Chapter
073
2007
-- H 5300 SUBSTITUTE A AS AMENDED
Enacted 06/21/07
A N A C T
MAKING APPROPRIATIONS FOR
THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2008
Introduced By: Representatives Watson, Gorham, McManus, Story, and Ehrhardt
Date Introduced: February
01, 2007
It is enacted by the General Assembly as follows:
ARTICLE 1 RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2008
ARTICLE 2 RELATING TO BORROWING IN ANTICIPATION OF RECEIPTS FROM TAXES
ARTICLE 3 RELATING TO GOVERNMENT REORGANIZATION
ARTICLE 4 RELATING TO E-911 EMERGENCY TELEPHONE SYSTEM
ARTICLE 5 RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS
ARTICLE 6 RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF FY 2007
ARTICLE 7 RELATING TO TAXATION
ARTICLE 8 RELATING TO PUBLIC FINANCE – STATE BUDGET
ARTICLE 9 RELATING TO EDUCATION BENEFITS FOR NATIONAL GUARD MEMBERS
ARTICLE 10 RELATING TO RESTRICTED RECEIPT ACCOUNTS
ARTICLE 11 RELATING TO HOSPITAL AND OTHER MEDICAL FACILITIES AND SERVICES
ARTICLE 12 RELATING TO NURSING FACILITIES
ARTICLE 13 RELATING TO HOSPITAL PAYMENTS
ARTICLE 14 RELATING TO MEDICAL ASSISTANCE – LONG-TERM CARE SERVICE AND FINANCE
REFORM
ARTICLE 15 RELATING TO CHILD CARE – STATE SUBSIDIES
ARTICLE 16 RELATING TO FINANCIAL INSTITUTIONS – LICENSED ACTIVITIES
ARTICLE 17 RELATING TO HUMAN SERVICES - PHARMACEUTICALS
ARTICLE 18 RELATING TO PROGRAM INTEGRITY
ARTICLE 19 RELATING TO HOSPITAL UNCOMPENSATED CARE
ARTICLE 20 RELATING TO CHILD CARE ELIGIBILITY
ARTICLE 21 RELATING TO EDUCATION AID
ARTICLE 22 RELATING TO DELINQUENT AND DEPENDENT CHILDREN
ARTICLE 24 RELATING TO LICENSING OF ADULT DAY PROGRAMS
ARTICLE 25 RELATING TO STATE AID
ARTICLE 26 RELATING TO MOTOR AND OTHER VEHICLES
ARTICLE 27 RELATING TO SALES TAX EXEMPTION
ARTICLE 28 RELATING TO EXCESS INSURER PROFITS AND ADMINISTRATIVE
COSTS
ARTICLE 29 RELATING TO MOTOR AND OTHER VEHICLES
ARTICLE 30 RELATING TO BAYS, RIVERS, AND WATERSHED COORDINATION
TEAM
ARTICLE 31 RELATING TO MUNICIPAL TIPPING FEES
ARTICLE 32 RELATING TO CONTRACTOR’S REGISTRATION FEES
ARTICLE 33 RELATING TO FIRE SAFETY FEES
ARTICLE 34 RELATING TO MOTOR VEHICLE EMISSIONS INSPECTION PROGRAM
ARTICLE 35 RELATING TO ADJUDICATION OF TRAFFIC OFFENSES
ARTICLE 36 RELATING TO HISTORICAL RECORDS TRUST FEES
ARTICLE 37 RELATING TO UNCLAIMED PROPERTY
ARTICLE 38 RELATING TO PESTICIDE REGISTRATION SURCHARGE FEES
ARTICLE 39 RELATING TO DEPARTMENT OF HEALTH FEES
ARTICLE 40 RELATING TO TOBACCO SETTLEMENT FINANCING CORPORATION
ARTICLE 41 RELATING TO MUTUEL BETTING AND LICENSE FEES
ARTICLE 42 RELATING TO PRIVATIZATION OF STATE SERVICES
ARTICLE 43 RELATING TO FARM TO SCHOOL INCOME TAX CREDIT
ARTICLE 44 RELATING TO EFFECTIVE DATE
ARTICLE 1
SUBSTITUTE A AS AMENDED
RELATING
TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2008
SECTION 1. Subject to the
conditions, limitations and restrictions hereinafter contained in this act, the
following general revenue amounts are hereby appropriated out of any money in
the treasury not otherwise appropriated to be expended during the fiscal year
ending June 30, 2008. The amounts
identified for federal funds and restricted receipts shall be made available
pursuant to section 35-4-22 and Chapter 41 of Title 42 of the Rhode Island
General Laws. For the purposes and
functions hereinafter mentioned, the state controller is hereby authorized and
directed to draw his or her orders upon the general treasurer for the payment
of such sums or such portions thereof as may be required from time to time upon
receipt by him or her of properly authenticated vouchers.
Administration
Central Management
General Revenues 1,549,780
Federal Funds 238,173
Total - Central Management 1,787,953
Legal Services
General Revenues 1,836,817
Legal Support/DOT 122,057
Total – Legal Services 1,958,874
Accounts and Control General Revenues 3,252,968
Budgeting General Revenues 2,090,800
Purchasing General Revenues 2,398,789
Auditing General Revenues 1,792,239
Human Resources
General Revenues 10,067,133
Federal Funds 2,065,791
Restricted Receipts 577,637
Other Funds 793,282
Total - Human Resources 13,503,843
Personnel Appeal Board General Revenues 96,793
Facilities Management
General Revenues 36,055,887
Federal Funds 7,214,065
Restricted Receipts 1,137,677
State Fleet Replacement Restricted Receipts 6,350,000
The State Fleet Replacement restricted receipt account is hereby established, notwithstanding the provisions of Section 34-4-27 of the General Laws, for the purposes of purchasing vehicles for state agencies. The Department of Administration shall adopt rules and regulations for the use of these funds and submit them to the Assembly no later than November 1, 2007.
Other Funds 555,116
Total – Facilities Management 51,312,745
Capital Projects and Property Management General Revenues 3,748,880
Information Technology
General Revenues 17,650,147
Federal Funds 7,389,800
Restricted Receipts 1,422,572
Other Funds 1,403,499
Total – Information Technology 27,866,018
Library and Information Services
General Revenues 1,100,791
Federal Funds 1,084,437
Restricted Receipts 2,000
Total – Library and Information Services 2,187,228
Planning
General Revenues 3,792,553
Federal Funds 9,330,126
Intermodal Surface Transportation Funds
Federal Highway - PL Systems Planning 1,689,264
Air Quality Modeling 20,800
Total - Planning 14,832,743
Security Services General Revenues 19,932,620
General
General Revenues
Miscellaneous Grants 660,912
Torts – Court 400,000
Convention Center 12,500,000
Provided that the funds shall be provided to the Rhode Island Convention Center Authority at the times and in the amounts determined to be necessary by the State Budget Officer; and provided further, that $500,000 is reserved to fund expenses related to the relocation of the Providence War Memorial to LaSalle Square, or in the alternative, the Dunkin Donuts Center. Any funds remaining from this relocation project may be used to complete the renovation of the Dunkin Donuts Center, if needed.
Teachers Retiree Health Subsidy 1,442,024
Economic Development Corporation Grant 7,694,121
EDC – RI Airport Corporation Impact 1,004,520
Economic Policy Council 300,000
Slater Centers of Excellence 3,000,000
EDC EPScore 1,500,000
Police/Fire Incentive Pay 675,000
Motor Vehicle Excise Tax Payment 135,500,042
Property Valuation 1,100,000
General Revenue Sharing Program 65,111,876
Payment in Lieu of Tax Exempt Properties 27,766,967
Distressed Communities Relief Program 10,384,458
Resource Sharing and State Library Aid 8,773,398
Library Construction Aid 2,813,141
Restricted Receipts 1,295,997
Rhode Island Capital Plan Funds
Statehouse Renovations 4,000,000
Lead Mitigation Group Homes 300,000
Computer Center 8,975,000
Cranston Street Armory 1,300,000
Cannon Building 200,000
Pastore Center Master Plan 600,000
Zambarano Building Rehabilitation 600,000
Pastore Center Rehabilitation 530,000
Old State House 500,000
State Office Building 950,000
Old Colony House 135,000
William Powers Building 750,000
McCoy Stadium 557,500
Fire Code Compliance State Buildings 500,000
Pastore Center Fire Code Compliance 750,000
Pastore Center Water Tanks 480,000
Ladd Center Water System 50,000
Pastore Center Environmental Management 250,000
Pastore Center Power Plant 2,000,000
Replacement of Fueling Tanks 600,000
Neighborhood Opportunities Program 7,500,000
Environmental Compliance 275,000
Total - General 313,724,956
Debt Service Payments
General Revenues 126,160,050
Federal Funds 1,177,854
Restricted Receipts 1,542,173
Intermodal Surface Transportation Funds
RIPTA Debt Service 681,005
Transportation Debt Service 35,442,466
Temporary Disability Insurance Fund
RIRBA - DLT – Temporary Disability Insurance 45,586
COPS - DLT Building – TDI 358,825
Reed Act Funds
COPS – DLT Building 26,320
Total - Debt Service Payments 165,434,279
Energy Resources
General Revenues 2,236,989
Federal Funds 19,688,355
Restricted Receipts 200,000
Total – Energy Resources 22,125,344
Undistributed Personnel Savings
General Revenues (9,105,434)
Federal Funds (2,606,705)
Restricted Receipts (418,650)
Other Funds (2,714,920)
Total – Undistributed Personnel Savings (14,845,709)
Grand Total - Administration 633,201,363
Business Regulation
Central Management General Revenues 1,283,012
Banking and Securities Regulation General Revenues 3,083,499
Restricted Receipts 145,000
Total Banking and Securities Regulation 3,228,499
Commercial Licensing, Racing and Athletics
General Revenues 1,362,961
Restricted Receipts 606,836
Total - Commercial Licensing, Racing and Athletics 1,969,797
Insurance Regulation
General Revenues 5,184,809
Federal Funds 51,742
Restricted Receipts 856,129
Total - Insurance Regulation 6,092,680
Board of Accountancy General Revenues 155,449
Board for Design Professionals General Revenues 406,186
Grand Total - Business Regulation 13,135,623
Labor and Training
Central Management
General Revenues 195,297
Restricted Receipts 483,507
Total - Central Management 678,804
Workforce Development Services
General Revenues 2,500
Federal Funds 13,368,113
Restricted Receipts 14,952,134
Reed Act Funds
Rapid Job Entry 798,997
Workforce Development 5,200,000
Of the $6.0 million appropriated from Reed Act funds, $798,997 may be used solely for the Rapid Job Entry Program to engage welfare recipients in employment preparation and placement through employment assessment workshop and job club/job search workshop activities; and $5.2 million may be for the administration of this state’s employment compensation law and public employment service offices.
Total – Workforce Development Services 34,321,744
Workforce Regulation and Safety General Revenues 2,736,797
Income Support
General Revenues 3,175,354
Federal Funds 14,756,732
Restricted Receipts 1,760,639
Temporary Disability Insurance Fund 177,634,956
Employment Security Fund 212,759,436
Total - Income Support 410,087,117
Injured Workers Services Restricted Receipts 11,087,418
Labor Relations Board General Revenues 473,214
Grand Total - Labor and Training 459,385,094
Department of Revenue
Director of Revenue Office General Revenues 751,500
Office of Revenue Analysis General Revenues 750,003
Lottery Division Lottery Funds 214,697,422
Property Valuation General Revenues 849,819
Taxation
General Revenues 17,820,994
Federal Funds 1,235,454
Restricted Receipts 830,406
Temporary Disability Insurance 910,131
Total - Taxation 20,796,985
Registry of Motor Vehicles
General Revenues 18,403,641
Federal Funds 99,691
Restricted Receipts 15,100
Total – Registry of Motor Vehicles 18,518,432
Grand Total – Revenue 256,364,161
Legislature
General Revenues 34,440,361
Restricted Receipts 1,523,721
Grand Total - Legislature 35,964,082
Lieutenant Governor General Revenues 925,112
Secretary of State
Administration General Revenues 1,685,414
Corporations General Revenues 1,798,880
State
Archives
General Revenues 88,909
Federal Funds 40,121
Restricted Receipts 443,476
Total - State Archives 572,506
Elections
General Revenues 583,210
Federal Funds 546,623
Total - Elections 1,129,833
State Library General Revenues 689,592
Office of Civics and Public Information General Revenues 190,131
Grand Total - State 6,066,356
General Treasurer
Treasury
General Revenues 2,589,641
Federal Funds 291,066
Restricted Receipts 10,000
Temporary Disability Insurance Fund 293,140
Total – Treasury 3,183,847
State Retirement System
Restricted Receipts
Administrative Expenses - State Retirement System 6,131,739
Retirement - Treasury Investment Operations 877,497
Total - State Retirement System 7,009,236
Unclaimed Property Restricted Receipts 23,095,200
RI Refunding Bond Authority General Revenues 40,349
Crime Victim Compensation Program
General Revenues 278,560
Federal Funds 1,625,080
Restricted Receipts 1,657,851
Total - Crime Victim Compensation Program 3,561,491
Grand Total - General Treasurer 36,890,123
Board of Elections
General Revenues 1,437,214
Federal Funds 586,894
Grand Total - Board of Elections 2,024,108
Rhode Island Ethics Commission General Revenues 1,410,451
Office of Governor General Revenues 4,921,696
From the appropriation for contingency shall be paid such sums as may be required at the discretion of the Governor to fund expenses for which appropriations may not exist. Such contingency funds may also be used for expenditures in departments and agencies where appropriations are insufficient, or where such requirements are due to unforeseen conditions or are non-recurring items of an unusual nature. Said appropriations may also be used for the payment of bills incurred due to emergencies or to any offense against public peace and property, in accordance with the provisions of Titles 11 and 45 of the General Laws of 1956, as amended. All expenditures and transfers from this account shall be approved by the Governor.
Public Utilities Commission
General Revenues 661,246
Federal Funds 100,124
Restricted Receipts 6,334,717
Grand Total - Public Utilities Commission 7,096,087
Rhode Island Commission on Women General Revenues 108,203
Commission for Human Rights
General Revenues 984,197
Federal Funds 404,743
Grand Total - Commission for Human Rights 1,388,940
Office of Health and Human Services
General Revenues 307,152
Federal Funds 5,826,265
Restricted Receipts 445,548
Total – Health and Human Services 6,578,965
Children, Youth, and Families
Central Management
General Revenues 5,903,045
Federal Funds 3,359,730
Total - Central Management 9,262,775
Children's Behavioral Health Services
General Revenues 18,805,572
Federal Funds 13,268,634
Total - Children's Behavioral Health Services 32,074,206
Juvenile Correctional Services
General Revenues 29,680,225
Federal Funds 610,837
Restricted Receipts 6,000
Rhode Island Capital Plan Funds - Girls Facility – Training School 700,000
Total - Juvenile Correctional Services 30,997,062
Child Welfare
General Revenues 88,661,014
Federal Funds 58,426,893
18 to 21 Year Olds
General Revenues 6,000,000
Federal Funds 4,545,000
The General Assembly shall appropriate quarterly allotments to the Department of Children, Youth, and Families for child welfare for FY 2008. The state controller shall not allow the department to spend any more than $23.7 million from general revenues and $15.7 million from federal funds by September 30, 2007, no more than $47.4 million from general revenues and $31.4 million from federal funds by December 31, 2007, and no more than $71.1 million from general revenues and $47.1 million from federal funds by March 31, 2008.
Restricted Receipts 1,747,941
Rhode Island Capital Plan Funds
Camp E-Hun-Tee 85,000
Fire Code Upgrades 750,000
Total - Child Welfare 160,215,848
Higher Education Incentive Grants General Revenues 200,000
Grand Total - Children, Youth, and Families 232,749,891
Elderly Affairs
General Revenues
General Revenues 16,521,951
RIPAE 2,081,654
Safety and Care of the Elderly 600
Federal Funds 13,056,931
Restricted Receipts 690,000
Intermodal Surface Transportation Funds 4,685,000
Grand Total - Elderly Affairs 37,036,136
Health
Central Management
General Revenues 4,901,329
Federal Funds 4,856,361
Restricted Receipts 3,716,866
Total - Central Management 13,474,556
State Medical Examiner
General Revenues 2,156,986
Federal Funds 141,556
Total - State Medical Examiner 2,298,542
Family Health
General Revenues 2,588,535
Federal Funds 29,851,256
Restricted Receipts 18,186,461
Total - Family Health 50,626,252
Health Services Regulation
General Revenues 6,522,612
Federal Funds 4,913,651
Restricted Receipts 436,904
Total - Health Services Regulation 11,873,167
Environmental Health
General Revenues 3,999,516
Federal Funds 6,124,861
Restricted Receipts 3,062,911
Total - Environmental Health 13,187,288
Health Laboratories
General Revenues 8,170,513
Federal Funds 2,063,939
Total - Health Laboratories 10,234,452
Disease Prevention and Control
General Revenues 6,147,635
Federal Funds 17,353,763
National Highway Traffic Safety Funds Walkable Communities Initiative 28,676
Total - Disease Prevention and Control 23,530,074
Grand Total - Health 125,224,331
Human Services
Central Management
General Revenues 9,113,855
Federal Funds 4,251,568
Restricted Receipts 1,746,265
Total - Central Management 15,111,688
Child Support Enforcement
General Revenues 3,830,853
Federal Funds 7,569,577
Restricted Receipts 50,000
Total – Child Support Enforcement 11,450,430
Individual and Family Support
General Revenues 24,754,511
Federal Funds 52,883,675
Restricted Receipts 134,150
Rhode Island Capital Plan Funds
Blind Vending Facilities 100,000
Forand Building Exterior 1,200,000
Total - Individual and Family Support 79,072,336
Veterans' Affairs
General Revenues 17,109,472
Federal Funds 6,384,850
Restricted Receipts 1,516,550
Total - Veterans' Affairs 25,010,872
Health Care Quality, Financing and
Purchasing
General Revenues 23,023,393
Federal Funds 43,746,840
Restricted Receipts 186,714
Total - Health Care Quality, Financing & Purchasing 66,956,947
Medical Benefits
General Revenues
Hospitals 127,761,587
Long Term Care 171,867,087
Provided that $154,280,987 is for long term care for nursing homes and hospice care and $17,586,100 is for long term care for home and community based services.
Managed Care 259,157,517
Pharmacy 63,239,985
Other 55,380,738
Federal Funds
Hospitals 115,822,763
Long Term Care 189,938,417
Provided that $170,524,517 is for long term care for nursing homes and hospice care and $19,413,900 is for long term care for home and community based services.
Managed Care 293,562,936
Special Education 20,733,240
Pharmacy 23,999,516
Other 60,550,556
Restricted Receipts 5,590,042
Total - Medical Benefits 1,387,604,384
Supplemental Security Income Program General Revenues 28,455,740
Family Independence Program
General Revenues
Child Care 7,442,414
TANF/Family Independence Program 15,957,990
Federal Funds 84,438,119
Total - Family Independence Program 107,838,523
State Funded Programs
General Revenues General Public Assistance 4,090,076
Federal Funds 85,553,476
Total - State Funded Programs 89,643,552
Grand Total - Human Services 1,811,144,472
Mental Health, Retardation, and Hospitals
Central Management
General Revenues 740,606
Federal Funds 67,080
Total - Central Management 807,686
Hospital and Community System Support
General Revenues 4,238,069
Federal Funds 373,404
Rhode Island Capital Plan Funds
Medical Center Rehabilitation 290,000
Community Facilities Fire Code 1,250,000
DD Private Waiver Community Facility/Fire Code 337,500
Total - Hospital and Community System Support 6,488,973
Services for the Developmentally Disabled
General Revenues 120,497,502
Federal Funds 136,746,550
Rhode Island Capital Plan Funds
Regional Center Repair/Rehabilitation 300,000
MR Community Facilities/Access to Independence 500,000
Developmental Disability Group Homes 2,050,000
Total - Services for the Developmentally Disabled 260,094,052
Integrated Mental Health Services
General Revenues 43,958,899
Federal Funds 38,244,839
Rhode Island Capital Plan Funds
MH Community Facilities Repairs 250,000
MH Housing Development-Thresholds 400,000
Total - Integrated Mental Health Services 82,853,738
Hospital and Community Rehabilitation
Services
General Revenues 57,019,642
Federal Funds 56,699,247
Restricted Receipts 2,950,000
Rhode Island Capital Plan Funds
Zambarano Buildings and Utilities 590,000
Hospital Consolidation 2,250,000
Total - Hospital and Community Rehabilitation Services 119,508,889
Substance Abuse
General Revenues 17,004,511
Federal Funds 11,839,894
Restricted Receipts 90,000
Rhode Island Capital Plan Funds
Asset Protection 200,000
Total - Substance Abuse 29,134,405
Grand Total - Mental Health, Retardation, and Hospitals 498,887,743
Office of the Child Advocate
General Revenues 520,757
Federal Funds 40,000
Grand Total – Office of the Child Advocate 560,757
Commission on the Deaf and Hard of Hearing
General Revenues 370,154
Federal Funds 17,500
Grand Total - Commission on the Deaf and Hard of Hearing 387,654
RI Developmental Disabilities Council Federal Funds 461,111
Governor's Commission on Disabilities
General Revenues 535,775
Federal Funds 181,692
Restricted Receipts 50,612
Rhode Island Capital Plan Funds
Facility Renovation – Handicapped Accessibility 200,000
Grand Total - Governor's Commission on Disabilities 968,079
Mental Health Advocate General Revenues 424,343
Elementary and Secondary Education
Administration of the Comprehensive
Education Strategy
General Revenues 21,316,614
Statewide – Uniform Chart of Accounts 1,100,000
Federal Funds 175,671,609
HRIC Adult Education Grants 4,500,000
Restricted Receipts 1,189,897
Rhode Island Capital Plan Funds
Shepard Building Air Quality 286,500
Total – Administration of the Comprehensive
Education Strategy 204,064,620
Davies Career and
Technical School
General Revenues 14,571,572
Federal Funds 1,237,336
Rhode Island Capital Plan Funds
Davies HVAC 364,985
Davies Asset Protection 82,400
Davies Roof Repair 507,000
Total - Davies Career and Technical School 16,763,293
RI School for the Deaf
General Revenues 6,807,792
Federal Funds 367,923
Total - RI School for the Deaf 7,175,715
Metropolitan Career and Technical School General Revenues 11,487,734
Education Aid
General Revenues 679,417,316
Federal Funds 1,119,042
Restricted Receipt 1,459,996
Total – Education Aid 681,996,354
Central Falls School District General Revenues 43,795,411
Housing Aid General Revenues 52,861,510
Teachers’ Retirement General Revenues 78,071,710
Grand Total - Elementary and Secondary Education 1,096,216,347
Public Higher Education
Board of Governors/Office of Higher
Education
General Revenues 8,135,640
Federal Fund 3,526,446
Restricted Receipts 200,000
Total – Board of Governors/Off. of Higher Education 11,862,086
University of Rhode Island
General Revenues
General Revenues 77,035,968
Debt Service 11,203,337
University and College Funds
University and College Funds 401,968,441
Debt - Dining Services 1,115,771
Debt - Educational and General 2,556,727
Debt - Health Services 130,758
Debt - Housing Loan Funds 5,550,920
Debt - Memorial Union 101,165
Debt - Ryan Center 388,558
Debt - Alton Jones Services 148,728
Debt - Boss Arena 71,913
Debt - Parking Authority 757,871
Debt – Sponsored Research 101,425
Rhode Island Capital Plan Funds
Asset Protection 4,189,500
Superfund 954,000
Lippitt Hall 4,605,000
Total – University of Rhode Island 510,880,082
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or unencumbered balances as of June 30, 2008 relating to the University of Rhode Island are hereby reappropriated to fiscal year 2009.
Rhode Island College
General Revenues
General Revenues 45,750,547
Debt Service 2,944,957
RIRBA – Rhode Island College 336,386
University and College Funds
University and College Funds 82,943,953
Debt - Education and General 295,152
Debt - Housing 494,417
Debt - Student Center and Dining 172,061
Debt - Student Union 172,194
Rhode Island Capital Plan Funds
Asset Protection 1,819,125
Total – Rhode Island College 134,928,792
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or unencumbered balances as of June 30, 2008 relating to the Rhode Island College are hereby reappropriated to fiscal year 2009.
Community College of Rhode Island
General Revenues
General Revenues 49,254,318
Debt Service 1,406,894
Restricted Receipts 693,520
University and College Funds
University and College Funds 58,716,203
Debt – Bookstore 176,504
Rhode Island Capital Plan Funds
Knight Campus Nursing Program 60,000
Fire Code and HVAC 1,700,000
Asset Protection 1,157,625
Total – Community College of Rhode Island 113,165,064
Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or unencumbered balances as of June 30, 2008 relating to the Community College of Rhode Island are hereby reappropriated to fiscal year 2009.
Grand Total – Public Higher Education 770,836,024
RI State Council on the Arts
General Revenues
Operating Support 757,476
Grants 2,020,168
Federal Funds 706,453
Arts for Public Facilities 3,000,000
Grand Total - RI State Council on the Arts 6,484,097
RI Atomic Energy Commission
General Revenues 819,869
Federal Funds 420,940
University and College Funds URI Sponsored Research 190,654
Rhode Island Capital Plan Funds
Asset Protection 50,000
Grand Total - RI Atomic Energy Commission 1,481,463
RI Higher Education Assistance Authority
General Revenues
Needs Based Grants and Work Opportunities 10,000,000
Authority Operations and Other Grants 1,019,684
Federal Funds 12,612,204
Tuition Savings Program - Administration 5,718,516
Grand Total – RI Higher Education Assistance Authority 29,350,404
RI Historical Preservation and Heritage
Commission
General Revenues 1,577,792
Federal Funds 529,078
Restricted Receipts 496,294
Grand Total - RI Historical Pres. and Heritage Comm. 2,603,164
RI Public Telecommunications Authority
General Revenues 1,363,654
Corporation for Public Broadcasting 799,656
Grand Total – RI Public Telecommunications Authority 2,163,310
Attorney General
Criminal
General Revenues 12,988,267
Federal Funds 1,322,964
Restricted Receipts 339,183
Total - Criminal 14,650,414
Civil
General Revenues 4,897,204
Restricted Receipts 634,364
Total - Civil 5,531,568
Bureau of Criminal Identification
General Revenues 1,017,634
Federal Funds 56,500
Total Bureau of Criminal Identification 1,074,134
General
General Revenues 2,432,200
Rhode Island Capital Plan Funds
Building Renovations and Repairs 215,000
Total - General 2,647,200
Grand Total - Attorney General 23,903,316
Corrections
Central Management
General Revenues 10,466,116
Federal Funds 359,452
Total - Central Management 10,825,568
Parole Board
General Revenues 1,259,056
Federal Funds 33,002
Total - Parole Board 1,292,058
Institutional Corrections
General Revenues 160,571,643
Federal Funds 2,034,829
Rhode Island Capital Plan Funds
Reintegration Center State Match 1,195,123
General Renovations – Maximum 400,000
General Renovations - Women 1,000,000
Women’s Bathroom Renovations 856,000
Work Release Roof 497,000
Asset Protection 2,500,000
Total - Institutional Corrections 169,054,595
Community Corrections
General Revenues 15,657,717
Federal Funds 380,217
Total – Community Corrections 16,037,934
Grand Total - Corrections 197,210,155
Judiciary
Supreme Court
General Revenues
General Revenues 25,903,138
Defense of Indigents 3,065,689
Judicial Tenure and Discipline 119,705
Federal Funds 121,590
Restricted Receipts 1,131,337
Rhode Island Capital Plan Funds
Judicial HVAC 400,000
Garrahy Lighting and Ceiling 600,000
Asset Protection 450,000
Total - Supreme Court 31,791,459
Superior Court
General Revenues 20,417,996
Federal Funds 535,427
Total - Superior Court 20,953,423
Family Court
General Revenues 17,793,670
Federal Funds 1,407,102
Total – Family Court 19,200,772
District Court General Revenues 10,505,649
Traffic Tribunal General Revenues 7,159,070
Workers' Compensation Court Restricted Receipts 7,387,455
Grand Total - Judiciary 96,997,828
Military Staff
National Guard
General Revenues 1,761,132
Federal Funds 9,288,875
Restricted Funds 145,000
Rhode Island Capital Plan Funds
Federal Armories Fire Code Comp. 118,750
AMC Roof Replacement 644,000
State Armories Fire Code Comp. 250,000
Asset Protection 210,000
Logistics/Maint. Facilities Fire Code Comp. 100,000
Woonsocket Building Demolition 71,250
Total - National Guard 12,589,007
Emergency Management
General Revenues 802,732
Federal Funds 11,305,824
Restricted Receipts 262,532
Total - Emergency Management 12,371,088
Grand Total - Military Staff 24,960,095
E-911 Emergency Telephone System
General Revenues 4,733,109
Restricted Receipts 1,296,943
Grand Total – E-911 Emergency Telephone System 6,030,052
Fire Safety Code Board of Appeal and Review General Revenues 303,435
State Fire Marshal
General Revenues 2,671,285
Federal Funds 227,972
Grand Total - State Fire Marshal 2,899,257
Rhode Island Justice Commission
General Revenues 160,815
Federal Funds 4,151,511
Restricted Receipts 30,000
Grand Total - Rhode Island Justice Commission 4,342,326
Municipal Police Training Academy
General Revenues 429,252
Federal Funds 50,000
Grand Total - Municipal Police Training Academy 479,252
State Police
General Revenues 52,058,385
Federal Funds 1,091,916
Restricted Receipts 312,100
Traffic Enforcement - Municipal Training 378,924
Rhode Island Capital Plan Funds
Barracks and Training 150,000
State Police Training Academy 5,000,000
Lottery Commission Assistance 142,099
Airport Corporation 143,923
Road Construction Reimbursement 2,366,598
Grand Total - State Police 61,643,945
Office of Public Defender
General Revenues 9,324,951
Federal Funds 421,833
Grand Total - Office of Public Defender 9,746,784
Environmental Management
Office of the Director
General Revenues 6,043,464
Federal Funds 556,097
Restricted Receipts 2,504,573
Total – Office of the Director 9,104,134
Natural Resources
General Revenues 18,318,004
Federal Funds 17,159,404
Restricted Receipts 3,829,816
DOT Recreational Projects 117,996
Blackstone Bikepath Design 787,890
Rhode Island Capital Plan Funds
Dam Repair 300,000
Recreational Facilities Improvements 1,000,000
Fort Adams Rehabilitation 250,000
Jamestown Fishing Pier 100,000
Galilee Piers Upgrade 400,000
Newport Piers 950,000
Total - Natural Resources 43,213,110
Environmental Protection
General Revenues 12,051,532
Federal Funds 10,438,032
Restricted Receipts 10,611,052
Total - Environmental Protection 33,100,616
Grand Total - Environmental Management 85,417,860
Coastal Resources Management Council
General Revenues 1,879,559
Federal Funds 1,607,000
Restricted Receipts 1,022,100
Grand Total - Coastal Resources Management Council 4,508,659
State Water Resources Board
General Revenues 1,893,081
Restricted Receipts 400,000
Rhode Island Capital Plan Funds
Big River Management Area 92,000
Grand Total - State Water Resources Board 2,385,081
Transportation
Central Management
Federal Funds 17,166,840
Gas Tax 3,711,727
Total - Central Management 20,878,567
Management and Budget Gasoline Tax 3,010,397
Infrastructure – Engineering – Garvee/Motor
Fuel Tax Bonds
Federal Funds 257,540,116
Restricted Receipts 661,834
Gasoline Tax 46,094,158
Land Sale Revenue 2,000,000
Rhode Island Capital Plan Funds
Cherry Hill/Lincoln Facility 625,000
Land and Buildings 2,305,486
Pawtucket/Central Falls Train Station 40,000
State Infrastructure Bank 1,000,000
Total - Infrastructure – Engineering – Garvee/Motor
Fuel Tax Bonds 310,266,594
Infrastructure Maintenance
Gasoline Tax 39,478,984
Non-land Surplus Property 287,523
Outdoor Advertising 18,809
Rhode Island Capital Plan Funds
Maintenance Facilities 200,000
Total - Infrastructure Maintenance 39,985,316
Grand Total - Transportation 374,140,874
Statewide Totals
General Revenues 3,403,638,116
Federal Funds 2,010,642,340
Restricted Receipts 162,635,736
Other Funds 1,400,492,417
Statewide Grand Total 6,977,408,609
SECTION 2. Each line appearing in Section 1 of this
Article shall constitute an appropriation.
SECTION 3. Upon the transfer
of any function of a department or agency to another department or agency, the
Governor is hereby authorized by means of executive order to transfer or
reallocate, in whole or in part, the appropriations and the full-time
equivalent limits affected thereby.
SECTION 4. Notwithstanding any provisions of Rhode
Island General Laws, the Quonset Development Corporation shall transfer the sum
of three million four hundred eighty-six thousand eight hundred seventy four
dollars ($3,486,874) to the State Controller by June 30, 2008.
SECTION 5. The general assembly authorizes the state
controller to establish the internal service accounts shown below, and no
other, to finance and account for the operations of state agencies that provide
services to other agencies, institutions and other governmental units on a cost
reimbursed basis. The purpose of these
accounts is to ensure that certain activities are managed in a businesslike
manner, promote efficient use of services by making agencies pay the full costs
associated with providing the services, and allocate the costs of central
administrative services across all fund types, so that federal and other
non-general fund programs share in the costs of general government
support. The controller is authorized
to reimburse these accounts for the cost of work or services performed for any
other department or agency subject to the following expenditure
limitations:
Account Expenditure
Limit
State
Assessed Fringe Benefit Internal Service Fund 29,966,436
Administration
Central Utilities Internal Service Fund 19,490,769
State
Central Mail Internal Service Fund 5,683,450
State
Telecommunications Internal Service Fund 3,020,022
State
Automotive Fleet Internal Service Fund 14,649,606
State
Surplus Property Internal Service Fund 15,715
Capital
Police Internal Service Fund 580,935
Health Insurance Internal Service Fund 258,553,614
MHRH
Central Pharmacy Internal Service Fund 10,274,366
MHRH
Laundry Services Internal Service Fund 1,266,493
Corrections
General Services & Warehouse Internal Service Fund 6,054,815
Correctional
Industries Internal Service Fund 7,455,680
Secretary
of State Record Center Internal Service Fund 1,177,788
SECTION 6. The General Assembly may provide a written
"statement of legislative intent" signed by the chairperson of the
House Finance Committee and by the chairperson of the Senate Finance Committee
to show the intended purpose of the appropriations contained in Section 1 of
this Article. The statement of
legislative intent shall be kept on file in the House Finance Committee and in
the Senate Finance Committee.
At least twenty (20) days
prior to the issuance of a grant or the release of funds, which grant or funds
are listed on the legislative letter of intent, all department, agency and corporation
directors, shall notify in writing the chairperson of the House Finance
Committee and the chairperson of the Senate Finance Committee of the
approximate date when the funds are to be released or granted.
SECTION 7. Appropriation of
Temporary Disability Insurance Funds -- There is hereby appropriated pursuant
to sections 28-39-5 and 28-39-8 of the Rhode Island General Laws all funds
required to be disbursed for the benefit payments from the Temporary Disability
Insurance Fund and Temporary Disability Insurance Reserve Fund for the fiscal
year ending June 30, 2008.
SECTION 8. Appropriation of
Employment Security Funds -- There is hereby appropriated pursuant to section
28-42-19 of the Rhode Island General Laws all funds required to be disbursed
for benefit payments from the Employment Security Fund for the fiscal year
ending June 30, 2008.
SECTION 9. Department of
Health Regulatory and Licensing Activities Restricted Receipt Account. There is
created within the general fund a restricted receipt account to be known as
"regulatory and licensing activities restricted receipt account". All
money in the account shall be utilized by the department of health to
effectuate provisions of chapter 23-1.3 that relate to radiation control;
provisions of chapter 23-16.3 that relate to clinical laboratory specialists,
provisions of chapter 21-23 that relate to nonalcoholic bottled beverages,
drinks and juices, provisions of chapter 23-22 that relate to licensing of
swimming pools; provisions of chapter 5-60 that relate to athletic trainers,
provisions of chapter 5-32 that relate to electrolysis, provisions of chapter 5-49 that relate to hearing aid
dealers and fitters and provisions of chapter 23-68 that relate to the tanning facilities
safety standard act. All money received pursuant to sections 5-60-1, 5-32-6,
5-49-6, 21-23-2, 23-1.3-5, 23-16.3, 23-22-6, 23-68-6 of the Rhode Island
General Laws shall be deposited into the regulatory and licensing restricted
receipt account.
SECTION 10. Appropriation of Lottery Division Funds –
There is hereby appropriated to the Lottery Division any funds required to be
disbursed by the Lottery Division for the purposes of paying commissions or
transfers to the prize fund for the fiscal year ending June 30, 2008.
SECTION 11. Departments and
agencies listed below may not exceed the number of full-time equivalent (FTE)
positions shown below plus the number of contract employees as of June 8, 2007
as certified by the Budget Officer in any pay period. Full-time equivalent
positions do not include seasonal or intermittent positions whose scheduled
period of employment does not exceed twenty-six consecutive weeks or whose
scheduled hours do not exceed nine hundred and twenty-five (925) hours,
excluding overtime, in a one year period. Nor do they include individuals
engaged in training, the completion of which is a prerequisite of employment.
Contract positions are those
where the contracted employees or employee services where the contracted
employees would work under state employee supervisors. The Budget Officer shall
certify the total number to the Governor, Speaker of the House and President of
the Senate, with copies to the chairman of the House Finance Committee, Senate
Finance Committee, the House Fiscal Advisor and the Senate Fiscal Advisor
within ten days of passage of the budget act.
No agency or department may
employ contracted employees or employee services where the contracted employees
would work under state employee supervisors after October 1, 2007 without
determination of need by the Director of Administration acting upon the
positive recommendations of the Budget Officer and the Personnel Administrator
and 15 days after a public hearing.
Nor may any agency or
department contract for services replacing work done by state employees at that
time without determination of need by the Director of Administration acting
upon the positive recommendations of the Budget Officer and the Personnel
Administrator and 30 days after a public hearing.
State employees whose funding
is from non-state general revenue funds that are time limited shall receive
limited term appointment with the term limited to the availability of the
non-state general revenue funding source.
The Governor or designee,
Speaker of the House of Representatives or designee, and the President of the
Senate or designee may authorize an adjustment to the overall limitation. Prior
to the authorization, the State Budget Officer shall make a detailed written
recommendation to the Governor, the Speaker of the House, and the President of
the Senate. A copy of the recommendation
and authorization to adjust shall be transmitted to the chairman of the
House Finance Committee, Senate Finance Committee, the House Fiscal Advisor and
the Senate Fiscal Advisor.
FTE POSITION AUTHORIZATION
Departments
and Agencies Full-Time
Equivalent
Administration 1,032.9
Business
Regulation 105.0
Labor
and Training 454.9
Revenue 475.0
Legislature 298.2
Office
of the Lieutenant Governor 9.5
Office
of the Secretary of State 58.0
Office
of the General Treasurer 88.0
Board
of Elections 14.0
Rhode
Island Ethics Commission 12.0
Office
of the Governor 44.0
Public
Utilities Commission 45.7
Rhode
Island Commission on Women 1.0
Health
and Human Services 5.0
Children,
Youth, and Families 805.0
Elderly
Affairs 46.0
Health 459.0
Human
Services 1,109.0
Mental
Health, Retardation, and Hospitals 1,761.0
Office
of the Child Advocate 5.8
Commission
on the Deaf and Hard of Hearing 3.0
RI
Developmental Disabilities Council 2.0
Governor's
Commission on Disabilities 5.6
Commission
for Human Rights 14.5
Office
of the Mental Health Advocate 3.7
Elementary
and Secondary Education 134.2
Davies 133.0
School
for the Deaf 68.0
Office
of Higher Education 22.0
Provided
that 1.0 of the total authorization would be available only for a position that
is supported by third-party funds.
University
of Rhode Island 2,532.1
Provided
that 602.0 of the total authorization would be available only for positions
that are supported by third-party funds.
Rhode
Island College 932.5
Provided
that 82.0 of the total authorization would be available only for positions that
are supported by third-party funds.
Community
College of Rhode Island 848.2
Provided
that 100.0 of the total authorization would be available only for positions
that are supported by third-party funds.
Rhode
Island State Council on the Arts 8.6
RI
Atomic Energy Commission 8.6
Higher
Education Assistance Authority 46.0
Historical
Preservation and Heritage Commission 17.6
Public
Telecommunications Authority 20.0
Office
of the Attorney General 234.8
Corrections 1,508.6
Judiciary 732.5
Military
Staff 110.0
E-911
Emergency Telephone System 53.6
Fire
Safety Code Bd. of Appeal and Review 3.0
RI
State Fire Marshal 35.0
Rhode
Island Justice Commission 7.6
Municipal
Police Training Academy 4.0
State
Police 272.0
Office
of the Public Defender 93.5
Environmental
Management 491.4
Coastal
Resources Management Council 30.0
State
Water Resources Board 9.0
Transportation 773.7
Total 15,770.0
SECTION 12. The amounts
reflected in this Article include the appropriation of Rhode Island Capital
Plan funds for fiscal year 2008 and supersede appropriations provided for FY
2008 within Section 8 of Article 1 of Chapter 246 of the P.L. of 2006.
The following amounts are
hereby appropriated out of any money in the State’s Rhode Island Capital Plan
Fund not otherwise appropriated to be expended during the fiscal years ending
June 30, 2009, June 30, 2010, and June 30, 2011. These amounts supersede appropriations provided within Section 8
of Article 1 of Chapter 246 of the P.L. of 2006. For the purposes and functions hereinafter mentioned, the State
Controller is hereby authorized and directed to draw his or her orders upon the
General Treasurer for the payment of such sums and such portions thereof as may
be required by him or her upon receipt of properly authenticated vouchers.
Fiscal
Year Ending Fiscal Year Ending Fiscal Year
Ending
Project June
30, 2009 June 30, 2010 June
30, 2011
RICAP – DOA – McCoy Stadium Repairs 432,500 152,500 372,500
RICAP – DOA – Pastore Utilities Upgrade 3,000,000 3,500,000 4,000,000
RICAP – DOA – Statehouse Renovations 2,000,000 2,000,000 6,000,000
RICAP – DCYF –Fire Code Upgrades
Group
Homes 1,000,000 1,210,000 1,210,000
RICAP – Higher Ed-URI Chemistry Bldg. 300,000 - -
RICAP – Higher Ed-URI Nursing
Program
Building - 500,000 -
RICAP – Higher Ed-CCRI Fire Code
and HVAC 1,700,000 - -
RICAP – Mil. Staff-AMC Roof/HVAC 1,100,000 950,000 -
RICAP – State Police Headquarters 10,000,000 - -
SECTION 13. Reappropriation of Funding for Rhode
Island Capital Plan Fund Projects. - Any unexpended and unencumbered funds
from Rhode Island Capital Plan Fund project appropriations shall be
reappropriated in the ensuing fiscal year and made available for the same
purpose. Any unexpended funds of less than five hundred dollars ($500) shall be
reappropriated at the discretion of the State Budget Officer.
SECTION 14. This article shall take effect as of July 1,
2007.
ARTICLE 2 SUBSTITUTE A
RELATING TO BORROWING IN ANTICIPATION OF
RECEIPTS FROM TAXES
SECTION 1. (a) The State of Rhode Island is hereby
authorized to borrow during its fiscal year ending June 30, 2008, in anticipation
of receipts from taxes such sum or sums, at such time or times and upon such
terms and conditions not inconsistent with the provisions and limitations of
Section 17 of Article VI of the constitution of Rhode Island, as the general
treasurer, with the advise of the Governor, shall deem for the best interests
of the state, provided that the amounts so borrowed shall not exceed two
hundred and seventy million dollars ($270,000,000), at any time
outstanding. The state is hereby
further authorized to give its promissory note or notes signed by the general
treasurer and counter-signed by the secretary of state for the payment of any
sum so borrowed. Any such proceeds
shall be invested by the general treasurer until such time as they are
needed. The interest income earned from
such investments shall be used to pay the interest on the promissory note or
notes, or other forms of obligations, and any expense of issuing the promissory
note or notes, or other forms of obligations, with the balance remaining at the
end of said fiscal year, if any, shall be used toward the payment of long-term
debt service of the state, unless prohibited by federal law or regulation.
(b) Notwithstanding any other
authority to the contrary, duly authorized bonds or notes of the state issued
during the fiscal year ending June 30, 2008 may be issued in the form of
commercial paper, so-called. In
connection herewith, the state, acting through the general treasurer, may enter
into agreements with banks, trust companies or other financial institutions
within or outside the state, whether in the form of letters or lines of credit,
liquidity facilities, insurance or other support arrangements. Any notes issued as commercial paper shall
be in such amounts and bear such terms as the general treasurer, with the
advice of the governor, shall determine, which may include provisions for
prepayment at any time with or without premium at the option of the state. Such notes may be sold at a premium or
discount, and may bear interest or not and, if interest bearing, may bear
interest at such rate or rates variable from time to time as determined by the
Federal Reserve Bank Composite Index of Commercial Paper, or the Municipal
Market Data General Market Index or other similar commercial paper offerings,
or other method specified in any agreement with brokers for the placement or
marketing of any such notes issued as commercial paper, or other like
agreements. Any such agreement may also
include such other covenants and provisions for protecting the rights, security
and remedies of the lenders as may, in the discretion of the general treasurer,
be reasonable, legal and proper. The
general treasurer may also enter into agreements with brokers for the placement
or marketing of any such notes of the state issued as commercial paper. Any notes to the state issued as commercial
paper in anticipation of receipts from taxes in any fiscal year must also be
issued in accordance with the provisions of Section 17 of Article VI of the
constitution of Rhode Island and within the limitations set forth in Subsection
(a) of Section 1 of this Article.
(c) Notwithstanding any other
authority to the contrary, other forms of obligations of the state not to
exceed twenty million dollars ($20,000,000) of the two hundred seventy million
dollar ($270,000,000) amount authorized in Section 1 may be issued during the
fiscal year ending June 30, 2008 in the form of a commercial or business credit
account, at any time outstanding, with banks, trust companies or other financial
institutions within or outside the state in order to finance a payables
incentive program for the state with its vendors. Any such forms of obligations
entered into pursuant to this subsection shall be in such amounts and bear such
terms as the general treasurer, with the advice of the governor, shall
determine, which may include provisions for prepayment at any time with or
without premium at the option of the state. Any such forms of obligations
entered into pursuant to this subsection may also include such other covenants
and provisions for protecting the rights, security and remedies of the lenders
as may, in the discretion of the general treasurer, be reasonable, legal and
proper. Any such forms of obligations entered into pursuant to this subsection
must also be issued in accordance with the provisions of Section 17 of Article
VI of the Constitution of Rhode Island and within the limitations set forth in
Subsection (a) of Section 1 of this Article.
SECTION 2. This article shall take effect upon passage.
ARTICLE 3 SUBSTITUTE A AS AMENDED
RELATING TO GOVERNMENT REORGANIZATION
SECTION 1. Sections
42-7.2-2, 42-7.2-4, 42-7.2-5 and 42-7.2-6 of the General Laws in Chapter 42-7.2
entitled "Office of Health and Human Services" are hereby amended to
read as follows:
42-7.2-2. Executive office of health and human services. --
There is hereby established within the executive branch of state government an
executive office of health and human services. to serve as the
principal agency of the executive branch of state government for managing the
departments of children, youth and families, elderly affairs, health, human
services, and mental health, retardation and hospitals. In this capacity, This the
office shall: lead
(a) Lead the
state's five health and human services departments in order to:
(a) (1) Improve the economy, efficiency,
coordination, and quality of health and human services policy and planning,
budgeting and financing.
(b) (2) Design strategies and implement best practices
that foster service access, consumer safety and positive outcomes.
(c) (3) Maximize and leverage funds from all
available public and private sources, including federal financial
participation, grants and awards.
(d) (4) Increase public confidence by conducting
independent reviews of health and human services issues in order to promote
accountability and coordination across departments.
(e) (5) Ensure that state health and human services
policies and programs are responsive to changing consumer needs and to the
network of community providers that deliver assistive services and supports on
their behalf.
(b) Supervise the
administrations of federal and state medical assistance programs by acting as
the single state agency authorized under title XIX of the U.S. Social Security
act, 42 U.S.C. Section 1396a et seq., notwithstanding any general or public law
or regulation to the contrary, and exercising such single state agency
authority for such other federal and state programs as may be designated by the
governor. Nothing in this chapter shall
be construed as transferring to the secretary: (1) The powers, duties or
functions conferred upon the departments by Rhode Island general laws for the
administration of the foregoing federal and state programs; or (2) The
administrative responsibility for the preparation and submission of any state
plans, state plan amendments, or federal waiver applications, as may be
approved from time to time by the secretary with respect to the foregoing
federal and state programs.
42-7.2-4. Responsibilities of the secretary. --
(a) The secretary shall be responsible to the governor for supervising the
executive office of health and human services and for managing and
providing strategic leadership and direction to the five departments.
(b) Notwithstanding the provisions set forth in this chapter, the
governor shall appoint the directors of the departments within the executive
office of health and human services. Directors appointed to those departments
shall continue to be subject to the advice and consent of the senate and shall
continue to hold office as set forth in sections 42-6-1 et seq. and 42-72-1(c).
42-7.2-5. Duties of the secretary. --
The secretary shall be subject to the direction and supervision of the
governor for the oversight, coordination and cohesive direction of state
administered health and human services and in ensuring the laws are faithfully
executed, not withstanding any law to the contrary. In this capacity, the
Secretary of Health and Human Services shall be authorized to:
(a) Coordinate the administration and financing of health care
benefits, human services and programs including those authorized by the
Medicaid State Plan under Title XIX of the US Social Security Act. However, nothing
in this section shall be construed as transferring to the secretary the powers,
duties or functions conferred upon the departments by Rhode Island public and
general laws for the administration of federal/state programs financed in whole
or in part with Medicaid funds or the administrative responsibility for the
preparation and submission of any state plans, state plan amendments, or
authorized federal waiver applications.
(b) Serve as the governor's chief advisor and liaison to federal
policymakers on Medicaid reform issues as well as the principal point of
contact in the state on any such related matters.
(c) Review and ensure the coordination of any new departmental
waiver requests and renewals as well as any initiatives and proposals requiring
amendments to the Medicaid state plan with the potential to affect the scope,
amount or duration of publicly-funded health care services, provider payments
or reimbursements, or access to or the availability of benefits and services as
provided by Rhode Island general and public laws. The secretary shall consider
whether any such waivers or amendments are legally and fiscally sound and
consistent with the state's policy and budget priorities. The secretary shall
also assess whether a proposed waiver or amendment is capable of obtaining the
necessary approvals from federal officials and achieving the expected positive
consumer outcomes. Department directors shall, within the timelines specified,
provide any information and resources the secretary deems necessary in order to
perform the reviews authorized in this section;
(d) Beginning in 2006, prepare and submit to the governor, the
chairpersons of the house and senate finance committees, the caseload
estimating conference, and to the joint legislative committee for health
care oversight, by no later than December February 1 of each
year, a comprehensive overview of all Medicaid expenditures included in the
annual budgets developed by the departments.. outcomes, and utilization
rates. The overview shall include, but
not be limited to, the following information:
(1)Expenditures under titles xix and xxi of the social security
act, as amended;
(2) Expenditures, outcomes
and utilization rates by population and sub-population served (e.g. families with
children, children with disabilities, children in foster care, children
receiving adoption assistance, adults with disabilities, and the elderly);
(3) Expenditures, outcomes
and utilization rates by each state department or other municipal or public entity
receiving federal reimbursement under titles xix and xxi of the social security
act, as amended; and
(4) Expenditures, outcomes
and utilization rates by type of service and/or service provider.
The directors of the
departments, as well as local governments and school departments, shall
assist and cooperate with the secretary in fulfilling this responsibility by
providing whatever resources, information and support shall be necessary.
(e) Resolve administrative, jurisdictional, operational, program,
or policy conflicts among departments and their executive staffs and make
necessary recommendations to the governor.
(f) Assure continued progress toward improving the quality, the
economy, the accountability and the efficiency of state-administered
health and human services. In this capacity, the secretary shall:
(1) Oversee Direct implementation of reforms in the
human resources practices of the departments that streamline and upgrade
services, achieve greater economies of scale and establish the coordinated
system of the staff education, cross- training, and career development services
necessary to recruit and retain a highly-skilled, responsive, and engaged
health and human services workforce;
(2) Encourage the departments to utilize consumer-centered
approaches to service design and delivery that expand their capacity to respond
efficiently and responsibly to the diverse and changing needs of the people and
communities they serve;
(3) Develop all opportunities to maximize resources by leveraging
the state's purchasing power, centralizing fiscal service functions related
to budget, finance, and procurement, centralizing communication, policy
analysis and planning, and information systems and data management and
standardizing contractual services, pursuing alternative funding sources
through grants, awards and partnerships and securing all available federal
financial participation for programs and services provided through the
departments; and
(4) Improve the coordination
and efficiency of health and human services legal functions by centralizing
adjudicative and legal services and overseeing their timely and judicious
administration.
(g) Ensure preparation of a coordinated Prepare and
integrate comprehensive budgets for the health and human services
departments; and any other functions and duties assigned to the
office. The budgets shall be submitted
to the state budget office by the secretary, for consideration by the governor,
on behalf of the state’s health and human services in accordance with the
provisions set forth in section 35-3-4 of the Rhode Island general laws.
(h) Improve the ability of departments to utilize Utilize
objective data to evaluate health and human services policy goals, resource use
and outcome evaluation and to perform short and long-term policy planning and
development.
(i) Foster the establishment Establishment of an
integrated approach to interdepartmental information and data management that
will facilitate the transition to consumer-centered system of state
administered health and human services.
(j) At the direction of the governor or the general assembly,
conduct independent reviews of state-administered health and human services
programs, policies and related agency actions and activities and assist the
department directors in identifying strategies to address any issues or areas
of concern that may emerge thereof. The department directors shall provide any
information and assistance deemed necessary by the secretary when undertaking
such independent reviews.
(k) Provide regular and timely reports to the governor and make
recommendations with respect to the state's health and human services agenda.
(l) Employ such personnel and contract for such consulting
services as may be required to perform the powers and duties lawfully conferred
upon the secretary.
(m) Implement the provisions of any general or public law or
regulation related to the disclosure, confidentiality and privacy of any
information or records, in the possession or under the control of the executive
office or the departments assigned to the executive office, that may be
developed or acquired for purposes directly connected with the secretary's
duties set forth herein.
(n) Hold the director of each
health and human services department accountable for their administrative,
fiscal and program actions in the conduct of the respective powers and duties
of their agencies.
42-7.2-6. Departments assigned to the executive office -- Powers and
duties. -- (a) The departments assigned to the secretary shall:
(1) Exercise their respective powers and duties in accordance with
their statutory authority and the general policy established by the governor or
by the secretary acting on behalf of the governor or in accordance with the
powers and authorities conferred upon the secretary by this chapter;
(2) Provide such assistance or resources as may be requested or
required by the governor and/or the secretary; and
(3) Provide such records and information as may be requested or
required by the governor and/or the secretary to the extent allowed under the
provisions of any applicable general or public law, regulation, or agreement
relating to the confidentiality, privacy or disclosure of such records or
information.
(4) Forward to the secretary
copies of all reports to the governor.
(b) Except as provided herein, no provision of this chapter or
application thereof shall be construed to limit or otherwise restrict the
department of children, youth and families, the department of elderly affairs,
the department of health, the department of human services, and the department
of mental health, retardation and hospitals from fulfilling any statutory
requirement or complying with any valid rule or regulation.
SECTION 2. Chapter
42-7.2 of the General Laws entitled "Office of Health and Human
Services" is hereby amended by adding thereto the following section:
42-7.2-6.1. Transfer of powers and functions.. – (a)
There are hereby transferred to the executive office of health and human
services the powers and functions of the departments with respect to the
following:
(1) By July 1, 2007, fiscal
services including budget preparation and review, financial management,
purchasing and accounting and any related functions and duties deemed necessary
by the secretary;
(2) By July 1, 2007, legal services including applying and interpreting
the law, oversight to the rule-making process, and administrative adjudication
duties and any related functions and duties deemed necessary by the secretary;
(3) By September 1, 2007,
communications including those functions and services related to government
relations, public education and outreach and media relations and any related
functions and duties deemed necessary by the secretary;
(4) By March 1, 2008, policy analysis
and planning including those functions and services related to the policy
development, planning and evaluation and any related functions and duties
deemed necessary by the secretary; and
(5) By June 30, 2008, information
systems and data management including the financing, development and
maintenance of all data-bases and information systems and platforms as well as
any related operations deemed necessary by the secretary;
(b) The secretary shall determine
in collaboration with the department directors whether the officers, employees,
agencies, advisory councils, committees, commissions, and task forces of the
departments who were performing such functions shall be transferred to the
office. Duties that are incidental to
the performance of the functions transferred to the office in subpart (a) shall
remain with the departments providing that the employees responsible thereof
are performing functions that have not been transferred.
(c) In the transference of such
functions, the secretary shall be responsible for ensuring:
(1) Minimal disruption of services
to consumers;
(2) Elimination of duplication of
functions and operations;
(3) Services are coordinated and functions
are consolidated where appropriate;
(4) Clear lines of authority are
delineated and followed;
(5) Cost-savings are achieved whenever
feasible;
(6) Program application and eligibility
determination processes are coordinated and, where feasible, integrated; and
(7)
State and federal funds available to the office and the entities therein are
alllocated and utilized for service delivery to the fullest extent possible.
Except as provided herein, no provision of
this chapter or application thereof shall be construed to limit or otherwise
restrict the departments of children, youth and families, human services,
elderly affairs, health, and mental health, retardation, and hospitals from
fulfilling any statutory requirement or complying with any regulation deemed
otherwise valid.
SECTION 3. Section
42-12-27 of the General Laws in Chapter 42-12 entitled "Department of
Human Services" is hereby amended to read as follows repealed in
its entirety:
42-12-27. Annual report of statewide Medicaid expenditures -- Health
and social outcomes. -- (a) The governor and the general
assembly hereby find and declare that statewide Medicaid program expenditures
were approximately $1.037 billion dollars during state fiscal year 1998, and
accounted for nearly twenty-eight percent (28%) of state's total annual
expenditures of $3.725 billion in fiscal year 1998, and are projected to
continue to be a significant percentage of the total annual state budget; that
those expenditures have a significant impact on the health, educational and
social fabric of the state; that although the department of human services has
been designated as the single state agency responsible to the federal
government and the state for the effective and efficient administration and
supervision of the state's Medicaid program, as well as to provide assurances of
statewide accessibility to a comprehensive system of high-quality health care
services, only two-thirds (2/3) of total Medicaid expenditures is appropriated
to and directly administered by the department of human services, while the
remaining one-third (1/3) is appropriated to other departments within state
government. The governor and the general assembly further recognize that policy
makers may not have the benefit of a comprehensive and consolidated depiction
of the total impact of the Medicaid program on Rhode Island children and
families, adults with disabilities and the elderly; and, that policy makers
should require a higher level of assurance that the funds are used to enhance
health service accessibility, delivery and outcomes, as well as to improve the
fiscal integrity and accountability for Medicaid expenditures.
(b) The governor and the general assembly further find and declare
that a well-coordinated comprehensive financing and service delivery system
that specifically addresses the interfaces between other health, social, and
educational programs, including those administered at the municipal and
community level, is essential.
(c) Wherefore, the governor and general assembly direct the
director of the department of human services, as the administrator of the
single state agency for the Medicaid program in Rhode Island, to issue a report
to the governor, to the general assembly and to the caseload estimating
conference established under section 15-17-1, no later than March 31, 2000, and
by March 31st of each year thereafter, of expenditures and outcomes over time
for the Medicaid program as a whole, including but not limited to the following
information:
(1) expenditures under Titles XIX and XXI of the Social Security
Act, as amended;
(2) expenditures and outcomes by population and sub-population
served (e.g. families with children, children with disabilities, children in
foster care, children receiving adoption assistance, adults with disabilities,
and the elderly);
(3) expenditures and outcomes by each state department or other
municipal or public entity receiving federal reimbursement under Titles XIX and
XXI, and
(4) expenditures and outcomes by type of service and/or service
provider.
SECTION 4. It is the intent
of the general assembly to reform and make uniform the process of the selection
of magistrates and the terms and conditions under which they shall serve. The
provisions in this act which establish a ten (10) year term, shall apply to any
vacancy which occurs after the date of passage and shall also apply to any
magistrate position which completes its statutory term after the date of
passage of this act. Any magistrate in service as of the effective date of this
act who was appointed to his or her position with life tenure or for a term of
years shall continue to serve in accordance with the terms of that appointment.
It is the intent of the general assembly that this act shall determine the
rights and duties of court magistrates superseding any act or rule in conflict
with the provisions of this act.
SECTION 5. Section
8-2-11.1 of the General Laws in Chapter 8-2 entitled "Superior Court"
is hereby amended to read as follows:
8-2-11.1. Administrator/magistrate. --
(a) Any person holding the position of administrative clerk in the superior
court who is a member of the bar of Rhode Island may be appointed
administrator/magistrate for a term of ten (10) years and until a successor
is appointed and qualified, by the presiding justice, with the advice
and consent of the senate, in his or her capacity as administrative judge. Nothing
herein shall be construed to prohibit the assignment of an
administrator/magistrate to more than one such term, subject to the advice and
consent of the senate.
(b) (1) The administrator/magistrate shall have the power to hear
and determine such matters as may be assigned to the administrator/magistrate
by the presiding justice all to the same effect as if done by a justice of the
superior court.
(2) Without limiting the generality of the foregoing powers and
authority, the administrator/magistrate is authorized and empowered to hear and
determine motions in civil and criminal proceedings, formal and special causes,
to conduct arraignments, to grant or deny bail, to accept pleas of not guilty,
guilty, or nolo contendere, and to impose sentence on a plea of guilty or nolo
contendere, all to the same effect as if done by a justice of the superior
court.
(c) The administrator/magistrate may be authorized:
(1) To regulate all proceedings before him or her;
(2) To do all acts and take all measures necessary or proper for
the efficient performance of his or her duties;
(3) To require the production before him or her of books, papers,
vouchers, documents, and writings;
(4) To rule upon the admissibility of evidence;
(5) To issue subpoenas for the appearance of witnesses, to put
witnesses on oath, to examine them, and to call parties to the proceeding and
examine them upon oath;
(6) To adjudicate a person in contempt and to order him or her
imprisoned for not more than seventy-two (72) hours, pending review by a
justice of the court, for failure to appear in response to a summons or for
refusal to answer questions or produce evidence or for behavior disrupting a
proceeding;
(7) To adjudicate a party in contempt and to order him or her
imprisoned for not more than seventy-two (72) hours, pending review by a
justice of the court, for failure to comply with a pending order to provide
payment or to perform any other act; and
(8) To issue a capias and/or body attachment upon the failure of a
party or witness to appear after having been properly served and, should the
court not be in session, the person apprehended may be detained at the adult
correctional institution, if an adult, or at the Rhode Island training school
for youth, if a child, until the next session of the court.
(d) A party aggrieved by an order entered by the
administrator/magistrate shall be entitled to a review of the order by a
justice of the superior court. Unless otherwise provided in the rules of
procedure of the court, the review shall be on the record and appellate in
nature. The court shall, by rules of procedure, establish procedures for review
of orders entered by the administrator/magistrate, and for enforcement of
contempt adjudications of the administrator/magistrate.
(e) Final orders of the superior court entered in a proceeding to
review an order of the administrator/magistrate may be appealed to the supreme
court.
(f) The administrator/magistrate shall be:
(1) Governed by the commission on judicial tenure and discipline,
chapter 16, of this title, in the same manner as justices and judges;
(2) Subject to all provisions of the canons of judicial ethics;
(3) Subject to all criminal laws relative to judges by virtue of
sections 11-7-1 and 11-7-2.
SECTION 6. Sections
8-2-39, 8-2-39.1 and 8-2-39.2 of the General Laws in Chapter 8-2 entitled
"Superior Court" are hereby amended to read as follows:
8-2-39. General magistrate -- Appointment, duties and powers. --
(a) There is hereby created within the superior court the position of general
magistrate who shall be appointed by the chief presiding justice
of the supreme superior court, with the advice and consent of
the senate, for a term of ten (10) years and until a successor is appointed and
qualified. Nothing herein shall be construed to prohibit the assignment of the
general magistrate to more than one such term, subject to the advice and
consent of the senate. The person appointed to serve as general magistrate
shall be a member of the bar of Rhode Island. The powers and duties of the
general magistrate shall be prescribed
in the order appointing him or her.
(b) (1) The general magistrate shall assist the court in:
(i) The determination of, monitoring, collection, and payment of
restitution and court ordered fines, fees, and costs or the ordering of
community service in lieu of or in addition to the payment of restitution, fines,
fees, and costs, consistent with other provisions of the general laws;
(ii) The determination and payment of claims under the violent
crimes indemnity fund for the Criminal Injuries Compensation Act of 1972,
chapter 25 of title 12;
(iii) The determination and payment of claims from the Criminal
Royalties Distribution Act of 1983, chapter 25.1 of title 12; and
(iv) Such other matters as the chief presiding
justice of the supreme superior court in consultation with the
presiding justice and, if applicable, the chief justice of the receiving court
determines are necessary.
(2) The chief justice of the supreme court, with the consent of
the presiding justice and, if applicable, the chief judge of a particular
court, may assign the general magistrate to serve as a magistrate in any
court of the unified system. When the general magistrate is so assigned he or
she shall be vested, authorized, and empowered with all the powers belonging to
the justices or judges magistrate position to which he or she is
specially assigned.
(c) The general magistrate will be empowered to hear all motions,
pretrial conferences, arraignments, probable cause hearings, bail hearings,
bail and probation revocation hearings, and to review all such matters
including, but not limited to the above, and to modify the terms and conditions
of probation and other court-ordered monetary payments including, but not
limited to, the extension of time for probation and court-ordered monetary
payments as provided by law. The general magistrate shall have the power to
take testimony in connection with all matters set forth herein.
(d) The general magistrate may be authorized:
(1) To regulate all proceedings before him or her;
(2) To do all acts and take all measures necessary or proper for
the efficient performance of his or her duties;
(3) To require the production before him or her of books, papers,
vouchers, documents, and writings;
(4) To rule upon the admissibility of evidence;
(5) To issue subpoenas for the appearance of witnesses, to put
witnesses on oath, to examine them, and to call parties to the proceeding and
examine them upon oath;
(6) To adjudicate a person in contempt and to order him or her
imprisoned for not more than seventy-two (72) hours, pending review by a
justice of the relevant court, for failure to appear in response to a summons
or for refusal to answer questions or produce evidence or for behavior
disrupting a proceeding;
(7) To adjudicate a party in contempt and to order him or her
imprisoned for not more than seventy-two (72) hours, pending review by a
justice of the relevant court, for failure to comply with a pending order to
provide payment or to perform any other act; and
(8) To issue a capias and/or body attachment upon the failure of a
party or witness to appear after having been properly served and, should the
court not be in session, the person apprehended may be detained at the adult
correctional institutions, if an adult, or at the Rhode Island training school
for youth, if a child, until the next session of the court.
(e) A party aggrieved by an order entered by the general
magistrate shall be entitled to a review of the order by a justice of the
relevant court. Unless otherwise provided in the rules of procedure of the
court, such review shall be on the record and appellate in nature. The court
shall, by rules of procedure, establish procedures for review of orders entered
by a general magistrate, and for enforcement of contempt adjudications of a
general magistrate.
(f) Final orders of the superior or family court entered in a proceeding
to review an order of a general magistrate may be appealed to the supreme
court. Final orders of the district court entered in a proceeding to review an
order of the general magistrate may be appealed to the superior court.
(g) The general magistrate shall:
(1) Receive all credits and retirement allowances as afforded
justices under chapter 3 of this title and any other applicable law, including
without limitation, section 8-3-16;
(2) Receive a salary equivalent to that of a district court judge and
be subject to the unclassified pay plan board;
(3) Hold office for life during good behavior; (Repealed)
(4) Be governed by the commission on judicial tenure and
discipline, chapter 16, of this title, in the same manner as justices and
judges;
(5) Be subject to all provisions of the canons of judicial ethics
or code of judicial conduct;
(6) Be subject to all criminal laws relative to judges by virtue
of sections 11-7-1 and 11-7-2.
(h) The provisions of this section shall be afforded liberal
construction.
(i) The chief presiding justice of the supreme
superior court shall initially appoint such support staff as may be
necessary, relating to preparation, investigation, and implementation of
the general magistrate's functions. Effective November 15, 1993, the
support staff shall be placed under the supervision and management of the
superior court, and new appointments or personnel changes in the support staff
shall be subject to the directions and approval of the superior court,
consistent with any applicable collective bargaining agreements. The general
magistrate shall have the power and authority to issue subpoenas and to compel
the attendance of witnesses at any place within the state, to administer oaths
and to require testimony under oath. The general magistrate, or his or her
designee, may serve his or her process or notices in a manner provided for the
service of process and notice in civil or criminal actions in accordance with
the rules of court.
8-2-39.1. Special magistrate. -- There is hereby created
within the superior court the position of special magistrate, who shall be
appointed by the presiding justice of the superior court, with the advice and
consent of the senate, for a period of ten (10) years, and until a successor is
appointed and qualified. Nothing contained herein shall be construed to
prohibit the reappointment of a special magistrate for one or more additional
ten (10) year terms, subject to the advice and consent of the senate.
The person appointed to serve as special magistrate shall be a member of the
bar of the state of Rhode Island. The special magistrate shall have the duties,
responsibilities, powers and benefits as authorized in section8-2-39.
8-2-39.2. Drug court magistrate -- Appointment, duties and powers. --
(a) There is hereby created within the superior court the position of Drug
Court Magistrate who shall be appointed by the presiding justice of the
superior court, with the advice and consent of the senate. The person
persons appointed to serve as Drug Court Magistrate Magistrates
shall be a member members of the bar of Rhode Island. The powers
and duties of the Drug Court Magistrate shall be prescribed in the order
appointing him or her in addition to those described herein.
The Drug Court Magistrate's term shall be ten (10) not exceed
three (3) years and until a successor is appointed and qualified. His
or her salary shall be paid not out of state funds, but rather from those funds
made available from the federal government. If federal funds become available
after the expiration of three (3) years, nothing Nothing in this
article shall prohibit the a Drug Court Magistrate from being
reappointed for additional three (3) ten (10) year terms by the
presiding justice of the superior court with the advice and consent of the
senate. He or she shall receive a salary equivalent to that received by the
special magistrate assigned to the superior court.
(b) The Drug Court Magistrate shall be empowered to hear and
decide as a superior court justice all matters relating to those adult
offenders who come before the jurisdiction of the superior court on any offense
relating to the offender's participation in the Adult Drug Court. In addition,
the Drug Court Magistrate shall have the power to impose a period of
incarceration upon a plea of guilty or nolo contendere, and also have the power
to confine any person who has been found to be in violation of any conditions
previously imposed by the superior court.
(c) The Drug Court Magistrate shall be empowered to hear and
decide as a superior court justice all matters that may come before the
superior court pursuant to chapter 37.1 of title 11 "Sexual Offender
Registration and Community Notification."
(d) The Drug Court Magistrate and/or the presiding justice of the
superior court may fix the venue of any person who is before the superior court
as a participant in the Adult Drug Court or who is alleged to be a sexual
predator, and who has filed an objection to community notification.
(e) The Drug Court Magistrate shall be governed by the commission
on judicial tenure and discipline, chapter 16 of title 8 in the same manner as
justices and judges; shall be subject to all provisions of the canons of
judicial ethics or code of judicial conduct; and shall be subject to all
criminal laws relative to judges by virtue of sections 11-7-1 and 11-7-2.
(f) A party aggrieved by an order entered by the Drug Court
Magistrate shall be entitled to a review of the order by a justice of the
Superior Court. Unless otherwise provided in the rules of procedure of the
court, such review shall be on the record and appellate in nature. The Superior
Court shall, by rules of procedure, establish procedures for reviews of orders
entered by a Drug Court Magistrate, and for enforcement of contempt
adjudications of a Drug Court Magistrate.
SECTION 7. Sections
8-8-8.1 and 8-8-16.2 of the General Laws in Chapter 8-8 entitled "District
Court" are hereby amended to read as follows:
8-8-8.1. Administrator/clerk -- Magistrate. --
(a) Administrator/clerk. - There shall be a district court administrator/clerk
who shall be appointed by the chief judge in his or her capacity as
administrative head of the court, and who shall hold office at the pleasure of
the administrative judge. The administrator/clerk shall perform such duties and
attend to such matters as may be assigned to the administrator/clerk by the
administrative judge, other than those duties assigned to the chief clerk in
section8-8-19. Said duties may be assigned by the chief judge. both
as to the district court established by this chapter and as to the traffic
tribunal established by chapter 8.2 of this title.
(b) Magistrate. - Any person holding the position of district
court administrator/clerk who is a member of the bar of Rhode Island may be
appointed district court magistrate by the chief judge in his or her capacity
as administrative head of the court, subject to the advice and consent of the
senate. The district court magistrate shall hold said office for a term of twelve
(12) ten (10) years and until a successor is appointed and
qualified; and the magistrate shall retain whatever right he or she may have to
the position of district court administrator/clerk pursuant to this section.
Nothing herein shall be construed to prohibit the appointment of the magistrate
for more than one term, subject to the advice and consent of the senate.
Any person holding office of district court magistrate on July 1, 1999 may
continue in full authority in said position until such time as an appointment
is made and the nominee qualified pursuant to this subsection.
(c) The district court magistrate shall have the power to hear and
determine such matters as may be assigned to the district court magistrate by
the chief judge all to the same effect as if done by a judge of the district
court, including but not limited to:
(1) Matters relating to the determination of, monitoring,
collection, and payment of restitution and court ordered fines, fees, and costs
or the ordering of community service in lieu of or in addition to the payment
of restitution, fines, fees, and costs, consistent with other provisions of the
general laws;
(2) Arraignments and pretrial motions in misdemeanor, petty
misdemeanor, violation, and ordinance cases and initial appearances and
probable cause hearings in felony cases;
(3) Bail hearings pursuant to R.I. Const., Art. I, Sec. IX and all
other bail matters pursuant to chapter 13 of title 12 and the rules of criminal
procedure, including but not limited to motions to modify bail, bail revocation
hearings, bail forfeiture hearings, and bail source hearings;
(4) All matters relating to fugitives from justice pursuant to
chapter 9 of title 12;
(5) Probation revocation hearings;
(6) All matters relating to small claims and consumer claims
pursuant to chapter 16 of title 10, including any pretrial motions including
motions relating to the special service of process, the entry of defaults and
default judgments, the trial of such cases and the entry of judgment after such
trials, and all matters relating to the enforcement of such judgments,
including but not limited to the ordering of installment payments and trustee
process; and
(7) Complaints for judicial review of the decision of an
administrative agency pursuant to chapter 35 of title 42 by making proposed
findings of fact and recommendations for the disposition of the complaints to a
judge of the court. Any party may object to any portion of the magistrate's
proposed findings and recommendations within ten (10) days after receipt of a
copy thereof. That party shall file with the clerk of the sixth division of the
district court and serve on all parties written objections which shall
specifically identify the portions of the proposed findings and recommendations
to which objection is made and the basis for the objection. A judge shall make
a de novo determination of those portions to which objection is made and may
accept, reject, or modify, in whole or in part, the findings or recommendations
made by the magistrate. Absent a timely objection filed in accordance with this
subdivision, the proposed prevailing party shall, upon expiration of the ten
(10) days following the service of the magistrate's proposed findings and
recommendations, submit a proposed order for signature of the judge to whom the
case has been assigned.
(8) All matters heard pursuant to chapter 8.2 of this title, in
the traffic tribunal.
(d) The magistrate may be authorized:
(1) To regulate all proceedings before him or her;
(2) To do all acts necessary or proper for the efficient
performance of his or her duties;
(3) To require the production before him or her of books, papers,
vouchers, documents, and writings;
(4) To rule upon the admissibility of evidence;
(5) To issue subpoenas for the appearance of witnesses, to put
witnesses on oath, to examine them, and to call parties to the proceeding and
examine them upon oath;
(6) To adjudicate a person in contempt and to order him or her
fined or to order him or her imprisoned for not more than seventy-two (72)
hours, pending review by a judge of the court, for failure to appear in
response to a summons or for refusal to answer questions or produce evidence or
for behavior disrupting a proceeding or other contempt of his or her authority;
(7) To adjudicate a person in contempt and to order him or her
fined or to order him or her imprisoned for not more than seventy-two (72)
hours, pending review by a judge of the court, for failure to comply with a pending
order to provide payment or to perform any other act;
(8) To issue a capias and/or body attachment for the failure of a
party or witness to appear after having been properly served or given notice by
the court and, should the court not be in session, the person apprehended may
be detained at the adult correctional institution, if an adult, or at the Rhode
Island training school for youth, if a child, until the next session of the
court;
(9) To issue writs of habeas corpus to bring before him or her or
a judge of the court any person in jail or in prison to be examined as a
witness in a suit or proceeding, civil or criminal, pending before the court,
or whose presence is necessary as a party or otherwise necessary so that the
ends of justice may be attained, and for no other purpose; and
(10) To issue warrants of arrest and search warrants to the same
extent as an associate judge of the court.
(e) Except as otherwise indicated, a party aggrieved by an order
entered by the district court magistrate shall be entitled to a review of the
order, whether by appeal or otherwise, in the same manner as if taken from
an order issued by a judge of the court; except, that any person
aggrieved by an adjudication of contempt by the magistrate shall be entitled to
a review by a judge of the court within seventy-two (72) hours. The court
shall, by rules of procedure, establish procedures for review of contempt and
adjudications of the magistrate.
(f) The magistrate shall be:
(1) Governed by the commission on judicial tenure and discipline,
chapter 16 of this title, in the same manner as justices and judges;
(2) Subject to all provisions of the canons of judicial ethics;
(3) Subject to all criminal laws relative to judges by virtue of
sections 11-7-1 and 11-7-2.
(g) The provisions of this section shall be afforded liberal
construction.
8-8-16.2. District court clerk/magistrate. --
(a) Any person who is a member of the bar of Rhode Island may be appointed
district court clerk/magistrate by the chief judge in his or her capacity as
administrative head of the court, subject to the advice and consent of the
senate. The district court clerk/magistrate shall hold that office for a term
of ten (10) years and until a successor is appointed and qualified. Nothing
herein shall be construed to prohibit the assignment of the district court
clerk/magistrate to more than one such term, subject to the advice and consent
of the senate. The district court clerk/magistrate shall have the power to
hear and determine any matters that may be assigned to the district court
clerk/magistrate by the chief judge all to the same effect as if done by a
judge of the district court, including, but not limited to, matters relating to
the determination of, monitoring, collection and payment of restitution and
court ordered fines, fees and costs or the ordering of community service in
lieu of or in addition to the payment of restitution, fines, fees and costs,
consistent with other provisions of the general laws. The clerk/magistrate
may be assigned to hear and decide cases within the traffic tribunal.
(b) The clerk/magistrate may be authorized:
(1) To regulate all proceedings before him or her;
(2) To do all acts necessary or proper for the efficient
performance of his or her duties;
(3) To require the production before him or her of books, papers,
vouchers, documents and writings;
(4) To rule upon the admissibility of evidence;
(5) To issue subpoenas for the appearance of witnesses, to put
witnesses on oath, to examine them and to call parties to the proceeding and
examine them upon oath;
(6) To adjudicate a person in contempt and to order him or her
fined or to order him or her imprisoned for not more than seventy-two (72)
hours, for failure to appear in response to a summons or for refusal to answer
questions or produce evidence or for behavior disrupting a proceeding or other
contempt of his or her authority; provided; however, that no such imprisonment
shall occur prior to review by a judge of the court.
(7) To adjudicate a person in contempt and to order him or her fined
or to order him or her imprisoned for not more than seventy-two (72) hours, for
failure to comply with a pending order to provide payment or to perform any
other act; provided, however, that no such imprisonment shall occur prior to
review by a judge of the court.
(8) To issue a capias and/or body attachment for the failure of a
party or witness to appear after having been properly served or given notice by
the court and, should the court not be in session, the person apprehended may
be detained at the adult correctional institutions, if an adult, or at the
Rhode Island training school for youth, if a child, until the next session of
the court;
(9) To issue writs of habeas corpus to bring before him or her or
a judge of the court any person in jail or in prison to be examined as a
witness in a suit or proceeding, civil or criminal, pending before the court,
or whose presence is necessary as a party or otherwise necessary so that the
ends of justice may be attained, and for no other purpose; and
(10) To issue warrants of arrest and search warrants to the same
extent as an associate judge of the court.
(c) Except as otherwise indicated, a party aggrieved by an order
entered by the district court clerk/magistrate shall be entitled to a review of
the order, whether by appeal or otherwise, in the same manner as if taken
from an order issued by a judge of the court; except, that any
person aggrieved by an adjudication of contempt by the district court
clerk/magistrate shall be entitled to a review by a judge of the court within
seventy-two (72) hours. The court shall, by rules of procedure, establish
procedures for review of contempt and adjudications of the clerk/magistrate.
(d) The district court clerk/magistrate shall:
(1) Be governed by the commission on judicial tenure and
discipline, pursuant to chapter 16 of this title, in the same manner as
justices and judges;
(2) Be subject to all provisions of the canons of judicial ethics;
(3) Be subject to all criminal laws relative to judges by virtue
of sections 11-7-1 and 11-7-2.
(4) Receive any salary that may be established by the
unclassified pay board, that may be established by the state court
administrator pursuant to section 8-15-4. The provisions of this section shall
be afforded liberal construction.
SECTION 8. Sections
8-8.2-1, 8-8.2-2, 8-8.2-3, 8-8.2-4, 8-8.2-5, 8-8.2-6, 8-8.2-9, 8-8.2-10 and
8-8.2-17 of the General Laws in Chapter 8-8.2 entitled "Traffic
tribunal" are hereby amended to read as follows:
8-8.2-1. Establishment -- Rule-making authority -- Adjudication of
violations. -- (a) There is hereby established a traffic tribunal which
shall be charged with the administration and adjudication of traffic violations
within its jurisdiction. The traffic tribunal shall be under the supervision of
the chief judge of the district court magistrate of the traffic
tribunal, who shall be the administrative head of the traffic tribunal and
shall have the power to make rules for regulating practice, procedure and business
within the traffic tribunal. Pursuant to section 8-6-2, said rules shall be
subject to the approval of the supreme court. Such rules, when effective, shall
supersede any statutory regulation in conflict therewith. Any person who has
been a member of the bar of Rhode Island may be appointed chief magistrate of
the traffic tribunal. The chief magistrate of the traffic tribunal shall be
appointed by the chief justice of the supreme court, with the advice and
consent of the senate, for a period of ten (10) years and until a successor is
appointed and qualified. Nothing contained herein shall be construed to
prohibit the reappointment of the chief magistrate for one or more ten (10)
year terms subject to the advice and consent of the senate. Compensation for the
chief magistrate shall be equal to that of an associate judge of the district
court.
(b) The judges and magistrates of the traffic tribunal shall hear
and determine cases as provided by law. No district court judge appointed
pursuant to chapter 8 of this title shall be assigned to perform duties of a
judge or magistrate of the traffic tribunal under this chapter. The chief
judge of the district court shall serve as the chief judge of the traffic
tribunal. The chief judge magistrate of the district court
traffic tribunal may appoint a judge or magistrate who is authorized to
hear and decide cases in the traffic tribunal to serve as administrative judge
or magistrate of the traffic tribunal and the administrative or judge
magistrate shall perform such administrative duties as may be delegated to him
or her by the chief judge magistrate.
(c)(i) Those judges of the administrative adjudication
court in active service on July 1, 1999 shall serve within the traffic
tribunal. Whenever the total number of judges and magistrates in the traffic
tribunal shall be less than seven (7), the chief judge magistrate
of the district court traffic tribunal, with the advice and
consent of the senate, may, as needed, assign a duly qualified member of the
bar of this state to act as a magistrate to fill such vacancy and shall submit
his or her name to the senate for confirmation; provided, however, that in the event of a vacancy in
the position of chief magistrate, the chief justice of the supreme court shall
appoint a successor in accordance with subsection 8-8.2-1(a). Any
magistrate assigned under this section shall serve a term of eight (8) ten
(10) years and until a successor is appointed and qualified, and
shall be in the unclassified service of the state. Nothing herein shall be
construed to prohibit the assignment of a magistrate to more than one such
term, subject to the advice and consent of the senate. Compensation for any
such magistrate shall be determined by the unclassified pay plan board determined
by the chief magistrate of the traffic tribunal subject to appropriation by the
general assembly but in no event shall the compensation be equal to or more
than that of an associate judge of the district court. Magistrates of the
traffic tribunal shall participate in the state retirement system in the same
manner as all members of the unclassified service.
(ii) If any judge of the
traffic tribunal shall retire, or a vacancy becomes available through death,
disability or any other reason, the position shall be filled by a magistrate
consistent with the provisions of this section.
(d) Each judge and magistrate of the traffic tribunal shall devote
full time to his or her judicial duties, except as may be otherwise provided by
law. He or she shall not practice law while holding office, nor shall he or she
be a partner or associate of any person in the practice of law.
(e) Judges and magistrates of the traffic tribunal shall be
subject to the provisions of R.I. Const. Art. XI; to the code of judicial
conduct or successor code promulgated by the supreme court of this state, to
the jurisdiction of the Commission on Judicial Tenure and Discipline in
accordance with chapter 16 of this title; and to the administrative authority
and control of the chief justice of the supreme court in accordance with
chapter 15 of this title, except that section 8-15-3 and 8-15-3.1 shall
not apply to judges and/or magistrates of the traffic tribunal.
(f) The traffic tribunal shall be a tribunal of record and shall
have a seal with such words and devices as it shall adopt.
(g) Judges and magistrates of the traffic tribunal shall have the
power to administer oaths and affirmations.
(h) Administrative/supervisory officials. - (1) There shall be an
assistant to the administrative judge or magistrate of the traffic
tribunal who shall be appointed by and serve at the pleasure of the chief judge
magistrate and who shall perform such clerical and administrative duties
as may be assigned to him or her by the chief judge of the district court
magistrate of the traffic tribunal and the administrative judge or
magistrate of the traffic tribunal. The assistant to the administrative judge
or magistrate shall have the power to administer oaths and affirmations within
the state.
(2) There shall be a clerk of the traffic tribunal who shall be
appointed by and serve at the pleasure of the chief judge of the district
court magistrate of the traffic tribunal; provided, however, that,
effective July 1, 1999, the first clerk of the traffic tribunal shall be that
person holding the position of administrator/clerk of the administrative
adjudication court as of May 1, 1998, and that person shall hold office for the
balance of a term of twelve (12) years which began on September 1, 1992,
without the necessity of appointment by the governor or advice and consent of
the senate. The clerk of the traffic tribunal shall exercise his or her
functions under the direction and control of the chief judge magistrate
of the district court traffic tribunal and the administrative
judge or magistrate or of the traffic tribunal. The clerk of the
traffic tribunal shall have the power to administer oaths and affirmations
within the state.
(i) Clerical Personnel/Court Recorders. - (1) The chief judge
of the district court magistrate of the traffic tribunal shall
appoint deputy clerks and assistance clerks for the traffic tribunal to serve
at his or her pleasure. All such clerks may administer oaths and affirmations
within the state.
(2) The chief judge of the district court magistrate of
the traffic tribunal shall appoint sufficient court recorders to enable all
proceedings to be recorded by electronic means and who shall assist in such
other clerical duties as may be prescribed from time to time by the chief judge
of the district court magistrate
of the traffic tribunal.
(3) The chief judge of the district court magistrate of
the traffic tribunal shall employ such clerical assistants in addition to
deputy clerks as may be required in the traffic tribunal to perform clerical
duties.
8-8.2-2. Jurisdiction. -- (a) Notwithstanding any
inconsistent provision of law, all probationary license hearings as provided in
section 31-10-26, all violations of the department of transportation,
department of environmental management or board of governors for higher
education regulations regarding parking, standing, or stopping in areas under
the jurisdiction of said agencies, all violations of state statutes relating to
motor vehicles, littering and traffic offenses, except those traffic offenses
committed in places within the exclusive jurisdiction of the United States, and
except driving so as to endanger resulting in death, driving so as to endanger
resulting in personal injury, driving while under the influence of liquor or
drugs, driving while under the influence of liquor or drugs resulting in death,
driving while under the influence of liquor or drugs resulting in serious
bodily injury, reckless driving and other offenses against public safety as
provided in section 31-27-4, eluding a law enforcement officer with a motor
vehicle in a high speed pursuit, driving after denial, suspension or revocation
of license, and leaving the scene of an accident in violation of section
31-26-1 and section 31-26-2, and driving without the consent of the owner and
possession of a stolen motor vehicle in violation of section 31-9-1 and section
31-9-2, shall be heard and determined by the traffic tribunal pursuant to the
regulations promulgated by the chief judge of the district court magistrate
of the traffic tribunal; provided, however, the traffic tribunal shall not
hear any parking, standing or stopping violations which occur in any city or
town which has established its own municipal court and has jurisdiction over
such violations. Nothing contained herein shall abrogate the powers of the
Rhode Island family court under the provisions of chapter 1 of title 14.
(b) Notwithstanding any inconsistent provision of law, the traffic
tribunal shall have concurrent jurisdiction to hear and determine, pursuant to
rules and regulations promulgated by the chief judge of the district court
magistrate of the traffic tribunal, all violations of any ordinances,
rules and regulations governing the public waters and the speed, management and
control of all vessels and the size, type and location and use of all
anchorages and moorings within the jurisdiction of the towns of North
Kingstown, South Kingstown, Portsmouth, Middletown, Narragansett and Tiverton
enforced and supervised by the harbormaster and referred to the traffic
tribunal, and the terms "traffic violations" and "traffic
infraction" when used in this chapter shall include the aforesaid
violations and such violations shall be adjudicated in accordance with the
provisions of this chapter. Nothing contained herein shall abrogate the powers
of the Rhode Island coastal management council under the provisions of chapter
23 of title 46.
8-8.2-3. Collection authority -- Contempt. --
(a) A judge or magistrate shall have the authority to enforce the judgments of
the tribunal as authorized by law. The procedure for the collection of costs
and fines shall generally follow the course of the collection of civil
judgments pursuant to chapters 17 and 28 of title 9 to the extent applicable. A
judge or magistrate shall not issue a body attachment for any judgment entered
prior to the effective date of this section. All peace officers authorized by
the law shall exercise the powers of a constable for purposes of making service
of any writ or notice issued by the traffic tribunal pursuant to this
collection procedure, including the execution of a body attachment. In the
event that a body attachment is executed, the detainee must be brought before a
judge or magistrate, or if the traffic tribunal is not in session before a
justice of the peace authorized pursuant to section 12-10-2 immediately upon
detention or as soon thereafter as is reasonably practicable. The amount of
fees and fines due to the traffic tribunal shall be noted on a body attachment
issued pursuant to this procedure, and a justice of the peace shall accept said
monies and order the release of the detainee if the amount due is tendered. If
the detainee claims an inability to pay the full amount due, the justice of the
peace shall order the release of the detainee pursuant to reasonable bail. The
chief judge of the district court magistrate of the traffic tribunal
shall issue rules and regulations for the collection process consistent with
this section.
(b) A judge or magistrate of the traffic tribunal may adjudicate a
person in willful contempt and order him or her fined up to a maximum of five
hundred dollars ($500) for each separate offense. Provided further that, if the
judge or magistrate determines that the person is unable to pay the fine or
judgment, he or she may order partial payments or establish a payment schedule
for the payment of the fine or judgment.
8-8.2-4. Subpoena. -- (a) The traffic tribunal
through its judges, magistrates and clerks is hereby authorized and empowered
to summon defendants and issue subpoenas to the same extent as they may be
issued by the district court in civil cases in such forms as may be prescribed
by rules promulgated by the chief judge of the district magistrate of
the traffic tribunal pursuant to section 8-6-2.
(b) Notaries public and justices of the peace may issue subpoenas
returnable before the traffic tribunal to the same extent that they are
authorized to do so in civil cases pending before the district court.
8-8.2-5. Security officers -- Powers. --
(a) All full time security officers employed by the traffic tribunal shall have
the same immunities and may exercise all powers of sheriffs, city and town
police officers, and constables when the security officers are enforcing the
laws of this state, and all rules and regulations of the traffic tribunal upon
the lands and buildings owned or occupied by the traffic tribunal upon streets
and highways immediately adjacent to those lands or when in attendance with a
judge or magistrate.
(b) All security officers shall be required to attend the Rhode
Island municipal police academy for a period of forty (40) hours for the
purpose of training in law enforcement.
(c) When any person is suspected of having committed a felony the
superintendent of state police shall be notified following the suspected
felon's arrest.
(d) When acting as a constable with the authorization of the Chief
Judge Magistrate, he or she may exercise all powers under Rhode
Island sections 8-8-12(10) and 8-8-23.
8-8.2-6. Retirement of judges on reduced pay. -- (a)
Whenever any person engaged as a judge on or before July 2, 1997, has served as
a judge of the administrative adjudication court or as a judge of the
administrative adjudication court who is reassigned by this chapter to the
traffic tribunal for twenty (20) years, or has so served for ten (10) years and
has reached the age of sixty five (65) years, the judge may retire from active
service and, thereafter, the judge shall receive annually during life a sum
equal to three fourths (3/4) of the annual salary that the judge was receiving
at the time of retirement; provided, however, any person who has served for
twenty (20) years and has reached the age of sixty five (65) years, or has so
served for fifteen (15) years and reached the age of seventy (70) years, may
retired from active service and, thereafter, the judge shall receive annually
during his or her life a sum equal to the annual salary he or she was receiving
at the time of his or her retirement. In determining eligibility under this
section, any judge who has served within the judiciary or as a hearing officer
or administrative law judge, may include such service as if the service had
been on the administrative adjudication court and shall be included under the
provisions of section 36-9-5.
(b) Any judge who shall retire in accordance with the provisions
of this section may at his or her request, and at the direction of the chief
justice of the supreme court subject to the retiree's physical and mental
competence, be assigned to perform such services as a judge or magistrate in
the traffic tribunal as the chief judge of the district court magistrate
of the traffic tribunal or the chief justice shall prescribe. When so
assigned and performing that service, he or she shall have all the powers and
authority of a judge or magistrate. A retired judge shall not be counted in the
number of magistrates provided by law for the traffic tribunal nor shall he or
she receive any further emolument other than his or her retirement pay for the
performance of the aforesaid services.
8-8.2-9. Retirement of judges on reduced pay. --
(a) Whenever any person first engaged as a judge subsequent to July 2, 1997,
has served as a judge of the administrative adjudication court or as a judge of
the administrative adjudication court who is reassigned by this chapter to the
traffic tribunal for twenty (20) years, or has so served for ten (10) years and
has reached the age of sixty five (65) years, the judge may retire from active
service and, thereafter, the judge shall receive annually during life a sum
equal to three fourths (3/4) of his or her average highest three (3)
consecutive years of compensation; provided, however any such person who has
served twenty (20) years and has reached the age sixty five (65) or has served
fifteen (15) years and has reached the age of seventy (70) years, may retire
from active service and, thereafter, the judge shall receive annually during
life a sum equal to his or her average highest three (3) consecutive years of
compensation. In determining eligibility under this section, any judge who has
served within the judiciary or as a hearing officer or administrative law
judge, may include such service as if the service had been on the
administrative adjudication court and shall be included under the provision of
section 36-9-5.
(b) Any judge who shall retire in accordance with the provisions
of this section may at his or her own request, and at the direction of the
chief justice of the supreme court subject to the retiree's physical and mental
competence, be assigned to perform such services as a magistrate in the traffic
tribunal as the chief judge magistrate or chief justice shall
prescribe. When so assigned and performing that service, he or she shall have
all the powers and authority of a magistrate. A retired judge shall not be
counted in the number of magistrates provided by law for the division of
traffic adjudication nor shall he or she receive any further emolument other
than his or her retirement pay for the performance of the aforesaid services.
8-8.2-10. No incremental retirement benefit for temporary service as
chief justice, presiding justice or chief judge. – No incremental retirement benefit for
temporary service as chief justice, presiding justice or chief judge or chief
magistrate. -- No increment in
salary resulting from the application of personnel rule 4.0217 or any other or
successor rule or regulation providing for an increment in salary for temporary
service as chief justice, presiding justice or chief judge magistrate
shall be construed to add to the annual salary of a judicial officer for
purposes of retirement under section 8-8.2-6 or section 8-8.2-9.
8-8.2-17. Continued service. --
Any person appointed as magistrate of the traffic tribunal pursuant to the provisions
of P.L. 1998. ch. 91, article 2, shall continue to serve in such capacity in
the traffic tribunal for a term of eight (8) years from the date of his or her
appointment and shall be governed by the provisions of section 8-8.2-1, as
enumerated in article 4 of this act and as amended.
SECTION 9. Sections
8-10-3, 8-10-3.1 and 8-10-3.2 of the General Laws in Chapter 8-10 entitled
"Family Court" are hereby amended to read as follows:
8-10-3. Establishment of court -- Jurisdiction -- Seal -- Oaths -- Masters. – Establishment of court – Jurisdiction –
Seal – Oaths. -- (a) There is hereby established a
family court, consisting of a chief judge and eleven (11) associate justices,
to hear and determine all petitions for divorce from the bond of marriage and
from bed and board; all motions for allowance, alimony, support and custody of
children, allowance of counsel and witness fees, and other matters arising out
of petitions and motions relative to real and personal property in aid thereof,
including, but not limited to, partitions, accountings, receiverships,
sequestration of assets, resulting and constructive trust, impressions of
trust, and such other equitable matters arising out of the family relationship,
wherein jurisdiction is acquired by the court by the filing of petitions for
divorce, bed and board and separate maintenance; all motions for allowance for
support and educational costs of children attending high school at the time of
their eighteenth (18th) birthday and up to ninety (90) days after high school
graduation, but in no case beyond their nineteenth (19th) birthday; enforcement
of any order or decree granting alimony and/or child support, and/or custody
and/or visitation of any court of competent jurisdiction of another state;
modification of any order or decree granting alimony and/or custody and/or
visitation of any court of competent jurisdiction of another state on the
ground that there has been a change of circumstances; modification of any order
or decree granting child support of any court of competent jurisdiction of
another state provided: (1) the order has been registered in Rhode Island for
the purposes of modification pursuant to section 15-23.1-611, or (2) Rhode
Island issued the order and has continuing exclusive jurisdiction over the
parties; antenuptial agreements, property settlement agreements and all other
contracts between persons, who at the time of execution of the contracts, were
husband and wife or planned to enter into that relationship; complaints for
support of parents and children; those matters relating to delinquent, wayward,
dependent, neglected, or children with disabilities who by reason of any
disability requires special education or treatment and other related services;
to hear and determine all petitions for guardianship of any child who has been
placed in the care, custody, and control of the department for children, youth,
and families pursuant to the provisions of chapter 1 of title 14 and chapter 11
of title 40; adoption of children under eighteen (18) years of age; change of
names of children under the age of eighteen (18) years; paternity of children
born out of wedlock and provision for the support and disposition of such
children or their mothers; child marriages; those matters referred to the court
in accordance with the provisions of section 14-1-28; those matters relating to
adults who shall be involved with paternity of children born out of wedlock;
responsibility for or contributing to the delinquency, waywardness, or neglect
of children under sixteen (16) years of age; desertion, abandonment, or failure
to provide subsistence for any children dependent upon such adults for support;
neglect to send any child to school as required by law; bastardy proceedings
and custody to children in proceedings, whether or not supported by petitions
for divorce or separate maintenance or for relief without commencement of
divorce proceedings; and appeals of administrative decisions concerning setoff
of income tax refunds for past due child support in accordance with sections
44-30.1-5 and 40-6-21. The holding of real estate as tenants by the entirety
shall not in and of itself preclude the family court from partitioning real
estate so held for a period of six (6) months after the entry of final decree
of divorce.
(b) The family court shall be a court of record and shall have a
seal which shall contain such words and devices as the court shall adopt.
(c) The judges and clerk of the family court shall have power to
administer oaths and affirmations.
(d) The chief judge of the family court is hereby empowered to
appoint experienced members of the Rhode Island bar as masters for the purpose
of assisting the family court in matters pertaining to delinquent support
payments and the taking of testimony in conducting all hearings relative to
responsible persons who are not living up to their support obligations. The
chief judge of the family court is also authorized to appoint masters in
related matters pertaining to the collection of delinquent support payments
from these responsible persons.
(e) (d)
The family court shall have exclusive initial jurisdiction of all appeals from
any administrative agency or board affecting or concerning children under the
age of eighteen (18) years and appeals of administrative decisions concerning
setoff of income tax refunds, lottery set offs, insurance intercept, and lien
enforcement provisions for past due child support, in accordance with sections
44-30.1-5 and 40-6-21, and appeals of administrative agency orders of the
department of human services to withhold income under chapter 16 of title 15.
(f) (e) The family court shall have jurisdiction
over those civil matters relating to the enforcement of laws regulating child
care providers and child placing agencies.
(g) (f) The family court shall have exclusive
jurisdiction of matters relating to the revocation or nonrenewal of a license
of an obligor due to noncompliance with a court order of support, in accordance
with chapter 11.1 of title 15.
[See section 12-1-15 of the General Laws.]
8-10-3.1. Magistrates -- Appointment, duties, and powers. --
(a) The chief judge of the family court may appoint magistrates, with
the advice and consent of the senate, to assist the court in the conduct of
its business. A person appointed to serve as a magistrate shall be a member of
the bar of Rhode Island. The powers and duties of magistrates shall be
prescribed in the order appointing them.
(b) In addition, the chief judge of the family court may appoint
magistrates to assist the court in the enforcement and implementation of
chapter 23.1 of title 15, and to assist the family court in matters pertaining
to hearings in accordance with section8-10-4, chapter 1 of title 14, chapter 8
of title 15, chapter 11 of title 40, and chapter 5 of title 40.1. The
magistrate will be empowered to hear all motions, pretrial conferences,
arraignments of juvenile offenders, probable cause hearings, and review of all
such matters, including but not limited to, the temporary placement, custody,
disposition and adoption of children, and the taking of testimony in conducting
all hearings relative thereto.
(c) The magistrates shall serve at the pleasure of the
chief judge a term of ten (10) years and until a successor is
appointed and qualified and his or her powers and duties shall be
prescribed in the order appointing him or her or in the rules of procedure of
the family court. Nothing herein shall be construed to prohibit the
assignment of a magistrate to more than one such term, subject to the advice
and consent of the senate. The special magistrates may be
authorized:
(1) To regulate all proceedings before him or her;
(2) To do all acts and take all measures necessary or proper for
the efficient performance of his or her duties;
(3) To require the production before him or her of books, papers,
vouchers, documents, and writings;
(4) To rule upon the admissibility of evidence;
(5) To issue subpoenas for the appearance of witnesses, to put
witnesses on oath, to examine them, and to call parties to the proceeding and
examine them upon oath;
(6) To adjudicate a person in contempt and to order him or her
imprisoned for not more than seventy-two (72) hours, pending review by a
justice of the court, for failure to appear in response to a summons or for refusal
to answer questions or produce evidence or for behavior disrupting a
proceeding;
(7) To adjudicate a party in contempt and to order him or her
imprisoned for not more than seventy-two (72) hours, pending review by a
justice of the court, for failure to comply with a pending order to provide
support or to perform any other act; and
(8) To issue a capias and/or body attachment upon the failure of a
party or witness to appear after having been properly served and, should the
family court not be in session, the person apprehended may be detained at the
adult correctional institution, if an adult, or at the Rhode Island training
school for youth, if a child, until the next session of the family court.
(d) A party aggrieved by an order entered by a magistrate shall be
entitled to a review of the order by a justice of the family court. Unless
otherwise provided in the rules of procedure of the family court, such review
shall be on the record and appellate in nature. The family court shall by rules
of procedure establish procedures for review of orders entered by a magistrate,
and for enforcement of contempt adjudications of a magistrate.
(e) Final orders of the family court entered in a proceeding to
review an order of a magistrate may be appealed to the supreme court.
(f) The magistrates shall be empowered to hear de novo all
applications for income withholding pursuant to chapter 16 of title 15 and
appeals of administrative agency orders of the department of human services to
withhold income under chapter 16 of title 15.
(g) The magistrates shall be empowered to hear all matters
relating to the revocation or nonrenewal of a license of an obligor due to
non-compliance with a court order of support, in accordance with chapter 11.1
of title 15.
(h) The magistrates may be authorized by the chief judge to hear
those matters on the domestic abuse prevention calendar and the nominal
calendar.
[See section12-1-15 of the General Laws.]
8-10-3.2. General magistrate of the family court. --
(a) There is hereby created within the family court the position of general
magistrate of the family court who shall be appointed by the governor chief
judge of the family court with the advice and consent of the senate for a life
term of ten (10) years and until a successor is appointed and qualified.
Nothing herein shall be construed to prohibit the assignment of the general
magistrate to more than one such term, subject to the advice and consent of the
senate.
(b) The general magistrate shall be an attorney at law and a
member in good standing of the Rhode Island bar. with a minimum of
ten (10) years experience as a general magistrate in the Rhode Island family
court.
(c) The primary function of the general magistrate shall be the
enforcement of child support decrees, orders, and law relative to child
support. The general magistrate shall have all the authority and powers vested
in magistrates by virtue of sections 8-10-3, 8-10-3.1, 9-15-19, 9-15-21,
9-14-26, 9-18-8, 9-18-9, and 36-2-3, and any other authority conferred upon
magistrates by any general or public law or by any rule of procedure or
practice of any court within the state.
(d) The chief justice of the supreme court with the agreement of
the chief judge of the family court may specially assign the general magistrate
to perform judicial duties within any court of the unified judicial
system in the same manner as a judge may be assigned pursuant to chapter 15
of this title; provided, however, that the general magistrate may be
assigned to the superior court subject to the prior approval of the presiding
justice of the superior court. When the general magistrate is so assigned he or
she shall be vested, authorized, and empowered with all the powers belonging to
the justices magistrates of the court to which he or she is
specially assigned.
(e) The general magistrate shall:
(1) Receive all credits and retirement allowances as afforded
justices under chapter 3 of this title and any other applicable law;
(2) Be governed by the commission on judicial tenure and discipline,
chapter 16 of this title, in the same manner as justices and workers'
compensation judges;
(3) Be entitled to a special license plate under section 31-3-47;
(4) Receive a salary equivalent to that of a district court judge and
shall be subject to the unclassified pay plan board;
(5) Be subject to all the provisions of the canons of judicial
ethics; and
(6) Be subject to all criminal laws relative to judges by virtue
of sections 11-7-1 and 11-7-2.
(f) The provisions of this section shall be afforded liberal
construction.
SECTION 10.
Section 8-15-3.1 of the General Laws in Chapter 8-15 entitled "Court
Administration" is hereby amended to read as follows:
8-15-3.1. Chief justice -- Power to assign judges. – Chief justice – Power to assign magistrates.
-- The Chief justice of the supreme court has the power to
assign any magistrate of the superior court, family court, and/or district
court to any court of the unified judicial system with the consent of the
presiding justice and/or chief judge of the relevant courts. in the
same manner as a judge may be assigned pursuant to chapter 15 of this title. When
a magistrate is so assigned, he or she shall be vested, authorized, and
empowered with all the powers belonging to the justices and/or magistrates
of the court to which he or she is specially assigned.
SECTION
11. The general assembly hereby requires the governor to submit, as part of his
FY 2009 budget, necessary legislation to create a department of advocacy, with
an effective date of no sooner than July 1, 2008, and no later than January 1,
2009.
The
governor shall consult with the child advocate, mental health advocate,
commission on deaf and hard of hearing, development disabilities council, and
the commission on disabilities in developing the department.
The
department shall include the child advocate, mental health advocate, commission
on deaf and hard of hearing, developmental disabilities council, and the
commission on disabilities.
The
governor with advice and consent of the senate shall appoint the child advocate
and the mental health advocate, as detailed in existing statutes. All agencies
combined into this new department shall maintain existing duties as set forth
in current law.
The
department shall consolidate communications, and overhead expenditures.
SECTION
12. Public
Law 1997, Chapter 30, Article 25, Section 1 is hereby deleted in its entirety.
SECTION
1. There is hereby created a Program to be known as the Boards for Design
Professionals, hereafter referred to as the "Program".
(a)
The Program shall consist of the board of registration for professional
engineers, board of registration for professional land surveyors, board of
examination and registration of architects, and board of examiners of landscape
architects.
(b)
The purpose of the Program is to combine the resources of the four (4) boards
within the Program in a cooperative venture to provide for more efficient
operations.
(c)
The boards shall retain their respective statutory authority pursuant to
sections 5-1-5, 5-51-2, 5-8-8, and 5-8.1-4 of the general laws and any other
applicable legal authority, notwithstanding their inclusion in the Program
created by this article.
SECTION
13. (a) There shall be created within the department of business regulation, no
later than January 1, 2008, a division to be known as the division of design
professionals.
(1) The
division shall consist of the membership of the board of registration for
professional engineers, board of professional land surveyors, board of
examination and registration of architects, and the board of examiners of
landscape architects.
(2) The
purpose of the division is to combine the four (4) boards into a single
division to provide for more efficient operation.
(3) The
boards shall retain their respective statutory authority pursuant to sections
5-1-5, 5-8-8, 5-8.1-4 and 5-51-2 of the general laws and any other applicable
legal authority notwithstanding their inclusion in the division created by this
article.
(4) The
department of business regulation shall provide suitable and adequate space for
the division.
(5) The
division shall consist of members of each board as presently constituted;
provided, however, that each board shall be entitled to cast two (2) votes
regardless of the number of members of each board. The governor shall appoint a
chairman of the division from a member of one of the boards for a period of
five (5) years. The governor's choice of chairman for each five (5) year
successive period shall rotate among the members of the remaining boards so
that a member of each board shall serve as chairman once every fourth
successive period. There shall be no compensation for the members and the
chairman of the division.
(6)
There shall be no new appointments to any of the boards until such time as it
is necessary to maintain the membership of each board at two (2) members.
SECTION
14. The general assembly hereby requires the governor to submit as part of his
FY 2009 budget necessary recommended legislation to create a department of
public safety, with an effective date no sooner than July 1, 2008 and no later
than January 1, 2009. The director of the department shall be the
superintendent of the state police who shall be appointed by the governor with
the advice and consent of the senate.
The
department shall include the state police, E-911 emergency telephone system
division, the state fire marshal who shall be appointed by the governor with
the advice and consent of the senate, fire safety code board of appeal and review,
justice commission, municipal police training academy, sheriffs and capital
police.
The
department shall consolidate communications, training facilities and training
among the divisions.
SECTION
15. Sections 11-47-17 and 11-47-17.1 of the General Laws in
Chapter 11-47 entitled “Weapons” are hereby amended to read as follows:
11-47-17. Qualifications required of law enforcement officers appointed
after June 17, 1959. – Except as provided in § 11-47-15.3,
all law enforcement officers of this state and its political subdivisions whose
permanent appointment shall take place after June 17, 1959, will be required to
qualify with the pistol or revolver with which they are armed prior to their
permanent appointment, that qualification to be the same as that required in §
11-47-15. Constables, special officers, and all law enforcement officers who by
law are authorized to carry side-arms and whose appointments are made on a
recurring basis will be required to qualify not later than one year following
the date of enactment of this section, and their commissions or warrants will
be plainly marked or stamped "QUALIFIED WITH PISTOL OR REVOLVER" and
will be signed and dated by the certifying authority attesting to that fact.
The failure of any law enforcement officer to qualify under the provisions of
this section revokes his or her privilege of carrying a pistol or revolver,
whether concealed or not, on or about his or her person. All law enforcement
officers of this state and its political subdivisions will repeat this
qualification at periods of not more than one year, except for correctional
officers who must repeat this qualification every two (2) years.
11-47-17.1. Mandatory or discretionary nature of § 11-47-15.1
requirements – Qualification reports to be filed. – (a) All law enforcement officers of
this state and its political subdivisions, whose permanent appointment shall
take place later than June 6, 1970, shall be required to qualify with the
pistol or revolver with which they are armed prior to their permanent
appointment, that qualification to be as required in §§ 11-47-15.1 and
11-47-15.3. All permanent appointed law enforcement officers of this state and
its political subdivisions who are required to qualify under § 11-47-17 may, at
the discretion of the officer, qualify under either § 11-47-15, 11-47-15.1 or
11-47-15.3. The failure of any law enforcement officer to qualify under the
provisions of this section revokes his or her privilege of carrying a pistol or
revolver, whether concealed or not, on or about his or her person.
Qualification under this section will be required at periods of not more than
one year, except for correctional officers who must repeat this
qualification every two (2) years.
(b) Copies of all of the
qualification reports shall be filed with the office of the attorney general.
SECTION 16.
Section 8 of this article shall take effect August 1, 2007. The remainder of
this article shall take effect upon passage.
ARTICLE 4 SUBSTITUTE A AS AMENDED
RELATING TO E-911 EMERGENCY TELEPHONE
SYSTEM
SECTION 1. Section
39-1-62 of the General Laws in Chapter 39-1 entitled “Public Utilities
Commission” is hereby amended to read as follows:
39-1-62. E-911 Geographic Information System (GIS) and Technology
Fund. [Repealed effective June 30, 2007.]. – (a) Preamble. To allow the
Rhode Island E-911 Emergency Telephone System agency to associate latitude and
longitude coordinates provided by wireless carriers with physical locations
throughout the state, the agency must establish and maintain a GIS database of
street addresses and landmarks. The database will allow local emergency
response personnel to dispatch police, fire and rescue personnel to a specific
address or landmark of a cellular caller in the event the caller is unaware of
his or her location, or is physically unable to communicate it. Because more
than half of the 530,000 9-1-1 phone calls received in 2003 came from cellular
phones, it is critical that the GIS database be developed and maintained in
order to improve caller location identification and reduce emergency personnel
response times.
(b) Definitions. As used in this section,
the following terms have the following meanings:
(1) "System" means Emergency 911
Uniform Telephone System.
(2) "Agency" means Rhode Island
911 Emergency Telephone System.
(3) "Division" means the
Division of Public Utilities and Carriers.
(4) "GIS and Technology Fund"
means the programs and funding made available to the Emergency 911 Uniform
Telephone System to assist in paying the costs of the GIS database development
project and GIS systems maintenance, which will enable the system to locate
cellular phone callers by geocoding all addresses and landmarks in cities and
towns throughout the state. It GIS and Technology Fund also includes
programs and funding to create system redundancy, fund the
construction of a new E-911 facility, and operate and maintain other
state-of-the-art equipment technology in public safety agencies.
(c) Purpose. The purpose of the GIS and Technology
Fund shall be to:
(1) Implement and maintain a geographic
information system database to assist in locating wireless phone callers for
emergency purposes in a manner consistent and in coordination with the Rhode
Island geographic information system administered by the Division of Planning
as provided for in § 42-11-10(g)(3); and
(2) Create system redundancy to ensure the reliability of
9-1-1 service to the public; and
(3) Operate and Mmaintain other
state-of-the-art equipment technology in public safety agencies; and.
(4) Fund the construction of a new E-911 facility.
(d) Authority. The agency shall establish, by rule or
regulation, an appropriate funding mechanism to recover from the general body
of ratepayers the costs of funding GIS and technology projects.
(1) The general assembly shall determine the amount of a
monthly surcharge to be levied upon each wireless instrument, device or means
including prepaid, cellular, telephony, Internet, Voice Over Internet Protocol
(VoIP), satellite, computer, radio, communication, data, or any other wireless
instrument, device or means that has access to, connects with, interfaces with
or is capable of delivering two-way interactive communications services to the
Rhode Island E-911 Uniform Emergency Telephone System. The agency will provide
the general assembly with information and recommendations regarding the
necessary level of funding to effectuate the purposes of this article. The
surcharge shall be billed monthly by each wireless telecommunications services
provider as defined in § 39-21.1-3 and shall be payable to the wireless
telecommunications services provider by the subscriber or prepaid service
customer of the telecommunications services. Each telecommunication services
provider shall establish a special (escrow) account to which it shall deposit
on a monthly basis the amounts collected as a surcharge under this section. The
money collected by each wireless telecommunication services provider shall be
transferred within sixty (60) days after its inception of wireless, prepaid,
cellular, telephony, Voice Over Internet Protocol (VoIP), satellite, computer,
Internet, or communications, information or data services in this state and
every month thereafter. Any money not transferred in accordance with this
paragraph shall be assessed interest at eight percent (8%) per annum at
the rate set forth in section 44-1-7 from the date the money should have
been transferred. State, local and quasi-governmental agencies shall be exempt
from the surcharge. The surcharge shall be deposited in a restricted
receipt account, hereby created within the agency and known as the GIS and
Technology Fund, to pay any and all costs associated with the provisions of
subsection (c). Beginning July 1, 2007, the surcharge shall be deposited in
the general fund as general revenues to pay any and all costs associated with
the provisions of subsection (c). The GIS and Technology Fund restricted
receipt account shall be terminated June 30, 2008. The amount of the
surcharge under this section shall not exceed thirty-five cents ($.35) per
wireless phone.
(2) The surcharge is hereby determined to be twenty-six
cents ($.26) per wireless phone, prepaid, cellular, telephony, Voice Over
Internet Protocol (VoIP), satellite, computer, data or data only wireless lines
or Internet communication or data instrument, device or means which has access
to, connects with, activates or interfaces with or any combination of the above
with the Rhode Island E-911 Uniform Emergency Telephone System per month and
shall be in addition to the wireless surcharge charged under § 39-21.1-14. The
twenty-six cents ($.26) is to be billed to all wireless telecommunication
service providers, subscribers or prepaid service customers upon the inception
of services.
(3) The amount of the surcharge shall not be subject to the
sales and use tax imposed under chapter 18 of title 44 nor be included within
the gross earnings of the telecommunications corporation providing
telecommunications service for the purpose of computing the tax under chapter
13 of title 44.
(4) With respect to prepaid wireless
telecommunication service providers and customers, and notwithstanding anything
to the contrary contained in this section, the surcharge shall be collected and
remitted to the division of taxation by the prepaid wireless telecommunication
service provider under one of three (3) methods:
(i) The prepaid
wireless telecommunication service provider shall collect the surcharge, on a
monthly basis, from each active prepaid wireless telecommunication service
customer whose account balance is equal to or greater than the amount of the
service charge; or
(ii) The prepaid
wireless telecommunication service provider shall collect the surcharge, on a
monthly basis, at the point of sale; or
(iii) The prepaid wireless
telecommunication service provider shall divide the total earned prepaid
wireless telephone revenue received by the prepaid wireless telecommunication
service provider within the monthly reporting period by fifty dollars ($50.00),
and multiply the quotient by the amount of the surcharge.
The surcharge amount or an equivalent
number of air-time minutes may be reduced from a prepaid wireless
telecommunication service customer's account when direct billing is not
possible.
(e) Administration. The division of
taxation shall collect monthly from the wireless telecommunications service
providers as defined in § 39-21.1-3 the amounts of the surcharge collected from
their subscribers or prepaid customers. The division of taxation shall deposit
such collections in an account maintained and administered by the Rhode
Island 911 Emergency Telephone System in the general fund as general
revenues for use in developing and maintaining the geographic information
system database, creating system redundancy, funding the construction of a
new E-911 facility and improving operating and maintaining other
state-of-the-art equipment technology for public safety agencies.
The agency is further authorized and encouraged to seek matching funds from all
local, state, and federal public or private entities and shall coordinate its
activities and share all information with the state Division of Planning.
(f) Effective date. The effective date of assessment for the
GIS and Technology Fund shall be July 1, 2004.
(g) Nothing in this section shall be construed to constitute
rate regulation of wireless communications services carriers, nor shall this
section be construed to prohibit wireless communications services carriers from
charging subscribers for any wireless service or feature.
(h) Except as otherwise provided by law, the agency shall
not use, disclose or otherwise make available call location information for any
purpose other than as specified in subsection (c).
(i) The attorney general shall, at the request of the E-911
uniform emergency telephone system division, or any other agency that may
replace it, or on its own initiative, commence judicial proceedings in the
superior court against any telecommunication services provider as defined in §
39-21.1-3(11) providing communication services to enforce the provisions of
this chapter.
SECTION 2.
Sections 39-21.1-14 of the General Laws in Chapter 39-21.1 entitled "911
Emergency Telephone Number Act" are hereby amended to read as follows:
39-21.1-14. Funding. -- (a) A monthly surcharge of one dollar ($1.00) is hereby levied upon each residence and business telephone line or trunk or path and data, telephony, Internet, Voice Over Internet Protocol (VoIP) wireline, line, trunk or path in the state including PBX trunks and centrex equivalent trunks and each line or trunk serving, and upon each user interface number or extension number or similarly identifiable line, trunk, or path to or from a digital network (such as, but not exclusive of, integrated services digital network (ISDN), Flexpath or comparable digital private branch exchange, or connecting to or from a customer-based or dedicated telephone switch site (such as, but not exclusive of, a private branch exchange (PBX)), or connecting to or from a customer-based or dedicated central office (such as, but not exclusive of, a centrex system but exclusive of trunks and lines provided to wireless communication companies) that can access to, connect with or interface with the Rhode Island E-911 Uniform Emergency Telephone System (RI E-911). The surcharge shall be billed by each telecommunication services provider at the inception of services and shall be payable to the telecommunication services provider by the subscriber of the services. A monthly surcharge of one dollar ($1.00) is hereby levied effective July 1, 2002, on each wireless instrument, device or means including prepaid, cellular, telephony, Internet, Voice Over Internet Protocol (VoIP), satellite, computer, radio, communication, data or data only wireless lines or any other wirel