(3) Date of complaint;
78-22	(4) Brief statement of complaint; and
78-23	(5) Disposition.
78-24	5-69-11. Disciplinary sanctions.—(a) The Licensing board may recommend that the
78-25	director impose any of the following sanctions, singly or in combination, when it finds that a
78-26	licensee is guilty of any offenses described in this section:
78-27	(1) Revocation of the license;
78-28	(2) Suspension of the license for any period of time;
78-29	(3) Censure of the licensee;
78-30	(4) Issue a letter of reprimand;
78-31	(5) Place a licensee on probation status and require the licensee to submit to any of the
78-32	following:
78-33	(i) Report regularly to the licensing board upon matters that are he basis of probation;
78-34	(ii) Continue to renew professional education until a satisfactory degree of skill has been
79-1	attached in those areas that are the basis of probation;
79-2	(iii) Attend employee assistance counseling services.
79-3	(6) Refuse to renew a license;
79-4	(7) Revoke probation which was granted and impose any other discipline provided in this
79-5	section when the requirements of probation are not fulfilled or have been violated.
79-6	(b) The director may reinstate any licensee to good standing under this chapter, if after a
79-7	hearing the department of ~~mental health, retardation and hospitals~~ health is satisfied that the
79-8	applicant’s renewed practice is in the public interest.
79-9	(c) Upon the suspension or revocation of a license issued under this chapter, a licensee
79-10	shall be required to surrender the license to the director and upon failure to do so, the director
79-11	shall have the right to seize the license.
79-12	(d) The director may make available annually a list of names and addresses of all
79-13	licensees under the provisions of this chapter, and of all persons who have been disciplined within
79-14	the preceding twelve (12) months.
79-15	(e) Any persons convicted of violating the provisions of this chapter shall be guilty of a
79-16	misdemeanor, punishable by a fine of not more than five hundred dollars($500), imprisonment
79-17	for not more than one year, or both.
79-18	5-69-14. Restricted receipt account. -- Any fees collected under the provision of this
79-19	chapter shall be deposited in a restricted receipt account for the general purposes of the
79-20	administration of the ~~division of substance abuse services~~, department of ~~mental health,~~
79-21	~~retardation and hospitals~~ health.
79-22	SECTION 2. This article shall take effect as of July 1, 2008.
79-23	ARTICLE 12
79-24	RELATING TO TREATMENT ALTERNATIVES TO
79-25	STREET CRIME PROGRAM
79-26	SECTION 1. Section 5-69-2 of the General Laws in Chapter 5-69 entitled “License
79-27	Procedure for Chemical Dependency Professionals” is hereby amended to read as follows:
79-28	5-69-2. Definitions. – As used in this chapter:
79-29	(1) "ACDP" means an advanced chemical dependency professional certification as per
79-30	the Rhode Island board for certification of chemical dependency professionals requirements.
79-31	(2) "Advertise" includes, but is not limited to, the issuing or causing to be distributed any
79-32	card, sign, or device to any person; or the causing, permitting, or allowing any sign or marking on
79-33	or in any building or structure, or in any newspaper or magazine or in any directory, or on radio
79-34	or television, or by the use of any other means designed to secure public attention.
80-1	(3) "Approved continuing education" means research and training programs, college and
80-2	university courses, in-service training programs, seminars and conferences designed to maintain
80-3	and enhance the skills of substance abuse counselors or clinical supervisors and which are
80-4	recognized by the certification board.
80-5	(4) "CDCS" means chemical dependency clinical supervisor as per the Rhode Island
80-6	board for certification of chemical dependency professionals requirements.
80-7	(5) "Certification board" means the current Rhode Island board of certification of
80-8	chemical dependency professionals.
80-9	(6) "Clergy" includes any minister, priest, rabbi, Christian Science practitioner, or any
80-10	other similar religious counselor.
80-11	(7) "Continuum of care network" means public and private substance abuse care agencies
80-12	such as detoxification centers, emergency rooms, hospitals, treatment centers, ~~TASC,~~ outpatient
80-13	and day treatment clinics, and community residences for substance abusers. The services employ
80-14	or refer to medical, psychological, health, and counseling professions that treat substance abuse
80-15	and related concerns.
80-16	(8) "Department" means the Rhode Island department of mental health, retardation, and
80-17	hospitals.
80-18	(9) "Director" means the director of the Rhode Island department of mental health,
80-19	retardation, and hospitals.
80-20	(10) "Documented professional work experience" means a certification board approved
80-21	form completed by employer or approved supervisor verifying dates of employment and
80-22	responsibilities.
80-23	(11) "Experience" means six thousand (6,000) hours of supervised practice of chemical
80-24	dependency counseling in a division of substance abuse services or department of mental health,
80-25	retardation, and hospitals licensed or certification board approved facility during a sixty (60)
80-26	month period of time immediately preceding the date of application for licensure.
80-27	(12) "Licensed chemical dependency clinical supervisor" means an individual licensed by
80-28	the licensing board to practice and supervise substance abuse counseling and who meets the
80-29	qualification established in this section.
80-30	(13) "Licensed chemical dependency professional" means an individual licensed by the
80-31	licensing board to practice substance abuse counseling and who meets the qualifications
80-32	established in this section.
80-33	(14) "Licensing board" or "board" means the board of licensing for chemical dependency
80-34	professionals.
81-1	(15) "Practice of substance abuse counseling" means rendering or offering to render
81-2	professional service for any fee, monetary or otherwise, documented to individuals, families or
81-3	groups. Those professional services include the application of the specific knowledge, skills,
81-4	counseling theory, and application of techniques to define goals and develop a treatment plan of
81-5	action aimed toward the prevention, education, or treatment in the recovery process of substance
81-6	abuse within the continuum of care service network. The practice further includes, but is not
81-7	limited to, networking and making referrals to medical, social services, psychological,
81-8	psychiatric, and/or legal resources when indicated.
81-9	(16) "Recognized education institution" means any educational institution, which grants
81-10	an associate, bachelor, masters, or doctoral degree and which is recognized by the board, or by a
81-11	nationally or regionally recognized educational or professional accrediting organization.
81-12	(17) "Substance abuse" means addictive (chronic or habitual) consumption, injection,
81-13	inhalation, or behavior of/with substance (such as alcohol and drugs), progressively injuring and
81-14	afflicting the user's psychological, physical, social, economical, and/or spiritual functioning.
81-15	(18) "Supervision" means no less than one hour per week and consists of individual or
81-16	group supervision with a clinician licensed or certified in substance abuse counseling with
81-17	education, supervisory experience, and ethics approved by the board.
81-18	SECTION 2. Section 21-28-4.01 of the General Laws in Chapter 21-28 entitled
81-19	“Uniform Controlled Substances Act” is hereby amended to read as follows:
81-20	21-28-4.01. Prohibited acts A – Penalties. – (a) Except as authorized by this chapter, it
81-21	shall be unlawful for any person to manufacture, deliver, or possess with intent to manufacture or
81-22	deliver a controlled substance.
81-23	(2) Any person who is not a drug addicted person, as defined in § 21-28-1.02(18), who
81-24	violates this subsection with respect to a controlled substance classified in schedule I or II, except
81-25	the substance classified as marijuana, is guilty of a crime and upon conviction may be imprisoned
81-26	to a term up to life, or fined not more than five hundred thousand dollars ($500,000) nor less than
81-27	ten thousand dollars ($10,000), or both.
81-28	(3) Where the deliverance as prohibited in this subsection shall be the proximate cause of
81-29	death to the person to whom the controlled substance is delivered, it shall not be a defense that
81-30	the person delivering the substance was at the time of delivery, a drug addicted person as defined
81-31	in § 21-28-1.02(18).
81-32	(4) Any person, except as provided for in subdivision (2) of this subsection, who violates
81-33	this subsection with respect to:
81-34	(i) A controlled substance classified in schedule I or II, is guilty of a crime and upon
82-1	conviction may be imprisoned for not more than thirty (30) years, or fined not more than one
82-2	hundred thousand dollars ($100,000) nor less than three thousand dollars ($3,000), or both;
82-3	(ii) A controlled substance classified in schedule III or IV, is guilty of a crime and upon
82-4	conviction may be imprisoned for not more than twenty (20) years, or fined not more than forty
82-5	thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in
82-6	schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not
82-7	more than twenty thousand dollars ($20,000), or both.
82-8	(iii) A controlled substance classified in schedule V, is guilty of a crime and upon
82-9	conviction may be imprisoned for not more than one year, or fined not more than ten thousand
82-10	dollars ($10,000), or both.
82-11	(b) Except as authorized by this chapter, it is unlawful for any person to create, deliver, or
82-12	possess with intent to deliver, a counterfeit substance.
82-13	(2) Any person who violates this subsection with respect to:
82-14	(i) A counterfeit substance classified in schedule I or II, is guilty of a crime and upon
82-15	conviction may be imprisoned for not more than thirty (30) years, or fined not more than one
82-16	hundred thousand dollars ($100,000), or both;
82-17	(ii) A counterfeit substance classified in schedule III or IV, is guilty of a crime and upon
82-18	conviction may be imprisoned for not more than twenty (20) years, or fined not more than forty
82-19	thousand dollars ($40,000), or both; provided, with respect to a controlled substance classified in
82-20	schedule III(d), upon conviction may be imprisoned for not more than five (5) years, or fined not
82-21	more than twenty thousand dollars ($20,000) or both.
82-22	(iii) A counterfeit substance classified in schedule V, is guilty of a crime and upon
82-23	conviction may be imprisoned for not more than one year, or fined not more than ten thousand
82-24	dollars ($10,000), or both.
82-25	(c) It shall be unlawful for any person knowingly or intentionally to possess a controlled
82-26	substance, unless the substance was obtained directly from or pursuant to a valid prescription or
82-27	order of a practitioner while acting in the course of his or her professional practice, or except as
82-28	otherwise authorized by this chapter.
82-29	(2) Any person who violates this subsection with respect to:
82-30	(i) A controlled substance classified in schedules I, II and III, IV, and V, except the
82-31	substance classified as marijuana, is guilty of a crime and upon conviction may be imprisoned for
82-32	not more than three (3) years or fined not less than five hundred dollars ($500) nor more than five
82-33	thousand dollars ($5,000), or both;
82-34	(ii) A controlled substance classified in schedule I as marijuana is guilty of a
83-1	misdemeanor and upon conviction may be imprisoned for not more than one year or fined not less
83-2	than two hundred dollars ($200) nor more than five hundred dollars ($500), or both.
83-3	(3) Additionally every person convicted or who pleads nolo contendere under paragraph
83-4	(2)(i) of this subsection or convicted or who pleads nolo contendere a second or subsequent time
83-5	under paragraph (2)(ii) of this subsection, who is not sentenced to a term of imprisonment to
83-6	serve for the offense, shall be required to:
83-7	(i) Perform no less than one hundred (100) hours of community service;
83-8	~~(ii) Be referred to Treatment Alternatives to Street Crime (TASC) to determine the~~
83-9	~~existence of problems of drug abuse. Should TASC determine the person needs treatment, it will~~
83-10	~~arrange for the treatment to be provided and after completion of the treatment, the person shall~~
83-11	~~perform his or her required community service and attend the drug education program;~~
83-12	(iii) Attend and complete a drug counseling and education program as prescribed by the
83-13	director of the department of health and pay the sum of four hundred dollars ($400) to help defray
83-14	the costs of this program which shall be deposited as general revenues. Failure to attend may
83-15	result after hearing by the court in jail sentence up to one year;
83-16	(iv) The court shall not suspend any part or all of the imposition of the fee required by
83-17	this subsection, unless the court finds an inability to pay;
83-18	(v) If the offense involves the use of any automobile to transport the substance or the
83-19	substance is found within an automobile, then a person convicted or who pleads nolo contendere
83-20	under paragraphs (2)(i) and (ii) of this subsection shall be subject to a loss of license for a period
83-21	of six (6) months for a first offense and one year for each offense after this.
83-22	(4) All fees assessed and collected pursuant to paragraph (3)(iii) of this subsection shall
83-23	be deposited as general revenues and shall be collected from the person convicted or who pleads
83-24	nolo contendere before any other fines authorized by this chapter.
83-25	(d) It shall be unlawful for any person to manufacture, distribute, or possess with intent to
83-26	manufacture or distribute, an imitation controlled substance. Any person who violates this
83-27	subsection is guilty of a crime, and upon conviction shall be subject to the same term of
83-28	imprisonment and/or fine as provided by this chapter for the manufacture or distribution of the
83-29	controlled substance which the particular imitation controlled substance forming the basis of the
83-30	prosecution was designed to resemble and/or represented to be; but in no case shall the
83-31	imprisonment be for more than five (5) years nor the fine for more than twenty thousand dollars
83-32	($20,000).
83-33	(e) It shall be unlawful for a practitioner to prescribe, order, distribute, supply, or sell an
83-34	anabolic steroid or human growth hormone for: (1) enhancing performance in an exercise, sport,
84-1	or game, or (2) hormonal manipulation intended to increase muscle mass, strength, or weight
84-2	without a medical necessity. Any person who violates this subsection is guilty of a misdemeanor
84-3	and upon conviction may be imprisoned for not more than six (6) months or a fine of not more
84-4	than one thousand dollars ($1,000), or both.
84-5	SECTION 3. Section 31-27-2 of the General Laws in Chapter 31-27 entitled “Motor
84-6	Vehicle Offenses” is hereby amended to read as follows:
84-7	31-27-2. Driving under influence of liquor or drugs. – (a) Whoever drives or
84-8	otherwise operates any vehicle in the state while under the influence of any intoxicating liquor,
84-9	drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any
84-10	combination of these, shall be guilty of a misdemeanor except as provided in subdivision (d)(3)
84-11	and shall be punished as provided in subsection (d) of this section.
84-12	(b) Any person charged under subsection (a) of this section whose blood alcohol
84-13	concentration is eight one-hundredths of one percent (.08%) or more by weight as shown by a
84-14	chemical analysis of a blood, breath, or urine sample shall be guilty of violating subsection (a) of
84-15	this section. This provision shall not preclude a conviction based on other admissible evidence.
84-16	Proof of guilt under this section may also be based on evidence that the person charged was under
84-17	the influence of intoxicating liquor, drugs, toluene, or any controlled substance defined in chapter
84-18	28 of title 21, or any combination of these, to a degree which rendered the person incapable of
84-19	safely operating a vehicle. The fact that any person charged with violating this section is or has
84-20	been legally entitled to use alcohol or a drug shall not constitute a defense against any charge of
84-21	violating this section.
84-22	(2) Whoever drives or otherwise operates any vehicle in the state with a blood presence
84-23	of any scheduled controlled substance as defined within chapter 28 of title 21, as shown by
84-24	analysis of a blood or urine sample, shall be guilty of a misdemeanor and shall be punished as
84-25	provided in subsection (d) of this section.
84-26	(c) In any criminal prosecution for a violation of subsection (a) of this section, evidence
84-27	as to the amount of intoxicating liquor, toluene, or any controlled substance as defined in chapter
84-28	28 of title 21, or any combination of these, in the defendant's blood at the time alleged as shown
84-29	by a chemical analysis of the defendant's breath, blood, or urine or other bodily substance shall be
84-30	admissible and competent, provided that evidence is presented that the following conditions have
84-31	been complied with:
84-32	(1) The defendant has consented to the taking of the test upon which the analysis is made.
84-33	Evidence that the defendant had refused to submit to the test shall not be admissible unless the
84-34	defendant elects to testify.
85-1	(2) A true copy of the report of the test result was mailed within seventy-two (72) hours
85-2	of the taking of the test to the person submitting to a breath test.
85-3	(3) Any person submitting to a chemical test of blood, urine, or other body fluids shall
85-4	have a true copy of the report of the test result mailed to him or her within thirty (30) days
85-5	following the taking of the test.
85-6	(4) The test was performed according to methods and with equipment approved by the
85-7	director of the department of health of the state of Rhode Island and by an authorized individual.
85-8	(5) Equipment used for the conduct of the tests by means of breath analysis had been
85-9	tested for accuracy within thirty (30) days preceding the test by personnel qualified as
85-10	hereinbefore provided, and breathalyzer operators shall be qualified and certified by the
85-11	department of health within three hundred sixty-five (365) days of the test.
85-12	(6) The person arrested and charged with operating a motor vehicle while under the
85-13	influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of
85-14	title 21, or, any combination of these in violation of subsection (a) of this section was afforded the
85-15	opportunity to have an additional chemical test. The officer arresting or so charging the person
85-16	shall have informed the person of this right and afforded him or her a reasonable opportunity to
85-17	exercise this right, and a notation to this effect is made in the official records of the case in the
85-18	police department. Refusal to permit an additional chemical test shall render incompetent and
85-19	inadmissible in evidence the original report.
85-20	(d) Every person found to have violated subdivision (b)(1) of this section shall be
85-21	sentenced as follows: for a first violation whose blood alcohol concentration is eight one-
85-22	hundredths of one percent (.08%) but less than one-tenth of one percent (.1%) by weight or who
85-23	has a blood presence of any scheduled controlled substance as defined in subdivision (b)(2) shall
85-24	be subject to a fine of not less than one hundred dollars ($100) nor more than three hundred
85-25	dollars ($300), shall be required to perform ten (10) to sixty (60) hours of public community
85-26	restitution, and/or shall be imprisoned for up to one year. The sentence may be served in any unit
85-27	of the adult correctional institutions in the discretion of the sentencing judge and/or shall be
85-28	required to attend a special course on driving while intoxicated or under the influence of a
85-29	controlled substance, and his or her driver's license shall be suspended for thirty (30) days up to
85-30	one hundred eighty (180) days.
85-31	(ii) Every person convicted of a first violation whose blood alcohol concentration is one-
85-32	tenth of one percent (.1%) by weight or above but less than fifteen hundredths of one percent
85-33	(.15%) or whose blood alcohol concentration is unknown shall be subject to a fine of not less than
85-34	one hundred ($100) dollars nor more than four hundred dollars ($400) and shall be required to
86-1	perform ten (10) to sixty (60) hours of public community restitution and/or shall be imprisoned
86-2	for up to one year. The sentence may be served in any unit of the adult correctional institutions in
86-3	the discretion of the sentencing judge. The person's driving license shall be suspended for a
86-4	period of three (3) months to twelve (12) months. The sentencing judge shall require attendance
86-5	at a special course on driving while intoxicated or under the influence of a controlled substance
86-6	and/or alcoholic or drug treatment for the individual.
86-7	(iii) Every person convicted of a first offense whose blood alcohol concentration is
86-8	fifteen hundredths of one percent (.15%) or above, or who is under the influence of a drug,
86-9	toluene, or any controlled substance as defined in subdivision (b)(1) shall be subject to a fine of
86-10	five hundred dollars ($500) and shall be required to perform twenty (20) to sixty (60) hours of
86-11	public community restitution and/or shall be imprisoned for up to one year. The sentence may be
86-12	served in any unit of the adult correctional institutions in the discretion of the sentencing judge.
86-13	The person's driving license shall be suspended for a period of three (3) months to eighteen (18)
86-14	months. The sentencing judge shall require attendance at a special course on driving while
86-15	intoxicated or under the influence of a controlled substance and/or alcohol or drug treatment for
86-16	the individual.
86-17	(2) Every person convicted of a second violation within a five (5) year period with a
86-18	blood alcohol concentration of eight one-hundredths of one percent (.08%) or above but less than
86-19	fifteen hundredths of one percent (.15%) or whose blood alcohol concentration is unknown or
86-20	who has a blood presence of any controlled substance as defined in subdivision (b)(2), and every
86-21	person convicted of a second violation within a five (5) year period regardless of whether the
86-22	prior violation and subsequent conviction was a violation and subsequent conviction under this
86-23	statute or under the driving under the influence of liquor or drugs statute of any other state, shall
86-24	be subject to a mandatory fine of four hundred dollars ($400). The person's driving license shall
86-25	be suspended for a period of one year to two (2) years, and the individual shall be sentenced to
86-26	not less than ten (10) days nor more than one year in jail. The sentence may be served in any unit
86-27	of the adult correctional institutions in the discretion of the sentencing judge; however, not less
86-28	than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge
86-29	shall require alcohol or drug treatment for the individual, and may prohibit that person from
86-30	operating a motor vehicle that is not equipped with an ignition interlock system for a period of
86-31	one year to two (2) years following the completion of the sentence as provided in § 31-27-2.8.
86-32	(ii) Every person convicted of a second violation within a five (5) year period whose
86-33	blood alcohol concentration is fifteen hundredths of one percent (.15%) or above by weight as
86-34	shown by a chemical analysis of a blood, breath, or urine sample or who is under the influence of
87-1	a drug, toluene, or any controlled substance as defined in subdivision (b)(1) shall be subject to
87-2	mandatory imprisonment of not less than six (6) months nor more than one year, a mandatory fine
87-3	of not less than one thousand dollars ($1,000) and a mandatory license suspension for a period of
87-4	two (2) years from the date of completion of the sentence imposed under this subsection.
87-5	(3) Every person convicted of a third or subsequent violation within a five (5) year period
87-6	with a blood alcohol concentration of eight one-hundredths of one percent (.08%) or above but
87-7	less than fifteen hundredths of one percent (.15%) or whose blood alcohol concentration is
87-8	unknown or who has a blood presence of any scheduled controlled substance as defined in
87-9	subdivision (b)(2) regardless of whether any prior violation and subsequent conviction was a
87-10	violation and subsequent conviction under this statute or under the driving under the influence of
87-11	liquor or drugs statute of any other state, shall be guilty of a felony and be subject to a mandatory
87-12	fine of four hundred ($400) dollars. The person's driving license shall be suspended for a period
87-13	of two (2) years to three (3) years, and the individual shall be sentenced to not less than one year
87-14	and not more than three (3) years in jail. The sentence may be served in any unit of the adult
87-15	correctional institutions in the discretion of the sentencing judge; however, not less than forty-
87-16	eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall
87-17	require alcohol or drug treatment for the individual, and may prohibit that person from operating
87-18	a motor vehicle that is not equipped with an ignition interlock system for a period of two (2) years
87-19	following the completion of the sentence as provided in § 31-27-2.8.
87-20	(ii) Every person convicted of a third or subsequent violation within a five (5) year period
87-21	whose blood alcohol concentration is fifteen hundredths of one percent (.15%) above by weight
87-22	as shown by a chemical analysis of a blood, breath, or urine sample or who is under the influence
87-23	of a drug, toluene or any controlled substance as defined in subdivision (b)(1) shall be subject to
87-24	mandatory imprisonment of not less than three (3) years nor more than five (5) years, a
87-25	mandatory fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars
87-26	($5,000) and a mandatory license suspension for a period of three (3) years from the date of
87-27	completion of the sentence imposed under this subsection.
87-28	(iii) In addition to the foregoing penalties, every person convicted of a third or
87-29	subsequent violation within a five (5) year period regardless of whether any prior violation and
87-30	subsequent conviction was a violation and subsequent conviction under this statute or under the
87-31	driving under the influence of liquor or drugs statute of any other state shall be subject, in the
87-32	discretion of the sentencing judge, to having the vehicle owned and operated by the violator
87-33	seized and sold by the state of Rhode Island, with all funds obtained by the sale to be transferred
87-34	to the general fund.
88-1	(4) For purposes of determining the period of license suspension, a prior violation shall
88-2	constitute any charge brought and sustained under the provisions of this section or § 31-27-2.1.
88-3	(ii) Any person over the age of eighteen (18) who is convicted under this section for
88-4	operating a motor vehicle while under the influence of alcohol, other drugs, or a combination of
88-5	these, while a child under the age of thirteen (13) years was present as a passenger in the motor
88-6	vehicle when the offense was committed may be sentenced to a term of imprisonment of not more
88-7	than one year and further shall not be entitled to the benefit of suspension or deferment of this
88-8	sentence. The sentence imposed under this section may be served in any unit of the adult
88-9	correctional institutions in the discretion of the sentencing judge.
88-10	(5) Any person convicted of a violation under this section shall pay a highway assessment
88-11	fine of five hundred dollars ($500) which shall be deposited into the general fund. The assessment
88-12	provided for by this subsection shall be collected from a violator before any other fines
88-13	authorized by this section.
88-14	(ii) Any person convicted of a violation under this section shall be assessed a fee. The fee
88-15	shall be as follows:
88-16	FISCAL YEAR FISCAL YEAR FISCAL YEAR
88-17	1993-1995 1996-1999 2000-2010
88-18	$147 $173 $86
88-19	(6) If the person convicted of violating this section is under the age of eighteen (18)
88-20	years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of
88-21	public community restitution, and the juvenile's driving license shall be suspended for a period of
88-22	six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing
88-23	judge shall also require attendance at a special course on driving while intoxicated or under the
88-24	influence of a controlled substance and alcohol or drug education and/or treatment for the
88-25	juvenile. The juvenile may also be required to pay a highway assessment fine of no more than
88-26	five hundred dollars ($500), and the assessment imposed shall be deposited into the general fund.
88-27	(ii) If the person convicted of violating this section is under the age of eighteen (18)
88-28	years, for a second or subsequent violation regardless of whether any prior violation and
88-29	subsequent conviction was a violation and subsequent under this statute or under the driving
88-30	under the influence of liquor or drugs statute of any other state, he or she shall be subject to a
88-31	mandatory suspension of his or her driving license until such time as he or she is twenty-one (21)
88-32	years of age and may, in the discretion of the sentencing judge, also be sentenced to the Rhode
88-33	Island training school for a period of not more than one year and/or a fine of not more than five
88-34	hundred dollars ($500).
89-1	(7) Any person convicted of a violation under this section may undergo a clinical
89-2	assessment at a facility approved by the department of ~~health~~ mental health, retardation, and
89-3	hospitals. Should this clinical assessment determine problems of alcohol, drug abuse, or
89-4	psychological problems associated with alcoholic or drug abuse, this person shall be referred to
89-5	~~the T.A.S.C. (treatment alternatives to street crime) program~~ an appropriate facility for treatment
89-6	placement, case management, and monitoring.
89-7	(e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol
89-8	per one hundred (100) cubic centimeters of blood.
89-9	(f) There is established an alcohol and drug safety unit within the division of motor
89-10	vehicles to administer an alcohol safety action program. The program shall provide for placement
89-11	and follow-up for persons who are required to pay the highway safety assessment. The alcohol
89-12	and drug safety action program will be administered in conjunction with alcohol and drug
89-13	programs ~~within~~ licensed by the department of ~~health~~ mental health, retardation, and hospitals.
89-14	(2) Persons convicted under the provisions of this chapter shall be required to attend a
89-15	special course on driving while intoxicated or under the influence of a controlled substance,
89-16	and/or participate in an alcohol or drug treatment program. The course shall take into
89-17	consideration any language barrier which may exist as to any person ordered to attend, and shall
89-18	provide for instruction reasonably calculated to communicate the purposes of the course in
89-19	accordance with the requirements of the subsection. Any costs reasonably incurred in connection
89-20	with the provision of this accommodation shall be borne by the person being retrained. A copy of
89-21	any violation under this section shall be forwarded by the court to the alcohol and drug safety
89-22	unit. In the event that persons convicted under the provisions of this chapter fail to attend and
89-23	complete the above course or treatment program, as ordered by the judge, then the person may be
89-24	brought before the court, and after a hearing as to why the order of the court was not followed,
89-25	may be sentenced to jail for a