2013 -- H 6066

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LC02355

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO REPORTING AND ACCOUNTABILITY

     Introduced By: Representatives Tanzi, Tomasso, Ferri, Walsh, and Marcello

     Date Introduced: May 01, 2013

     Referred To: House Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 35-1.1-3 of the General Laws in Chapter 35-1.1 entitled "Office of

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Management and Budget" is hereby amended to read as follows:

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     35-1.1-3. Director of management and budget. -- Appointment and responsibilities.

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      (a) Within the department of administration there shall be a director of management and

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budget, who shall be appointed by the director of administration with the approval of the

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governor. The director shall be responsible to the governor and director of administration for

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supervising the office of management and budget and for managing and providing strategic

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leadership and direction to the budget officer, the performance management office, and the

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federal grants management office.

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     (b) The director of management and budget shall be responsible to:

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     (1) Oversee, coordinate and manage the functions of the budget officer as set forth by

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section 35-3, program performance management as set forth by § 35-3-24.1, approval of

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agreements with federal agencies defined by § 35-3-25 and budgeting, appropriation and receipt

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of federal monies as set forth by chapter 42-41;

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     (2) Manage federal fiscal proposals and guidelines, and serve as the State Clearinghouse

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for the application of federal grants; and,

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     (3) Maximize the indirect cost recoveries by state agencies set forth by § 35-4-23.1.

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     (4) To undertake a comprehensive review and inventory of all reports filed by the

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executive office and agencies of the state with the general assembly. The inventory should

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include but not be limited to: the type, title, and summary of reports; the author(s) of the reports;

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the specific audience of the reports; and a schedule of the reports’ release. The inventory shall be

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presented to the general assembly as part of the budget submission on a yearly basis. The office

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of management and budget shall also make recommendations to consolidate, modernize the

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reports, and to make recommendations for elimination or expansion of each report.

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     SECTION 2. Section 35-3-7 of the General Laws in Chapter 35-3 entitled “State Budget”

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is hereby amended to read as follows:

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     35-3-7. Submission of budget to general assembly - Contents. --

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      (a) On or before the third Thursday in January in each year of each January session of

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the general assembly, the governor shall submit to the general assembly a budget containing a

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complete plan of estimated revenues and proposed expenditures, with a personnel supplement

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detailing the number and titles of positions of each agency and the estimates of personnel costs

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for the next fiscal year., and with the inventory required by subsection 35-1.1-3(b)(4). Provided,

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however, in those years that a new governor is inaugurated, the new governor shall submit the

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budget on or before the first Thursday in February. In the budget the governor may set forth in

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summary and detail:

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     (1) Estimates of the receipts of the state during the ensuing fiscal year under laws existing

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at the time the budget is transmitted and also under the revenue proposals, if any, contained in the

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budget, and comparisons with the estimated receipts of the state during the current fiscal year, as

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well as actual receipts of the state for the last two (2) completed fiscal years.

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     (2) Estimates of the expenditures and appropriations necessary in the governor's

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judgment for the support of the state government for the ensuing fiscal year, and comparisons

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with appropriations for expenditures during the current fiscal year, as well as actual expenditures

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of the state for the last two (2) complete fiscal years.

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     (3) Financial statements of the

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     (i) Condition of the treasury at the end of the last completed fiscal year;

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     (ii) The estimated condition of the treasury at the end of the current fiscal year; and

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     (iii) Estimated condition of the treasury at the end of the ensuing fiscal year if the

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financial proposals contained in the budget are adopted.

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     (4) All essential facts regarding the bonded and other indebtedness of the state.

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     (5) A report indicating those program revenues and expenditures whose funding source is

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proposed to be changed from state appropriations to restricted receipts, or from restricted receipts

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to other funding sources.

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     (6) Such other financial statements and data as in the governor's opinion are necessary or

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desirable.

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     (b) Any other provision of the general laws to the contrary notwithstanding, the proposed

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appropriations submitted by the governor to the general assembly for the next ensuing fiscal year

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should not be more than five and one-half percent (5.5%) in excess of total state appropriations,

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excluding any estimated supplemental appropriations, enacted by the general assembly for the

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fiscal year previous to that for which the proposed appropriations are being submitted; provided,

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that the increased state share provisions required to achieve fifty percent (50%) state financing of

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local school operations as provided for in P.L. 1985, ch. 182, shall be excluded from the

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definition of total appropriations.

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     (c) Notwithstanding the provisions of subsection 35-3-7(a), the governor shall submit to

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the general assembly a budget for the fiscal year ending June 30, 2006 not later than the fourth

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(4th) Thursday in January 2005.

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     (d) Notwithstanding the provisions of subsection 35-3-7(a), the governor shall submit to

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the general assembly a supplemental budget for the fiscal year ending June 30, 2006 and/or a

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budget for the fiscal year ending June 30, 2007 not later than Thursday, January 26, 2006.

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     (e) Notwithstanding the provisions of subsection 35-3-7(a), the governor shall submit to

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the general assembly a supplemental budget for the fiscal year ending June 30, 2007 and/or a

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budget for the fiscal year ending June 30, 2008 not later than Wednesday, January 31, 2007.

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     (f) Notwithstanding the provisions of subsection 35-3-7(a), the governor shall submit to

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the general assembly a budget for the fiscal year ending June 30, 2012 not later than Thursday,

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March 10, 2011.

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     (g) Notwithstanding the provisions of subsection 35-3-7(a), the governor shall submit to

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the general assembly a budget for the fiscal year ending June 30, 2013 not later than Tuesday,

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January 31, 2012.

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     SECTION 3. Section 22-12-3 of the General Laws in Chapter 22-12 entitled “Fiscal

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Notes” is hereby amended to read as follows:

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     22-12-3. Request for fiscal notes.-- (a) Fiscal notes shall only be requested by the

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chairperson of the house or senate finance committee upon being notified by another committee

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chairperson, the sponsor of the bill or resolution, or in the case of bills or resolutions affecting

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cities or towns, by the Rhode Island League of Cities and Towns in addition to the individuals

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referred to in this section, of the existence of any bill or resolution described in § 22-12-1.

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Requests shall be made in the form and substance as may be requested by the finance committee

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chairperson, and shall be forwarded through the house or senate fiscal adviser to the state budget

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officer, who shall determine the agency or agencies affected by the bill, or for bills affecting cities

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and towns to the chief executive official of the cities and the towns, the Rhode Island League of

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Cities and Towns, and the department of revenue. The budget officer shall then be responsible, in

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cooperation with these agencies, for the preparation of the fiscal note, except that the department

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of administration, in consultation and cooperation with the Rhode Island League of Cities and

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Towns, shall be responsible for the preparation of the fiscal note for bills affecting cities and

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towns.

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     (b) The chairperson of either the house finance or senate finance committee may also

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require executive branch agencies to provide performance metrics when legislation affecting an

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agency’s program or policy has an economic impact.

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     SECTION 4. Section 42-146-6 of the General Laws in Chapter 42-142 entitled

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“Department of Revenue” is hereby amended to read as follows:

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     42-142-6. Annual unified economic development report. -- (a) The director of the

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department of revenue shall, no later than January 15th of each state fiscal year, compile and

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publish, in printed and electronic form, including on the Internet, an annual unified economic

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development report which shall provide the following comprehensive information regarding the

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tax credits or other tax benefits conferred pursuant to §§ 42-64-10, 44-63-3, 42-64.5-5, 42-64.3-1,

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and 44-31.2-6.1 during the preceding fiscal year:

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     (1) The name of each recipient of any such tax credit or other tax benefit; the dollar

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amount of each such tax credit or other tax benefit; and summaries of the number of full-time and

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part-time jobs created or retained, an overview of benefits offered, and the degree to which job

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creation and retention, wage and benefit goals and requirements of recipient and related

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corporations, if any, have been met. The report shall include aggregate dollar amounts of each

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category of tax credit or other tax benefit; to the extent possible, the amounts of tax credits and

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other tax benefits by geographical area; the number of recipients within each category of tax

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credit or retained; overview of benefits offered; and the degree to which job creation and

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retention, wage and benefit rate goals and requirements have been met within each category of

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tax credit or other tax benefit;

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     (2) The cost to the state and the approving agency for each tax credit or other tax benefits

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conferred pursuant to §§ 42-64-10, 44-63-3, 42-64.5-5, 42-64.3-1, and 44-31.2-6.1 during the

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preceding fiscal year;

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     (3) To the extent possible, the amounts of tax credits and other tax benefits by

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geographical area; and

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     (4) The extent to which any employees of and recipients of any such tax credits or other

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tax benefits has received RIte Care or RIte Share benefits or assistance.; and

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     (5) To the extent the data exists, a cost-benefit analysis prepared by the office of revenue

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analysis based upon the collected data under sections 42-64-10, 44-63-3, 42-64.5-5, 42-64-3.1,

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and 44-31.2-6.1, and required for the preparation of the unified economic development report.

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The cost-benefit analysis may include but shall not be limited to the cost to the state for the

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revenues reductions, cost to administer the credit, projected revenues gained from the credit, and

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other metrics which can be measured along with a baseline assessment of the original intent of

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the legislation. The office of revenue analysis shall also state in the report the intended purpose of

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the credit and any measureable goals established by the granting authority of the credit. Where

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possible, the analysis shall cover a five (5) year period projecting the cost and benefits over this

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period. The office of revenue analysis may utilize outside services or sources for development of

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the methodology and modeling techniques. The unified economic development report shall

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include the cost-benefit analysis starting January 15, 2014. The office of revenue analysis shall

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work in conjuncture with Rhode Island commerce corporation as established chapter 42-64

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(Rhode Island Commerce Corporation).

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     (b) After the initial report, the division of taxation will perform reviews of each recipient

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of this tax credit or other tax benefits to ensure the accuracy of the employee data submitted. The

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division of taxation will include a summary of the reviews performed along with any adjustments,

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modifications and/or allowable recapture of tax credit amounts and data included on prior year

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reports.

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     SECTION 5. This act shall take effect on January 1, 2014.

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LC02355

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO REPORTING AND ACCOUNTABILITY

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     This act would require the director of management and budget to prepare a

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comprehensive review and inventory of all reports from the executive office and other state

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agencies that are filed with the general assembly. This act would also provide that this inventory

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would be presented to the general assembly as part of the annual budget submission. This act

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would also require that a cost-benefit analysis be incorporated into the annual unified economic

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development report that is prepared by the office of revenue analysis.

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     This act would take effect upon January 1, 2014.

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LC02355

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