H6122

	2021 -- H 6122
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	LC002437
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	STATE OF RHODE ISLAND
	IN GENERAL ASSEMBLY
	JANUARY SESSION, A.D. 2021
	____________
	A N A C T
	MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL
	YEAR ENDING JUNE 30, 2022

	Introduced By: Representative Marvin L. Abney
	Date Introduced: March 11, 2021
	Referred To: House Finance
	(Governor)
	It is enacted by the General Assembly as follows:
1	ARTICLE 1 RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2022
2	ARTICLE 2 RELATING TO STATE FUNDS
3	ARTICLE 3 RELATING TO GOVERNMENT REFORM AND REORGANIZATION
4	ARTICLE 4 RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS
5	ARTICLE 5 RELATING TO BORROWING IN ANTICIPATION OF RECIEPTS FROM
6	TAXES
7	ARTICLE 6 RELATING TO FEES
8	ARTICLE 7 RELATING TO THE ENVIRONMENT
9	ARTICLE 8 RELATING TO PUBLIC UTILITIES AND CARRIERS
10	ARTICLE 9 RELATING TO ECONOMIC DEVELOPMENT
11	ARTICLE 10 RELATING TO FISHING INDUSTRY MODERNIZATION
12	ARTICLE 11 RELATING TO ADULT USE MARIJUANA
13	ARTICLE 12 RELATING TO MEDICAL ASSISTANCE
14	ARTICLE 13 RELATING TO HUMAN SERVICES
15	ARTICLE 14 RELATING TO HOSPITAL UNCOMPENSATED CARE
16	ARTICLE 15 RELATING TO HEALTHCARE REFORM
17	ARTICLE 16 RELATING TO HOUSING
18	ARTICLE 17 RELATING TO EFFECTIVE DATE

1	ARTICLE 1
2	RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2022
3	SECTION 1. Subject to the conditions, limitations and restrictions hereinafter contained in
4	this act, the following general revenue amounts are hereby appropriated out of any money in the
5	treasury not otherwise appropriated to be expended during the fiscal year ending June 30, 2022.
6	The amounts identified for federal funds and restricted receipts shall be made available pursuant to
7	section 35-4-22 and Chapter 41 of Title 42 of the Rhode Island General Laws. For the purposes and
8	functions hereinafter mentioned, the state controller is hereby authorized and directed to draw his
9	or her orders upon the general treasurer for the payment of such sums or such portions thereof as
10	may be required from time to time upon receipt by him or her of properly authenticated vouchers.
11	Administration
12	Central Management
13	General Revenues 2,569,679
14	Federal Funds 126,594,669
15	Total – Central Management 129,164,348
16	Legal Services
17	General Revenues 2,262,149
18	Accounts and Control
19	General Revenues 4,358,896
20	Restricted Receipts – OPEB Board Administration 137,697
21	Restricted Receipts – Grants Management System Administration 330,912
22	Total – Accounts and Control 4,827,505
23	Office of Management and Budget
24	General Revenues 8,076,487
25	Federal Funds 224,755
26	Restricted Receipts 300,000
27	Other Funds 1,117,615
28	Total – Office of Management and Budget 9,718,857
29	Purchasing
30	General Revenues 3,350,393
31	Restricted Receipts 298,059
32	Other Funds 497,386
33	Total – Purchasing 4,145,838
34	Human Resources
	LC002437 - Page 2 of 407
1	General Revenues 1,099,549
2	Personnel Appeal Board
3	General Revenues 120,050
4	Information Technology
5	General Revenues 721,340
6	Federal Funds 327,707
7	Restricted Receipts 2,625,165
8	Total – Information Technology 3,674,212
9	Library and Information Services
10	General Revenues 1,640,558
11	Federal Funds 1,566,583
12	Restricted Receipts 6,990
13	Total – Library and Information Services 3,214,131
14	Planning
15	General Revenues 671,329
16	Federal Funds 22,700
17	Other Funds
18	Air Quality Modeling 24,000
19	Federal Highway – PL Systems Planning 3,483,469
20	State Transportation Planning Match 485,673
21	FTA – Metro Planning Grant 1,241,337
22	Total – Planning 5,928,508
23	General
24	General Revenues
25	Miscellaneous Grants/Payments 130,000
26	Provided that this amount be allocated to City Year for the Whole School Whole Child
27	Program, which provides individualized support to at-risk students.
28	Torts – Courts/Awards 900,000
29	Resource Sharing and State Library Aid 9,562,072
30	Library Construction Aid 2,102,866
31	Transfer to RICAP Fund 42,500,000
32	Restricted Receipts 700,000
33	Other Funds
34	Rhode Island Capital Plan Funds
	LC002437 - Page 3 of 407
1	Security Measures State Buildings 500,000
2	Energy Efficiency Improvements 1,250,000
3	Cranston Street Armory 325,000
4	State House Renovations 1,478,000
5	Zambarano Utilities & Infrastructure 350,000
6	Replacement of Fueling Tanks 800,000
7	Environmental Compliance 400,000
8	Big River Management Area 250,000
9	Shepard Building 1,500,000
10	Pastore Center Water Tanks & Pipes 100,000
11	RI Convention Center Authority 2,000,000
12	Pastore Center Power Plant Rehabilitation 734,000
13	Accessibility – Facility Renovations 1,000,000
14	DoIT Enterprise Operations Center 800,000
15	BHDDH MH & Community Facilities – Asset Protection 300,000
16	BHDDH DD & Community Homes – Fire Code 325,000
17	BHDDH DD Regional Facilities – Asset Protection 450,000
18	BHDDH Substance Abuse Asset Protection 375,000
19	BHDDH Group Homes 750,000
20	Statewide Facility Master Plan 116,467
21	Cannon Building 800,000
22	Old State House 100,000
23	State Office Building 100,000
24	State Office Reorganization & Relocation 500,000
25	William Powers Building 1,800,000
26	Pastore Center Utilities Upgrade 175,000
27	Pastore Center Non-Medical Buildings Asset Protection 3,170,000
28	Washington County Government Center 500,000
29	Chapin Health Laboratory 500,000
30	Medical Examiner New Facility 4,500,000
31	560 Jefferson Blvd Asset Protection 150,000
32	Arrigan Center 197,500
33	Dunkin Donuts Center 2,300,000
34	Pastore Center Building Demolition 1,000,000
	LC002437 - Page 4 of 407
1	Veterans Auditorium 285,000
2	Total – General 85,775,905
3	Debt Service Payments
4	General Revenues 145,424,890
5	Out of the general revenue appropriations for debt service, the General Treasurer is
6	authorized to make payments for the I-195 Redevelopment District Commission loan up to the
7	maximum debt service due in accordance with the loan agreement.
8	Other Funds
9	Transportation Debt Service 39,205,402
10	Investment Receipts – Bond Funds 100,000
11	Total - Debt Service Payments 184,730,292
12	Energy Resources
13	Federal Funds 761,478
14	Restricted Receipts 8,791,172
15	Total – Energy Resources 9,552,650
16	Rhode Island Health Benefits Exchange
17	General Revenues 2,820,336
18	Federal Funds 5,239,671
19	Restricted Receipts 16,842,483
20	Total – Rhode Island Health Benefits Exchange 24,902,490
21	Office of Diversity, Equity & Opportunity
22	General Revenues 1,117,169
23	Other Funds 112,623
24	Total – Office of Diversity, Equity & Opportunity 1,229,792
25	Capital Asset Management and Maintenance
26	General Revenues 10,513,389
27	Federal Funds 14,843,184
28	Total – Capital Asset Management and Maintenance 25,356,573
29	Statewide
30	General Revenues
31	ISF Agency Charges for Redistribution 7,105,574
32	LIUNA Settlement Liability 4,297,916
33	Savings for Voluntary Retirement Incentive (8,158,221)
34	Total – Statewide 3,245,269
	LC002437 - Page 5 of 407
1	Grand Total – Administration 498,948,118
2	Business Regulation
3	Central Management
4	General Revenues 3,015,637
5	Federal Funds 1,646,467
6	Total – Central Management 4,662,104
7	Banking Regulation
8	General Revenues 1,620,824
9	Restricted Receipts 75,000
10	Total – Banking Regulation 1,695,824
11	Securities Regulation
12	General Revenues 817,118
13	Restricted Receipts 15,000
14	Total – Securities Regulation 832,118
15	Insurance Regulation
16	General Revenues 4,314,683
17	Restricted Receipts 2,146,652
18	Total – Insurance Regulation 6,461,335
19	Office of the Health Insurance Commissioner
20	General Revenues 1,728,734
21	Federal Funds 140,000
22	Restricted Receipts 622,959
23	Total – Office of the Health Insurance Commissioner 2,491,693
24	Board of Accountancy
25	General Revenues 5,883
26	Commercial Licensing and Gaming and Athletics Licensing
27	General Revenues 1,053,039
28	Restricted Receipts 890,069
29	Total – Commercial Licensing and Gaming and Athletics Licensing 1,943,108
30	Building, Design and Fire Professionals
31	General Revenues 7,054,755
32	Federal Funds 671,000
33	Restricted Receipts 1,833,166
34	Other Funds
	LC002437 - Page 6 of 407
1	Quonset Development Corporation 67,928
2	Rhode Island Capital Plan Funds
3	Fire Academy Asset Protection 100,000
4	Total – Building, Design and Fire Professionals 9,726,849
5	Office of Cannabis Regulation
6	Restricted Receipts 4,963,904
7	Grand Total – Business Regulation 32,782,818
8	Executive Office of Commerce
9	Central Management
10	General Revenues 2,202,211
11	Federal Funds 161,250
12	Total – Central Management 2,363,461
13	Housing and Community Development
14	General Revenues 934,119
15	Federal Funds 11,924,436
16	Restricted Receipts 7,339,557
17	Total – Housing and Community Development 20,198,112
18	Quasi–Public Appropriations
19	General Revenues
20	Rhode Island Commerce Corporation 7,659,565
21	Airport Impact Aid 1,010,036
22	Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be
23	distributed to each airport serving more than 1,000,000 passengers based upon its percentage of the
24	total passengers served by all airports serving more than 1,000,000 passengers. Forty percent (40%)
25	of the first $1,000,000 shall be distributed based on the share of landings during calendar year 2020
26	at North Central Airport, Newport-Middletown Airport, Block Island Airport, Quonset Airport,
27	T.F. Green Airport and Westerly Airport, respectively. The Rhode Island Commerce Corporation
28	shall make an impact payment to the towns or cities in which the airport is located based on this
29	calculation. Each community upon which any part of the above airports is located shall receive at
30	least $25,000.
31	STAC Research Alliance 900,000
32	Innovative Matching Grants/Internships 1,000,000
33	I-195 Redevelopment District Commission 761,000
34	Polaris Manufacturing Grant 350,000
	LC002437 - Page 7 of 407
1	East Providence Waterfront Commission 50,000
2	Minority Entrepreneurship 140,000
3	Chafee Center at Bryant 476,200
4	Other Funds
5	Rhode Island Capital Plan Funds
6	Quonset Point Infrastructure 3,100,000
7	I-195 Redevelopment District Commission 578,000
8	Total – Quasi–Public Appropriations 16,024,801
9	Economic Development Initiatives Fund
10	General Revenues
11	Innovation Initiative 1,000,000
12	Rebuild RI Tax Credit Fund 22,500,000
13	Competitive Cluster Grants 100,000
14	Small Business Promotion 300,000
15	Small Business Assistance 1,000,000
16	Total – Economic Development Initiatives Fund 24,900,000
17	Commerce Programs
18	General Revenues
19	Wavemaker Fellowship 1,600,000
20	Grand Total – Executive Office of Commerce 65,086,374
21	Labor and Training
22	Central Management
23	General Revenues 676,350
24	Restricted Receipts 126,519
25	Total – Central Management 802,869
26	Workforce Development Services
27	General Revenues 804,517
28	Federal Funds 18,817,837
29	Other Funds 82,525
30	Total – Workforce Development Services 19,704,879
31	Workforce Regulation and Safety
32	General Revenues 3,536,925
33	Income Support
34	General Revenues 3,801,667
	LC002437 - Page 8 of 407
1	Federal Funds 94,643,058
2	Restricted Receipts 3,906,859
3	Other Funds
4	Temporary Disability Insurance Fund 204,354,917
5	Employment Security Fund 283,025,000
6	Total – Income Support 589,731,501
7	Injured Workers Services
8	Restricted Receipts 11,172,336
9	Labor Relations Board
10	General Revenues 473,658
11	Governor’s Workforce Board
12	General Revenues 8,450,000
13	Restricted Receipts 13,849,054
14	Total – Governor’s Workforce Board 22,299,054
15	Grand Total – Labor and Training 647,721,222
16	Department of Revenue
17	Director of Revenue
18	General Revenues 1,817,273
19	Office of Revenue Analysis
20	General Revenues 889,151
21	Lottery Division
22	Other Funds 434,386,053
23	Municipal Finance
24	General Revenues 1,718,168
25	Taxation
26	General Revenues 32,549,151
27	Restricted Receipts 1,451,238
28	Other Funds
29	Motor Fuel Tax Evasion 155,000
30	Total – Taxation 34,155,389
31	Registry of Motor Vehicles
32	General Revenues 29,804,342
33	Federal Funds 462,404
34	Restricted Receipts 1,692,587
	LC002437 - Page 9 of 407
1	Total – Registry of Motor Vehicles 31,959,333
2	State Aid
3	General Revenues
4	Distressed Communities Relief Fund 12,384,458
5	Payment in Lieu of Tax Exempt Properties 46,089,504
6	Motor Vehicle Excise Tax Payments 139,656,362
7	Property Revaluation Program 1,503,677
8	Provided that notwithstanding any other provision of law, the appropriations for Distressed
9	Communities Relief Fund, Payment in Lieu of Tax Exempt Properties, and Motor Vehicle Excise
10	Tax Payments shall not exceed the amounts set forth above and shall be allocated to municipalities
11	in the amounts already distributed as of the date of budget enactment, except for fire districts and
12	the Town of Exeter which shall receive an allocation pursuant to chapter 44-34.1.
13	Restricted Receipts 995,120
14	Total – State Aid 200,629,121
15	Collections
16	General Revenues 828,769
17	Grand Total – Revenue 706,383,257
18	Legislature
19	General Revenues 45,617,236
20	Restricted Receipts 1,782,425
21	Grand Total – Legislature 47,399,661
22	Lieutenant Governor
23	General Revenues 1,186,120
24	Secretary of State
25	Administration
26	General Revenues 3,605,403
27	Corporations
28	General Revenues 2,539,285
29	State Archives
30	General Revenues 158,405
31	Restricted Receipts 532,697
32	Total – State Archives 691,102
33	Elections and Civics
34	General Revenues 2,067,371
	LC002437 - Page 10 of 407
1	Federal Funds 1,810,000
2	Total – Elections and Civics 3,877,371
3	State Library
4	General Revenues 768,685
5	Provided that $125,000 be allocated to support the Rhode Island Historical Society
6	pursuant to Rhode Island General Law, Section 29-2-1 and $18,000 be allocated to support the
7	Newport Historical Society, pursuant to Rhode Island General Law, Section 29-2-2.
8	Office of Public Information
9	General Revenues 421,918
10	Receipted Receipts 25,000
11	Total – Office of Public Information 446,918
12	Grand Total – Secretary of State 11,928,764
13	General Treasurer
14	Treasury
15	General Revenues 2,672,511
16	Federal Funds 308,416
17	Other Funds
18	Temporary Disability Insurance Fund 263,421
19	Tuition Savings Program – Administration 382,476
20	Total –Treasury 3,626,824
21	State Retirement System
22	Restricted Receipts
23	Admin Expenses – State Retirement System 11,427,273
24	Retirement – Treasury Investment Operations 1,871,467
25	Defined Contribution – Administration 300,234
26	Total – State Retirement System 13,598,974
27	Unclaimed Property
28	Restricted Receipts 25,202,766
29	Crime Victim Compensation Program
30	General Revenues 646,179
31	Federal Funds 422,493
32	Restricted Receipts 713,007
33	Total – Crime Victim Compensation Program 1,781,679
34	Grand Total – General Treasurer 44,210,243
	LC002437 - Page 11 of 407
1	Board of Elections
2	General Revenues 2,619,337
3	Rhode Island Ethics Commission
4	General Revenues 1,928,833
5	Office of Governor
6	General Revenues
7	General Revenues 6,579,552
8	Contingency Fund 150,000
9	Grand Total – Office of Governor 6,729,552
10	Commission for Human Rights
11	General Revenues 1,523,272
12	Federal Funds 422,418
13	Grand Total – Commission for Human Rights 1,945,690
14	Public Utilities Commission
15	Federal Funds 540,253
16	Restricted Receipts 11,926,093
17	Grand Total – Public Utilities Commission 12,466,346
18	Office of Health and Human Services
19	Central Management
20	General Revenues 38,779,906
21	Federal Funds 124,063,358
22	Restricted Receipts 23,333,736
23	Total – Central Management 186,177,000
24	Medical Assistance
25	General Revenues
26	Managed Care 333,664,740
27	Hospitals 83,064,823
28	Nursing Facilities 149,433,710
29	Home and Community Based Services 39,080,249
30	Other Services 119,713,608
31	Pharmacy 70,242,191
32	Rhody Health 189,857,196
33	Federal Funds
34	Managed Care 487,287,214
	LC002437 - Page 12 of 407
1	Hospitals 101,487,876
2	Nursing Facilities 204,521,897
3	Home and Community Based Services 53,481,605
4	Other Services 703,960,671
5	Pharmacy (475,215)
6	Rhody Health 259,813,002
7	Other Programs 36,288,580
8	Restricted Receipts 18,265,000
9	Total – Medical Assistance 2,849,687,147
10	Grand Total – Office of Health and Human Services 3,035,864,147
11	Children, Youth, and Families
12	Central Management
13	General Revenues 11,863,775
14	Federal Funds 3,596,426
15	Total – Central Management 15,460,201
16	Children's Behavioral Health Services
17	General Revenues 6,358,192
18	Federal Funds 6,718,331
19	Total – Children's Behavioral Health Services 13,076,523
20	Juvenile Correctional Services
21	General Revenues 21,346,021
22	Federal Funds 274,541
23	Other Funds
24	Rhode Island Capital Plan Funds
25	Training School Asset Protection 250,000
26	Total – Juvenile Correctional Services 21,870,562
27	Child Welfare
28	General Revenues 143,660,017
29	Federal Funds 68,770,417
30	Restricted Receipts 1,487,111
31	Total – Child Welfare 213,917,545
32	Higher Education Incentive Grants
33	General Revenues 200,000
34	Grand Total – Children, Youth, and Families 264,524,831
	LC002437 - Page 13 of 407
1	Health
2	Central Management
3	General Revenues 3,639,905
4	Federal Funds 4,631,858
5	Restricted Receipts 10,667,820
6	Provided that the disbursement of any indirect cost recoveries on federal grants budgeted
7	in this line item that are derived from grants authorized under The Coronavirus Preparedness and
8	Response Supplemental Appropriations Act (P.L. 116-123); The Families First Coronavirus
9	Response Act (P.L. 116-127); The Coronavirus Aid, Relief, and Economic Security Act (P.L. 116-
10	136); The Paycheck Protection Program and Health Care Enhancement Act (P.L. 116-139); and the
11	Consolidated Appropriations Act, 2021 (P.L. 116-260), are hereby subject to the review and prior
12	approval of the Director of Management and Budget. No obligation or expenditure of these funds
13	shall take place without such approval.
14	Total – Central Management 18,939,583
15	Community Health and Equity
16	General Revenues 1,349,812
17	Federal Funds 70,929,222
18	Restricted Receipts 39,122,956
19	Total – Community Health and Equity 111,401,990
20	Environmental Health
21	General Revenues 5,821,112
22	Federal Funds 7,382,886
23	Restricted Receipts 738,436
24	Total – Environmental Health 13,942,434
25	Health Laboratories and Medical Examiner
26	General Revenues 8,732,571
27	Federal Funds 2,878,489
28	Other Funds
29	Rhode Island Capital Plan Funds
30	Health Laboratories & Medical Examiner Equipment 600,000
31	Total – Health Laboratories and Medical Examiner 12,211,060
32	Customer Services
33	General Revenues 7,938,355
34	Federal Funds 5,158,613
	LC002437 - Page 14 of 407
1	Restricted Receipts 3,918,969
2	Total – Customer Services 17,015,937
3	Policy, Information and Communications
4	General Revenues 1,148,479
5	Federal Funds 2,934,574
6	Restricted Receipts 1,103,113
7	Total – Policy, Information and Communications 5,186,166
8	Preparedness, Response, Infectious Disease & Emergency Services
9	General Revenues 1,952,521
10	Federal Funds
11	Federal Funds 22,016,363
12	Total – Preparedness, Response, Infectious Disease &
13	Emergency Services 23,968,884
14	COVID-19
15	Federal Funds 161,721,718
16	Grand Total - Health 364,387,772
17	Human Services
18	Central Management
19	General Revenues 4,812,620
20	Of this amount, $300,000 is to support the Domestic Violence Prevention Fund to provide
21	direct services through the Coalition Against Domestic Violence, $250,000 to support Project
22	Reach activities provided by the RI Alliance of Boys and Girls Clubs, $217,000 is for outreach and
23	supportive services through Day One, $350,000 is for food collection and distribution through the
24	Rhode Island Community Food Bank, $500,000 for services provided to the homeless at Crossroads
25	Rhode Island, $600,000 for the Community Action Fund and $200,000 is for the Institute for the
26	Study and Practice of Nonviolence’s Reduction Strategy.
27	Federal Funds 6,702,756
28	Restricted Receipts 150,000
29	Total – Central Management 11,665,376
30	Child Support Enforcement
31	General Revenues 3,139,814
32	Federal Funds 8,889,388
33	Restricted Receipts 4,100,000
34	Total – Child Support Enforcement 16,129,202
	LC002437 - Page 15 of 407
1	Individual and Family Support
2	General Revenues 39,321,694
3	Federal Funds 115,832,374
4	Restricted Receipts 255,255
5	Other Funds
6	Rhode Island Capital Plan Funds
7	Blind Vending Facilities 165,000
8	Total – Individual and Family Support 155,574,323
9	Office of Veterans Services
10	General Revenues 29,371,663
11	Of this amount, $200,000 is to provide support services through Veterans’ organizations.
12	Federal Funds 11,625,281
13	Restricted Receipts 1,571,061
14	Other Funds
15	Rhode Island Capital Plan Funds
16	Veterans Home Asset Protection 350,000
17	Veterans Memorial Cemetery 380,000
18	Total – Office of Veterans Services 43,298,005
19	Health Care Eligibility
20	General Revenues 8,165,760
21	Federal Funds 13,277,285
22	Total – Health Care Eligibility 21,443,045
23	Supplemental Security Income Program
24	General Revenues 18,487,253
25	Rhode Island Works
26	General Revenues 8,876,786
27	Federal Funds 82,199,093
28	Total – Rhode Island Works 91,075,879
29	Other Programs
30	General Revenues 882,000
31	Of this appropriation, $90,000 shall be used for hardship contingency payments.
32	Federal Funds 254,157,901
33	Restricted Receipts 8,000
34	Total – Other Programs 255,047,901
	LC002437 - Page 16 of 407
1	Office of Healthy Aging
2	General Revenues 11,684,726
3	Of this amount, $325,000 is to provide elder services, including respite, through the
4	Diocese of Providence, $40,000 for ombudsman services provided by the Alliance for Long Term
5	Care in accordance with Rhode Island General Laws, Chapter 42-66.7, $85,000 for security for
6	housing for the elderly in accordance with Rhode Island General Law, Section 42-66.1-3, $800,000
7	for Senior Services Support and $580,000 for elderly nutrition, of which $530,000 is for Meals on
8	Wheels.
9	Federal Funds 16,913,728
10	Restricted Receipts 106,161
11	Other Funds
12	Intermodal Surface Transportation Fund 4,428,478
13	Total – Office of Healthy Aging 33,133,093
14	Grand Total – Human Services 645,854,077
15	Behavioral Healthcare, Developmental Disabilities, and Hospitals
16	Central Management
17	General Revenues 5,449,516
18	Federal Funds 1,688,290
19	Total – Central Management 7,137,806
20	Hospital and Community System Support
21	General Revenues 3,436,958
22	Federal Funds 9,899
23	Restricted Receipts (280,409)
24	Total – Hospital and Community System Support 3,166,448
25	Services for the Developmentally Disabled
26	General Revenues 131,509,888
27	Of this general revenue funding, $10.0 million shall be expended to improve the quality of,
28	and access to, integrated community day and employment support programs for individuals with
29	intellectual and developmental disabilities. Funds shall be dedicated to a transformation and
30	transition fund to help providers strengthen their operating and service delivery models and/or to
31	give providers access to tools and technology that support consumers’ needs for living meaningful
32	lives of their choosing in the community; allow providers the opportunity to participate in an
33	outcome-based payment methodology that will link payments to quality benchmarks and
34	performance standards; reducing administrative burdens for providers; and investments in state
	LC002437 - Page 17 of 407
1	infrastructure to implement and manage these initiatives, support substantial compliance with the
2	consent decree, and prepare for inclusion of the I/DD population in the caseload estimating
3	conference. All disbursements from this investment must be approved by the Office of Management
4	and Budget and the Executive Office of Health and Human Services; approval will be based upon
5	a review of final program details and evidence of a clear connection between spending and long-
6	term system transformation goals to be provided by Behavioral Healthcare, Developmental
7	Disabilities and Hospitals. All unexpended or unencumbered balances of this fund, at the end of
8	any fiscal year, shall be reappropriated to the ensuing fiscal year and made immediately available
9	for the same purposes.
10	Federal Funds 162,482,756
11	Of this federal funding, $5.0 million shall be expended to improve the quality of, and access
12	to, integrated community day and employment support programs for individuals with intellectual
13	and developmental disabilities. Funds shall be dedicated to a transformation and transition fund to
14	help providers strengthen their operating and service delivery models and/or to give providers
15	access to tools and technology that support consumers’ needs for living meaningful lives of their
16	choosing in the community; allow providers the opportunity to participate in an outcome-based
17	payment methodology that will link payments to quality benchmarks and performance standards;
18	reducing administrative burdens for providers; and investments in state infrastructure to implement
19	and manage these initiatives, support substantial compliance with the consent decree, and prepare
20	for inclusion of the I/DD population in the caseload estimating conference. All disbursements from
21	this investment must be approved by the Office of Management and Budget and the Executive
22	Office of Health and Human Services; approval will be based upon a review of final program details
23	and evidence of a clear connection between spending and long-term system transformation goals
24	to be provided by Behavioral Healthcare, Developmental Disabilities and Hospitals. All
25	unexpended or unencumbered balances of this fund, at the end of any fiscal year, shall be
26	reappropriated to the ensuing fiscal year and made immediately available for the same purposes.
27	Restricted Receipts 336,275
28	Other Funds
29	Rhode Island Capital Plan Funds
30	DD Residential Development 100,000
31	Total – Services for the Developmentally Disabled 294,428,919
32	Behavioral Healthcare Services
33	General Revenues 2,245,753
34	Federal Funds 28,711,299
	LC002437 - Page 18 of 407
1	Restricted Receipts 2,183,334
2	Total – Behavioral Healthcare Services 33,140,386
3	Hospital and Community Rehabilitative Services
4	General Revenues 77,704,398
5	Of this appropriation, funds may be used to support patient centered care provided in an
6	appropriate setting.
7	Restricted Receipts 9,750
8	Other Funds
9	Rhode Island Capital Plan Funds
10	Hospital Equipment 300,000
11	Total - Hospital and Community Rehabilitative Services 78,014,148
12	Grand Total – Behavioral Healthcare, Developmental
13	Disabilities, and Hospitals 415,887,707
14	Office of the Child Advocate
15	General Revenues 1,044,909
16	Federal Funds 134,759
17	Grand Total – Office of the Child Advocate 1,179,668
18	Commission on the Deaf and Hard of Hearing
19	General Revenues 612,440
20	Restricted Receipts 162,802
21	Grand Total – Comm. On Deaf and Hard of Hearing 775,242
22	Governor’s Commission on Disabilities
23	General Revenues
24	General Revenues 576,411
25	Livable Home Modification Grant Program 507,850
26	Provided that this will be used for home modification and accessibility enhancements to
27	construct, retrofit, and/or renovate residences to allow individuals to remain in community settings.
28	This will be in consultation with the Executive Office of Health and Human Services.
29	Federal Funds 380,316
30	Restricted Receipts 59,455
31	Total – Governor’s Commission on Disabilities 1,524,032
32	Office of the Mental Health Advocate
33	General Revenues 646,303
	LC002437 - Page 19 of 407
1	Elementary and Secondary Education
2	Administration of the Comprehensive Education Strategy
3	General Revenues 23,407,506
4	Provided that $90,000 be allocated to support the hospital school at Hasbro Children’s
5	Hospital pursuant to Rhode Island General Law, Section 16-7-20 and that $395,000 be allocated to
6	support child opportunity zones through agreements with the Department of Elementary and
7	Secondary Education to strengthen education, health and social services for students and their
8	families as a strategy to accelerate student achievement.
9	Federal Funds 233,440,010
10	Restricted Receipts
11	Restricted Receipts 2,266,808
12	HRIC Adult Education Grants 3,500,000
13	Total – Admin. of the Comprehensive Ed. Strategy 262,614,324
14	Davies Career and Technical School
15	General Revenues 14,437,904
16	Federal Funds 742,528
17	Restricted Receipts 4,819,592
18	Other Funds
19	Rhode Island Capital Plan Funds
20	Davies School HVAC 900,000
21	Davies School Asset Protection 665,000
22	Davies School Healthcare Classroom Renovations 500,000
23	Total – Davies Career and Technical School 22,065,024
24	RI School for the Deaf
25	General Revenues 7,242,627
26	Federal Funds 210,648
27	Restricted Receipts 469,779
28	Other Funds
29	School for the Deaf Transformation Grants 59,000
30	Rhode Island Capital Plan Funds
31	School for the Deaf Asset Protection 250,000
32	Total – RI School for the Deaf 8,232,054
33	Metropolitan Career and Technical School
34	General Revenues 9,342,007
	LC002437 - Page 20 of 407
1	Other Funds
2	Rhode Island Capital Plan Funds
3	MET School Asset Protection 250,000
4	Total – Metropolitan Career and Technical School 9,592,007
5	Education Aid
6	General Revenues 1,022,047,297
7	Provided that the criteria for the allocation of early childhood funds shall prioritize
8	prekindergarten seats and classrooms for four-year-olds whose family income is at or below one
9	hundred eighty-five percent (185%) of federal poverty guidelines and who reside in communities
10	with higher concentrations of low performing schools.
11	Restricted Receipts 36,146,758
12	Other Funds
13	Permanent School Fund 300,000
14	Total – Education Aid 1,058,494,055
15	Central Falls School District
16	General Revenues 47,702,746
17	School Construction Aid
18	General Revenues
19	School Housing Aid 79,409,186
20	School Building Authority Capital Fund 590,814
21	Total – School Construction Aid 80,000,000
22	Teachers' Retirement
23	General Revenues 123,916,166
24	Grand Total – Elementary and Secondary Education 1,612,616,376
25	Public Higher Education
26	Office of Postsecondary Commissioner
27	General Revenues 17,339,410
28	Provided that $355,000 shall be allocated to the Rhode Island College Crusade pursuant to
29	the Rhode Island General Law, Section 16-70-5 and that $75,000 shall be allocated to Best Buddies
30	Rhode Island to support its programs for children with developmental and intellectual disabilities.
31	It is also provided that $7,680,838 shall be allocated to the Rhode Island Promise Scholarship
32	program and $147,000 shall be used to support Rhode Island’s membership in the New England
33	Board of Higher Education.
34	Federal Funds
	LC002437 - Page 21 of 407
1	Federal Funds 6,780,470
2	Guaranty Agency Administration 400,000
3	Provided that an amount equivalent to not more than ten (10) percent of the guaranty
4	agency operating fund appropriated for direct scholarship and grants in fiscal year 2022 shall be
5	appropriated for guaranty agency administration in fiscal year 2022. This limitation
6	notwithstanding, final appropriations for fiscal year 2022 for guaranty agency administration may
7	also include any residual monies collected during fiscal year 2022 that relate to guaranty agency
8	operations, in excess of the foregoing limitation.
9	Guaranty Agency Operating Fund – Scholarships & Grants 4,000,000
10	Restricted Receipts 3,485,642
11	Other Funds
12	Tuition Savings Program – Dual Enrollment 2,300,000
13	Tuition Savings Program – Scholarships and Grants 5,595,000
14	Nursing Education Center – Operating 2,589,674
15	Rhode Island Capital Plan Funds
16	Higher Education Centers 1,932,500
17	Provided that the state fund no more than 50.0 percent of the total project cost.
18	Total – Office of Postsecondary Commissioner 44,422,696
19	University of Rhode Island
20	General Revenues
21	General Revenues 83,827,615
22	Provided that in order to leverage federal funding and support economic development,
23	$350,000 shall be allocated to the Small Business Development Center and that $50,000 shall be
24	allocated to Special Olympics Rhode Island to support its mission of opportunities for individuals
25	with intellectual and developmental disabilities, providing athletic opportunities for individuals
26	with intellectual and developmental disabilities.
27	Debt Service 29,837,239
28	RI State Forensics Laboratory 1,317,901
29	Other Funds
30	University and College Funds 685,449,813
31	Debt – Dining Services 979,827
32	Debt – Education and General 4,833,788
33	Debt – Health Services 119,246
34	Debt – Housing Loan Funds 12,771,303
	LC002437 - Page 22 of 407
1	Debt – Memorial Union 322,507
2	Debt – Ryan Center 2,734,158
3	Debt – Parking Authority 1,311,087
4	Debt – Restricted Energy Conservation 530,994
5	Debt – URI Energy Conservation 2,039,606
6	Rhode Island Capital Plan Funds
7	Asset Protection 9,900,000
8	Total – University of Rhode Island 835,975,084
9	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
10	unencumbered balances as of June 30, 2022 relating to the University of Rhode Island are hereby
11	reappropriated to fiscal year 2023.
12	Rhode Island College
13	General Revenues
14	General Revenues 52,208,155
15	Debt Service 6,024,998
16	Other Funds
17	University and College Funds 113,860,455
18	Debt – Education and General 881,355
19	Debt – Housing 366,667
20	Debt – Student Center and Dining 155,000
21	Debt – Student Union 208,800
22	Debt – G.O. Debt Service 1,642,434
23	Debt – Energy Conservation 674,475
24	Rhode Island Capital Plan Funds
25	Asset Protection 4,733,000
26	Infrastructure Modernization 4,550,000
27	Total – Rhode Island College 185,305,339
28	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
29	unencumbered balances as of June 30, 2022 relating to Rhode Island College are hereby
30	reappropriated to fiscal year 2023.
31	Community College of Rhode Island
32	General Revenues
33	General Revenues 52,427,080
34	Debt Service 1,095,685
	LC002437 - Page 23 of 407
1	Federal Funds 5,252,278
2	Restricted Receipts 660,191
3	Other Funds
4	University and College Funds 99,556,679
5	Rhode Island Capital Plan Funds
6	Asset Protection 3,037,615
7	Knight Campus Renewal 2,750,000
8	Knight Campus Lab Renovation 887,902
9	Data, Cabling, and Power Infrastructure 1,500,000
10	Flanagan Campus Renovation and Modernization 2,000,000
11	Total – Community College of RI 169,167,430
12	Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or
13	unencumbered balances as of June 30, 2022 relating to the Community College of Rhode Island
14	are hereby reappropriated to fiscal year 2023.
15	Grand Total – Public Higher Education 1,234,870,549
16	RI State Council on the Arts
17	General Revenues
18	Operating Support 873,105
19	Grants 1,215,000
20	Provided that $375,000 be provided to support the operational costs of WaterFire
21	Providence art installations.
22	Federal Funds 1,164,562
23	Restricted Receipts 70,000
24	Other Funds
25	Art for Public Facilities 495,000
26	Grand Total – RI State Council on the Arts 3,817,667
27	RI Atomic Energy Commission
28	General Revenues 1,068,650
29	Restricted Receipts 25,036
30	Other Funds
31	URI Sponsored Research 331,367
32	Rhode Island Capital Plan Funds
33	RINSC Asset Protection 50,000
34	Grand Total – RI Atomic Energy Commission 1,475,053
	LC002437 - Page 24 of 407
1	RI Historical Preservation and Heritage Commission
2	General Revenues 1,562,034
3	Provided that $30,000 support the operational costs of the Fort Adams Trust’s restoration
4	activities.
5	Federal Funds 715,112
6	Restricted Receipts 424,100
7	Other Funds
8	RIDOT Project Review 150,379
9	Grand Total – RI Historical Preservation and Heritage Comm. 2,851,625
10	Attorney General
11	Criminal
12	General Revenues 17,785,954
13	Federal Funds 2,524,560
14	Restricted Receipts 204,734
15	Total – Criminal 20,515,248
16	Civil
17	General Revenues 6,100,480
18	Restricted Receipts 766,603
19	Total – Civil 6,867,083
20	Bureau of Criminal Identification
21	General Revenues 1,836,927
22	Restricted Receipts 1,005,774
23	Total – Bureau of Criminal Identification 2,842,701
24	General
25	General Revenues 4,161,573
26	Other Funds
27	Rhode Island Capital Plan Funds
28	Building Renovations and Repairs 150,000
29	Total – General 4,311,573
30	Grand Total – Attorney General 34,536,605
31	Corrections
32	Central Management
33	General Revenues 15,762,495
34	Parole Board
	LC002437 - Page 25 of 407
1	General Revenues 1,402,115
2	Federal Funds 77,534
3	Total – Parole Board 1,479,649
4	Custody and Security
5	General Revenues 138,715,578
6	Federal Funds 1,044,858
7	Total – Custody and Security 139,760,436
8	Institutional Support
9	General Revenues 21,580,243
10	Other Funds
11	Rhode Island Capital Plan Funds
12	Asset Protection 5,125,000
13	Total – Institutional Support 26,705,243
14	Institutional Based Rehab./Population Management
15	General Revenues 11,163,869
16	Provided that $1,050,000 be allocated to Crossroads Rhode Island for sex offender
17	discharge planning.
18	Federal Funds 832,927
19	Restricted Receipts 49,600
20	Total – Institutional Based Rehab/Population Mgt. 12,046,396
21	Healthcare Services
22	General Revenues 25,847,217
23	Of this general revenue funding, $750,000 shall be expended to expand access to behavioral
24	healthcare for individuals with severe and persistent mental illnesses incarcerated at the Adult
25	Correctional Institutions. Funds shall be dedicated to planning for and, as practicable, creation of a
26	Transitional Care Unit to provide robust behavioral healthcare to individuals in this population
27	whose needs do not rise to the level of requiring care at the existing Residential Treatment Unit at
28	the High Security facility but who nonetheless would require or benefit from a level of care beyond
29	that which is delivered to the general population. All disbursements from this fund must occur in
30	pursuit of collaborative development by the Department of Corrections, the Office of the Governor,
31	and the Office of management and Budget of a final approved long-term strategy for meeting the
32	needs of the severely and persistently mentally ill population, or in furtherance of the needs and
33	goals identified in the final approved long-term strategy, potentially including but not limited to
34	creation of a Transitional Care Unit and expansion of programming. All unexpended or
	LC002437 - Page 26 of 407
1	unencumbered balances of this fund, at the end of any fiscal year, shall be reappropriated to the
2	ensuing fiscal year and made immediately available for the same purposes.
3	Federal Funds 193,103
4	Restricted Receipts 2,274,537
5	Total – Healthcare Services 28,314,857
6	Community Corrections
7	General Revenues 18,643,969
8	Federal Funds 97,867
9	Restricted Receipts 14,883
10	Total – Community Corrections 18,756,719
11	Grand Total – Corrections 242,825,795
12	Judiciary
13	Supreme Court
14	General Revenues
15	General Revenues 30,307,546
16	Provided however, that no more than $1,435,110 in combined total shall be offset to the
17	Public Defender’s Office, the Attorney General’s Office, the Department of Corrections, the
18	Department of Children, Youth, and Families, and the Department of Public Safety for square-
19	footage occupancy costs in public courthouses and further provided that $230,000 be allocated to
20	the Rhode Island Coalition Against Domestic Violence for the domestic abuse court advocacy
21	project pursuant to Rhode Island General Law, Section 12-29-7 and that $90,000 be allocated to
22	Rhode Island Legal Services, Inc. to provide housing and eviction defense to indigent individuals.
23	Defense of Indigents 5,075,432
24	Federal Funds 137,603
25	Restricted Receipts 3,860,637
26	Other Funds
27	Rhode Island Capital Plan Funds
28	Garrahy Courtroom Restoration 250,000
29	Murray Courtroom Restoration 700,000
30	Judicial Complexes – HVAC 1,000,000
31	Judicial Complexes Asset Protection 1,500,000
32	Judicial Complexes Fan Coil Unit Replacements 750,000
33	Licht Judicial Complex Restoration 750,000
34	Total - Supreme Court 44,331,218
	LC002437 - Page 27 of 407
1	Judicial Tenure and Discipline
2	General Revenues 155,863
3	Superior Court
4	General Revenues 25,094,424
5	Federal Funds 111,542
6	Restricted Receipts 407,207
7	Total – Superior Court 25,613,173
8	Family Court
9	General Revenues 23,831,402
10	Federal Funds 3,106,857
11	Total – Family Court 26,938,259
12	District Court
13	General Revenues 14,537,079
14	Federal Funds 185,875
15	Restricted Receipts 60,000
16	Total - District Court 14,782,954
17	Traffic Tribunal
18	General Revenues 9,786,908
19	Workers' Compensation Court
20	Restricted Receipts 9,309,410
21	Grand Total – Judiciary 130,917,785
22	Military Staff
23	General Revenues 2,608,853
24	Federal Funds 36,614,294
25	Restricted Receipts
26	RI Military Family Relief Fund 55,000
27	Other Funds
28	Rhode Island Capital Plan Funds
29	Aviation Readiness Center 535,263
30	AMC Roof Replacement 366,500
31	Asset Protection 930,000
32	Grand Total – Military Staff 41,109,910
33	Public Safety
34	Central Management
	LC002437 - Page 28 of 407
1	General Revenues 916,952
2	Federal Funds 10,901,167
3	Restricted Receipts 189,556
4	Total – Central Management 12,007,675
5	E-911 Emergency Telephone System
6	Restricted Receipts 7,439,128
7	Security Services
8	General Revenues 27,319,253
9	Municipal Police Training Academy
10	General Revenues 313,703
11	Federal Funds 451,295
12	Total – Municipal Police Training Academy 764,998
13	State Police
14	General Revenues 77,205,503
15	Federal Funds 6,110,321
16	Restricted Receipts 1,705,997
17	Other Funds
18	Airport Corporation Assistance 150,000
19	Road Construction Reimbursement 2,500,000
20	Weight and Measurement Reimbursement 400,000
21	Rhode Island Capital Plan Funds
22	DPS Asset Protection 791,000
23	Training Academy Upgrades 750,000
24	Administrative Support Bldg Renovation 200,000
25	Statewide Communications System Network 237,370
26	Total–State Police 90,050,191
27	Grand Total – Public Safety 137,581,245
28	Office of Public Defender
29	General Revenues 13,508,789
30	Federal Funds 75,665
31	Grand Total – Office of Public Defender 13,584,454
32	Emergency Management Agency
33	General Revenues 2,655,619
34	Federal Funds 16,472,597
	LC002437 - Page 29 of 407
1	Restricted Receipts 527,472
2	Other Funds
3	Rhode Island Capital Plan Funds
4	RI Statewide Communications Network 1,494,400
5	Emergency Management Building 250,000
6	Grand Total – Emergency Management Agency 21,400,088
7	Environmental Management
8	Office of the Director
9	General Revenues 7,492,463
10	Of this general revenue amount, $50,000 is appropriated to the Conservation Districts.
11	Restricted Receipts 4,189,798
12	Total – Office of the Director 11,682,261
13	Natural Resources
14	General Revenues 25,656,995
15	Federal Funds 21,970,240
16	Restricted Receipts 5,454,434
17	Other Funds
18	DOT Recreational Projects 762,000
19	Blackstone Bike Path Design 1,000,000
20	Transportation MOU 10,286
21	Rhode Island Capital Plan Funds
22	Blackstone Valley Bike Path 500,000
23	Dam Repair 90,000
24	Fort Adams Rehabilitation 300,000
25	Galilee Pier Upgrades 1,420,000
26	Newport Pier Upgrades 150,000
27	Recreation Facility Asset Protection 750,000
28	Recreational Facilities Improvement 3,200,000
29	Total – Natural Resources 61,263,955
30	Environmental Protection
31	General Revenues 13,487,916
32	Federal Funds 10,753,650
33	Restricted Receipts 7,457,559
34	Other Funds
	LC002437 - Page 30 of 407
1	Transportation MOU 63,565
2	Total – Environmental Protection 31,762,690
3	Grand Total – Environmental Management 104,708,906
4	Coastal Resources Management Council
5	General Revenues 2,852,347
6	Federal Funds 1,850,628
7	Restricted Receipts 250,000
8	Other Funds
9	Rhode Island Capital Plan Funds
10	Narragansett Bay SAMP 75,115
11	RI Coastal Storm Risk Study 475,000
12	Grand Total – Coastal Resources Mgmt. Council 5,503,090
13	Transportation
14	Central Management
15	Federal Funds 16,066,910
16	Other Funds
17	Gasoline Tax 8,916,854
18	Total – Central Management 24,983,764
19	Management and Budget
20	Other Funds
21	Gasoline Tax 5,380,347
22	Infrastructure Engineering
23	Federal Funds 417,135,144
24	Restricted Receipts 2,589,202
25	Other Funds
26	Gasoline Tax 71,600,226
27	Toll Revenue 35,089,593
28	Land Sale Revenue 5,979,719
29	Rhode Island Capital Plan Funds
30	Highway Improvement Program 63,451,346
31	Bike Path Facilities Maintenance 400,000
32	RIPTA - Land and Buildings 1,330,000
33	RIPTA - Warwick Bus Hub 260,000
34	RIPTA – URI Mobility Hub 600,000
	LC002437 - Page 31 of 407
1	Total - Infrastructure Engineering 598,435,230
2	Infrastructure Maintenance
3	Federal Funds 18,077,170
4	Other Funds
5	Gasoline Tax 31,166,851
6	Non-Land Surplus Property 50,000
7	Rhode Island Highway Maintenance Account 87,096,275
8	Rhode Island Capital Plan Funds
9	Maintenance Capital Equipment Replacement 1,499,462
10	Maintenance Facilities Improvements 900,000
11	Welcome Center 150,000
12	Salt Storage Facilities 2,500,000
13	Train Station Maintenance and Repairs 450,000
14	Total – Infrastructure Maintenance 141,889,758
15	Grand Total – Transportation 770,689,099
16	Statewide Totals
17	General Revenues 4,371,272,821
18	Federal Funds 4,129,495,745
19	Restricted Receipts 341,871,722
20	Other Funds 2,327,828,073
21	Statewide Grand Total 11,170,468,361
22	SECTION 2. Each line appearing in Section 1 of this Article shall constitute an
23	appropriation.
24	SECTION 3. Upon the transfer of any function of a department or agency to another
25	department or agency, the Governor is hereby authorized by means of executive order to transfer
26	or reallocate, in whole or in part, the appropriations and the full-time equivalent limits affected
27	thereby; provided, however, in accordance with Rhode Island General Law, Section 42-6-5, when
28	the duties or administrative functions of government are designated by law to be performed within
29	a particular department or agency, no transfer of duties or functions and no re-allocation, in whole
30	or part, or appropriations and full-time equivalent positions to any other department or agency shall
31	be authorized.
32	SECTION 4. From the appropriation for contingency shall be paid such sums as may be
33	required at the discretion of the Governor to fund expenditures for which appropriations may not
34	exist. Such contingency funds may also be used for expenditures in the several departments and
	LC002437 - Page 32 of 407
1	agencies where appropriations are insufficient, or where such requirements are due to unforeseen
2	conditions or are non-recurring items of an unusual nature. Said appropriations may also be used
3	for the payment of bills incurred due to emergencies or to any offense against public peace and
4	property, in accordance with the provisions of Titles 11 and 45 of the General Laws of 1956, as
5	amended. All expenditures and transfers from this account shall be approved by the Governor.
6	SECTION 5. The general assembly authorizes the state controller to establish the internal
7	service accounts shown below, and no other, to finance and account for the operations of state
8	agencies that provide services to other agencies, institutions and other governmental units on a cost
9	reimbursed basis. The purpose of these accounts is to ensure that certain activities are managed in
10	a businesslike manner, promote efficient use of services by making agencies pay the full costs
11	associated with providing the services, and allocate the costs of central administrative services
12	across all fund types, so that federal and other non-general fund programs share in the costs of
13	general government support. The controller is authorized to reimburse these accounts for the cost
14	of work or services performed for any other department or agency subject to the following
15	expenditure limitations:
16	Account Expenditure Limit
17	State Assessed Fringe Benefit Internal Service Fund 37,626,944
18	Administration Central Utilities Internal Service Fund 27,345,573
19	State Central Mail Internal Service Fund 6,736,424
20	State Telecommunications Internal Service Fund 3,100,546
21	State Automotive Fleet Internal Service Fund 12,664,678
22	Surplus Property Internal Service Fund 3,000
23	Health Insurance Internal Service Fund 272,604,683
24	Other Post-Employment Benefits Fund 63,858,483
25	Capitol Police Internal Service Fund 1,731,553
26	Corrections Central Distribution Center Internal Service Fund 7,410,210
27	Correctional Industries Internal Service Fund 8,590,417
28	Secretary of State Record Center Internal Service Fund 1,060,059
29	Human Resources Internal Service Fund 13,962,865
30	DCAMM Facilities Internal Service Fund 43,562,371
31	Information Technology Internal Service Fund 48,951,700
32	SECTION 6. Legislative Intent - The General Assembly may provide a written "statement
33	of legislative intent" signed by the chairperson of the House Finance Committee and by the
34	chairperson of the Senate Finance Committee to show the intended purpose of the appropriations
	LC002437 - Page 33 of 407
1	contained in Section 1 of this Article. The statement of legislative intent shall be kept on file in the
2	House Finance Committee and in the Senate Finance Committee.
3	At least twenty (20) days prior to the issuance of a grant or the release of funds, which grant
4	or funds are listed on the legislative letter of intent, all department, agency and corporation
5	directors, shall notify in writing the chairperson of the House Finance Committee and the
6	chairperson of the Senate Finance Committee of the approximate date when the funds are to be
7	released or granted.
8	SECTION 7. Appropriation of Temporary Disability Insurance Funds -- There is hereby
9	appropriated pursuant to sections 28-39-5 and 28-39-8 of the Rhode Island General Laws all funds
10	required to be disbursed for the benefit payments from the Temporary Disability Insurance Fund
11	and Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 2022.
12	SECTION 8. Appropriation of Employment Security Funds -- There is hereby appropriated
13	pursuant to section 28-42-19 of the Rhode Island General Laws all funds required to be disbursed
14	for benefit payments from the Employment Security Fund for the fiscal year ending June 30, 2022.
15	SECTION 9. Appropriation of Lottery Division Funds -- There is hereby appropriated to
16	the Lottery Division any funds required to be disbursed by the Lottery Division for the purposes of
17	paying commissions or transfers to the prize fund for the fiscal year ending June 30, 2022.
18	SECTION 10. Appropriation of CollegeBoundSaver Funds – There is hereby appropriated
19	to the Office of the General Treasurer designated funds received under the CollegeBoundSaver
20	program for transfer to the Division of Higher Education Assistance within the Office of the
21	Postsecondary Commissioner to support student financial aid for the fiscal year ending June 30,
22	2022.
23	SECTION 11. Departments and agencies listed below may not exceed the number of full-
24	time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do
25	not include limited period positions or, seasonal or intermittent positions whose scheduled period
26	of employment does not exceed twenty-six consecutive weeks or whose scheduled hours do not
27	exceed nine hundred and twenty-five (925) hours, excluding overtime, in a one-year period. Nor do
28	they include individuals engaged in training, the completion of which is a prerequisite of
29	employment. Provided, however, that the Governor or designee, Speaker of the House of
30	Representatives or designee, and the President of the Senate or designee may authorize an
31	adjustment to any limitation. Prior to the authorization, the State Budget Officer shall make a
32	detailed written recommendation to the Governor, the Speaker of the House, and the President of
33	the Senate. A copy of the recommendation and authorization to adjust shall be transmitted to the
	LC002437 - Page 34 of 407
1	chairman of the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor
2	and the Senate Fiscal Advisor.
3	State employees whose funding is from non-state general revenue funds that are time
4	limited shall receive limited term appointment with the term limited to the availability of non-state
5	general revenue funding source.
6	FY 2022 FTE POSITION AUTHORIZATION
7	Departments and Agencies Full-Time Equivalent
8	Administration 649.7
9	Provided that no more than 421.5 of the total authorization would be limited to positions
10	that support internal service fund programs.
11	Business Regulation 176.0
12	Executive Office of Commerce 16.0
13	Labor and Training 462.7
14	Revenue 574.5
15	Legislature 298.5
16	Office of the Lieutenant Governor 8.0
17	Office of the Secretary of State 59.0
18	Office of the General Treasurer 89.0
19	Board of Elections 13.0
20	Rhode Island Ethics Commission 12.0
21	Office of the Governor 45.0
22	Commission for Human Rights 14.0
23	Public Utilities Commission 54.0
24	Office of Health and Human Services 190.0
25	Children, Youth, and Families 627.5
26	Health 517.6
27	Human Services 753.0
28	Office of Veterans Services 263.1
29	Office of Healthy Aging 31.0
30	Behavioral Healthcare, Developmental Disabilities, and Hospitals 1,042.4
31	Office of the Child Advocate 10.0
32	Commission on the Deaf and Hard of Hearing 4.0
33	Governor’s Commission on Disabilities 4.0
34	Office of the Mental Health Advocate 4.0
	LC002437 - Page 35 of 407
1	Elementary and Secondary Education 142.1
2	School for the Deaf 60.0
3	Davies Career and Technical School 123.0
4	Office of Postsecondary Commissioner 33.0
5	Provided that 1.0 of the total authorization would be available only for positions that are
6	supported by third-party funds, 10.0 would be available only for positions at the State’s Higher
7	Education Centers located in Woonsocket and Westerly, and 10.0 would be available only for
8	positions at the Nursing Education Center.
9	University of Rhode Island 2,555.0
10	Provided that 357.8 of the total authorization would be available only for positions that are
11	supported by third-party funds.
12	Rhode Island College 949.2
13	Provided that 76.0 of the total authorization would be available only for positions that are
14	supported by third-party funds.
15	Community College of Rhode Island 849.1
16	Provided that 89.0 of the total authorization would be available only for positions that are
17	supported by third-party funds.
18	Rhode Island State Council on the Arts 9.6
19	RI Atomic Energy Commission 8.6
20	Historical Preservation and Heritage Commission 15.6
21	Office of the Attorney General 243.1
22	Corrections 1,424.0
23	Judicial 726.3
24	Military Staff 92.0
25	Emergency Management Agency 33.0
26	Public Safety 622.6
27	Office of the Public Defender 99.0
28	Environmental Management 401.0
29	Coastal Resources Management Council 30.0
30	Transportation 755.0
31	Total 15,089.2
32	SECTION 12. The amounts reflected in this Article include the appropriation of Rhode
33	Island Capital Plan funds for fiscal year 2022 and supersede appropriations provided for FY 2022
34	within Section 12 of Article 1 of Chapter 080 of the P.L. of 2020.
	LC002437 - Page 36 of 407
1	The following amounts are hereby appropriated out of any money in the State’s Rhode
2	Island Capital Plan Fund not otherwise appropriated to be expended during the fiscal years ending
3	June 30, 2023, June 30, 2024, June 30, 2025, and June 30, 2026. These amounts supersede
4	appropriations provided within Section 12 of Article 1 of Chapter 080 of the P.L. of 2020.
5	In the event that a capital project appropriated in the budget year is overspent, the
6	department may utilize future fiscal year’s funding as listed in this section below providing that the
7	project in total does not exceed the limits set forth for each project.
8	For the purposes and functions hereinafter mentioned, the State Controller is hereby
9	authorized and directed to draw his or her orders upon the General Treasurer for the payment of
10	such sums and such portions thereof as may be required by him or her upon receipt of properly
11	authenticated vouchers.
12	FY Ending FY Ending FY Ending FY Ending
13	Project 06/30/2023 06/30/2024 06/30/2025 06/30/2026
14	DOA – 560 Jefferson Boulevard 150,000 150,000 1,550,000 1,050,000
15	DOA – Accessibility 1,000,000 1,000,000 1,000,000 1,000,000
16	DOA – Arrigan Center 825,000 125,000 50,000 200,000
17	DOA – Substance Abuse Facilities 375,000 375,000 375,000 375,000
18	DOA – Big River Management 180,000 130,000 130,000 130,000
19	DOA – Cannon Building 1,350,000 3,725,000 4,125,000 4,025,000
20	DOA – Chapin Health Lab 500,000 425,000 350,000 0
21	DOA – Convention Center
22	Authority 4,250,000 5,250,000 3,500,000 3,500,000
23	DOA – Cranston Street Armory 750,000 2,250,000 3,250,000 100,000
24	DOA – BHDDH MH Facilities 300,000 300,000 300,000 300,000
25	DOA – BHDDH Group Homes
26	Fire Protection 325,000 325,000 0 0
27	DOA – BHDDH DD Facilities 450,000 450,000 450,000 450,000
28	DOA – BHDDH Group Homes 750,000 750,000 750,000 750,000
29	DOA – Zambarano Utilities &
30	Infrastructure 300,000 500,000 0 0
31	DOA – DoIT Enterprise
32	Operations Center 2,300,000 2,050,000 1,150,000 1,050,000
33	DOA – Dunkin Donuts Center 2,300,000 2,300,000 2,775,000 2,775,000
34	DOA – Environmental
	LC002437 - Page 37 of 407
1	Compliance 400,000 200,000 200,000 200,000
2	DOA – Energy Efficiency 1,250,000 1,000,000 1,000,000 1,000,000
3	DOA – Old State House 100,000 100,000 100,000 100,000
4	DOA – Statewide Facilities
5	Master Plan 200,000 500,000 250,000 0
6	DOA – Pastore Building
7	Demolition 1,000,000 1,000,000 0 0
8	DOA – Pastore Center
9	Medical Buildings
10	Asset Protection 500,000 500,000 500,000 500,000
11	DOA – Pastore Center
12	Non-Medical Buildings
13	Asset Protection 6,250,000 5,500,000 4,500,000 4,000,000
14	DOA – Pastore Electrical Utilities 450,000 450,000 450,000 450,000
15	DOA – Pastore Utilities Water 280,000 280,000 280,000 280,000
16	DOA – Security Measures
17	/State Buildings 500,000 500,000 500,000 500,000
18	DOA – Shepard Building 1,500,000 1,500,000 1,500,000 1,600,000
19	DOA – State House Renovations 2,100,000 2,450,000 1,200,000 1,200,000
20	DOA – State Office Building 100,000 100,000 100,000 100,000
21	DOA – State Office
22	Reorganization & Relocation 250,000 250,000 0 0
23	DOA – Replacement of
24	Fuel Tanks 730,000 430,000 330,000 330,000
25	DOA – Veterans Auditorium 765,000 100,000 75,000 100,000
26	DOA – Washington County
27	Gov. Center 650,000 650,000 650,000 350,000
28	DOA – William Powers Building 2,500,000 2,500,000 3,000,000 2,500,000
29	DBR – State Fire Marshal
30	Asset Protection 100,000 100,000 100,000 100,000
31	EOC – I-195 Commission 650,00 0 0 0
32	Sec. of State – Election Equipment 170,000 0 0 0
33	DCYF – Training School
34	Asset Protection 250,000 250,000 250,000 250,000
	LC002437 - Page 38 of 407
1	DOH – Laboratory Equipment 400,000 400,000 400,000 400,000
2	DHS – Blind Vending Facilities 165,000 165,000 165,000 165,000
3	DHS – Veterans Home
4	Asset Protection 400,000 500,000 500,000 500,000
5	DHS – Veterans Memorial Cemetery 200,000 1,000,000 250,000 0
6	BHDDH – Residential Support 100,000 100,000 100,000 100,000
7	BHDDH – Hospital Equipment 300,000 0 0 0
8	EL SEC – Davies School HVAC 900,000 0 0 0
9	EL SEC – Davies School
10	Asset Protection 500,000 500,000 500,000 500,000
11	EL SEC – Davies School
12	Healthcare Classroom
13	Renovations 4,500,000 0 0 0
14	EL SEC – Met School
15	Asset Protection 250,000 250,000 250,000 250,000
16	EL SEC – Met School
17	Roof Replacement 550,000 1,750,000 1,750,000 0
18	EL SEC – School for the Deaf
19	Asset Protection 75,000 75,000 75,000 75,000
20	URI – Asset Protection 11,350,000 11,494,395 9,276,000 9,554,280
21	URI – Fire Protection 0 0 0 3,148,695
22	URI – Stormwater Management 0 0 0 2,127,461
23	RIC – Asset Protection 5,518,000 5,431,657 4,538,000 4,674,140
24	RIC – Infrastructure
25	Modernization 4,900,000 4,900,000 4,500,000 4,635,000
26	CCRI – Asset Protection 3,246,000 2,653,124 2,719,452 2,719,452
27	CCRI – Data, Cabling and
28	Power Infrastructure 3,300,000 3,700,000 4,650,000 0
29	CCRI – Flanagan Campus
30	Renewal 2,000,000 6,000,000 2,500,000 0
31	CCRI – Knight Campus Renewal 750,000 0 0 0
32	CCRI – Renovation
33	and Modernization 5,000,000 9,000,000 14,000,000 0
34	Atomic Energy –
	LC002437 - Page 39 of 407
1	Asset Protection 50,000 50,000 50,000 50,000
2	Attorney General –
3	Asset Protection 150,000 150,000 150,000 150,000
4	DOC – Asset Protection 5,125,000 4,100,000 4,100,000 4,100,000
5	DOC – Training School Redesign 1,750,000 1,750,000 0 0
6	Judiciary – Garrahy Courthouse 0 2,250,000 2,250,000 0
7	Judiciary – Asset Protection 1,500,000 1,500,000 1,200,000 1,200,000
8	Judiciary – Complex HVAC 1,000,000 1,000,000 500,000 500,000
9	Judiciary – Licht Judicial Complex
10	Restoration 750,000 750,000 750,000 0
11	Judiciary – McGrath HVAC 225,000 0 0 0
12	Judiciary – Fan Coils 750,000 500,000 500,000 500,000
13	Judiciary – Garrahy Courtroom
14	Restoration 750,000 750,000 0 0
15	Military Staff – Aviation Readiness 535,263 126,166 574,183 1,092,311
16	Military Staff – Asset Protection 750,000 600,000 600,000 600,000
17	Military Staff – Quonset Airway
18	Runway Construction 95,700 1,842,912 926,505 0
19	EMA – RI Statewide
20	Communications Network 1,494,400 1,494,400 1,494,400 0
21	DPS – Asset Protection 750,000 750,000 750,000 750,000
22	DPS – Vehicle Replacement 600,000 1,200,000 1,800,000 1,800,000
23	DPS – Training Academy Asset
24	Protection 225,000 180,000 150,000 505,000
25	DPS – Administrative Support Building
26	Renovation 500,000 500,000 0 0
27	DPS – RISCON Microwave
28	Replacement 187,370 187,370 187,370 187,370
29	DEM – Dam Repair 1,800,000 2,250,000 2,360,000 2,000,000
30	DEM – Facilities Asset
31	Protection 500,000 500,000 500,000 500,000
32	DEM – Recreational Facilities
33	Improvements 3,700,000 2,560,000 2,400,000 1,930,000
34	DEM – Fort Adams Trust 300,000 300,000 300,000 300,000
	LC002437 - Page 40 of 407
1	DEM – Galilee Piers/Bulkhead 2,000,000 2,000,000 2,000,000 2,000,000
2	DEM – Natural Resources
3	Office & Visitor’s Center 250,000 250,000 2,500,000 2,000,000
4	DOT – Maintenance Facility
5	Improvement 500,000 500,000 500,000 500,000
6	DOT – Highway Improvement
7	Program 52,700,000 27,200,000 27,200,000 27,200,000
8	DOT – Bike Path Facilities
9	Maintenance 400,000 400,000 400,000 400,000
10	DOT – Salt Storage Facilities
11	Improvement 1,000,000 1,000,000 0 0
12	DOT – Train Station
13	Maintenance 350,000 350,000 350,000 350,000
14	DOT – Maintenance –
15	Capital Equipment Replacement 1,500,000 1,800,000 1,800,000 1,800,000
16	DOT – Welcome Center 200,000 200,000 150,000 150,000
17	DOT – RIPTA –
18	Land and Building Enhancements 500,000 500,000 500,000 500,000
19	DOT – RIPTA – URI Mobility 250,000 0 0 0
20	SECTION 13. Reappropriation of Funding for Rhode Island Capital Plan Fund Projects. –
21	Any unexpended and unencumbered funds from Rhode Island Capital Plan Fund project
22	appropriations shall be reappropriated in the ensuing fiscal year and made available for the same
23	purpose. However, any such reappropriations are subject to final approval by the General Assembly
24	as part of the supplemental appropriations act. Any unexpended funds of less than five hundred
25	dollars ($500) shall be reappropriated at the discretion of the State Budget Officer.
26	SECTION 14. For the Fiscal Year ending June 30, 2022, the Rhode Island Housing and
27	Mortgage Finance Corporation shall provide from its resources such sums as appropriate in support
28	of the Neighborhood Opportunities Program. The Corporation shall provide a report detailing the
29	amount of funding provided to this program, as well as information on the number of units of
30	housing provided as a result to the Director of Administration, the Chair of the Housing Resources
31	Commission, the Chair of the House Finance Committee, the Chair of the Senate Finance
32	Committee and the State Budget Officer.
33	SECTION 15. Sections 16-107-3 and 16-107-6 of the General Laws in Chapter 16-107
34	entitled "Rhode Island Promise Scholarship" are hereby amended as follows:
	LC002437 - Page 41 of 407
1	16-107-3. Establishment of scholarship program.
2	Beginning with the high school graduating class of 2017, it is hereby established the Rhode
3	Island promise scholarship programs that will end with the high school graduating class of 2021.
4	The general assembly shall annually appropriate the funds necessary to implement the purposes of
5	this chapter. Additional funds beyond the scholarships may be appropriated to support and advance
6	the Rhode Island promise scholarship program. In addition to appropriation by the general
7	assembly, charitable donations may be accepted into the scholarship program.
8	16-107-6. Eligibility for scholarship.
9	(a) Beginning with the students who enroll at the community college of Rhode Island in
10	the fall of 2017 and ending with students who enroll at the community college of Rhode Island in
11	the fall of 2021, to be considered for the scholarship, a student:
12	(1) Must qualify for in-state tuition and fees pursuant to the residency policy adopted by
13	the council on postsecondary education, as amended, supplemented, restated, or otherwise modified
14	from time to time ("residency policy"); provided, that, the student must have satisfied the high
15	school graduation/equivalency diploma condition prior to reaching nineteen (19) years of age;
16	provided, further, that in addition to the option of meeting the requirement by receiving a high
17	school equivalency diploma as described in the residency policy, the student can satisfy the
18	condition by receiving other certificates or documents of equivalent nature from the state or its
19	municipalities as recognized by applicable regulations promulgated by the council on elementary
20	and secondary education;
21	(2) Must be admitted to, and must enroll and attend the community college of Rhode Island
22	on a full-time basis by the semester immediately following high school graduation or the semester
23	immediately following receipt of a high school equivalency diploma;
24	(3) Must complete the FAFSA and any required FAFSA verification by the deadline
25	prescribed by the community college of Rhode Island for each year in which the student seeks to
26	receive funding under the scholarship program;
27	(4) Must continue to be enrolled on a full-time basis;
28	(5) Must maintain an average annual cumulative grade point average (GPA) of 2.5 or
29	greater, as determined by the community college of Rhode Island;
30	(6) Must remain on track to graduate on time as determined by the community college of
31	Rhode Island;
32	(7) Must not have already received an award under this scholarship program; and
33	(8) Must commit to live, work, or continue their education in Rhode Island after graduation.
	LC002437 - Page 42 of 407
1	The community college of Rhode Island shall develop a policy that will secure this
2	commitment from recipient students.
3	(b) Notwithstanding the eligibility requirements under subsection (a) of this section
4	("specified conditions"):
5	(i) In the case of a recipient student who has an approved medical or personal leave of
6	absence or is unable to satisfy one or more specified conditions because of the student's medical or
7	personal circumstances, the student may continue to receive an award under the scholarship
8	program upon resuming the student's education so long as the student continues to meet all other
9	applicable eligibility requirements; and
10	(ii) In the case of a recipient student who is a member of the national guard or a member
11	of a reserve unit of a branch of the United States military and is unable to satisfy one or more
12	specified conditions because the student is or will be in basic or special military training, or is or
13	will be participating in a deployment of the student's guard or reserve unit, the student may continue
14	to receive an award under the scholarship program upon completion of the student's basic or special
15	military training or deployment.
16	SECTION 16. Appropriation of Economic Activity Taxes in accordance with the city of
17	Pawtucket downtown redevelopment statute -- There is hereby appropriated for the fiscal year
18	ending June 30, 2022, all State Economic Activity Taxes to be collected pursuant to § 45-33.4-4 of
19	the Rhode Island General Laws, as amended (including, but not limited to, the amount of tax
20	revenues certified by the Commerce Corporation in accordance with § 45-33.4-1(13) of the Rhode
21	Island General Laws), for the purposes of paying debt service on bonds, funding debt service
22	reserves, paying costs of infrastructure improvements in and around the ballpark district, arts
23	district, and the growth center district, funding future debt service on bonds, and funding a
24	redevelopment revolving fund established in accordance with § 45-33-1 of the Rhode Island
25	General Laws.
26	SECTION 17. Reappropriation of Funding for the Intermodal Surface Transportation Fund
27	Projects. – Any unexpended and unencumbered funds from Intermodal Surface Transportation
28	Fund project appropriations shall be reappropriated in the ensuing fiscal year and made available
29	for the same purpose subject to available cash resources in the fund. However, any such
30	reappropriations are subject to final approval by the General Assembly as part of the supplemental
31	appropriations act.
32	SECTION 18. Extension of previous bond authorizations. – The general assembly,
33	pursuant to the provisions of section 35-8-25 of the general laws, hereby extends to the termination
34	dates contained herein, the authority to issue the following general obligation bond authorizations
	LC002437 - Page 43 of 407
1	in the amounts stated. The original authorizations enacted by public law and approved by the
2	people, that remain unissued as of March 1, 2021, are as follows:
3	Unissued
4	Amount to be
5	Purpose Statutory Reference Extended Termination Date
6	Mass Transit Hub Ch. 145-P.L. of 2014 $20,000,000 June 30, 2023
7	Infrastructure Bonds
8	SECTION 19. This article shall take effect as of July 1, 2021, except as otherwise provided
9	herein.
	LC002437 - Page 44 of 407
1	ARTICLE 2
2	RELATING TO STATE FUNDS
3	SECTION 1. Sections 21-28.10-8 and 21-28.10-10 of the General Laws in Chapter 21-
4	28.10 entitled “Opioid Stewardship Act” are hereby amended to read as follows:
5	21-28.10-8. Departmental annual reporting.
6	By January of each calendar year, the department of behavioral healthcare, developmental
7	disabilities and hospitals (BHDDH), the executive office of health and human services (EOHHS),
8	the department of children, youth and families (DCYF), the Rhode Island department of education
9	(RIDE), the Rhode Island office of veterans' services, the department of corrections (DOC), and
10	the department of labor and training (DLT), and any other department or agency receiving opioid
11	stewardship funds shall report annually to the governor, the speaker of the house, and the senate
12	president which programs in their respective departments were funded using monies from the
13	opioid stewardship fund and the total amount of funds spent on each program.
14	21-28.10-10. Creation of opioid stewardship fund.
15	(a) There is hereby established, in the custody of the department, a restricted-receipt
16	account to be known as the "opioid stewardship fund."
17	(b) Monies in the opioid stewardship fund shall be kept separate and shall not be
18	commingled with any other monies in the custody of the department.
19	(c) The opioid stewardship fund shall consist of monies appropriated for the purpose of
20	such account, monies transferred to such account pursuant to law, contributions consisting of
21	promises or grants of any money or property of any kind or value, or any other thing of value,
22	including grants or other financial assistance from any agency of government and monies required
23	by the provisions of this chapter or any other law to be paid into or credited to this account.
24	(d) Monies of the opioid stewardship fund shall be available to provide opioid treatment,
25	recovery, prevention, education services, and other related programs, subject to appropriation by
26	the general assembly.
27	(e) The budget officer is hereby authorized to create restricted receipt accounts entitled
28	“opioid stewardship fund allocation” in any department or agency of state government wherein
29	monies from the opioid stewardship fund are appropriated by the general assembly for the
30	programmatic purposes set forth in subsection (d) of this section.
31	SECTION 2. Sections 27-13.1-2 and 27-13.1-7 of the General Laws in Chapter 27-13.1
32	entitled “Examinations” are hereby amended to read as follows:
33	27-13.1-2. Definitions.
	LC002437 - Page 45 of 407
1	The following terms, as used in this chapter, shall have the respective meanings hereinafter
2	set forth:
3	(1) "Company" means a person engaging in or proposing or attempting to engage in any
4	transaction or kind of insurance or surety business and any person or group of persons who may
5	otherwise be subject to the administrative, regulatory or taxing authority of the director;
6	(2) "Department" means the department of business regulation;
7	(3) "Director" means the director of the department of business regulation of this state or
8	his or her designee;
9	(4) "Examiner" means an individual or firm having been authorized by the director to
10	conduct an examination or financial analysis under this chapter;
11	(5) "Insurer" means any insurance company doing business in this state; and
12	(6) "Person" means an individual, aggregation of individuals, trust, association, partnership
13	or corporation, or any affiliate thereof.; and
14	(7) “Pre-examination analysis,” as used in this chapter, means a process whereby the
15	department collects and analyzes information, including form complaints, filed forms, surveys,
16	reports and other sources in order to identify policies of or practices by or on behalf of a company
17	or a person subject to the jurisdiction of the office of the health insurance commissioner which may
18	pose a potential direct or indirect harm to consumers or that may be in violation of state or federal
19	laws or regulations.
20	27-13.1-7. Cost of examinations.
21	(a) The total cost of the pre-examination analyses and the examinations shall be borne by
22	the examined companies and shall include the following expenses:
23	(1) One hundred fifty percent (150%) of the total salaries and benefits paid to the examining
24	personnel of the banking and insurance division engaged in pre-examination analyses and those
25	examinations less any salary reimbursements;
26	(2) All reasonable technology costs related to the examination process. Technology costs
27	shall include the actual cost of software and hardware utilized in the examination process and the
28	cost of training examination personnel in the proper use of the software or hardware;
29	(3) All necessary and reasonable education and training costs incurred by the state to
30	maintain the proficiency and competence of the examining personnel. All these costs shall be
31	incurred in accordance with appropriate state of Rhode Island regulations, guidelines and
32	procedures.
33	(b) Expenses incurred pursuant to subsections (a)(2) and (a)(3) of this section shall be
34	allocated equally to each company domiciled in Rhode Island no more frequently than annually
	LC002437 - Page 46 of 407
1	and shall not exceed an annual average assessment of three thousand five hundred dollars ($3,500)
2	per company for any given three (3) calendar year period. Except as provided in R.I. Gen. Laws §
3	27-13.1-9(b), Aall revenues collected pursuant to this section shall be deposited as general
4	revenues. That assessment shall be in addition to any taxes and fees payable to the state.
5	SECTION 3. Chapter 27-13.1 of the General Laws entitled "Examinations" is hereby
6	amended by adding thereto the following section:
7	27-13.1-9. Health Insurance Examination Costs and Health Insurance Examination
8	Cost Recovery Account.
9	(a) There is hereby created in the general fund of the state and housed within the budget of
10	the department of business regulation a restricted receipt account entitled “Health Insurance
11	Regulation and System Planning Cost Recovery.” All funds in the account shall be utilized by the
12	office of the health insurance commissioner to support the purposes of this chapter.
13	(b) Notwithstanding the provision in R.I. Gen. Law § 27-13.1-7(b), all revenues collected
14	by the office of the health insurance commissioner or at the direction of the health insurance
15	commissioner pursuant to R.I. Gen. Law § 27-13.1-7(a)(1) in connection with pre- examination
16	analyses and examinations shall be deposited in the restricted receipt account created by subsection
17	(a).
18	SECTION 4. Section 35-1.1-5 of the General Laws in Chapter 35-1.1 entitled, “Office of
19	Management and Budget” is hereby amended to read as follows:
20	35-1.1-5. Federal grants management.
21	(a) The controller shall be responsible for managing federal grant applications; providing
22	administrative assistance to agencies regarding reporting requirements; providing technical
23	assistance; and approving agreements with federal agencies pursuant to § 35-1-1. The controller
24	shall:
25	(1) Establish state goals and objectives for maximizing the utilization of federal aid
26	programs;
27	(2) Ensure that the state establishes and maintains statewide federally mandated grants
28	management processes and procedures as mandated by the federal Office of Management and
29	Budget;
30	(3) Promulgate procedures and guidelines for all state departments, agencies, advisory
31	councils, instrumentalities of the state, and public higher education institutions covering
32	applications for federal grants;
33	(4) Require, upon request, any state department, agency, advisory council, instrumentality
34	of the state, or public higher education institution receiving a grant of money from the federal
	LC002437 - Page 47 of 407
1	government to submit a report to the controller of expenditures and program measures for the fiscal
2	period in question;
3	(5) Ensure state departments and agencies adhere to the requirements of § 42-41-5
4	regarding legislative appropriation authority and delegation thereof;
5	(6) Manage and oversee the disbursements of federal funds in accordance with § 35-6-42;
6	(7) Prepare the statewide cost allocation plan and serve as the monitoring agency to ensure
7	that state departments and agencies are working within the guidelines contained in the plan; and
8	(8) Provide technical assistance to agencies to ensure resolution and closure of all single
9	state audit findings and recommendations made by the auditor general related to federal funding.
10	(b) The division of accounts and control shall serve as the state clearinghouse for purposes
11	of coordinating federal grants, aid, and assistance applied for and/or received by any state
12	department, agency, advisory council, or instrumentality of the state. Any state department, agency,
13	advisory council, or instrumentality of the state applying for federal funds, aids, loans, or grants
14	shall file a summary notification of the intended application with the controller.
15	(1) When as a condition to receiving federal funds, the state is required to match the federal
16	funds, a statement shall be filed with the notice of intent or summary of the application stating:
17	(i) The amount and source of state funds needed for matching purposes;
18	(ii) The length of time the matching funds shall be required;
19	(iii) The growth of the program;
20	(iv) How the program will be evaluated;
21	(v) What action will be necessary should the federal funds be canceled, curtailed, or
22	restricted; and
23	(vi) Any other financial and program management data required by the office or by law.
24	(2) Except as otherwise required, any application submitted by an executive agency for
25	federal funds, aids, loans, or grants which will require state matching or replacement funds at the
26	time of application or at any time in the future, must be approved by the director of the office of
27	management and budget, or his or her designated agents, prior to its filing with the appropriate
28	federal agency. Any application submitted by an executive agency for federal funds, aids, loans, or
29	grants which will require state matching or replacement funds at the time of application or at any
30	time in the future, when funds have not been appropriated for that express purpose, must be
31	approved by the general assembly in accordance with § 42-41-5. When the general assembly is not
32	in session, the application shall be reported to and reviewed by the director pursuant to rules and
33	regulations promulgated by the director.
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1	(3) When any federal funds, aids, loans, or grants are received by any state department,
2	agency, advisory council, or instrumentality of the state, a report of the amount of funds received
3	shall be filed with the office; and this report shall specify the amount of funds that would reimburse
4	an agency for indirect costs, as provided for under federal requirements.
5	(4) The controller may refuse to issue approval for the disbursement of any state or federal
6	funds from the state treasury as the result of any application that is not approved as provided by
7	this section, or in regard to which the statement or reports required by this section were not filed.
8	(5) The controller shall be responsible for the orderly administration of this section and for
9	issuing the appropriate guidelines and regulations from each source of funds used.
10	(c) There is hereby created in the general fund of the state and housed within the budget of
11	the department of administration a restricted receipt account entitled “Grants Management System
12	Administration.” This account shall be used to fund centralized services relating to managing
13	federal grant applications; providing administrative assistance to agencies regarding reporting
14	requirements; providing technical assistance; and approving agreements with federal agencies
15	pursuant to § 35-1-1. Every state department and agency, as defined in R.I. General Laws § 35-1-
16	4, which receives federal assistance funds shall set aside an amount of the funds received equal to
17	a percentage as determined annually by the state controller multiplied by federal funds received.
18	All funds set aside and designated to be used for grants management shall be deposited into the
19	restricted receipt account established in this subsection.
20	SECTION 5. Section 35-3-24 of the General Laws in Chapter 35-3 entitled “State Budget”
21	is hereby amended to read as follows:
22	35-3-24. Control of state spending.
23	(a) All department and agency heads and their employees are responsible for ensuring that
24	financial obligations and expenditures for which they have responsibility do not exceed amounts
25	appropriated and are spent in accordance with state laws.
26	(b) Persons with the authority to obligate the state contractually for goods and services
27	shall be designated in writing by department and agency heads.
28	(c) In the event of an obligation, encumbrance, or expenditure in excess of general revenue
29	amounts appropriated, the department or agency head with oversight responsibility shall make a
30	written determination of the amount and the cause of the overobligation or overexpenditure, the
31	person(s) responsible, and corrective actions taken to prevent reoccurrence. The plan of corrective
32	actions contained within the report shall detail an appropriate plan to include, but not limited to,
33	such issues as the implementation of waiting lists, pro-rata reduction in payments and changes in
34	eligibility criteria as methods to address the shortfall. The report will be filed within thirty (30)
	LC002437 - Page 49 of 407
1	days of the discovery of the overobligation or overexpenditure with the budget officer, the
2	controller, the auditor general, and the chairpersons of the house and senate finance committees.
3	(d) In the event a quarterly report demonstrates an obligation, encumbrance, or expenditure
4	in excess of general revenue amounts appropriated in total to the department, the department or
5	agency head with oversight responsibility shall file monthly budget reports with the chairpersons
6	of the house and senate finance committees for the remainder of the fiscal year. The monthly budget
7	reports shall detail steps taken towards corrective actions and other measures to bring spending in
8	line with appropriations. In addition, the budget officer and controller shall ensure that the
9	department's or agency's obligations, encumbrances, and expenditures for the remainder of the
10	fiscal year result in the department or agency ending the fiscal year within amounts appropriated.
11	(e) The controller shall not authorize payments from general revenue for additional staff,
12	contracts, or purchases beyond service levels provided in the previous fiscal year or one-time
13	purchases of equipment or supplies for any department or agency not projected to end a fiscal year
14	within amounts appropriated unless the payments are necessitated by immediate health and safety
15	reasons or to be consistent with a corrective action plan, which shall be documented upon discovery
16	and reported, along with anticipated or actual expenditures, to the chairpersons of the house and
17	senate finance committees within fifteen (15) days.
18	(f) A state employee who has knowingly and willingly encumbered, obligated, or
19	authorized the expenditure of state funds in excess of amounts appropriated for those purposes or
20	entered into contracts without proper authorization may be placed on disciplinary suspension
21	without pay for up to thirty (30) days in accordance with § 36-4-36.
22	(g) A state employee who knowingly, willfully, and repeatedly authorizes actions resulting
23	in encumbrances or spending of state funds in excess of amounts appropriated may be fined up to
24	one thousand dollars ($1,000) and/or terminated from employment.
25	(h) Upon receipt of any budgetary information indicating an obligation, encumbrance, or
26	expenditure in excess of the amounts appropriated, the chairperson of the house or senate finance
27	committee may request a written report to be submitted by the director of administration within ten
28	(10) calendar days. The report shall indicate if the obligation, encumbrance, or expenditure in
29	excess of the amounts appropriated resulted in any disciplinary action or other penalty in
30	accordance with subsection (f) or (g) of this section. If not, the report shall explain why no
31	disciplinary action or other penalty was imposed in accordance with subsection (f) or (g).
32	SECTION 6. Sections 35-4-22.1, 35-4-22.2 and 35-4-27 of the General Laws in Chapter
33	35-4 entitled “State Funds” are hereby amended to read as follows:
34	35-4-22.1. Legislative appropriation authority.
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1	(a) An appropriation is a statutory enactment by the general assembly authorizing the
2	withdrawal of money from the State treasury. An enactment by the general assembly which only
3	authorizes, specifies, or otherwise provides that funds may be used for a particular purpose is not
4	an appropriation.
5	(a) (b) No agency shall establish new programs, or expand existing programs, including
6	any program involving nonstate monies, beyond the scope of those already established, recognized,
7	and appropriated for by the general assembly until the program and the availability of money is
8	submitted by the agency to the budget officer for recommendation to the general assembly.
9	(b) (c) No state agency may make expenditures of any restricted or special revenue funds,
10	whether these monies are received prior to expenditure or as reimbursement, unless these
11	expenditures are made pursuant to specific appropriations of the general assembly.
12	(d) Additional general revenue shall be deemed to be appropriated in order to:
13	(i) Comply with a court order,
14	(ii) Respond to a declared state of emergency,
15	(iii) Finance programs covered under the caseload estimating conference process set forth
16	in chapter 35-17 up to the officially adopted estimates in the current fiscal year when the current
17	appropriations act does not meet the revised estimate subject to the following conditions:
18	(1) Appropriations are made up to current fiscal year revenue availability as agreed to in
19	the revenue estimating conference process.
20	(2) If there is less revenue availability than the additional caseload need, Medical
21	Assistance and federally mandated programs are prioritized for additional appropriations and the
22	remainder of the additional availability is proportionally assigned to the remaining caseload
23	programs.
24	(e) If the general assembly enacts changes to the current year appropriations act, those
25	changes shall override subdivision (iii) of subsection (d) of this section.
26	35-4-22.2. Use of restricted or special revenue funds.
27	(a) Any restricted or special revenue funds which are received by a state agency which is
28	not otherwise appropriated to that state agency by the annual appropriation acts of the regular
29	session of the general assembly are hereby appropriated for that state agency for the purpose set
30	forth, except that no expenditure shall be made from and no obligation shall be incurred against
31	any restricted receipts or special revenue fund which has not been previously appropriated or
32	reappropriated or approved by the governor, the speaker of the house, and the president of the
33	senate, until that authorization has been transmitted to the state agency to make expenditure
34	therefrom.
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1	(b) State agencies desiring the governor's approval to expend or obligate receipts not
2	appropriated or reappropriated by the general assembly in the annual appropriation act or
3	supplemental appropriation act shall forward a request to the state budget officer, who shall forward
4	a copy to the speaker of the house and the president of the senate.
5	(c) Notwithstanding any law to the contrary, the budget officer is hereby authorized to
6	create restricted receipt accounts within the budget of any state agency to account for the receipt
7	and expenditure of either privately donated funds from individuals or corporate entities, funds
8	received from any nonprofit charitable organization qualifying for exemption under section 501 (c)
9	(3) of the internal revenue code, the proceeds of a multistate settlement administered by the office
10	of the attorney general, and funds received pursuant to a contract or memorandum of agreement
11	with a department of another state that are restricted to a specific, time-limited purpose.
12	Expenditures from these accounts shall remain subject to the provisions of §§ 35-4-22, 35-4-22.1,
13	35-4-22.2 and 35-4-27.
14	(d) Upon the directive of the controller, with the consent of the auditor general, the budget
15	officer is hereby authorized to convert any escrow liability account to a restricted receipt account
16	whenever such conversion has been deemed prudent and appropriate by both the auditor general
17	and the controller according to generally accepted governmental accounting principles and/or
18	specific pronouncements of the governmental accounting standards board (GASB).
19	35-4-27. Indirect cost recoveries on restricted receipt accounts.
20	Indirect cost recoveries of ten percent (10%) of cash receipts shall be transferred from all
21	restricted-receipt accounts, to be recorded as general revenues in the general fund. However, there
22	shall be no transfer from cash receipts with restrictions received exclusively: (1) From contributions
23	from non-profit charitable organizations; (2) From the assessment of indirect cost-recovery rates
24	on federal grant funds; or (3) Through transfers from state agencies to the department of
25	administration for the payment of debt service. These indirect cost recoveries shall be applied to all
26	accounts, unless prohibited by federal law or regulation, court order, or court settlement. The
27	following restricted receipt accounts shall not be subject to the provisions of this section:
28	Executive Office of Health and Human Services
29	Organ Transplant Fund
30	HIV Care Grant Drug Rebates
31	Health System Transformation Project
32	Health Spending Transparency and Containment Account
33	Adult Use Marijuana Program Licensing
34	Department of Human Services
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1	Veterans' home – Restricted account
2	Veterans' home – Resident benefits
3	Pharmaceutical Rebates Account
4	Demand Side Management Grants
5	Veteran's Cemetery Memorial Fund
6	Donations – New Veterans' Home Construction
7	Department of Health
8	Pandemic medications and equipment account
9	Miscellaneous Donations/Grants from Non-Profits
10	State Loan Repayment Match
11	Healthcare Information Technology
12	Adult Use Marijuana Program
13	Department of Behavioral Healthcare, Developmental Disabilities and Hospitals
14	Eleanor Slater non-Medicaid third-party payor account
15	Hospital Medicare Part D Receipts
16	RICLAS Group Home Operations
17	Adult Use Marijuana Program
18	Commission on the Deaf and Hard of Hearing
19	Emergency and public communication access account
20	Department of Environmental Management
21	National heritage revolving fund
22	Environmental response fund II
23	Underground storage tanks registration fees
24	De Coppet Estate Fund
25	Rhode Island Historical Preservation and Heritage Commission
26	Historic preservation revolving loan fund
27	Historic Preservation loan fund – Interest revenue
28	Department of Public Safety
29	E-911 Uniform Emergency Telephone System
30	Forfeited property – Retained
31	Forfeitures – Federal
32	Forfeited property – Gambling
33	Donation – Polygraph and Law Enforcement Training
34	Rhode Island State Firefighter's League Training Account
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1	Fire Academy Training Fees Account
2	Adult Use Marijuana Program
3	Attorney General
4	Forfeiture of property
5	Federal forfeitures
6	Attorney General multi-state account
7	Forfeited property – Gambling
8	Department of Administration
9	OER Reconciliation Funding
10	Health Insurance Market Integrity Fund
11	RI Health Benefits Exchange
12	Information Technology Investment Fund
13	Restore and replacement – Insurance coverage
14	Convention Center Authority rental payments
15	Investment Receipts – TANS
16	OPEB System Restricted Receipt Account
17	Car Rental Tax/Surcharge-Warwick Share
18	Grants Management System Administration
19	Executive Office of Commerce
20	Housing Resources Commission Restricted Account
21	Housing Production Fund
22	Department of Revenue
23	DMV Modernization Project
24	Jobs Tax Credit Redemption Fund
25	Legislature
26	Audit of federal assisted programs
27	Adult Use Marijuana Program
28	Marijuana Cash Use Surcharge
29	Department of Children, Youth and Families
30	Children's Trust Accounts – SSI
31	Military Staff
32	RI Military Family Relief Fund
33	RI National Guard Counterdrug Program
34	Treasury
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1	Admin. Expenses – State Retirement System
2	Retirement – Treasury Investment Options
3	Defined Contribution – Administration - RR
4	Violent Crimes Compensation – Refunds
5	Treasury Research Fellowship
6	Business Regulation
7	Banking Division Reimbursement Account
8	Office of the Health Insurance Commissioner Reimbursement Account
9	Health Insurance Regulation and System Planning Cost Recovery
10	Securities Division Reimbursement Account
11	Commercial Licensing and Racing and Athletics Division Reimbursement Account
12	Insurance Division Reimbursement Account
13	Adult Use Marijuana Program
14	Historic Preservation Tax Credit Account
15	Judiciary
16	Arbitration Fund Restricted Receipt Account
17	Third-Party Grants
18	RI Judiciary Technology Surcharge Account
19	Department of Elementary and Secondary Education
20	Statewide Student Transportation Services Account
21	School for the Deaf Fee-for-Service Account
22	School for the Deaf – School Breakfast and Lunch Program
23	Davies Career and Technical School Local Education Aid Account
24	Davies – National School Breakfast & Lunch Program
25	School Construction Services
26	Office of the Postsecondary Commissioner
27	Higher Education and Industry Center
28	Department of Labor and Training
29	Job Development Fund
30	Rhode Island Council on the Arts
31	Governors’ Portrait Donation Fund
32	SECTION 7. Section 39-18.1-5 of the General Laws in Chapter 39-18.1 entitled
33	“Transportation Investment and Debt Reduction Act of 2011” is hereby amended to read as follows:
34	39-18.1-5. Allocation of funds.
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1	(a) The monies in the highway maintenance fund to be directed to the department of
2	transportation pursuant to § 39-18.1-4(b)(1) – (b)(3) shall be allocated through the transportation
3	improvement program process to provide the state match for federal transportation funds, in place
4	of borrowing, as approved by the state planning council. The expenditure of moneys in the highway
5	maintenance fund shall only be authorized for projects that appear in the state's transportation
6	improvement program.
7	(b) Provided, however, that beginning with fiscal year 2015 and annually thereafter, the
8	department of transportation will allocate necessary funding to programs that are designed to
9	eliminate structural deficiencies of the state's bridge, road, and maintenance systems and
10	infrastructure.
11	(c) Provided, further, that beginning July 1, 2015, five percent (5%) of available proceeds
12	in the Rhode Island highway maintenance account shall be allocated annually to the Rhode Island
13	public transit authority for operating expenditures.
14	(d) Provided, further, that from July 1, 2017, and annually thereafter, in addition to the
15	amount above, the Rhode Island public transit authority shall receive an amount of not less than
16	five million dollars ($5,000,000) each fiscal year, except for the period July 1, 2019 through June
17	30, 2022 during which such amount or a portion thereof may come from federal coronavirus relief
18	funds.
19	(e) Provided, further, that the Rhode Island public transit authority shall convene a
20	coordinating council consisting of those state agencies responsible for meeting the needs of low-
21	income seniors and persons with disabilities, along with those stakeholders that the authority deems
22	appropriate and are necessary to inform, develop, and implement the federally required coordinated
23	public transit human services transportation plan.
24	The council shall develop, as part of the state's federally required plan, recommendations
25	for the appropriate and sustainable funding of the free-fare program for low-income seniors and
26	persons with disabilities, while maximizing the use of federal funds available to support the
27	transportation needs of this population.
28	The council shall report these recommendations to the governor, the speaker of the house
29	of representatives, and the president of the senate no later than November 1, 2018.
30	SECTION 8. Section 42-75-13 of the General Laws in Chapter 42-75 entitled “Council on
31	the Arts” is hereby amended to read as follows:
32	42-75-13. Appropriation.
33	(a) During the fiscal year ending June 30, 2008, the state lottery division within the
34	department of revenue shall conduct, pursuant to chapter 61 of title 42, an instant game to be known
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1	as the "Arts Lottery Game." The net revenue from the first three (3) months of the running of the
2	"Arts Lottery Game" shall be deposited in a restricted-revenue account to be used by the Rhode
3	Island Council on the Arts for the support and improvement of the arts in this state. The provisions
4	of this section shall prevail over any inconsistent provisions of chapter 61 of title 42.
5	(b) The Rhode Island Council on the Arts shall deposit any funds received from the Rhode
6	Island Foundation in a restricted-receipt account to be used for the support and improvement of the
7	arts in this state. All such funds deposited shall be exempt from the indirect cost-recovery
8	provisions of § 35-24-27.
9	(c) Notwithstanding any law to the contrary, there is hereby created in the general fund of
10	the state and housed within the budget of the Rhode Island Council on the Arts a restricted receipt
11	account entitled “Governors’ Portrait Donation Fund.” This account shall be used to record all
12	receipts and expenditures of donations made for the purpose of supplementing the state
13	appropriation for the purchase of a governor’s portrait as set forth in R.I. Gen. Laws 37-8-9, and
14	for other related expenses as deemed appropriate by the Rhode Island Council on the Arts.
15	SECTION 9. This article shall take effect upon passage.
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1	ARTICLE 3
2	RELATING TO GOVERNMENT REFORM AND REORGANIZATION
3	SECTION 1. Transferring certain revenue collection functions of the Department of
4	Revenue, Division of Taxation, to the Department of Labor and Training.
5	In any General or Special Law of the State of Rhode Island, and specifically in Title 28,
6	Chapters 39, 40, 42 and 43 of the General Laws of Rhode Island, 1956, as amended, reference to
7	the collection of temporary disability insurance, employment security taxes or job development
8	fund by the division of taxation within the department of administration, now within the department
9	of revenue, shall be construed to refer to the department of labor and training. Any reference to the
10	tax administrator within the department of administration, now within the department of revenue,
11	with reference to the collection of temporary disability insurance, employment security taxes or job
12	development fund revenues shall be construed to refer to the director of the department of labor
13	and training. Any revenue collection duties conferred upon the division of taxation or the tax
14	administrator by said Title 28, Chapters 39, 40, 42 and 43 shall be construed to refer to the
15	department of labor and training or the director of the department of labor and training.
16	The law revision director of the joint committee on legislative services is authorized and
17	empowered to make appropriate changes in said Title 28, Chapters 39, 40, 42 and 43 and any other
18	section of the laws to carry out the intent of this act.
19	SECTION 2. Section 27-4.6-3 of the General Laws in Chapter 27-4.6 entitled "Risk-Based
20	Capital (RBC) for Insurers Act" is hereby amended to read as follows:
21	27-4.6-3. Company action level event.
22	(a) "Company action level event" means any of the following events:
23	(1) The filing of an RBC report by an insurer that indicates that:
24	(i) The insurer's total adjusted capital is greater than or equal to its regulatory action level
25	RBC but less than its company action level RBC;
26	(ii) If a life and/or health insurer, the insurer has total adjusted capital that is greater than
27	or equal to its company action level RBC but less than the product of its authorized control level
28	RBC and 2.5 3.0 and has a negative trend; or
29	(iii) If a property and casualty insurer, the insurer has total adjusted capital which is greater
30	than or equal to its company action level RBC but less than the product of its authorized control
31	level RBC and 3.0 and triggers the trend test determined in accordance with the trend test
32	calculation included in the property and casualty RBC instructions.
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1	(2) The notification by the commissioner to the insurer of an adjusted RBC report that
2	indicates an event in subdivision (a)(1), provided the insurer does not challenge the adjusted RBC
3	report under § 27-4.6-7; or
4	(3) If, pursuant to § 27-4.6-7, an insurer challenges an adjusted RBC report that indicates
5	the event in subdivision (a)(1), the notification by the commissioner to the insurer that the
6	commissioner has, after a hearing, rejected the insurer's challenge.
7	(b) In the event of a company action level event, the insurer shall prepare and submit to the
8	commissioner an RBC plan which shall:
9	(1) Identify the conditions that contribute to the company action level event;
10	(2) Contain proposals of corrective actions that the insurer intends to take and would be
11	expected to result in the elimination of the company action level event;
12	(3) Provide projections of the insurer's financial results in the current year and at least the
13	four (4) succeeding years, both in the absence of proposed corrective actions and giving effect to
14	the proposed corrective actions, including projections of statutory operating income, net income,
15	capital and/or surplus. (The projections for both new and renewal business might include separate
16	projections for each major line of business and separately identify each significant income, expense
17	and benefit component);
18	(4) Identify the key assumptions impacting the insurer's projections and the sensitivity of
19	the projections to the assumptions; and
20	(5) Identify the quality of, and problems associated with, the insurer's business, including,
21	but not limited to, its assets, anticipated business growth and associated surplus strain,
22	extraordinary exposure to risk, mix of business and use of reinsurance, if any, in each case.
23	(c) The RBC plan shall be submitted:
24	(1) Within forty-five (45) days of the company action level event; or
25	(2) If the insurer challenges an adjusted RBC report pursuant to § 27-4.6-7, within forty-
26	five (45) days after notification to the insurer that the commissioner has, after a hearing, rejected
27	the insurer's challenge.
28	(d) Within sixty (60) days after the submission by an insurer of an RBC plan to the
29	commissioner, the commissioner shall notify the insurer whether the RBC plan shall be
30	implemented or is, in the judgment of the commissioner, unsatisfactory. If the commissioner
31	determines that the RBC plan is unsatisfactory, the notification to the insurer shall set forth the
32	reasons for the determination, and may set forth proposed revisions which will render the RBC plan
33	satisfactory in the judgment of the commissioner. Upon notification from the commissioner, the
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1	insurer shall prepare a revised RBC plan, which may incorporate by reference any revisions
2	proposed by the commissioner, and shall submit the revised RBC plan to the commissioner:
3	(1) Within forty-five (45) days after the notification from the commissioner; or
4	(2) If the insurer challenges the notification from the commissioner under § 27-4.6-7,
5	within forty-five (45) days after a notification to the insurer that the commissioner has, after a
6	hearing, rejected the insurer's challenge.
7	(e) In the event of a notification by the commissioner to an insurer that the insurer's RBC
8	plan or revised RBC plan is unsatisfactory, the commissioner may at the commissioner's discretion,
9	subject to the insurer's right to a hearing under § 27-4.6-7, specify in the notification that the
10	notification constitutes a regulatory action level event.
11	(f) Every domestic insurer that files an RBC plan or revised RBC plan with the
12	commissioner shall file a copy of the RBC plan or revised RBC plan with the insurance
13	commissioner in any state in which the insurer is authorized to do business if:
14	(1) That state has an RBC provision substantially similar to § 27-4.6-8(a); and
15	(2) The insurance commissioner of that state has notified the insurer of its request for the
16	filing in writing, in which case the insurer shall file a copy of the RBC plan or revised RBC plan
17	in that state no later than the later of:
18	(i) Fifteen (15) days after the receipt of notice to file a copy of its RBC plan or revised
19	RBC plan with the state; or
20	(ii) The date on which the RBC plan or revised RBC plan is filed under subsections (c) and
21	(d) of this section.
22	SECTION 3. Section 31-3-33 of the General Laws in Chapter 31-3 entitled “Registration
23	of Vehicles” is hereby amended to read as follows:
24	31-3-33. Renewal of registration.
25	(a) Application for renewal of a vehicle registration shall be made by the owner on a proper
26	application form and by payment of the registration fee for the vehicle as provided by law.
27	(b) The division of motor vehicles may receive applications for renewal of registration, and
28	may grant the renewal and issue new registration cards and plates at any time prior to expiration of
29	registration.
30	(c) Upon renewal, owners will be issued a renewal sticker for each registration plate that
31	shall be placed at the bottom, right-hand corner of the plate. Owners shall be issued a new, fully
32	reflective plate beginning June 1, 2020 July 1, 2022, at the time of initial registration or at the
33	renewal of an existing registration and reissuance will be conducted no less than every ten (10)
34	years.
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1	(d) No later than August 15, 2019, and every fifteenth day of the month through August
2	15, 2020, the division of motor vehicles shall submit a report outlining the previous month's activity
3	and progress towards the implementation of the license plate reissuance to the chairpersons of the
4	house finance and senate finance committee, the house fiscal advisor, and the senate fiscal advisor.
5	The report shall include, but not be limited to, information on the status of project plans, obstacles
6	to implementation, and actions taken toward implementation.
7	SECTION 4. Effective January 1, 2022, section 31-10.3-20 of the General Laws in Chapter
8	31-10.3 entitled “Rhode Island Uniform Commercial Driver's License Act” is hereby amended to
9	read as follows:
10	31-10.3-20. Fees.
11	The fees charged for commercial licenses, endorsements, classifications, restrictions, and
12	required examinations shall be as follows:
13	(1) For every commercial operator's first license, thirty dollars ($30.00);
14	(2) For every renewal of a commercial license, fifty dollars ($50.00);
15	(3) For every duplicate commercial license, ten dollars ($10.00);
16	(4) For every duplicate commercial learner's permit, ten dollars ($10.00);
17	(5) For any change of:
18	(i) Classification(s), ten dollars ($10.00);
19	(ii) Endorsement(s), ten dollars ($10.00);
20	(iii) Restriction(s), ten dollars ($10.00);
21	(6) For every written and/or oral examination, ten dollars ($10.00);
22	(7) The Rhode Island board of education shall establish fees that are deemed necessary for
23	the Community College of Rhode Island For the division of motor vehicles to administer the skill
24	test, not to exceed one hundred dollars ($100);
25	(8) For every commercial learner's permit, sixty dollars ($60.00).
26	(9) [Deleted by P.L. 2019, ch. 49, § 1 and P.L. 2019, ch. 75, § 1].
27	SECTION 5. Section 35-17-1 and 35-17-3 of the General Laws in Chapter 35-17 entitled
28	“Medical Assistance and Public Assistance Caseload Estimating Conference” are hereby
29	amended to read as follows:
30	35-17-1. Purpose and membership.
31	(a) In order to provide for a more stable and accurate method of financial planning and
32	budgeting, it is hereby declared the intention of the legislature that there be a procedure for the
33	determination of official estimates of anticipated medical assistance expenditures and public
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1	assistance caseloads, upon which the executive budget shall be based and for which appropriations
2	by the general assembly shall be made.
3	(b) The state budget officer, the house fiscal advisor, and the senate fiscal advisor shall
4	meet in regularly scheduled caseload estimating conferences (C.E.C.). These conferences shall be
5	open public meetings.
6	(c) The chairpersonship of each regularly scheduled C.E.C. will rotate among the state
7	budget officer, the house fiscal advisor, and the senate fiscal advisor, hereinafter referred to as
8	principals. The schedule shall be arranged so that no chairperson shall preside over two (2)
9	successive regularly scheduled conferences on the same subject.
10	(d) Representatives of all state agencies are to participate in all conferences for which their
11	input is germane.
12	(e) The department of human services shall provide monthly data to the members of the
13	caseload estimating conference by the fifteenth day of the following month. Monthly data shall
14	include, but is not limited to, actual caseloads and expenditures for the following case assistance
15	programs: Rhode Island Works, SSI state program, general public assistance, and child care. For
16	individuals eligible to receive the payment under § 40-6-27(a)(1)(vi), the report shall include the
17	number of individuals enrolled in a managed care plan receiving long-term care services and
18	supports and the number receiving fee-for-service benefits. The executive office of health and
19	human services shall report relevant caseload information and expenditures for the following
20	medical assistance categories: hospitals, long-term care, managed care, pharmacy, and other
21	medical services. In the category of managed care, caseload information and expenditures for the
22	following populations shall be separately identified and reported: children with disabilities,
23	children in foster care, and children receiving adoption assistance and RIte Share enrollees under §
24	40-8.4-12(j). The information shall include the number of Medicaid recipients whose estate may
25	be subject to a recovery and the anticipated amount to be collected from those subject to recovery,
26	the total recoveries collected each month and number of estates attached to the collections and each
27	month, the number of open cases and the number of cases that have been open longer than three
28	months.
29	(f) Beginning July 1, 2022, behavioral healthcare, developmental disabilities and hospitals
30	shall provide monthly data to the members of the caseload estimating conference by the fifteenth
31	day of the following month. Monthly data shall include, but is not limited to, actual caseloads and
32	expenditures for the private community developmental disabilities services program. Information
33	shall include, but not be limited to the number of cases and expenditures from the beginning of the
34	fiscal year at the beginning of the prior month; cases added and denied during the prior month;
	LC002437 - Page 62 of 407
1	expenditures made; and the number of cases and expenditures at the end of the month. The
2	information concerning cases added and denied shall include summary information and profiles of
3	the service-demand request for eligible adults meeting the state statutory definition for services
4	from the division of developmental disabilities as determined by the division, including age,
5	Medicaid eligibility and agency selection placement with a list of the services provided, and the
6	reasons for the determinations of ineligibility for those cases denied. The department shall also
7	provide, monthly, the number of individuals in a shared-living arrangement and how many may
8	have returned to a 24-hour residential placement in that month. The department shall also report,
9	monthly, any and all information for the consent decree that has been submitted to the federal court
10	as well as the number of unduplicated individuals employed; the place of employment; and the
11	number of hours working. The department shall also provide the amount of funding allocated to
12	individuals above the assigned resource levels; the number of individuals and the assigned resource
13	level; and the reasons for the approved additional resources. The department will also collect and
14	forward to the house fiscal advisor, the senate fiscal advisor, and the state budget officer, by
15	November 1 of each year, the annual cost reports for each community-based provider for the prior
16	fiscal year. The department shall also provide the amount of patient liability to be collected and the
17	amount collected as well as the number of individuals who have a financial obligation. The
18	department will also provide a list of community-based providers awarded an advanced payment
19	for residential and community-based day programs; the address for each property; and the value of
20	the advancement. If the property is sold, the department must report the final sale, including the
21	purchaser, the value of the sale, and the name of the agency that operated the facility. If residential
22	property, the department must provide the number of individuals residing in the home at the time
23	of sale and identify the type of residential placement that the individual(s) will be moving to. The
24	department must report if the property will continue to be licensed as a residential facility. The
25	department will also report any newly licensed twenty-four hour (24) group home; the provider
26	operating the facility; and the number of individuals residing in the facility. Prior to December 1,
27	2017, the department will provide the authorizations for community-based and day programs,
28	including the unique number of individuals eligible to receive the services and at the end of each
29	month the unique number of individuals who participated in the programs and claims processed.
30	35-17-3. Additional meetings.
31	(a) Any time during a fiscal year that any principal feels that the recommendations of the
32	caseload estimating conference are no longer valid, then that principal, with the appropriate notice,
33	may convene a caseload estimating conference. The principal requesting the additional conference
34	shall be the chairperson for that conference.
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1	(b) If at any time during a fiscal year any participant feels that the recommendations of the
2	caseload estimating conference are no longer valid with the respect to their caseload sources then
3	that participant has a duty to and shall notify each of the principals. The director of the department
4	of human services secretary of the executive office of health and human services shall review the
5	concerns of each participant and determine whether the problems are sufficient to request an
6	additional conference.
7	SECTION 6. Section 40.1-22-39 of the General Laws in Chapter 40.1-22 entitled
8	“Developmental Disabilities” is hereby is hereby repealed.
9	40.1-22-39. Monthly reports to the general assembly.
10	On or before the fifteenth (15th) day of each month, the department shall provide a
11	monthly report of monthly caseload and expenditure data, pertaining to eligible, developmentally
12	disabled adults, to the chairperson of the house finance committee; the chairperson of the senate
13	finance committee; the house fiscal advisor; the senate fiscal advisor; and the state budget officer.
14	The monthly report shall be in such form, and in such number of copies, and with such explanation
15	as the house and senate fiscal advisors may require. It shall include, but is not limited to, the number
16	of cases and expenditures from the beginning of the fiscal year at the beginning of the prior month;
17	cases added and denied during the prior month; expenditures made; and the number of cases and
18	expenditures at the end of the month. The information concerning cases added and denied shall
19	include summary information and profiles of the service-demand request for eligible adults meeting
20	the state statutory definition for services from the division of developmental disabilities as
21	determined by the division, including age, Medicaid eligibility and agency selection placement with
22	a list of the services provided, and the reasons for the determinations of ineligibility for those cases
23	denied.
24	The department shall also provide, monthly, the number of individuals in a shared-living
25	arrangement and how many may have returned to a 24-hour residential placement in that month.
26	The department shall also report, monthly, any and all information for the consent decree that has
27	been submitted to the federal court as well as the number of unduplicated individuals employed;
28	the place of employment; and the number of hours working.
29	The department shall also provide the amount of funding allocated to individuals above the
30	assigned resource levels; the number of individuals and the assigned resource level; and the reasons
31	for the approved additional resources. The department will also collect and forward to the house
32	fiscal advisor, the senate fiscal advisor, and the state budget officer, by November 1 of each year,
33	the annual cost reports for each community-based provider for the prior fiscal year.
	LC002437 - Page 64 of 407
1	The department shall also provide the amount of patient liability to be collected and the
2	amount collected as well as the number of individuals who have a financial obligation.
3	The department will also provide a list of community-based providers awarded an
4	advanced payment for residential and community-based day programs; the address for each
5	property; and the value of the advancement. If the property is sold, the department must report the
6	final sale, including the purchaser, the value of the sale, and the name of the agency that operated
7	the facility. If residential property, the department must provide the number of individuals residing
8	in the home at the time of sale and identify the type of residential placement that the individual(s)
9	will be moving to. The department must report if the property will continue to be licensed as a
10	residential facility. The department will also report any newly licensed twenty-four hour (24) group
11	home; the provider operating the facility; and the number of individuals residing in the facility.
12	Prior to December 1, 2017, the department will provide the authorizations for community-
13	based and day programs, including the unique number of individuals eligible to receive the services
14	and at the end of each month the unique number of individuals who participated in the programs
15	and claims processed.
16	SECTION 7. Section 42-142-8 of the General Laws in Chapter 42-14 entitled “Department
17	of Revenue” is hereby amended to read as follows:
18	42-142-8. Collection unit
19	(a) The director of the department of revenue is authorized to establish within the
20	department of revenue a collection unit for the purpose of assisting state agencies in the collection
21	of debts owed to the state. The director of the department of revenue may enter into an agreement
22	with any state agency(ies) to collect any delinquent debt owed to the state.
23	(b) The director of the department of revenue shall initially implement a pilot program to
24	assist the agency(ies) with the collection of delinquent debts owed to the state.
25	(c) The agency(ies) participating in the pilot program shall refer to the collection unit
26	within the department of revenue, debts owed by delinquent debtors where the nature and amount
27	of the debt owed has been determined and reconciled by the agency and the debt is: (i) The subject
28	of a written settlement agreement and/or written waiver agreement and the delinquent debtor has
29	failed to timely make payments under the agreement and/or waiver and is therefore in violation of
30	the terms of the agreement and/or waiver; (ii) The subject of a final administrative order or decision
31	and the debtor has not timely appealed the order or decision; (iii) The subject of final order,
32	judgment, or decision of a court of competent jurisdiction and the debtor has not timely appealed
33	the order, judgment, or decision. The collection unit shall not accept a referral of any delinquent
34	debt unless it satisfies subsection (c)(i), (ii) or (iii) of this section.
	LC002437 - Page 65 of 407
1	(d) Any agency(ies) entering into an agreement with the department of revenue to allow
2	the collection unit of the department to collect a delinquent debt owed to the state shall indemnify
3	the department of revenue against injuries, actions, liabilities, or proceedings arising from the
4	collection, or attempted collection, by the collection unit of the debt owed to the state.
5	(e) Before referring a delinquent debt to the collection unit, the agency(ies) must notify the
6	debtor of its intention to submit the debt to the collection unit for collection and of the debtor's right
7	to appeal that decision not less than thirty (30) days before the debt is submitted to the collection
8	unit.
9	(f) At such time as the agency(ies) refers a delinquent debt to the collection unit, the agency
10	shall: (i) Represent in writing to the collection unit that it has complied with all applicable state and
11	federal laws and regulations relating to the collection of the debt, including, but not limited to, the
12	requirement to provide the debtor with the notice of referral to the collection unit under subsection
13	(e) of this section; and (ii) Provide the collection unit personnel with all relevant supporting
14	documentation including, but not limited to, notices, invoices, ledgers, correspondence,
15	agreements, waivers, decisions, orders, and judgments necessary for the collection unit to attempt
16	to collect the delinquent debt.
17	(g) The referring agency(ies) shall assist the collection unit by providing any and all
18	information, expertise, and resources deemed necessary by the collection unit to collect the
19	delinquent debts referred to the collection unit.
20	(h) Upon receipt of a referral of a delinquent debt from an agency(ies), the amount of the
21	delinquent debt shall accrue interest at the annual rate of interest established by law for the referring
22	agency or at an annual rate of 13%, whichever percentage rate is greater.
23	(i) Upon receipt of a referral of a delinquent debt from the agency(ies), the collection unit
24	shall provide the delinquent debtor with a "Notice of Referral" advising the debtor that:
25	(1) The delinquent debt has been referred to the collection unit for collection; and
26	(2) The collection unit will initiate, in its names, any action that is available under state law
27	for the collection of the delinquent debt, including, but not limited to, referring the debt to a third
28	party to initiate said action.
29	(j) Upon receipt of a referral of a delinquent debt from an agency(ies), the director of the
30	department of revenue shall have the authority to institute, in its name, any action(s) that are
31	available under state law for collection of the delinquent debt and interest, penalties, and/or fees
32	thereon and to, with or without suit, settle the delinquent debt.
33	(k) In exercising its authority under this section, the collection unit shall comply with all
34	state and federal laws and regulations related to the collection of debts.
	LC002437 - Page 66 of 407
1	(l) Upon the receipt of payment from a delinquent debtor, whether a full or partial payment,
2	the collection unit shall disburse/deposit the proceeds of the payment in the following order:
3	(1) To the appropriate federal account to reimburse the federal government funds owed to
4	them by the state from funds recovered; and
5	(2) The balance of the amount collected to the referring agency.
6	(m) Notwithstanding the above, the establishment of a collection unit within the department
7	of revenue shall be contingent upon an annual appropriation by the general assembly of amounts
8	necessary and sufficient to cover the costs and expenses to establish, maintain, and operate the
9	collection unit including, but not limited to, computer hardware and software, maintenance of the
10	computer system to manage the system, and personnel to perform work within the collection unit.
11	(n) In addition to the implementation of any pilot program, the collection unit shall comply
12	with the provisions of this section in the collection of all delinquent debts under this section.
13	(o) The department of revenue is authorized to promulgate rules and regulations as it deems
14	appropriate with respect to the collection unit.
15	(p) By September 1, 2020, and each year thereafter, the department of revenue shall
16	specifically assess the performance, effectiveness, and revenue impact of the collections associated
17	with this section, including, but not limited to, the total amounts referred and collected by each
18	referring agency during the previous state fiscal year to the governor, the speaker of the house of
19	representatives, the president of the senate, the chairpersons of the house and senate finance
20	committees, and the house and senate fiscal advisors. The report shall include the net revenue
21	impact to the state of the collection unit.
22	(q) No operations of a collection unit pursuant to this chapter shall be authorized after June
23	30, 2021.
24	SECTION 8. This article shall take effect upon passage, except for section 4, which shall
25	take effect on January 1, 2022.
	LC002437 - Page 67 of 407
1	ARTICLE 4
2	RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS
3	SECTION 1. This article shall serve as joint resolution required pursuant to Rhode Island
4	General Law § 35-18-1, et seq. and propose legislation related thereto.
5	SECTION 2. Section 2, Article 6 of Chapter 88 of the 2019 Public Laws is hereby amended
6	to read as follows:
7	Section 2. University of Rhode Island – Memorial Union – Auxiliary Enterprise
8	WHEREAS, The Council on Postsecondary Education and the University have a long-
9	standing commitment to the overall development of their students; and
10	WHEREAS, The University believes that the Memorial Union celebrates life at URI and
11	acts as the nexus for campus community, student engagement, and leadership. It is an intersection
12	connecting the academic core of campus and the campus’s socially active residential community.
13	The student union at the University is an integral part of the educational ecosystem that shapes the
14	student experience; and
15	WHEREAS, The Council on Postsecondary Education and the University of Rhode Island
16	are proposing a project which involves the renovation and expansion of the Memorial Union to
17	meet the ongoing and growing needs of their students; and
18	WHEREAS, The University engaged a qualified architectural firm, which has completed
19	an advanced planning study for this renovation; and
20	WHEREAS, The Rhode Island Public Corporation Debt Management Act requires the
21	General Assembly to provide its consent to the issuance or incurring by the State of Rhode Island
22	and other public agencies of certain obligations including financing guarantees or other agreements;
23	and
24	WHEREAS, The design and construction associated with this work of an Auxiliary
25	Enterprise building will be financed through the Rhode Island Health and Educational Building
26	Corporation (RIHEBC) revenue bonds, with an expected term of thirty (30) years; and
27	WHEREAS, The total project costs associated with completion of the project through the
28	proposed financing method is fifty-one million five hundred thousand dollars ($51,500,000) fifty-
29	seven million six hundred thousand dollars ($57,600,000), including cost of issuance. Debt service
30	payments would be supported by revenues derived from student fees and retail lease payments
31	associated with the respective Auxiliary Enterprises of the University of Rhode Island occupying
32	said facility. Total debt service on the bonds is not expected to exceed one hundred twelve million
33	three hundred thousand dollars ($112,300,000) one hundred twenty-five million six hundred
	LC002437 - Page 68 of 407
1	thousand dollars ($125,600,000) in the aggregate based on an average interest rate of six (6%)
2	percent; now, therefore be it
3	RESOLVED, That this General Assembly hereby approves financing in an amount not to
4	exceed fifty-one million five hundred thousand dollars ($51,500,000) fifty-seven million six
5	hundred thousand dollars ($57,600,000) for the Memorial Union project for the auxiliary enterprise
6	building on the University of Rhode Island campus; and be it further
7	RESOLVED, That this Joint Resolution shall take effect upon passage.
8	SECTION 3. Section 4, Article 6 of Chapter 88 of the 2019 Public Laws is hereby amended
9	to read as follows:
10	Section 4. University of Rhode Island – Combined Health & Counseling Center – Auxiliary
11	Enterprise
12	WHEREAS, The Council on Postsecondary Education and the University have a long-
13	standing commitment to the health and wellness of their students; and
14	WHEREAS, The University has a desire to create a one-stop center to address the physical,
15	emotional, and mental health of its students; and
16	WHEREAS, The Council on Postsecondary Education and the University of Rhode Island
17	are proposing a project which involves the construction of a new Combined Health & Counseling
18	Center to meet the ongoing and growing health needs of their students; and
19	WHEREAS, The University engaged a qualified architectural firm, which has completed
20	an advanced planning study for this new building; and
21	WHEREAS, The Rhode Island Public Corporation Debt Management Act requires the
22	General Assembly to provide its consent to the issuance or incurring by the State of Rhode Island
23	and other public agencies of certain obligations including financing guarantees or other agreements;
24	and
25	WHEREAS, The design and construction associated with this work of an Auxiliary
26	Enterprise building will be financed through the Rhode Island Health and Educational Building
27	Corporation (RIHEBC) revenue bonds, with an expected term of thirty (30) years; and
28	WHEREAS, The total project costs associated with completion of the project through the
29	proposed financing method is twenty-six nine hundred thousand dollars ($26,900,000) twenty-nine
30	million dollars ($29,000,000), including cost of issuance. Debt service payments would be
31	supported by revenues derived from student fees associated with the respective Auxiliary
32	Enterprises of the University of Rhode Island occupying said facility. Total debt service on the
33	bonds is not expected to exceed fifty-eight million seven hundred thousand dollars ($58,700,000)
	LC002437 - Page 69 of 407
1	sixty-three million three hundred thousand dollars ($63,300,000) in the aggregate based on an
2	average interest rate of six (6%) percent; now, therefore be it
3	RESOLVED, That this General Assembly hereby approves financing in an amount not to
4	exceed twenty-six million nine hundred thousand dollars ($26,900,000) twenty-nine million dollars
5	($29,000,000) for the Combined Health & Counseling Center project for the auxiliary enterprise
6	building on the University of Rhode Island campus; and be it further
7	RESOLVED, That, this Joint Resolution shall take effect upon passage.
8	SECTION 4. Section 5, Article 16 of Chapter 47 of the 2018 Public Laws is hereby
9	amended to read as follows:
10	Section 5. Eleanor Slater Hospital Project-Regan Building Renovation
11	WHEREAS, The Eleanor Slater Hospital (the "Hospital") provides long-term acute care
12	and post-acute care for approximately two hundred twenty (220) individuals with complex
13	psychiatric and medical needs on two campuses - Pastore and Zambarano; and
14	WHEREAS, The Hospital is licensed by the Rhode Island Department of Health
15	("RIDOH") and accredited triennially by the Joint Commission for the Accreditation of Health Care
16	Organizations ("JCAHO") that enables it to bill Medicare, Medicaid, and commercial insurances
17	for the care it provides; and
18	WHEREAS, The revenue the Hospital can bill Medicare, Medicaid, and other insurers
19	approximates $55.0 million annually; and
20	WHEREAS, On the Pastore campus the patients who have psychiatric needs are currently
21	in three buildings (Pinel, Regan and Adolph Meyer) that are older buildings that have not been
22	updated in many years; and
23	WHEREAS, In January 2017, the Center for Medicare and Medicaid Services ("CMS")
24	published new standards designed to address the increased number of suicides and suicide attempts
25	in hospitals; such standards required significant renovations to reduce ligature risks on inpatient
26	psychiatric units; and
27	WHEREAS, In September 2017, JCAHO performed its triennial survey, identified
28	significant ligature risks at the Pinel and the Adolph Meyer Buildings and as a result, gave the
29	Hospital a rating of Immediate Threat to Life, requiring it to submit a long-term plan to address the
30	ligature risks in both buildings; and
31	WHEREAS, The Pinel and the Adolph Meyer Buildings currently do not meet JCAHO
32	and CMS requirements and a loss of accreditation for not meeting the submitted plan could lead to
33	the loss of approximately $55.0 million in federal Medicaid match; and
	LC002437 - Page 70 of 407
1	WHEREAS, The Hospital submitted to JCAHO a plan to renovate the Benton Center and
2	the Regan Building, and to close the Pinel and Adolph Meyer Buildings, thus enabling it to achieve
3	full accreditation; and
4	WHEREAS, A renovation of the existing Pinel and Adolph Meyer Buildings would not be
5	financially beneficial due to the magnitude of renovations that would need to be performed on these
6	buildings to allow the Hospital to achieve full accreditation; and
7	WHEREAS, The renovation of the Benton Center will be completed in June 2018, utilizing
8	Rhode Island Capital Plan Fund financing, enabling the Hospital to close the Pinel Building and 2
9	units in the Adolph Meyer Building and relocate approximately forty-five (45) psychiatric patients
10	to Benton; and
11	WHEREAS, This will leave approximately fifty (50) to fifty-five (55) psychiatric patients
12	remaining in the Adolph Meyer Building; and
13	WHEREAS, There are significant ligature risks that exist in Adolph Meyer and the current
14	size of the units are twelve (12) to fifteen (15) beds sizes that are too small to be efficient in
15	hospitals, while the size of the patient care units in Regan are twenty-four (24) to twenty-eight (28)
16	beds - more typical of patient care units today; and
17	WHEREAS, Closing inefficient units in the Adolph Meyer Building will enable the
18	Hospital to reduce operating costs and address the deficiencies cited by the JCAHO; and
19	WHEREAS, There are currently three (3) floors in the Regan Building that can house
20	patients, one that is vacant, one currently with twenty-eight (28) psychiatric patients, and another
21	with currently seventeen (17) medical patients; and whereas a fourth floor can be renovated into an
22	inpatient unit; and
23	WHEREAS, To accommodate the remaining psychiatric patients in the Adolph Meyer
24	Building, three (3) floors would require extensive renovations to meet the current building
25	standards for psychiatric inpatient units, including requirements for ligature resistant features,
26	program areas, step down areas, quiet rooms, restraint rooms and private rooms that currently do
27	not exist in the Regan or the Adolph Meyer Buildings; and
28	WHEREAS, The renovated facility would have a total of one hundred five (105) beds with
29	larger inpatient units and program space within the units, thus enabling the Hospital to reduce
30	operating costs and develop programs to assist patients in their recovery and ultimate discharge;
31	and
32	WHEREAS, Due to its age, the Regan Building requires significant infrastructure upgrades
33	including: elevator replacement, masonry and window leak repair, and a partial roof replacement
34	with an estimated total cost of nine million dollars ($9,000,000)In order to accommodate patients
	LC002437 - Page 71 of 407
1	relocating from Adolph Meyer to the 6th floor of Regan, significant ligature risk remediation work
2	needs to be performed with an estimated total cost of seven million and nine hundred thousand
3	dollars ($7,900,000); and
4	WHEREAS, The capital costs associated with this project are estimated to be forty-nine
5	million, eight hundred fifty thousand dollars ($49,850,000). This includes $27,850,000 from the
6	Rhode Island Capital Plan Fund for the renovation of the Benton and Regan Buildings and
7	$22,000,000 from the issuance of Certificates of Participation to finance the Regan Building
8	renovations and other improvements to Eleanor Slater Hospital facilities. The total issuance would
9	be $22,000,000, with total lease payments over fifteen (15) years on the $22,000,000 issuance
10	projected to be $32,900,000, assuming an average coupon of five percent (5.0%). The lease
11	payments would be financed within the Department of Administration from general revenue
12	appropriations; now, therefore be it
13	RESOLVED, That a renovation of the Regan Building as part of Eleanor Slater Hospital,
14	is critical to provide patients with an environment that meets current building standards for
15	psychiatric hospitals and to meet CMS and JCAHO accreditation requirements; and be it further
16	RESOLVED, This General Assembly hereby approves the issuance of certificates of
17	participation in an amount not to exceed $22,000,000 for the renovation of the Regan Building,
18	part of the Eleanor Slater Hospital and new construction of various facilities of the Eleanor Slater
19	Hospital system, including Regan, Benton, Mathias and Adolph Meyer Buildings on the Pastore
20	Campus, Beazley Building on the Zambarano campus, and newly constructed facilities as may be
21	determined to best address present and future public healthcare service needs; and be it further
22	RESOLVED, That this joint resolution shall apply to bonds issued within five (5) years of
23	the date of passage of this resolution; and be it further
24	RESOLVED, That this joint resolution shall take effect upon passage by this General
25	Assembly.
26	SECTION 5. Eleanor Slater Hospital Zambarano Campus Transformation
27	WHEREAS, The Zambarano facility (“Zambarano”) of Eleanor Slater Hospital provides
28	mental and physical healthcare services to people with varied care and treatment needs on its
29	Zambarano campus (“Zambarano”) located in Burrillville; and
30	WHEREAS, The healthcare services provided at Zambarano are unique in Rhode Island;
31	and
32	WHEREAS, The healthcare services provided at Zambarano include services that are
33	critical to the health, safety, and wellness of Rhode Islanders; and
	LC002437 - Page 72 of 407
1	WHEREAS, The Department of Behavioral Healthcare, Developmental Disabilities, and
2	Hospitals (“Department”) projects that there will be a sustained need in Rhode Island’s healthcare
3	system for services that will not be easily accommodated by private healthcare providers; and
4	WHEREAS, The State has an obligation to ensure that all Rhode Islanders can receive
5	healthcare that is appropriate to their needs at the exact time they require it; and
6	WHEREAS, Support of individual freedom and integration within the community is a core
7	principle of healthcare delivery today and has guided the Department’s strategy for ensuring that
8	all Rhode Islanders will receive care in the least-restrictive setting appropriate for their needs; and
9	WHEREAS, Hospital-based settings are considered restrictive, in that they do not afford
10	their patients independence over their affairs to the maximum extent appropriate even though
11	hospital settings are a critical piece of Rhode Island’s healthcare system; and
12	WHEREAS, Healthcare settings that are less restrictive should be preferred over more
13	restrictive settings in all cases when clinically appropriate; and
14	WHEREAS, The least-restrictive setting appropriate for present and future patients of
15	Zambarano is assessed by the Department to be a facility that allows for the delivery of skilled
16	nursing facility services, custodial care nursing facility services, intensive care facility services,
17	traumatic brain injury facility services, and other services that may enable the Department to
18	provide healthcare in the least-restrictive and most therapeutically appropriate possible setting for
19	individuals who otherwise cannot access healthcare at their level of need; and
20	WHEREAS, Healthcare facilities are required by their accrediting bodies to adhere to
21	certain standards regarding patient and staff safety, cleanliness, ventilation, efficiency, and other
22	factors essential to the delivery of healthcare; and
23	WHEREAS, A modern healthcare facility is necessary to provide present and future
24	patients at Zambarano with the highest quality healthcare; and
25	WHEREAS, Facilities on the Zambarano campus include 307,000 square feet of space
26	across 32 buildings; and
27	WHEREAS, Of the buildings on the Zambarano campus, only the Beazley Building,
28	formerly called the Wallum Lake Administration Building, is occupied by patients receiving care
29	at the Hospital; and
30	WHEREAS, Construction of the Beazley Building was completed in 1938; and
31	WHEREAS, The condition of the Beazley Building has deteriorated despite renovations
32	undertaken over the course of its use as a state healthcare facility; and
33	WHEREAS, The Beazley Building has aged past the point at which renovation of the
34	building is considered practical; and
	LC002437 - Page 73 of 407
1	WHEREAS, Constructing a new healthcare facility on the Zambarano campus has been
2	deemed more practical than renovating the Beazley Building according to the assessment
3	undertaken by the Division of Capital Asset Management and Maintenance; and
4	WHEREAS, Construction of a new facility on the Zambarano campus will allow patients
5	receiving healthcare at Zambarano today to continue to receive healthcare at Zambarano with
6	minimal interruption to their care; and
7	WHEREAS, The Beazley Building was not designed to provide the services that the
8	Department has deemed are most critical for a state healthcare facility at Zambarano to provide,
9	namely skilled nursing facility services, custodial care nursing facility services, intensive care
10	facility services, and other services that may enable the Department to provide healthcare in the
11	least restrictive and most therapeutically appropriate possible setting for individuals who otherwise
12	cannot access healthcare at their level of need; and
13	WHEREAS, Construction of a new facility allows the state to build a facility that more
14	closely reflects present and future assessed healthcare service needs; and
15	WHEREAS, The capital costs associated with this project are estimated to be fifty-three
16	million, six hundred thousand dollars ($53,600,000), all of which will be dedicated to the
17	construction of a new facility at Zambarano. The total issuance would be fifty-three million six
18	hundred thousand dollars ($53,600,000), with total lease payments over fifteen (15) years on the
19	$53,600,000 issuance projected to be sixty-six million five hundred thousand dollars ($66,500,000)
20	assuming an estimated average interest rate of two and seventy-five hundredths percent (2.75%).
21	The payments would be financed within the department of administration from general revenue
22	appropriations; and
23	RESOLVED, That construction of a new facility at Zambarano is necessary to provide
24	patients at Eleanor Slater Hospital with the highest quality treatment in the least restrictive setting
25	appropriate for their care; and be it further
26	RESOLVED, This General Assembly hereby approves the issuance of certificates of
27	participation in an amount not to exceed fifty-three million six hundred thousand dollars
28	($53,600,000) for the construction of the new facility at Zambarano; and be it further
29	RESOLVED, That this joint resolution shall apply to bonds issued within five (5) years of
30	the date of passage of this resolution; and be it further
31	RESOLVED, That this joint resolution shall take effect upon passage by this General
32	Assembly.
33	SECTION 6. DCYF Child Welfare Information System Replacement
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1	WHEREAS, The Rhode Island department of children, youth, and families is a department
2	of the State of Rhode Island, exercising public and essential governmental functions of the State,
3	created by the General Assembly pursuant to chapter 72 of title 42; and
4	WHEREAS, A new Statewide Automated Child Welfare Information System would be a
5	comprehensive, automated case management tool that supports child welfare practice. This
6	information system would be a complete, current accurate and unified case management history of
7	all children and families served by Rhode Island’s Title IV-E. Such modern systems allow child
8	welfare agencies to respond more adeptly to changes in standards and practices, as well as provide
9	advanced analytics and data to ensure that children in care are kept safe; and
10	WHEREAS, The current department of children, youth, and families Child Welfare
11	Information System (RICHIST) is over twenty two (22) years old and relies on dated technology
12	(Sybase with PowerBuilder). The system has been highly customized over the years and is difficult
13	to maintain. This technology, as set up today, impedes current child welfare practice through its
14	lack of configurability, lack of mobile access for workers in the field, and lack of access to real-
15	time information when making decisions impacting child placement and services. The system is
16	currently on premise supported by a vendor. This dated technology also makes it difficult to acquire
17	appropriate technical support to work on the system; and
18	WHEREAS, The project costs associated with the replacement of RICHIST are estimated
19	to be twenty-eight million dollars ($28,000,000) and implementation costs would be shared by the
20	federal government at forty percent (40%) begin in fiscal year 2021.
21	WHEREAS, The total payments on the State’s obligation over ten (10) years on the state’s
22	share of seventeen million dollars ($17,000,000) issuance are projected to be nineteen million seven
23	hundred thousand dollars ($19,700,000), assuming an estimated average interest rate of two and
24	seventy-five hundredths percent (2.75%). The payments would be financed within the department
25	of administration from general revenue appropriations; and
26	WHEREAS, The department of children, youth, and families will be able to leverage
27	federal funding available to pay for forty percent (40%) of the system implementation costs during
28	development; now, therefore be it
29	RESOLVED, That this general assembly hereby approves financing in an amount not to
30	exceed seventeen million dollars ($17,000,000) for the provision of replacing the department of
31	children, youth, and families’ child welfare information system, including costs of financing; and
32	be it further
33	RESOLVED, That this joint resolution shall take effect immediately upon its passage by
34	the General Assembly.
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1	Section 7. This article shall take effect upon passage.
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1	ARTICLE 5
2	RELATING TO BORROWING IN ANTICIPATION OF RECEIPTS FROM TAXES
3	SECTION 1. (a) The State of Rhode Island is hereby authorized to borrow during its fiscal
4	year ending June 30, 2022, in anticipation of receipts from taxes and other sources of such sum or
5	sums, at such time or times and upon such terms and conditions not inconsistent with the provisions
6	and limitations of Section 17 of Article VI of the constitution of Rhode Island, as the general
7	treasurer, with the advice of the Governor, shall deem for the best interests of the state, provided
8	that the amounts so borrowed shall not exceed three hundred million dollars ($300,000,000), at any
9	time outstanding. The state is hereby further authorized to give its promissory note or notes or
10	other evidences of indebtedness signed by the general treasurer and counter-signed by the secretary
11	of state for the payment of any sum so borrowed. Any such proceeds shall be invested by the
12	general treasurer until such time as they are needed. The interest income earned from such
13	investments shall be used to pay the interest on the promissory note or notes, or other evidences of
14	indebtedness, and any expense of issuing the promissory note or notes, or other evidences of
15	indebtedness, with the balance remaining at the end of said fiscal year, if any, shall be used toward
16	the payment of long-term debt service of the state, unless prohibited by federal law or regulation.
17	(b) Notwithstanding any other authority to the contrary, duly authorized borrowing in
18	anticipation of receipts of taxes and other sources during the fiscal year ending June 30, 2022 may
19	be issued in the form of notes or other evidences of indebtedness of the state. In connection
20	therewith, the state, acting through the general treasurer, may enter into agreements with banks,
21	trust companies or other financial institutions within or outside the state or with the United States
22	government and agencies of the United States government, whether in the form of letters or lines
23	of credit, liquidity facilities, insurance or other support arrangements. Any notes or other evidences
24	of indebtedness shall be issued in such amounts and bear such terms as the general treasurer, with
25	the advice of the governor, shall determine, which may include provisions for prepayment at any
26	time with or without premium or other prepayment fee at the option of the state. Such notes may
27	be sold on a competitive or negotiated basis at a premium or discount, and may bear interest or not
28	and, if interest bearing, may bear interest at one or more fixed rates or at such rate or rates variable
29	from time to time as determined by such index, banking loan rate or other method specified in any
30	agreement relating to the notes or other evidences of indebtedness. Any such agreement may also
31	include such other covenants and provisions for protecting the rights, security and remedies of the
32	noteholders or lenders as may, in the discretion of the general treasurer, be reasonable, legal and
33	proper. The general treasurer may also enter into agreements with firms to facilitate the issuance
34	of the notes or other evidences of indebtedness, including but not limited to trustees, paying agents,
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1	underwriters, broker-dealers or placement agents for the underwriting, placement, marketing or
2	remarketing of any such notes or evidences of indebtedness of the state.
3	SECTION 2. This article shall take effect upon passage.
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1	ARTICLE 6
2	RELATING TO FEES
3	SECTION 1. Section 5-65-8 and 5-65-9 of the General Laws in Chapter 5-65 entitled
4	“Contractors’ Registration and Licensing Board” are hereby amended to read as follows:
5	5-65-8. Term of registration – Renewal – Registration identification card.
6	(a) A certificate of registration shall be valid for two one (2) (1) years from the date of
7	issuance unless the registration is revoked or suspended as described in § 5-65-10. It may be renewed
8	by the same procedure provided for an original registration upon application and furnishing of any
9	additional supplemental information that the board may require by rule.
10	(b) The board shall issue a pocket-card certificate of registration to a contractor registered
11	under this chapter including a picture of the registrant as prescribed by the board in the rules and
12	regulations. The Rhode Island department of administration, division of motor vehicles, shall, upon
13	the board's request, provide electronic copies of the digital photos of any registrant under this
14	chapter on record to be incorporated into the contractors' registration data bank to match the drivers'
15	licenses or IDs provided by registrants or applicants unless the applicant provides written
16	notification to the board to the contrary.
17	(c) The board may vary the dates of registration renewal by giving to the registrant written
18	notice of the renewal date assigned and by making appropriate adjustments in the renewal fee.
19	(d) The presentation of the registration or license identification card shall be mandatory at
20	the time of permit application.
21	(e) If a registrant files in bankruptcy court, the board must be notified in writing by the
22	registrant and kept informed of the status of the case until dismissed, discharged, or resolved in
23	court.
24	5-65-9. Registration fee.
25	(a) Each applicant shall pay to the board:
26	(1) For original registration or renewal of registration, a fee of two hundred dollars
27	($200)one hundred and fifty dollars ($150).
28	(2) A fee for all changes in the registration, as prescribed by the board, other than those
29	due to clerical errors.
30	(b) All fees and fines collected by the board shall be deposited as general revenues to
31	support the activities set forth in this chapter until June 30, 2008. Beginning July 1, 2008, all fees
32	and fines collected by the board shall be deposited into a restricted-receipt account for the exclusive
33	use of supporting programs established by this chapter.
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1	(c) On or before January 15, 2018, and annually thereafter, the board shall file a report with
2	the speaker of the house and the president of the senate, with copies to the chairpersons of the house
3	and senate finance committees, detailing:
4	(1) The total number of fines issued, broken down by category, including the number of
5	fines issued for a first violation and the number of fines issued for a subsequent violation;
6	(2) The total dollar amount of fines levied;
7	(3) The total amount of fees, fines, and penalties collected and deposited for the most
8	recently completed fiscal year; and
9	(4) The account balance as of the date of the report.
10	(d) Each year, the department of business regulation shall prepare a proposed budget to
11	support the programs approved by the board. The proposed budget shall be submitted to the board
12	for its review. A final budget request shall be submitted to the legislature as part of the department
13	of business regulation's annual request.
14	(e) New or renewal registrations may be filed online or with a third-party approved by the
15	board, with the additional cost incurred to be borne by the registrant.
16	SECTION 2. Sections 73-4 of Chapter 5 of the General Laws entitled “Roofing
17	Contractors” is hereby amended to read as follows:
18	5-73-4. Registration fee.
19	All roofing contractors shall submit a payment in the amount of four hundred dollars
20	($400), which shall support the licensing program, representing a license fee along with the
21	application referenced in § 5-73-3, and be required to comply with the provisions of chapter 65 of
22	this title and those provisions shall be interpreted to include commercial roofers as defined in this
23	chapter. Beginning July 1, 2008, all fines and fees collected pursuant to this chapter shall be
24	deposited into a restricted-receipt account for the exclusive use of supporting programs established
25	by the board. The license shall expire every two (2) years on the anniversary date of the license's
26	issuance and may be renewed upon payment of a two hundred dollar ($200) fee.
27	SECTION 3. Section 7-11-206 of the General Laws in Chapter 7-11 entitled “Rhode Island
28	Uniform Securities Act” is hereby amended to read as follows:
29	7-11-206. Licensing and notice fees; and filing requirements for federal covered
30	advisers.
31	(a) A federal covered adviser or an applicant for licensing shall pay an annual fee as
32	follows:
33	(1) Broker-dealer three hundred dollars ($300) and for each branch office one hundred
34	dollars ($100);
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1	(2) Sales representative seventy-five dollars ($75.00) one hundred dollars ($100.00);
2	(3) Investment adviser three hundred dollars ($300);
3	(4) Investment adviser representative sixty dollars ($60.00); and
4	(5) Federal covered adviser three hundred dollars ($300).
5	(b) Except with respect to federal covered advisers whose only clients are those described
6	in § 7-11-204(1)(i), a federal covered adviser shall file any documents filed with the U.S. Securities
7	and Exchange Commission with the director, that the director requires by rule or order, together
8	with any notice fee and consent to service of process that the director requires by rule or order. The
9	notice filings under this subsection expire annually on December 31, unless renewed.
10	(c) A notice filing under this section is effective from receipt until the end of the calendar
11	year. A notice filing may be renewed by filing any documents that have been filed with the U.S.
12	Securities and Exchange Commission as required by the director along with a renewal fee of three
13	hundred dollars ($300).
14	(d) A federal covered adviser may terminate a notice filing upon providing the director
15	notice of the termination, which is effective upon receipt by the director.
16	(e) Notwithstanding the provisions of this section, until October 11, 1999, the director may
17	require the registration as an investment adviser of any federal covered adviser who has failed to
18	promptly pay the fees required by this section after written notification from the director of the
19	nonpayment or underpayment of the fees. A federal covered adviser is considered to have promptly
20	paid the fees if they are remitted to the director within fifteen (15) days following the federal
21	covered adviser's receipt of written notice from the director.
22	(f) For purposes of this section, "branch office" means any location where one or more
23	associated persons of a broker-dealer regularly conducts the business of effecting any transactions
24	in, or inducing or attempting to induce the purchase or sale of any security, or is held out as such,
25	excluding:
26	(1) Any location that is established solely for customer service and/or back office type
27	functions where no sales activities are conducted and that is not held out to the public as a branch
28	office;
29	(2) Any location that is the associated person's primary residence; provided that:
30	(i) Only one associated person, or multiple associated persons who reside at that location
31	and are members of the same immediate family, conduct business at the location;
32	(ii) The location is not held out to the public as an office and the associated person does
33	not meet with customers at the location;
34	(iii) Neither customer funds nor securities are handled at that location;
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1	(iv) The associated person is assigned to a designated branch office, and such designated
2	branch office is reflected on all business cards, stationery, advertisements and other
3	communications to the public by such associated person;
4	(v) The associated person's correspondence and communications with the public are
5	subject to the firm's supervision in accordance with Rule 3010 of the Financial Industry Regulatory
6	Authority;
7	(vi) Electronic communications are made through the broker-dealer's electronic system;
8	(vii) All orders are entered through the designated branch office or an electronic system
9	established by the broker-dealer that is reviewable at the branch office;
10	(viii) Written supervisory procedures pertaining to supervision of sales activities conducted
11	at the residence are maintained by the broker-dealer; and
12	(ix) A list of the residence locations is maintained by the broker-dealer;
13	(3) Any location, other than a primary residence, that is used for securities business for less
14	than thirty (30) business days in any one calendar year, provided the broker-dealer complies with
15	the provisions of subsections (f)(2)(i) through (ix) above;
16	(4) Any office of convenience, where associated person(s) occasionally and exclusively by
17	appointment meet with customers, which is not held out to the public as an office;
18	(5) Any location that is used primarily to engage in non-securities activities and from which
19	the associated person(s) effects no more than twenty-five (25) securities transactions in any one
20	calendar year; provided that any advertisement or sales literature identifying such location also sets
21	forth the address and telephone number of the location from which the associated person(s)
22	conducting business at the non-branch locations are directly supervised;
23	(6) The floor of a registered national securities exchange where a broker-dealer conducts a
24	direct access business with public customers;
25	(7) A temporary location established in response to the implementation of a business
26	continuity plan.
27	(g) Notwithstanding the exclusions in subsection (f), any location that is responsible for
28	supervising the activities of persons associated with the broker-dealer at one or more non-branch
29	locations of the broker-dealer is considered to be a branch office.
30	(h) The term "business day" as used in subsection (f) shall not include any partial business
31	day provided that the associated person spends at least four (4) hours on such business day at his
32	or her designated branch office during the hours that such office is normally open for business.
33	(i) Where such office of convenience is located on bank premises, signage necessary to
34	comply with applicable federal and state laws, rules and regulations and applicable rules and
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1	regulations of the New York Stock Exchange, other self-regulatory organizations, and securities
2	and banking regulators may be displayed and shall not be deemed "holding out" for purposes of
3	subsection (f)(4).
4	(j) If an application is denied or withdrawn or the license is revoked, suspended, or
5	withdrawn, the director is not required to refund the fee paid.
6	(k) The director may issue a stop order suspending the activities of a federal covered
7	adviser in this state if the director reasonably believes there has been a violation of the provisions
8	of this section.
9	SECTION 4. Section 23-1-34 of the General Laws in Chapter 23-1 entitled “Department
10	of Health” is hereby amended to read as follows:
11	23-1-34. Health promotion income.
12	(a) The director shall maintain an accurate and timely accounting of money received from
13	the sale of health promotional products, services, or data created by the department of health. This
14	money shall be deposited as general revenue.
15	(b) The director is authorized to establish reasonable fees for processing special data
16	analysis of health data. “Special data analysis” shall mean compiling and/or analyzing health-
17	related data in a manner not ordinarily kept in the course of business by the department of health
18	and not otherwise subject to the state’s access to public records act (APRA) in chapter 2, title 38 of
19	the general laws. Special data requests are subject to the following requirements:
20	(1) Special data analysis requests shall include requests that require data analysis,
21	calculation, and interpretation. Requesters shall be notified in advance of costs for special data
22	analysis and shall be given an opportunity to not proceed.
23	(2) In its sole discretion, nothing herein shall require the department of health to process a
24	request for special data analysis.
25	(3) The fees collected for special data analysis shall be non-refundable, regardless of the
26	outcome of the special data analysis.
27	(4) The director shall have the authority to waive fees at his or her sole discretion.
28	(5) The final special data analysis shall be deemed to be public records in accordance with
29	APRA.
30	(c) The process for requesting special data analysis and fees shall be established through
31	the promulgation of rules and regulations, which also shall prohibit charging Rhode Island state
32	agencies fees for special data analysis. All fees collected for special data analysis shall be deposited
33	as general revenues, with approximately 50% of such fees collected appropriated to the department
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1	of health on an annual basis to be used to sustain its capacity to manage and sustain data systems
2	necessary to meet data requester needs in a timely manner.
3	SECTION 5. Section 23-17-38.1 of the General Laws in Chapter 23-17 entitled “Licensing
4	of Health Care Facilities” is hereby amended to read as follows:
5	23-17-38.1. Hospitals – Licensing fee.
6	(a) There is also imposed a hospital licensing fee at the rate of six percent (6%) upon the
7	net patient-services revenue of every hospital for the hospital's first fiscal year ending on or after
8	January 1, 2017, except that the license fee for all hospitals located in Washington County, Rhode
9	Island shall be discounted by thirty-seven percent (37%). The discount for Washington County
10	hospitals is subject to approval by the Secretary of the U.S. Department of Health and Human
11	Services of a state plan amendment submitted by the executive office of health and human services
12	for the purpose of pursuing a waiver of the uniformity requirement for the hospital license fee. This
13	licensing fee shall be administered and collected by the tax administrator, division of taxation
14	within the department of revenue, and all the administration, collection, and other provisions of
15	chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax administrator
16	on or before July 10, 2019, and payments shall be made by electronic transfer of monies to the
17	general treasurer and deposited to the general fund. Every hospital shall, on or before June 14,
18	2019, make a return to the tax administrator containing the correct computation of net patient-
19	services revenue for the hospital fiscal year ending September 30, 2017, and the licensing fee due
20	upon that amount. All returns shall be signed by the hospital's authorized representative, subject to
21	the pains and penalties of perjury.
22	(b) (a) There is also imposed a hospital licensing fee at the rate of six percent (6%) upon
23	the net patient-services revenue of every hospital for the hospital's first fiscal year ending on or
24	after January 1, 2018, except that the license fee for all hospitals located in Washington County,
25	Rhode Island shall be discounted by thirty-seven percent (37%). The discount for Washington
26	County hospitals is subject to approval by the Secretary of the U.S. Department of Health and
27	Human Services of a state plan amendment submitted by the executive office of health and human
28	services for the purpose of pursuing a waiver of the uniformity requirement for the hospital license
29	fee. This licensing fee shall be administered and collected by the tax administrator, division of
30	taxation within the department of revenue, and all the administration, collection, and other
31	provisions of Chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax
32	administrator on or before July 13, 2020, and payments shall be made by electronic transfer of
33	monies to the general treasurer and deposited to the general fund. Every hospital shall, on or before
34	June 15, 2020, make a return to the tax administrator containing the correct computation of net
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1	patient- services revenue for the hospital fiscal year ending September 30, 2018, and the licensing
2	fee due upon that amount. All returns shall be signed by the hospital's authorized representative,
3	subject to the pains and penalties of perjury.
4	(c) (b) There is also imposed a hospital licensing fee for state fiscal year 2021 against each
5	hospital in the state. The hospital licensing fee is equal to five six percent (5.0%)(6.0%) of the net
6	patient-services revenue of every hospital for the hospital's first fiscal year ending on or after
7	January 1, 2018, except that the license fee for all hospitals located in Washington County, Rhode
8	Island shall be discounted by thirty-seven percent (37%). The discount for Washington County
9	hospitals is subject to approval by the Secretary of the U.S. Department of Health and Human
10	Services of a state plan amendment submitted by the executive office of health and human services
11	for the purpose of pursuing a waiver of the uniformity requirement for the hospital license fee. This
12	licensing fee shall be administered and collected by the tax administrator, division of taxation
13	within the department of revenue, and all the administration, collection, and other provisions of
14	Chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax administrator
15	on or before July 13, 2021, and payments shall be made by electronic transfer of monies to the
16	general treasurer and deposited to the general fund. Every hospital shall, on or before June 15,
17	2020, make a return to the tax administrator containing the correct computation of net patient-
18	services revenue for the hospital fiscal year ending September 30, 2018, and the licensing fee due
19	upon that amount. All returns shall be signed by the hospital's authorized representative, subject to
20	the pains and penalties of perjury.
21	(d) (c) There is also imposed a hospital licensing fee for state fiscal year 2022 against each
22	hospital in the state. The hospital licensing fee is equal to six percent (6.0%) of the net patient-
23	services revenue of every hospital for the hospital's first fiscal year ending on or after January 1,
24	2020, except that the license fee for all hospitals located in Washington County, Rhode Island shall
25	be discounted by thirty-seven percent (37%). The discount for Washington County hospitals is
26	subject to approval by the Secretary of the U.S. Department of Health and Human Services of a
27	state plan amendment submitted by the executive office of health and human services for the
28	purpose of pursuing a waiver of the uniformity requirement for the hospital license fee. This
29	licensing fee shall be administered and collected by the tax administrator, division of taxation
30	within the department of revenue, and all the administration, collection, and other provisions of
31	Chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax administrator
32	on or before July 13, 2022, and payments shall be made by electronic transfer of monies to the
33	general treasurer and deposited to the general fund. Every hospital shall, on or before June 15,
34	2022, make a return to the tax administrator containing the correct computation of net patient-
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1	services revenue for the hospital fiscal year ending September 30, 2020, and the licensing fee due
2	upon that amount. All returns shall be signed by the hospital's authorized representative, subject to
3	the pains and penalties of perjury.
4	(d) For purposes of this section the following words and phrases have the following
5	meanings:
6	(1) "Hospital" means the actual facilities and buildings in existence in Rhode Island,
7	licensed pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on
8	that license, regardless of changes in licensure status pursuant to chapter 17.14 of title 23 (hospital
9	conversions) and § 23-17-6(b) (change in effective control), that provides short-term acute inpatient
10	and/or outpatient care to persons who require definitive diagnosis and treatment for injury, illness,
11	disabilities, or pregnancy. Notwithstanding the preceding language, the negotiated Medicaid
12	managed care payment rates for a court-approved purchaser that acquires a hospital through
13	receivership, special mastership, or other similar state insolvency proceedings (which court-
14	approved purchaser is issued a hospital license after January 1, 2013) shall be based upon the newly
15	negotiated rates between the court-approved purchaser and the health plan, and such rates shall be
16	effective as of the date that the court-approved purchaser and the health plan execute the initial
17	agreement containing the newly negotiated rate. The rate-setting methodology for inpatient hospital
18	payments and outpatient hospital payments set forth in §§ 40-8-13.4(b) and 40-8-13.4(b)(2),
19	respectively, shall thereafter apply to negotiated increases for each annual twelve-month (12)
20	period as of July 1 following the completion of the first full year of the court-approved purchaser's
21	initial Medicaid managed care contract.
22	(2) "Gross patient-services revenue" means the gross revenue related to patient care
23	services.
24	(3) "Net patient-services revenue" means the charges related to patient care services less
25	(i) charges attributable to charity care; (ii) bad debt expenses; and (iii) contractual allowances.
26	(e) The tax administrator shall make and promulgate any rules, regulations, and procedures
27	not inconsistent with state law and fiscal procedures that he or she deems necessary for the proper
28	administration of this section and to carry out the provisions, policy, and purposes of this section.
29	(f) The licensing fee imposed by subsection (b) (a) shall apply to hospitals as defined herein
30	that are duly licensed on July 1, 2019 2020, and shall be in addition to the inspection fee imposed
31	by § 23-17-38 and to any licensing fees previously imposed in accordance with this section.
32	(g) The licensing fee imposed by subsection (c) (b) shall apply to hospitals as defined
33	herein that are duly licensed on July 1, 2020 2021, and shall be in addition to the inspection fee
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1	imposed by § 23-17-38 and to any licensing fees previously imposed in accordance with this
2	section.
3	SECTION 6. Section 42-17.1-9.1 of the General Laws in Chapter 42-17.1 entitled "User
4	fees at state beaches, parks, and recreation areas” is hereby amended to read as follows:
5	42-17.1-9.1. User fees at state beaches, parks, and recreation areas.
6	(a) The department of environmental management in pursuance of its administrative duties
7	and responsibilities may charge a user fee for any state beach, or recreational area under its
8	jurisdiction, and fees for the use of its services or facilities.
9	(b) The fee may be on a daily or annual basis, or both, and may be based on vehicle parking
10	or other appropriate means. The fees may recognize the contribution of Rhode Island taxpayers to
11	support the facilities in relation to other users of the state's facilities. The fee structure may
12	acknowledge the need to provide for all people, regardless of circumstances.
13	(c) An additional fee for camping and other special uses may be charged where appropriate.
14	Rates so charged should be comparable to equivalent commercial facilities.
15	(d) All such fees shall be established after a public hearing.
16	(e) All daily fees from beach parking, which shall also include fees charged and collected
17	at Ninigret conservation area and Charlestown breachway, shall be shared with the municipality in
18	which the facility is located on the basis of seventy-three percent (73%) retained by the state and
19	twenty-seven percent (27%) remitted to the municipality; provided, further, from July 1, 2016, until
20	October 1, 2021, the beach fees charged and collected under this subsection shall be equal to those
21	in effect on June 30, 2011.
22	(1) Notwithstanding subsection (e), effective July 1, 2021, the fees charged and collected
23	for facilities located in the town of Westerly may exceed those in effect on June 30, 2011, in an
24	amount to be reasonably determined by the department of environmental management.
25	(f) Fifty percent (50%) of all user and concession fees received by the state shall be
26	deposited as general revenues. For the year beginning July 1, 1979, the proportion of user and
27	concession fees to be received by the state shall be sixty-five percent (65%); for the year beginning
28	July 1, 1980, eighty-five percent (85%); and for the year beginning July 1, 1981, and all years
29	thereafter, one hundred percent (100%). The general revenue monies appropriated are hereby
30	specifically dedicated to meeting the costs of development, renovation of, and acquisition of state-
31	owned recreation areas and for regular maintenance, repair and operation of state owned recreation
32	areas. Purchases of vehicles and equipment and repairs to facilities shall not exceed four hundred
33	thousand dollars ($400,000) annually. Notwithstanding the provisions of § 37-1-1 or any other
34	provision of the general laws, the director of the department of environmental management is
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1	hereby authorized to accept any grant, devise, bequest, donation, gift, or assignment of money,
2	bonds, or other valuable securities for deposit in the same manner as provided above for user and
3	concession fees retained by the state.
4	(g) No fee shall be charged to any school or other nonprofit organization provided that a
5	representative of the school or other organization gives written notice of the date and time of their
6	arrival to the facility.
7	SECTION 7. Sections 44-19-1 and 44-19-2 of the General Laws in Chapter 44-19 entitled
8	“Sales and Use Taxes – Enforcement and Collection” are hereby amended to read as follows:
9	44-19-1. Annual permit required – Retail business subject to sales tax – Promotion of
10	shows – Revocation of show permit.
11	(a)(1) Every person desiring to engage in or conduct within this state a business of making
12	sales at retail, or engage in a business of renting living quarters in any hotel, rooming house, or
13	tourist camp, the gross receipts from which sales or rental charges are required to be included in
14	the measure of the tax imposed under chapter 18 of this title, shall file with the tax administrator
15	an application for a permit for each place of business. The application shall be in a form, include
16	information, and bear any signatures that the tax administrator may require. At the time of making
17	an application, the applicant shall pay to the tax administrator a permit fee of ten dollars ($10.00)
18	for each permit. There shall be no fee for this permit. Every permit issued under this chapter expires
19	on June 30 of each year at the times prescribed by the tax administrator.
20	(2) Every permit holder shall annually, on or before February 1 on forms prescribed and at
21	the times prescribed by the tax administrator of each year, renew its permit by filing an application
22	for renewal along with a ten dollars ($10.00) renewal fee. The renewal permit is valid for the period
23	July 1 of that calendar year through June 30 of the subsequent calendar year unless otherwise
24	canceled, suspended or revoked. All fees received under this section are allocated to the tax
25	administrator for enforcement and collection of all taxes.
26	(b)(1) Every promoter of a show shall, at least ten (10) days prior to the opening of each
27	show, file with the tax administrator a notice stating the location and dates of the show, in a form
28	prescribed by the tax administrator.
29	(2) The tax administrator shall, within five (5) days after the receipt of that notice, issue to
30	the promoter, without charge, a permit to operate the show, unless the provisions of subdivision (5)
31	of this subsection have been applied to the promoter. No promoter may operate a show without
32	obtaining the permit. The permit shall be prominently displayed at the main entrance of the show.
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1	(3) Any promoter who is a retailer shall comply with all of the provisions of this chapter
2	and chapter 18 relating to retailers, in addition to all of the provisions of this chapter relating to
3	promoters.
4	(4) A promoter may not permit any person to display or sell tangible personal property,
5	services, or food and drink at a show unless that person is registered under subsection (a) of this
6	section and displays his or her permit in accordance with the provisions of subsection (a) of this
7	section.
8	(5) Any promoter who permits any person to display or sell tangible personal property,
9	services, or food and drink at a show who is not registered, or does not display a permit, or fails to
10	keep a record or file a monthly report of the name, address and permit number of every person
11	whom the promoter permitted to sell or display tangible personal property, services, or food and
12	drink at a show, is subject to revocation of all existing permits issued pursuant to this section to
13	operate a show, and to the denial of a permit to operate any show for a period of not more than two
14	(2) years, in addition to the provisions of § 44-19-31.
15	44-19-2. Issuance of permit – Assignment prohibited – Display – Fee for renewal after
16	suspension or revocation.
17	Upon receipt of the required application and permit fee, the tax administrator shall issue to
18	the applicant a separate permit for each place of business within the state. If the applicant, at the
19	time of making the application, owes any tax, penalty, or interest imposed under chapters 18 and
20	19 of this title, then before a permit is issued the applicant shall pay the amount owed. A permit is
21	not assignable and is valid only for the person in whose name it is issued and for the transaction of
22	business at the place designated in the permit. The permit shall at all times be conspicuously
23	displayed at the place for which issued. A retailer whose permit has been previously suspended or
24	revoked shall pay to the tax administrator a fee of ten dollars ($10.00) for the renewal or issuance
25	of a permit.
26	SECTION 8. Sections 46-23-7.1, 46-23-7.3, and 46-23-7.4 of the General Laws in
27	Chapter 46-23 of entitled “Coastal Resources Management Council” are hereby amended to read
28	as follows:
29	46-23-7.1 Administrative penalties.
30	Any person who violates, or refuses or fails to obey, any notice or order issued pursuant to
31	§ 46-23-7(a); or any assent, order, or decision of the council, may be assessed an administrative
32	penalty by the chairperson or executive director in accordance with the following:
33	(1) The chairperson or executive director is authorized to assess an administrative penalty
34	of not more than two thousand five hundred dollars ($2,500) ten thousand dollars ($10,000) for
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1	each violation of this section, and is authorized to assess additional penalties of not more than five
2	hundred dollars ($500) one thousand ($1,000) for each day during which this violation continues
3	after receipt of a cease and desist order from the council pursuant to § 46-23-7(a), but in no event
4	shall the penalties in an aggregate equal or exceed ten thousand dollars ($10,000) fifty thousand
5	dollars ($50,000). Prior to the assessment of a penalty under this subdivision, the property owner
6	or person committing the violation shall be notified by certified mail or personal service that a
7	penalty is being assessed. The notice shall include a reference to the section of the law, rule,
8	regulation, assent, order, or permit condition violated; a concise statement of the facts alleged to
9	constitute the violation; a statement of the amount of the administrative penalty assessed; and a
10	statement of the party's right to an administrative hearing.
11	(2) The party shall have twenty-one (21) days from receipt of the notice within which to
12	deliver to the council a written request for a hearing. This request shall specify in detail the
13	statements contested by the party. The executive director shall designate a person to act as hearing
14	officer. If no hearing is requested, then after the expiration of the twenty-one (21) day period, the
15	council shall issue a final order assessing the penalty specified in the notice. The penalty is due
16	when the final order is issued. If the party shall request a hearing, any additional daily penalty shall
17	not commence to accrue until the council issues a final order.
18	(3) If a violation is found to have occurred, the council may issue a final order assessing
19	not more than the amount of the penalty specified in the notice. The penalty is due when the final
20	order is issued.
21	(4) The party may within thirty (30) days appeal the final order, of fine assessed by the
22	council to the superior court which shall hear the assessment of the fine de novo.
23	46-23-7.3 Criminal penalties.
24	Any person who knowingly violates any provision of this chapter, the coastal resources
25	management program, or any rule, regulation, assent, or order shall be guilty of a misdemeanor,
26	and, upon conviction thereof shall be fined not more than five hundred dollars ($500) one thousand
27	dollars ($1,000) or by imprisonment of not more than three (3) months or both; and each day the
28	violation is continued or repeated shall be deemed a separate offense.
29	46-23-7.4 Penalty for blocking or posting of rights-of-way.
30	Any person who shall post or block any tidal water, public right-of-way, as designated by
31	the council, shall be punished by a fine not exceeding five hundred dollars ($500) one thousand
32	dollars ($1,000) or by imprisonment for not more than three (3) months or both; and each day the
33	posting or blocking continues or is repeated shall be deemed a separate offense. The chairperson
34	of the council, through council's legal counsel or the attorney general, may apply to any court of
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1	competent jurisdiction for an injunction to prevent the unlawful posting or blocking of any tidal
2	water, public right-of-way.
3	SECTION 9. This article shall take effect July 1, 2021.
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1	ARTICLE 7
2	RELATING TO THE ENVIRONMENT
3	SECTION 1. Section 2-7-4 of the General Laws in Chapter 2-7 entitled "Commercial
4	Fertilizer” is hereby amended to read as follows:
5	2-7-4. Registration.
6	(a) Each brand and grade of commercial fertilizer shall be registered by the manufacturer
7	or by that person whose name appears upon the label before being distributed in this state. The
8	application for registration shall be submitted to the director on a form furnished by the director,
9	and shall be accompanied by a fee of seventy-two dollars ($72.00) one hundred dollars ($100) per
10	brand or grade registered.
11	(1) All revenues received from registration fees shall be deposited as general revenues.
12	(2) All applications for registration shall be accompanied by a label or true copy of the
13	label.
14	(3) Upon approval by the director, a copy of the registration shall be furnished to the
15	applicant.
16	(4) All registrations expire on December 31st of each year.
17	(5) The application includes the following information:
18	(i) The brand and grade;
19	(ii) The guaranteed analysis;
20	(iii) The name and address of the registrant.
21	(b) A distributor is not required to register any commercial fertilizer which is already
22	registered under this chapter by another person, providing the label does not differ in any respect.
23	(c) A distributor is not required to register each grade of commercial fertilizer formulated
24	according to specifications which are furnished by a consumer prior to mixing.
25	(d) The plant nutrient content of each and every brand and grade of commercial fertilizer
26	must remain uniform for the period of registration.
27	SECTION 2. Section 4-2-4 of the General Laws in Chapter 4-2 entitled "Commercial
28	Feeds” is hereby amended to read as follows:
29	4-2-4. Registration.
30	(a) No person shall manufacture a commercial feed in this state, unless he or she has filed
31	with the director on forms provided by the director, his or her name, place of business and location
32	of each manufacturing facility in this state.
33	(b) No person shall distribute in this state a commercial feed except a customer formula
34	feed, which has not been registered pursuant to this section. The application for registration,
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1	accompanied by a sixty dollar ($60.00) one hundred dollars ($100) per brand registration fee, shall
2	be submitted in the manner prescribed by the director, on forms furnished by the director. A tag,
3	label, or facsimile for each brand to be registered must accompany the application. Upon approval
4	by the director, the registration shall be issued to the applicant. All registrations expire on the 31st
5	day of December of each year.
6	(c) The director is empowered to refuse registration of any commercial feed not in
7	compliance with this chapter and to cancel any registration subsequently found not to be in
8	compliance with any provisions of this chapter provided, that no registration shall be refused or
9	canceled unless the registrant has been given an opportunity to be heard before the director and to
10	amend his or her application in order to comply with the requirements of this chapter.
11	(d) Changes of either chemical or ingredient composition of a registered commercial feed
12	may be permitted with no new registration required provided there is satisfactory evidence that
13	those changes would not result in a lowering of the guaranteed analysis of the product for the
14	purpose for which designed, and provided a new label is submitted to the director notifying the
15	director of the change.
16	(e) All moneys received by the director under this chapter shall be deposited as general
17	revenues and shall consist of all fertilizer registration and tonnage fees paid pursuant to §§ 2-7-4
18	and 2-7-6 and fees paid pursuant to § 4-2-4.
19	(f) All moneys appropriated for the feed and fertilizer quality testing program shall be made
20	available for the following purposes:
21	(1) To support the feed and fertilizer testing laboratory for the testing and analysis of
22	commercial feeds distributed within this state for the expressed purpose of detection of deficiency.
23	(2) For payment of ancillary services, personnel and equipment incurred in order to carry
24	out the purposes of quality assurance defined by this chapter.
25	SECTION 3. Section 20-1-13 of the General Laws in Chapter 20-1 entitled “General
26	Provisions” is hereby amended to read as follows:
27	20-1-13. Publication and effective date of seasons and bag limits.
28	Notice of the director’s intention to adopt regulations pursuant to § 20-1-12 and the holding
29	of a public hearing on these regulations shall be published in at least one newspaper of general
30	statewide circulation, not less than twenty (20) days prior to the date of the public hearing. These
31	regulations shall remain in effect not longer than one year following the date of their effectiveness.
32	SECTION 4. Sections 20-2-15, 20-2-16, 20-2-17, 20-2-18, 20-2-18.1, 20-2-18.3, 20-2-30,
33	20-2-37 and 20-2-42 of the General Laws in Chapter 20-2 entitled "Licensing" are hereby amended
34	to read as follows:
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1	20-2-15. Freshwater fishing license.
2	(a)(1) Resident: eighteen dollars ($18.00). twenty-one dollars ($21.00); commencing July
3	1, 2025, twenty-four dollars ($24.00); commencing July 1, 2028, twenty-seven dollars ($27.00).
4	(2) Nonresident: thirty-five dollars ($35.00). thirty-eight dollars ($38.00); commencing
5	July 1, 2025, forty-one dollars ($41.00); commencing July 1, 2028, forty-four dollars ($44.00).
6	(3) Nonresident tourist: sixteen dollars ($16.00). eighteen dollars ($18.00); commencing
7	July 1, 2025, twenty dollars ($20.00); commencing July 1, 2028, twenty-two dollars ($22.00). This
8	license shall entitle the licensee to fish in Rhode Island for three (3) consecutive days including the
9	day of issue.
10	(b) Freshwater fishing licenses shall expire on the last day of February of each year.
11	20-2-16. Hunting License.
12	(a)(1) Resident: eighteen dollars ($18.00). twenty-one dollars ($21.00); commencing July
13	1, 2025, twenty-four dollars ($24.00); commencing July 1, 2028, twenty-seven dollars ($27.00).
14	(2) Nonresident: forty-five dollars ($45.00). fifty-five dollars ($55.00); commencing July
15	1, 2025, sixty-five dollars ($65.00); commencing July 1, 2028, seventy-five dollars ($75.00).
16	(3) Nonresident landowner: a nonresident citizen of the United States and owner of real
17	estate in Rhode Island assessed for taxation at a valuation of not less than thirty thousand dollars
18	($30,000) may obtain a resident’s hunting license.
19	(4) Shooting preserve: three dollars and fifty cents ($3.50).
20	(5) Nonresident three (3) day: sixteen dollars ($16.00) twenty dollars ($20.00). This license
21	shall entitle the licensee to hunt in Rhode Island for three (3) consecutive days as validated by the
22	issuing agent.
23	(6) Resident junior hunting license: fourteen dollars ($14.00).
24	(7) Nonresident junior hunting license: forty dollars ($40.00).
25	(b) Hunting licenses shall expire on the last day of February of each year.
26	20-2-17. Combination fishing and hunting license.
27	The director may grant to any eligible resident applying for a combination hunting and
28	fishing license a license that shall entitle the licensee to the privileges of both hunting and fishing
29	licenses, for a fee of thirty-three dollars ($33.00) thirty-eight dollars ($38.00); commencing July 1,
30	2025, forty-three dollars ($43.00); commencing July 1, 2028, forty-eight dollars ($48.00). The
31	license shall expire on the last day of February of each year.
32	20-2-18. Deer Permits
33	(a)(1) Resident: twelve dollars and fifty cents ($12.50) thirteen dollars ($13.00);
34	commencing July 1, 2025, fourteen dollars ($14.00); commencing July 1, 2028, fifteen dollars
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1	($15.00).
2	(2) Nonresident: twenty-five twenty-six dollars and fifty cents ($25.50$26.50).;
3	commencing July 1, 2025, twenty-seven dollars and fifty cents ($27.50); commencing July 1, 2028,
4	twenty-eight dollars and fifty cents ($28.50).
5	(b) A deer permit is good only for the season in which it is issued.
6	20-2-18.1. Wild turkey permits.
7	(a) No person shall attempt to take any wild turkey without first obtaining a regular hunting
8	license and a turkey permit for the current year. Permits shall be sold at the direction of the director
9	for a fee of seven dollars and fifty cents eight dollars ($7.50$8.00) for residents and twenty-one
10	dollars and fifty cents ($20.00$21.50) for nonresidents. Commencing July 1, 2025, permits shall
11	be sold for a fee of nine dollars ($9.00) for residents and twenty-three dollars ($23.00) for
12	nonresidents. Commencing July 1, 2028, permits shall be sold for a fee of ten dollars and fifty cents
13	($10.50) for residents and twenty-four dollars and fifty cents ($24.50) for nonresidents. The issuing
14	agent may retain a fee of fifty cents ($.50) for each permit and shall remit seven dollars ($7.00) for
15	resident permits and nineteen dollars and fifty cents ($19.50) for nonresident permits the remainder
16	to the department.
17	(b) A wild turkey permit shall be good only for the season in which it is issued.
18	(c) All monies derived by the department from the sale of wild turkey permits shall be
19	expended for turkey habitat acquisition in Rhode Island and wild turkey restoration management
20	and research.
21	20-2-18.3. Stocked game bird permit fees and bag limits.
22	Permits shall be sold at the direction of the director for a fee of fifteen seventeen dollars
23	and fifty cents ($15.50$17.00). Commencing July 1, 2025, the fee for a permit shall be eighteen
24	dollars and fifty cents ($18.50). Commencing July 1, 2028, the fee for a permit shall be twenty-one
25	dollars ($21.00). The issuing agent will retain a fee of fifty cents ($0.50) for each permit and shall
26	remit fifteen dollars ($15.00) the remainder to the department. The permit will allow the person to
27	harvest a daily bag and season limit as described in regulations promulgated by the director. All
28	monies derived by the department from the sale of stocked game bird permits shall be expended
29	for stocking game birds and wildlife habitat acquisition in Rhode Island.
30	20-2-30. Fur trapping and licenses.
31	(a)(1) Fur trapper – Resident: ten fifteen dollars ($10.00$15.00); commencing July 1, 2025,
32	twenty dollars ($20.00); commencing July 1, 2028, twenty-five dollars ($25.00).
33	(2) Fur trapper – Nonresident: thirty fifty dollars ($30.00$50.00); commencing July 1,
34	2025, seventy-five dollars ($75.00); commencing July 1, 2028, one hundred dollars ($100.00).
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1	(b) Fur trapper and fur licenses expire on the last day of March of each year.
2	20-2-37. Waterfowl stamp fees.
3	(a) Stamps shall be sold at the direction of the director for a fee of seven eight dollars and
4	fifty cents ($7.50$8.00). Commencing July 1, 2025, the fee for a stamp shall be nine dollars ($9.00).
5	Commencing July 1, 2028, the fee for a stamp shall be ten dollars ($10.00). The issuing agent may
6	retain a fee of fifty cents ($.50) for each stamp and shall remit seven dollars ($7.00) the remainder
7	of each fee to the department. The director shall establish a uniform sale price for all categories of
8	by-products.
9	(b) [Deleted by P.L. 2002, ch. 65, art. 13, § 16.]
10	20-2-42. Trout conservation stamp fee.
11	Stamps shall be sold at the direction of the director for a fee of five dollars and fifty cents
12	($5.50). Commencing July 1, 2025, the fee for a stamp shall be six dollars ($6.00). Commencing
13	July 1, 2028, the fee for a stamp shall be six dollars and fifty cents ($6.50). The issuing agent may
14	retain a fee of fifty cents ($.50) for each stamp sold and shall remit five dollars ($5.00) the
15	remainder of each fee to the department. The director shall establish uniform sale prices for all
16	categories of by-products.
17	SECTION 5. Section 23-25-6.1 of the General Laws in Chapter 23-25 entitled "Pesticide
18	Control” is hereby amended to read as follows:
19	23-25-6.1. Registration fee - Surcharge.
20	In addition to the annual registration fee of fifty dollars ($50.00) as required by § 23-25-6,
21	an additional one hundred fifty dollar ($150) two hundred fifty dollars ($250) registration surcharge
22	fee shall be imposed upon each pesticide to be sold or used within the state, unless the director has
23	determined the subject product is a "statewide minor use" product pursuant to § 23-25-6(b)(3). The
24	registration surcharge fee shall be deposited as general revenues.
25	SECTION 6. This article shall take effect on July 1, 2021.
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1	ARTICLE 8
2	RELATING TO PUBLIC UTILITIES AND CARRIERS
3	SECTION 1. Chapter 39-2 of the General Laws entitled "Duties of Utilities and Carriers"
4	is hereby amended by adding thereto the following sections:
5	39-2-26. Emergency response plans
6	Submission, approval, penalties for failure to file, and denial of recovery of service
7	restoration costs for failure to implement emergency response plan.
8	(a) Each electric distribution company and natural gas distribution company conducting
9	business in the state shall, on or before May 15, 2022 and annually thereafter, submit to the division
10	an emergency response plan for review and approval. The emergency response plan shall be
11	designed for the reasonably prompt restoration of service in the case of an emergency event, which
12	is an event where widespread outages have occurred in the service area of the company due to
13	storms or other causes beyond the control of the company.
14	(b) After review of an electric distribution or natural gas distribution company's emergency
15	response plan, the division may request that the company amend the plan. The division may open
16	an investigation of the company's plan. If, after hearings, the division finds a material deficiency in
17	the plan, the division may order the company to make such modifications that it deems reasonably
18	necessary to remedy the deficiency.
19	(c) Any investor-owned electric distribution or natural gas distribution company that fails
20	to file its emergency response plan may be fined five hundred dollars ($500) for each day during
21	which such failure continues. Any fines levied by the division shall be returned to ratepayers
22	through distribution rates in a manner determined by the commission.
23	(d) Each investor-owned electric distribution or natural gas distribution company, when
24	implementing an emergency response plan, shall designate an employee or employees to remain
25	stationed at the Rhode Island emergency management agency's emergency operations center for
26	the duration of the emergency when the emergency operations center is activated in response to an
27	emergency with an electric or gas service restoration component. In the event of a virtual activation
28	of the emergency activation center, each investor-owned electric and natural gas distribution
29	company shall designate an employee or employees to participate in the virtual activation. The
30	employee or employees shall coordinate communications efforts with designated local and state
31	emergency management officials, as required by this section.
32	(e) Each investor-owned electric distribution or natural gas distribution company, when
33	implementing an emergency response plan, shall designate an employee or employees to serve as
34	community liaisons for each municipality within their service territory. An investor-owned electric
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1	distribution or natural gas distribution company shall provide each community liaison with the
2	necessary feeder map or maps outlining municipal substations and distribution networks and up-
3	to-date customer outage reports at the time of designation as a community liaison. An investor-
4	owned electric distribution or natural gas distribution company shall, at a minimum, provide each
5	community liaison with three (3) customer outage report updates for each twenty-four (24) hour
6	period, to the liaison's respective city or town. The community liaison shall utilize the maps and
7	outage reports to respond to inquiries from state and local officials and relevant regulatory agencies.
8	(f) On or before October 1 of each year, every city or town shall notify each investor-owned
9	electric distribution or natural gas distribution company and the Rhode Island emergency
10	management agency of the name of the emergency management official or designee responsible
11	for coordinating the emergency response during storm restoration. If a municipality does not have
12	a designated emergency management official, the chief municipal officer shall designate one public
13	safety official responsible for said emergency response.
14	(g) Notwithstanding any existing power or authority, the division may open an
15	investigation to review the performance of any investor-owned electric distribution or natural gas
16	distribution company in restoring service during an emergency event. If, after evidentiary hearings
17	or other investigatory proceedings, the division finds that, as a result of the failure of the company
18	to follow its approved emergency response plan, the length of the outages were materially longer
19	than they would have been but for the company's failure, the division shall recommend that the
20	commission enter an order denying the recovery of all, or any part of, the service restoration costs
21	through distribution rates, commensurate with the degree and impact of the service outage.
22	(h) Notwithstanding any general or special law or rule or regulation to the contrary, upon
23	request by the commission, division and any emergency management agency each electric
24	distribution or natural gas distribution company conducting business in the state shall provide
25	periodic reports regarding emergency conditions and restoration performance during an emergency
26	event consistent with orders of the commission and/or division.
27	39-2-27. Standards of acceptable performance for emergency preparation and
28	restoration of service.
29	The division shall open a docket and establish standards of acceptable performance for
30	emergency preparation and restoration of service for each investor-owned electric and gas
31	distribution company doing business in the state. The division shall levy a penalty not to exceed
32	one hundred thousand dollars ($100,000) for each violation for each day that the violation of the
33	division's standards persists; provided, however, that the maximum penalty shall not exceed seven
34	million five hundred thousand dollars ($7,500,000) for any related series of violations. The division
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1	shall open a full investigation, upon its own initiative. Nothing herein shall prohibit any affected
2	city or town from filing a complaint with the division regarding a violation of the division's
3	standards of acceptable performance by an investor-owned electric distribution or natural gas
4	distribution company; provided, however, that said petition shall be filed with the division no later
5	than ninety (90) days after the violation has been remedied. After an initial review of the complaint,
6	the division shall make a determination as to whether to open a full investigation.
7	39-2-28. Levied penalties to be credited back to customers.
8	Any penalty levied by the division against an investor-owned electric distribution or natural
9	gas distribution company for any violation of the division's standards of acceptable performance
10	for emergency preparation and restoration of service for electric and gas distribution companies
11	shall be credited back to the company's customers in a manner determined by the commission.
12	SECTION 2. This article shall take effect upon passage.
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1	ARTICLE 9
2	RELATING TO ECONOMIC DEVELOPMENT
3	SECTION 1. Sections 5-8-2, 5-8-10, 5-8-11, 5-8-12 and 5-8-15 of Chapter 5-8 of the
4	General Laws entitled “Engineers” are hereby amended as follows:
5	5-8-2. Definitions.
6	As used or within the intent of this chapter:
7	(a) "Accredited program" means specific engineering curricula within established
8	institutions of higher learning that have both met the criteria of, and have been designated by, the
9	Engineering Accreditation Commission of the following commissions of the Accreditation Board
10	for Engineering and Technology, Inc. (ABET EAC) (“ABET”): the Engineering Accreditation
11	Commission (“ABET-EAC”) and the Engineering Technology Accreditation Commission
12	(“ABET-ETAC”).
13	(b) "Board" means the state board of registration for professional engineers subsequently
14	provided by this chapter.
15	(c) "Department" means the department of business regulation.
16	(d) "Director" means the director of the department of business regulation or his or her
17	designee.
18	(e) "Engineer" means a person who, by reason of his or her special knowledge and use of
19	the mathematical, physical, and engineering sciences and the principles and methods of engineering
20	analysis and design, acquired by engineering education and engineering experience, is qualified to
21	practice engineering, as subsequently defined, and as attested by his or her registration as an
22	engineer.
23	(f) "Engineer-in-training" means a person who complies with the requirements for
24	education, experience, and character, and has passed an examination in the fundamental
25	engineering subjects, as provided in §§ 5-8-11 and 5-8-13.
26	(g) "National Council of Examiners for Engineering and Surveying (NCEES)" is a
27	nationally recognized organization that assists state boards and territorial boards to better discharge
28	their duties and responsibilities in regulating the practice of engineering and land surveying.
29	(h)(1) "Practice of engineering" means any service or creative work, the adequate
30	performance of which requires engineering education, training, and experience in the application
31	of special knowledge of the mathematical, physical, and engineering sciences to services or creative
32	work, such as consultation, investigation, evaluation surveys, planning and design of engineering
33	systems, and the supervision of construction for the purpose of assuring compliance with
34	specifications; and embracing those services or work in connection with any public or private
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1	utilities, structures, buildings, machines, equipment, processes, work, or projects in which the
2	public welfare or the safeguarding of life, health, or property is concerned.
3	(2) Any person shall be construed to practice or offer to practice engineering, within the
4	meaning and intent of this chapter, who:
5	(i) Practices any branch of the profession of engineering;
6	(ii) By verbal claim, sign, advertisement, letterhead, card, or in any other way represents
7	himself or herself to be an engineer, or through the use of some other title implies that he or she is
8	an engineer or that he or she is registered under this chapter; or
9	(iii) Holds himself or herself out as able to perform, or who does perform any engineering
10	service or work or any other service designated by the practitioner or recognized as engineering.
11	(i) "Professional engineer" means a person who has been registered and licensed by the
12	state board of registration for professional engineers.
13	(j) "Responsible charge" means direct control and personal supervision of engineering
14	work.
15	(k) "Rules and regulations" means that document of the same title, as amended from time
16	to time, subject to the director's approval, that has been adopted by the board and filed with the
17	secretary of state in accordance with §§ 42-35-3(a), 42-35-4(b), and 5-8-8.
18	5-8-10. Roster of registered engineers.
19	A complete roster showing the names and last known addresses of all registered engineers
20	is available on the Department’s website or through an Access to Public Records Request. will be
21	published by the board once each year. Copies of this roster may be mailed to each person so
22	registered, placed on file with the secretary of state, county, and city officials and may be distributed
23	to the public
24	5-8-11. General requirements for registration or certification.
25	(a) Engineer or engineer-in-training. To be eligible for registration as a professional
26	engineer or certification as an engineer-in-training, an applicant must be of good character and
27	reputation and shall submit five (5) references with his or her application for registration, three (3)
28	of which references shall be registered engineers having personal knowledge of his or her
29	engineering experience, or in the case of an application for certification as an engineer-in- training,
30	by three (3) character references.
31	(b)(a) Professional Engineer. The following shall be considered minimum evidence
32	satisfactory to the board that the applicant is qualified for registration as a professional engineer or
33	for certification as an engineer-in-training, respectively:
34	(1) Eligibility. To be eligible for registration as a professional engineer, an applicant shall
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1	meet the following requirements:
2	(i) Be of good character and reputation;
3	(ii) Submit five (5) references with his or her application for registration, three (3) of which
4	references shall be from registered professional engineers having personal knowledge of the
5	applicant’s engineering experience;
6	(iii) Satisfy the education criteria set forth in this section;
7	(iv) Satisfy the experience criteria set forth in this section; and
8	(v) Pass the applicable examinations as required in this section.
9	(1) As a professional engineer:(i) (2) Registration by endorsement comity.
10	(A)(i) A person holding a current certificate of registration to engage in the practice of
11	engineering, on the basis of comparable written NCEES examinations, issued to him or her by
12	either a proper authority of a state, territory, or possession of the United States, the District of
13	Columbia, or of any foreign country, and whose qualifications meets the requirements of this
14	chapter, based on verified evidence may, upon application, be registered without further
15	examination.
16	(B)(ii) A person holding a certificate of qualification issued by the National Council of
17	Examiners for Engineering and Surveying NCEES Record, whose qualifications as evidenced by
18	the NCEES Record meet the requirements of this chapter, may, upon application, be registered
19	without further examination, provided he or she is qualified.
20	(ii)(3) Graduation from an accredited program, experience and examination.
21	(i) A graduate of or senior enrolled in an ABET-EAC accredited engineering curriculum
22	of four (4) years or more approved by the board as being of satisfactory standing, shall be admitted
23	to an who has passed a NCEES examination in the fundamentals of engineering. Upon passing this
24	examination and obtaining and obtained a specific record of a minimum of four (4) years of
25	experience in engineering work of a grade and character which indicates to the board that the
26	applicant may be competent to practice engineering, the applicant may be admitted, upon
27	application, to an a NCEES examination in the principles and practice of engineering. The graduate
28	having a specific record of twelve (12) years or more of experience in engineering work of a grade
29	and character which indicates to the board that the applicant may be competent to practice
30	engineering, shall be admitted to an examination in the principles and practice of engineering. Upon
31	passing that examination, the applicant shall be granted a certificate of registration to practice
32	engineering in this state, provided he or she is qualified.
33	(ii) A graduate of an ABET-ETAC accredited engineering technology curriculum of four
34	(4) years or more approved by the board as being of satisfactory standing, who has passed a NCEES
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1	examination in the fundamentals of engineering and obtained a specific record of a minimum of
2	eight (8) years of experience in engineering work of a grade and character which indicates to the
3	board that the applicant may be competent to practice engineering, may be admitted, upon
4	application, to a NCEES examination in the principles and practice of engineering.
5	(4) Waiver of Requirement for NCEES Examination in Fundamentals of Engineering.
6	(i) A graduate of an ABET-EAC accredited engineering curriculum having a specific
7	record of twelve (12) years or more of experience in engineering work of a grade and character
8	which indicates to the board that the applicant may be competent to practice engineering, shall be
9	admitted to a NCEES examination in the principles and practice of engineering. Upon passing that
10	examination, the applicant shall be granted a certificate of registration to practice engineering in
11	this state, provided he or she is qualified.
12	(ii) A graduate of an engineering technology curriculum, whether accredited by ABET-
13	ETAC or unaccredited, applying for initial or comity registration as a professional engineer in
14	Rhode Island shall not be eligible for waiver of this requirement.
15	(iii) (5) Graduation from a non-accredited program, experience, and examination.
16	(i) A graduate of or senior enrolled in an engineering curriculum of four (4) years or more
17	other than those approved by the board as being of satisfactory standing shall be admitted to an that
18	is not accredited by ABET-EAC, who has passed a NCEES examination in the fundamentals of
19	engineering. Upon passing this examination and obtaining and obtained a specific record of a
20	minimum of four (4) six (6) years of experience in engineering work of a grade and character which
21	indicates to the board that the applicant may be competent to practice engineering, the applicant
22	may be admitted, upon application, to an a NCEES examination in the principles and practice of
23	engineering. Upon passing these examinations, the applicant shall be granted a certificate of
24	registration to practice engineering in this state, provided he or she is qualified.
25	(ii) A graduate of an engineering technology curriculum of four (4) years or more that is
26	not accredited by ABET-ETAC is not eligible for registration as a professional engineer in this
27	state unless they obtain an advanced engineering degree from an ABET-EAC accredited program.
28	(iv)(6) Teaching. Engineering teaching in a college or university offering an ABET- EAC
29	accredited engineering curriculum of four (4) years or more may be considered as engineering
30	experience.
31	(v)(7) Engineers previously registered. Each engineer holding a certificate of registration
32	and each engineer-in-training under the laws of this state as previously in effect shall be deemed
33	registered as an engineer or engineer-in- training as appropriate under this chapter in accordance
34	with the laws in effect at the time of their initial registration.
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1	(2)(b) As an engineer Engineer-in-training: the The following is shall be considered as
2	minimum evidence satisfactory to the board that the applicant is qualified for certification as an
3	engineer-in-training:
4	(1) Eligibility. To be eligible for registration as an engineer-in-training, an applicant shall
5	meet the following requirements:
6	(i) Be of good character and reputation;
7	(ii) Submit three (3) character references, one (1) of which must be from a registered
8	professional engineer;
9	(iii) Satisfy the education requirements set forth in this section; and
10	(iv) Satisfy the examination requirements set forth in this section.
11	(i)(2) Graduation and examination. A graduate of an ABET-EAC or an ABET-ETAC
12	accredited engineering curriculum program of four (4) years or more who has passed the board’s a
13	NCEES examination in the fundamentals of engineering shall be certified or enrolled as an
14	engineer-in-training, if he or she is qualified.
15	(ii)(3) Graduation from a non-accredited program and examination. A graduate of a non-
16	accredited engineering curriculum of four (4) years or more who has passed the board's a NCEES
17	examination in the fundamentals of engineering and has obtained two (2) years of engineering
18	experience of a grade and character approved by the board shall be certified and enrolled as an
19	engineer in training, if he or she is qualified. Graduates of a non-accredited engineering technology
20	curriculum are not eligible for certification as an engineer in training.
21	(iii)(4) Duration of engineer in training certification. The certification or enrollment of an
22	engineer in training shall be valid for a minimum period of twelve (12) years not expire and does
23	not need to be renewed.
24	5-8-12 Form of application for registration or certification – Registration,
25	certification, and enrollment fees.
26	(a) Application for registration as a professional engineer or land surveyor or certification
27	as an engineer-in-training shall:
28	(1) Be on a form prescribed and furnished by the board;
29	(2) Establish compliance with the licensing requirements pursuant to § 5-8-11; and
30	(3) Contain references as prescribed in § 5-8-11, none of whom may be members of the
31	board.
32	(b) The application and reexamination fees for professional engineers shall be set by the
33	board in an amount to cover the charges and expenses of examination and scoring reviewing
34	applications and shall accompany the application.
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1	(c) The fee for engineer-in-training certification or enrollment shall be set by the board in
2	an amount to cover the charges and expenses of examination and scoring reviewing applications
3	and shall accompany the application.
4	(d) Should the board deny the issuance of a certificate to any applicant, the fee paid shall
5	be retained as an application fee All application fees are non-refundable, even if an application is
6	denied.
7	5-8-15. Expiration and renewal of certificates of registration for professional
8	engineers.
9	(a) Certificates of registration shall expire on the last day of the month of June following
10	their issuance and become invalid after that date unless renewed. It is the duty of the board to notify
11	every person registered under this chapter of the date of the expiration of his or her certificate and
12	the amount of the fee required for its renewal. The notice shall be delivered, electronically or
13	otherwise, to the registrant, at his or her last-known e-mail address, at least one month in advance
14	of the date of the expiration of the certificate.
15	(b) Renewal may be effected at any time Certificates of registration must be renewed prior
16	to, or during the month of, June by the payment of a fee set by the board in an amount not less than
17	one hundred fifty dollars ($150), but not to exceed one hundred eighty dollars ($180). Renewal of
18	an expired certificate may be effected Expired certificates may be renewed within a period of three
19	(3) years, provided evidence is submitted to the board attesting to the continued competence and
20	good character of the applicant. In the event renewal is not made before the end of the third year,
21	the board may require any reexamination that it deems appropriate. The amount to be paid for that
22	renewal is the annual fee set by the board in an amount not to exceed one hundred eighty dollars
23	($180) times the number of years the applicant has been delinquent, plus a penalty of sixty dollars
24	($60.00) per delinquent year.
25	SECTION 2. Sections 42-64.20-5 and 42-64.20-10 of the General Laws in Chapter 42-
26	64.20 entitled "Rebuild Rhode Island Tax Credit” are hereby amended to read as follows:
27	42-64.20-5. Tax credits.
28	(a) An applicant meeting the requirements of this chapter may be allowed a credit as set
29	forth hereinafter against taxes imposed upon such person under applicable provisions of title 44 of
30	the general laws for a qualified development project.
31	(b) To be eligible as a qualified development project entitled to tax credits, an applicant's
32	chief executive officer or equivalent officer shall demonstrate to the commerce corporation, at the
33	time of application, that:
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1	(1) The applicant has committed a capital investment or owner equity of not less than
2	twenty percent (20%) of the total project cost;
3	(2) There is a project financing gap in which after taking into account all available private
4	and public funding sources, the project is not likely to be accomplished by private enterprise
5	without the tax credits described in this chapter; and
6	(3) The project fulfills the state's policy and planning objectives and priorities in that:
7	(i) The applicant will, at the discretion of the commerce corporation, obtain a tax
8	stabilization agreement from the municipality in which the real estate project is located on such
9	terms as the commerce corporation deems acceptable;
10	(ii) It (A) Is a commercial development consisting of at least 25,000 square feet occupied
11	by at least one business employing at least 25 full-time employees after construction or such
12	additional full-time employees as the commerce corporation may determine; (B) Is a multi-family
13	residential development in a new, adaptive reuse, certified historic structure, or recognized
14	historical structure consisting of at least 20,000 square feet and having at least 20 residential units
15	in a hope community; or (C) Is a mixed-use development in a new, adaptive reuse, certified historic
16	structure, or recognized historical structure consisting of at least 25,000 square feet occupied by at
17	least one business, subject to further definition through rules and regulations promulgated by the
18	commerce corporation; and
19	(iii) Involves a total project cost of not less than $5,000,000, except for a qualified
20	development project located in a hope community or redevelopment area designated under § 45-
21	32-4 in which event the commerce corporation shall have the discretion to modify the minimum
22	project cost requirement.
23	(c) The commerce corporation shall develop separate, streamlined application processes
24	for the issuance of rebuild RI tax credits for each of the following:
25	(1) Qualified development projects that involve certified historic structures;
26	(2) Qualified development projects that involve recognized historical structures;
27	(3) Qualified development projects that involve at least one manufacturer; and
28	(4) Qualified development projects that include affordable housing or workforce housing.
29	(d) Applications made for a historic structure or recognized historic structure tax credit
30	under chapter 33.6 of title 44 shall be considered for tax credits under this chapter. The division of
31	taxation, at the expense of the commerce corporation, shall provide communications from the
32	commerce corporation to those who have applied for and are in the queue awaiting the offer of tax
33	credits pursuant to chapter 33.6 of title 44 regarding their potential eligibility for the rebuild RI tax
34	credit program.
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1	(e) Applicants (1) Who have received the notice referenced in subsection (d) above and
2	who may be eligible for a tax credit pursuant to chapter 33.6 of title 44, (2) Whose application
3	involves a certified historic structure or recognized historical structure, or (3) Whose project is
4	occupied by at least one manufacturer shall be exempt from the requirements of subsections
5	(b)(3)(ii) and (b)(3)(iii). The following procedure shall apply to such applicants:
6	(i) The division of taxation shall remain responsible for determining the eligibility of an
7	applicant for tax credits awarded under chapter 33.6 of title 44;
8	(ii) The commerce corporation shall retain sole authority for determining the eligibility of
9	an applicant for tax credits awarded under this chapter; and
10	(iii) The commerce corporation shall not award in excess of fifteen percent (15%) of the
11	annual amount authorized in any fiscal year to applicants seeking tax credits pursuant to this
12	subsection (e).
13	(f) Maximum project credit.
14	(1) For qualified development projects, the maximum tax credit allowed under this chapter
15	shall be the lesser of (i) Thirty percent (30%) of the total project cost; or (ii) The amount needed to
16	close a project financing gap (after taking into account all other private and public funding sources
17	available to the project), as determined by the commerce corporation.
18	(2) The credit allowed pursuant to this chapter, inclusive of any sales and use tax
19	exemptions allowed pursuant to this chapter, shall not exceed fifteen million dollars ($15,000,000)
20	for any qualified development project under this chapter; except as provided in subsection (f)(3) of
21	this section; provided however, any qualified development project that exceeds the project cap upon
22	passage of this act shall be deemed not to exceed the cap, shall not be reduced, nor shall it be further
23	increased. No building or qualified development project to be completed in phases or in multiple
24	projects shall exceed the maximum project credit of fifteen million dollars ($15,000,000) for all
25	phases or projects involved in the rehabilitation of the building. Provided, however, that for
26	purposes of this subsection and no more than once in a given fiscal year, the commerce corporation
27	may consider the development of land and buildings by a developer on the "I-195 land" as defined
28	in § 42-64.24-3(6) as a separate, qualified development project from a qualified development
29	project by a tenant or owner of a commercial condominium or similar legal interest including
30	leasehold improvement, fit out, and capital investment. Such qualified development project by a
31	tenant or owner of a commercial condominium or similar legal interest on the I-195 land may be
32	exempted from subsection (f)(1)(i) of this section.
33	(3) The credit allowed pursuant to this chapter, inclusive of any sales and use tax
34	exemptions allowed pursuant to this chapter, shall not exceed twenty-five million dollars
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1	($25,000,000) for the project for which the I-195 redevelopment district was authorized to enter
2	into a purchase and sale agreement for parcels 42 and P4 on December 19, 2018, provided that
3	project is approved for credits pursuant to this chapter by the commerce corporation.
4	(g) Credits available under this chapter shall not exceed twenty percent (20%) of the project
5	cost, provided, however, that the applicant shall be eligible for additional tax credits of not more
6	than ten percent (10%) of the project cost, if the qualified development project meets any of the
7	following criteria or other additional criteria determined by the commerce corporation from time
8	to time in response to evolving economic or market conditions:
9	(1) The project includes adaptive reuse or development of a recognized historical structure;
10	(2) The project is undertaken by or for a targeted industry;
11	(3) The project is located in a transit-oriented development area;
12	(4) The project includes residential development of which at least twenty percent (20%) of
13	the residential units are designated as affordable housing or workforce housing;
14	(5) The project includes the adaptive reuse of property subject to the requirements of the
15	industrial property remediation and reuse act, § 23-19.14-1 et seq.; or
16	(6) The project includes commercial facilities constructed in accordance with the minimum
17	environmental and sustainability standards, as certified by the commerce corporation pursuant to
18	Leadership in Energy and Environmental Design or other equivalent standards.
19	(h) Maximum aggregate credits. The aggregate sum authorized pursuant to this chapter,
20	inclusive of any sales and use tax exemptions allowed pursuant to this chapter, shall not exceed
21	two hundred ten million dollars ($210,000,000)two hundred forty million dollars ($240,000,000),
22	excluding any tax credits allowed pursuant to subsection (f)(3) of this section.
23	(i) Tax credits shall not be allowed under this chapter prior to the taxable year in which the
24	project is placed in service.
25	(j) The amount of a tax credit allowed under this chapter shall be allowable to the taxpayer
26	in up to five, annual increments; no more than thirty percent (30%) and no less than fifteen percent
27	(15%) of the total credits allowed to a taxpayer under this chapter may be allowable for any taxable
28	year.
29	(k) If the portion of the tax credit allowed under this chapter exceeds the taxpayer's total
30	tax liability for the year in which the relevant portion of the credit is allowed, the amount that
31	exceeds the taxpayer's tax liability may be carried forward for credit against the taxes imposed for
32	the succeeding four (4) years, or until the full credit is used, whichever occurs first. Credits allowed
33	to a partnership, a limited-liability company taxed as a partnership, or multiple owners of property
34	shall be passed through to the persons designated as partners, members, or owners respectively pro
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1	rata or pursuant to an executed agreement among persons designated as partners, members, or
2	owners documenting an alternate distribution method without regard to their sharing of other tax
3	or economic attributes of such entity.
4	(l) The commerce corporation, in consultation with the division of taxation, shall establish,
5	by regulation, the process for the assignment, transfer, or conveyance of tax credits.
6	(m) For purposes of this chapter, any assignment or sales proceeds received by the taxpayer
7	for its assignment or sale of the tax credits allowed pursuant to this section shall be exempt from
8	taxation under title 44. If a tax credit is subsequently revoked or adjusted, the seller's tax calculation
9	for the year of revocation or adjustment shall be increased by the total amount of the sales proceeds,
10	without proration, as a modification under chapter 30 of title 44. In the event that the seller is not a
11	natural person, the seller's tax calculation under chapter 11, 13, 14, or 17 of title 44, as applicable,
12	for the year of revocation, or adjustment, shall be increased by including the total amount of the
13	sales proceeds without proration.
14	(n) The tax credit allowed under this chapter may be used as a credit against corporate
15	income taxes imposed under chapter 11, 13, 14, or 17, of title 44, or may be used as a credit against
16	personal income taxes imposed under chapter 30 of title 44 for owners of pass-through entities such
17	as a partnership, a limited-liability company taxed as a partnership, or multiple owners of property.
18	(o) In the case of a corporation, this credit is only allowed against the tax of a corporation
19	included in a consolidated return that qualifies for the credit and not against the tax of other
20	corporations that may join in the filing of a consolidated tax return.
21	(p) Upon request of a taxpayer and subject to annual appropriation, the state shall redeem
22	this credit, in whole or in part, for ninety percent (90%) of the value of the tax credit. The division
23	of taxation, in consultation with the commerce corporation, shall establish by regulation a
24	redemption process for tax credits.
25	(q) Projects eligible to receive a tax credit under this chapter may, at the discretion of the
26	commerce corporation, be exempt from sales and use taxes imposed on the purchase of the
27	following classes of personal property only to the extent utilized directly and exclusively in the
28	project: (1) Furniture, fixtures, and equipment, except automobiles, trucks, or other motor vehicles;
29	or (2) Other materials, including construction materials and supplies, that are depreciable and have
30	a useful life of one year or more and are essential to the project.
31	(r) The commerce corporation shall promulgate rules and regulations for the administration
32	and certification of additional tax credit under subsection (e), including criteria for the eligibility,
33	evaluation, prioritization, and approval of projects that qualify for such additional tax credit.
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1	(s) The commerce corporation shall not have any obligation to make any award or grant
2	any benefits under this chapter.
3	42-64.20-10. Sunset.
4	No credits shall be authorized to be reserved pursuant to this chapter after June 30,
5	2021December 31, 2022.
6	SECTION 3. Section 42-64.21-9 of the General Laws in Chapter 42-64.21 entitled “Rhode
7	Island Tax Increment Financing” is hereby amended to read as follows:
8	42-64.21-9. Sunset.
9	The commerce corporation shall enter into no agreement under this chapter after June 30,
10	2021December 31, 2022.
11	SECTION 4. Section 42-64.22-15 of the General Laws in Chapter 42-64.22 entitled “Tax
12	Stabilization Incentive” is hereby amended to read as follows:
13	42-64.22-15. Sunset.
14	The commerce corporation shall enter into no agreement under this chapter after June 30,
15	2021December 31, 2022.
16	SECTION 5. Section 42-64.23-8 of the General Laws in Chapter 42-64.23 entitled “First
17	Wave Closing Fund Act” is hereby amended to read as follows:
18	42-64.23-8. Sunset.
19	No financing shall be authorized to be reserved pursuant to this chapter after June 30,
20	2021December 31, 2022.
21	SECTION 6. Section 42-64.24-8 of the General Laws in Chapter 42-64.24 entitled “I-195
22	Redevelopment Project Fund Act” is hereby amended as follows:
23	42-64.24-8. Sunset.
24	No funding, credits, or incentives shall be authorized or authorized to be reserved pursuant
25	to this chapter after June 30, 2021December 31, 2022.
26	SECTION 7. Section 42-64.25-14 of the General Laws in Chapter 42-64.25 entitled
27	“Rhode Island Small Business Assistance Program” is amended to read as follows:
28	§ 42-64.25-14. Sunset.
29	No grants, funding, or incentives shall be authorized pursuant to this chapter after June 30,
30	2021December 31, 2022.
31	SECTION 8. Sections 42-64.26-3, 42-64.26-5, 42-64.26-8 and 42-64.26-12 of the General
32	Laws in Chapter 42-64.26 entitled “Stay Invested in RI Wavemaker Fellowship” are hereby
33	amended to read as follows:
34	42-64.26-3. Definitions.
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1	As used in this chapter:
2	(1) “Eligible graduate” means an individual who meets the eligibility requirements under
3	this chapter.
4	(2) “Applicant” means an eligible graduate who applies for a tax credit for education loan
5	repayment expenses under this chapter.
6	(3) “Award” means a tax credit awarded by the commerce corporation to an applicant as
7	provided under this chapter.
8	(4) “Business” means any corporation, state bank, federal savings bank, trust company,
9	national banking association, bank holding company, loan and investment company, mutual
10	savings bank, credit union, building and loan association, insurance company, investment
11	company, broker-dealer company or surety company, limited liability company, partnership, sole
12	proprietorship, or federal agency or subsidiaries thereof.
13	(4)(5) “Taxpayer” means an applicant who receives a tax credit under this chapter.
14	(5)(6) “Commerce corporation” means the Rhode Island commerce corporation established
15	pursuant to chapter 64 of title 42.
16	(6)(7) “Eligible expenses” or “education loan repayment expenses” means annual higher
17	education loan repayment expenses, including, without limitation, principal, interest and fees, as
18	may be applicable, incurred and paid by an eligible graduate and which the eligible graduate is
19	obligated to repay for attendance at a post-secondary institution of higher learning.
20	(7)(8) “Eligibility period” means a term of up to four (4) consecutive service periods
21	beginning with the date that an eligible graduate receives initial notice of award under this chapter
22	and expiring at the conclusion of the fourth service period after such date specified.
23	(8)(9) “Eligibility requirements” means the following qualifications or criteria required for
24	an applicant to claim an award under this chapter:
25	(i) That the applicant shall have graduated from an accredited two (2) year, four (4) year
26	or graduate post-secondary institution of higher learning with an associate’s, bachelor’s, graduate,
27	or post-graduate degree and at which the applicant incurred education loan repayment expenses;
28	(ii) That the applicant shall be a full-time employee with a Rhode Island-based employer
29	located in this state throughout the eligibility period, whose employment is for work in one or more
30	of the following covered fields: life, natural or environmental sciences; computer, information or
31	software technology; advanced mathematics or finance; engineering; industrial design or other
32	commercially related design field; or medicine or medical device technology.
33	(9)(10) “Full-time employee” means a person who is employed by a business for
34	consideration for a minimum of at least thirty-five (35) hours per week, or who renders any other
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1	standard of service generally accepted by custom or practice as full-time employment, or who is
2	employed by a professional employer organization pursuant to an employee leasing agreement
3	between the business and the professional employer organization for a minimum of thirty-five (35)
4	hours per week, or who renders any other standard of service generally accepted by custom or
5	practice as full-time employment, and whose wages are subject to withholding and whose earnings
6	are subject to Rhode Island income tax.
7	(10)(11) “Service period” means a twelve (12) month period beginning on the date that an
8	eligible graduate applicant receives initial notice of award under this chapter.
9	(11)(12) “Student loan” means a loan to an individual by a public authority or private lender
10	to assist the individual to pay for tuition, books, and living expenses in order to attend a post-
11	secondary institution of higher learning.
12	(12)(13) “Rhode Island-based employer” means (i) an employer having a principal place
13	of business or at least fifty-one percent (51%) of its employees located in this state; or (ii) an
14	employer registered to conduct business in this state that reported Rhode Island tax liability in the
15	previous tax year.
16	(13)(14) “Fund” refers to the “Stay Invested in RI Wavemaker Fellowship Fund”
17	established pursuant to § 42-64.26-4.
18	42-64.26-5. Administration.
19	(a) Application. An eligible graduate claiming an award under this chapter shall submit to
20	the commerce corporation an application in the manner that the commerce corporation shall
21	prescribe.
22	(b) Upon receipt of a proper application from an applicant who meets all of the eligibility
23	requirements, the commerce corporation shall select applicants on a competitive basis to receive
24	credits for up to a maximum amount for each service period of one thousand dollars ($1,000) for
25	an associate’s degree holder, four thousand dollars ($4,000) for a bachelor’s degree holder, and six
26	thousand dollars ($6,000) for a graduate or post-graduate degree holder, but not to exceed the
27	education loan repayment expenses incurred by such taxpayer during each service period
28	completed, for up to four (4) consecutive service periods provided that the taxpayer continues to
29	meet the eligibility requirements throughout the eligibility period. The commerce corporation shall
30	delegate the selection of the applicants that are to receive awards to a one or more fellowship
31	committees to be convened by the commerce corporation and promulgate the selection procedures
32	the fellowship committee or committees will use, which procedures shall require that the
33	committee’s consideration of applications be conducted on a name-blind and employer-blind basis
34	and that the applications and other supporting documents received or reviewed by the fellowship
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1	committee or committees shall be redacted of the applicant’s name, street address, and other
2	personally-identifying information as well as the applicant’s employer’s name, street address, and
3	other employer-identifying information. The commerce corporation shall determine the
4	composition of the fellowship committee or committees and the selection procedures it will use in
5	consultation with the state’s chambers of commerce.
6	(c) The credits awarded under this chapter shall not exceed one hundred percent (100%)
7	of the education loan repayment expenses incurred paid by such taxpayer during each service
8	period completed for up to four (4) consecutive service periods. Tax credits shall be issued annually
9	to the taxpayer upon proof that (i) the taxpayer has actually incurred and paid such education loan
10	repayment expenses; (ii) the taxpayer continues to meet the eligibility requirements throughout the
11	service period; (iii) The award shall not exceed the original loan amount plus any capitalized
12	interest less award previously claimed under this section; and (iv) that the taxpayer claiming an
13	award is current on his or her student loan repayment obligations.
14	(d) The commerce corporation shall not commit to overall awards in excess of the amount
15	contained in the fund.
16	(e) The commerce corporation shall reserve seventy percent (70%) of the awards issued in
17	a calendar year to applicants who are permanent residents of the state of Rhode Island or who
18	attended an institution of higher education located in Rhode Island when they incurred the
19	education loan expenses to be repaid.
20	(f) In administering awards, the commerce corporation shall:
21	(1) Require suitable proof that an applicant meets the eligibility requirements for award
22	under this chapter;
23	(2) Determine the contents of applications and other materials to be submitted in support
24	of an application for award under this chapter; and
25	(3) Collect reports and other information during the eligibility period for each award to
26	verify that a taxpayer continues to meet the eligibility requirements for an award.
27	42-64.26-8. Carry forward and redemption of tax credits.
28	(a) If the amount of the tax credit allowed under this chapter exceeds the taxpayer’s total
29	tax liability for the year in which the credit is allowed, the amount of such credit that exceeds the
30	taxpayer’s tax liability may be carried forward and applied against the taxes imposed for the
31	succeeding four (4) years, or until the full credit is used, whichever occurs first.
32	(b) The tax credit allowed under this chapter may be used as a credit against personal
33	income taxes imposed under chapter 30 of title 44.
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1	(c) The division of taxation shall at the request of a taxpayer redeem such credits in whole
2	or in part for one hundred percent (100%) of the value of the tax credit.
3	(d) Any amounts paid to a taxpayer for the redemption of tax credits allowed award issued
4	pursuant to this chapter after January 1, 2021 pursuant to this section shall be exempt from taxation
5	under title 44 of the General Laws.
6	42-64.26-12. Sunset.
7	No incentives or credits shall be authorized pursuant to this chapter after June 30,
8	2021December 31, 2022.
9	SECTION 9. Section 42-64.27-6 of the General Laws in Chapter 42-64.27 entitled “Main
10	Street Rhode Island Streetscape Improvement Fund” is hereby amended as follows:
11	§ 42-64.27-6. Sunset.
12	No incentives shall be authorized pursuant to this chapter after June 30, 2021December 31,
13	2022.
14	SECTION 10. Section 42-64.28-10 of the General Laws in Chapter 42-64.28 entitled
15	“Innovation Initiative” is hereby amended as follows:
16	42-64.28-10. Sunset.
17	No vouchers, grants, or incentives shall be authorized pursuant to this chapter after June
18	30, 2021December 31, 2022.
19	SECTION 11. Section 42-64.29-8 of the General Laws in Chapter 42-64.29 entitled
20	“Industry Cluster Grants” is hereby amended as follows:
21	42-64.29-8. Sunset.
22	No grants or incentives shall be authorized to be reserved pursuant to this chapter after
23	June 30, 2021December 31, 2022.
24	SECTION 12. Section 42-64.31-4 of the General Laws in Chapter 42-64.31 entitled “High
25	School, College, and Employer Partnerships” is hereby amended as follows:
26	42-64.31-4. Sunset.
27	No grants shall be authorized pursuant to this chapter after June 30, 2021December 31,
28	2022.
29	SECTION 13. Section 42-64.32-6 of the General Laws in Chapter 42-64.32 entitled “Air
30	Service Development Fund” is hereby amended as follows:
31	42-64.32-6. Sunset.
32	No grants, credits, or incentives shall be authorized or authorized to be reserved pursuant
33	to this chapter after June 30, 2021December 31, 2022.
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1	SECTION 14. Sections 42-64.33-2, 42-64.33-3, 42-64.33-4, 42-64.33-5 and 42-64.33-9
2	of the General Laws in Chapter 42-64.33 entitled “Small Business Development Loan Fund” are
3	hereby amended to read as follows:
4	42-64.33-2. Definitions.
5	(a) As used in this chapter:
6	(1) "Affiliate" means an entity that directly, or indirectly, through one or more
7	intermediaries, controls, or is controlled by, or is under common control with another entity. For
8	the purposes of this chapter, an entity is "controlled by" another entity if the controlling entity holds,
9	directly or indirectly, the majority voting or ownership interest in the controlled entity or has control
10	over the day-to-day operations of the controlled entity by contract or by law.
11	(2) "Applicable percentage" means zero percent (0%) for the first three (3) credit allowance
12	dates, and up to twenty-one and one-half percent (21.5%) for the fourth, fifth, and sixth credit
13	allowance dates.
14	(3) "Capital investment" means any equity or debt investment in a small business
15	development fund by a small business fund investor that:
16	(i) Is acquired after July 5, 2019, at its original issuance solely in exchange for cash;
17	(ii) Has one hundred percent (100%) of its cash purchase price used by the small business
18	development fund to make qualified investments in eligible businesses located in this state within
19	three (3) years of the initial credit allowance date; and
20	(iii) Is designated by the small business development fund as a capital investment under
21	this chapter and is certified by the corporation pursuant to § 42-64.33-4. This term shall include
22	any capital investment that does not meet the provisions of § 42-64.33-4(a) if the investment was
23	a capital investment in the hands of a prior holder.
24	(4) "Corporation" means the Rhode Island commerce corporation.
25	(5) "Credit allowance date" means the date on which a capital investment is made and each
26	of the five (5) anniversary dates of the date thereafter.
27	(6) "Eligible business" means a business that, at the time of the initial qualified investment
28	in the company:
29	(i) Has less than two hundred fifty (250) employees;
30	(ii) Has not more than fifteen million dollars ($15,000,000) in net income from the
31	preceding tax year;
32	(iii) Has its principal business operations in this state; and
33	(iv) Is engaged in industries related to clean energy, biomedical innovation, life sciences,
34	information technology, software, cyber physical systems, cybersecurity, data analytics, defense,
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1	shipbuilding, maritime, composites, advanced business services, design, food, manufacturing,
2	transportation, distribution, logistics, arts, education, hospitality, tourism, or, if not engaged in the
3	industries, the corporation makes a determination that the investment will be beneficial to the
4	economic growth of the state.
5	(7) "Eligible distribution" means a corporation approved distribution in relation to an
6	application which is:
7	(i) A distribution of cash to one or more equity owners of a small business fund investor to
8	fully or partially offset a projected increase in the owner's federal or state tax liability, including
9	any penalties and interest, related to the owner's ownership, management, or operation of the small
10	business fund investor;
11	(ii) A distribution of cash as payment of interest and principal on the debt of the small
12	business fund investor or small business development fund; or
13	(iii) A distribution of cash related to the reasonable costs and expenses of forming,
14	syndicating, managing, and operating the small business fund investor or the small business
15	development fund, or a return of equity or debt to affiliates of a small business fund investor or
16	small business development fund. The distributions may include reasonable and necessary fees paid
17	for professional services, including legal and accounting services, related to the formation and
18	operation of the small business development fund.
19	(8) "Jobs created" means a newly created position of employment that was not previously
20	located in the state at the time of the qualified investment in the eligible business and requiring a
21	minimum of thirty five (35) hours worked each week, measured each year by subtracting the
22	number of full-time, thirty-five hours-per-week (35) employment positions at the time of the initial
23	qualified investment in the eligible business from the monthly average of full-time, thirty-five
24	hours-per-week (35) employment positions for the applicable year. The number shall not be less
25	than zero.
26	(9) "Jobs retained" means a position requiring a minimum of thirty five (35) hours worked
27	each week that existed prior to the initial qualified investment. Retained jobs shall be counted each
28	year based on the monthly average of full-time, thirty-five hours-per-week (35) employment
29	positions for the applicable year. The number shall not exceed the initial amount of retained jobs
30	reported and shall be reduced each year if employment at the eligible business concern drops below
31	that number.
32	(10) "Minority business enterprise" means an eligible business which is certified by the
33	Rhode Island office of diversity, equity and opportunity as being a minority or women business
34	enterprise.
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1	(11) "Principal business operations" means the location where at least sixty percent (60%)
2	of a business's employees work or where employees who are paid at least sixty percent (60%)
3	percent of the business's payroll work. A business that has agreed to relocate employees using the
4	proceeds of a qualified investment to establish its principal business operations in a new location
5	shall be deemed to have its principal business operations in the new location if it satisfies these
6	requirements no later than one hundred eighty (180) days after receiving a qualified investment.
7	(12) "Purchase price" means the amount paid to the small business development fund that
8	issues a capital investment that shall not exceed the amount of capital investment authority certified
9	pursuant to § 42-64.33-4.
10	(13) "Qualified investment" means any investment in an eligible business or any loan to an
11	eligible business with a stated maturity date of at least one year after the date of issuance, excluding
12	revolving lines of credit and senior secured debt unless the eligible business has a credit refusal
13	letter or similar correspondence from a depository institution or a referral letter or similar
14	correspondence from a depository institution referring the business to a small business development
15	fund; provided that, with respect to any one eligible business, the maximum amount of investments
16	made in the business by one or more small business development funds, on a collective basis with
17	all of the businesses' affiliates, with the proceeds of capital investments shall be twenty percent
18	(20%) of the small business development fund's capital investment authority, exclusive of
19	investments made with repaid or redeemed investments or interest or profits realized thereon. An
20	eligible business, on a collective basis with all of the businesses' affiliates, is prohibited from
21	receiving more than four million dollars ($4,000,000) in investments from one or more small
22	business development funds with the proceeds of capital investments.
23	(14) "Small business development fund" means an entity certified by the corporation under
24	§ 42-64.33-4.
25	(15) "Small business fund investor" means an entity that makes a capital investment in a
26	small business development fund.
27	(16) "State" means the state of Rhode Island and Providence Plantations.
28	(17) "State tax liability" means any liability incurred by any entity under chapters 11, 13,
29	14, 17 and 30, of title 44. § 44-17-1 et seq.
30	42-64.33-3. Tax credit established.
31	(a) Upon making a capital investment in a small business development fund, a small
32	business fund investor earns a vested right to a credit against the entity's state tax liability that may
33	be utilized on each credit allowance date of the capital investment in an amount equal to the
34	applicable percentage for the credit allowance date multiplied by the purchase price paid to the
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1	small business development fund for the capital investment. The amount of the credit claimed by
2	any entity shall not exceed the amount of the entity's minimum state tax liability for the tax year
3	for which the credit is claimed. Any amount of credit that an entity is prohibited from claiming in
4	a taxable year as a result of this section may be carried forward for a period of seven (7) years. It
5	is the intent of this chapter that an entity claiming a credit under this section is not required to pay
6	any additional tax that may arise as a result of claiming the credit.
7	(b) No credit claimed under this section shall be refundable or saleable on the open market.
8	Credits earned by or allocated to a partnership, limited liability company, or S corporation may be
9	allocated to the partners, members, or shareholders of the entity for their direct use for state tax
10	liability as defined in this chapter in accordance with the provisions of any agreement among the
11	partners, members, or shareholders, and a small business development fund must notify the
12	corporation of the names of the entities that are eligible to utilize credits pursuant to an allocation
13	of credits or a change in allocation of credits or due to a transfer of a capital investment upon the
14	allocation, change, or transfer. The allocation shall be not considered a sale for purposes of this
15	section. Credits may be assigned, transferred, conveyed or sold by an owner or holder of such
16	credits.
17	(c) The corporation shall provide copies of issued certificates to the division of taxation.;
18	such certifications to include information deemed necessary by the division of taxation for tax
19	administration.
20	42-64.33-4. Application, approval and allocations.
21	(a) The corporation shall publicly solicit applicants and approve applications through a
22	selection process. A small business development fund that seeks to have an equity or debt
23	investment certified as a capital investment and eligible for credits under this chapter shall apply to
24	the corporation in response to a public solicitation. The corporation shall issue the first public
25	solicitation for applicants by November 1, 2021. begin accepting applications within ninety (90)
26	days of July 5, 2019. The small business development fund application shall include the following:
27	(1) The amount of capital investment requested;
28	(2)(A) A copy of the applicant's or an affiliate of the applicant's license as a rural business
29	investment company under 7 U.S.C. § 2009cc, or as a small business investment company under
30	15 U.S.C. § 681, and a certificate executed by an executive officer of the applicant attesting that
31	the license remains in effect and has not been revoked; or (B) evidence satisfactory to the
32	corporation that the applicant is a mission-oriented community financial institution such as a
33	community development financial institution, minority depository institution, certified
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1	development company, or microloan intermediary, or an organization with demonstrated
2	experience of making capital investments in small businesses.
3	(3) Evidence that, as of the date the application is submitted, the applicant or affiliates of
4	the applicant have invested at least one hundred million dollars ($100,000,000) in nonpublic
5	companies;
6	(4) An estimate of the number of jobs that will be created or retained in this state as a result of the
7	applicant's qualified investments;
8	(54) A business plan that includes a strategy for reaching out to and investing in minority
9	business enterprises and a revenue impact assessment projecting state and local tax revenue to be
10	generated by the applicant's proposed qualified investment prepared by a nationally recognized,
11	third-party, independent economic forecasting firm using a dynamic economic forecasting model
12	that analyzes the applicant's business plan over the ten (10) years following the date the application
13	is submitted to the corporation; and
14	(65) A nonrefundable application fee of five thousand dollars ($5,000), which fee shall be
15	set by regulation; and
16	(6) Such other criteria as the corporation deems appropriate.
17	(b) After the close of a public solicitation period, the corporation shall make a
18	determination based upon the criteria set forth in the application or any supplementary materials or
19	information requested by the corporation as to which of the qualified applicants, if any, shall receive
20	an award of tax credits. Within thirty (30) days after receipt of a completed application, the
21	corporation shall grant or deny the application in full or in part. The corporation shall deny the
22	application if:
23	(1) The applicant does not satisfy all of the criteria described in subsection (a) of this
24	section;
25	(2) The revenue impact assessment submitted with the application does not demonstrate
26	that the applicant's business plan will result in a positive economic impact on this state over a ten-
27	year (10) period that exceeds the cumulative amount of tax credits that would be issued to the
28	applicant if the application were approved; or
29	(3) The corporation has already approved the maximum amount of capital investment
30	authority under subsection (ge) of this section.
31	(c) If the corporation denies any part of the application, it shall inform the applicant of the
32	grounds for the denial. If the applicant provides any additional information required by the
33	corporation or otherwise completes its application within fifteen (15) days of the notice of denial,
34	the application shall be considered completed as of the original date of submission. If the applicant
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1	fails to provide the information or fails to complete its application within the fifteen-day (15)
2	period, the application remains denied and must be resubmitted in full with a new submission date.
3	(d) If the application is approved deemed to be complete and the applicant deemed to meet
4	all of the requirements of subsections (a) and (b), the corporation shall certify the proposed equity
5	or debt investment as a capital investment that is eligible for credits under this chapter, subject to
6	the limitations contained in subsection (ge) of this section. The corporation shall provide written
7	notice of the certification to the small business development fund.
8	(e) The corporation shall certify capital investments in the order that the applications were
9	received by the corporation. Applications received on the same day shall be deemed to have been
10	received simultaneously.
11	(f) For applications that are complete and received on the same day, the corporation shall certify
12	applications in proportionate percentages based upon the ratio of the amount of capital investments
13	requested in an application to the total amount of capital investments requested in all applications.
14	(g) The corporation shall certify no more than sixty-five million dollars ($65,000,000) in capital
15	investments pursuant to this section; provided that not more than twenty million dollars
16	($20,000,000) may be allocated to any individual small business development fund certified under
17	this section.
18	(hf) Within sixty (60) days of the applicant receiving notice of certification, the small
19	business development fund shall issue the capital investment to and receive cash in the amount of
20	the certified amount from a small business fund investor. At least forty-five percent (45%) of the
21	small business fund investor's capital investment shall be composed of capital raised by the small
22	business fund investor from sources, including directors, members, employees, officers, and
23	affiliates of the small business fund investor, other than the amount of capital invested by the
24	allocatee claiming the tax credits in exchange for the allocation of tax credits; provided that at least
25	ten percent (10%) of the capital investment shall be derived from the small business investment
26	fund's managers. The small business development fund shall provide the corporation with evidence
27	of the receipt of the cash investment within sixty-five (65) days of the applicant receiving notice of
28	certification. If the small business development fund does not receive the cash investment and issue
29	the capital investment within the time period following receipt of the certification notice, the
30	certification shall lapse and the small business development fund shall not issue the capital
31	investment without reapplying to the corporation for certification. Lapsed certifications revert to
32	the authority and shall be reissued pro rata to applicants whose capital investment allocations were
33	reduced pursuant to this chapter and then in accordance with the application process.
34	42-64.33-5. Tax credit recapture and exit.
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1	(a) The corporation, working in coordination with the division of taxation, may recapture,
2	from any the entity, including partners, members, or shareholders of the entity, that receives a tax
3	credit certificate as a result of certification claims a credit on a tax return, the credit allowed under
4	this chapter if:
5	(1) The small business development fund does not invest one hundred (100%) percent of
6	its capital investment authority in qualified investments in this state within three (3) years of the
7	first credit allowance date;
8	(2) The small business development fund, after satisfying subsection (a)(1) of this section,
9	fails to maintain qualified investments equal to one hundred (100%) percent of its capital
10	investment authority until the sixth anniversary of the initial credit allowance date. For the purposes
11	of this subsection, a qualified investment is considered maintained even if the qualified investment
12	was sold or repaid so long as the small business development fund reinvests an amount equal to the
13	capital returned or recovered by the small business development fund from the original investment,
14	exclusive of any profits realized, in other qualified investments in this state within twelve (12)
15	months of the receipt of the capital. Amounts received periodically by a small business
16	development fund shall be treated as continually invested in qualified investments if the amounts
17	are reinvested in one or more qualified investments by the end of the following calendar year. A
18	small business development fund shall not be required to reinvest capital returned from qualified
19	investments after the fifth anniversary of the initial credit allowance date, and the qualified
20	investments shall be considered held continuously by the small business development fund through
21	the sixth anniversary of the initial credit allowance date;
22	(3) The small business development fund, before exiting the program in accordance with
23	subsection (ef) of this section, makes a distribution or payment that results in the small business
24	development fund having less than one hundred percent (100%) of its capital investment authority
25	invested in qualified investments in this state or available for investment in qualified investments
26	and held in cash and other marketable securities;
27	(4) The small business development fund, before exiting the program in accordance with
28	subsection (ef) of this section, fails to make qualified investments in minority business enterprises
29	that when added together equal at least ten percent (10%) of the small business development fund's
30	capital investment authority; or
31	(5) The small business development fund violates subsection (de) of this section.
32	(b) Recaptured credits and the related capital investment authority revert to the corporation
33	and shall be reissued pro rata to applicants whose capital investment allocations were reduced
34	pursuant to § 42-64.33-4(f) and then in accordance with the application process.
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1	(c) Enforcement of each of the recapture provisions of subsection (a) of this section shall
2	be subject to a six-month (6) cure period. No recapture shall occur until the small business
3	development fund has been given notice of noncompliance and afforded six (6) months from the
4	date of the notice to cure the noncompliance.
5	(d) In the event that tax credits, or a portion of tax credits, have been transferred or assigned
6	in an arms-length transaction, for value, and without notice of violation, fraud, or
7	misrepresentation, the corporation will pursue its recapture rights and remedies against the
8	applicant for the tax credits and/or the recipient of the certification who shall be liable to repay to
9	the corporation the face value of all tax credits assigned or transferred and all fees paid by the
10	applicant shall be deemed forfeited. No redress shall be sought against assignees or transferees of
11	such tax credits provided the tax credits were acquired by way of an arms-length transaction, for
12	value, and without notice of violation, fraud, or misrepresentation.
13	(e) No eligible business that receives a qualified investment under this chapter, or any
14	affiliates of the eligible business, may directly or indirectly:
15	(1) Own or have the right to acquire an ownership interest in a small business development fund or
16	member or affiliate of a small business development fund, including, but not limited to, a holder of
17	a capital investment issued by the small business development fund; or
18	(2) Loan to or invest in a small business development fund or member or affiliate of a small business
19	development fund, including, but not limited to, a holder of a capital investment issued by a small
20	business development fund, where the proceeds of the loan or investment are directly or indirectly
21	used to fund or refinance the purchase of a capital investment under this chapter.
22	(ef) On or after the sixth anniversary of the initial credit allowance date, a small business
23	development fund may apply to the corporation to exit the program and no longer be subject to
24	regulation under this chapter. The corporation shall respond to the exit application within thirty
25	(30) days of receipt. In evaluating the exit application, the fact that no credits have been recaptured
26	and that the small business development fund has not received a notice of recapture that has not
27	been cured pursuant to subsection (c) of this section shall be sufficient evidence to prove that the
28	small business development fund is eligible for exit. The corporation shall not unreasonably deny
29	an exit application submitted under this subsection. If the exit application is denied, the notice shall
30	include the reasons for the determination.
31	(fg) If the number of jobs created or retained by the eligible businesses that received
32	qualified investments from the small business development fund, calculated pursuant to reports
33	filed by the small business development fund pursuant to § 42-64.33-7, is:
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1	(1) Less than sixty percent (60%) of the amount projected in the approved small business
2	development fund's business plan filed as part of its application for certification under § 42-64.33-
3	4, then the state shall receive thirty percent (30%) of any distribution or payment to an equity or
4	debt holder in an approved small business development fund made after its exit from the program
5	in excess of eligible distributions; or
6	(2) Greater than sixty percent (60%) but less than one hundred percent (100%) of the amount
7	projected in the approved small business development fund's business plan filed as part of its
8	application for certification under § 42-64.33-4, then the state shall receive fifteen percent (15%)
9	of any distribution or payment to an equity or debt holder in an approved small business
10	development fund made after its exit from the program in excess of eligible distributions.
11	(gh) At the time a small business development fund applies to the corporation to exit the
12	program, it shall calculate the aggregate internal rate of return of its qualified investments. If the
13	small business development fund's aggregate internal rate of return on its qualified investments at
14	exit exceeds ten percent (10%), then, after eligible distributions, the state shall receive ten percent
15	(10%) of any distribution or payment in excess of the aggregate ten percent (10%) internal rate of
16	return to an equity or debtholder in an approved small business development fund.
17	(hi) The corporation shall not revoke a tax credit certificate after the small business
18	development fund's exit from the program.
19	42-64.33-9. Rules and regulations.
20	The corporation and the division of taxation shall jointly promulgate and adopt rules and
21	regulations pursuant to § 42-35-3 of the general laws, as are necessary to implement this chapter,
22	including, but not limited to: the determination of additional limits; the promulgation of procedures
23	and forms necessary to apply for a tax credit, including the enumeration of the certification
24	procedures; the promulgation of procedures and forms relating to the issuance of tax credit
25	certificates and assignment of credits; and provisions for tax credit applicants to be charged ongoing
26	service fees, to cover the administrative costs related to the tax credit.
27	The corporation and division of taxation may issue reasonable rules and regulations, consistent
28	with this chapter, as are necessary to carry out the intent and purpose and implementation of the
29	responsibilities under this chapter.
30	SECTION 15. Chapter 42-64.33 of the General Laws entitled “Small Business
31	Development Loan Fund” is hereby amended by adding thereto the following section:
32	42-64.33-10. Program integrity.
33	Program integrity being of paramount importance, the corporation shall establish
34	procedures to ensure ongoing compliance with the terms and conditions of the program established
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1	herein, including procedures to safeguard the expenditure of public funds and to ensure that the
2	funds further the objectives of the program.
3	SECTION 16. Section 44-48.3-14 of the General Laws in Chapter 44-48.3 entitled “Rhode
4	Island Qualified Jobs Incentive Act of 2015” is hereby amended as follows:
5	44-48.3-14. Sunset.
6	No credits shall be authorized to be reserved pursuant to this chapter after June 30,
7	2021December 31, 2022.
8	SECTION 17. This article shall take effect upon passage.
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1	ARTICLE 10
2	RELATING TO RELATING TO FISHING INDUSTRY MODERNIZATION
3	SECTION 1. Section 20-2-27.1 of the General Laws in Chapter 20-2 entitled “Licensing”
4	is hereby amended to read as follows:
5	20-2-27.1. Rhode Island party and charter boat vessel license.
6	(a) All party and charter boats vessels carrying recreational passengers to take or attempt
7	to take marine fish species upon the navigable state and coastal waters of Rhode Island shall be
8	required to obtain a Rhode Island party and charter boat vessel license. The licenses shall be issued
9	by the department on a biennial basis for a fee of twenty-five dollars ($25) per vessel. The annual
10	fee shall be one hundred dollars ($100) for a resident of Rhode Island and shall be three hundred
11	dollars ($300) for a non-resident. All licensed party and charter boats vessels shall be required to
12	display a party and charter boat vessel decal provided by the department. To obtain a license, the
13	owner of a qualified vessel must submit:
14	(1) A current copy of the operator's United States Coast Guard license to carry passengers
15	for hire;
16	(2) A current copy of the vessel's "Certificate of Documentation" certifying that the vessel
17	is documented "Coastwise", or if the vessel is under five (5) net tons, a copy of the vessel's state
18	registration;
19	(3) Proof that the operator and crew are currently enrolled in a random drug testing program
20	that complies with the federal government's 46 C.F.R. § 16.101 et seq. "Drug Testing Program"
21	regulations; and
22	(4) A signed license application form certifying that the vessel is and will be operated in
23	compliance with all state and federal safety regulations for the vessel.
24	(b) Rhode Island party and charter boat vessel licenses shall expire on the last day of
25	February December every other year, with the first expiration date being in February 2001.
26	SECTION 2. Sections 20-2.1-3, 20-2.1-4, 20-2.1-7 and 20-2.1-8 of the General Laws in
27	Chapter 20-2.1 entitled “Commercial Fishing Licenses” are hereby amended to read as follows:
28	20-2.1-3. Definitions.
29	For the purposes of this chapter the following terms shall mean:
30	(1) "Basic harvest and gear levels" means fishery-specific harvest and/or gear levels,
31	established and regularly updated by the department by rule, that, in a manner consistent with the
32	state or federally sanctioned management plans or programs that may be in effect, and to the extent
33	possible given those plans and programs, provide a maximum level of participation for commercial
34	fishing license holders in accordance with applicable endorsements.
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1	(1) “Activity Standard” means a level of fishing participation used to establish criteria for
2	the issuance of new licenses.
3	(2) "Commercial fisherman" means a natural person licensed to who catches, harvests, or
4	takes finfish, crustaceans, or shellfish marine species from the marine waters for sale.
5	(3) "Council" means the marine fisheries council established by chapter 3 of this title.
6	(4) "Crustaceans" means lobsters, crabs, shrimp, and for purposes of this chapter it also
7	includes horseshoe crabs.
8	(5) "Director" means the director of the department of environmental management.
9	(6) "Endorsement" means the designation of a fishery in which a license holder may
10	participate at either basic or full harvest and gear levels. Endorsement categories and levels shall
11	be established annually by the department by rule, based on the status of the various fisheries, the
12	levels of participation of existing license holders, and the provisions of applicable management
13	plans or programs. At a minimum, endorsement categories and endorsement opportunities shall
14	include, but may not be limited to: non-lobster crustacean; lobster; non-quahaug shellfish; quahaug;
15	non-restricted finfish; and restricted finfish. Endorsements, when available, shall be issued in
16	accordance with applicable qualifying criteria.
17	(7) "February 28" means the twenty-eighth (28th) day in the month of February or the next
18	business day if February 28 falls on a Saturday or Sunday for the purpose of application submittals
19	and renewal deadlines.
20	(6) “Family member” means a spouse, mother, father, brother, sister, child, or grandchild
21	of the holder or transferor of a commercial fishing license.
22	(87) "Finfish" means cold-blooded aquatic vertebrates with fins, including fish, sharks,
23	rays, skates, and eels and also includes, for the purposes of this chapter, squid.
24	(98) "Fisheries sectors" means and comprises crustaceans, finfish, shellfish, as defined in
25	this section, each of which shall singularly be considered a fishery sector.
26	(10) "Full harvest and gear levels" means fishery-specific harvest and/or gear levels,
27	established and regularly updated by the department by rule, that, in a manner consistent with the
28	state or federally sanctioned management plans or programs that may be in effect, and to the extent
29	possible given those plans and programs, provide a maximum level of participation for principal
30	effort license holders in accordance with applicable endorsements and for all multi-purpose license
31	holders.
32	(9) "Fishery Endorsement" means the authorization for a license holder to participate in a
33	designated fishery sector at a limited or unlimited level.
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1	(1110) "Grace period" means sixty (60) calendar days commencing the last day of February
2	28, as defined herein, and shall only apply to renewals of licenses from the immediately preceding
3	year; provided, that for calendar year 2004 the grace period shall be ninety (90) calendar days
4	commencing February 29, 2004.
5	(1211) "Medical hardship" means a significant medical condition that prevents a license
6	applicant from meeting the application requirements renders an active licensed person unable to
7	fish for a period in excess of fourteen (14) days, either as a result of the physical loss of function
8	or impairment of a body part or parts, or debilitating pain. Demonstration of the medical hardship
9	shall be in the form of a diagnosis and prognosis signed by a medical doctor (M.D. or O.D.).
10	(12) "Medical Incapacity" means death or injury that renders an active license holder
11	permanently unable to actively fish. Demonstration of medical incapacity shall be in the form of a
12	death certificate, or a diagnosis and prognosis signed by a medical doctor (M.D. or O.D.).
13	(13) “Other Endorsement” means the authorization for a license holder or vessel to
14	participate in a designated activity.
15	(134) "Shellfish" means quahogs, clams, mussels, scallops, oysters, conches, and mollusks
16	in general other than squid.
17	(145) "Student commercial fisherman" means a resident twenty-three (23) years of age or
18	younger, licensed pursuant to this chapter, who is a full-time student.
19	20-2.1-4 Licenses – General provisions governing licenses issued.
20	(a) Licenses and vessel declarations required Applicability. It shall be unlawful for any
21	person in Rhode Island or the waters of the state: (1) To take, catch, harvest, possess, or to hold, or
22	transport for sale in Rhode Island any marine finfish, crustacean, or shellfish species without a
23	license issued under the provisions of this title, provided, however, that marine finfish, crustaceans,
24	or shellfish species may be transported by a duly licensed dealer if the marine finfish, crustaceans,
25	or shellfish species have previously been sold by a duly licensed person; or (2) To engage in
26	commercial fishing from a vessel unless the vessel has been declared a commercial fishing vessel
27	as provided in § 20-2.1-5(23) and has a decal affixed to it or is displaying a plate.
28	(b) Validation of license. No license issued under this chapter shall be valid until signed by
29	the licensee in his or her own handwriting.
30	(c) Transfer or loan of license. Unless otherwise provided for in this title, a license issued
31	to a person under this chapter shall be good only for the person to whom it is issued and any transfer
32	or loan of the license shall be grounds for revocation or suspension of that license pursuant to § 20-
33	2-13.
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1	(d) Reporting and inspections condition of license. All persons granted a license under the
2	provisions of this chapter are deemed to have consented to the reporting requirements applicable
3	to commercial fishing actively that are established pursuant to this title and to the reasonable
4	inspection of any boat, vessel, net, rake, bullrake, tong, dredge, trap, pot, vehicle, structure, or other
5	contrivance used regularly for the keeping or storage of fish, shellfish or crustaceans marine
6	species, and any creel, box, locker, basket, crate, blind, fishing, or paraphernalia used in
7	conjunction with the licensed activity by persons duly authorized by the director. The provisions
8	of § 20-1-8(a)(7)(ii) shall apply to these inspections.
9	(e) Possession, inspection, and display of license. Every person holding a license issued
10	under this chapter shall have that license in his or her possession at all times while engaged in the
11	licensed activity and shall present the license for inspection on demand by any authorized person.
12	Any person who shall refuse to present a license on demand shall be liable to the same punishment
13	as if that person were fishing without a license.
14	(f) Application for license. Every person entitled to a license under this chapter shall file
15	an application with the director, or the director's authorized agent, properly sworn to, stating the
16	name, age, occupation, place of residence, mailing address, weight, height, and color of hair and
17	eyes of the applicant for whom the license is wanted and providing any other information that may
18	be required pursuant to rule in order to effectuate the purposes of this chapter, and pay the fees as
19	provided in this chapter. All licenses issued under this chapter shall be valid only for the calendar
20	year of issuance, unless otherwise specified in this chapter or in the rules and regulations adopted
21	pursuant to this chapter. If the person will be either the owner or the operator as provided in § 20-
22	2.1-5(57) of a commercial fishing vessel, the person shall declare, on the application for each
23	commercial fishing vessel, the vessel name, length, horsepower, state registration number or coast
24	guard documentation number, federal permit number, if any, gear type(s), the principal fishery or
25	fisheries, and average projected crew size.
26	(g) Application deadline, grace period for renewals, and limitation on appeals after the
27	deadlines. For commercial marine fishing licenses provided for in §§ 20-2.1-5 and 20-2.1-6, the
28	following provisions shall apply:
29	(1) Unless otherwise specified in this chapter, an individual qualified to obtain a license
30	must submit an application to the department of environmental management no later than the last
31	day of February 28 of each year; license application shall be deemed valid if submitted to the
32	department prior to the close of regular office hours on the last day of February 28 or if postmarked
33	by the last day of February 28;
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1	(2) Unless otherwise specified in this title, no new or renewed licenses shall be issued after
2	the last day of February 28 of each year, unless an applicant has submitted an application by the
3	February 28 deadline required by this section;
4	(3) The department shall notify all license holders, in writing, regarding the December 31
5	expiration and the February 28 renewal deadline no later than November 1 of each year;
6	(4) For renewals of existing commercial marine fishing licenses that expire on December
7	31 of the immediately preceding year, there shall be a sixty-day (60) grace period from the renewal
8	deadline of February 28; licenses issued during the grace period shall be subject to a late fee in the
9	amount of two-hundred dollars ($200) in addition to all other applicable fees;
10	(5) Except as provided for in subsection (g)(4) of this section or § 20-2.1-5(1)(iviii)(A), the
11	department shall not accept any applications submitted after the last day of February 28; and
12	(6) There shall be no right to request reconsideration by the commercial fishing license
13	review board or an appeal to the department of environmental management's administrative
14	adjudication division (AAD) for the rejection of any new license applications submitted after the
15	last day of February 28, or any license renewal applications submitted after the sixty (60) day grace
16	period., except iIn the case of a documented medical hardship as defined herein medical condition
17	that prevents a license applicant from meeting the application requirements, the license applicant
18	has no more than one year after the expiration of a license to appeal to AAD. Demonstration of
19	such medical condition shall be in the form of a diagnosis and prognosis signed by a medical doctor
20	(M.D. or O.D.).
21	(h) Lost or destroyed licenses and duplicate licenses. Whoever loses, or by a mistake or
22	accident destroys his or her certificate of a commercial marine fisheries license, may, upon
23	application to the department accompanied by an affidavit fully setting forth the circumstances of
24	the loss, receive a duplicate certificate license for the remainder of the year covered by the original
25	certificate, for a fee of ten dollars ($10.00) for each duplicate license.
26	(i) Revocation of licenses.
27	(1) License revocation. The license of any person who has violated the provisions of this
28	chapter, or rules adopted pursuant to the provisions of this chapter, or rules and regulations that
29	pertain to commercial fishing and reporting issued pursuant to this title, may be suspended or
30	revoked by the director as the director shall determine by regulation. Any person aggrieved by an
31	order of suspension or revocation may appeal this order in accordance with the provisions of the
32	administrative procedures act, chapter 35 of title 42.
33	(2) False statements and violations; cancellation of license. Any person who willfully
34	makes a false representation as to birthplace or requirements of identification or of other facts
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1	required in an application for license under this chapter, or is otherwise directly or indirectly a party
2	to a false representation, shall be punished by a fine of not more than fifty dollars ($50.00). A
3	license obtained by any person through a false representation shall be null and void, and the license
4	shall be surrendered immediately to the director. No license shall be issued under this title to this
5	person for a period of one year from the date of imposition of a penalty under this section.
6	(3) False, altered, forged, or counterfeit licenses. Every person who falsely makes, alters,
7	forges, or counterfeits, or who causes to be made, altered, forged, or counterfeited, a license issued
8	under this chapter or title or purporting to be a license issued under this chapter or title, or who
9	shall have in his or her possession such a license knowing it to be false, altered, forged, or
10	counterfeit, is guilty of a misdemeanor and is subject to the penalties prescribed in § 20-1-16.
11	(j) Expiration. Unless otherwise specified in this title, all licenses issued under this chapter
12	shall be annual and shall expire on December 31 of each year. It shall be unlawful for any person
13	to fish commercially in Rhode Island waters on an expired license; and the application and grace
14	periods set forth in subsections (g)(1) and (g)(4) above shall not extend the validity of any expired
15	license.
16	(k) Notice of change of address. Whenever any person holding any commercial fishing
17	license shall move from the address named in his or her last application, that person shall, within
18	ten (10) days subsequent to moving, notify the office of boat registration and licensing of his or her
19	former and current address.
20	20-2.1-7. Landing permits and fees.
21	Landing permits shall be issued as provided for in chapter 4 of this title. In addition, a non-
22	resident must obtain a landing permit, for a fee of two hundred dollars ($200), to off-load or land
23	species harvested outside Rhode Island waters. The landing permit shall be valid for the calendar
24	year in which it was issued. The department shall adopt any rules and procedures that may be
25	necessary for the timely issuance of landing permits in order to facilitate the off-loading and sale
26	of non-quota species harvested outside state waters.
27	(a) All residents or non-residents, with the exception of persons or vessels with qualifying
28	Rhode Island fishing licenses, who have charge of a vessel carrying seafood products legally
29	harvested outside Rhode Island waters shall obtain a permit to land, sell or offer for sale seafood
30	products in Rhode Island. The permit shall be issued by the department upon proof that the
31	applicant holds a valid state or federal commercial fishing license.
32	(1) Resident landing permit: for the landing, sale or offering for sale of marine species
33	(including process product), caught by any means: the fee shall be three hundred dollars ($ 300).
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1	(2) Non-resident landing permit: for the landing, sale or offering for sale of marine species
2	(including process product), caught by any means, excluding restricted species as defined by rule.
3	The fee shall be six hundred dollars ($600).
4	(3) Non-resident exempted landing permits.
5	(i) A new landing permit shall not be issued to any non-resident to off-load, land, offer for
6	sale, or sell any restricted marine species, the definition of which shall be established by the
7	department by rule and shall take into account species for which a quota has been allocated to the
8	state of Rhode Island by the Atlantic States Marine Fisheries Council or the National Marine
9	Fisheries service, unless:
10	(A) the landing shall be counted against the quota of the state where the vessel making the
11	landing is registered or documented; or
12	(B) the state where the vessel making the landing is registered or documented issues new
13	landing permits to Rhode Island residents to land against that state's quota for the same species. For
14	purposes of this section, the renewal of any non-resident landing permit shall be considered a new
15	non-resident landing permit unless the applicant can show, to the satisfaction of the director,
16	historic participation in the fishery and landings of the species; and any change or upgrade of a
17	vessel twenty percent (20%) or greater in length, displacement, or horsepower above the named
18	vessel shall be considered a new landing permit. Issuance of a landing permit shall not be deemed
19	to create a property right that can be sold, transferred, or encumbered; landing permits shall be
20	surrendered to the state upon their non-renewal or forfeiture, and the acquisition of a named vessel
21	by a non-resident who does not already have a landing permit shall not entitle the non-resident to
22	a landing permit unless a new landing permit can be issued as allowed in this section.
23	(4) Fee: The fee shall be six hundred dollars ($600).
24	(b) Landing permits shall be valid for the calendar year in which they are issued.
25	(c) The department shall adopt any rules and procedures that may be necessary for the
26	timely issuance of these permits in order to facilitate the off-loading and sale of seafood products,
27	except restricted finfish, harvested outside Rhode Island waters.
28	(d) Notwithstanding the provisions of this section, a commercial vessel with seafood
29	products on board may, without a landing permit, enter Rhode Island waters and be secured to a
30	shoreside facility for purposes other than landing, selling, or offering for sale the seafood products
31	on board if the person having charge of the vessel obtains permission from the department's division
32	of law enforcement prior to securing the vessel to the shoreside facility.
33	20-2.1-8. Dealers' licenses and fees.
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1	In accordance with §§ 20-4-1.1, 20-6-24, and 20-7-5.1, the following dealers' licenses shall
2	be issued by the department:
3	(a) No person, partnership, firm, association, or corporation shall barter or trade in marine
4	species taken by persons licensed under this chapter unless a license so to do has been obtained
5	from the director of environmental management.
6	(b) Any licensee operating under the provisions of this section shall purchase marine
7	species from licensed persons only and shall purchase or possess only those lobsters legally taken
8	or possessed.
9	(c) The director shall issue and enforce rules and regulations and orders governing bartering
10	and trading in marine species by licensed persons of marine species and licensed dealers, and other
11	persons, partnerships, firms, associations, or corporations.
12	(d) License types and fees:
13	(1) Multi-purpose Rhode Island dealer's license. This license shall allow the holder dealer
14	to deal purchase or sell all marine products in the state of Rhode Island. The license shall be valid
15	for the calendar year in which it is issued. The cost of the license fee shall be three hundred four
16	hundred and fifty dollars ($300 450).
17	(2) Finfish dealer's license. This license shall allow the holder dealer to deal purchase or
18	sell all finfish products in the state of Rhode Island. The license shall be valid for the calendar year
19	in which it is issued. The cost of the license fee shall be two hundred three hundred dollars ($200
20	300).
21	(3) Shellfish dealer's license. This license shall allow the holder dealer to deal purchase or
22	sell all shellfish products in the state of Rhode Island. The license shall be valid for the calendar
23	year in which it is issued. The cost of the license fee shall be two hundred three hundred dollars
24	($200 300).
25	(4) Crustacean dealer license. This license shall allow the dealer to purchase all crustacean
26	products in the state of Rhode Island. The license shall be valid for the calendar year in which it is
27	issued. The fee shall be three hundred dollars ($300).
28	(e) Seafood dealers license – suspension or revocation. The director may suspend, revoke,
29	or deny the license of a seafood dealer or fisher of marine species for the violation of any provision
30	of this title or the rules, regulations, or orders adopted or issued pursuant to this title.
31	(f) Any person aggrieved by the decisions of the director may appeal the decision pursuant
32	to the provisions of the Administrative Procedures Act, chapter 35 of title 42.
33	(g) The director is authorized to enter and inspect the business premises, appurtenant
34	structures, vehicles, or vessels of any seafood dealer and to inspect the records maintained by a
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1	seafood dealer for the purpose of determining compliance with the provisions of this section and
2	any rules, regulations, or orders issued under this section, and no person shall interfere with,
3	obstruct the entrance, or inspection of the director or the director's agents of those business
4	premises, appurtenant structures, vehicles or vessels.
5	(h) Any violation of the provisions of this section or any rule, regulation, or order adopted
6	under this section shall be subject to penalties prescribed in § 20-1-16.
7	SECTION 3. Effective on July 1, 2022, Sections 20-2.1-5 and 20-2.1-6 of the General
8	Laws in Chapter 20-2.1 entitled “Commercial Fishing Licenses” are hereby amended to read as
9	follows:
10	20-2.1-5. Resident licenses, endorsements and fees.
11	The director shall establish, as a minimum, the following types of licenses and
12	endorsements set forth in this section. In addition, the director may establish any other classes and
13	types of licenses and endorsements, consistent with the provisions of this chapter and with adopted
14	management plans that may be necessary to accomplish the purposes of this chapter:
15	(1) Types of licenses.
16	(i) Standard resident Ccommercial fishing license. Rhode Island residents shall be eligible
17	to obtain a standard resident commercial fishing license; the license shall allow the holder to engage
18	in commercial fishing in fisheries sectors, per dictated by the fishery endorsement(s) associated
19	with the license at basic harvest and gear levels. Fishery endorsements shall be established by the
20	department consistent with fishery management plans developed pursuant to this chapter. The
21	annual fee for a commercial fishing license shall be fifty dollars ($50.00) and twenty-five dollars
22	($25.00) for each endorsement at the basic harvest and gear levels.
23	(ii) Principal effort license. Duly licensed persons, in a fishery as of December 31 of the
24	immediately preceding year, shall be eligible to obtain a principal effort license for the fishery
25	sector for which they were licensed on December 31 of the immediately preceding year, which
26	principal effort license shall allow its holder to fish in a fishery sector at the full harvest and gear
27	levels. Principal effort license holders, in addition to the fishery sector of their principal effort,
28	shall be eligible to obtain endorsements for the other fishery sectors at the full harvest and gear
29	levels, if and when those endorsements are made available; the annual fee for each other fishery
30	sector endorsement shall be seventy-five dollars ($75). Principal effort license holders shall also be
31	eligible to obtain a commercial fishing license with endorsements, except for fisheries in which the
32	license holder can fish at the full harvest and gear levels.
33	(iii) Multi-purpose license. All multi-purpose license holders as of December 31 of the
34	immediately preceding year shall be eligible to obtain a multi-purpose license that shall allow the
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1	holder to engage in commercial fishing in all fisheries sectors at the full harvest and gear levels. At
2	the time of application for a multi-purpose license and each annual renewal of it, the applicant shall
3	make a non-binding declaration of which fishing sectors the applicant intends to place significant
4	fishing effort during the period covered by the license. The annual fee for multi-purpose license
5	shall be three hundred dollars ($300).
6	(Aiii) Student shellfish license. A resident twenty-three (23) years or younger shall pay fifty
7	dollars ($50.00) for a student commercial license to take shellfish upon provision of proof of full-
8	time student status. An individual qualified to obtain a license must submit an application to the
9	department of environmental management no later than June 30; a license application shall be
10	deemed valid if submitted to the department prior to the close of regular office hours on June 30 or
11	if postmarked by June 30.
12	(Biv) Over sixty-five (65) shellfish license. A resident sixty-five (65) years of age and over
13	shall be eligible for a shellfish license to shellfish commercially and there shall be no fee for this
14	license.
15	(v) Multipurpose vessel license. Any multipurpose license holder shall be eligible to obtain
16	a multipurpose vessel license that shall allow the vessel owner to designate any operator to engage
17	in commercial fishing for all marine species aboard their owned vessel, provided the vessel owner
18	has consigned a multipurpose fishing license to the department. The department may then re-issue
19	the consigned multipurpose fishing license to the commercially declared fishing vessel as a
20	multipurpose vessel license. The director has the authority to limit the number of multipurpose
21	vessel licenses issued annually by rule. The fee for a multipurpose vessel license shall be one
22	thousand dollars ($1,000).
23	(2) Fees.
24	(i) Standard resident commercial fishing license.
25	(A) Standard resident commercial fishing license plus one limited fishery endorsement:
26	The fee shall be one hundred fifty dollars ($150).
27	(B) Standard resident commercial fishing license plus two limited fishery endorsement:
28	The fee shall be two hundred dollars ($200).
29	(C) Standard resident commercial fishing license plus three limited fishery endorsement:
30	The fee shall be two hundred fifty dollars ($250).
31	(D) Standard resident commercial fishing license plus one unlimited fishery endorsement:
32	The fee shall be three hundred dollars ($300).
33	(E) Standard resident commercial fishing license plus one unlimited fishery endorsement
34	and one limited fishery endorsement: The fee shall be three hundred fifty dollars ($350).
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1	(F) Standard resident commercial fishing license plus two unlimited fishery endorsement:
2	The fee shall be three hundred seventy-five dollars ($375).
3	(G) Standard resident commercial fishing license plus one unlimited fishery endorsement
4	and two limited fishery endorsement: The fee shall be four hundred dollars ($400).
5	(H) Standard resident commercial fishing license plus two unlimited fishery endorsement
6	and one limited fishery endorsement: The fee shall be four hundred twenty-five dollars ($425).
7	(ii) Multipurpose license: The fee shall be four hundred fifty dollars ( $450).
8	(iv) Special licenses.
9	(23) Vessel declaration and fees; gear endorsement and fees.
10	(i) Vessel declaration and fee. (A) The department shall require the owner and/or the
11	operator of a commercial fishing vessel to declare the vessel on the owner/operator's commercial
12	fishing license. The declaration shall be made at the time of initial license issuance and each
13	renewal, or prior to the vessel being used for commercial fishing by the owner and/or operator if
14	the first usage of the vessel for commercial fishing occurs during the course of a year after the
15	license has been issued or renewed. If the declaration is for a vessel of less than twenty-five feet
16	(25') in length, the declaration shall be transferable to another vessel less than twenty-five feet (25')
17	in length, provided the vessel is identified as commercial fishing vessel while it is being used for
18	commercial fishing by displaying a plate as provided in § 20-2.1-4.
19	(B) The annual fee for each vessel declaration shall be twenty-five dollars ($25.00) for the
20	first twenty-five feet (25') or under, plus fifty cents ($0.50) per foot for each whole foot over twenty-
21	five feet (25'); this declaration fee shall entitle the holder to a decal. The holder of a valid decal for
22	twenty-five feet (25') in length or under may obtain a plate from the department for display on a
23	vessel twenty-five feet (25') in length that is being used temporarily for commercial fishing; the
24	annual fee for a plate shall be fifteen dollars ($15.00).
25	(ii4) Gear endorsements and fees.
26	(A) Shellfish dredging endorsement. A resident of this state who holds a multipurpose
27	license and/or an appropriate shellfish license is also eligible to apply for a shellfish dredging
28	endorsement to take quahogs, mussels, and surf clams by dredges hauled by powerboat. The annual
29	fee shall be twenty dollars ($20.00).
30	(B) Fish trap endorsements. A person who holds a multi-purpose license and/or a principal-
31	effort license for finfish is also eligible to apply for a fish trap endorsement in accordance with the
32	permitting provisions in chapter 5 of this title. The fee shall be twenty dollars ($20.00) per trap
33	location for a three-year (3) period. Applicants who possessed a valid fish trap endorsement as of
34	the immediately preceding year may obtain a fish trap endorsement for the immediately following
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1	year, subject to the same terms and conditions in effect as the immediately preceding year. New
2	fish trap endorsement opportunities shall be established by the department by rule, pursuant to
3	applicable management plans and the provisions in chapter 5 of this title.
4	(Ci) Gill net endorsements. A person who holds a multipurpose license, or a vessel with a
5	multipurpose vessel license, and/or a principal effort license for finfish is also eligible to apply for
6	a commercial gill net endorsement in accordance with the provisions of this section. The annual
7	fee for a commercial gill net endorsement is shall be twenty dollars ($20.00). Applicants who
8	possessed a gill net endorsement as of the immediately preceding year may obtain a gill net
9	endorsement for the immediately following year. New gill net endorsement opportunities shall be
10	established by the department by rule, pursuant to applicable management plans.
11	(Dii) Miscellaneous gear Other endorsements. The department may establish by rule any
12	specific gear endorsements that may be necessary or appropriate to effectuate the purposes of this
13	chapter and facilitate participation in a specific fishery with a specific type of gear; the fee for such
14	a gear endorsement shall not be greater than two hundred dollars ($200), but may be a lesser
15	amount. This endorsement shall be issued only in a manner consistent with the general requirements
16	of this chapter, including specifically those governing residency.
17	(35) New licenses.
18	(i) Eligibility. For new principal-effort standard resident commercial fishing and multi-
19	purpose licenses, priority shall be given to applicants who have held a lower level of commercial
20	fishing license for two (2) years or more, applicants with military service, and applicants who have
21	completed a department authorized commercial fishing training program, with preference to family
22	members and crew members of a license holder who is retiring his or her license.
23	(ii) Priority or preference applicants. A new license shall be granted to priority/preference
24	applicants who have acquired vessel and/or gear from a license holder who has retired a license,
25	provided, that as the result of any such transaction, for each license retired, not more than one new
26	license may be granted, nor may the nominal effort, including the total number of licenses, in a
27	fishery subject to effort controls or catch restrictions be increased.
28	(iii) Availability of new or additional licenses. New principal-effort standard resident
29	commercial fishing and multipurpose licenses that increase the total number of licenses in the
30	fishery may be made available by rule consistent with management plan for issuance effective
31	January 1, in any year, based on status of resource and economic condition of fishery. Priority for
32	new licenses shall be given to Rhode Island residents.
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1	(46) Retirement of licenses. Issuance of a commercial fishing license shall not be deemed
2	to create a property right such that the license can be sold or transferred by the license holder;
3	fishing licenses shall be surrendered to the state upon their non-renewal, forfeiture, or revocation.
4	(57) Transfer for Issuance of temporary operator permits in cases of medical
5	hardship. Notwithstanding the provisions of § 20-2.1-4(c), a license may be transferred to a family
6	member upon the incapacity or death of the license holder who has actively participated in
7	commercial fishing. The transfer shall be effective upon its registration with the department. A
8	family member shall be defined as the spouse, mother, father, brother, sister, child, or grandchild
9	of the transferor. The department shall make available, as necessary, temporary operator permits to
10	provide solely for the continued operation of a fishing vessel upon the illness, incapacity, or death
11	determination of medical hardship of a license holder who has actively participated in commercial
12	fishing fished. , which Temporary operator permits shall be subject at a minimum to the conditions
13	and restrictions that applied to the license holder.
14	(8) Issuance of new Licenses to family members in cases of medical incapacity: Upon
15	determination of medical incapacity, an actively fished license may be surrendered to the
16	Department for the purpose of the concurrent issuance of a new license to a resident family member.
17	(9) Issuance of new licenses upon the sale of a commercial fishing business: Upon the sale
18	of a commercial fishing business, as defined by rule, a new license may be issued to the buyer upon
19	the surrender of the seller’s license to the department for the purpose of the concurrent issuance of
20	a new license.
21	(610) Transfer of vessels and gear. Vessels and gear may be sold, transferred, or disposed
22	at the sole discretion of the owner; provided, however, that the subsequent level of use of the gear
23	may be restricted in Rhode Island waters in order to accomplish the purposes of a duly adopted
24	management plan or other duly adopted program to reduce effort.
25	20-2.1-6. Non-resident licenses, endorsements and fees.
26	Subject to the rules of the department, non-residents may apply for the following
27	commercial fishing licenses:
28	(1) Standard Nnon-resident principal effort commercial fishing license.
29	(i) Non-residents age eighteen (18) and over shall be eligible to obtain a standard non-
30	resident commercial fishing license and, in accordance with applicable qualifying criteria, available
31	fishery sector endorsements, provided that the state of residence of the person affords the same
32	privilege in a manner that is not more restrictive to Rhode Island residents. A standard non-resident
33	principal effort commercial fishing license shall allow the license holder to harvest, land, and sell
34	in a lawful manner any marine species of finfish, per as dictated by the fishery endorsement(s), at
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1	principal harvest and gear levels and as allowed in a management plan adopted by the department
2	associated with the license. Fishery endorsements shall be established by the department consistent
3	with fishery management plans developed pursuant to this chapter.
4	(ii) Duly Rhode Island-licensed non-residents in a commercial fishery as of December 31
5	of the immediately preceding year shall be eligible to obtain a standard non-resident principal effort
6	commercial fishing license with a single sector endorsement applicable to the fishery sectors for
7	which they were licensed as of December 31 of the immediately preceding year; provided:
8	(A) that the state of residence of the person affords the same privilege in a manner that is
9	not more restrictive to Rhode Island residents;
10	(B) that those persons apply for the standard non-resident principal effort commercial
11	fishing license in accordance with § 20-2.1-4(g); and
12	(C) that those persons shall also be subject to any other restrictions that were applicable to
13	the license as of December 31 of the immediately preceding year, which other restrictions may be
14	altered or changed consistent with a fishery management plans adopted by the department
15	developed pursuant to this chapter.
16	(iii) Persons not duly licensed as of December 31 of the immediately preceding year shall
17	be eligible to obtain a standard non-resident principal effort commercial fishing license, per
18	endorsement, when available, consistent with fishery management plans developed pursuant to this
19	chapter, in accordance with applicable qualifying criteria and as allowed in a management plan
20	adopted by the department, provided that the state of residence of the person affords the same
21	privilege in a manner that is not more restrictive to Rhode Island residents.
22	(iv) The annual fee for a standard non-resident principal effort license shall be four hundred
23	dollars ($400), plus one hundred dollars ($100) per endorsement.
24	(2) Non-resident commercial fishing license. (i) A non-resident commercial fishing license
25	shall allow the holder to harvest, land, and sell in a lawful manner any species of finfish, per
26	endorsement(s), at basic harvest and gear levels and as allowed in a management plan adopted by
27	the department.
28	(ii) Non-residents age eighteen (18) and over shall be eligible to obtain a non-resident
29	commercial fishing license and, in accordance with applicable qualifying criteria, available fishery
30	sector endorsements, provided that the state of residence of the person affords the same privilege
31	in a manner that is not more restrictive to Rhode Island residents.
32	(iii) Holders of non-resident principal effort licenses shall not be eligible to obtain non-
33	resident commercial fishing licenses with the same fishery sector endorsements.
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1	(iv) Duly Rhode Island licensed non-residents in a commercial fishery as of December 31
2	of the immediately preceding year shall be eligible to obtain a non-resident commercial fishing
3	license in their endorsed fishery sector as of December 31 of the immediately preceding year
4	provided:
5	(A) That the state of residence of the person affords the same privilege in a manner that is
6	not more restrictive to Rhode Island residents;
7	(B) That those persons apply for the non-resident commercial fishing license in accordance
8	with § 20-2.1-4(g); and
9	(C) That those persons shall also be subject to any other restrictions that were applicable
10	to the license as of December 31 of the immediately preceding year which other restrictions may
11	be altered or changed consistent with a management plan adopted by the department.
12	(v) The annual fee for a non-resident commercial fishing license shall be one hundred fifty
13	dollars ($150), plus fifty dollars ($50.00) per endorsement.
14	(2) Fees.
15	(i) Standard non-resident commercial fishing license.
16	(A) Standard non-resident commercial fishing license plus one limited fishery
17	endorsement: The fee shall be three hundred fifty dollars ($350).
18	(B) Standard non-resident commercial fishing license plus one unlimited fishery
19	endorsement: The fee shall be seven hundred dollars ($700).
20	(C) Standard non-resident commercial fishing license plus two limited fishery
21	endorsements: The fee shall be seven hundred dollars ($700).
22	(D) Standard non-resident commercial fishing license plus three limited fishery
23	endorsements: The fee shall be one thousand fifty dollars ($1050).
24	(E) Standard non-resident commercial fishing license plus one unlimited fishery
25	endorsement and one limited fishery endorsement: The fee shall be one thousand fifty dollars
26	($1050).
27	(F) Standard non-resident commercial fishing license plus one unlimited fishery
28	endorsement and two limited fishery endorsements: The fee shall be one thousand four hundred
29	dollars ($1400).
30	(G) Standard non-resident commercial fishing license plus two unlimited fishery
31	endorsements: The fee shall be one thousand four hundred dollars ($1400).
32	(H) Standard non-resident commercial fishing license plus two unlimited and one limited
33	fishery endorsement: The fee shall be one thousand seven hundred fifty dollars ($1750).
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1	(3) Vessel declaration and fees. The department shall require a non-resident owner and/or
2	operator of a commercial fishing vessel to make a declaration for that vessel; which shall be made
3	at the time of initial license issuance and each renewal, or prior to the vessel's being used for
4	commercial fishing in Rhode Island waters by the non-resident owner and/or operator if the first
5	usage of the vessel for commercial fishing occurs during the course of a year after the license has
6	been issued or renewed, for a cost of fifty dollars ($50.00), plus one dollar and fifty cents ($1.50)
7	for each whole foot over twenty-five feet (25') in length overall.
8	(4) New licenses. Any resident of a state that accords to Rhode Island residents commercial
9	fishing privileges that include an ability to obtain a new license to fish for finfish species that are
10	subject to restrictions and/or quotas, may on species specific reciprocal basis be eligible to obtain
11	commercial fishing licenses and principal effort standard non-resident commercial fishing licenses
12	by endorsement as provided in this section, subject to availability and with the priority established
13	in § 20-2.1-5(3)(iii).
14	SECTION 4. Sections 20-4-1.1, 20-4-1.2 and 20-4-1.3 of the General Laws in Chapter 20-
15	4 entitled "Commercial Fisheries" are hereby repealed.
16	20-4-1.1. Finfish dealers license – License for finfish buyers – Suspension or
17	revocation.
18	(a) No person, partnership, firm, association, or corporation shall barter or trade in finfish
19	taken by persons licensed under this chapter unless a license so to do has been obtained from the
20	director of environmental management.
21	(b) Any licensee operating under the provisions of this section shall purchase finfish from
22	licensed persons only and shall purchase or possess only those finfish legally taken or possessed.
23	(c) The director shall issue and enforce rules and regulations and orders governing bartering
24	and trading in finfish by licensed fishers of finfish and licensed finfish buyers and other persons,
25	partnerships, firms, associations, or corporations.
26	(d) The director may suspend, revoke, or deny the license of a finfish buyer or fisher of
27	finfish for the violation of any provision of this title or the rules, regulations, or orders adopted or
28	issued pursuant to this title.
29	(e) Any person aggrieved by the decisions of the director may appeal the decision pursuant
30	to the provisions of the Administrative Procedures Act, chapter 35 of title 42.
31	(f) The director of the department of environmental management and the director's agents
32	are authorized to enter and inspect the business premises, appurtenant structures, vehicles, or
33	vessels of any finfish buyer and to inspect the records maintained by a finfish buyer for the purpose
34	of determining compliance with the provisions of this section and any rules, regulations, or orders
	LC002437 - Page 140 of 407
1	issued under this section, and no person shall interfere with, obstruct the entrance, or inspection of
2	the director or the director's agents of those business premises, appurtenant structures, vehicles or
3	vessels.
4	(g) Any violation of the provisions of this section or any rule, regulation, or order adopted
5	under this section shall be subject to penalties prescribed in § 20-1-16.
6	20-4-1.2. Resident or non-resident commercial landing permit.
7	(a) Each resident or non-resident who has charge of a vessel carrying seafood products
8	legally harvested outside Rhode Island waters shall obtain a permit to land, sell or offer for sale
9	seafood products in Rhode Island. The permit shall be issued by the department upon proof that the
10	applicant holds a valid state or federal commercial fishing license and upon payment of the
11	following fees:
12	(1) Resident or non-resident finfish landing permit: for the landing sale or offering for sale
13	of non-restricted finfish, the definition of which shall be established by the department by rule,
14	caught by any means, two hundred dollars ($200) for residents of the state; four hundred dollars
15	($400) for non-residents of the state.
16	(2) Resident or non-resident shellfish landing permit: (includes process product), two
17	hundred dollars ($200) for residents of the state; four hundred dollars ($400) for non-residents of
18	the state. This permit allows the holder to land shellfish (surf clams, blue mussels, ocean quahaugs,
19	sea scallops) legally harvested in federal water.
20	(3) Resident or non-resident miscellaneous landing permit: includes all other seafood
21	products not specified under any other provision of this chapter, two hundred dollars ($200) for
22	residents of the state; four hundred dollars ($400) for non-residents of the state.
23	(4) Multi-purpose resident or non-resident landing permit: This permit allows a resident or
24	non-resident to land and sell all marine products in the state of Rhode Island, except restricted
25	finfish, the definition of which shall be established by the department by rule, three hundred dollars
26	($300) for residents of the state; six hundred dollars ($600) for non-residents of the state.
27	(b) Landing permits shall be valid for the calendar year in which they are issued.
28	(c) The department shall adopt any rules and procedures that may be necessary for the
29	timely issuance of these permits in order to facilitate the off-loading and sale of seafood products,
30	except restricted finfish, harvested outside Rhode Island waters.
31	(d) Notwithstanding the provisions of this section, a commercial vessel with seafood
32	products on board may, without a landing permit, enter Rhode Island waters and be secured to a
33	shoreside facility for purposes other than landing, selling, or offering for sale the seafood products
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1	on board if the person having charge of the vessel obtains permission from the department's division
2	of law enforcement prior to securing the vessel to the shoreside facility
3	20-4-1.3. Non-resident landing permits.
4	A new landing permit shall not be issued to any non-resident to off-load, land, offer for
5	sale, or sell any restricted marine species, the definition of which shall be established by the
6	department by rule and shall take into account species for which a quota has been allocated to the
7	state of Rhode Island by the Atlantic States Marine Fisheries Council or the National Marine
8	Fisheries service, unless: (1) the landing shall be counted against the quota of the state where the
9	vessel making the landing is registered or documented; or (2) the state where the vessel making the
10	landing is registered or documented issues new landing permits to Rhode Island residents to land
11	against that state's quota for the same species. For purposes of this section, the renewal of any non-
12	resident landing permit shall be considered a new non-resident landing permit unless the applicant
13	can show, to the satisfaction of the director, historic participation in the fishery and landings of the
14	species; and any change or upgrade of a vessel twenty percent (20%) or greater in length,
15	displacement, or horsepower above the named vessel shall be considered a new landing permit.
16	Issuance of a landing permit shall not be deemed to create a property right that can be sold,
17	transferred, or encumbered; landing permits shall be surrendered to the state upon their non-renewal
18	or forfeiture, and the acquisition of a named vessel by a non-resident who does not already have a
19	landing permit shall not entitle the non-resident to a landing permit unless a new landing permit
20	can be issued as allowed in this section
21	SECTION 5. Section 20-6-24 of the General Laws in Chapter 20-6 entitled "Shellfish" is
22	hereby repealed.
23	20-6-24. License for shellfish buyers – Suspension or revocation.
24	(a) No person, partnership, firm, association, or corporation shall barter or trade in shellfish
25	taken by persons licensed under this chapter unless a license so to do has been obtained from the
26	director of environmental management.
27	(b) Any licensee operating under the provisions of this section shall purchase shellfish from
28	licensed persons only and shall purchase or possess only those shellfish legally taken or possessed.
29	(c) The director shall issue and enforce rules and regulations and orders governing bartering
30	and trading in shellfish by licensed fishers of shellfish, licensed shellfish buyers and other persons,
31	partnerships, firms, associations, or corporations.
32	(d) The director may suspend, revoke, or deny the license of a shellfish buyer or fisher of
33	shellfish for the violation of any provision of this title or the rules, regulations, or orders adopted
34	or issued pursuant to this title.
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1	(e) Any person aggrieved by the decision of the director may appeal the decision pursuant
2	to the provisions of the Administrative Procedures Act, chapter 35 of title 42.
3	(f) The director of the department of environmental management and the director's agents
4	are authorized to enter and inspect the business premises, appurtenant structures, vehicles, or
5	vessels of any shellfish buyer and to inspect records maintained by a shellfish buyer for the purpose
6	of determining compliance with the provisions of this section and any rules, regulations, or orders
7	issued under this section, and no person shall interfere with or obstruct the entrance or inspection
8	of the director or the director's agents of those business premises, appurtenant structures, vehicles,
9	or vessels.
10	(g) Any violation of the provisions of this section or any rule, regulation, or order adopted
11	under this section shall be subject to the penalties prescribed in § 20-1-16.
12	SECTION 6. Section 20-7-5.1 of the General Laws in Chapter 20-7 entitled "Lobsters and
13	Other Crustaceans" is hereby repealed.
14	20-7-5.1 Lobster dealer's license.
15	(a) No person, partnership, firm, association, or corporation shall barter or trade in lobsters
16	taken by persons licensed under this chapter unless a license so to do has been obtained from the
17	director of environmental management.
18	(b) Any licensee operating under the provisions of this section shall purchase lobsters from
19	licensed persons only and shall purchase or possess only those lobsters legally taken or possessed.
20	(c) The director shall issue and enforce rules and regulations and orders governing bartering
21	and trading in lobsters by licensed fishers of lobster and licensed lobster buyers and other persons,
22	partnerships, firms, associations, or corporations.
23	(d) The director may suspend, revoke, or deny the license of a lobster buyer or fisher of
24	lobster for the violation of any provision of this title or the rules, regulations, or orders adopted or
25	issued pursuant to this title.
26	(e) Any person aggrieved by the decision of the director may appeal the decision pursuant
27	to the provision of the Administrative Procedures Act, chapter 35 of title 42.
28	(f) The director of the department of environmental management and the director's agents
29	are authorized to enter and inspect the business premises, appurtenant structures, vehicles or vessels
30	of any lobster buyer and to inspect records maintained by a lobster buyer for the purposes of
31	determining compliance with the provisions of this section and any rules, regulations, or orders
32	issued under this section, and no person shall interfere with or obstruct the entrance or inspection
33	of the director or the director's her agents of those business premises, appurtenant structures,
34	vehicles or vessels.
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1	(g) Any violation of the provisions of this section or any rule, regulation or order adopted
2	hereunder shall be subject to the penalties prescribed in § 20-1-16.
3	SECTION 7. Section 21-14-12 of the General Laws in Chapter 21-14 entitled “Shellfish
4	Packing Houses” is hereby amended to read as follows:
5	21-14-12. Inspection of business premises – Dockside Program Established.
6	(a) The director shall make regular inspections of the business premises of licensees and
7	no person shall interfere with or obstruct the entrance of the director to any packing house or
8	structural appurtenance to it, vessel, or vehicle for the purpose of making inspection as to sanitary
9	conditions during reasonable business hours, and no person shall obstruct the conduct of this
10	inspection; provided, that inspections as to sanitary conditions shall be made only by the director
11	or employees of the department of health. These employees of the department of health shall not
12	be construed to include agents whom the director may appoint in other departments for the purpose
13	of enforcing other provisions of this chapter; and provided, that nothing in this section shall be
14	construed as having granted to the director or any duly authorized official of the department the
15	right of search and seizure without a warrant.
16	(b) The director shall be authorized to establish a dockside program, including the
17	promulgation of any rules and regulations deemed necessary or advisable in connection therewith,
18	pursuant to the relevant provisions of the National Shellfish Sanitation Program (NSSP) Model
19	Ordinance. Promulgating such rules and regulations pursuant to the NSSP Model Ordinance shall
20	assure that the marine shellfish processers, licensed by the department to land and process surf
21	clams and/or other marine shellfish species acquired in federal waters, are doing so in sanitary
22	fashion that comports with national standards. Such rules and regulations shall also be consistent
23	with the landing permit requirements of the department of environmental management in section
24	20-2.1-7. The dockside program shall not apply to aquaculture processers.
25	(c) The licensing fees from the dockside program shall be deposited into the general fund.
26	However, the amount of the revenues collected for the dockside program shall be appropriated to
27	the department of health for its administration of this program. The director shall have the authority
28	to establish the licensing fees and limit the number of licenses issued, at his or her sole discretion.
29	SECTION 8. Section 3 of this article shall take effect on July 1, 2022. The remainder of
30	this article shall take effect upon passage.
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1	ARTICLE 11
2	RELATING TO ADULT USE MARIJUANA
3	SECTION 1. Section 2-26-5 of the General Laws in Chapter 2-26 entitled “Hemp Growth
4	Act” is hereby amended as follows:
5	2-26-5. Authority over licensing and sales.
6	(a) The department shall prescribe rules and regulations for the licensing and regulation of
7	hemp growers, handlers, licensed CBD distributors, and licensed CBD retailers and persons
8	employed by the applicant not inconsistent with law, to carry into effect the provision of this chapter
9	and shall be responsible for the enforcement of the licensing.
10	(b) All growers, handlers, licensed CBD distributors, and licensed CBD retailers must have
11	a hemp license issued by the department. All production, distribution, and retail sale of hemp-
12	derived consumable CBD products must be consistent with any applicable state or local food
13	processing and safety regulations, and the applicant shall be responsible to ensure its compliance
14	with the regulations and any applicable food safety licensing requirements, including, but not
15	limited to, those promulgated by the department on health.
16	(c) The application for a hemp license shall include, but not be limited to, the following:
17	(1) (i) The name and address of the applicant who will supervise, manage, or direct the
18	growing and handling of hemp and the names and addresses of any person or entity partnering or
19	providing consulting services regarding the growing or handling of hemp; and
20	(ii) The name and address of the applicant who will supervise, manage, or direct the
21	distribution or sale of hemp-derived consumable CBD products, and names and addresses of any
22	person or entity partnering or providing consulting services regarding the distribution or sale of
23	hemp-derived CBD products.
24	(2) A certificate of analysis that the seeds or plants obtained for cultivation are of a type
25	and variety that do not exceed the maximum concentration of delta-9 THC, as set forth in § 2-26-
26	3; any seeds that are obtained from a federal agency are presumed not to exceed the maximum
27	concentration and do not require a certificate of analysis.
28	(3) (i) The location of the facility, including the Global Positioning System location, and
29	other field reference information as may be required by the department with a tracking program
30	and security layout to ensure that all hemp grown is tracked and monitored from seed to distribution
31	outlets.; and
32	(ii) The location of the facility and other information as may be required by the department
33	as to where the distribution or sale of hemp-derived consumable CBD products will occur.
	LC002437 - Page 145 of 407
1	(4) An explanation of the seed to sale tracking, cultivation method, extraction method, and
2	certificate of analysis or certificate of analysis for the standard hemp seeds or hemp product if
3	required by the department.
4	(5) Verification, prior to planting any seed, that the plant to be grown is of a type and
5	variety of hemp that will produce a delta-9 THC concentration of no more than three-tenths of one
6	percent (0.3%) on a dry-weight basis.
7	(6) Documentation that the licensee and/or its agents have entered into a purchase
8	agreement with a hemp handler, processor, distributor or retailer.
9	(7) All applicants:
10	(i) Shall apply to the state police, attorney general, or local law enforcement for a National
11	Criminal Identification records check that shall include fingerprints submitted to the Federal
12	Bureau of Investigation. Upon the discovery of a disqualifying conviction defined in subsections
13	(c)(7)(iv) and (c)(7)(v), and in accordance with the rules promulgated by the department, the state
14	police shall inform the applicant, in writing, of the nature of the conviction, and the state police
15	shall notify the department, in writing, without disclosing the nature of the conviction, that a
16	conviction has been found;
17	(ii) In those situations in which no conviction has been found, the state police shall inform
18	the applicant and the department, in writing, of this fact;
19	(iii) All applicants shall be responsible for any expense associated with the criminal
20	background check with fingerprints.
21	(iv) Any applicant who has been convicted of any felony offense under chapter 28 of title
22	21, or any person who has been convicted of murder; manslaughter; first-degree sexual assault;
23	second-degree sexual assault; first-degree child molestation; second-degree child molestation;
24	kidnapping; first-degree arson; second-degree arson; mayhem; robbery; burglary; breaking and
25	entering; assault with a dangerous weapon; or any assault and battery punishable as a felony or
26	assault with intent to commit any offense punishable as a felony, shall be disqualified from holding
27	any license or permit under this chapter. The department shall notify any applicant, in writing, of a
28	denial of a license pursuant to this subsection, provided that any disqualification or denial of license
29	shall be subject to the provisions of § 28-5.1-14 of the general laws.
30	(v) For purposes of this section, "conviction" means, in addition to judgments of conviction
31	entered by a court subsequent to a finding of guilty, or plea of guilty, those instances where the
32	defendant has entered a plea of nolo contendere and has received a jail sentence or a suspended jail
33	sentence, or those instances wherein the defendant has entered into a deferred sentence agreement
34	with the Rhode Island attorney general and the period of deferment has not been completed.
	LC002437 - Page 146 of 407
1	(8) Any other information as set forth in rules and regulations as required by the
2	department.
3	(d) [Deleted by P.L. 2019, ch. 88, art. 15, §1].
4	(e) The department shall issue a hemp license to the grower or handler applicant if he, she,
5	or it meets the requirements of this chapter, upon the applicant paying a licensure fee of two
6	thousand five hundred dollars ($2,500). Said license shall be renewed every two (2) years upon
7	payment of a two thousand five hundred dollar ($2,500) renewal fee. Any licensee convicted of
8	any disqualifying offense described in subsection (c)(7)(iv) shall have his, her, or its license
9	revoked. All license fees shall be directed to the department to help defray the cost of enforcement.
10	The department shall collect a nonrefundable application fee of two hundred fifty dollars ($250)
11	for each application to obtain a license.
12	(f) Any grower or handler license applicant or license holder may also apply for and be
13	issued a CBD distributor and/or CBD retailer license at no additional cost provided their grower or
14	handler license is issued or renewed. CBD distributor and CBD retailer licenses shall be renewed
15	each year at no additional fee provided the applicant also holds or renews a grower and/or handler
16	license.
17	(g) For applicants who do not hold, renew, or receive a grower or handler license, CBD
18	distributor and CBD retailer licenses shall have a licensure fee of five hundred dollars ($500). The
19	licenses shall be renewed each year upon approval by the department and payment of a five hundred
20	dollar ($500) renewal fee.
21	SECTION 2. Section 21-28.5-2 of Chapter 21-28.5 of the General Laws entitled “Sale of
22	Drug Paraphernalia” is hereby amended as follows:
23	21-28.5-2. Manufacture or delivery of drug paraphernalia – Penalty.
24	It is unlawful for any person to deliver, sell, possess with intent to deliver, or sell, or
25	manufacture with intent to deliver, or sell drug paraphernalia, knowing that it will be used to plant,
26	propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare,
27	test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or introduce into the human
28	body a controlled substance in violation of chapter 28 of this title. A violation of this section shall
29	be punishable by a fine not exceeding five thousand dollars ($5,000) or imprisonment not exceeding
30	two (2) years, or both.
31	Notwithstanding any other provision of the general laws, the sale, manufacture, or delivery
32	of drug paraphernalia to a person acting in accordance with chapters 28.6, 28.11, or 28.12 of this
33	title shall not be considered a violation of this chapter.
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1	SECTION 3. Sections 21-28.6-3, 21-28.6-5, and 21-28.6-6 of the General Laws in
2	Chapter 21-28.6 entitled “The Edward O. Hawkins and Thomas C. Slater Medical Marijuana
3	Act” are hereby amended as follows:
4	21-28.6-3 Definitions.
5	For the purposes of this chapter:
6	(1) "Authorized purchaser" means a natural person who is at least twenty-one (21) years
7	old and who is registered with the department of health for the purposes of assisting a qualifying
8	patient in purchasing marijuana from a compassion center. An authorized purchaser may assist no
9	more than one patient, and is prohibited from consuming marijuana obtained for the use of the
10	qualifying patient. An authorized purchaser shall be registered with the department of health and
11	shall possesses a valid registry identification card.
12	(2) “Cannabis” means all parts of the plant of the genus marijuana, also known as marijuana
13	sativa L, whether growing or not; the seeds thereof; the resin extracted from any part of the
14	plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its
15	seeds, or resin regardless of cannabinoid content or cannabinoid potency including “marijuana”, and
16	“industrial hemp” or “industrial hemp products” which satisfy the requirements of chapter 26 of
17	title 2.
18	(3) “Cannabis testing laboratory” means a third-party analytical testing laboratory licensed
19	by the department of health, in coordination with the department of business regulation, to collect
20	and test samples of cannabis.
21	(4) "Cardholder" means a person who has been registered or licensed with the department
22	of health or the department of business regulation pursuant to this chapter and possesses a valid
23	registry identification card or license.
24	(5) "Commercial unit" means a building, or other space within a commercial or industrial
25	building, for use by one business or person and is rented or owned by that business or person.
26	(6)(i) "Compassion center" means a not-for-profit corporation, subject to the provisions of
27	chapter 6 of title 7, and licensed under § 21-28.6-12, that acquires, possesses, cultivates,
28	manufactures, delivers, transfers, transports, supplies, or dispenses medical marijuana, and/or
29	related supplies and educational materials, to patient cardholders and/or their registered caregiver,
30	cardholder or authorized purchaser.
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1	(ii) "Compassion center cardholder" means a principal officer, board member, employee,
2	volunteer, or agent of a compassion center who has registered with the department of business
3	regulation and has been issued and possesses a valid, registry identification card.
4	(7) "Debilitating medical condition" means:
5	(i) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune
6	deficiency syndrome, Hepatitis C, post-traumatic stress disorder, or the treatment of these
7	conditions;
8	(ii) A chronic or debilitating disease or medical condition, or its treatment, that produces
9	one or more of the following: cachexia or wasting syndrome; severe, debilitating, chronic pain;
10	severe nausea; seizures, including but not limited to, those characteristic of epilepsy; or severe and
11	persistent muscle spasms, including but not limited to, those characteristic of multiple sclerosis or
12	Crohn's disease; or agitation of Alzheimer's Disease; or
13	(iii) Any other medical condition or its treatment approved by the department of health, as
14	provided for in § 21-28.6-5.
15	(8) "Department of business regulation" means the Rhode Island department of business
16	regulation or its successor agency.
17	(9) "Department of health" means the Rhode Island department of health or its successor
18	agency.
19	(10) "Department of public safety" means the Rhode Island department of public safety or
20	its successor agency.
21	(11) "Dried marijuana" means the dried leaves and flowers of the marijuana plant as
22	defined by regulations promulgated by the department of business regulation.
23	(12) "Dwelling unit" means the room, or group of rooms, within a residential dwelling used
24	or intended for use by one family or household, or by no more than three (3) unrelated individuals,
25	with facilities for living, sleeping, sanitation, cooking, and eating.
26	(13) "Equivalent amount" means the portion of usable marijuana, be it in extracted, edible,
27	concentrated, or any other form, found to be equal to a portion of dried marijuana, as defined by
28	regulations promulgated by the departments of business regulation.
29	(14) “Immature marijuana plant” means a marijuana plant, rooted or unrooted, with no
30	observable flowers or buds.
31	(15) "Licensed medical marijuana cultivator" means a person or entity, as identified in §
32	43-3-6, who has been licensed by the department of business regulation to cultivate medical
33	marijuana pursuant to § 21-28.6-16.
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1	(16) "Marijuana" has the meaning given that term in § 21-28-1.02.
2	(17) “Marijuana establishment licensee” means any person or entity licensed by the
3	department of business regulation under this chapter or chapter 28.12 of title 21 whose license
4	permits it to engage in or conduct activities in connection with the medical marijuana program or
5	adult use marijuana industry. “Marijuana establishment licensees” shall include but not be limited
6	to, compassion centers, medical marijuana cultivators, and cannabis testing laboratories, adult use
7	marijuana retailers, hybrid marijuana cultivators, and the holder of any other license issued by the
8	department of business regulation under chapters 28.6 or 28.12 of title 21 of the general laws and/or
9	as specified and defined in regulations promulgated by the department of business regulation.
10	(18) "Mature marijuana plant" means a marijuana plant that has flowers or buds that are
11	readily observable by an unaided visual examination.
12	(19) “Medical marijuana emporium” means any establishment, facility or club, whether
13	operated for-profit or nonprofit, or any commercial unit, at which the sale, distribution, transfer or
14	use of medical marijuana or medical marijuana products is proposed and/or occurs to, by or among
15	registered patients, registered caregivers, authorized purchaser cardholders or any other person.
16	This shall not include a compassion center regulated and licensed by the department of business
17	regulation pursuant to the terms of this chapter.
18	(20) “Medical marijuana” means marijuana and marijuana products that satisfy the
19	requirements of this chapter and have been given the designation of “medical marijuana” due to
20	dose, potency, form. Medical marijuana products are only available for use by patient cardholders,
21	and may only be sold to or possessed by patient cardholders, or their registered caregiver, or
22	authorized purchaser in accordance with this chapter. Medical marijuana may not be sold to,
23	possessed by, manufactured by, or used except as permitted as under this chapter.
24	(21) “Medical marijuana plant tag set” or “plant tag” means any tag, identifier, registration,
25	certificate, or inventory tracking system authorized or issued by the department or which the
26	department requires be used for the lawful possession and cultivation of medical marijuana plants
27	in accordance with this chapter.
28	(22) "Medical use" means the acquisition, possession, cultivation, manufacture, use,
29	delivery, transfer, or transportation of medical marijuana or paraphernalia relating to the
30	consumption of marijuana to alleviate a patient cardholder's debilitating medical condition or
31	symptoms associated with the medical condition in accordance with the provisions of this chapter.
32	(23) "Practitioner" means a person who is licensed with authority to prescribe drugs
33	pursuant to chapters 34, 37, and 54 of title 5 who may provide a qualifying patient with a written
34	certification in accordance with regulations promulgated by the department of health.
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1	(24) "Primary caregiver" means a natural person who is at least twenty-one (21) years old
2	who is registered under this chapter in order to, and who may assist one (1) qualifying patient, but
3	no more than five (5) qualifying patients, with their medical use of marijuana, provided that a
4	qualified patient may also serve as his or her own primary caregiver subject to the registration and
5	requirements set forth in § 21-28.6-4.
6	(25) "Qualifying patient" means a person who has been certified by a practitioner as having
7	a debilitating medical condition and is a resident of Rhode Island.
8	(26) "Registry identification card" means a document issued by the department of health
9	or the department of business regulation, as applicable, that identifies a person as a registered
10	qualifying patient, a registered primary caregiver, or authorized purchaser, or a document issued
11	by the department of business regulation or department of health that identifies a person as a
12	registered principal officer, board member, employee, volunteer, or agent of a compassion center,
13	licensed medical marijuana cultivator, cannabis testing lab, or any other medical marijuana
14	licensee.
15	(27) "Unusable marijuana" means marijuana seeds, stalks, and unusable roots and shall not
16	count towards any weight-based possession limits established in this chapter.
17	(28) "Usable marijuana" means the leaves and flowers of the marijuana plant, and any
18	mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant.
19	(29) "Wet marijuana" means the harvested leaves and flowers of the marijuana plant before
20	they have reached a dry state, as defined by regulations promulgated by the department of health
21	and department of business regulation.
22	(30) "Written certification" means a statement signed by a practitioner, stating that, in the
23	practitioner's professional opinion, the potential benefits of the medical use of marijuana would
24	likely outweigh the health risks for the qualifying patient. A written certification shall be made only
25	in the course of a bona fide, practitioner-patient relationship after the practitioner has completed a
26	full assessment of the qualifying patient's medical history. The written certification shall specify
27	the qualifying patient's debilitating medical condition or conditions which may include the
28	qualifying patient’s medical records.
29	21-28.6-5 Departments of health and business regulation to issue regulations.
30	(a) Not later than ninety (90) days after the effective date of this chapter, the department of
31	health shall promulgate regulations governing the manner in which it shall consider petitions from
32	the public to add debilitating medical conditions to those included in this chapter. In considering
33	such petitions, the department of health shall include public notice of, and an opportunity to
34	comment in a public hearing, upon such petitions. The department of health shall, after hearing,
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1	approve or deny such petitions within one hundred eighty (180) days of submission. The approval
2	or denial of such a petition shall be considered a final department of health action, subject to judicial
3	review. Jurisdiction and venue for judicial review are vested in the superior court. The denial of a
4	petition shall not disqualify qualifying patients with that condition, if they have a debilitating
5	medical condition as defined in § 21-28.6-3(57). The denial of a petition shall not prevent a person
6	with the denied condition from raising an affirmative defense.
7	(b) Not later than ninety (90) days after the effective date of this chapter, the department
8	of health shall promulgate regulations governing the manner in which it shall consider applications
9	for, and renewals of, registry identification cards for qualifying patients and authorized purchasers.
10	The department of health's regulations shall establish application and renewal fees that generate
11	revenues sufficient to offset all expenses of implementing and administering this chapter. The
12	department of health may vary the application and renewal fees along a sliding scale that accounts
13	for a qualifying patient's or caregiver's income. The department of health may accept donations
14	from private sources in order to reduce the application and renewal fees.
15	(c) Not later than October 1, 2019 January 1, 2022, the department of business regulation
16	shall promulgate regulations not inconsistent with law, to carry into effect the provisions of this
17	section, governing the manner in which it shall consider applications for, and renewals of, registry
18	identification cards for primary caregivers. The department of business regulation’s regulations
19	shall establish application and renewal fees. The department of business regulation may vary the
20	application and renewal fees along a sliding scale that accounts for a qualifying patient's or
21	caregiver's income. The department of business regulation may accept donations from private
22	sources in order to reduce the application and renewal fees.
23	21-28.6-6 Administration of departments of health and business regulation
24	regulations.
25	(a) The department of health shall issue registry identification cards to qualifying patients
26	who submit the following, in accordance with the department's regulations. Applications shall
27	include but not be limited to:
28	(1) Written certification as defined in § 21-28.6-3;
29	(2) Application fee, as applicable;
30	(3) Name, address, and date of birth of the qualifying patient; provided, however, that if
31	the patient is homeless, no address is required;
32	(4) Name, address, and telephone number of the qualifying patient's practitioner;
33	(5) Whether the patient elects to grow medical marijuana plants for himself or herself; and
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1	(6) Name, address, and date of birth of one primary caregiver of the qualifying patient and
2	any authorized purchaser for the qualifying patient, if any primary caregiver or authorized
3	purchaser is chosen by the patient or allowed in accordance with regulations promulgated by the
4	departments of health or business regulation.
5	(b) The department of health shall not issue a registry identification card to a qualifying
6	patient under the age of eighteen (18) unless:
7	(1) The qualifying patient's practitioner has explained the potential risks and benefits of the
8	medical use of marijuana to the qualifying patient and to a parent, guardian, or person having legal
9	custody of the qualifying patient; and
10	(2) A parent, guardian, or person having legal custody consents in writing to:
11	(i) Allow the qualifying patient's medical use of marijuana;
12	(ii) Serve as the qualifying patient's primary caregiver or authorized purchaser; and
13	(iii) Control the acquisition of the marijuana, the dosage, and the frequency of the medical
14	use of marijuana by the qualifying patient.
15	(c) The department of health shall renew registry identification cards to qualifying patients
16	in accordance with regulations promulgated by the department of health and subject to payment of
17	any applicable renewal fee.
18	(d) The department of health shall not issue a registry identification card to a qualifying
19	patient seeking treatment for post-traumatic stress disorder (PTSD) under the age of eighteen (18).
20	(e) The department of health shall verify the information contained in an application or
21	renewal submitted pursuant to this section, and shall approve or deny an application or renewal
22	within thirty-five (35) days of receiving it. The department may deny an application or renewal
23	only if the applicant did not provide the information required pursuant to this section, or if the
24	department determines that the information provided was falsified, or that the renewing applicant
25	has violated this chapter under their previous registration. Rejection of an application or renewal is
26	considered a final department action, subject to judicial review. Jurisdiction and venue for judicial
27	review are vested in the superior court.
28	(f) If the qualifying patient's practitioner notifies the department of health in a written
29	statement that the qualifying patient is eligible for hospice care or chemotherapy, the department
30	of health and department of business regulation, as applicable, shall give priority to these
31	applications when verifying the information in accordance with subsection (e) and issue a registry
32	identification card to these qualifying patients, primary caregivers and authorized purchasers within
33	seventy-two (72) hours of receipt of the completed application. The departments shall not charge a
34	registration fee to the patient, caregivers or authorized purchasers named in the application. The
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1	department of health may identify through regulation a list of other conditions qualifying a patient
2	for expedited application processing.
3	(g) Following the promulgation of regulations pursuant to § 21-28.6-5(c), the department
4	of business regulation may issue or renew a registry identification card to the qualifying patient
5	cardholder's primary caregiver, if any, who is named in the qualifying patient's approved
6	application. The department of business regulation shall verify the information contained in
7	applications and renewal forms submitted pursuant to this chapter prior to issuing any registry
8	identification card. The department of business regulation may deny an application or renewal if
9	the applicant or appointing patient did not provide the information required pursuant to this section,
10	or if the department determines that the information provided was falsified, or if the applicant or
11	appointing patient has violated this chapter under their previous registration or has otherwise failed
12	to satisfy the application or renewal requirements.
13	(1) A primary caregiver applicant or an authorized purchaser applicant shall apply to the
14	bureau of criminal identification of the department of attorney general, department of public safety
15	division of state police, or local police department for a national criminal records check that shall
16	include fingerprints submitted to the Federal Bureau of Investigation. Upon the discovery of any
17	disqualifying information as defined in subsection (g)(5), and in accordance with the rules
18	promulgated by the director, the bureau of criminal identification of the department of attorney
19	general, department of public safety division of state police, or the local police department shall
20	inform the applicant, in writing, of the nature of the disqualifying information; and, without
21	disclosing the nature of the disqualifying information, shall notify the department of business
22	regulation or department of health, as applicable, in writing, that disqualifying information has been
23	discovered.
24	(2) In those situations in which no disqualifying information has been found, the bureau of
25	criminal identification of the department of attorney general, department of public safety division
26	of state police, or the local police shall inform the applicant and the department of business
27	regulation or department of health, as applicable, in writing, of this fact.
28	(3) The department of health or department of business regulation, as applicable, shall
29	maintain on file evidence that a criminal records check has been initiated on all applicants seeking
30	a primary caregiver registry identification card or an authorized purchaser registry identification
31	card and the results of the checks. The primary caregiver cardholder shall not be required to apply
32	for a national criminal records check for each patient he or she is connected to through the
33	department's registration process, provided that he or she has applied for a national criminal records
34	check within the previous two (2) years in accordance with this chapter. The department of health
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1	and department of business regulation, as applicable, shall not require a primary caregiver
2	cardholder or an authorized purchaser cardholder to apply for a national criminal records check
3	more than once every two (2) years.
4	(4) Notwithstanding any other provision of this chapter, the department of business
5	regulation or department of health may revoke or refuse to issue any class or type of registry
6	identification card or license if it determines that failing to do so would conflict with any federal
7	law or guidance pertaining to regulatory, enforcement and other systems that states, businesses, or
8	other institutions may implement to mitigate the potential for federal intervention or enforcement.
9	This provision shall not be construed to prohibit the overall implementation and administration of
10	this chapter on account of the federal classification of marijuana as a schedule I substance or any
11	other federal prohibitions or restrictions.
12	(5) Information produced by a national criminal records check pertaining to a conviction
13	for any felony offense under chapter 28 of this title 21 ("Rhode Island Controlled Substances Act");
14	murder; manslaughter; rape; first-degree sexual assault; second-degree sexual assault; first-degree
15	child molestation; second-degree child molestation; kidnapping; first-degree arson; second-degree
16	arson; mayhem; robbery; burglary; breaking and entering; assault with a dangerous weapon; assault
17	or battery involving grave bodily injury; and/or assault with intent to commit any offense
18	punishable as a felony or a similar offense from any other jurisdiction shall result in a letter to the
19	applicant and the department of health or department of business regulation, as applicable,
20	disqualifying the applicant. If disqualifying information has been found, the department of health
21	or department of business regulation, as applicable may use its discretion to issue a primary
22	caregiver registry identification card or an authorized purchaser registry identification card if the
23	applicant's connected patient is an immediate family member and the card is restricted to that
24	patient only. Any disqualification or denial of registration hereunder shall be subject to the
25	provisions of § 28-5.1-14 of the general laws.
26	(6) The primary caregiver or authorized purchaser applicant shall be responsible for any
27	expense associated with the national criminal records check.
28	(7) For purposes of this section, "conviction" means, in addition to judgments of conviction
29	entered by a court subsequent to a finding of guilty or a plea of guilty, those instances where the
30	defendant has entered a plea of nolo contendere and has received a sentence of probation and those
31	instances where a defendant has entered into a deferred sentence agreement with the attorney
32	general.
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1	(8) The office of cannabis regulation may adopt rules and regulations based on federal
2	guidance provided those rules and regulations are designed to comply with federal guidance and
3	mitigate federal enforcement against the registrations and licenses issued under this chapter.
4	(h) (1) On or before December 31, 2016, the department of health shall issue registry
5	identification cards within five (5) business days of approving an application or renewal that shall
6	expire two (2) years after the date of issuance.
7