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2022 -- H 7123 SUBSTITUTE A AS AMENDED

LC004149/SUB A

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S T A T E O F R H O D E I S L A N D

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022



A N A C T


MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR THE FISCAL YEAR ENDING JUNE 30, 2023


Introduced By: Representative Marvin L. Abney

Date Introduced: January 20, 2022

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 2023

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 CAPITAL DEVELOPMENT PROGRAM

6

ARTICLE 6

RELATING TO TAXES AND REVENUES

7

ARTICLE 7

RELATING TO MAKING REVISED APPROPRIATIONS IN SUPPORT OF

8


FY 2022

9

ARTICLE 8

RELATING TO LEASE AGREEMENTS FOR LEASED OFFICE AND

10


OPERATING SPACE

11

ARTICLE 9

RELATING TO ECONOMIC DEVELOPMENT

12

ARTICLE 10

RELATING TO EDUCATION

13

ARTICLE 11

RELATING TO COURTS AND STATE HOSPITALS

14

ARTICLE 12

RELATING TO MEDICAL ASSISTANCE

15

ARTICLE 13

RELATING TO HUMAN SERVICES

16

ARTICLE 14

RELATING TO EFFECTIVE DATE


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art.001/7/001/6/001/5/001/4/001/3/001/2/001/1

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  1. ARTICLE 1 AS AMENDED


  2. RELATING TO MAKING APPROPRIATIONS IN SUPPORT OF FY 2023



  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, 2023.


  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


  8. and functions hereinafter mentioned, the state controller is hereby authorized and directed to draw


  9. his or her orders upon the general treasurer for the payment of such sums or such portions thereof


  10. as 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 4,896,389


  14. Provided that $2,000,000 shall be allocated to support a state workforce compensation and


  15. classification study, of which all unexpended or unencumbered balances, at the end of the fiscal


  16. year, shall be reappropriated to the ensuing fiscal year and made immediately available for the same


  17. purposes.


  18. Federal Funds 108,998,500


  19. Federal Funds - State Fiscal Recovery Fund


  20. Nonprofit Assistance 20,000,000


  21. Public Health Response Warehouse Support 2,000,000


  22. Health Care Facilities 77,500,000


  23. Ongoing COVID-19 Response 73,000,000


  24. Total - Central Management 286,394,889


  25. Legal Services


  26. General Revenues 2,374,193


  27. Accounts and Control


  28. General Revenues 5,211,103


  29. Federal Funds


  30. Federal Funds - Capital Projects Fund

1 CPF Administration

349,497

2 Federal Funds - State Fiscal Recovery Fund


3 Pandemic Recovery Office

4,948,839

4 Restricted Receipts - OPEB Board Administration

137,905

5 Restricted Receipts - Grants Management Administration

2,130,371

6 Total - Accounts and Control

12,777,715

7 Office of Management and Budget


8 General Revenues

8,354,324

9 Federal Funds

101,250

10 Restricted Receipts

300,000

11 Other Funds

1,228,111

12 Total - Office of Management and Budget

9,983,685

13 Purchasing


14 General Revenues

3,830,668

15 Restricted Receipts

381,474

16 Other Funds

550,989

17 Total - Purchasing

4,763,131

18 Human Resources


19 General Revenues

755,922

20 Personnel Appeal Board


21 General Revenues

143,059

22 Information Technology


23 General Revenues

721,340

24 Restricted Receipts

54,589,160


25 Provided that of the total available in the Information Technology Investment Fund as of


26 July 1, 2022, $22.4 million shall be made available for the development and implementation of an


  1. electronic medical records system for the state hospitals, $19.4 million for the replacement and


  2. modernization of the legacy department of labor and training mainframe system, $6.7 million for


  3. RIBridges Mobile and Childcare Tracking, $2.5 million for Blockchain Digital Identity, $2.2


  4. million to support implementation of the Enterprise Resource Planning System, $5.8 million for


  5. the department of environmental management’s online permit and licensing systems for fish and


  6. wildlife, commercial fishing, and boating registrations, $3.3 million for Wi-Fi and Technology at


  7. the Adult Correctional Institutions, and $2.3 million for the tax modernization system.


  8. Total - Information Technology 55,310,500

    1 Library and Information Services


    2 General Revenues

    1,796,514

    3 Federal Funds

    2,088,205

    4 Restricted Receipts

    6,990

    5 Total - Library and Information Services

    3,891,709

    6 Planning


    7 General Revenues

    840,855

    8 Federal Funds

    3,050

    9 Other Funds


    10 Air Quality Modeling

    24,000

    11 Federal Highway - PL Systems Planning

    3,813,016

    12 State Transportation Planning Match

    592,033

    13 FTA - Metro Planning Grant

    1,340,126

    14 Total - Planning

    6,613,080

    15 General


    16 General Revenues


    17 Miscellaneous Grants/Payments

    130,000


    18 Provided that this amount be allocated to City Year for the Whole School Whole Child


    19 Program, which provides individualized support to at-risk students.


    20 Torts - Courts/Awards

    675,000

    21 Resource Sharing and State Library Aid

    10,991,049

    22 Library Construction Aid

    1,859,673

    23 Historic Tax Credits

    28,000,000

    24 RICAP Transfer

    15,000,000

    25 Federal Funds


    26 Federal Funds - State Fiscal Recovery Fund


    27 Aid to the Convention Center

    5,000,000

    28 Federal Funds - Capital Projects Fund


    29 Municipal and Higher Ed Matching Grant Program

    23,360,095

    30 RIC Student Services Center

    5,000,000

    31 Restricted Receipts

    700,000

    32 Other Funds


    33 Rhode Island Capital Plan Funds


    34 Security Measures State Buildings

    500,000

    1 Energy Efficiency Improvements

    1,250,000

    2 Cranston Street Armory

    750,000

    3 State House Renovations

    2,083,000

    4 Zambarano Buildings and Campus

    6,070,000

    5 Replacement of Fueling Tanks

    680,000

    6 Environmental Compliance

    400,000

    7 Big River Management Area

    427,000

    8 Shepard Building Upgrades

    1,500,000

    9 RI Convention Center Authority

    7,350,000

    10 Accessibility - Facility Renovations

    1,000,000

    11 DoIT Enterprise Operations Center

    3,300,000

    12 BHDDH MH & Community Facilities - Asset Protection

    750,000

    13 BHDDH DD & Community Homes - Fire Code

    325,000

    14 BHDDH DD Regional Facilities - Asset Protection

    1,700,000

    15 BHDDH Substance Abuse Asset Protection

    500,000

    16 BHDDH Group Homes

    1,250,000

    17 Statewide Facility Master Plan

    1,700,000

    18 Cannon Building

    1,150,000

    19 Old State House

    100,000

    20 State Office Building

    100,000

    21 State Office Reorganization & Relocation

    250,000

    22 William Powers Building

    2,700,000

    23 Pastore Center Non-Hospital Buildings Asset Protection

    6,250,000

    24 Washington County Government Center

    500,000

    25 Chapin Health Laboratory

    500,000

    26 560 Jefferson Blvd Asset Protection

    150,000

    27 Arrigan Center

    825,000

    28 Dunkin Donuts Center

    8,150,000

    29 Pastore Center Building Demolition

    1,000,000

    30 Veterans Auditorium

    765,000

    31 Pastore Center Hospital Buildings Asset Protection

    500,000

    32 Pastore Campus Infrastructure

    11,050,000

    33 Community Facilities Asset Protection

    450,000

    34 Zambarano LTAC Hospital

    1,177,542

    1 Medical Examiners New Facility

    4,500,000

    2 Total - General

    162,368,359

    3 Debt Service Payments


    4 General Revenues

    153,991,095

    5 Out of the general revenue appropriations

    for debt service, the General Treasurer is


    1. authorized to make payments for the I-195 Redevelopment District Commission loan up to the


    2. maximum debt service due in accordance with the loan agreement.


    3. Other Funds


9 Transportation Debt Service

40,548,738

10 Investment Receipts - Bond Funds

100,000

11 Total - Debt Service Payments

194,639,833

12 Energy Resources


13 Federal Funds


14 Federal Funds

981,791

15 Federal Funds - State Fiscal Recovery Fund


16 Electric Heat Pump Grant Program

5,000,000

17 Restricted Receipts

14,779,659

18 Total - Energy Resources

20,761,450

19 Rhode Island Health Benefits Exchange


20 General Revenues

4,077,880

21 Federal Funds


22 Federal Funds

12,392,493

23 Federal Funds - State Fiscal Recovery Fund


24 Auto-Enrollment Program

1,288,710

25 Restricted Receipts

15,010,294

26 Total - Rhode Island Health Benefits Exchange

32,769,377

27 Office of Diversity, Equity & Opportunity


28 General Revenues

1,508,606

29 Other Funds

119,807

30 Total - Office of Diversity, Equity & Opportunity

1,628,413

31 Capital Asset Management and Maintenance


32 General Revenues

9,810,315

33 Statewide Personnel and Operations


34 General Revenues


1 FEMA Contingency Reserve

15,000,000

2 General Officer Transition Costs

350,000

3 Total - Statewide Personnel and Operations

15,350,000

4 Grand Total - Administration

820,335,630

5 Business Regulation


6 Central Management


7 General Revenues

3,801,190

8 Banking Regulation


9 General Revenues

1,942,687

10 Restricted Receipts

63,000

11 Total - Banking Regulation

2,005,687

12 Securities Regulation


13 General Revenues

863,630

14 Restricted Receipts

15,000

15 Total - Securities Regulation

878,630

16 Insurance Regulation


17 General Revenues

4,419,316

18 Restricted Receipts

2,041,662

19 Total - Insurance Regulation

6,460,978

20 Office of the Health Insurance Commissioner


21 General Revenues

3,777,735


  1. Provided that $1,500,000 is used to conduct a comprehensive analysis of all state licensed


  2. and contracted social and human service providers, to include review of rates, eligibility, utilization,


  3. and accountability standards pursuant to Rhode Island General Law, Section 42-14.5-3(t).


    25 Federal Funds

    372,887

    26 Restricted Receipts

    532,817

    27 Total - Office of the Health Insurance Commissioner

    4,683,439

    28 Board of Accountancy


    29 General Revenues

    5,490

    30 Commercial Licensing and Gaming and Athletics Licensing


    31 General Revenues

    1,167,550

    32 Restricted Receipts

    914,932

    33 Total - Commercial Licensing and Gaming and Athletics Licensing

    2,082,482

    34 Building, Design and Fire Professionals


    1 General Revenues

    8,852,699

    2 Federal Funds

    318,300

    3 Restricted Receipts

    2,200,455

    4 Other Funds


    5 Quonset Development Corporation

    69,727

    6 Rhode Island Capital Plan Funds


    7 Fire Academy Expansion

    675,000

    8 Total - Building, Design and Fire Professionals

    12,116,181

    9 Office of Cannabis Regulation


    10 General Revenues

    1,440,464

    11 Restricted Receipts

    5,021,772

    12 Total - Office of Cannabis Regulation

    6,462,236

    13 Grand Total - Business Regulation

    38,496,313

    14 Executive Office of Commerce


    15 Central Management


    16 General Revenues

    2,356,175

    17 Housing and Community Development


    18 General Revenues

    1,522,293

    19 Federal Funds


    20 Federal Funds

    16,124,699

    21 Federal Funds - State Fiscal Recovery Fund


    22 OHCD Predevelopment and Capacity Fund

    500,000

    23 Development of Affordable Housing

    30,000,000

    24 Homelessness Assistance Program

    7,000,000

    25 Site Acquisition

    3,000,000

    26 Down Payment Assistance

    10,000,000

    27 Workforce Housing

    12,000,000

    28 Affordable Housing Predevelopment Program

    2,500,000

    29 Home Repair and Community Revitalization

    15,000,000

    30 Statewide Housing Plan

    2,000,000

    31 Homelessness Infrastructure

    15,000,000

    32 Restricted Receipts

    7,664,150

    33 Total - Housing and Community Development

    122,311,142

    34 Quasi-Public Appropriations


    1 General Revenues


    2 Rhode Island Commerce Corporation

    7,947,778

    3 Airport Impact Aid

    1,010,036


    1. Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be


    2. distributed to each airport serving more than 1,000,000 passengers based upon its percentage of the


    3. total passengers served by all airports serving more than 1,000,000 passengers. Forty percent (40%)


    4. of the first $1,000,000 shall be distributed based on the share of landings during calendar year 2022


    5. at North Central Airport, Newport-Middletown Airport, Block Island Airport, Quonset Airport,


    6. T.F. Green Airport and Westerly Airport, respectively. The Rhode Island Commerce Corporation


    7. shall make an impact payment to the towns or cities in which the airport is located based on this


    8. calculation. Each community upon which any part of the above airports is located shall receive at


12

least $25,000.


13 STAC Research Alliance


900,000

14 Innovative Matching Grants/Internships

1,000,000

15 I-195 Redevelopment District Commission

961,000

16 Polaris Manufacturing Grant

450,000

17 East Providence Waterfront Commission

50,000

18 Urban Ventures

140,000

19 Chafee Center at Bryant

476,200

20 Municipal Infrastructure Grant Program

2,500,000

21 OSCAR Program – Infrastructure Bank

4,000,000

22 Federal Funds - State Fiscal Recovery Fund


23 Port of Davisville

6,000,000

24 Other Funds


25 Rhode Island Capital Plan Funds


26 I-195 Redevelopment District Commission

805,000

27 Total - Quasi-Public Appropriations

26,240,014

28 Economic Development Initiatives Fund


29 General Revenues


30 Innovation Initiative

1,000,000

31 Rebuild RI Tax Credit Fund

13,500,000

32 Small Business Promotion

300,000

33 Small Business Assistance

650,000

34 Federal Funds


1 Federal Funds

20,000,000

2 Federal Funds - State Fiscal Recovery Fund


3 Destination Marketing

1,500,000

4 Total - Economic Development Initiatives Fund

36,950,000

5 Commerce Programs


6 General Revenues


7 Wavemaker Fellowship

3,200,000

8 Air Service Development Fund

2,250,000

9 Main Streets Revitalization

5,000,000

10 Federal Funds - State Fiscal Recovery Fund


11 Minority Business Accelerator

2,000,000

12 Blue Economy Investments

10,000,000

13 Bioscience Investments

5,000,000

14 South Quay Marine Terminal

12,000,000

15 Federal Funds - Capital Projects Fund


16 Broadband

15,383,000

17 Total - Commerce Programs

54,833,000

18 Grand Total - Executive Office of Commerce

242,690,331

19 Labor and Training


20 Central Management


21 General Revenues

1,065,747

22 Restricted Receipts

379,215

23 Total - Central Management

1,444,962

24 Workforce Development Services


25 General Revenues

1,103,105

26 Federal Funds

19,464,609

27 Other Funds

8,026

28 Total - Workforce Development Services

20,575,740

29 Workforce Regulation and Safety


30 General Revenues

4,240,619

31 Income Support


32 General Revenues

3,949,058

33 Federal Funds


34 Federal Funds

57,711,996

  1. Federal Funds - State Fiscal Recovery Fund


  2. Unemployment Insurance Trust Fund Contribution 100,000,000


  3. Restricted Receipts 2,076,599


  4. Other Funds


  5. Temporary Disability Insurance Fund 215,049,696


  6. Employment Security Fund 177,075,000


  7. Total - Income Support 555,862,349


  8. Injured Workers Services


  9. Restricted Receipts 11,403,127


  10. Labor Relations Board


  11. General Revenues 452,822


  12. Governor’s Workforce Board


  13. General Revenues 12,031,000


  14. Provided that $600,000 of these funds shall be used for enhanced training for direct care


  15. and support services staff to improve resident quality of care and address the changing health care


  16. needs of nursing facility residents due to higher acuity and increased cognitive impairments


  17. pursuant to Rhode Island General Laws, Section 23-17.5-36.


  18. Federal Funds - State Fiscal Recovery Fund


  19. Enhanced Real Jobs 10,000,000


  20. Restricted Receipts 18,443,377


  21. Total - Governor’s Workforce Board 40,474,377


  22. Grand Total - Labor and Training 634,453,996


  23. Department of Revenue


  24. Director of Revenue


  25. General Revenues 2,257,475


  26. Office of Revenue Analysis


  27. General Revenues 970,638


  28. Lottery Division


29 Other Funds 435,992,155


  1. Rhode Island Capital Plan Funds


  2. Lottery Building Enhancements 850,000


  3. Total - Lottery Division 436,842,155


  4. Municipal Finance


  5. General Revenues 1,738,044

1 Federal Funds

131,957,594

2 Total - Municipal Finance

133,695,638

3 Taxation


4 General Revenues

34,793,050

5 Restricted Receipts

2,156,890

6 Other Funds


7 Motor Fuel Tax Evasion

155,000

8 Total - Taxation

37,104,940

9 Registry of Motor Vehicles


10 General Revenues

39,062,598


  1. Provided that all unexpended or unencumbered balances as of June 30, 2023 relating to


  2. license plate reissuance are hereby reappropriated to the following fiscal year.


  3. Federal Funds 220,000


  4. Restricted Receipts 3,494,403


15 Total - Registry of Motor Vehicles

42,777,001

16 State Aid


17 General Revenues


18 Distressed Communities Relief Fund

12,384,458

19 Payment in Lieu of Tax Exempt Properties

48,433,591

20 Motor Vehicle Excise Tax Payments

230,954,881

21 Property Revaluation Program

414,947

22 Restricted Receipts

995,120

23 Total - State Aid

293,182,997

24 Collections


25 General Revenues

887,668

26 Grand Total - Revenue

947,718,512

27 Legislature


28 General Revenues

48,542,952

29 Restricted Receipts

1,919,241

30 Grand Total - Legislature

50,462,193

31 Lieutenant Governor


32 General Revenues

1,353,568

33 Secretary of State


34 Administration


1 General Revenues

4,049,383

2 Corporations


3 General Revenues

2,687,784

4 State Archives


5 General Revenues

178,651

6 Restricted Receipts

520,197

7 Total - State Archives

698,848

8 Elections and Civics


9 General Revenues

3,439,462

10 Federal Funds

1,621,565

11 Total - Elections and Civics

5,061,027

12 State Library


13 General Revenues

825,475

14 Provided that $125,000 be

allocated to support the Rhode Island Historical Society


15 pursuant to Rhode Island General Law, Section 29-2-1 and $18,000 be allocated to support the


16 Newport Historical Society, pursuant to Rhode Island General Law, Section 29-2-2.


17 Office of Public Information


18 General Revenues

686,260

19 Receipted Receipts

25,000

20 Total - Office of Public Information

711,260

21 Grand Total - Secretary of State

14,033,777

22 General Treasurer


23 Treasury


24 General Revenues

2,709,016

25 Federal Funds

350,752

26 Other Funds


27 Temporary Disability Insurance Fund

289,491

28 Tuition Savings Program - Administration

404,401

29 Total -Treasury

3,753,660

30 State Retirement System


31 Restricted Receipts


32 Admin Expenses - State Retirement System

12,382,831

33 Retirement - Treasury Investment Operations

2,000,963

34 Defined Contribution - Administration

314,124

1 Total - State Retirement System

14,697,918

2 Unclaimed Property


3 Restricted Receipts

2,570,182

4 Crime Victim Compensation Program


5 General Revenues

849,616

6 Federal Funds

422,493

7 Restricted Receipts

555,000

8 Total - Crime Victim Compensation Program

1,827,109

9 Grand Total - General Treasurer

22,848,869

10 Board of Elections


11 General Revenues

6,249,463

12 Rhode Island Ethics Commission


13 General Revenues

2,035,145

14 Office of Governor


15 General Revenues


16 General Revenues

7,002,280

17 Contingency Fund

150,000

18 Grand Total - Office of Governor

7,152,280

19 Commission for Human Rights


20 General Revenues

1,744,334

21 Federal Funds

408,411

22 Grand Total - Commission for Human Rights

2,152,745

23 Public Utilities Commission


24 Federal Funds

582,689

25 Restricted Receipts

12,987,076

26 Grand Total - Public Utilities Commission

13,569,765

27 Office of Health and Human Services


28 Central Management


29 General Revenues

49,502,266


  1. Provided that $250,000 shall be for the children’s cabinet, established under Rhode Island


  2. General Law, Chapter 42-72.5, to assist with the planning for an early childhood governance


  3. structure of and for the transition of established early childhood programs to such an office.


  4. Federal Funds


  5. Federal Funds 167,520,158

  1. Federal Funds - State Fiscal Recovery Fund


  2. Butler Hospital Short Term Stay Unit 8,000,000


  3. Pediatric Recovery 7,500,000


  4. Early Intervention Recovery 5,500,000


  5. Certified Community Behavioral Health Clinics 30,000,000


  6. Restricted Receipts 56,342,012


  7. Total - Central Management 324,364,436


  8. Medical Assistance


  9. General Revenues


  10. Managed Care 407,943,888


11 Hospitals 86,155,276


  1. Of the general revenue funding, $2.5 million shall be provided for Graduate Medical


  2. Education programs of which $1.0 million is for hospitals designated as a Level I Trauma Center,


  3. $1.0 million is for hospitals providing Neonatal Intensive Care Unit level of care and $0.5 million


  4. is for the new residential training program at Landmark Hospital.


  5. Nursing Facilities 137,967,876


  6. Home and Community Based Services 61,054,127


  7. Other Services 145,886,477


19 Pharmacy 87,283,555


  1. Rhody Health 221,113,381


  2. Federal Funds


  3. Managed Care 552,913,884


23 Hospitals 128,123,193


  1. Nursing Facilities 173,656,008


  2. Home and Community Based Services 76,711,843


  3. Other Services 865,746,927


  4. Pharmacy 116,445


  5. Rhody Health 275,851,622


  6. Other Programs 44,798,580


  7. Restricted Receipts 24,750,000


  8. Total - Medical Assistance 3,290,073,082


  9. Grand Total - Office of Health and Human Services 3,614,437,518


  10. Children, Youth and Families


  11. Central Management

  1. General Revenues 14,033,990


  2. The director of the department of children, youth and families shall provide to the speaker


  3. of the house and president of the senate at least every sixty (60) days beginning September 1, 2021,


  4. a report on its progress implementing the accreditation plan filed in accordance with Rhode Island


  5. General Law, Section 42-72-5.3 and any projected changes needed to effectuate that plan. The


  6. report shall, at minimum, provide data regarding recruitment and retention efforts including


  7. attaining and maintaining a diverse workforce, documentation of newly filled and vacated


  8. positions, and progress towards reducing worker caseloads.


  9. Federal Funds


  10. Federal Funds 5,222,426


  11. Federal Funds - State Fiscal Recovery Fund


  12. Foster Home Lead Abatement & Fire Safety 1,500,000


  13. Provider Workforce Stabilization 2,500,000


  14. Other Funds


  15. Rhode Island Capital Plan Funds


  16. DCYF Headquarters 250,000


  17. DCYF Transitional Housing 500,000


  18. Total - Central Management 24,006,416


  19. Children's Behavioral Health Services


  20. General Revenues 8,684,693


  21. Federal Funds


  22. Federal Funds 9,445,069


  23. Federal Funds - State Fiscal Recovery Fund


  24. Psychiatric Residential Treatment Facility 12,000,000


  25. Total - Children's Behavioral Health Services 30,129,762


  26. Juvenile Correctional Services


  27. General Revenues 22,098,188


  28. Federal Funds 416,972


  29. Restricted Receipts 317,386


  30. Other Funds


  31. Rhode Island Capital Plan Funds


  32. Training School Asset Protection 250,000


  33. Total - Juvenile Correctional Services 23,082,546


  34. Child Welfare

  1. General Revenues 161,584,128


  2. Federal Funds 74,035,823


  3. Restricted Receipts 1,467,772


  4. Total - Child Welfare 237,087,723


  5. Higher Education Incentive Grants


  6. General Revenues 200,000


  7. Grand Total - Children, Youth and Families 314,506,447


  8. Health


  9. Central Management


  10. General Revenues 2,965,099


  11. Federal Funds 4,322,005


  12. Restricted Receipts 26,202,867


  13. Provided that the disbursement of any indirect cost recoveries on federal grants budgeted


  14. in this line item that are derived from grants authorized under The Coronavirus Preparedness and


  15. Response Supplemental Appropriations Act (P.L. 116-123); The Families First Coronavirus


  16. Response Act (P.L. 116-127); The Coronavirus Aid, Relief, and Economic Security Act (P.L. 116-


  17. 136); The Paycheck Protection Program and Health Care Enhancement Act (P.L. 116-139); the


  18. Consolidated Appropriations Act, 2021 (P.L. 116-260); and the American Rescue Plan Act of 2021


  19. (P.L. 117-2), are hereby subject to the review and prior approval of the Director of Management


  20. and Budget. No obligation or expenditure of these funds shall take place without such approval.


  21. Total - Central Management 33,489,971


  22. Community Health and Equity


  23. General Revenues 1,588,431


  24. Federal Funds


  25. Federal Funds 81,169,548


  26. Federal Funds – State Fiscal Recovery Fund


  27. Public Health Clinics 4,000,000


  28. Restricted Receipts 41,511,977


  29. Total - Community Health and Equity 128,269,956


  30. Environmental Health


  31. General Revenues 6,088,320


  32. Federal Funds 8,549,060


  33. Restricted Receipts 967,543


  34. Total - Environmental Health 15,604,923

1 Health Laboratories and Medical Examiner


2 General Revenues

10,980,589

3 Federal Funds

2,756,028

4 Other Funds


5 Rhode Island Capital Plan Funds


6 Health Laboratories & Medical Examiner Equipment

400,000

7 Total - Health Laboratories and Medical Examiner

14,136,617

8 Customer Services


9 General Revenues

8,198,687

10 Federal Funds

6,369,584

11 Restricted Receipts

4,024,890

12 Total - Customer Services

18,593,161

13 Policy, Information and Communications


14 General Revenues

958,580

15 Federal Funds

2,876,367

16 Restricted Receipts

1,266,247

17 Total - Policy, Information and Communications

5,101,194

18 Preparedness, Response, Infectious Disease & Emergency Services


19 General Revenues

2,092,672

20 Federal Funds

24,921,020

21 Total - Preparedness, Response, Infectious Disease & Emergency Services

27,013,692

22 COVID-19


23 Federal Funds

131,144,016

24 Grand Total - Health

373,353,530

25 Human Services


26 Central Management


27 General Revenues

7,586,208


  1. Of this amount, $400,000 is to support the Domestic Violence Prevention Fund to provide


  2. direct services through the Coalition Against Domestic Violence, $350,000 to support Project


  3. Reach activities provided by the RI Alliance of Boys and Girls Clubs, $267,000 is for outreach and


  4. supportive services through Day One, $450,000 is for food collection and distribution through the


  5. Rhode Island Community Food Bank, $500,000 for services provided to the homeless at Crossroads


  6. Rhode Island, $600,000 for the Community Action Fund, $250,000 is for the Institute for the Study


  7. and Practice of Nonviolence’s Reduction Strategy, $50,000 is to support services provided to the

  1. immigrant and refugee population through Higher Ground International, and $50,000 is for services


  2. provided to refugees through the Refugee Dream Center. An additional $750,000 is for enhanced


  3. support to the RI Alliance of Boys and Girls Clubs to assist students with academic, mental health,


  4. and workforce readiness needs, and $1,400,000 is for the Community Action Fund for support to


  5. individuals and families affected by the pandemic.


  6. The director of the department of human services shall provide to the speaker of the house,


  7. president of the senate, and chairs of the house and senate finance committees at least every sixty


  8. (60) days beginning August 1, 2022, a report on its progress in recruiting and retaining customer


  9. serving staff. The report shall include: documentation of newly filled and vacated positions,


  10. including lateral transfers, position titles, civil service information, including numbers of eligible


  11. and available candidates, plans for future testing and numbers of eligible and available candidates


  12. resulting from such testing, impacts on caseload backlogs and call center wait times, as well as


13 other pertinent information as determined by the director.


14 Federal Funds

5,425,851

15 Restricted Receipts

300,000

16 Total - Central Management

13,312,059

17 Child Support Enforcement


18 General Revenues

3,678,142

19 Federal Funds

8,773,784

20 Restricted Receipts

3,575,448

21 Total - Child Support Enforcement

16,027,374

22 Individual and Family Support


23 General Revenues

46,264,236

24 Federal Funds


25 Federal Funds

123,929,840

26 Federal Funds - State Fiscal Recovery Fund


27 Child Care Support

21,283,000

28 Restricted Receipts

250,255

29 Other Funds


30 Rhode Island Capital Plan Funds


31 Blind Vending Facilities

165,000

32 Total - Individual and Family Support

191,892,331

33 Office of Veterans Services


34 General Revenues

32,402,204

1 Of this amount, $200,000 is to provide support services through Veterans’ organizations.


2 Federal Funds

12,647,664

3 Restricted Receipts

759,968

4 Other Funds


5 Rhode Island Capital Plan Funds


6 Veterans Home Asset Protection

400,000

7 Veterans Memorial Cemetery Asset Protection

200,000

8 Total - Office of Veterans Services

46,409,836

9 Health Care Eligibility


10 General Revenues

9,969,089

11 Federal Funds

16,052,510

12 Total - Health Care Eligibility

26,021,599

13 Supplemental Security Income Program


14 General Revenues

17,886,000

15 Rhode Island Works


16 General Revenues

8,681,937

17 Federal Funds

94,595,896

18 Total - Rhode Island Works

103,277,833

19 Other Programs


20 General Revenues


21 General Revenues

1,347,120


  1. Of this appropriation, $90,000 shall be used for hardship contingency payments.


  2. Retail SNAP Incentives Pilot Program 11,500,000


  3. Federal Funds 435,426,342


  4. Restricted Receipts 8,000


  5. Total - Other Programs 448,281,462


  6. Office of Healthy Aging


  7. General Revenues 12,996,855


  8. Of this amount, $325,000 is to provide elder services, including respite, through the


  9. Diocese of Providence, $40,000 is for ombudsman services provided by the Alliance for Long Term


  10. Care in accordance with Rhode Island General Laws, Chapter 42-66.7, $85,000 is for security for


  11. housing for the elderly in accordance with Rhode Island General Law, Section 42-66.1-3, and


  12. $1,000,000 is for Senior Services Support and $580,000 is for elderly nutrition, of which $530,000


  13. is for Meals on Wheels.

1 Federal Funds

21,375,702

2 Restricted Receipts

61,000

3 Other Funds


4 Intermodal Surface Transportation Fund

4,593,213

5 Total - Office of Healthy Aging

39,026,770

6 Grand Total - Human Services

902,135,264

7 Behavioral Healthcare, Developmental Disabilities and Hospitals


8 Central Management


9 General Revenues

4,900,015

10 Federal Funds

609,732

11 Total - Central Management

5,509,747

12 Hospital and Community System Support


13 General Revenues

2,791,946

14 Federal Funds

796,646

15 Restricted Receipts

261,029

16 Total - Hospital and Community System Support

3,849,621

17 Services for the Developmentally Disabled


18 General Revenues

173,368,833


  1. Provided that of this general revenue funding, $15,170,870 shall be expended on certain


  2. community-based department of behavioral healthcare, developmental disabilities and hospitals


  3. (BHDDH) developmental disability private provider and self-directed consumer direct care service


  4. worker raises and associated payroll cost as authorized by BHDDH. Any increases for direct


  5. support staff and residential or other community-based setting must first receive the approval of


  6. BHDDH.


  7. Provided further that of this general revenue funding, $4,748,600 shall be expended on a


  8. Transformation Fund to be used for integrated day activities and supported employment services


  9. for individuals with intellectual and developmental disabilities, of which $2,000,000 shall be


  10. expended specifically on those who self-direct for creation of regional service advisement models


  11. and pool of substitute staff. An additional $458,100 shall be expended on technology acquisition


  12. for individuals within the developmental disabilities system. An additional $42,100 shall be


  13. expended on technical assistance for the aforementioned technology acquisition. An additional


  14. $450,000 shall be expended on creating a statewide workforce initiative focused on recruiting,


  15. creating pipelines, and credentialing. For these two designations of general revenue funding, all


  16. unexpended or unencumbered balances at the end of the fiscal year shall be reappropriated to the

  1. ensuing fiscal year and made immediately available for the same purpose.


  2. Federal Funds 208,693,092


  3. Provided that of this federal funding, $19,105,835 shall be expended on certain


  4. community-based department of behavioral healthcare, developmental disabilities and hospitals


  5. (BHDDH) developmental disability private provider and self-directed consumer direct care service


  6. worker raises and associated payroll cost as authorized by BHDDH. Any increases for direct


  7. support staff and residential or other community-based setting must first receive the approval of


  8. BHDDH.


  9. Provided further that of this federal funding, $4,748,600 shall be expended on a


  10. Transformation Fund to be used for integrated day activities and supported employment services


  11. for individuals with intellectual and developmental disabilities, of which $2,000,000 shall be


  12. expended specifically on those who self-direct for creation of regional service advisement models


  13. and pool of substitute staff. An additional $458,100 shall be expended on technology acquisition


  14. for individuals within the developmental disabilities system. An additional $42,100 shall be


  15. expended on technical assistance for the aforementioned technology acquisition. An additional


  16. $450,000 shall be expended on creating a statewide workforce initiative focused on recruiting,


  17. creating pipelines, and credentialing. For these two designations of federal funding, all unexpended


  18. or unencumbered balances at the end of the fiscal year shall be reappropriated to the ensuing fiscal


  19. year and made immediately available for the same purpose.


  20. Restricted Receipts 1,275,700


  21. Other Funds


  22. Rhode Island Capital Plan Funds


  23. DD Residential Support 100,000


  24. Total - Services for the Developmentally Disabled 383,437,625


  25. Behavioral Healthcare Services


  26. General Revenues 2,969,495


  27. Federal Funds 45,702,498


  28. Provided that $250,000 from Social Services Block Grant funds is awarded to The


  29. Providence Center to coordinate with Oasis Wellness and Recovery for its support and services


  30. program offered to individuals with behavioral health issues.


  31. Federal Funds - State Fiscal Recovery Fund


  32. Crisis Intervention Trainings 550,000


33 9-8-8 Hotline 1,875,000


34 Restricted Receipts 3,640,116

  1. Provided that $500,000 from the Opioid Stewardship Fund is distributed equally to the


  2. seven Regional Substance Abuse Prevention Task Forces to fund priorities determined by each


  3. Task Force.


  4. Total - Behavioral Healthcare Services 54,737,109


  5. Hospital and Community Rehabilitative Services


  6. General Revenues 88,307,069


  7. Federal Funds 30,232,988


  8. Restricted Receipts 25,000


  9. Other Funds


  10. Rhode Island Capital Plan Funds


  11. Hospital Equipment 300,000


  12. Total - Hospital and Community Rehabilitative Services 118,865,057


  13. State of RI Psychiatric Hospital


  14. General Revenue 30,662,874


  15. Grand Total - Behavioral Healthcare,


  16. Developmental Disabilities and Hospitals 597,062,033


  17. Office of the Child Advocate


  18. General Revenues 1,494,065


  19. The Department of Administration shall hold a public hearing, in accordance with Rhode


  20. Island General Law, Sections 36-4-16 and 36-4-16.2, by September 1, 2022 to consider revisions


  21. to the Office’s unclassified service classification and pay plan consistent with the additional


  22. appropriation provided.


  23. Commission on the Deaf and Hard of Hearing


  24. General Revenues 716,876


  25. Restricted Receipts 100,000


  26. Grand Total - Comm. On Deaf and Hard-of-Hearing 816,876


  27. Governor’s Commission on Disabilities


  28. General Revenues


  29. General Revenues 766,858


  30. Livable Home Modification Grant Program 985,743


  31. Provided that this will be used for home modification and accessibility enhancements to


  32. construct, retrofit, and/or renovate residences to allow individuals to remain in community settings.


  33. This will be in consultation with the Executive Office of Health and Human Services. All


  34. unexpended or unencumbered balances, at the end of the fiscal year, shall be reappropriated to the

1 ensuing fiscal year, and made immediately available for the same purpose.


2 Federal Funds

378,658

3 Restricted Receipts

84,235

4 Grand Total - Governor’s Commission on Disabilities

2,215,494

5 Office of the Mental Health Advocate


6 General Revenues

973,329

7 Elementary and Secondary Education


8 Administration of the Comprehensive Education Strategy


9 General Revenues

26,401,820


  1. Provided that $90,000 be allocated to support the hospital school at Hasbro Children’s


  2. Hospital pursuant to Rhode Island General Law, Section 16-7-20 and that $395,000 be allocated to


  3. support child opportunity zones through agreements with the Department of Elementary and


  4. Secondary Education to strengthen education, health and social services for students and their


  5. families as a strategy to accelerate student achievement.


  6. Federal Funds


  7. Federal Funds 291,417,789


  8. Provided that $684,000 from the Department’s administrative share of Individuals with


  9. Disabilities Education Act funds be allocated to the Paul V. Sherlock Center on Disabilities to


  10. support the Rhode Island Vision Education and Services Program.


20 Federal Funds - State Fiscal Recovery Fund


21 Adult Education Investment

2,000,000

22 Restricted Receipts


23 Restricted Receipts

2,271,670

24 HRIC Adult Education Grants

3,500,000

25 Total - Admin. of the Comprehensive Ed. Strategy

325,591,279

26 Davies Career and Technical School


27 General Revenues

14,774,827

28 Federal Funds

1,872,920

29 Restricted Receipts

4,525,049

30 Other Funds


31 Rhode Island Capital Plan Funds


32 Davies School HVAC

1,150,000

33 Davies School Asset Protection

500,000

34 Davies School Healthcare Classroom Renovations

6,500,000

1 Total - Davies Career and Technical School

29,322,796

2 RI School for the Deaf


3 General Revenues

7,940,337

4 Federal Funds

420,053

5 Restricted Receipts

605,166

6 Other Funds


7 School for the Deaf Transformation Grants

59,000

8 Rhode Island Capital Plan Funds


9 School for the Deaf Asset Protection

100,000

10 Total - RI School for the Deaf

9,124,556

11 Metropolitan Career and Technical School


12 General Revenues

9,790,163

13 Federal Funds

4,125,711

14 Other Funds


15 Rhode Island Capital Plan Funds


16 MET School Asset Protection

800,000

17 Total - Metropolitan Career and Technical School

14,715,874


  1. Education Aid


  2. General Revenues 1,063,437,756


  3. Provided that the criteria for the allocation of early childhood funds shall prioritize


  4. prekindergarten seats and classrooms for four-year-olds whose family income is at or below one


  5. hundred eighty-five percent (185%) of federal poverty guidelines and who reside in communities


23 with higher concentrations of low performing schools.


24 Federal Funds

200,042,202

25 Restricted Receipts

36,719,278

26 Other Funds


27 Permanent School Fund

300,000

28 Total - Education Aid

1,300,499,236

29 Central Falls School District


30 General Revenues

48,961,338

31 Federal Funds

20,845,329

32 Total - Central Falls School District

69,806,667

33 School Construction Aid


34 General Revenues


  1. General Revenues


  2. School Housing Aid 88,536,507


  3. School Building Authority Capital Fund 50,000,000


  4. Total - School Construction Aid 138,536,507


  5. Teachers' Retirement


  6. General Revenues 130,855,471


  7. Grand Total - Elementary and Secondary Education 2,018,452,386


  8. Public Higher Education


  9. Office of Postsecondary Commissioner


  10. General Revenues 18,597,940


  11. Provided that $355,000 shall be allocated to the Rhode Island College Crusade pursuant to


  12. the Rhode Island General Law, Section 16-70-5, $75,000 shall be allocated to Best Buddies Rhode


  13. Island to support its programs for children with developmental and intellectual disabilities, and


  14. $200,000 shall be allocated to the Rhode Island School for Progressive Education to support access


  15. to higher education opportunities for teachers of color. It is also provided that $7,900,543 shall be


  16. allocated to the Rhode Island Promise Scholarship program and $147,000 shall be used to support


  17. Rhode Island’s membership in the New England Board of Higher Education.


  18. Federal Funds


  19. Federal Funds 3,604,422


  20. Guaranty Agency Administration 400,000


  21. Guaranty Agency Operating Fund - Scholarships & Grants 4,000,000


  22. Restricted Receipts 4,045,406


  23. Other Funds


  24. Tuition Savings Program - Dual Enrollment 2,300,000


  25. Tuition Savings Program - Scholarships and Grants 5,595,000


  26. Nursing Education Center - Operating 2,891,398


  27. Rhode Island Capital Plan Funds


  28. Higher Education Centers 2,932,500


  29. Provided that the state fund no more than 50.0 percent of the total project cost.


  30. Total - Office of Postsecondary Commissioner 44,366,666


  31. University of Rhode Island


  32. General Revenues


  33. General Revenues 91,270,252


  34. Provided that in order to leverage federal funding and support economic development,

    1. $700,000 shall be allocated to the Small Business Development Center, $100,000 shall be allocated


    2. to the Institute for Labor Studies & Research and that $50,000 shall be allocated to Special


    3. Olympics Rhode Island to support its mission of providing athletic opportunities for individuals


    4. with intellectual and developmental disabilities.


5 Debt Service

29,049,378

6 RI State Forensics Laboratory

1,516,015

7 Other Funds


8 University and College Funds

707,626,466

9 Debt - Dining Services

999,983

10 Debt - Education and General

5,402,219

11 Debt - Health Services

991,794

12 Debt - Housing Loan Funds

12,965,597

13 Debt - Memorial Union

2,053,787

14 Debt - Ryan Center

2,375,073

15 Debt - Parking Authority

1,294,923

16 URI Restricted Debt Service - Energy Conservation

546,271

17 URI Debt Service - Energy Conservation

2,071,504

18 Rhode Island Capital Plan Funds


19 Asset Protection

11,350,000

20 Mechanical, Electric, and Plumbing Improvements

4,694,533

21 Fire Protection Academic Buildings

1,706,802

22 Bay Campus

6,000,000

23 Total - University of Rhode Island

881,914,597


  1. Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or


  2. unencumbered balances as of June 30, 2023 relating to the University of Rhode Island are hereby


  3. reappropriated to fiscal year 2024.


  4. Rhode Island College


  5. General Revenues


29 General Revenues

62,341,287

30 Debt Service

6,002,565

31 Other Funds


32 University and College Funds

108,584,424

33 Debt - Education and General

879,474

34 Debt - Housing

371,105

1 Debt - Student Center and Dining

155,000

2 Debt - Student Union

208,800

3 Debt - G.O. Debt Service

1,640,931

4 Debt - Energy Conservation

699,575

5 Rhode Island Capital Plan Funds


6 Asset Protection

9,618,000

7 Infrastructure Modernization

4,900,000

8 Total - Rhode Island College

195,401,161

9 Notwithstanding the provisions of section 35-3-15 of the general laws, all

unexpended or


  1. unencumbered balances as of June 30, 2023 relating


  2. reappropriated to fiscal year 2024.

to

Rhode

Island

College are hereby

12 Community College of Rhode Island





13 General Revenues





14 General Revenues




55,693,282

15 Debt Service




1,405,299

16 Federal Funds




1,818,835

17 Restricted Receipts




804,787

18 Other Funds





19 University and College Funds




121,625,011

20 Rhode Island Capital Plan Funds





21 Asset Protection




3,246,000

22 Knight Campus Renewal




2,896,182

23 Data, Cabling, and Power Infrastructure




1,803,000

24 Flanagan Campus Renovations




1,982,000

25 CCRI Renovation and Modernization Phase I




5,000,000

26 Total - Community College of RI




196,274,396


  1. Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or


  2. unencumbered balances as of June 30, 2023 relating to the Community College of Rhode Island


  3. are hereby reappropriated to fiscal year 2024.


    30 Grand Total - Public Higher Education

    1,317,956,820

    31 RI State Council on the Arts


    32 General Revenues


    33 Operating Support

    1,033,276

    34 Grants

    1,165,000

    1. Provided that $375,000 be provided to support the operational costs of WaterFire


    2. Providence art installations.


    3. Federal Funds 1,331,719


    4. Restricted Receipts 50,000


    5. Other Funds


6 Art for Public Facilities

585,000

7 Grand Total - RI State Council on the Arts

4,164,995

8 RI Atomic Energy Commission


9 General Revenues

1,146,763

10 Restricted Receipts

25,036

11 Other Funds


12 URI Sponsored Research

314,597

13 Rhode Island Capital Plan Funds


14 Asset Protection

50,000

15 Grand Total - RI Atomic Energy Commission

1,536,396

16 RI Historical Preservation and Heritage Commission


17 General Revenues

1,572,452


18 Provided that $30,000 support the operational costs of the Fort Adams Trust’s restoration


19 activities.


20 Federal Funds

1,359,283

21 Restricted Receipts

424,100

22 Other Funds


23 RIDOT Project Review

156,901

24 Grand Total - RI Historical Preservation and Heritage Comm.

3,512,736

25 Attorney General


26 Criminal


27 General Revenues

20,115,052

28 Federal Funds

2,884,123

29 Restricted Receipts

603,772

30 Total - Criminal

23,602,947

31 Civil


32 General Revenues

6,778,199

33 Restricted Receipts

1,431,698

34 Total - Civil

8,209,897

1 Bureau of Criminal Identification


2 General Revenues

2,042,239

3 Restricted Receipts

1,187,466

4 Total - Bureau of Criminal Identification

3,229,705

5 General


6 General Revenues

4,570,478

7 Other Funds


8 Rhode Island Capital Plan Funds


9 Building Renovations and Repairs

1,890,000

10 Total - General

6,460,478

11 Grand Total - Attorney General

41,503,027

12 Corrections


13 Central Management


14 General Revenues

20,060,213

15 Parole Board


16 General Revenues

1,438,337

17 Custody and Security


18 General Revenues

141,448,395

19 Federal Funds

1,149,582

20 Total - Custody and Security

142,597,977

21 Institutional Support


22 General Revenues

23,108,898

23 Other Funds


24 Rhode Island Capital Plan Funds


25 Asset Protection

5,125,000

26 Correctional Facilities - Renovations

250,000

27 Total - Institutional Support

28,483,898

28 Institutional Based Rehab/Population Management


29 General Revenues

11,773,097

30 Provided that $1,050,000 be allocated to

Crossroads Rhode Island for sex offender

31 discharge planning.



  1. The director of the department of corrections shall provide to the speaker of the house and


  2. president of the senate at least every ninety (90) days beginning September 1, 2022, a report on


  3. efforts to modernize the correctional industries program. The report shall, at minimum, provide

  1. data on the past ninety (90) days regarding program participation, changes made in programming


  2. to more closely align with industry needs, new or terminated partnerships with employers,


  3. nonprofits, and advocacy groups, current program expenses and revenues, and the employment


  4. status of all persons on the day of discharge from department care who participated in the


  5. correctional industries program.


  6. Federal Funds 625,118


  7. Restricted Receipts 64,600


8 Total - Institutional Based Rehab/Population Mgt.

12,462,815

9 Healthcare Services


10 General Revenues

28,149,588

11 Restricted Receipts

2,868,614

12 Total - Healthcare Services

31,018,202

13 Community Corrections


14 General Revenues

19,872,087

15 Federal Funds

369,417

16 Restricted Receipts

11,107

17 Total - Community Corrections

20,252,611

18 Grand Total - Corrections

256,314,053

19 Judiciary


20 Supreme Court


21 General Revenues


22 General Revenues

32,346,588


  1. Provided however, that no more than $1,302,057 in combined total shall be offset to the


  2. Public Defender’s Office, the Attorney General’s Office, the Department of Corrections, the


  3. Department of Children, Youth and Families, and the Department of Public Safety for square-


  4. footage occupancy costs in public courthouses and further provided that $230,000 be allocated to


  5. the Rhode Island Coalition Against Domestic Violence for the domestic abuse court advocacy


  6. project pursuant to Rhode Island General Law, Section 12-29-7 and that $90,000 be allocated to


  7. Rhode Island Legal Services, Inc. to provide housing and eviction defense to indigent individuals.


    30 Defense of Indigents

    5,075,432

    31 Federal Funds

    338,402

    32 Restricted Receipts

    4,051,045

    33 Other Funds


    34 Rhode Island Capital Plan Funds


    1 Garrahy Courtroom Restoration

    750,000

    2 Judicial Complexes - HVAC

    1,000,000

    3 Judicial Complexes Asset Protection

    1,500,000

    4 Judicial Complexes Fan Coil Unit Replacements

    750,000

    5 Licht Judicial Complex Restoration

    750,000

    6 McGrath Judicial Complex

    225,000

    7 Total - Supreme Court

    46,786,467

    8 Judicial Tenure and Discipline


    9 General Revenues

    169,767

    10 Superior Court


    11 General Revenues

    26,708,059

    12 Federal Funds

    236,617

    13 Restricted Receipts

    665,000

    14 Total - Superior Court

    27,609,676

    15 Family Court


    16 General Revenues

    25,436,666

    17 Federal Funds

    3,984,190

    18 Total - Family Court

    29,420,856

    19 District Court


    20 General Revenues

    16,059,965

    21 Federal Funds

    586,167

    22 Restricted Receipts

    60,000

    23 Total - District Court

    16,706,132

    24 Traffic Tribunal


    25 General Revenues

    10,728,771

    26 Workers' Compensation Court


    27 Restricted Receipts

    10,020,945

    28 Grand Total - Judiciary

    141,442,614

    29 Military Staff


    30 General Revenues

    3,365,511

    31 Federal Funds

    34,311,530

    32 Restricted Receipts


    33 RI Military Family Relief Fund

    55,000

    34 Other Funds


    1. Rhode Island Capital Plan Funds


    2. Aviation Readiness Center 138,272


    3. AMC Roof 366,500


    4. Asset Protection 1,290,000


    5. Quonset Airport Runway Reconstruction 275,000


    6. Sun Valley Armory 788,161


    7. Grand Total - Military Staff 40,589,974


    8. Public Safety


    9. Central Management


    10. General Revenues 16,437,445


    11. Provided that $15,000,000 shall be allocated as the state contribution for the Statewide


    12. Body-worn Camera Program, subject to all program and reporting rules, regulations, policies, and


    13. guidelines prescribed in the Rhode Island General Laws. No money appropriated shall be


    14. distributed for Rhode Island police department body-worn camera expenses prior to the


    15. promulgation of rules and regulations. Notwithstanding the provisions of section 35-3-15 of the


    16. general laws, all unexpended or unencumbered balances as of June 30, 2023, from this


    17. appropriation are hereby reappropriated to fiscal year 2024.


    18. Federal Funds 10,840,576


    19. Federal Funds - State Fiscal Recovery Fund


    20. Support for Survivors of Domestic Violence 3,500,000


    21. Restricted Receipts 186,121


    22. Total - Central Management 30,964,142


    23. E-911 Emergency Telephone System


    24. Restricted Receipts 8,468,710


    25. Security Services


    26. General Revenues 29,858,676


    27. Municipal Police Training Academy


    28. General Revenues 281,456


    29. Federal Funds 608,963


    30. Total - Municipal Police Training Academy 890,419


    31. State Police


    32. General Revenues 89,727,365


    33. Federal Funds 6,413,954


    34. Restricted Receipts 935,739

1 Other Funds


2 Airport Corporation Assistance

168,211

3 Road Construction Reimbursement

2,871,108

4 Weight and Measurement Reimbursement

437,860

5 Rhode Island Capital Plan Funds


6 DPS Asset Protection

1,000,000

7 Portsmouth Barracks

1,650,000

8 Southern Barracks

13,000,000

9 Training Academy Upgrades

1,386,380

10 Statewide Communications System Network

230,929

11 Total - State Police

117,821,546

12 Grand Total - Public Safety

188,003,493

13 Office of Public Defender


14 General Revenues

14,708,807

15 Federal Funds

65,665

16 Grand Total - Office of Public Defender

14,774,472

17 Emergency Management Agency


18 General Revenues

4,308,154

19 Federal Funds

29,462,797

20 Restricted Receipts

457,420

21 Other Funds


22 Rhode Island Capital Plan Funds


23 RI Statewide Communications Network

1,494,400

24 State Emergency Ops Center

524,657

25 RI Statewide Communications Infrastructure

1,134,400

26 Grand Total - Emergency Management Agency

37,381,828

27 Environmental Management


28 Office of the Director


29 General Revenues

8,957,872


  1. Of this general revenue amount, $50,000 is appropriated to the Conservation Districts and


  2. $100,000 is appropriated to the Wildlife Rehabilitators Association of Rhode Island for a


  3. veterinarian at the Wildlife Clinic of Rhode Island.


  4. Federal Funds 65,100


  5. Restricted Receipts 4,126,794

    1 Total - Office of the Director

    13,149,766

    2 Natural Resources


    3 General Revenues

    29,057,514

    4 Federal Funds

    23,181,039

    5 Restricted Receipts

    5,699,215

    6 Other Funds


    7 DOT Recreational Projects

    762,000

    8 Blackstone Bike Path Design

    1,000,000

    9 Rhode Island Capital Plan Funds


    10 Blackstone Park Improvements

    244,191

    11 Dam Repair

    824,238

    12 Fort Adams Rehabilitation

    300,000

    13 Port of Galilee

    9,348,461

    14 Recreation Facility Asset Protection

    500,000

    15 Recreational Facilities Improvement

    3,400,000

    16 Natural Resources Office and Visitor's Center

    250,000

    17 Fish & Wildlife Maintenance Facilities

    100,000

    18 Total - Natural Resources

    74,666,658

    19 Environmental Protection


    20 General Revenues

    15,081,859

    21 Federal Funds

    11,503,721

    22 Restricted Receipts

    7,569,654

    23 Other Funds


    24 Transportation MOU

    30,986

    25 Total - Environmental Protection

    34,186,220

    26 Grand Total - Environmental Management

    122,002,644

    27 Coastal Resources Management Council


    28 General Revenues

    3,327,275

    29 Federal Funds

    1,980,304

    30 Restricted Receipts

    250,000

    31 Other Funds


    32 Rhode Island Capital Plan Funds


    33 South Coast Restoration Project

    1,900,000

    34 Pawcatuck Resiliency

    50,000

    1. Little Narragansett Bay 50,000


    2. Grand Total - Coastal Resources Mgmt. Council 7,557,579


    3. Transportation


    4. Central Management


    5. Federal Funds 16,577,046


    6. Other Funds


    7. Gasoline Tax 9,118,769


    8. Total - Central Management 25,695,815


    9. Management and Budget


    10. Other Funds


    11. Gasoline Tax 3,761,946


    12. Infrastructure Engineering


    13. Federal Funds


    14. Federal Funds 415,019,330


    15. Federal Funds – State Fiscal Recovery Fund


    16. RI Turnpike and Bridge Authority – Safety Barriers Study 1,000,000


    17. RI Public Transit Authority – R-Line Free Service Pilot 2,500,000


    18. Restricted Receipts 5,949,070


    19. Other Funds


    20. Gasoline Tax 74,241,610


    21. Of this amount, $75,000 is appropriated for the Rhode Island Public Transit Authority to


    22. study current operations and paratransit bus services and to design of a statewide program that


    23. addresses the transportation needs of seniors and individuals whose disability prevents independent


    24. use of the fixed route system and who do not fall within the three quarter of a mile of a fixed route


    25. as required by ADA paratransit services. This study must include input from riders with


    26. disabilities, seniors, and the Human Services Transportation Coordinating Council, as established


    27. in 39-18.1-5(e). On or before January 1, 2023, the Rhode Island Public Transit Authority must


    28. submit a report to the speaker of the house and the president of the senate summarizing the study


    29. and design of a statewide program, including cost estimates for the implementation and ongoing


    30. service that address the transportation needs of seniors and individuals with disabilities.


    31. Toll Revenue 33,614,329


    32. Land Sale Revenue 9,260,141


    33. Rhode Island Capital Plan Funds


    34. Highway Improvement Program 55,645,000

1 Bike Path Asset Protection

400,000

2 RIPTA - Land and Buildings

12,889,628

3 RIPTA - URI Mobility Hub

250,000

4 RIPTA – Pawtucket/Central Falls Bus Hub Passenger Facility

4,000,000

5 RIPTA - Providence High-Capacity Transit Corridor Study

225,000

6 Total - Infrastructure Engineering

614,994,108

7 Infrastructure Maintenance


8 Federal Funds

21,456,198

9 Other Funds


10 Gasoline Tax

23,708,688

11 Rhode Island Highway Maintenance Account

102,647,711

12 Rhode Island Capital Plan Funds


13 Maintenance Capital Equipment Replacement

1,500,000

14 Maintenance Facilities Improvements

500,000

15 Welcome Center

200,000

16 Salt Storage Facilities

1,900,000

17 Train Station Asset Protection

350,000

18 Total - Infrastructure Maintenance

152,262,597

19 Grand Total - Transportation

796,714,466

20 Statewide Totals


21 General Revenues

5,042,159,928

22 Federal Funds

5,708,365,308

23 Restricted Receipts

453,536,893

24 Other Funds

2,398,392,497

25 Statewide Grand Total

13,602,454,626


  1. SECTION 2. Each line appearing in Section 1 of this Article shall constitute an


  2. appropriation.


  3. SECTION 3. Upon the transfer of any function of a department or agency to another


  4. department or agency, the Governor is hereby authorized by means of executive order to transfer


  5. or reallocate, in whole or in part, the appropriations and the full-time equivalent limits affected


  6. thereby; provided, however, in accordance with Rhode Island General Law, Section 42-6-5, when


  7. the duties or administrative functions of government are designated by law to be performed within


  8. a particular department or agency, no transfer of duties or functions and no re-allocation, in whole


  9. or part, or appropriations and full-time equivalent positions to any other department or agency shall

  1. be authorized.


  2. SECTION 4. From the appropriation for contingency shall be paid such sums as may be


  3. required at the discretion of the Governor to fund expenditures for which appropriations may not


  4. exist. Such contingency funds may also be used for expenditures in the several departments and


  5. agencies where appropriations are insufficient, or where such requirements are due to unforeseen


  6. conditions or are non-recurring items of an unusual nature. Said appropriations may also be used


  7. for the payment of bills incurred due to emergencies or to any offense against public peace and


  8. property, in accordance with the provisions of Titles 11 and 45 of the General Laws of 1956, as


  9. amended. All expenditures and transfers from this account shall be approved by the Governor.


  10. SECTION 5. The general assembly authorizes the state controller to establish the internal


  11. service accounts shown below, and no other, to finance and account for the operations of state


  12. agencies that provide services to other agencies, institutions and other governmental units on a cost


  13. reimbursed basis. The purpose of these accounts is to ensure that certain activities are managed in


  14. a businesslike manner, promote efficient use of services by making agencies pay the full costs


  15. associated with providing the services, and allocate the costs of central administrative services


  16. across all fund types, so that federal and other non-general fund programs share in the costs of


  17. general government support. The controller is authorized to reimburse these accounts for the cost


  18. of work or services performed for any other department or agency subject to the following


  19. expenditure limitations:


  20. Account Expenditure Limit


  21. State Assessed Fringe Benefit Internal Service Fund 37,370,321


  22. Administration Central Utilities Internal Service Fund 27,355,205


  23. State Central Mail Internal Service Fund 7,303,550


  24. State Telecommunications Internal Service Fund 3,513,931


  25. State Automotive Fleet Internal Service Fund 12,869,107


  26. Surplus Property Internal Service Fund 3,000


  27. Health Insurance Internal Service Fund 272,697,174


  28. Other Post-Employment Benefits Fund 63,858,483


  29. Capitol Police Internal Service Fund 1,380,836


  30. Corrections Central Distribution Center Internal Service Fund 7,524,912


  31. Correctional Industries Internal Service Fund 8,472,206


  32. Secretary of State Record Center Internal Service Fund 1,143,730


  33. Human Resources Internal Service Fund 15,991,654


  34. DCAMM Facilities Internal Service Fund 47,011,910

  1. Information Technology Internal Service Fund 50,789,409


  2. SECTION 6. Legislative Intent - The General Assembly may provide a written "statement


  3. of legislative intent" signed by the chairperson of the House Finance Committee and by the


  4. chairperson of the Senate Finance Committee to show the intended purpose of the appropriations


  5. contained in Section 1 of this Article. The statement of legislative intent shall be kept on file in the


  6. House Finance Committee and in the Senate Finance Committee.


  7. At least twenty (20) days prior to the issuance of a grant or the release of funds, which


  8. grant or funds are listed on the legislative letter of intent, all department, agency and corporation


  9. directors, shall notify in writing the chairperson of the House Finance Committee and the


  10. chairperson of the Senate Finance Committee of the approximate date when the funds are to be


  11. released or granted.


  12. SECTION 7. Appropriation of Temporary Disability Insurance Funds -- There is hereby


  13. appropriated pursuant to sections 28-39-5 and 28-39-8 of the Rhode Island General Laws all funds


  14. required to be disbursed for the benefit payments from the Temporary Disability Insurance Fund


  15. and Temporary Disability Insurance Reserve Fund for the fiscal year ending June 30, 2023.


  16. SECTION 8. Appropriation of Employment Security Funds -- There is hereby appropriated


  17. pursuant to section 28-42-19 of the Rhode Island General Laws all funds required to be disbursed


  18. for benefit payments from the Employment Security Fund for the fiscal year ending June 30, 2023.


  19. SECTION 9. Appropriation of Lottery Division Funds -- There is hereby appropriated to


  20. the Lottery Division any funds required to be disbursed by the Lottery Division for the purposes of


  21. paying commissions or transfers to the prize fund for the fiscal year ending June 30, 2023.


  22. SECTION 10. Appropriation of CollegeBoundSaver Funds - There is hereby appropriated


  23. to the Office of the General Treasurer designated funds received under the CollegeBoundSaver


  24. program for transfer to the Division of Higher Education Assistance within the Office of the


  25. Postsecondary Commissioner to support student financial aid for the fiscal year ending June 30,


26 2023.


  1. SECTION 11. Departments and agencies listed below may not exceed the number of full-


  2. time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do


  3. not include limited period positions or, seasonal or intermittent positions whose scheduled period


  4. of employment does not exceed twenty-six consecutive weeks or whose scheduled hours do not


  5. exceed nine hundred and twenty-five (925) hours, excluding overtime, in a one-year period. Nor


  6. do they include individuals engaged in training, the completion of which is a prerequisite of


  7. employment. Provided, however, that the Governor or designee, Speaker of the House of


  8. Representatives or designee, and the President of the Senate or designee may authorize an

  1. adjustment to any limitation. Prior to the authorization, the State Budget Officer shall make a


  2. detailed written recommendation to the Governor, the Speaker of the House, and the President of


  3. the Senate. A copy of the recommendation and authorization to adjust shall be transmitted to the


  4. chairman of the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor,


  5. and the Senate Fiscal Advisor.


  6. State employees whose funding is from non-state general revenue funds that are time


  7. limited shall receive limited term appointment with the term limited to the availability of non-state


  8. general revenue funding source.


  9. FY 2023 FTE POSITION AUTHORIZATION


  10. Departments and Agencies Full-Time Equivalent


  11. Administration 662.7

  12. Provided that no more than 429.5 of the total authorization would be limited to positions

  13. that support internal service fund programs.


14 Business Regulation

181.0

15 Executive Office of Commerce

20.0

16 Labor and Training

461.7

17 Revenue

575.5

18 Legislature

298.5

19 Office of the Lieutenant Governor

8.0

20 Office of the Secretary of State

59.0

21 Office of the General Treasurer

89.0

22 Board of Elections

13.0

23 Rhode Island Ethics Commission

12.0

24 Office of the Governor

45.0

25 Commission for Human Rights

15.0

26 Public Utilities Commission

54.0

27 Office of Health and Human Services

204.0

28 Children, Youth and Families

702.5

29 Health

535.4

30 Human Services

773.0

31 Office of Veterans Services

263.0

32 Office of Healthy Aging

31.0

33 Behavioral Healthcare, Developmental Disabilities and Hospitals

1,200.4

34 Office of the Child Advocate

10.0

1 Commission on the Deaf and Hard of Hearing

4.0

2 Governor’s Commission on Disabilities

5.0

3 Office of the Mental Health Advocate

6.0

4 Elementary and Secondary Education

143.1

5 School for the Deaf

60.0

6 Davies Career and Technical School

123.0

7 Office of Postsecondary Commissioner

34.0


  1. Provided that 1.0 of the total authorization would be available only for positions that are


  2. supported by third-party funds, 11.0 would be available only for positions at the State’s Higher


  3. Education Centers located in Woonsocket and Westerly, and 10.0 would be available only for


  4. positions at the Nursing Education Center.


  5. University of Rhode Island 2,555.0


  6. Provided that 357.8 of the total authorization would be available only for positions that are


  7. supported by third-party funds.


  8. Rhode Island College 949.2

  9. Provided that 76.0 of the total authorization would be available only for positions that are

  10. supported by third-party funds.

  11. Community College of Rhode Island 849.1

  12. Provided that 89.0 of the total authorization would be available only for positions that are

  13. supported by third-party funds.


    21 Rhode Island State Council on the Arts

    9.6

    22 RI Atomic Energy Commission

    8.6

    23 Historical Preservation and Heritage Commission

    15.6

    24 Office of the Attorney General

    249.1

    25 Corrections

    1,427.0

    26 Judicial

    739.3

    27 Military Staff

    93.0

    28 Emergency Management Agency

    35.0

    29 Public Safety

    632.2

    30 Office of the Public Defender

    100.0

    31 Environmental Management

    417.0

    32 Coastal Resources Management Council

    32.0

    33 Transportation

    755.0

    34 Total

    15,455.5

    1. No agency or department may employ contracted employee services where contract


    2. employees would work under state employee supervisors without determination of need by the


    3. Director of Administration acting upon positive recommendations by the Budget Officer and the


    4. Personnel Administrator and 15 days after a public hearing.


    5. Nor may any agency or department contract for services replacing work done by state


    6. employees at that time without determination of need by the Director of Administration acting upon


    7. the positive recommendations of the State Budget Officer and the Personnel Administrator and 30


    8. days after a public hearing.


    9. SECTION 12. The amounts reflected in this Article include the appropriation of Rhode


    10. Island Capital Plan funds for fiscal year 2023 and supersede appropriations provided for FY 2023


    11. within Section 12 of Article 1 of Chapter 162 of the P.L. of 2021.


    12. The following amounts are hereby appropriated out of any money in the State’s Rhode


    13. Island Capital Plan Fund not otherwise appropriated to be expended during the fiscal years ending


14 June 30, 2024, June 30, 2025, June 30, 2026, and June 30, 2027. These amounts supersede


  1. appropriations provided within Section 12 of Article 1 of Chapter 162 of the P.L. of 2021.


  2. For the purposes and functions hereinafter mentioned, the State Controller is hereby


  3. authorized and directed to draw his or her orders upon the General Treasurer for the payment of


  4. such sums and such portions thereof as may be required by him or her upon receipt of properly


19

authenticated vouchers.


20


FY Ending

FY Ending

FY Ending

FY Ending

21

Project

06/30/2024

06/30/2025

06/30/2026

06/30/2027

22

DOA - 560 Jefferson Boulevard

150,000

1,550,000

1,050,000

50,000

23

DOA - Accessibility Facility Renovations

1,000,000

1,000,000

1,000,000

1,000,000

24

DOA - Arrigan Center

125,000

75,000

200,000

200,000

25

DOA - Cannon Building

3,725,000

4,125,000

4,025,000

0

26

DOA - Cranston Street Armory

2,250,000

3,250,000

1,600,000

100,000

27

DOA - DoIT Enterprise





28

Operations Center

2,050,000

1,150,000

1,050,000

300,000

29

DOA - Dunkin Donuts Center

6,212,500

2,100,000

2,300,000

2,300,000

30

DOA - Pastore Building





31

Demolition

1,000,000

1,000,000

1,000,000

1,000,000

32

DOA - Pastore Center





33

Non-Hospital Buildings

5,500,000

4,500,000

4,000,000

4,000,000

34

DOA - Pastore Campus Infrastructure

33,200,000

38,900,000

32,600,000

5,050,000

1 DOA - RI Convention Center Authority

10,237,500

3,340,000

2,500,000

2,500,000

2 DOA - Shepard Building

1,500,000

0

0

0

3 DOA - State House Renovations

3,079,000

16,629,000

15,379,000

15,379,000

4 DOA - William Powers Building

2,750,000

2,400,000

2,200,000

2,000,000

5 DOA - Zambarano Buildings and Campus

1,515,000

1,040,000

1,300,000

1,275,000

6 DOA - Zambarano Long Term





7 Acute Care Hospital

6,569,677

26,185,740

26,067,041

23,804,439

8 DBR - Fire Academy Expansion

5,715,500

1,940,500

0

0

9 EOC - I-195 Commission

805,000

0

0

0

10 DCYF - Female Youth Facility

15,000,000

15,000,000

15,000,000

0

11 DOH - Health Laboratories and Medical





12 Examiner Equipment

400,000

400,000

400,000

400,000


13 DHS - Veterans Cemetery Asset Protection 750,000


250,000


300,000


250,000

14 ELSEC - MET School Asset Protection 2,000,000

2,000,000

250,000

250,000

15 URI - Asset Protection 11,494,395

12,006,225

12,606,536

13,236,863

16 URI - Mechanical, Electric, and Plumbing




17 Improvements 13,205,467

0

0

0

18 URI - Bay Campus 6,000,000

0

12,500,000

12,500,000

19 URI - Fire Protection




20 Academic Phase II 3,081,532

3,311,666

0

0

21 URI -– Fine Arts Center Renovations &




22 Addition Phase I 0

8,000,000

8,000,000

0

23 RIC - Asset Protection 5,431,657

5,785,000

5,950,000

6,025,000

24 RIC - Infrastructure Modernization 5,275,000

5,675,000

5,675,000

5,675,000

25 RIC - Clarke Science 0

10,000,000

5,000,000

0

26 CCRI - Asset Protection 2,653,124

2,719,452

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 Renewal 2,000,000

6,000,000

2,500,000

0

30 CCRI - Knight Campus Renewal 1,390,000

0

0

0

31 CCRI - Renovation and Modernization 9,000,000

14,000,000

12,000,000

0

32 DOC - Asset Protection 4,100,000

4,100,000

4,100,000

4,100,000

33 Military Staff - Aviation Readiness 0

1,125,800

1,599,115

0

34 Military Staff - Quonset Airport




1 Runway Reconstruction

1,663,612

926,505

0

0

2 EMA - RI Statewide





3 Communications Network

1,494,400

1,494,400

0

0

4 DPS - Southern Barracks

13,000,000

0

0

0

5 DPS - Training Academy Upgrades

900,000

1,920,000

715,000

150,000

6 DPS - RISCON Microwave





7 Replacement

230,929

230,929

230,929

0

8 DEM - Dam Repair

1,805,000

3,065,000

2,000,000

2,000,000

9 DEM - Port of Galilee

5,491,817

11,500,000

17,500,000

11,500,000

10 DEM - Natural Resources Offices





11 and Visitor's Center

250,000

2,500,000

2,000,000

0

12 DEM - Recreational Facilities





13 Improvements

4,745,578

4,050,000

2,290,000

3,050,000

14 DOT - Highway Improvement





15 Program

94,308,800

32,404,560

27,200,000

27,200,000

16 DOT - Salt Storage Facilities





17 Improvement

1,000,000

1,150,000

1,150,000

1,150,000

18 DOT - Maintenance





19 Capital Equipment Replacement

1,800,000

1,800,000

1,800,000

1,800,000

20 DOT - RIPTA





21 Land and Building Enhancements

12,627,012

500,000

500,000

500,000

22 DOT - RIPTA - Pawtucket/Central Falls





23 Bus Hub Passenger Facility

1,000,000

0

0

0


  1. SECTION 13. Reappropriation of Funding for Rhode Island Capital Plan Fund Projects.


  2. Any unexpended and unencumbered funds from Rhode Island Capital Plan Fund project


  3. appropriations shall be reappropriated in the ensuing fiscal year and made available for the same


  4. purpose. However, any such reappropriations are subject to final approval by the General


  5. Assembly as part of the supplemental appropriations act. Any unexpended funds of less than five


  6. hundred dollars ($500) shall be reappropriated at the discretion of the State Budget Officer.


  7. SECTION 14. For the Fiscal Year ending June 30, 2023, the Rhode Island Housing and


  8. Mortgage Finance Corporation shall provide from its resources such sums as appropriate in support


  9. of the Neighborhood Opportunities Program. The Corporation shall provide a report detailing the


  10. amount of funding provided to this program, as well as information on the number of units of


  11. housing provided as a result to the Director of Administration, the Chair of the Housing Resources

  1. Commission, the Chair of the House Finance Committee, the Chair of the Senate Finance


  2. Committee and the State Budget Officer.


  3. SECTION 15. Appropriation of Economic Activity Taxes in accordance with the city of


  4. Pawtucket downtown redevelopment statute -- There is hereby appropriated for the fiscal year


  5. ending June 30, 2023, all State Economic Activity Taxes to be collected pursuant to § 45-33.4-4 of


  6. the Rhode Island General Laws, as amended (including, but not limited to, the amount of tax


  7. revenues certified by the Commerce Corporation in accordance with § 45-33.4-1(13) of the Rhode


  8. Island General Laws), for the purposes of paying debt service on bonds, funding debt service


  9. reserves, paying costs of infrastructure improvements in and around the ballpark district, arts


  10. district, and the growth center district, funding future debt service on bonds, and funding a


  11. redevelopment revolving fund established in accordance with § 45-33-1 of the Rhode Island


  12. General Laws.


  13. SECTION 16. The appropriations from federal funds contained in Section 1 shall not be


  14. construed to mean any federal funds or assistance appropriated, authorized, allocated or


  15. apportioned to the State of Rhode Island from the State Fiscal Recovery Fund and Capital Projects


  16. Fund enacted pursuant to the American Rescue Plan Act of 2021, P.L. 117-2 for fiscal year 2023


  17. except for those instances specifically designated.


  18. The following amounts are hereby appropriated out of any money available in the State


  19. Fiscal Recovery Fund and Capital Projects Fund for the fiscal years ending June 30, 2024, June 30,


20 2025, June 30, 2026, and June 30, 2027.


  1. For the purposes and functions hereinafter mentioned, the State Controller is hereby


  2. authorized and directed to draw his or her orders upon the General Treasurer for payment of such


  3. sums and such portions thereof as may be required by him or her upon receipt of properly


  4. authenticated vouchers.


  5. FY Ending FY Ending FY Ending FY Ending


26

06/30/2024

06/30/2025

06/30/2026

06/30/2027


27 State Fiscal Recovery Fund - Federal Funds




28 Project




29 DOA - Administration 1,621,728

1,621,728

1,621,728

125,449

30 DOA - Electric Heat Pump Grant




31 Program 10,000,000

10,000,000

0

0

32 DOA - Ongoing COVID-19 Response 75,052,439

38,819,129

0

0

33 DLT - Enhanced Real Jobs 10,000,000

10,000,000

0

0

34 EOC - Minority Business Accelerator 4,000,000

0

0

0

1 EOC - Destination Marketing

1,500,000

0

0

0

2 EOC - Blue Economy Investments

40,000,000

20,000,000

0

0

3 EOC - Bioscience Investments

15,000,000

9,000,000

1,000,000

0

4 EOC - South Quay Marine Terminal

23,000,000

0

0

0

5 RIH - Development of Affordable





6 Housing

30,000,000

25,000,000

0

0

7 RIH - Site Acquisition

5,000,000

5,000,000

0

0

8 RIH - Down Payment Assistance

10,000,000

10,000,000

0

0

9 RIH - Workforce Housing

8,000,000

0

0

0

10 RIH - Affordable Housing





11 Predevelopment Program

2,500,000

2,500,000

2,500,000

0

12 RIH - Home Repair and Community





13 Revitalization

10,000,000

0

0

0

14 OHCD - Predevelopment and Capacity





15 Building

500,000

0

0

0

16 OHCD - Homelessness Assistance





17 Program

7,000,000

6,000,000

0

0

18 QDC - Port of Davisville

19,360,000

27,000,000

7,640,000

0

19 DCYF - Foster Home Lead Abatement





20 & Fire Safety

375,000

0

0

0

21 DHS - Childcare Support

1,217,000

500,000

0

0

22 BHDDH - Crisis Intervention





23 Trainings

550,000

550,000

550,000

0

24 ELSEC - Adult Education

1,500,000

1,500,000

0

0

25 DPS - Support for Survivors of





26 Domestic Violence

3,500,000

3,500,000

0

0

27 Capital Projects Fund - Federal Funds





28 Project





29 DOA - CPF Administration

2,807,250

2,442,616

0

0

30 DOA - Municipal and Higher Ed





31 Matching Grant Program

23,360,095

0

0

0

32 DOA - RIC Student Services Center

15,000,000

15,000,000

0

0

33 EOC - Broadband

5,160,500

4,413,000

0

0


34 The State Fiscal Recovery Fund and Capital Projects Fund appropriations herein shall be

  1. made in support of the following projects:


  2. Federal Funds - State Fiscal Recovery Fund


  3. Department of Administration (DOA)


  4. DOA – Aid to the Convention Center. These funds shall provide operating support to the


  5. Rhode Island convention center authority.


  6. DOA - Electric Heat Pump Grant Program. These funds shall support a grant program


  7. within the office of energy resources to assist homeowners and small-to-mid-size business owners


  8. with the purchase and installation of high-efficiency electric heat pumps, with an emphasis on


  9. families in environmental justice communities, minority-owned businesses, and community


  10. organizations who otherwise cannot afford this technology. The office of energy resources shall


  11. report to the Speaker of the House and Senate President no later than April 1 of each year the results


  12. of this program, including but not limited to, the number of grants issued, amount of each grant and


  13. the average grant amount, and the expected cumulative carbon emissions reductions associated


  14. with heat pumps that received a grant.


  15. DOA – Pandemic Recovery Office. These funds shall be allocated to finance the Pandemic


  16. Recovery Office established within the Department of Administration.


  17. DOA - Ongoing COVID-19 Response. These funds shall be allocated to continue COVID-


  18. 19 mitigation activities and to address the public health impacts of the pandemic in Rhode Island,


  19. to be administered by the director of administration, in consultation with the director of health and


  20. the secretary of health and human services.


  21. DOA - Health Care Facilities. These funds shall address the ongoing staffing needs of


  22. hospitals, nursing facilities and community health centers related to the COVID-19 public health


  23. emergency totaling $77.5 million. This includes $45.0 million that shall be allocated to hospitals,


  24. or systems if hospitals are members of one, to include a base payment equivalent to $1.0 million


  25. per hospital with the remaining based on a hospital’s pro rata share of operating expenses from the


  26. 2021 cost reports and $30.0 million for distribution to nursing facilities based on the number of


  27. Medicaid beds days from the 2020 facility cost reports, provided at least 80 percent is dedicated to


  28. direct care workers. There is $2.5 million to be distributed to the community health centers


  29. through the Rhode Island Health Center Association to support direct care staffing needs.


  30. DOA - Public Health Response Warehouse Support. These funds shall be allocated to the


  31. proper of PPE and other necessary COVID-19 response related supplies.


  32. DOA - Nonprofit Assistance. These funds shall be allocated to the Rhode Island


  33. Foundation to distribute to nonprofit organizations to address needs that have been exacerbated by


  34. COVID-19, including housing and food insecurity, and behavioral health issues, among others.

  1. DOA - Auto-Enrollment Program. These funds shall support a program for automatically


  2. enrolling qualified individuals transitioned off Medicaid coverage at the end of the COVID-19


  3. public health emergency into qualified health plans to avoid gaps in coverage, administered by


  4. HealthSource RI.


  5. Department of Labor and Training (DLT)


  6. DLT - Unemployment Insurance Trust Fund Contribution. The director of labor and


  7. training shall allocate these appropriations to the employment security fund prior to determining


  8. the experience rate for each eligible employer for calendar year 2023.


  9. DLT - Enhanced Real Jobs. These funds shall support the Real Jobs Rhode Island program


  10. in the development of job partnerships, connecting industry employers adversely impacted by the


  11. pandemic to individuals enrolled in workforce training programs.


  12. Executive Office of Commerce (EOC)


  13. EOC - Destination Marketing. These funds shall be used for destination tourism marketing


  14. in support of airline routes to T.F. Green Airport. The Commerce Corporation is required to supply


  15. equivalent matching funds out of its portion of the state hotel tax.


  16. EOC - Statewide Broadband Planning and Mapping. These funds shall be allocated to


  17. develop a statewide broadband strategic plan to provide broadband access to unserved and


  18. underserved households and businesses, to support a state broadband director at the Commerce


  19. Corporation, and to conduct mapping in support of future state broadband investment.


  20. EOC - Minority Business Accelerator. These funds shall support a program to invest


  21. additional resources to enhance the growth of minority business enterprises as defined in chapter


  22. 14.1 of title 37. The initiative will support a range of assistance and programming, including


  23. financial and technical assistance, entrepreneurship training, space for programming and co-


  24. working, and assistance accessing low-interest loans. Commerce shall work with minority small


  25. business associations, including the Rhode Island Black Business Association (RIBBA), to advance


  26. this program. Of the amount allocated for FY 2023, five hundred thousand dollars ($500,000) shall


  27. support the Rhode Island Black Business Association and three hundred thousand dollars


  28. ($300,000) shall support the Roger Williams University Business Start-Up Clinic.


  29. EOC - Blue Economy Investments. These funds shall support a program to invest in the


  30. state’s blue economy industries consistent with the University of Rhode Island Research


  31. Foundation’s Blue Economy Technology Cluster grant application. These funds shall only be


  32. allocated and spent after a commitment of at least thirty five million dollars ($35,000,000) in federal


  33. matching funds is secured from the economic development administration for Rhode Island. Funds


  34. shall be used for purposes and amounts specified in the grant approval.

    1. EOC - Bioscience Investments. These funds shall support a program to invest in the state’s


    2. life science industries consistent with Northeastern University’s BioConnects New England grant


    3. application. These funds shall only be allocated and spent after a commitment of at least fifteen


    4. million dollars ($15,000,000) in federal matching funds is secured from the economic development


    5. administration for Rhode Island. Funds shall be used for purposes and amounts specified in the


    6. grant approval.


    7. EOC - South Quay Marine Terminal. These funds shall support the development of an


    8. integrated and centralized hub of intermodal shipping designed to support the offshore wind


    9. industry along memorial parkway in the East Providence waterfront special development district.


    10. Funds may be used for design and development of the waterfront portion of the terminal into a


    11. marine-industrial facility.


    12. Rhode Island Housing (RIH)


    13. RIH - Development of Affordable Housing. These funds shall expand a program at the


    14. Rhode Island housing and mortgage finance corporation to provide additional investments in the


    15. development of affordable housing units in conjunction with general obligation bond funds and


    16. other sources of available financing according to guidelines approved by the Coordinating


    17. Committee of the Housing Resources Commission. Of this amount, ten million ($10,000,000) shall


    18. be available to Rhode Island housing and mortgage finance corporation to establish a pilot program


    19. that shall direct funds to support low income public housing through project-based rental assistance


    20. vouchers and financing for pre-development, improvement, and housing production costs. Within


    21. eighteen (18) months, any money available for the pilot that is not yet allocated to viable projects,


    22. or which has been awarded to public housing authorities which are unable to demonstrate


    23. substantial completion of all work within eighteen (18) months of receipt of any such funds, shall


    24. be returned to this program and no longer be included in the pilot. Determination of viability and


    25. substantial completion under the pilot shall be at the sole discretion of the deputy secretary of


    26. commerce for housing.


    27. RIH - Site Acquisition. These funds shall be allocated to the Rhode Island housing and


    28. mortgage finance corporation toward the acquisition of properties for redevelopment as affordable


    29. and supportive housing to finance projects that include requirements for deed restrictions not less


    30. than thirty (30) years, and a non-recourse structure.


    31. RIH - Down Payment Assistance. Administered by the Rhode Island housing and mortgage


    32. finance corporation, these funds shall be allocated to a program to provide $17,500 in down


    33. payment assistance to eligible first-time home buyers to promote homeownership.


    34. RIH - Workforce Housing. These funds shall be allocated to the Rhode Island housing and

  1. mortgage finance corporation to support a program to increase the housing supply for families


  2. earning up to 120 percent of area median income.


  3. RIH - Affordable Housing Predevelopment Program. These funds shall be allocated to the


  4. Rhode Island housing mortgage finance corporation to support predevelopment work, for proposed


  5. affordable housing developments to build a pipeline of new projects and build the capacity of


  6. affordable housing developers in the state to expand affordable housing production.


  7. RIH - Home Repair and Community Revitalization. These funds shall expand the


  8. acquisition and revitalization program administered by the Rhode Island housing and mortgage


  9. finance corporation to finance the acquisition and redevelopment of blighted properties to increase


  10. the number of commercial and community spaces in disproportionately impacted communities and


  11. or to increase the development of affordable housing. Residential development will serve


  12. households earning no more than 80 percent of area median income. Commercial and community


  13. spaces must serve or meet the needs of residents of a census tract where at least 51 percent of the


  14. residents are low-and moderate-income persons. The program will also support critical home


  15. repairs within the same communities.


  16. Office of Housing and Community Development (OHCD)


  17. OHCD - Predevelopment and Capacity Building. These funds shall support a program to


  18. increase contract staffing capacity to administer proposed affordable housing projects. These funds


  19. will support research and data analysis, stakeholder engagement, and the expansion of services for


  20. people experiencing homelessness.


  21. OHCD - Homelessness Assistance Program. These funds shall support a program to


  22. expand housing navigation, behavioral health, and stabilization services to address pandemic-


  23. related homelessness. The program will support both operating subsidies for extremely low-income


  24. housing units and services for people transitioning from homelessness to housing, including


  25. individuals transitioning out of the adult correctional institutions.


  26. OHCD - Homelessness Infrastructure. These funds shall be used to support a program to


  27. respond to pandemic-related homelessness, including but not limited to, acquisition or construction


  28. of temporary or permanent shelter and other housing solutions, of which ten million ($10,000,000)


  29. shall support Crossroads Rhode Island sponsored housing development-based and/or housing-


  30. based solutions, wrap-around services and administrative costs of implementation.


  31. OHCD - Statewide Housing Plan. These funds shall be allocated to the development of a


  32. statewide comprehensive housing plan to assess current and future housing needs, consider barriers


  33. to home ownership and affordability, and identify services needed for increased investments toward


  34. disproportionately impacted individuals and communities. These funds shall be used to support

  1. municipal planning efforts to identify and cultivate viable sites and housing projects.


  2. Quonset Development Corporation (QDC)


  3. QDC - Port of Davisville. These funds shall be allocated to expand a program developing


  4. port infrastructure and services at the Port of Davisville in Quonset in accordance with the


  5. corporation’s master plan.


  6. Executive Office of Health and Human Services (EOHHS)


  7. EOHHS - Pediatric Recovery. These funds shall support a program to provide relief to


  8. pediatric providers in response to the decline in visitation and enrollment caused by the public


  9. health emergency and incentivize providers to increase developmental and psychosocial behavioral


  10. screenings.


  11. EOHHS - Early Intervention Recovery. These funds shall support a program to provide


  12. relief to early intervention providers in response to a decline in enrollment for early intervention,


  13. family home visiting and screening programs. This program will also provide performance bonuses


  14. for providers who hit certain targets, such as recovering referral numbers and achieving reduced


  15. staff turnover.


  16. EOHHS - Certified Community Behavioral Clinics. These funds shall be allocated to a


  17. program to support certified community behavioral health clinics to bolster behavioral health


  18. supports, medical screening and monitoring, and social services to particularly vulnerable


  19. populations in response to a rise in mental health needs during the public health emergency.


  20. EOHHS – Butler Hospital Short Term Stay Unit. These funds shall be allocated to support


  21. construction of a 25-bed short stay unit at Butler Hospital to provide behavioral health care services,


  22. crisis intervention and other related services.


  23. Department of Children, Youth and Families (DCYF)


  24. DCYF - Provider Workforce Stabilization. These funds shall be allocated to support


  25. workforce stabilization supplemental wage payments and sign-on bonuses to eligible direct care


  26. and supporting care staff of contracted service providers.


  27. DCYF - Psychiatric Treatment Facility. These funds shall be allocated to expand existing


  28. provider Psychiatric Residential Treatment Facility capacity to provide intensive residential


  29. treatment options for adolescent girls and young women who face severe and complex behavioral


  30. health challenges.


  31. DCYF - Foster Home Lead Abatement & Fire Safety. These funds shall be allocated to


  32. provide financial assistance to foster families for lead remediation and fire suppression upgrades.


  33. Department of Health (DOH)


  34. DOH - Public Health Clinics. Of these funds, $2.0 million shall be allocated to the RI

    1. Free Clinic to improve statewide access and quality of primary care for uninsured adults; to increase


    2. access to dental care for uninsured adults integrated into medical care at the clinic; and, to build


    3. infrastructure for telehealth and electronic medical records, and $2.0 million shall be allocated to


    4. Open Door Health to expand services to address issues for people who are disproportionally


    5. impacted by the COVID-19 pandemic.


    6. Department of Human Services (DHS)


    7. DHS - Child Care Support. To address the adverse impact the pandemic has had on the


    8. child care sector, the funds allocated to this program will provide retention bonuses for direct care


    9. staff at child care centers and licensed family providers in response to pandemic-related staffing


    10. shortages and start up and technical assistance grants for family child care providers. Retention


    11. bonuses shall be paid monthly or as often as administratively feasible, but not less than quarterly.


    12. The director of the department of human services and the director of the department of children,


    13. youth and families may waive any fees otherwise assessed upon child care provider applicants who


    14. have been awarded the family child care provider incentive grant. The allocation to this program


    15. will also support quality improvements, the creation of a workforce registry and additional funds


    16. for educational opportunities for direct care staff.


    17. Department of Behavioral Healthcare, Developmental Disabilities and Hospitals


    18. (BHDDH)


    19. BHDDH - Crisis Intervention Trainings. To respond to the increased volume of mental-


    20. health related calls reported by police departments, these funds shall be allocated to the crisis


    21. intervention training program to provide training every three years for law enforcement as well as


    22. continuing education opportunities.


    23. BHDDH - 9-8-8 Hotline. These funds shall be allocated for the creation of a 9-8-8 hotline


    24. to maintain compliance with the National Suicide Hotline Designation Act of 2020 and the Federal


    25. Communications Commission-adopted rules to assure that all citizens receive a consistent level of


    26. 9-8-8 and crisis behavioral health services.


    27. Rhode Island Department of Elementary and Secondary Education (ELSEC)


    28. RIDE - Adult Education Providers. These funds shall be directly distributed through the


    29. Office of Adult Education to nonprofit adult education providers to expand access to educational


    30. programs and literary services.


    31. Department of Public Safety (DPS)


    32. DPS - Support for Survivors of Domestic Violence. These funds shall be allocated to invest


    33. in the nonprofit community to provide additional housing, clinical and mental health services to


    34. victims of domestic violence and sexual assault. This includes increased investments for therapy

  1. and counseling, housing assistance, job training, relocation aid and case management.


  2. Department of Transportation


  3. DOT - RIPTA R-Line Free Service Pilot. These funds shall be allocated to the Rhode


  4. Island Public Transit Authority (RIPTA) to provide free fare bus route service along the “R Line”


  5. for a twelve (12) month period beginning September 1, 2022. RIPTA will track ridership data and


  6. submit a report to the Speaker of the House, the President of the Senate, and the Governor no later


  7. than March 1, 2024.


  8. DOT - Turnpike and Bridge Authority – Safety Barriers Study. These funds shall be used


  9. by the Turnpike and Bridge Authority to conduct a study to identify and evaluate the options to


  10. prevent and address the risk of suicide on bridges under its purview. The selection of a vendor to


  11. conduct the study shall be done through a request for proposals process.


  12. Federal Funds - Capital Projects Fund


  13. Department of Administration (DOA)


  14. DOA - CPF Administration. These funds shall be allocated to the department of


  15. administration to oversee the implementation of the Capital Projects Fund award from the


  16. American Rescue Plan Act.


  17. DOA - Municipal and Higher Ed Matching Grant Program. These funds shall be allocated


  18. to a matching fund program for cities and towns that renovate or build a community wellness center


  19. that meets the work, education and health monitoring requirements identified by the U.S.


  20. Department of the Treasury.


  21. DOA - RIC Student Services Center. These funds shall support the development of a


  22. centralized hub at Rhode Island College, where students can complete essential tasks.


  23. Executive Office of Commerce (EOC)


  24. EOC - Broadband. These funds shall be allocated to the executive office of commerce to


  25. invest in broadband projects to provide high-speed, reliable internet to all Rhode Islanders. The


  26. secretary of commerce, in partnership with the director of business regulation, will run a series of


  27. requests for proposals for broadband infrastructure projects, providing funds to municipalities,


  28. public housing authorities, business cooperatives and local internet service providers for projects


  29. targeted at those unserved and underserved by the current infrastructure as defined by national


  30. telecommunications and information administration standards. This investment shall be used to


  31. augment or provide a match for federal funds for broadband investment made available through the


  32. Infrastructure Investment and Jobs Act. These funds shall be used in accordance with the statewide


  33. broadband strategic plan and may not be obligated nor expended prior to its submission in


  34. accordance with the requirements of the Rhode Island Broadband Development Program set forth

  1. in Chapter 42-162.


  2. SECTION 17. Reappropriation of Funding for State Fiscal Recovery Fund and Capital


  3. Projects Fund. Notwithstanding any provision of general law, any unexpended and unencumbered


  4. federal funds from the State Fiscal Recovery Fund and Capital Projects Fund shall be


  5. reappropriated in the ensuing fiscal year and made available for the same purposes. However, any


  6. such reappropriations are subject to final approval by the General Assembly as part of the


  7. supplemental appropriations act.


  8. SECTION 18. State Fiscal Recovery Fund and Capital Projects Fund Compliance and


  9. Reporting. The pandemic recovery office shall be established within the department of


  10. administration to oversee all programs financed by the State Fiscal Recovery Fund or Capital


  11. Projects Fund to ensure compliance with the rules, regulations, and other guidance issued by the


  12. U.S. Department of the Treasury in accordance with the provisions of Section 9901, Subsections


  13. 602 and 604 of the American Rescue Plan Act of 2021, Pub. L. No. 117-2. The pandemic recovery


  14. office shall be responsible for submission of all reports required by the U.S. Department of the


  15. Treasury for the State Fiscal Recovery Fund and Capital Projects Fund.


  16. In consultation with the pandemic recovery office, the budget officer shall establish an


  17. allotment system such that distributions of State Fiscal Recovery Fund and Capital Projects Fund


  18. shall be made contingent upon recipients’ compliance with all state and federal rules, regulations,


  19. and guidance.


  20. SECTION 19. This article shall take effect as of July 1, 2022, except as otherwise provided


  21. herein.


  1. ARTICLE 2

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    art.002/5/002/4/002/3/002/2/002/1

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  2. RELATING TO STATE FUNDS



  3. SECTION 1. Section 16-59-9 of the General Laws in Chapter 16-59 entitled "Council on


  4. Postsecondary Education [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is


  5. hereby amended to read as follows:


  6. 16-59-9. Educational budget and appropriations.


  7. (a) The general assembly shall annually appropriate any sums it deems necessary for


  8. support and maintenance of higher education in the state and the state controller is authorized and


  9. directed to draw his or her orders upon the general treasurer for the payment of the appropriations


  10. or so much of the sums that are necessary for the purposes appropriated, upon the receipt by him


  11. or her of proper vouchers as the council on postsecondary education may by rule provide. The


  12. council shall receive, review, and adjust the budget for the office of postsecondary commissioner


  13. and present the budget as part of the budget for higher education under the requirements of § 35-3-


14 4.


  1. (b) The office of postsecondary commissioner and the institutions of public higher


  2. education shall establish working capital accounts.


  3. (c) Any tuition or fee increase schedules in effect for the institutions of public higher


  4. education shall be received by the council on postsecondary education for allocation for the fiscal


  5. year for which state appropriations are made to the council by the general assembly; provided that


  6. no further increases may be made by the board of education or the council on postsecondary


  7. education for the year for which appropriations are made. Except that these provisions shall not


  8. apply to the revenues of housing, dining, and other auxiliary facilities at the university of Rhode


  9. Island, Rhode Island college, and the community colleges including student fees as described in


  10. P.L. 1962, ch. 257 pledged to secure indebtedness issued at any time pursuant to P.L. 1962, ch. 257


  11. as amended.


  12. (d) All housing, dining, and other auxiliary facilities at all public institutions of higher


  13. learning shall be self-supporting and no funds shall be appropriated by the general assembly to pay


  14. operating expenses, including principal and interest on debt services, and overhead expenses for


  15. the facilities, with the exception of the mandatory fees covered by the Rhode Island promise


  16. scholarship program as established by § 16-107-3. Any debt-service costs on general obligation

  1. bonds presented to the voters in November 2000 and November 2004 or appropriated funds from


  2. the Rhode Island capital plan for the housing auxiliaries at the university of Rhode Island and


  3. Rhode Island college shall not be subject to this self-supporting requirement in order to provide


  4. funds for the building construction and rehabilitation program. The institutions of public higher


  5. education will establish policies and procedures that enhance the opportunity for auxiliary facilities


  6. to be self-supporting, including that all faculty provide timely and accurate copies of booklists for


  7. required textbooks to the public higher educational institution's bookstore.


  8. (e) The additional costs to achieve self-supporting status shall be by the implementation of


  9. a fee schedule of all housing, dining, and other auxiliary facilities, including but not limited to,


  10. operating expenses, principal, and interest on debt services, and overhead expenses.


  11. (f) The board of education is authorized to establish two (2) restricted-receipt accounts for


  12. the higher education and industry centers established throughout the state: one to collect lease


  13. payments from occupying companies, and fees from room and service rentals, to support the


  14. operation and maintenance of the facilities; and one to collect donations to support construction,


  15. operations and maintenance. All such revenues shall be deposited to the restricted-receipt accounts.


  16. (g) Notwithstanding subsections (a) and (d) of this section or any provisions of this title, to


  17. the extent necessary to comply with the provisions of any outstanding bonds issued by the Rhode


  18. Island health and educational building corporation or outstanding lease certificates of participation,


  19. in either case, issued for the benefit of the university of Rhode Island, the community college of


  20. Rhode Island, and/or Rhode Island college, to the extent necessary to comply with the provisions


  21. of any such bonds or certificates of participation, the general assembly shall annually appropriate


  22. any such sums it deems necessary from educational and general revenues (including, but not limited


  23. to, tuition) and auxiliary enterprise revenues derived from the university of Rhode Island, the


  24. community college of Rhode Island and Rhode Island college, to be allocated by the council on


  25. postsecondary education or by the board of trustees of the university of Rhode Island, as


  26. appropriate, in accordance with the terms of the contracts with such bondholders or certificate


  27. holders.


  28. (h) The board of education is authorized to establish a restricted-receipt account for income


  29. generated by the Rhode Island nursing education center through the rental of classrooms,


  30. laboratories, or other facilities located on the Providence campus of the nursing education center.


  31. All such revenues shall be deposited to the restricted receipt account.


  32. (i) The board of education is authorized to establish a restricted-receipt account for the


  33. receipt and expenditure of monies received from IGT Global Solutions Corporation for the purpose


  34. of financing scholarships relating to studying science, technology, engineering, or mathematics at

  1. an accredited educational institution. This account shall be housed within the budget of the office


  2. of the postsecondary commissioner and exempt from the indirect cost recovery provisions of § 35-


3 4-27.


  1. SECTION 2. Section 21-28.11-13 of the General Laws in Chapter 21-28.11 entitled "The


  2. Rhode Island Cannabis Act" is hereby amended to read as follows:


6 21-28.11-13. Taxes.


  1. (a) The following taxes are imposed on the retail sale of adult use cannabis pursuant to the


  2. provisions of this chapter.


  3. (1) Sales tax pursuant to the provisions of § 44-18-18;


  4. (2) A state cannabis excise tax equal to ten percent (10%) of each retail sale as defined in


11 § 44-18-8; and


12 (3) A local cannabis excise tax equal to three percent (3%) of each retail sale as defined in


13 § 44-18-8.


  1. (b) The assessment, collection and enforcement of the sales tax pursuant to § 44-18-18, the


  2. state cannabis excise tax, and the local cannabis excise tax shall be pursuant to the provisions of


  3. chapters 18 and 19 of title 44 and paid to the tax administrator by the retailer at the time and in the


  4. manner prescribed for sales tax in § 44-19-10. The retailer shall add the taxes imposed by this


  5. chapter to the sales price or charge, and when added, the taxes constitute a part of the price or


  6. charge, is a debt from the consumer or user to the state, and is recoverable at law in the same manner


  7. as other debts.


  8. (c) All sums received by the division of taxation under this section as local cannabis excise


  9. tax or associated amounts as penalties, forfeitures, interest, costs of suit, and fines for failure to


  10. timely report or pay the local cannabis excise tax shall be distributed at least quarterly and credited


  11. and paid by the state treasurer to the city or town where the cannabis is delivered.


  12. (d) There is created within the general fund a restricted receipt account known as the


  13. "marijuana trust fund." Revenue collected from the state cannabis excise tax or associated amounts


  14. as penalties, forfeitures, interest, costs of suit, and fines for failure to timely report or pay the state


  15. cannabis excise tax shall be deposited into this account and used to fund programs and activities


  16. related to program administration; revenue collection and enforcement; substance use disorder


  17. prevention for adults and youth; education and public awareness campaigns, including awareness


  18. campaigns relating to driving under the influence of cannabis; treatment and recovery support


  19. services; public health monitoring, research, data collection, and surveillance; law enforcement


  20. training and technology improvements, including grants to local law enforcement; and such other


  21. related uses that may be deemed necessary.

    1. (e) Revenue collected from the sales tax shall be deposited into the general fund.


    2. (f) The budget officer is hereby authorized to create restricted receipt accounts entitled


    3. "marijuana trust fund allocation" in any department or agency of state government wherein monies


    4. from the marijuana trust fund are appropriated by the general assembly for the programmatic


    5. purposes set forth in subsection (d) of this section.


    6. SECTION 3. Chapter 23-17.14 of the General Laws entitled "The Hospital Conversions


    7. Act" is hereby amended by adding thereto the following section:


    8. 23-17.14-36. Hospital conversion monitoring account.


    9. There is hereby established within the department of health, a restricted receipt account


    10. entitled "Hospital Conversion Monitoring." This account shall be used for the sole purpose to fund


    11. monitoring activities associated with hospital conversions pursuant to § 23-17.14-28(d)(1), (2), (3),


    12. and (4). Funds held in non-state escrow, whether currently existing or prospective, through


    13. agreement between the department of health and the conversion acquiror may be deposited into the


    14. restricted receipt account and disbursed, as necessary, to conduct the monitoring activities


15 associated with § 23-17.14-28(d) (1), (2), (3), and (4).


  1. SECTION 4. Section 35-1.1-5 of the General Laws in Chapter 35-1.1 entitled "Office of


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


  3. 35-1.1-5. Federal grants management.


  4. (a) The controller shall be responsible for managing federal grant applications; providing


  5. administrative assistance to agencies regarding reporting requirements; providing technical


  6. assistance; and approving agreements with federal agencies pursuant to § 35-1-1. The controller


  7. shall:


  8. (1) Establish state goals and objectives for maximizing the utilization of federal aid


  9. programs;


  10. (2) Ensure that the state establishes and maintains statewide federally mandated grants


  11. management processes and procedures as mandated by the federal Office of Management and


  12. Budget;


  13. (3) Promulgate procedures and guidelines for all state departments, agencies, advisory


  14. councils, instrumentalities of the state, and public higher education institutions covering


  15. applications for federal grants;


  16. (4) Require, upon request, any state department, agency, advisory council, instrumentality


  17. of the state, or public higher education institution receiving a grant of money from the federal


  18. government to submit a report to the controller of expenditures and program measures for the fiscal


  19. period in question;

    1. (5) Ensure state departments and agencies adhere to the requirements of § 42-41-5


    2. regarding legislative appropriation authority and delegation thereof;


    3. (6) Manage and oversee the disbursements of federal funds in accordance with § 35-6-42;


    4. (7) Prepare the statewide cost allocation plan and serve as the monitoring agency to ensure


    5. that state departments and agencies are working within the guidelines contained in the plan; and


    6. (8) Provide technical assistance to agencies to ensure resolution and closure of all single


    7. state audit findings and recommendations made by the auditor general related to federal funding.


    8. (b) The division of accounts and control shall serve as the state clearinghouse for purposes


    9. of coordinating federal grants, aid, and assistance applied for and/or received by any state


    10. department, agency, advisory council, or instrumentality of the state. Any state department, agency,


    11. advisory council, or instrumentality of the state applying for federal funds, aids, loans, or grants


    12. shall file a summary notification of the intended application with the controller.


    13. (1) When as a condition to receiving federal funds, the state is required to match the federal


    14. funds, a statement shall be filed with the notice of intent or summary of the application stating:


    15. (i) The amount and source of state funds needed for matching purposes;


    16. (ii) The length of time the matching funds shall be required;


    17. (iii) The growth of the program;


    18. (iv) How the program will be evaluated;


    19. (v) What action will be necessary should the federal funds be canceled, curtailed, or


    20. restricted; and


    21. (vi) Any other financial and program management data required by the office or by law.


    22. (2) Except as otherwise required, any application submitted by an executive agency for


    23. federal funds, aids, loans, or grants which will require state matching or replacement funds at the


    24. time of application or at any time in the future, must be approved by the director of the office of


    25. management and budget, or his or her designated agents, prior to its filing with the appropriate


    26. federal agency. Any application submitted by an executive agency for federal funds, aids, loans, or


    27. grants which will require state matching or replacement funds at the time of application or at any


    28. time in the future, when funds have not been appropriated for that express purpose, must be


    29. approved by the general assembly in accordance with § 42-41-5. When the general assembly is not


    30. in session, the application shall be reported to and reviewed by the director pursuant to rules and


    31. regulations promulgated by the director.


    32. (3) When any federal funds, aids, loans, or grants are received by any state department,


    33. agency, advisory council, or instrumentality of the state, a report of the amount of funds received


    34. shall be filed with the office; and this report shall specify the amount of funds that would reimburse

  1. an agency for indirect costs, as provided for under federal requirements.


  2. (4) The controller may refuse to issue approval for the disbursement of any state or federal


  3. funds from the state treasury as the result of any application that is not approved as provided by


  4. this section, or in regard to which the statement or reports required by this section were not filed.


  5. (5) The controller shall be responsible for the orderly administration of this section and


  6. for issuing the appropriate guidelines and regulations from each source of funds used.


  7. (c) There is hereby created in the general fund and housed within the budget of the


  8. department of administration a restricted receipt account entitled "Grants Management


  9. Administration." This account shall be used to fund centralized services relating to managing


  10. federal grant applications; providing administrative assistance to agencies regarding reporting


  11. requirements; providing technical assistance; approving agreements with federal agencies pursuant


  12. to § 35-1-1; and, may include costs associated with the development, implementation, and ongoing


  13. operation of a grants management information technology system. Every state department and


  14. agency, as defined in § 35-1-4, that receives federal assistance funds, excluding awards made


  15. directly to Rhode Island College, the Community College of Rhode Island, and the University of


  16. Rhode Island, shall set aside an amount of the funds received equal to a percentage as determined


  17. annually by the state controller multiplied by federal funds received. The state controller shall


  18. determine this rate annually in proportion with budgeted expenditures for uses consistent with the


  19. purpose of this subsection within the department of administration.


  20. For federal awards in response to the COVID-19 pandemic and subsequent stimulus


  21. awards, there is hereby authorized an additional assessment that shall be deposited into the


  22. restricted receipt account established by this subsection and shall be equal to a uniform percentage


  23. of the amount of stimulus and other awards received, excluding Medicaid and all awards made


  24. directly to Rhode Island College, the Community College of Rhode Island, and the University of


  25. Rhode Island, associated with the COVID-19 pandemic and subsequent stimulus acts. The state


  26. controller shall calculate the rate of this additional assessment, not to exceed one percent (1%) of


  27. the total awards received during a fiscal year, in proportion with budgeted expenditures necessary


  28. to finance the planning, oversight, compliance, and reporting functions within the department of


  29. administration related to federal awards issued in response to the pandemic and subsequent stimulus


  30. awards in addition to the costs of planning, development, and implementation of a grants


  31. management information technology system. The Grants Management Administration account


  32. shall not include an allocation of the State Fiscal Recovery Fund or the Coronavirus Capital Projects


  33. Fund. For the additional assessment related to federal awards issued in response to the pandemic


  34. and subsequent stimulus awards no funds shall be deposited into the restricted receipt account after

1 December 31, 2026 the federally determined end of performance period. All funds set aside and


  1. designated to be used for grants management shall be deposited into the restricted receipt account


  2. established in this subsection.


  3. Prior to any deposits being made into the restricted receipt account established by this


  4. subsection and thereafter prior to the commencement of each fiscal year, the state controller shall


  5. provide a report to the director of administration and the chairpersons of the house and senate


  6. finance committees that includes the rate and calculation thereof for the following fiscal year.


  7. SECTION 5. Section 35-4-27 of the General Laws in Chapter 35-4 entitled "State Funds"


  8. is hereby amended to read as follows:


  9. 35-4-27. Indirect cost recoveries on restricted receipt accounts.


  10. Indirect cost recoveries of ten percent (10%) of cash receipts shall be transferred from all


  11. restricted-receipt accounts, to be recorded as general revenues in the general fund. However, there


  12. shall be no transfer from cash receipts with restrictions received exclusively: (1) From contributions


  13. from nonprofit charitable organizations; (2) From the assessment of indirect cost-recovery rates on


  14. federal grant funds; or (3) Through transfers from state agencies to the department of administration


  15. for the payment of debt service. These indirect cost recoveries shall be applied to all accounts,


  16. unless prohibited by federal law or regulation, court order, or court settlement. The following


  17. restricted receipt accounts shall not be subject to the provisions of this section:


  18. Executive Office of Health and Human Services


  19. Organ Transplant Fund


  20. HIV Care Grant Drug Rebates


  21. Health System Transformation Project


  22. Rhode Island Statewide Opioid Abatement Account


  23. HCBS Support- ARPA


  24. HCBS Admin Support- ARPA


  25. Department of Human Services


  26. Veterans' home — Restricted account


  27. Veterans' home — Resident benefits


  28. Pharmaceutical Rebates Account


  29. Demand Side Management Grants


  30. Veteran's Cemetery Memorial Fund


  31. Donations — New Veterans' Home Construction


  32. Department of Health


  33. Pandemic medications and equipment account

  1. Miscellaneous Donations/Grants from Non-Profits


  2. State Loan Repayment Match


  3. Healthcare Information Technology


  4. Department of Behavioral Healthcare, Developmental Disabilities and Hospitals


  5. Eleanor Slater non-Medicaid third-party payor account


  6. Hospital Medicare Part D Receipts


  7. RICLAS Group Home Operations


  8. Commission on the Deaf and Hard of Hearing


  9. Emergency and public communication access account


  10. Department of Environmental Management


  11. National heritage revolving fund


  12. Environmental response fund II


  13. Underground storage tanks registration fees


  14. De Coppet Estate Fund


  15. Rhode Island Historical Preservation and Heritage Commission


  16. Historic preservation revolving loan fund


  17. Historic Preservation loan fund — Interest revenue


  18. Department of Public Safety


  19. E-911 Uniform Emergency Telephone System


  20. Forfeited property — Retained


  21. Forfeitures — Federal


  22. Forfeited property — Gambling


  23. Donation — Polygraph and Law Enforcement Training


  24. Rhode Island State Firefighter's League Training Account


  25. Fire Academy Training Fees Account


  26. Attorney General


  27. Forfeiture of property


  28. Federal forfeitures


  29. Attorney General multi-state account


  30. Forfeited property — Gambling


  31. Department of Administration


  32. OER Reconciliation Funding


  33. Health Insurance Market Integrity Fund


  34. RI Health Benefits Exchange

  1. Information Technology Investment Fund


  2. Restore and replacement — Insurance coverage


  3. Convention Center Authority rental payments


  4. Investment Receipts — TANS


  5. OPEB System Restricted Receipt Account


  6. Car Rental Tax/Surcharge-Warwick Share


  7. Grants Management Administration


  8. Executive Office of Commerce


  9. Housing Resources Commission Restricted Account


  10. Housing Production Fund


  11. Department of Revenue


  12. DMV Modernization Project


  13. Jobs Tax Credit Redemption Fund


  14. Legislature


  15. Audit of federal assisted programs


  16. Department of Children, Youth and Families


  17. Children's Trust Accounts — SSI


  18. Military Staff


  19. RI Military Family Relief Fund


  20. RI National Guard Counterdrug Program


  21. Treasury


  22. Admin. Expenses — State Retirement System


  23. Retirement — Treasury Investment Options


  24. Defined Contribution — Administration - RR


  25. Violent Crimes Compensation — Refunds


  26. Treasury Research Fellowship


  27. Business Regulation


  28. Banking Division Reimbursement Account


  29. Office of the Health Insurance Commissioner Reimbursement Account


  30. Securities Division Reimbursement Account


  31. Commercial Licensing and Racing and Athletics Division Reimbursement Account


  32. Insurance Division Reimbursement Account


  33. Historic Preservation Tax Credit Account


  34. Marijuana Trust Fund

  1. Social Equity Assistance Fund


  2. Judiciary


  3. Arbitration Fund Restricted Receipt Account


  4. Third-Party Grants


  5. RI Judiciary Technology Surcharge Account


  6. Department of Elementary and Secondary Education


  7. Statewide Student Transportation Services Account


  8. School for the Deaf Fee-for-Service Account


  9. School for the Deaf — School Breakfast and Lunch Program


  10. Davies Career and Technical School Local Education Aid Account


  11. Davies — National School Breakfast & Lunch Program


  12. School Construction Services


  13. Office of the Postsecondary Commissioner


  14. Higher Education and Industry Center


  15. IGT STEM Scholarships


  16. Department of Labor and Training


  17. Job Development Fund


  18. Rhode Island Council on the Arts


  19. Governors' Portrait Donation Fund


  20. Statewide records management system account


  21. SECTION 6. Section 39-1-42 of the General Laws in Chapter 39-1 entitled "Public Utilities


  22. Commission" is hereby amended to read as follows:


  23. 39-1-42. Access to telephone information services for persons with disabilities.


  24. (a) The public utilities commission shall establish, administer, and promote an information


  25. accessibility service that includes:


  26. (1) A statewide telephone relay service and, through the competitive bidding process,


  27. contract for the administration and operation of such a relay system for utilization of the


  28. telecommunications network by deaf, hard-of-hearing and speech-impaired persons;


  29. (2) The adaptive telephone equipment loan program capable of servicing the needs of


  30. persons who are deaf, hard of hearing, severely speech impaired, or those with neuromuscular


  31. impairments for use with a single-party telephone line, or wireless telephone, to any subscriber who


  32. is certified as deaf, hard of hearing, severely speech impaired, or with neuromuscular impairments


  33. by a licensed physician, audiologist, speech pathologist, or a qualified state agency, pursuant to


  34. chapter 23 of this title; and

    1. (3) A telephone access to the text of newspaper programs to residents who are blind, deaf


    2. or blind, visually impaired, or reading impaired with a single-party telephone line.


    3. (b) The commission shall establish, by rule or regulation, an appropriate funding


    4. mechanism to recover the costs of providing this service from each residence and business


    5. telephone access line or trunk in the state, including PBX trunks and centrex equivalent trunks and


    6. each service line or trunk, and upon each user interface number or extension number or similarly


    7. identifiable line, trunk, or path to or from a digital network. Notwithstanding the foregoing, there


    8. shall not be any additional funding mechanism used to charge each residence and business


    9. telephone access line or trunk in the state, including PBX trunks and centrex equivalent trunks and


    10. each service line or trunk, or upon each user interface number or extension number or similarly


    11. identifiable line, trunk, or path to or from a digital network, to recover the costs of providing the


    12. services outlined in subsection (a)(1), (2) or (3) above.


    13. (c) The commission, with the assistance of the state commission on the deaf and hard of


    14. hearing, shall also develop the appropriate rules, regulations, and service standards necessary to


    15. implement the provisions of subsection (a)(1). At a minimum, however, the commission shall


    16. require, under the terms of the contract, that the relay service provider:


    17. (1) Offer its relay services seven (7) days a week, twenty-four (24) hours a day, including


    18. holidays;


    19. (2) Hire only qualified salaried operators with deaf language skills; and


    20. (3) Maintain the confidentiality of all communications.


    21. (d) The commission shall collect from the telecommunications service providers the


    22. amounts of the surcharge collected from their subscribers and remit to the department of human


    23. services an additional ten thousand dollars ($10,000) annually commencing in fiscal year 2005 for


    24. the adaptive telephone equipment loan program and forty thousand dollars ($40,000) to the


    25. department of human services for the establishment of a new telephone access to the text of


    26. newspaper programs. In addition, eighty thousand dollars ($80,000) one hundred thousand dollars


    27. ($100,000) shall annually be remitted to the Rhode Island commission on the deaf and hard of


    28. hearing for an emergency and public communication access program, pursuant to § 23-1.8-4. The


    29. surcharge referenced hereunder shall be generated from existing funding mechanisms and shall not


    30. be generated as a result of any new funding mechanisms charged to each residence and business


    31. telephone access line or trunk in the state, including PBX trunks and centrex equivalent trunks and


    32. each service line or trunk, or upon each user interface number or extension number or similarly


    33. identifiable line, trunk, or path to or from a digital network.


    34. SECTION 7. Section 42-7.2-10 of the General Laws in Chapter 42-7.2 entitled "Office of

  1. Health and Human Services" is hereby amended to read as follows:


  2. 42-7.2-10. Appropriations and disbursements.


  3. (a) The general assembly shall annually appropriate such sums as it may deem necessary


  4. for the purpose of carrying out the provisions of this chapter. The state controller is hereby


  5. authorized and directed to draw his or her orders upon the general treasurer for the payment of such


  6. sum or sums, or so much thereof as may from time to time be required, upon receipt by him or her


  7. of proper vouchers approved by the secretary of the executive office of health and human services,


  8. or his or her designee.


  9. (b) For the purpose of recording federal financial participation associated with qualifying


  10. healthcare workforce development activities at the state's public institutions of higher education,


  11. and pursuant to the Rhode Island designated state health programs (DSHP), as approved by the


  12. Centers for Medicare & Medicaid Services (CMC) October 20, 2016, in the 11-W-00242/1


  13. amendment to Rhode Island's section 1115 Demonstration Waiver, there is hereby established a


  14. restricted-receipt account entitled "Health System Transformation Project" in the general fund of


  15. the state and included in the budget of the office of health and human services.


  16. (c) There are hereby created within the general fund of the state and housed within the


  17. budget of the office of health and human services two restricted receipt accounts, respectively


  18. entitled "HCBS Support-ARPA" and HCBS Admin Support-ARPA". Amounts deposited into these


  19. accounts are equivalent to the general revenue savings generated by the enhanced federal match


  20. received on eligible home and community-based services between April 1, 2021 and March 31,


  21. 2022, allowable under Section 9817 of the American Rescue Plan Act of 2021, P.L. 117-2. Funds


  22. deposited into the "HCBS Support- ARPA" account will used to finance the state share of newly


  23. eligible medicaid expenditures by the office of health and human services and its sister agencies,


  24. including the department of children, youth, and families, the department of health, and the


  25. department of behavioral healthcare, developmental disabilities and hospitals. Funds deposited into


  26. the "HCBS Admin Support-ARPA" account will be used to finance the state share of allowable


  27. administrative expenditures attendant to the implementation of these newly eligible medicaid


  28. expenditures. The accounts created under this subsection shall be exempt from the indirect cost


  29. recovery provisions of § 35-4-27 of the Rhode Island general laws.


  30. (d) There is hereby created within the general fund of the state and housed within the budget


  31. of the office of health and human services a restricted receipt account entitled "Rhode Island


  32. Statewide Opioid Abatement Account" for the purpose of receiving and expending monies from


  33. settlement agreements with opioid manufacturers, pharmaceutical distributors, pharmacies, or their


  34. affiliates, as well as monies resulting from bankruptcy proceedings of the same entities. The

  1. executive office of health and human services shall deposit any revenues from such sources that


  2. are designated for opioid abatement purposes into the restricted receipt account. Funds from this


  3. account shall only to be used for forward-looking opioid abatement efforts as defined and limited


  4. by any settlement agreements, state-city and town agreements, or court orders pertaining to the use


  5. of such funds. By January 1 of each calendar year, the secretary of health and human services shall


  6. report to the governor, the speaker of the house of representatives, the president of the senate, and


  7. the attorney general on the expenditures that were funded using monies from the Rhode Island


  8. statewide opioid abatement account and the amount of funds spent. The account created under this


  9. subsection shall be exempt from the indirect cost recovery provisions of § 35-4-27 of the Rhode


  10. Island General Laws. No governmental entity has the authority to assert a claim against the entities


  11. with which the attorney general has entered into settlement agreements concerning the


  12. manufacturing, marketing, distributing, or selling of opioids that are the subject of the Rhode Island


  13. Memorandum of Understanding Between the State and Cities and Towns Receiving Opioid


  14. Settlement Funds executed by every city and town and the attorney general and wherein every city


  15. and town agreed to release all such claims against these settling entities, and any amendment


  16. thereto. Governmental entity means any state or local governmental entity or sub-entity and


  17. includes, but is not limited to, school districts, fire districts, and any other such districts. The claims


  18. that shall not be asserted are the released claims, as that term is defined in the settlement agreements


  19. executed by the attorney general, or, if not defined therein, the claims sought to be released in such


  20. settlement agreements.


  21. SECTION 8. Section 7 of this Article shall take effect as of July 1, 2021. Sections 1 through


  22. 6 of this Article shall take effect as of July 1, 2022.

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art.003/12/003/11/003/10/003/9/003/8/003/7/003/6/003/5/003/4/003/1

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  1. ARTICLE 3 AS AMENDED


  2. RELATING TO GOVERNMENT REFORM AND REORGANIZATION



  3. SECTION 1. Section 3-7-14.2 of the General Laws in Chapter 3-7 entitled "Retail


  4. Licenses" is hereby amended to read as follows:


  5. 3-7-14.2. Class P licenses -- Caterers.


  6. (a) A caterer licensed by the department of health and the division of taxation shall be


  7. eligible to apply for a Class P license from the department of business regulation. The department


  8. of business regulation is authorized to issue all caterers' licenses. The license will be valid


  9. throughout this state as a state license and no further license will be required or tax imposed by any


  10. city or town upon this alcoholic beverage privilege. Each caterer to which the license is issued shall


  11. pay to the department of business regulation an annual fee of five hundred dollars ($500) for the


  12. license, and one dollar ($1.00) for each duplicate of the license, which fees are paid into the state


  13. treasury. The department is authorized to promulgate rules and regulations for the implementation


  14. of this license. In promulgating said rules, the department shall include, but is not limited to, the


  15. following standards:


  16. (1) Proper identification will be required for individuals who look thirty (30) years old or


  17. younger and who are ordering alcoholic beverages;


  18. (2) Only valid ID's as defined by these titles are acceptable;


  19. (3) An individual may not be served more than two (2) drinks at a time;


  20. (4) Licensee's, their agents, or employees will not serve visibly intoxicated individuals;


  21. (5) Licensee's may only serve alcoholic beverages for no more than a five (5) hour period


  22. per event;


  23. (6) Only a licensee, or its employees, may serve alcoholic beverages at the event;


  24. (7) The licensee will deliver and remove alcoholic beverages to the event; and


  25. (8) No shots or triple alcoholic drinks will be served.


  26. (b) Any bartender employed by the licensee shall be certified by a nationally recognized


  27. alcohol beverage server training program.


  28. (c) The licensee shall purchase at retail all alcoholic beverages from a licensed Class A


  29. alcohol retail establishment located in the state, provided, however, any licensee who also holds a


  30. Class T license, issued pursuant to the provisions of § 3-7-7, shall be allowed to purchase

    1. alcoholic beverages at wholesale. Any person violating this section shall be fined five hundred


    2. dollars ($500) for this violation and shall be subject to license revocation. The provisions of this


    3. section shall be enforced in accordance with this title.


    4. (d) Violation of subsection (a) of this section is punishable upon conviction by a fine of


    5. not more than five hundred dollars ($500). Fines imposed under this section shall be paid to the


    6. department of business regulation.


    7. SECTION 2. Sections 5-2-1, 5-2-2, 5-2-3 and 5-2-9 of the General Laws in Chapter 5-2


    8. entitled "Bowling Alleys, Billiard Tables, and Shooting Galleries" are hereby amended to read as


    9. follows:


    10. 5-2-1. City and town regulation and taxation of bowling alleys and billiard tables City


    11. and town regulation and taxation of bowling alleys and establishments with three (3) or more


    12. billiard tables.


    13. The town and city councils of the several towns and cities may tax, regulate, and, if they


    14. find it expedient, prohibit and suppress, bowling alleys and establishments with three (3) or more


    15. billiard tables in their respective cities and towns, conforming to law.


    16. 5-2-2. Refusal of bowling alley, box ball alley, or billiard table keeper to comply with


    17. order of the city or town council.


    18. The keeper of any bowling alley, box ball alley, or establishment with three (3) or more


    19. billiard table tables who refuses or neglects to comply with an order or decree relating to it, which


    20. any city or town council is authorized to make, shall be fined fifty dollars ($50.00).


    21. 5-2-3. Keeper of bowling alley, box ball alley, or billiard table defined.


    22. The owner or occupant of the premises on which any bowling alley, box ball alley, or three


    23. (3) or more billiard table is tables are situated is deemed the keeper of that bowling alley, box ball


    24. alley, or (3) or more billiard table tables, within the meaning of the provisions of this chapter.


    25. 5-2-9. Sunday operation of bowling alleys and billiard tables.


    26. (a) Town or city councils or licensing authorities in any city or town may permit licensees


    27. operating bowling alleys, or persons paying a tax for the operation of a bowling alley, to operate


    28. rooms or places where bowling, or playing of billiards, or pocket billiards at establishments with


    29. three (3) or more billiard tables for a fee or charge may be engaged in by patrons of those rooms or


    30. places on the first day of the week, subject to any restrictions and regulations that the city or town


    31. council or licensing authority designates; provided, that the operation of bowling alleys or rooms


    32. or places where bowling, playing of billiards, or pocket billiards at establishments with three (3) or


    33. more billiard tables for a fee or charge is permitted on the first day of the week only between the


    34. hours of one o'clock (1:00) p.m. and twelve o'clock (12:00) midnight; and provided, that no bowling

  1. alley or rooms or places where bowling, playing of billiards, or pocket billiards for a fee or charge


  2. is operated on the first day of the week within two hundred feet (200') of a place of public worship


  3. used for public worship.


  4. (b) The operation of any bowling alley, room, or place between any hour on the last day of


  5. the week and one o'clock (1:00) a.m. on the first day of the week is not a violation of this section.


  6. SECTION 3. Chapter 5-2 of the General Laws entitled "Bowling Alleys, Billiard Tables,


  7. and Shooting Galleries" is hereby amended by adding thereto the following section:


  8. 5-2-3.1. Billiard table defined.


  9. As used in this chapter, the term "billiard table" means and shall include billiard tables,


  10. pool tables, and pocket billiard tables.


  11. SECTION 4. Chapter 5-12 of the General Laws entitled "Hide and Leather Inspection" is


  12. hereby repealed.


  13. 5-12-1. Town and city inspectors.


  14. There may be annually elected by the town councils of the several towns and by the city


  15. councils of Providence and Newport an officer to be denominated "inspector of hides and leather,"


  16. who shall be sworn to the faithful discharge of his or her duties.


  17. 5-12-2. Inspection and stamping of hides and leather.


  18. City and town inspectors of hides and leather shall examine and inspect all hides and leather


  19. that they may be called upon to inspect, within their towns or cities, and stamp upon the inspected


  20. hides or leather their quality, as rated in the hides and leather trade, together with the name of the


  21. inspector and date of inspection.


  22. 5-12-3. Inspection fees.


  23. The fee of the inspector shall be at the rate of one dollar ($1.00) per hour for each hour


  24. actually employed, paid by the person employing him or her; provided, that not more than five (5)


  25. hours shall be paid for by one employer for the same day.


  26. 5-12-4. Misconduct by inspectors.


  27. Every inspector appointed under the provisions of this chapter who willfully stamps any


  28. hides or leather as of a grade above or below that at which it is properly ratable, shall forfeit and


  29. pay a penalty of one hundred dollars ($100) and is liable to an action at law for damages to any


  30. person injured from the action.


  31. SECTION 5. Section 5-71-8 of the General Laws in Chapter 5-71 entitled "Licensure of


  32. Interpreters for the Deaf" is hereby amended to read as follows:


  33. 5-71-8. Qualifications of applicants for licenses.


  34. (a) To be eligible for licensure by the board as an interpreter for the deaf or transliterator,

    1. the applicant must submit written evidence on forms furnished by the department, verified by oath,


    2. that the applicant meets all of the following requirements:


    3. (1) Is of good moral character;


    4. (2) Meets the screened requirements as defined in regulations promulgated by the


    5. department or meets the certification requirements set forth by RID or its successor agency


    6. approved by the department in consultation with the board;


    7. (3) Pays the department a license fee as set forth in § 23-1-54;


    8. (4) Adheres to the National Association of the Deaf (NAD) and the Registry of Interpreters


    9. for the Deaf, Inc. (RID) code of professional conduct; and


    10. (5) Provides verification of a background check with the bureau of criminal investigation


    11. in the office of attorney general at the time of the initial application for license.


    12. (b) To be eligible for licensure by the board as an educational interpreter for the deaf, the


    13. applicant must meet all of the requirements as described in subsection (a) and must further present


    14. proof of successful completion of the educational interpreter performance assessment (EIPA),


    15. written and performance tests, or a similar test as approved by the board, at a performance level


    16. established by the board.


    17. (c) An individual whose license, certification, permit, or equivalent form of permission


    18. issued within another state has been revoked, suspended, or currently placed on probation shall not


    19. be eligible for consideration for licensure unless they have first disclosed to the department about


    20. such disciplinary actions.


    21. SECTION 6. Sections 9-5-10.1, 9-5-10.5 and 9-5-10.6 of the General Laws in Chapter 9-


    22. 5 entitled "Writs, Summons and Process" are hereby amended to read as follows:


    23. 9-5-10.1. Certification of constables.


    24. (a) (1) A person at least twenty-one (21) years of age who complies with the statute and


    25. the requirements set forth in any regulations promulgated by the department of business regulation


26 may file an application with the department requesting that the applicant be certified as a constable.


  1. Once issued by the department, the certification shall be effective for a period of two (2) years or


  2. until the approval is withdrawn by the department. A certified constable shall be entitled to serve


  3. or execute writs and process in such capacity for any court of the state, anywhere in the state,


  4. subject to any terms and limitations as set forth by the court, and in such number as determined by


  5. the chief judge of the district court.


  6. (2) A person to be certified as a constable shall provide documentation and evidence


  7. satisfactory to the department of business regulations that the person possesses the specified


  8. minimum qualifications to include:

    1. (i) Sixty (60) hours of earned credit from an accredited college, university, or institution;


    2. or


    3. (ii) Four (4) years of honorable military service; or


    4. (iii) Twenty (20) years of honorable service with a local, state, or federal law enforcement


    5. agency; and


    6. (iv) United State citizenship; and


    7. (v) Possession of a valid motor vehicle operator's license; and


    8. (vi) Successful completion of unlawful drug use screening; and


    9. (vii) Successful completion of psychological testing approved by the department of


    10. business regulation.


    11. (b) Certification process.


    12. (1) Application.


    13. (i) Any person seeking certification pursuant to this section shall complete an application


    14. and submit it to the department of business regulation in the form designated by the department for


    15. such applications.


    16. (ii) The application shall include information determined by the department to be relevant


    17. to licensure and shall include a national criminal background check.


    18. (2) Referral to certified constables' board. Once the applicant has provided a completed


    19. application, the department shall refer the applicant to the certified constables' board by providing


    20. a copy of the application to the board and to the chief judge of the district court.


    21. (3) Training.


    22. (i) Following review of the application, the board shall determine whether the applicant


    23. should be recommended for training by the board to be conducted by a volunteer training constable.


    24. If the board determines that training is appropriate, the applicant shall be assigned to a training


    25. constable who shall be a constable in good standing for a minimum of ten (10) years and who is


    26. approved by the chief judge of the district court to train prospective constables department.


    27. (ii) Training shall consist of a minimum of ninety (90) hours to be completed no sooner


    28. than ninety (90) days from the date of the referral by the board. The department may waive the


    29. training requirement of this section for an applicant who has graduated from a certified police or


    30. law enforcement academy and who has a minimum of twenty (20) years of honorable service as a


    31. police or law enforcement officer.


    32. (iii) Within thirty (30) days from the conclusion of training, a written report shall be


    33. submitted by the training constable to the board with a copy to the department that reflects the dates


    34. and times of training and comments on the aptitude of the trainee.

      1. (iv) If the board concludes that training is not appropriate or if the report of the training


      2. constable concludes that the applicant does not have the aptitude to perform the duties of a


      3. constable, the board shall so inform the department which shall deny the application on that basis.


      4. (4) Oral and written tests.


      5. (i) Upon the successful completion of the training period and recommendation from the


      6. training constable, within ninety (90) days, the applicant shall complete an oral examination on the


      7. legal and practical aspects of certified constables' duties that shall be created and administered by


      8. the board.


      9. (ii) Upon the successful completion of the oral examination, within sixty (60) days the


      10. applicant must complete a written test created by the board and approved by the chief judge of the


      11. district court department that measures the applicant's knowledge of state law and court procedure.


      12. (iii) If the board concludes that the applicant has not successfully passed either the oral or


      13. written test, the board shall so inform the department which shall deny the application on that basis.


      14. (5) Final review. The department shall review the application, training record, test scores,


      15. and such other information or documentation as required and shall determine whether the applicant


      16. shall be approved for certification and the person authorized to serve process in the state.


      17. (c) Any person certified as a constable on the effective date of this act shall continue to be


      18. certified without complying with the certification requirements prescribed by this act.


      19. 9-5-10.5. Suspension, revocation or review of certification of certified constables.


      20. (a) Upon the receipt of a written complaint, request of the board, request of a judge of any


      21. court, or upon its own initiative, the department shall ascertain the facts and, if warranted, hold a


      22. hearing for the reprimand, suspension, or revocation of a certification. The director, or his or her


      23. designee, has the power to refuse a certification for cause or to suspend or revoke a certification or


      24. place an applicant on probation for any of the following reasons:


      25. (1) The certification was obtained by false representation or by fraudulent act or conduct;


      26. (2) Failure to report to the department any of the following within thirty (30) days of the


      27. occurrence:


      28. (i) Any criminal prosecution taken in any jurisdiction. The constable shall provide the


      29. initial complaint filed and any other relevant legal documents;


      30. (ii) Any change of name, address or other contact information;


      31. (iii) Any administrative action taken against the constable in any jurisdiction by any


      32. government agency within or outside of this state. The report shall include a copy of all relevant


      33. legal documents.


      34. (3) Failure to respond to the department within ten (10) days to any written inquiry from

  1. the department;


  2. (4) Where a certified constable, in performing or attempting to perform any of the acts


  3. mentioned in this section, is found to have committed any of the following:


  4. (i) Inappropriate conduct that fails to promote public confidence, including failure to


  5. maintain impartiality, equity, and fairness in the conduct of his or her duties;


  6. (ii) Neglect, misfeasance, or malfeasance of his or her duties;


  7. (iii) Failure to adhere to court policies, rules, procedures, or regulations;


  8. (iv) Failure to maintain the highest standards of personal integrity, honesty, and


  9. truthfulness, including misrepresentation, bad faith, dishonesty, incompetence, or an arrest or


  10. conviction of a crime.


  11. (5) A copy of the determination of the director of department of business regulation, or his


  12. or her designee, shall be forwarded to the chief judge of the district court within ten (10) business


  13. days.


  14. (b) Nothing herein shall be construed to prohibit the chief of any court from suspending


  15. the certification of a constable to serve process within his or her respective court pending the


  16. outcome of an investigation consistent with the provisions of chapter 35 of title 42.


  17. (c) The department is authorized to levy an administrative penalty not exceeding one


  18. thousand dollars ($1,000) for each violation for failure to comply with the provisions of this chapter


  19. or with any rule or regulation promulgated by the department.


  20. 9-5-10.6. Certified constables' board.


  21. (a) There shall be created a certified constables' board that shall review each applicant and


  22. recommend him or her for training, conduct the oral examination of each applicant, and that shall


  23. serve as a resource to the chief judge and the department in the consideration of the practical aspects


  24. of constable practice. The board shall consist of five (5) members appointed by the governor: two


  25. (2) who shall be constables in good standing who have served for at least ten (10) years, one of


  26. whom shall be appointed recommended by the Rhode Island Constables, Inc. and one appointed


  27. recommended by the Rhode Island Constables Association; and three (3) attorneys who shall be


  28. licensed to practice law by the supreme court in good standing who shall be appointed by the chief


  29. judge of the district court. Members of the constables' board shall serve for terms of five (5) years


  30. until a successor is appointed and qualified.


  31. (b) A representative of the board may attend hearings in order to furnish advice to the


  32. department. The board may also consult with the department of business regulation from time to


  33. time on matters relating to constable certification.


  34. SECTION 7. Chapter 28.10 of the General Laws entitled "Opioid Stewardship Act" is

    1. hereby amended by adding thereto the following section:


    2. 21-28.10-14. Transfer of powers and duties.


    3. The employee responsible for performing fiscal functions associated with the management


    4. of the opioid stewardship fund within the department of health shall be transferred to the executive


    5. office.


6 SECTION 8. Sections 21-28.10-1, 21-28.10-2, 21-28.10-3, 21-28.10-4, 21-28.10-5, 21-


7 28.10-6, 21-28.10-7, 21-28.10-8, 21-28.10-9, 21-28.10-10, 21-28.10-11 and 21-28.10-13 of the


  1. General Laws in Chapter 28.10 entitled "Opioid Stewardship Act" are hereby amended to read as


  2. follows:


10 21-28.10-1. Definitions.


  1. Unless the context otherwise requires, the following terms shall be construed in this chapter


  2. to have the following meanings:


  3. (1) "Department" means the Rhode Island department of health.


  4. (2) "Director" means the director of the Rhode Island department of health.


  5. (3)(1) "Distribute" means distribute as defined in § 21-28-1.02.


  6. (4)(2) "Distributor" means distributor as defined in § 21-28-1.02.


  7. (5)(3) "Executive Office" means the executive office of health and human services.


  8. (5)(4) "Manufacture" means manufacture as defined in § 21-28-1.02.


  9. (6)(5) "Manufacturer" means manufacturer as defined in § 21-28-1.02.


  10. (7)(6) "Market share" means the total opioid stewardship fund amount measured as a


  11. percentage of each manufacturer's, distributor's and wholesaler's gross, in-state opioid sales in


  12. dollars from the previous calendar year as reported to the U.S. Drug Enforcement Administration


  13. (DEA) on its Automation of Reports and Consolidated Orders System (ARCOS) report.


  14. (7) "Secretary" means the secretary of the executive office of health and human services.


  15. (8) "Wholesaler" means wholesaler as defined in § 21-28-1.02.


  16. 21-28.10-2. Opioid registration fee imposed on manufacturers, distributors, and


  17. wholesalers.


  18. All manufacturers, distributors, and wholesalers licensed or registered under this title or


  19. chapter 19.1 of title 5 (hereinafter referred to as "licensees"), that manufacture or distribute opioids


  20. shall be required to pay an opioid registration fee. On an annual basis, the director secretary shall


  21. certify the amount of all revenues collected from opioid registration fees and any penalties imposed,


  22. to the general treasurer. The amount of revenues so certified shall be deposited annually into the


  23. opioid stewardship fund restricted receipt account established pursuant to § 21-28.10-10.


  24. 21-28.10-3. Determination of market share and registration fee.

  1. (1) The total opioid stewardship fund amount shall be five million dollars ($5,000,000)


  2. annually, subject to downward adjustments pursuant to § 21-28.10-7.


  3. (2) Each manufacturer's, distributor's, and wholesaler's annual opioid registration fee shall


  4. be based on that licensee's in-state market share.


  5. (3) The following sales will not be included when determining a manufacturer's,


  6. distributor's, or wholesaler's market share:


  7. (i) The gross, in-state opioid sales attributed to the sale of buprenorphine or methadone;


  8. (ii) The gross, in-state opioid sales sold or distributed directly to opioid treatment


  9. programs, data-waivered practitioners, or hospice providers licensed pursuant to chapter 17 of title


10 23;


  1. (iii) Any sales from those opioids manufactured in Rhode Island, but whose final point of


  2. delivery or sale is outside of Rhode Island;


  3. (iv) Any sales of anesthesia or epidurals as defined in regulation by the department; and


  4. (v) Any in-state intracompany transfers of opioids between any division, affiliate,


  5. subsidiary, parent, or other entity under complete and common ownership and control.


  6. (4) The department executive office shall provide to the licensee, in writing, on or before


17 October 15, 2019 annually, the licensee's market share for the 2018 previous calendar year.


18 Thereafter, tThe department executive office shall notify the licensee, in writing, on or before


19 October 15 of each year, of its market share for the prior calendar year based on the opioids sold


  1. or distributed for the prior calendar year.


  2. 21-28.10-4. Reports and records.


  3. (a) Each manufacturer, distributor, and wholesaler licensed to manufacture or distribute


  4. opioids in the state of Rhode Island shall provide to the director secretary a report detailing all


  5. opioids sold or distributed by that manufacturer or distributor in the state of Rhode Island. Such


  6. report shall include:


  7. (1) The manufacturer's, distributor's, or wholesaler's name, address, phone number, DEA


  8. registration number, and controlled substance license number issued by the department;


  9. (2) The name, address, and DEA registration number of the entity to whom the opioid was


  10. sold or distributed;


  11. (3) The date of the sale or distribution of the opioids;


  12. (4) The gross receipt total, in dollars, of all opioids sold or distributed;


  13. (5) The name and National Drug Code of the opioids sold or distributed;


  14. (6) The number of containers and the strength and metric quantity of controlled substance


  15. in each container of the opioids sold or distributed; and

    1. (7) Any other elements as deemed necessary or advisable by the director secretary.


    2. (b) Initial and future reports. This information shall be reported annually to the department


    3. executive office via ARCOS or in such other form as defined or approved by the director secretary;


    4. provided, however, that the initial report provided pursuant to subsection (a) shall consist of all


    5. opioids sold or distributed in the state of Rhode Island for the 2018 calendar year, and shall be


    6. submitted by September 1, 2019. Subsequent annual reports shall be submitted by April 15 of each


    7. year based on the actual opioid sales and distributions of the prior calendar year.


    8. 21-28.10-5. Payment of market share.


    9. The licensee shall make payments annually to the department executive office with the first


    10. payment of its market share due on December 31, 2019; provided, that the amount due on December


    11. 31, 2019, shall be for the full amount of the payment for the 2018 calendar year, with subsequent


    12. payments to be due and owing on the last day of every year thereafter.


    13. 21-28.10-6. Rebate of market share.


    14. In any year for which the director secretary determines that a licensee failed to report


    15. information required by this chapter, those licensees complying with this chapter shall receive a


    16. reduced assessment of their market share in the following year equal to the amount in excess of any


    17. overpayment in the prior payment period.


    18. 21-28.10-7. Licensee opportunity to appeal.


    19. (a) A licensee shall be afforded an opportunity to submit information to the department


    20. secretary documenting or evidencing that the market share provided to the licensee (or amounts


    21. paid thereunder), pursuant to § 21-28.10-3(4), is in error or otherwise not warranted. The


    22. department executive office may consider and examine such additional information that it


    23. determines to be reasonably related to resolving the calculation of a licensee's market share, which


24 may require the licensee to provide additional materials to the department executive office. If the


  1. department executive office determines thereafter that all or a portion of such market share, as


  2. determined by the director secretary pursuant to § 21-28.10-3(4), is not warranted, the department


  3. executive office may:


  4. (1) Adjust the market share;


  5. (2) Adjust the assessment of the market share in the following year equal to the amount in


  6. excess of any overpayment in the prior payment period; or


  7. (3) Refund amounts paid in error.


  8. (b) Any person aggrieved by a decision of the department executive office relating to the


  9. calculation of market share may appeal that decision to the superior court, which shall have power


  10. to review such decision, and the process by which such decision was made, as prescribed in chapter

  1. 35 of title 42.


  2. (c) A licensee shall also have the ability to appeal its assessed opioid registration fee if the


  3. assessed fee amount exceeds the amount of profit the licensee obtains through sales in the state of


  4. products described in § 21-28.10-3. The department executive office may, exercising discretion as


  5. it deems appropriate, waive or decrease fees as assessed pursuant to § 21-28.10-3 if a licensee can


  6. demonstrate that the correctly assessed payment will pose undue hardship to the licensee's


  7. continued activities in state. The department executive office shall be allowed to request, and the


  8. licensee shall furnish to the department, any information or supporting documentation validating


  9. the licensee's request for waiver or reduction under this subsection. Fees waived under this section


  10. shall not be reapportioned to other licensees which have payments due under this chapter.


  11. 21-28.10-8. Departmental annual reporting Annual reporting.


  12. By January of each calendar year, the department of health, the department of behavioral


  13. healthcare, developmental disabilities and hospitals (BHDDH), the executive office of health and


  14. human services (EOHHS), the department of children, youth and families (DCYF), the Rhode


  15. Island department of education (RIDE), the Rhode Island office of veterans services, the


  16. department of corrections (DOC), the department of labor and training (DLT), and any other


  17. department or agency receiving opioid stewardship funds shall report annually to the governor, the


  18. speaker of the house, and the senate president which programs in their respective departments were


  19. funded using monies from the opioid stewardship fund and the total amount of funds spent on each


  20. program.


21 21-28.10-9. Penalties.


  1. (a) The department executive office may assess a civil penalty in an amount not to exceed


  2. one thousand dollars ($1,000) per day against any licensee that fails to comply with this chapter.


  3. (b) (1) In addition to any other civil penalty provided by law, where a licensee has failed


  4. to pay its market share in accordance with § 21-28.10-5, the department executive office may also


  5. assess a penalty of no less than ten percent (10%) and no greater than three hundred percent (300%)


  6. of the market share due from such licensee.


  7. (2) In addition to any other criminal penalty provided by law, where a licensee has failed


  8. to pay its market share in accordance with § 21-28.10-5, the department executive office may also


  9. assess a penalty of no less than ten percent (10%) and no greater than fifty percent (50%) of the


  10. market share due from such licensee.


  11. 21-28.10-10. Creation of opioid stewardship fund.


  12. (a) There is hereby established, in the custody of the department, executive office, a


  13. restricted-receipt account to be known as the "opioid stewardship fund."

    1. (b) Monies in the opioid stewardship fund shall be kept separate and shall not be


    2. commingled with any other monies in the custody of the department executive office.


    3. (c) The opioid stewardship fund shall consist of monies appropriated for the purpose of


    4. such account; monies transferred to such account pursuant to law; contributions consisting of


    5. promises or grants of any money or property of any kind or value, or any other thing of value,


    6. including grants or other financial assistance from any agency of government; and monies required


    7. by the provisions of this chapter or any other law to be paid into or credited to this account.


    8. (d) Monies of the opioid stewardship fund shall be available to provide opioid treatment,


    9. recovery, prevention, education services, and other related programs, subject to appropriation by


    10. the general assembly.


    11. (e) The budget officer is hereby authorized to create restricted receipt accounts entitled


    12. "opioid stewardship fund allocation" in any department or agency of state government wherein


    13. monies from the opioid stewardship fund are appropriated by the general assembly for the


    14. programmatic purposes set forth in subsection (d) of this section.


15 21-28.10-11. Allocation.


  1. The monies, when allocated, shall be paid out of the opioid stewardship fund and subject


  2. to the approval of the director secretary and the approvals of the directors of the departments of


  3. health and behavioral healthcare, developmental disabilities and hospitals (BHDDH), pursuant to


  4. the provisions of this chapter.


  5. 21-28.10-13. Rules and regulations.


  6. The director secretary may prescribe rules and regulations, not inconsistent with law, to


  7. carry into effect the provisions of this chapter 28.10 of title 21, which rules and regulations, when


  8. reasonably designed to carry out the intent and purpose of this chapter, are prima facie evidence of


  9. its proper interpretation. Such rules and regulations may be amended, suspended, or revoked, from


  10. time to time and in whole or in part, by the director secretary. The director secretary may prescribe,


  11. and may furnish, any forms necessary or advisable for the administration of this chapter.


27 SECTION 9. Sections 23-26-7.1, 23-26-11, 23-26-12, 23-26-13, 23-26-15, 23-26-25, 23-


  1. 26-26, 23-26-27, 23-26-30 and 23-26-31 of the General Laws in Chapter 23-26 entitled "Bedding


  2. and Upholstered Furniture" are hereby amended to read as follows:


  3. 23-26-7.1. Sterilization, disinfection and disinfestation of bedding and materials.


  4. (a) No person shall sell, offer for sale or include in a sale any item of secondhand bedding


  5. or any item of bedding of any type manufactured in whole or in part from secondhand material,


  6. including their component parts or wiping rags, unless such material has been sterilized, disinfected


  7. and cleaned, by a method approved by the department of business regulation; provided, further,

  1. that any product used for sterilization or disinfection of secondhand bedding must be registered as


  2. consumer and health benefit products and labeled for use on bedding and upholstered furniture by


  3. the EPA in accordance with § 23-25-6 of this title. The department of business regulation shall


  4. promulgate rules and regulations consistent with the provisions of this chapter.


  5. (b) No person shall use in the manufacture, repair and renovation of bedding of any type


  6. any material which has been used by a person with an infectious or contagious disease, or which is


  7. filthy, oily or harbors loathsome insects or pathogenic bacteria.


  8. (c) No person shall sell, or offer for sale or include in a sale any material or bedding which


  9. under the provisions of this chapter or regulations requires treatment unless there is securely


  10. attached in accordance with regulations, a yellow tag not less than twelve square inches in size,


  11. made of substantial cloth or a material of equal quality. Upon the tag there shall be plainly printed,


  12. in black ink, in the English language, a statement showing:


  13. (1) That the item or material has been treated by a method approved by the department of


  14. business regulation, and the method of treatment applied.


  15. (2) The lot number and the tag number of the item treated.


  16. (3) The license registration number of the person applying treatment.


  17. (4) The name and address of the person for whom treated.


  18. (d) The tag required by this section shall be in addition to any other tag required pursuant


  19. to the provisions of this chapter. Holders of licenses registrations to apply sterilization, disinfection


  20. or disinfestation treatment shall be required to keep an accurate record of all materials which have


  21. been subjected to treatment, including the source of material, date of treatment, and the name and


  22. address of the receiver of each. Such records shall be available for inspection at any time by


  23. authorized representatives of the department.


  24. (e) Violations of this section shall be punishable by a fine not to exceed five hundred dollars


25 ($500).


  1. 23-26-11. Counterfeit stamps and permits Counterfeit stamps and registrations.


  2. No person shall have in his or her possession or shall make, use, or sell any counterfeit or


  3. colorable imitation of the inspection stamp or permit registration required by this chapter. Each


  4. counterfeited or imitated stamp or permit registration made, used, sold, offered for sale, delivered,


  5. or consigned for sale contrary to the provisions of this chapter shall constitute a separate offense.


  6. 23-26-12. Sterilization permits Sterilization registrations.


  7. Any sterilization process, before being used in connection with this chapter, must receive


  8. the approval of the director. Every person, firm, or corporation desiring to operate the sterilization


  9. process shall first obtain a numbered permit registration from the director and shall not operate the

  1. process unless the permit registration is kept conspicuously posted in the establishment. Fee for


  2. original permit registration shall be eighty-four dollars ($84.00). Application for the permit


  3. registration shall be accompanied by specifications in duplicate, in such form as the director shall


  4. require. Each permit registration shall expire one year from date of issue. Fee for annual renewal


  5. of a sterilizing permit registration shall be one-half (1/2) the original fee.


  6. 23-26-13. Contents of tag on bedding articles for sale.


  7. Every article of bedding made for sale, sold, or offered for sale shall have attached thereto


  8. a tag which shall state the name of the material used, that the material used is new, or second-hand


  9. and, when required to be sterilized, that the material has been sterilized, and the number of the


  10. sterilizing permit registration. The tag shall also contain the name and address of the maker or the


  11. vendor and the registry number of the maker. All tags attached to new articles shall be legibly


  12. stamped or marked by the retail vendor with the date of delivery to the customer.


  13. 23-26-15. Contents of tag on shipments of filling material.


  14. Any shipment or delivery, however contained, of material used for filling articles of


  15. bedding shall have firmly and conspicuously attached thereto a tag which shall state the name of


  16. the maker, preparer or vendor, and the address of the maker, preparer, or vendor, the name of the


  17. contents and whether the contents are new or second-hand, and, if sterilized, the number of the


  18. sterilizing permit registration.


  19. 23-26-25. Rules, regulations, and findings -- Suspension or revocation of permits


  20. Rules, regulations, and findings -- Suspension or revocation of registrations.


  21. (a) The director is hereby authorized and empowered to make general rules and regulations


  22. and specific rulings, demands, and findings for the enforcement of this chapter, in addition hereto


  23. and not inconsistent herewith. The director may suspend or revoke any permit or registration for


  24. violation of any provision of this chapter, or any rule, regulation, ruling, or demand made pursuant


  25. to the authority granted by this chapter. (b) The director of the department of health shall investigate


  26. and enforce the provisions of § 23-26-3.1, and promulgate rules and regulations deemed necessary


  27. to enforce it.


  28. 23-26-26. Appeal of director's decisions.


  29. Any person aggrieved by the action of the director in denying an application for a permit


  30. or for registration, or in revoking or suspending any permit or registration, or by any order or


  31. decision of the director, shall have the right to appeal to the supreme court and the procedure in


  32. case of the appeal shall be the same as that provided in § 42-35-15.


  33. 23-26-27. Penalty for violations.


  34. Any person who:

  1. (1) Makes, remakes, renovates, sterilizes, prepares, sells, or offers for sale, exchange, or


  2. lease any article of bedding as defined by § 23-26-1, not properly tagged as required by this chapter;


  3. or


  4. (2) Uses in the making, remaking, renovating, or preparing of the article of bedding or in


  5. preparing cotton or other material therefor that has been used as a mattress, pillow, or bedding in


  6. any public or private hospital, or that has been used by or about any person having an infectious or


  7. contagious disease, and that after such use has not been sterilized and approved for use, by the


  8. director of business regulation; or


  9. (3) Counterfeits or imitates any stamp or permit registration issued under this chapter shall


  10. be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500) or


  11. by imprisonment for not more than six (6) months or both.


  12. (4) Any person or entity who or that violates the provisions of § 23-26-3.1 shall be civilly


  13. fined not to exceed five thousand dollars ($5,000) for the first violation and up to ten thousand


  14. dollars ($10,000) for each subsequent violation.


  15. 23-26-30. License required -- Application -- Issuance and term of license Registration


  16. required -- Application -- Issuance and term of registration.


  17. No person shall be engaged: (1) as a manufacturer of articles of bedding for sale at


  18. wholesale; (2) as a manufacturer of articles of bedding for sale at retail; (3) as a supply dealer; (4)


  19. as a repairer-renovator; or (5) as a retailer of second-hand articles of bedding, unless he or she has


  20. obtained the appropriate numbered license registration therefor from the director, who is hereby


  21. empowered to issue the license registration. Application for the license registration shall be made


  22. on forms provided by the director and shall contain such information as the director may deem


  23. material and necessary. Based on the information furnished in the application and on any


  24. investigation deemed necessary by the director, the applicant's classification shall be determined.


  25. Each license registration issued by the director pursuant to this section shall be conspicuously


  26. posted in the establishment of the person to whom issued. The director may withhold the issuance


  27. of a license registration to any person who shall make any false statement in the application for a


  28. license registration under this chapter. The director shall promulgate rules and regulations


  29. mandating the term of license registration for each category of license registration issued pursuant


  30. to this chapter; however, no license registration shall remain in force for a period in excess of three


  31. (3) years. The fee for the initial issuance or renewal of a license registration shall be determined by


  32. multiplying the per annum fee by the number of years in the term of the license registration. The


  33. entire fee must shall be paid in full for the total number of years of license registration prior to the


  34. issuance of the license registration.

    1 23-26-31. Fees.


    1. (a) The per annum fees imposed for licenses registrations issued pursuant to § 23-26-30


    2. shall be as follows:


    3. (1) Every applicant classified as a manufacturer of articles of bedding for sale at wholesale


    4. or retail or as a supply dealer shall pay, prior to the issuance of a general license registration, a per


    5. annum fee of two hundred ten dollars ($210) and the licensee registrant may be engaged in any or


    6. all of the following:


    7. (i) Manufacture of articles of bedding for sale at wholesale;


    8. (ii) Manufacture of articles of bedding for sale at retail;


    9. (iii) Supply dealer;


    10. (iv) Repairer-renovator.


    11. (2) Every applicant classified as a repairer-renovator or retailer of second-hand articles of


    12. bedding shall pay, prior to the issuance of a limited license registration, a per annum fee of sixty


    13. dollars ($60.00), and the licensee registrant may be engaged in any or all of the following:


    14. (i) Repairer-renovator;


    15. (ii) Retailer of second-hand articles of bedding; provided, however, that if a licensee


    16. registrant is reclassified from one category to another which calls for a higher license registration


    17. fee, he or she shall pay a pro rata share of the higher license registration fee for the unexpired period


    18. and shall be issued a new license registration to expire on the expiration date of the original license


    19. registration.


    20. (b) If, through error, a licensee registrant has been improperly classified as of the date of


    21. issue of his or her current license registration, the proper fee for the entire period shall be payable.


    22. Any overpayment shall be refunded to the licensee registrant. No refunds shall be allowed to any


    23. licensee registrant who has discontinued business, or whose license registration has been revoked


    24. or suspended or who has been reclassified to a category calling for a greater or lesser


    25. licenseregistration fee, except as provided herein. The fee shall be paid to the director of business


    26. regulation. For reissuing a revoked or expired license registration the fee shall be the same as for


    27. an original license registration.


    28. (c) All payments for registration fees, sterilization process, permits, fines and penalties,


    29. and other money received under this chapter shall constitute inspection fees for the purpose of


    30. enforcing this chapter.


    31. SECTION 10. Section 23-90-5 of the General Laws in Chapter 23-90 entitled "Responsible


    32. Recycling, Reuse and Disposal of Mattresses" is hereby amended to read as follows:


    33. 23-90-5. Mattress stewardship plan.

  1. (a) On or before July 1, 2015, the mattress stewardship council shall submit a mattress


  2. stewardship plan for the establishment of a mattress stewardship program to the corporation


  3. director for approval.


  4. (b) The plan submitted pursuant to subsection (a) of this section shall, to the extent it is


  5. technologically feasible and economically practical:


  6. (1) Identify each producer's participation in the program;


  7. (2) Describe the fee structure for the program and propose a uniform stewardship fee that


  8. is sufficient to cover the costs of operating and administering the program;


  9. (3) Establish performance goals for the first two (2) years of the program;


  10. (4) Identify proposed recycling facilities to be used by the program, such facilities shall not


  11. require a solid waste management facilities license;


  12. (5) Detail how the program will promote the recycling of discarded mattresses;


  13. (6) Include a description of the public education program;


  14. (7) Describe fee-disclosure language that retailers will be required to prominently display


  15. that will inform consumers of the amount and purpose of the fee; and


  16. (8) Identify the methods and procedures to facilitate implementation of the mattress


  17. stewardship program in coordination with the corporation director and municipalities.


  18. (c) Not later than ninety (90) days after submission of the plan pursuant to this section, the


  19. corporation shall make a determination whether to:


  20. (1) Approve the plan as submitted; or


  21. (2) Deny the plan.


  22. (d) The corporation director shall approve the plan for the establishment of the mattress


  23. stewardship program, provided such plan reasonably meets the requirements of this section. Prior


  24. to making such determination, the corporation director shall post the plan for at least thirty (30)


  25. days, in accordance with the "Administrative Procedures Act" as set forth in chapter 35 of title 42


  26. on the corporation's website and solicit public comments on the plan to be posted on the website.


  27. (e) In the event that the corporation director denies the plan, the corporation director shall


  28. provide a notice of determination to the council, within sixty (60) days, detailing the reasons for


  29. the disapproval. The council shall revise and resubmit the plan to the corporation director not later


  30. than forty-five (45) days after receipt of notice of the corporation director's denial notice. Not later


  31. than forty-five (45) days after receipt of the revised plan, the corporation director shall review and


  32. approve or deny the revised plan. The council may resubmit a revised plan to the corporation


  33. director for approval on not more than two (2) occasions. If the council fails to submit a plan that


  34. is acceptable to the corporation director, because it does not meet the criteria pursuant to

  1. subdivisions (b)(1-8), the corporation director shall have the ability to modify the submitted plan


  2. and approve it. Not later than one hundred twenty (120) days after the approval of a plan pursuant


  3. to this section, the council shall implement the mattress stewardship program.


  4. (f) It is the responsibility of the council to:


  5. (1) Notify the corporation director whenever there is a proposed substantial change to the


  6. program. If the corporation director takes no action on a proposed substantial change within ninety


  7. (90) days after notification of the proposed change, the proposed change shall be deemed approved.


  8. For the purposes of this subdivision, "substantial change" shall include, but not be limited to:


  9. (i) A change in the processing facilities to be used for discarded mattresses collected


  10. pursuant to the program; or


  11. (ii) A material change to the system for collecting mattresses.


  12. (2) Not later than October 1, 2017, the council shall submit to the corporation director for


  13. review, updated performance goals that are based on the experience of the program during the first


  14. two (2) years of the program.


  15. (g) The council shall notify the corporation director of any other changes to the program


  16. on an ongoing basis, whenever they occur, without resubmission of the plan to the corporation


  17. director for approval. Such changes shall include, but not be limited to, a change in the composition,


  18. officers, or contact information of the council.


  19. (h) On or before July 1, 2015, and every two (2) years thereafter, the council shall propose


  20. a uniform fee for all mattresses sold in this state. The council may propose a change to the uniform


  21. fee more frequently than once every two (2) years if the council determines such change is needed


  22. to avoid funding shortfalls or excesses. Any proposed fee shall be reviewed by an independent


  23. auditor to ensure that such assessment does not exceed the costs of the mattress stewardship


  24. program described in subsection (b) of this section and to maintain financial reserves sufficient to


  25. operate the program over a multi-year period in a fiscally prudent and responsible manner. Not


  26. later than sixty (60) days after the council proposes a mattress stewardship fee, the auditor shall


  27. render an opinion to the corporation director as to whether the proposed mattress stewardship fee


  28. is reasonable to achieve the goals set forth in this section. If the auditor concludes that the mattress


  29. stewardship fee is reasonable, then the proposed fee shall go into effect not less than ninety (90)


  30. days after the auditor notifies the corporation director that the fee is reasonable. If the auditor


  31. concludes that the mattress stewardship fee is not reasonable, the auditor shall provide the council


  32. with written notice explaining the auditor's opinion. Specific documents or information provided


  33. to the auditor by the council, along with any associated internal documents or information held by


  34. the council, shall be made available to the corporation for its review upon request but shall not be

  1. made public if the documents and information contain trade secrets or commercial or financial


  2. information of a privileged or confidential nature, pursuant to chapter 2 of title 38 ("access to public


  3. records"). Not later than fourteen (14) days after the council's receipt of the auditor's opinion, the


  4. council may either propose a new mattress stewardship fee, or provide written comments on the


  5. auditor's opinion. If the auditor concludes that the fee is not reasonable, the corporation director


  6. shall decide, based on the auditor's opinion and any comments provided by the council, whether to


  7. approve the proposed mattress stewardship fee. Such auditor shall be selected by the council. The


  8. cost of any work performed by such auditor pursuant to the provisions of this subsection and


  9. subsection (i) of this section shall be funded by the council.


  10. (i)(1) On and after the implementation of the mattress stewardship program, each retailer


  11. shall add the amount of the fee established pursuant to subsection (b) of this section and described


  12. in subsection (h) of this section to the purchase price of all mattresses sold in this state. The fee


  13. shall be remitted by the retailer to the council. The council may, subject to the corporation director's


  14. approval, establish an alternative, practicable means of collecting or remitting such fee.


  15. (2) On and after the implementation date of the mattress stewardship program, no producer,


  16. distributor or retailer shall sell or offer for sale a mattress to any person in the state if the producer


  17. is not a member of the council.


  18. (3) No retailer or distributor shall be found to be in violation of the provisions of this


  19. section, if, on the date the mattress was ordered from the producer or its agent, the producer of said


  20. mattress was listed on the corporation's website in accordance with the provisions of this chapter.


  21. (j) Not later than October 1, 2016, and annually thereafter, the council shall submit an


  22. annual report to the corporation director. The corporation director shall post such annual report on


  23. the corporation's website. Such report shall include, but not be limited to:


  24. (1) The weight of mattresses collected pursuant to the program from:


  25. (i) Municipal and/or transfer stations;


  26. (ii) Retailers; and


  27. (iii) All other covered entities;


  28. (2) The weight of mattresses diverted for recycling;


  29. (3) Identification of the mattress recycling facilities to which mattresses were delivered for


  30. recycling;


  31. (4) The weight of discarded mattresses recycled, as indicated by the weight of each of the


  32. commodities sold to secondary markets;


  33. (5) The weight of mattresses, or parts thereof, sent for disposal at each of the following:


  34. (i) Rhode Island resource recovery corporation; and

  1. (ii) Any other facilities;


  2. (6) Samples of public education materials and methods used to support the program;


  3. (7) A description of efforts undertaken and evaluation of the methods used to disseminate


  4. such materials;


  5. (8) Updated performance goals and an evaluation of the effectiveness of the methods and


  6. processes used to achieve performance goals of the program; and


  7. (9) Recommendations for any changes to the program.


  8. (k) Two (2) years after the implementation of the program and upon the request of the


  9. corporation director, but not more frequently than once a year, the council shall cause an audit of


  10. the program to be conducted by the auditor described in subsection (h) of this section. Such audit


  11. shall review the accuracy of the council's data concerning the program and provide any other


  12. information requested by the corporation director. Such audit shall be paid for by the council. The


  13. council shall maintain all records relating to the program for not less than three (3) years.


  14. (l) No covered entity that participates in the program shall charge for receipt of mattresses


  15. generated in the state. Covered entities may charge a fee for providing the service of collecting


  16. mattresses and may restrict the acceptance of mattresses by number, source or physical condition.


  17. (m) Covered entities that, upon the date of this act's passage, have an existing program for


  18. recycling discarded mattresses may continue to operate such program without coordination of the


  19. council, so long as the entities are able to demonstrate, in writing, to the corporation director that


  20. the facilities to which discarded mattresses are delivered are engaged in the business of recycling


  21. said mattresses and the corporation director approves the written affirmation that the facility


  22. engages in mattress recycling of mattresses received by the covered entity. A copy of the written


  23. affirmation and the corporation's approval shall be provided to the council by the corporation


  24. director in a timely manner.


  25. (e) Pursuant to § 23-90-11, the corporation shall report biennially to the general assembly


  26. on the operation of the statewide system for collection, transportation and recycling of mattresses.


  27. SECTION 11. Section 31-2-6 of the General Laws in Chapter 31-2 entitled "Division of


  28. Motor Vehicles" is hereby amended to read as follows:


29 31-2-6. Offices.


  1. The administrator shall maintain offices in those places in the state that he or she may deem


  2. necessary to properly carry out the powers and duties vested in the division of motor vehicles. The


  3. administrator shall maintain branch offices provide direct, in-person services in the towns of


  4. Warren and Westerly and keep the services in Warren office open available for business at least


  5. three (3) days per week and keep the services in Westerly office open available at least one day per

  1. week.


  2. SECTION 12. Section 36-4-16.4 of the General Laws in Chapter 36-4 entitled "Merit


  3. System" is hereby amended to read as follows:


  4. 36-4-16.4. Salaries of directors.


  5. (a) In the month of March of each year, the department of administration shall conduct a


  6. public hearing to determine salaries to be paid to directors of all state executive departments for the


  7. following year, at which hearing all persons shall have the opportunity to provide testimony, orally


  8. and in writing. In determining these salaries, the department of administration will take into


  9. consideration the duties and responsibilities of the aforenamed officers, as well as such related


  10. factors as salaries paid executive positions in other states and levels of government, and in


  11. comparable positions anywhere that require similar skills, experience, or training. Consideration


  12. shall also be given to the amounts of salary adjustments made for other state employees during the


  13. period that pay for directors was set last.


  14. (b) Each salary determined by the department of administration will be in a flat amount,


  15. exclusive of such other monetary provisions as longevity, educational incentive awards, or other


  16. fringe additives accorded other state employees under provisions of law, and for which directors


  17. are eligible and entitled.


  18. (c) In no event will the department of administration lower the salaries of existing directors


  19. during their term of office.


  20. (d) Upon determination by the department of administration, the proposed salaries of


  21. directors will be referred to the general assembly by the last day in April of that year to go into


  22. effect thirty (30) days hence, unless rejected by formal action of the house and the senate acting


  23. concurrently within that time.


  24. (e) Notwithstanding the provisions of this section, for 2015 2022 only, the time period for


  25. the department of administration to conduct the public hearing shall be extended to July September


  26. and the proposed salaries shall be referred to the general assembly by August 30 October 30. The


  27. salaries may take effect before next year, but all other provisions of this section shall apply.


  28. (f) Notwithstanding the provisions of this section or any law to the contrary, for 2017 only,


  29. the salaries of the director of the department of transportation, the secretary of health and human


  30. services, and the director of administration shall be determined by the governor.


  31. (g)(f) Notwithstanding the provisions of this section or any law to the contrary, for 2021


  32. 2022 only, the salary of the director of the department of children, youth and families shall be


  33. determined by the governor.


  34. SECTION 13. Section 41-5.2-2 of the General Laws in Chapter 41-5.2 entitled "Mixed

    1. Martial Arts" is hereby amended to read as follows:


    2. (a) Except as provided in subsection (b) of this section, no No mixed-martial-arts match or


    3. exhibition for a prize or a purse, or at which an admission fee is charged, either directly or


    4. indirectly, in the form of dues or otherwise, shall take place or be conducted in this state unless


    5. licensed by the division of gaming and athletics licensing in accordance with this chapter.


    6. (b) The provisions of this section shall not apply to any mixed-martial-arts match or


    7. exhibition in which the contestants are amateurs and that is conducted under the supervision and


    8. control of:


    9. (1) Any educational institution recognized by the council on postsecondary education and


    10. the council on elementary and secondary education of this state; or


    11. (2) Any religious or charitable organization or society engaged in the training of youth and


    12. recognized as such by the division of gaming and athletics licensing in this state.


    13. (c) For the purposes of this section, an "amateur" means a person who engages in mixed-


    14. martial-arts matches or exhibitions for which no cash prizes are awarded to the participants, and


    15. for which the prize competed for, if any, shall not exceed in value the sum of twenty-five dollars


16 ($25.00).


  1. SECTION 14. Chapter 41-5.2 of the General Laws entitled "Mixed Martial Arts" is hereby


  2. amended by adding thereto the following section:


  3. 41-5.2-30. Fees of officials.


  4. The fees of the referee and other licensed officials, as established by this chapter, shall be


  5. fixed by the division of gaming and athletics licensing, and shall be paid by the licensed


  6. organization prior to the exhibition.


  7. SECTION 15. Section 42-11-2.9 of the General Laws in Chapter 42-11 entitled


  8. "Department of Administration" is hereby amended to read as follows:


  9. 42-11-2.9. Division of capital asset management and maintenance established.


  10. (a) Establishment. Within the department of administration there shall be established the


  11. division of capital asset management and maintenance ("DCAMM"). Any prior references to the


  12. division of facilities management and/or capital projects, if any, shall now mean DCAMM. Within


  13. the DCAMM there shall be a director of DCAMM who shall be in the classified service and shall


  14. be appointed by the director of administration. The director of DCAMM shall have the following


  15. responsibilities:


  16. (1) Oversee, coordinate, and manage the operating budget, personnel, and functions of


  17. DCAMM in carrying out the duties described below;


  18. (2) Review agency capital-budget requests to ensure that the request is consistent with

    1. strategic and master facility plans for the state of Rhode Island;


    2. (3) Promulgate and adopt regulations necessary to carry out the purposes of this section.


    3. (b) Purpose. The purpose of the DCAMM shall be to manage and maintain state property


    4. and state-owned facilities in a manner that meets the highest standards of health, safety, security,


    5. accessibility, energy efficiency, and comfort for citizens and state employees and ensures


    6. appropriate and timely investments are made for state property and facility maintenance.


    7. (c) Duties and responsibilities of DCAMM. DCAMM shall have the following duties and


    8. responsibilities:


    9. (1) To oversee all new construction and rehabilitation projects on state property, not


    10. including property otherwise assigned outside of the executive department by Rhode Island general


    11. laws or under the control and supervision of the judicial branch;


    12. (2) To assist the department of administration in fulfilling any and all capital-asset and


    13. maintenance-related statutory duties assigned to the department under chapter 8 of title 37 (public


    14. buildings) or any other provision of law, including, but not limited to, the following statutory duties


    15. provided in § 42-11-2:


    16. (i) To maintain, equip, and keep in repair the state house, state office buildings, and other


    17. premises, owned or rented by the state, for the use of any department or agency, excepting those


    18. buildings, the control of which is vested by law in some other agency;


    19. (ii) To provide for the periodic inspection, appraisal, or inventory of all state buildings and


    20. property, real and personal;


    21. (iii) To require reports from state agencies on the buildings and property in their custody;


    22. (iv) To issue regulations to govern the protection and custody of the property of the state;


    23. (v) To assign office and storage space, and to rent and lease land and buildings, for the use


    24. of the several state departments and agencies in the manner provided by law;


    25. (vi) To control and supervise the acquisition, operation, maintenance, repair, and


    26. replacement of state-owned motor vehicles by state agencies;


    27. (3) To generally manage, oversee, protect, and care for the state's properties and facilities,


    28. not otherwise assigned by Rhode Island general laws, including, but not limited to, the following


    29. duties:


    30. (i) Space management, procurement, usage, and/or leasing of private or public space;


    31. (ii) Care, maintenance, cleaning, and contracting for such services as necessary for state


    32. property;


    33. (iii) Capital equipment replacement;


    34. (iv) Security of state property and facilities unless otherwise provided by law;

  1. (v) Ensuring Americans with Disabilities Act (ADA) compliance;


  2. (vi) Responding to facilities emergencies;


  3. (vii) Managing traffic flow on state property;


  4. (viii) Grounds keeping/landscaping/snow-removal services;


  5. (ix) Maintenance and protection of artwork and historic artifacts;


  6. (x) On or before August 31 of 2022 and each April 1 thereafter to submit to the division of


  7. municipal finance a comprehensive list of all real property owned by the state as of the preceding


8 December 31 to facilitate the purposes of § 45-13-5.1. The comprehensive list and all other


  1. information provided shall be in a format prescribed by the division of municipal finance. The


  2. division of municipal finance shall subsequently provide to DCAMM a certified list of all


  3. properties eligible under § 45-13-5.1 for identification in the statewide database established under


  4. § 42-11-2.9(d). Any changes to the comprehensive list of all real property owned by the state after


  5. the list has been supplied to the division of municipal finance shall require notification to the


  6. division of municipal finance within thirty (30) days.


  7. (4) To manage and oversee state fleet operations.


  8. (d) All state agencies shall participate in a statewide database and/or information system


  9. for capital assets, that shall be established and maintained by DCAMM.


  10. (1) Beginning January 1, 2023, all state agencies, departments, boards, commissions,


  11. corporations, authorities, quasi-state agencies, councils, or other political subdivisions that utilize


  12. real property shall provide DCAMM any information, documentary and otherwise, that may be


  13. necessary or desirable to facilitate the purposes of § 42-11-2.9(c)(3)(x) by March 1 annually, or §


  14. 42-11-2.9(d) as required by DCAMM. The administrative head of each submitting entity shall attest


  15. to the accuracy and completeness of the information in writing.


  16. (e) Offices and boards assigned to DCAMM. DCAMM shall oversee the following boards,


  17. offices, and functions:


  18. (1) Office of planning, design, and construction (PDC);


  19. (2) Office of facilities management and maintenance (OFMM);


28 (3) [Deleted by P.L. 2018, ch. 47, art. 3, § 7].


29 (4) [Deleted by P.L. 2018, ch. 47, art. 3, § 7].


30 (5) Office of risk management (§ 37-11-1 et seq.);


31 (6) [Deleted by P.L. 2018, ch. 47, art. 3, § 7].


  1. (7) Office of state fleet operations (§ 42-11-2.4(d)).


  2. (f) The boards, offices, and functions assigned to DCAMM shall:


  3. (1) Exercise their respective powers and duties in accordance with their statutory authority

    1. and the general policy established by the director of DCAMM or in accordance with the powers


    2. and authorities conferred upon the director of DCAMM by this section;


    3. (2) Provide such assistance or resources as may be requested or required by the director of


    4. DCAMM or the director of administration;


    5. (3) Provide such records and information as may be requested or required by the director


    6. of DCAMM or the director of administration; and


    7. (4) Except as provided herein, no provision of this chapter or application thereof shall be


    8. construed to limit or otherwise restrict the offices stated above from fulfilling any statutory


    9. requirement or complying with any valid rule or regulation.


    10. SECTION 16. Section 42-142-8 of the General Laws in Chapter 42-142 entitled


    11. "Department of Revenue" is hereby amended to read as follows:


    12. 42-142-8. Collection unit.


    13. (a) The director of the department of revenue is authorized to establish within the


    14. department of revenue a collection unit for the purpose of assisting state agencies in the collection


    15. of debts owed to the state. The director of the department of revenue may enter into an agreement


    16. with any state agency(ies) to collect any delinquent debt owed to the state.


    17. (b) The director of the department of revenue shall initially implement a pilot program to


    18. assist the agency(ies) with the collection of delinquent debts owed to the state.


    19. (c) The agency(ies) participating in the pilot program shall refer to the collection unit


    20. within the department of revenue, debts owed by delinquent debtors where the nature and amount


    21. of the debt owed has been determined and reconciled by the agency and the debt is: (i) The subject


    22. of a written settlement agreement and/or written waiver agreement and the delinquent debtor has


    23. failed to timely make payments under the agreement and/or waiver and is therefore in violation of


    24. the terms of the agreement and/or waiver; (ii) The subject of a final administrative order or decision


    25. and the debtor has not timely appealed the order or decision; (iii) The subject of final order,


    26. judgment, or decision of a court of competent jurisdiction and the debtor has not timely appealed


    27. the order, judgment, or decision. The collection unit shall not accept a referral of any delinquent


    28. debt unless it satisfies subsection (c)(i), (ii) or (iii) of this section.


    29. (d) Any agency(ies) entering into an agreement with the department of revenue to allow


    30. the collection unit of the department to collect a delinquent debt owed to the state shall indemnify


    31. the department of revenue against injuries, actions, liabilities, or proceedings arising from the


    32. collection, or attempted collection, by the collection unit of the debt owed to the state.


    33. (e) Before referring a delinquent debt to the collection unit, the agency(ies) must notify the


    34. debtor of its intention to submit the debt to the collection unit for collection and of the debtor's right

  1. to appeal that decision not less than thirty (30) days before the debt is submitted to the collection


  2. unit.


  3. (f) At such time as the agency(ies) refers a delinquent debt to the collection unit, the agency


  4. shall: (i) Represent in writing to the collection unit that it has complied with all applicable state and


  5. federal laws and regulations relating to the collection of the debt, including, but not limited to, the


  6. requirement to provide the debtor with the notice of referral to the collection unit under subsection


  7. (e) of this section; and (ii) Provide the collection unit personnel with all relevant supporting


  8. documentation including, but not limited to, notices, invoices, ledgers, correspondence,


  9. agreements, waivers, decisions, orders, and judgments necessary for the collection unit to attempt


  10. to collect the delinquent debt.


  11. (g) The referring agency(ies) shall assist the collection unit by providing any and all


  12. information, expertise, and resources deemed necessary by the collection unit to collect the


  13. delinquent debts referred to the collection unit.


  14. (h) Upon receipt of a referral of a delinquent debt from an agency(ies), the amount of the


  15. delinquent debt shall accrue interest at the annual rate of interest established by law for the referring


  16. agency or at an annual rate of 13%, whichever percentage rate is greater.


  17. (i) Upon receipt of a referral of a delinquent debt from the agency(ies), the collection unit


  18. shall provide the delinquent debtor with a "Notice of Referral" advising the debtor that:


  19. (1) The delinquent debt has been referred to the collection unit for collection; and


  20. (2) The collection unit will initiate, in its names, any action that is available under state law


  21. for the collection of the delinquent debt, including, but not limited to, referring the debt to a third


  22. party to initiate said action.


  23. (j) Upon receipt of a referral of a delinquent debt from an agency(ies), the director of the


  24. department of revenue shall have the authority to institute, in its name, any action(s) that are


  25. available under state law for collection of the delinquent debt and interest, penalties, and/or fees


  26. thereon and to, with or without suit, settle the delinquent debt.


  27. (k) In exercising its authority under this section, the collection unit shall comply with all


  28. state and federal laws and regulations related to the collection of debts.


  29. (l) Upon the receipt of payment from a delinquent debtor, whether a full or partial payment,


  30. the collection unit shall disburse/deposit the proceeds of the payment in the following order:


  31. (1) To the appropriate federal account to reimburse the federal government funds owed to


  32. them by the state from funds recovered; and


  33. (2) The balance of the amount collected to the referring agency.


  34. (m) Notwithstanding the above, the establishment of a collection unit within the department

    1. of revenue shall be contingent upon an annual appropriation by the general assembly of amounts


    2. necessary and sufficient to cover the costs and expenses to establish, maintain, and operate the


    3. collection unit including, but not limited to, computer hardware and software, maintenance of the


    4. computer system to manage the system, and personnel to perform work within the collection unit.


    5. (n) In addition to the implementation of any pilot program, the collection unit shall comply


    6. with the provisions of this section in the collection of all delinquent debts under this section.


    7. (o) The department of revenue is authorized to promulgate rules and regulations as it deems


    8. appropriate with respect to the collection unit.


    9. (p) By September 1, 2020, and each year thereafter, the department of revenue shall


    10. specifically assess the performance, effectiveness, and revenue impact of the collections associated


    11. with this section, including, but not limited to, the total amounts referred and collected by each


    12. referring agency during the previous state fiscal year to the governor, the speaker of the house of


    13. representatives, the president of the senate, the chairpersons of the house and senate finance


    14. committees, and the house and senate fiscal advisors. The report shall include the net revenue


    15. impact to the state of the collection unit.


    16. (q) No operations of a collection unit pursuant to this chapter shall be authorized after June


17 30, 2023 2033.


  1. SECTION 17. Title 42 of the General Laws entitled "State Affairs and Government" is


  2. hereby amended by adding thereto the following chapter:


  3. CHAPTER 162


  4. ELECTRIC VEHICLE CHARGING INFRASTRUCTURE PROGRAM


  5. 42-162-1. Legislative findings.


  6. The general assembly finds and declares that:


  7. (1) The 2021 act on climate establishes mandatory, economy-wide greenhouse gas


  8. emissions reduction targets; and


  9. (2) To meet these goals, Rhode Island must accelerate its adoption of more sustainable


  10. transportation solutions, including electric vehicles; and


  11. (3) The widespread adoption of electric vehicles will necessitate investment in and


  12. deployment of electric vehicle charging infrastructure; and


  13. (4) Electric vehicle charging infrastructure must be made accessible to all Rhode Island


  14. citizens and businesses, and deployed in an equitable manner; and


  15. (5) The installation of electric vehicle charging infrastructure and other clean energy


  16. investments will support statewide economic development and job growth in the clean energy


  17. sector.

    1. 42-162-2. Definitions.


    2. As used in this chapter, the following terms, unless the context requires a different


    3. interpretation, shall have the following meanings:


    4. (1) "Department" means the department of transportation.


    5. (2) "Electric vehicle charging infrastructure" means equipment that supplies electricity to


    6. charge electric vehicles, including charging stations and balance of plant.


    7. (3) "Electric vehicle charging infrastructure funds" means but is not limited to, federal


    8. funds allocated for electric vehicle charging infrastructure from the federal infrastructure


    9. investment and jobs act and any funds allocated as state match to federal funds.


    10. (4) "Federal funds" means monies allocated for electric vehicle charging infrastructure


    11. from the infrastructure investment and jobs act.


    12. (5) "Office" means the office of energy resources.


    13. 42-162-3. Implementation of the electric vehicle charging infrastructure investment


    14. program.


    15. (a) There is hereby established an electric vehicle charging infrastructure investment


    16. program. The department and office shall, in consultation with the department of environmental


    17. management, establish the electric vehicle charging infrastructure investment program to be


    18. administered by the office in consultation with the department.


    19. (b) The department and office, in consultation with the department of environmental


    20. management, shall propose draft program and investment criteria on the electric vehicle charging


    21. infrastructure investment program and accept public comment for thirty (30) days. The draft shall


    22. specify the incentive levels, eligibility criteria, and program rules for electric vehicle charging


    23. infrastructure incentives. The program and investment criteria shall be finalized by the office and


    24. department after the public comment period closes and include responses to submitted public


    25. comments.


    26. (c) The department and office shall provide a website for the electric vehicle charging


    27. infrastructure investment program to support public accessibility.


28 42-162-4. Reporting.


29 The department and office shall provide a report to the governor and general assembly by


30 December 31, 2023, on the results of the electric vehicle charging infrastructure investment


  1. program. The department and office shall provide an annual report to the governor and general


  2. assembly until the federal funds have been completely utilized.


  3. SECTION 18. This article shall take effect upon passage.


    1. ARTICLE 4

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      art.004/3/004/2/004/1

      =======


    2. RELATING TO DEBT MANAGEMENT ACT JOINT RESOLUTIONS



    3. SECTION 1. This Article shall serve as the joint resolution required pursuant to Rhode


    4. Island Laws § 35-18-1, et seq.


    5. SECTION 2. University of Rhode Island – Facilities Service Sector Upgrade.


    6. WHEREAS, the University of Rhode Island Board of Trustees and the University of Rhode


    7. Island are proposing a project which involves the design and construction to enhance and


    8. reorganize the facilities within the service sector for more efficient and effective operations;


    9. WHEREAS, the University has engaged qualified architectural and engineering firms to


    10. perform master planning for this purpose;


    11. WHEREAS, in the last few decades, the University has made significant improvements to


    12. the campus infrastructure and building inventory that house academic functions, student activities,


    13. and athletic events for the University’s faculty and students;


    14. WHEREAS, it is in the best interest of the State, University, and the students and faculty


    15. to have these improvements maintained and repaired;


    16. WHEREAS, the University’s facilities group has the responsibility for maintenance and


    17. repair of these 5.8 million square feet, comprising approximately 25% of the State’s real estate


    18. portfolio;


    19. WHEREAS, the buildings housing the facilities group were built in the 1950s through


    20. 1970s, have passed the end of their 40-year useful life, and are in need of substantial capital renewal


    21. or replacement;


    22. WHEREAS, such improvements to the facilities group’s buildings are necessary to allow


    23. for the ongoing support of the campus; and


    24. WHEREAS, the total project cost associated with completion of this phase of the project


    25. and proposed financing method is thirteen million dollars ($13,000,000), including cost of issuance,


    26. debt service payments would be supported by revenues derived from the University’s unrestricted


    27. general revenues, and total debt service on the bonds is not expected to exceed one million one


    28. hundred fifty thousand dollars ($1,150,000) annually and twenty-three million dollars


    29. ($23,000,000) in the aggregate based on an average interest rate of six (6%) percent; now, therefore


    30. be it

      1. RESOLVED, that this General Assembly hereby approves financing in an amount not to


      2. exceed thirteen million dollars ($13,000,000) for the facilities service sector upgrade project at the


      3. University of Rhode Island; and be it further


      4. RESOLVED, that, this Joint Resolution shall take effect upon passage by this General


      5. Assembly.


      6. SECTION 3. University of Rhode Island – Utility Infrastructure Upgrade Phase II.


      7. WHEREAS, the University of Rhode Island Board of Trustees and the University of Rhode


      8. Island are proposing a project which involves the engineering and construction of upgrades and


      9. component replacements to five municipal-level Kingston Campus utility systems;


      10. WHEREAS, the University has engaged qualified engineering firms to examine its major


      11. infrastructure systems;


      12. WHEREAS, based on the condition and capabilities of these systems, the studies have


      13. concluded that replacement of components and reconfiguration was advisable for each of these


      14. extensive systems to ensure necessary steam, water, sanitary, and electrical support for the


      15. University’s campuses for the next 20-40 years;


      16. WHEREAS, the University has also developed the required Storm Water Management


      17. Plan for the Kingston Campus, which provides guidelines that are being incorporated into new


      18. building projects under development and are driving stand-alone storm water infrastructure projects


      19. as well;


      20. WHEREAS, the University has successfully completed many extremely important


      21. individual utility infrastructure projects in its continuing progression of work to upgrade and


      22. replace infrastructure systems but now needs additional investments beyond annual capital


      23. resources;


      24. WHEREAS, this project is the second phase in a phased implementation plan to upgrade


      25. and improve the reliability of infrastructure on the University of Rhode Island’s campuses; and


      26. WHEREAS, the total project cost associated with completion of this phase of the project


      27. and proposed financing method is fifteen million four hundred fifty thousand dollars ($15,450,000),


      28. including cost of issuance, debt service payments would be supported by revenues derived from


      29. the University’s unrestricted general revenues, and total debt service on the bonds is not expected


      30. to exceed one million three hundred fifty thousand dollars ($1,350,000) annually and twenty-seven


      31. million dollars ($27,000,000) in the aggregate based on an average interest rate of six (6%) percent;


      32. now, therefore be it


      33. RESOLVED, that this General Assembly hereby approves financing in an amount not to


      34. exceed fifteen million four hundred fifty thousand dollars ($15,450,000) for the Utility

  1. Infrastructure Upgrade Phase II project at the University of Rhode Island; and be it further


  2. RESOLVED, that this Joint Resolution shall take effect upon passage by this General


  3. Assembly.


  4. SECTION 4. This article shall take effect upon passage.


  1. ARTICLE 5

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    art.005/4/005/3/005/2/005/1

    =======


  2. RELATING TO CAPITAL DEVELOPMENT PROGRAM



  3. SECTION 1. Proposition to be submitted to the people.


  4. At the general election to be held on the Tuesday next after the first Monday in November


  5. 2022, there shall be submitted to the people ("People") of the State of Rhode Island ("State"), for


  6. their approval or rejection, the following proposition:


  7. "Shall the action of the general assembly, by an act passed at the January 2022 session,


  8. authorizing the issuance of bonds, refunding bonds, and temporary notes of the State of Rhode


  9. Island for the capital projects and in the amount with respect to each such project listed below be


  10. approved, and the issuance of bonds, refunding bonds, and temporary notes authorized in


  11. accordance with the provisions of said act?"


  12. Project


  13. (1) University of Rhode Island Narragansett Bay Campus $100,000,000


  14. Provides one hundred million dollars ($100,000,000) to fund repairs and construct new


  15. facilities on the University of Rhode Island's Narragansett Bay Campus in support of the


  16. educational and research needs for the marine disciplines.


  17. (2) Rhode Island School Buildings $250,000,000


  18. Approval of this question will allow the state of Rhode Island to issue general obligation


  19. bonds, refunding bonds, and/or temporary notes in an amount not to exceed two hundred fifty


  20. million dollars ($250,000,000) to provide direct funding for school construction projects, such as


  21. the construction of new school facilities and the rehabilitation of existing school facilities.


  22. (3) Green Economy Bonds $50,000,000


  23. Approval of this question will allow the State of Rhode Island to issue general obligation


  24. bonds, refunding bonds, and/or temporary notes in an amount not to exceed fifty million dollars


  25. ($50,000,000) for environmental and recreational purposes, to be allocated as follows:


  26. (a) Municipal Resiliency $16,000,000


  27. Provides sixteen million dollars ($16,000,000) for up to seventy-five percent (75%)


  28. matching grants to municipalities for restoring and/or improving resiliency of infrastructure,


  29. vulnerable coastal habitats, and restoring rivers and stream floodplains. These funds are expected


  30. to leverage significant matching funds to support local programs to improve community resiliency

  1. and public safety in the face of increased flooding, major storm events, and environmental


  2. degradation.


  3. (b) Small Business Energy Loan Program $5,000,000


  4. Provides five million dollars ($5,000,000) for grants for small businesses to remove


  5. impediments to clean energy project implementation and would provide zero interest and below


  6. market rate loans for clean energy projects.


  7. (c) Narragansett Bay and Watershed Restoration $3,000,000


  8. Provides three million dollars ($3,000,000) for activities to restore and protect the water


  9. quality and enhance the economic viability and environmental sustainability of Narragansett Bay


  10. and the state's watersheds. Eligible activities include nonpoint source pollution abatement,


  11. including stormwater management; nutrient loading abatement; commercial, industrial and


  12. agricultural pollution abatement; and riparian buffer and watershed ecosystem restoration.


  13. (d) Forest Restoration $3,000,000


  14. Provides three million dollars ($3,000,000) to maintain forest and wildlife habitat and


  15. infrastructure on state properties, including state management areas.


  16. (e) Brownfields Remediation and Economic Development $4,000,000


  17. Provides four million dollars ($4,000,000) for up to eighty percent (80%) matching grants


  18. to public, private, and/or nonprofit entities for brownfield remediation projects.


  19. (f) State Land Acquisition Program $3,000,000


  20. Provides three million dollars ($3,000,000) for the State to acquire fee simple interest or


  21. conservation easements to open space, farmland, watershed, and recreation lands.


  22. (g) Local Land Acquisition Matching Grant Program $2,000,000


  23. Provides two million dollars ($2,000,000) for up to fifty percent (50%) matching grants to


  24. municipalities, local land trusts and nonprofit organizations to acquire fee-simple interest,


  25. development rights, or conservation easements on open space and urban parklands.


  26. (h) Local Recreation Development Matching Grant Program $2,000,000


  27. Provides two million dollars ($2,000,000) for up to eighty percent (80%) matching grants


  28. to municipalities to acquire, develop, or rehabilitate local public recreational facilities in Rhode


  29. Island.


  30. (i) Roger Williams Park and Zoo $12,000,000


  31. Provides twelve million dollars ($12,000,000) for Roger Williams Park and Zoo for the


  32. construction of a state-of-the-art-carbon-neutral education center.


  33. SECTION 2. Ballot labels and applicability of general election laws.


  34. The Secretary of State shall prepare and deliver to the State Board of Elections ballot labels

    1. for each of the projects provided for in Section 1 hereof with the designations "approve" or "reject"


    2. provided next to the description of each such project to enable voters to approve or reject each such


    3. proposition. The general election laws, so far as consistent herewith, shall apply to this proposition.


    4. SECTION 3. Approval of projects by people.


    5. If a majority of the People voting on the proposition in Section 1 hereof shall vote to


    6. approve any project stated therein, said project shall be deemed to be approved by the People. The


    7. authority to issue bonds, refunding bonds and/or temporary notes of the State shall be limited to


    8. the aggregate amount for all such projects as set forth in the proposition, which has been approved


    9. by the People.


    10. SECTION 4. Bonds for capital development program.


    11. The General Treasurer is hereby authorized and empowered, with the approval of the


    12. Governor, and in accordance with the provisions of this act to issue capital development bonds in


    13. serial form, in the name of and on behalf of the State of Rhode Island, in amounts as may be


    14. specified by the Governor in an aggregate principal amount not to exceed the total amount for all


    15. projects approved by the People and designated as "capital development loan of 2022 bonds."


    16. Provided, however, that the aggregate principal amount of such capital development bonds and of


    17. any temporary notes outstanding at any one time issued in anticipation thereof pursuant to Section


    18. 7 hereof shall not exceed the total amount for all such projects approved by the People. All


    19. provisions in this act relating to "bonds" shall also be deemed to apply to "refunding bonds."


    20. Capital development bonds issued under this act shall be in denominations of one thousand


    21. dollars ($1,000) each, or multiples thereof, and shall be payable in any coin or currency of the


    22. United States which at the time of payment shall be legal tender for public and private debts. These


    23. capital development bonds shall bear such date or dates, mature at specified time or times, but not


    24. mature beyond the end of the twentieth State fiscal year following the fiscal year in which they are


    25. issued; bear interest payable semi-annually at a specified rate or different or varying rates: be


    26. payable at designated time or times at specified place or places; be subject to express terms of


    27. redemption or recall, with or without premium; be in a form, with or without interest coupons


    28. attached; carry such registration, conversion, reconversion, transfer, debt retirement, acceleration


    29. and other provisions as may be fixed by the General Treasurer, with the approval by the Governor,


    30. upon each issue of such capital development bonds at the time of each issue. Whenever the


    31. Governor shall approve the issuance of such capital development bonds, the Governor's approval


    32. shall be certified to the Secretary of State; the bonds shall be signed by the General Treasurer and


    33. countersigned by Secretary of State and shall bear the seal of the State. The signature approval of


    34. the Governor shall be endorsed on each bond.

  1. SECTION 5. Refunding bonds for 2022 capital development program.


  2. The General Treasurer is hereby authorized and empowered, with the approval of the


  3. Governor, and in accordance with the provisions of this act, to issue bonds to refund the 2022


  4. capital development program bonds, in the name of and on behalf of the state, in amounts as may


  5. be specified by the Governor in an aggregate principal amount not to exceed the total amount


  6. approved by the People, to be designated as "capital development program loan of 2022 refunding


  7. bonds" (hereinafter "Refunding Bonds").


  8. The General Treasurer with the approval of the Governor shall fix the terms and form of


  9. any Refunding Bonds issued under this act in the same manner as the capital development bonds


  10. issued under this act, except that the Refunding Bonds may not mature more than twenty (20) years


  11. from the date of original issue of the capital development bonds being refunded.


  12. The proceeds of the Refunding Bonds, exclusive of any premium and accrual interest and


  13. net the underwriters' cost, and cost of bond issuance, shall, upon their receipt, be paid by the General


  14. Treasurer immediately to the paying agent for the capital development bonds which are to be called


  15. and prepaid. The paying agent shall hold the Refunding Bond proceeds in trust until they are applied


  16. to prepay the capital development bonds. While such proceeds are held in trust, the proceeds may


  17. be invested for the benefit of the State in obligations of the United States of America or the State


  18. of Rhode Island.


  19. If the General Treasurer shall deposit with the paying agent for the capital development


  20. bonds the proceeds of the Refunding Bonds, or proceeds from other sources, amounts that, when


  21. invested in obligations of the United States or the State of Rhode Island, are sufficient to pay all


  22. principal, interest, and premium, if any, on the capital development bonds until these bonds are


  23. called for prepayment, then such capital development bonds shall not be considered debts of the


  24. State of Rhode Island for any purpose starting from the date of deposit of such monies with the


  25. paying agent. The Refunding Bonds shall continue to be a debt of the State until paid.


  26. The term "bond" shall include "note," and the term "refunding bonds" shall include


  27. "refunding notes" when used in this act.


  28. SECTION 6. Proceeds of capital development program.


  29. The General Treasurer is directed to deposit the proceeds from the sale of capital


  30. development bonds issued under this act, exclusive of premiums and accrued interest and net the


  31. underwriters' cost, and cost of bond issuance, in one or more of the depositories in which the funds


  32. of the State may be lawfully kept in special accounts (hereinafter cumulatively referred to as "such


  33. capital development bond fund") appropriately designated for each of the projects set forth in


  34. Section 1 hereof which shall have been approved by the People to be used for the purpose of paying

  1. the cost of all such projects so approved.


  2. All monies in the capital development bond fund shall be expended for the purposes


  3. specified in the proposition provided for in Section 1 hereof under the direction and supervision of


  4. the Director of Administration (hereinafter referred to as "Director"). The Director or his or her


  5. designee shall be vested with all power and authority necessary or incidental to the purposes of this


  6. act, including but not limited to, the following authority: (a) to acquire land or other real property


  7. or any interest, estate or right therein as may be necessary or advantageous to accomplish the


  8. purposes of this act; (b) to direct payment for the preparation of any reports, plans and


  9. specifications, and relocation expenses and other costs such as for furnishings, equipment


  10. designing, inspecting and engineering, required in connection with the implementation of any


  11. projects set forth in Section 1 hereof; (c) to direct payment for the costs of construction,


  12. rehabilitation, enlargement, provision of service utilities, and razing of facilities, and other


  13. improvements to land in connection with the implementation of any projects set forth in Section 1


  14. hereof; and (d) to direct payment for the cost of equipment, supplies, devices, materials and labor


  15. for repair, renovation or conversion of systems and structures as necessary for the 2022 capital


  16. development program bonds or notes hereunder from the proceeds thereof. No funds shall be


  17. expended in excess of the amount of the capital development bond fund designated for each project


  18. authorized in Section 1 hereof. With respect to the bonds and temporary notes described in Section


  19. 1, the proceeds shall be used for the following purposes:


  20. Question 1, relating to bonds in the amount of one hundred million dollars ($100,000,000)


  21. to fund repairs and construct new facilities on the University of Rhode Island's Narragansett Bay


  22. Campus in support of the educational and research needs for the marine disciplines.


  23. Question 2, relating to bonds in the amount of two hundred fifty million dollars


  24. ($250,000,000) to provide funding for the construction, renovation, and rehabilitation of the state's


  25. public schools pursuant to § 45-38.2-4 (f).


  26. Question 3, relating to bonds in the amount of fifty million dollars ($50,000,000) for


  27. environmental and recreational purposes, to be allocated as follows:


  28. (a) Municipal Resiliency $16,000,000


  29. Provides sixteen million dollars ($16,000,000) for up to seventy-five percent (75%)


  30. matching grants to municipalities for restoring and/or improving resiliency of infrastructure,


  31. vulnerable coastal habitats, and restoring rivers and stream floodplains. These funds are expected


  32. to leverage significant matching funds to support local programs to improve community resiliency


  33. and public safety in the face of increased flooding, major storm events, and environmental


  34. degradation.

  1. (b) Small Business Energy Loan Program $5,000,000


  2. Provides five million dollars ($5,000,000) for grants for small businesses to remove


  3. impediments to clean energy project implementation and would provide zero interest and below


  4. market rate loans for clean energy projects.


  5. (c) Narragansett Bay and Watershed Restoration $3,000,000


  6. Provides three million dollars ($3,000,000) for activities to restore and protect the water


  7. quality and enhance the economic viability and environmental sustainability of Narragansett Bay


  8. and the state's watersheds. Eligible activities include nonpoint source pollution abatement,


  9. including stormwater management; nutrient loading abatement; commercial, industrial and


  10. agricultural pollution abatement; and riparian buffer and watershed ecosystem restoration.


  11. (d) Forest Restoration $3,000,000


  12. Provides three million dollars ($3,000,000) to maintain forest and wildlife habitat and


  13. infrastructure on state properties, including state management areas.


  14. (e) Brownfields Remediation and Economic Development $4,000,000


  15. Provides four million dollars ($4,000,000) for up to eighty percent (80%) matching grants


  16. to public, private, and/or nonprofit entities for brownfield remediation projects.


  17. (f) State Land Acquisition Program $3,000,000


  18. Provides three million dollars ($3,000,000) for the State to acquire fee simple interest or


  19. conservation easements to open space, farmland, watershed, and recreation lands.


  20. (g) Local Land Acquisition Matching Grant Program $2,000,000


  21. Provides two million dollars ($2,000,000) for up to fifty percent (50%) matching grants to


  22. municipalities, local land trusts and nonprofit organizations to acquire fee-simple interest,


  23. development rights, or conservation easements on open space and urban parklands.


  24. (h) Local Recreation Development Matching Grant Program $2,000,000


  25. Provides two million dollars ($2,000,000) for up to eighty percent (80%) matching grants


  26. to municipalities to acquire, develop, or rehabilitate local public recreational facilities in Rhode


  27. Island.


  28. (i) Roger Williams Park and Zoo $12,000,000


  29. Provides twelve million dollars ($12,000,000) for Roger Williams Park and Zoo for the


  30. construction of a state-of-the-art-carbon-neutral education center.


  31. SECTION 7. Sale of bonds and notes.


  32. Any bonds or notes issued under the authority of this act shall be sold at not less than the


  33. principal amount thereof, in such mode and on such terms and conditions as the General Treasurer,


  34. with the approval of the Governor, shall deem to be in the best interests of the State.

    1. Any premiums and accrued interest, net of the cost of bond issuance and underwriter's


    2. discount, which may be received on the sale of the capital development bonds or notes shall become


    3. part of the Rhode Island Capital Plan Fund of the State, unless directed by federal law or regulation


    4. to be used for some other purpose.


    5. In the event that the amount received from the sale of the capital development bonds or


    6. notes exceeds the amount necessary for the purposes stated in Section 6 hereof, the surplus may be


    7. used to the extent possible to retire the bonds as the same may become due, to redeem them in


    8. accordance with the terms thereof or otherwise to purchase them as the General Treasurer, with the


    9. approval of the Governor, shall deem to be in the best interests of the state.


    10. Any bonds or notes issued under the provisions of this act and coupons on any capital


    11. development bonds, if properly executed by the manual or electronic signatures of officers of the


    12. State in office on the date of execution, shall be valid and binding according to their tenor,


    13. notwithstanding that before the delivery thereof and payment therefor, any or all such officers shall


    14. for any reason have ceased to hold office.


    15. SECTION 8. Bonds and notes to be tax exempt and general obligations of the State.


    16. All bonds and notes issued under the authority of this act shall be exempt from taxation in


    17. the State and shall be general obligations of the State, and the full faith and credit of the State is


    18. hereby pledged for the due payment of the principal and interest on each of such bonds and notes


    19. as the same shall become due.


    20. SECTION 9. Investment of moneys in fund.


    21. All monies in the capital development fund not immediately required for payment pursuant


    22. to the provisions of this act may be invested by the investment commission, as established by


    23. Chapter 10 of Title 35, entitled "State Investment Commission," pursuant to the provisions of such


    24. chapter; provided, however, that the securities in which the capital development fund is invested


    25. shall remain a part of the capital development fund until exchanged for other securities; and


    26. provided further, that the income from investments of the capital development fund shall become


    27. a part of the general fund of the State and shall be applied to the payment of debt service charges


    28. of the State, unless directed by federal law or regulation to be used for some other purpose, or to


    29. the extent necessary, to rebate to the United States treasury any income from investments (including


    30. gains from the disposition of investments) of proceeds of bonds or notes to the extent deemed


    31. necessary to exempt (in whole or in part) the interest paid on such bonds or notes from federal


    32. income taxation.


    33. SECTION 10. Appropriation.


    34. To the extent the debt service on these bonds is not otherwise provided, a sum sufficient to

  1. pay the interest and principal due each year on bonds and notes hereunder is hereby annually


  2. appropriated out of any money in the treasury not otherwise appropriated.


  3. SECTION 11. Advances from general fund.


  4. The General Treasurer is authorized, with the approval of the Director and the Governor,


  5. in anticipation of the issue of notes or bonds under the authority of this act, to advance to the capital


  6. development bond fund for the purposes specified in Section 6 hereof, any funds of the State not


  7. specifically held for any particular purpose; provided, however, that all advances made to the


  8. capital development bond fund shall be returned to the general fund from the capital development


  9. bond fund forthwith upon the receipt by the capital development fund of proceeds resulting from


  10. the issue of notes or bonds to the extent of such advances.


  11. SECTION 12. Federal assistance and private funds.


  12. In carrying out this act, the Director, or his or her designee, is authorized on behalf of the


  13. State, with the approval of the Governor, to apply for and accept any federal assistance which may


  14. become available for the purpose of this act, whether in the form of loan or grant or otherwise, to


  15. accept the provision of any federal legislation therefor, to enter into, act and carry out contracts in


  16. connection therewith, to act as agent for the federal government in connection therewith, or to


  17. designate a subordinate so to act. Where federal assistance is made available, the project shall be


  18. carried out in accordance with applicable federal law, the rules and regulations thereunder and the


  19. contract or contracts providing for federal assistance, notwithstanding any contrary provisions of


  20. State law. Subject to the foregoing, any federal funds received for the purposes of this act shall be


  21. deposited in the capital development bond fund and expended as a part thereof. The Director or his


  22. or her designee may also utilize any private funds that may be made available for the purposes of


  23. this act.


  24. SECTION 13. Effective Date.


  25. Sections 1, 2, 3, 11, 12 and this Section 13 of this article shall take effect upon passage.


  26. The remaining sections of this article shall take effect when and if the State Board of Elections shall


  27. certify to the Secretary of State that a majority of the qualified electors voting on the proposition


  28. contained in Section 1 hereof have indicated their approval of all or any projects thereunder.

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art.006/10/006/9/006/8/006/7/006/6/006/5/006/4/006/3/006/2/006/1

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  1. ARTICLE 6 AS AMENDED


  2. RELATING TO TAXES AND REVENUES



  3. SECTION 1. 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 imposed a hospital licensing fee at the rate of six percent (6%) upon the net


  7. patient-services revenue of every hospital for the hospital's first fiscal year ending on or after


8 January 1, 2018, except that the license fee for all hospitals located in Washington County, Rhode


  1. Island shall be discounted by thirty-seven percent (37%). The discount for Washington County


  2. hospitals is subject to approval by the Secretary of the U.S. Department of Health and Human


  3. Services of a state plan amendment submitted by the executive office of health and human services


  4. for the purpose of pursuing a waiver of the uniformity requirement for the hospital license fee. This


  5. licensing fee shall be administered and collected by the tax administrator, division of taxation


  6. within the department of revenue, and all the administration, collection, and other provisions of


  7. Chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax administrator


  8. on or before July 13, 2020, and payments shall be made by electronic transfer of monies to the


  9. general treasurer and deposited to the general fund. Every hospital shall, on or before June 15,


  10. 2020, make a return to the tax administrator containing the correct computation of net patient-


  11. services revenue for the hospital fiscal year ending September 30, 2018, and the licensing fee due


  12. upon that amount. All returns shall be signed by the hospital's authorized representative, subject to


  13. the pains and penalties of perjury.


  14. (b) (a) There is also imposed a hospital licensing fee for state fiscal year 2021 against each


  15. hospital in the state. The hospital licensing fee is equal to five percent (5.0%) of the net patient-


  16. services revenue of every hospital for the hospital's first fiscal year ending on or after January 1,


  17. 2019, except that the license fee for all hospitals located in Washington County, Rhode Island shall


  18. be discounted by thirty-seven percent (37%). The discount for Washington County hospitals is


  19. subject to approval by the Secretary of the U.S. Department of Health and Human Services of a


  20. state plan amendment submitted by the executive office of health and human services for the


  21. purpose of pursuing a waiver of the uniformity requirement for the hospital license fee. This


  22. licensing fee shall be administered and collected by the tax administrator, division of taxation

  1. within the department of revenue, and all the administration, collection, and other provisions of


  2. Chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax administrator


  3. on or before July 13, 2021, and payments shall be made by electronic transfer of monies to the


  4. general treasurer and deposited to the general fund. Every hospital shall, on or before June 15,


  5. 2020, make a return to the tax administrator containing the correct computation of net patient-


  6. services revenue for the hospital fiscal year ending September 30, 2019, and the licensing fee due


  7. upon that amount. All returns shall be signed by the hospital's authorized representative, subject to


  8. the pains and penalties of perjury.


  9. (c) (b) There is also imposed a hospital licensing fee for state fiscal year 2022 against each


  10. hospital in the state. The hospital licensing fee is equal to five and seven hundred twenty-five


  11. thousandths percent (5.725%) five and six hundred fifty-six thousandths percent (5.656%) of the


  12. net patient-services revenue of every hospital for the hospital's first fiscal year ending on or after


13 January 1, 2020, except that the license fee for all hospitals located in Washington County, Rhode


  1. Island shall be discounted by thirty-seven percent (37%). The discount for Washington County


  2. hospitals is subject to approval by the Secretary of the U.S. Department of Health and Human


  3. Services of a state plan amendment submitted by the executive office of health and human services


  4. for the purpose of pursuing a waiver of the uniformity requirement for the hospital license fee. This


  5. licensing fee shall be administered and collected by the tax administrator, division of taxation


  6. within the department of revenue, and all the administration, collection, and other provisions of


  7. Chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to the tax administrator


  8. on or before July 13, 2022, and payments shall be made by electronic transfer of monies to the


  9. general treasurer and deposited to the general fund. Every hospital shall, on or before June 15,


  10. 2022, make a return to the tax administrator containing the correct computation of net patient-


  11. services revenue for the hospital fiscal year ending September 30, 2020, and the licensing fee due


  12. upon that amount. All returns shall be signed by the hospital's authorized representative, subject to


  13. the pains and penalties of perjury.


  14. (c) There is also imposed a hospital licensing fee for state fiscal year 2023 against each


  15. hospital in the state. The hospital licensing fee is equal to five and forty-two hundredths percent


  16. (5.42%) of the net patient-services revenue of every hospital for the hospital's first fiscal year


  17. ending on or after January 1, 2021, except that the license fee for all hospitals located in Washington


  18. County, Rhode Island shall be discounted by thirty-seven percent (37%). The discount for


  19. Washington County hospitals is subject to approval by the Secretary of the U.S. Department of


  20. Health and Human Services of a state plan amendment submitted by the executive office of health


  21. and human services for the purpose of pursuing a waiver of the uniformity requirement for the

  1. hospital license fee. This licensing fee shall be administered and collected by the tax administrator,


  2. division of taxation within the department of revenue, and all the administration, collection, and


  3. other provisions of Chapter 51 of title 44 shall apply. Every hospital shall pay the licensing fee to


  4. the tax administrator on or before June 30, 2023, and payments shall be made by electronic transfer


  5. of monies to the general treasurer and deposited to the general fund. Every hospital shall, on or


  6. before May 25, 2023, make a return to the tax administrator containing the correct computation of


  7. net patient-services revenue for the hospital fiscal year ending September 30, 2021, and the


  8. licensing fee due upon that amount. All returns shall be signed by the hospital's authorized


  9. representative, subject to the pains and penalties of perjury.


  10. (d) For purposes of this section the following words and phrases have the following


  11. meanings:


  12. (1) "Hospital" means the actual facilities and buildings in existence in Rhode Island,


  13. licensed pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on


  14. that license, regardless of changes in licensure status pursuant to chapter 17.14 of title 23 (hospital


  15. conversions) and § 23-17-6(b) (change in effective control), that provides short-term acute inpatient


  16. and/or outpatient care to persons who require definitive diagnosis and treatment for injury, illness,


  17. disabilities, or pregnancy. Notwithstanding the preceding language, the negotiated Medicaid


  18. managed care payment rates for a court-approved purchaser that acquires a hospital through


  19. receivership, special mastership, or other similar state insolvency proceedings (which court-


  20. approved purchaser is issued a hospital license after January 1, 2013) shall be based upon the newly


  21. negotiated rates between the court-approved purchaser and the health plan, and such rates shall be


  22. effective as of the date that the court-approved purchaser and the health plan execute the initial


  23. agreement containing the newly negotiated rate. The rate-setting methodology for inpatient hospital


  24. payments and outpatient hospital payments set forth in §§ 40-8-13.4(b) and 40-8-13.4(b)(2),


  25. respectively, shall thereafter apply to negotiated increases for each annual twelve-month (12)


  26. period as of July 1 following the completion of the first full year of the court-approved purchaser's


  27. initial Medicaid managed care contract.


  28. (2) "Gross patient-services revenue" means the gross revenue related to patient care


  29. services.


  30. (3) "Net patient-services revenue" means the charges related to patient care services less


  31. (i) Charges attributable to charity care; (ii) Bad debt expenses; and (iii) Contractual allowances.


  32. (e) The tax administrator shall make and promulgate any rules, regulations, and procedures


  33. not inconsistent with state law and fiscal procedures that he or she deems necessary for the proper


  34. administration of this section and to carry out the provisions, policy, and purposes of this section.

  1. (f) The licensing fee imposed by subsection (b) (a) shall apply to hospitals as defined herein


  2. that are duly licensed on July 1, 2020, and shall be in addition to the inspection fee imposed by §


  3. 23-17-38 and to any licensing fees previously imposed in accordance with this section.


  4. (g) The licensing fee imposed by subsection (c) (b) shall apply to hospitals as defined


  5. herein that are duly licensed on July 1, 2021, and shall be in addition to the inspection fee imposed


  6. by § 23-17-38 and to any licensing fees previously imposed in accordance with this section.


  7. (e) The licensing fee imposed by subsection (c) shall apply to hospitals as defined herein


  8. that are duly licensed on July 1, 2022, and shall be in addition to the inspection fee imposed by §


  9. 23-17-38 and to any licensing fees previously imposed in accordance with this section.


  10. SECTION 2. Section 31-6-1 of the General Laws in Chapter 31-6 entitled "Registration


  11. Fees" is hereby amended to read as follows:


  12. 31-6-1. Amount of registration and miscellaneous fees.


  13. The following registration fees shall be paid to the division of motor vehicles for the


  14. registration of motor vehicles, trailers, semi-trailers, and school buses subject to registration for


  15. each year of registration:


  16. (1) For the registration of every automobile, when equipped with pneumatic tires, the gross


  17. weight of which is not more than four thousand pounds (4,000 lbs.): thirty dollars ($30.00).


  18. (2) For the registration of every motor truck or tractor when equipped with pneumatic tires,


  19. the gross weight of which is not more than four thousand pounds (4,000 lbs.): thirty-four dollars


20 ($34.00).


  1. (3) For the registration of every automobile, motor truck or tractor, when equipped with


  2. pneumatic tires, the gross weight of which is:


  3. (i) More than four thousand pounds (4,000 lbs.), but not more than five thousand pounds


24 (5,000 lbs.): forty dollars ($40.00);


  1. (ii) More than five thousand pounds (5,000 lbs.), but not more than six thousand pounds


  2. (6,000 lbs.): forty-eight dollars ($48.00);


  3. (iii) More than six thousand pounds (6,000 lbs.), but not more than seven thousand pounds


28 (7,000 lbs.): fifty-six dollars ($56.00);


  1. (iv) More than seven thousand pounds (7,000 lbs.), but not more than eight thousand


  2. pounds (8,000 lbs.): sixty-four dollars ($64.00);


  3. (v) More than eight thousand pounds (8,000 lbs.), but not more than nine thousand pounds


32 (9,000 lbs.): seventy dollars ($70.00);


  1. (vi) More than nine thousand pounds (9,000 lbs.), but not more than ten thousand pounds


  2. (10,000 lbs.): seventy-eight dollars ($78.00);

    1. (vii) More than ten thousand pounds (10,000 lbs.), but not more than twelve thousand


    2. pounds (12,000 lbs.): one hundred six dollars ($106);


    3. (viii) More than twelve thousand pounds (12,000 lbs.), but not more than fourteen thousand


    4. pounds (14,000 lbs.): one hundred twenty-four dollars ($124);


    5. (ix) More than fourteen thousand pounds (14,000 lbs.), but not more than sixteen thousand


    6. pounds (16,000 lbs.): one hundred forty dollars ($140);


    7. (x) More than sixteen thousand pounds (16,000 lbs.), but not more than eighteen thousand


    8. pounds (18,000 lbs.): one hundred fifty-eight dollars ($158);


    9. (xi) More than eighteen thousand pounds (18,000 lbs.), but not more than twenty thousand


    10. pounds (20,000 lbs.): one hundred seventy-six dollars ($176);


    11. (xii) More than twenty thousand pounds (20,000 lbs.), but not more than twenty-two


    12. thousand pounds (22,000 lbs.): one hundred ninety-four dollars ($194);


    13. (xiii) More than twenty-two thousand pounds (22,000 lbs.), but not more than twenty-four


    14. thousand pounds (24,000 lbs.): two hundred ten dollars ($210);


    15. (xiv) More than twenty-four thousand pounds (24,000 lbs.), but not more than twenty-six


    16. thousand pounds (26,000 lbs.): two hundred thirty dollars ($230);


    17. (xv) More than twenty-six thousand pounds (26,000 lbs.), but not more than twenty-eight


    18. thousand pounds (28,000 lbs.): two hundred ninety-six dollars ($296);


    19. (xvi) More than twenty-eight thousand pounds (28,000 lbs.), but not more than thirty


    20. thousand pounds (30,000 lbs.): three hundred sixteen dollars ($316);


    21. (xvii) More than thirty thousand pounds (30,000 lbs.), but not more than thirty-two


    22. thousand pounds (32,000 lbs.): four hundred and twenty-two dollars ($422);


    23. (xviii) More than thirty-two thousand pounds (32,000 lbs.), but not more than thirty-four


    24. thousand pounds (34,000 lbs.): four hundred and forty-eight dollars ($448);


    25. (xix) More than thirty-four thousand pounds (34,000 lbs.), but not more than thirty-six


    26. thousand pounds (36,000 lbs.): four hundred and seventy-six dollars ($476);


    27. (xx) More than thirty-six thousand pounds (36,000 lbs.), but not more than thirty-eight


    28. thousand pounds (38,000 lbs.): five hundred and two dollars ($502);


    29. (xxi) More than thirty-eight thousand pounds (38,000 lbs.), but not more than forty


    30. thousand pounds (40,000 lbs.): five hundred and twenty-eight dollars ($528);


    31. (xxii) More than forty thousand pounds (40,000 lbs.), but not more than forty-two thousand


    32. pounds (42,000 lbs.): five hundred and fifty-four dollars ($554);


    33. (xxiii) More than forty-two thousand pounds (42,000 lbs.), but not more than forty-six


    34. thousand pounds (46,000 lbs.): six hundred and eight dollars ($608);

      1. (xxiv) More than forty-six thousand pounds (46,000 lbs.), but not more than fifty thousand


      2. pounds (50,000 lbs.): six hundred and sixty dollars ($660);


      3. (xxv) More than fifty thousand pounds (50,000 lbs.), but not more than fifty-four thousand


      4. pounds (54,000 lbs.): seven hundred and twelve dollars ($712);


      5. (xxvi) More than fifty-four thousand pounds (54,000 lbs.), but not more than fifty-eight


      6. thousand pounds (58,000 lbs.): seven hundred and sixty-eight dollars ($768);


      7. (xxvii) More than fifty-eight thousand pounds (58,000 lbs.), but not more than sixty-two


      8. thousand pounds (62,000 lbs.): eight hundred and sixteen dollars ($816);


      9. (xxviii) More than sixty-two thousand pounds (62,000 lbs.), but not more than sixty-six


      10. thousand pounds (66,000 lbs.): eight hundred and seventy-six dollars ($876);


      11. (xxix) More than sixty-six thousand pounds (66,000 lbs.), but not more than seventy


      12. thousand pounds (70,000 lbs.): nine hundred and twenty-four dollars ($924);


      13. (xxx) More than seventy thousand pounds (70,000 lbs.), but not more than seventy-four


      14. thousand pounds (74,000 lbs.): nine hundred and seventy-two dollars ($972);


      15. (xxxi) Over seventy-four thousand pounds (74,000 lbs.): nine hundred and seventy-two


      16. dollars ($972), plus twenty-four dollars ($24.00) per two thousand pounds (2,000 lbs.) gross


      17. weight.


      18. (4) For the registration of every semi-trailer to be used with a truck-tractor, as defined in §


      19. 31-1-4(f), shall be as follows: an annual fee of twelve dollars ($12.00) for a one-year registration;


      20. for multi-year registrations the fee of fifty dollars ($50.00) for a five-year (5) registration; and


      21. eighty dollars ($80.00) for an eight-year (8) registration. However, when in use, the weight of the


      22. resulting semi-trailer unit and its maximum carrying capacity shall not exceed the gross weight of


      23. the original semi-trailer unit from which the gross weight of the tractor was determined. A


      24. registration certificate and registration plate shall be issued for each semi-trailer so registered.


      25. There shall be no refund of payment of such fee, except that when a plate is returned prior to ninety


      26. (90) days before the effective date of that year's registration, the pro rate amount, based on the


      27. unused portion of the multi-year registration plate period at time of surrender, shall be refunded. A


      28. multi-year semi-trailer registration may be transferred to another semi-trailer subject to the


      29. provisions and fee set forth in § 31-6-11. Thirty percent (30%) of the semi-trailer registration fee


      30. shall be retained by the division of motor vehicles to defray the costs of implementation of the


      31. international registration plan (IRP) and fleet registration section.


      32. (5) For the registration of every automobile, motor truck, or tractor, when equipped with


      33. other than pneumatic tires, there shall be added to the above gross weight fees a charge of ten cents


      34. (10¢) for each one hundred pounds (100 lbs.) of gross weight.

        1. (6) For the registration of every public bus, the rates provided for motor vehicles for hire


        2. plus two dollars ($2.00) for each passenger that bus is rated to carry, the rating to be determined by


        3. the administrator of the division of motor vehicles.


        4. (7) For the registration of every motorcycle, or motor-driven cycle, thirteen dollars


        5. ($13.00). Three dollars ($3.00) from that sum shall be turned over to the department of education


        6. to assist in the payment of the cost of the motorcycle driver's education program as enumerated in


7 § 31-10.1-1.1.


  1. (8) For the registration of every trailer, not including semi-trailers used with a truck-tractor


  2. as defined in § 31-1-4(d), with a gross weight of three thousand pounds (3,000 lbs.) or less, five


  3. dollars ($5.00). Trailers with a gross weight of more than three thousand pounds (3,000 lbs.) shall


  4. be assessed a registration fee of one dollar and fifty cents ($1.50) per thousand pounds (1,000 lbs.).


  5. (9) The annual registration fee for a motor vehicle, commonly described as a boxcar and/or


  6. locomotive, and used only by La Societe Des 40 Hommes et 8 Chevaux for civic demonstration,


  7. parades, convention purposes, or social welfare work, shall be two dollars ($2.00).


  8. (10) For the registration of every motor vehicle, trailer, or semi-trailer owned by any


  9. department or agency of any city or town or district, provided the name of the city or town or


  10. district or state department or agency owning the same shall be plainly printed on two (2) sides of


  11. the vehicle, two dollars ($2.00).


  12. (11) For the registration of motor vehicles used for racing, fifteen dollars ($15.00).


  13. (12) For every duplicate registration certificate, seventeen dollars ($17.00).


  14. (13) For every certified copy of a registration certificate or application, ten dollars ($10.00).


  15. (14) For every certificate assigning a special identification number or mark as provided in


23 § 31-3-37, one dollar ($1.00).


  1. (15) For every replacement of number plates or additional pair of number plates, without


  2. changing the number, thirty dollars ($30.00).


  3. (16) For the registration of every farm vehicle, used in farming as provided in § 31-3-31:


  4. ten dollars ($10.00).


  5. (17) For the registration of antique motor vehicles, five dollars ($5.00).


  6. (18) For the registration of a suburban vehicle, when used as a pleasure vehicle and the


  7. gross weight of which is not more than four thousand pounds (4,000 lbs.), the same rates as charged


  8. in subsection (1) of this section shall be applicable and when used as a commercial vehicle and the


  9. gross weight of which is not more than four thousand pounds (4,000 lbs.), the same rates as


  10. provided in subsection (2) of this section shall be applicable. The rates in subsection (3) of this


  11. section shall be applicable when the suburban vehicle has a gross weight of more than four thousand

  1. pounds (4,000 lbs.), regardless of the use of the vehicle.


  2. (19) For the registration of every motor bus that is used exclusively under contract with a


  3. political subdivision or school district of the state for the transportation of school children, twenty-


  4. five dollars ($25); provided that the motor bus may also be used for the transportation of persons


  5. to and from church and Sunday school services, and for the transportation of children to and from


  6. educational or recreational projects sponsored by a city or town or by any association or


  7. organization supported wholly or in part by public or private donations for charitable purposes,


  8. without the payment of additional registration fee.


  9. (20) For the registration of every motorized bicycle, ten dollars ($10.00).


  10. (21) For the registration of every motorized tricycle, ten dollars ($10.00).


  11. (22) For the replacement of number plates with a number change, twenty dollars ($20.00).


  12. (23) For the initial issuance and each reissuance of fully reflective plates, as required by §§


  13. 31-3-10, 31-3-32, and 31-3-33, an additional eight dollars ($8.00); provided, however, for the initial


  14. issuance of new license plates as required by § 31-3-33(c) that feature the 2022 approved design,


  15. the fee shall be waived when the plate is issued for a vehicle with an existing registration.


  16. (24) For the issuance of a trip permit under the International Registration Plan, twenty-five


  17. dollars ($25.00) per vehicle. The division of motor vehicles is authorized to issue seventy-two-hour


  18. (72) trip permits for vehicles required to be registered in the International Registration Plan that


  19. have not been apportioned with the state of Rhode Island.


  20. (25) For the issuance of a hunter's permit under the International Registration Plan, twenty-


  21. five dollars ($25.00) per vehicle. The division of motor vehicles is authorized to issue hunter's


  22. permits for motor vehicles based in the state of Rhode Island and otherwise required to be registered


  23. in the International Registration Plan. These permits are valid for thirty (30) days.


  24. (26) For the registration of a specially adapted motor vehicle necessary to transport a family


  25. member with a disability for personal, noncommercial use, a fee of thirty dollars ($30.00) assessed.


  26. SECTION 3. Section 42-61-15 of the General Laws in Chapter 42-61 entitled "State


  27. Lottery" is hereby amended to read as follows:


  28. 42-61-15. State lottery fund.


  29. (a) There is created the state lottery fund, into which shall be deposited all revenues


  30. received by the division from the sales of lottery tickets and license fees. The fund shall be in the


  31. custody of the general treasurer, subject to the direction of the division for the use of the division,


  32. and money shall be disbursed from it on the order of the controller of the state, pursuant to vouchers


  33. or invoices signed by the director and certified by the director of administration. The moneys in the


  34. state lottery fund shall be allotted in the following order, and only for the following purposes:

  1. (1) Establishing a prize fund from which payments of the prize awards shall be disbursed


  2. to holders of winning lottery tickets on checks signed by the director and countersigned by the


  3. controller of the state or his or her designee.


  4. (i) The amount of payments of prize awards to holders of winning lottery tickets shall be


  5. determined by the division, but shall not be less than forty-five percent (45%) nor more than sixty-


  6. five percent (65%) seventy-one percent (71%) of the total revenue accruing from the sale of lottery


  7. tickets;


  8. (ii) For the lottery game commonly known as "Keno," the amount of prize awards to


  9. holders of winning Keno tickets shall be determined by the division, but shall not be less than forty-


  10. five percent (45%) nor more than seventy-two percent (72%) of the total revenue accruing from


  11. the sale of Keno tickets;


  12. (2) Payment of expenses incurred by the division in the operation of the state lotteries


  13. including, but not limited to, costs arising from contracts entered into by the director for


  14. promotional, consulting, or operational services, salaries of professional, technical, and clerical


  15. assistants, and purchases or lease of facilities, lottery equipment, and materials; provided however,


  16. solely for the purpose of determining revenues remaining and available for transfer to the state's


  17. general fund, expenses incurred by the division in the operation of state lotteries shall reflect (i)


  18. Beginning in fiscal year 2015, the actuarially determined employer contribution to the Employees'


  19. Retirement System consistent with the state's adopted funding policy; and (ii) Beginning in fiscal


  20. year 2018, the actuarially determined employer contribution to the State Employees and Electing


  21. Teachers' OPEB System consistent with the state's adopted funding policy. For financial reporting


  22. purposes, the state lottery fund financial statements shall be prepared in accordance with generally


  23. accepted accounting principles as promulgated by the Governmental Accounting Standards Board;


  24. and


  25. (3) Payment into the general revenue fund of all revenues remaining in the state lottery


  26. fund after the payments specified in subsections (a)(1) -- (a)(2) of this section.


  27. (b) The auditor general shall conduct an annual post audit of the financial records and


  28. operations of the lottery for the preceding year in accordance with generally accepted auditing


  29. standards and government auditing standards. In connection with the audit, the auditor general may


  30. examine all records, files, and other documents of the division, and any records of lottery sales


  31. agents that pertain to their activities as agents, for purposes of conducting the audit. The auditor


  32. general, in addition to the annual post audit, may require or conduct any other audits or studies he


  33. or she deems appropriate, the costs of which shall be borne by the division.


  34. (c) Payments into the state's general fund specified in subsection (a)(3) of this section shall

  1. be made on an estimated quarterly basis. Payment shall be made on the tenth business day following


  2. the close of the quarter except for the fourth quarter when payment shall be on the last business


  3. day.


  4. SECTION 4. Section 44-1-7 of the General Laws in Chapter 44-1 entitled "State Tax


  5. Officials" is hereby amended to read as follows:


  6. 44-1-7. Interest on delinquent payments.


  7. (a) Whenever the full amount of any state tax or any portion or deficiency, as finally


  8. determined by the tax administrator, has not been paid on the date when it is due and payable,


  9. whether the time has been extended or not, there shall be added as part of the tax or portion or


  10. deficiency interest at the rate as determined in accordance with subsection (b) of this section,


  11. notwithstanding any general or specific statute to the contrary.


  12. (b) Each January 1 the tax administrator shall compute the rate of interest to be in effect


  13. for that calendar year by adding two percent (2%) to the prime rate, which was in effect on October


  14. 1 of the preceding year, except:


  15. (1) Before January 1, 2023, iIn no event shall the rate of interest exceed twenty-one percent


  16. (21%) per annum nor be less than eighteen percent (18%) per annum;.


  17. (2) On and after January 1, 2023, in no event shall the rate of interest exceed twenty-one


  18. percent (21%) per annum nor be less than twelve percent (12%) per annum except:


  19. (A)for trust fund taxes as established by §§ 44-19-35 and 44-30-76, in no event shall the


  20. rate of interest exceed twenty-one percent (21%) per annum nor be less than eighteen percent (18%)


  21. per annum.


  22. (c) "Prime rate" as used in subsection (b) of this section means the predominant prime rate


  23. quoted by commercial banks to large businesses as determined by the board of governors of the


  24. Federal Reserve System.


  25. (d) Notwithstanding any provisions of the general laws to the contrary, the tax


  26. administrator shall waive interest and penalty on the taxable portion of each Paycheck Protection


  27. Program loan taxed pursuant to §§ 44-11-11(a)(1)(iv), 44-14-11, and 44-30-12(b)(8) and forgiven


  28. during tax year 2020 provided that the tax on that portion is paid in full on or before March 31,


  29. 2022. The tax administrator shall make available suitable forms with instructions for making tax


  30. payments on the taxable portion of such forgiven Paycheck Protection Program loans.


  31. SECTION 5. Chapter 44-1 of the General Laws entitled "State Tax Officials" is hereby


  32. amended by adding thereto the following section:


  33. 44-1-31.2. Electronic filing of large entity tax returns, electronic payments, and


  34. penalties..

  1. (a) For the purposes of this chapter, "larger business registrant" means any person who:


  2. (1) Operates as a business whose combined annual liability for all taxes administered by


  3. the division of taxation for the entity is or exceeds five thousand dollars ($5,000); or


  4. (2) Operated as a business whose annual gross income is over one hundred thousand dollars


  5. ($100,000) for the entity.


  6. (b) Beginning on January 1, 2023, any larger business registrant is required to file returns


  7. and remit taxes to the State of Rhode Island electronically.


  8. (c) Beginning on January 1, 2023, if any larger business registrant fails to pay said taxes


  9. by electronic funds transfer or other electronic means defined by the tax administrator as required


  10. hereunder, there shall be added to the amount of tax the lesser of five percent (5%) of the tax


  11. liability amount that was not filed electronically or five hundred dollars ($500), whichever is less,


  12. unless there was reasonable cause for the failure and such failure was not due to negligence or


  13. willful neglect.


  14. (d) Notwithstanding the provisions of subsection (c) of this section, beginning on January


  15. 1, 2023, if any larger business registrant fails to file a return by electronic means defined by the tax


  16. administrator as required hereunder, there shall be added to the amount of tax equal to fifty dollars


  17. ($50.00), unless there was reasonable cause for the failure and such failure was not due to


  18. negligence or willful neglect.


  19. SECTION 6. Section 44-3-3 of the General Laws in Chapter 44-3 entitled "Property


  20. Subject to Taxation" is hereby amended to read as follows:


  21. 44-3-3. Property exempt. [Effective January 1, 2022.]


  22. (a) The following property is exempt from taxation:


  23. (1) Property belonging to the state, except as provided in § 44-4-4.1;


  24. (2) Lands ceded or belonging to the United States;


  25. (3) Bonds and other securities issued and exempted from taxation by the government of


  26. the United States or of this state;


  27. (4) Real estate, used exclusively for military purposes, owned by chartered or incorporated


  28. organizations approved by the adjutant general and composed of members of the national guard,


  29. the naval militia, or the independent, chartered-military organizations;


  30. (5) Buildings for free public schools, buildings for religious worship, and the land upon


  31. which they stand and immediately surrounding them, to an extent not exceeding five (5) acres so


  32. far as the buildings and land are occupied and used exclusively for religious or educational


  33. purposes;


  34. (6) Dwellings houses and the land on which they stand, not exceeding one acre in size, or

  1. the minimum lot size for zone in which the dwelling house is located, whichever is the greater,


  2. owned by, or held in trust for, any religious organization and actually used by its officiating clergy;


  3. provided, further, that in the town of Charlestown, where the property previously described in this


  4. paragraph is exempt in total, along with dwelling houses and the land on which they stand in


  5. Charlestown, not exceeding one acre in size, or the minimum lot size for zone in which the dwelling


  6. house is located, whichever is the greater, owned by, or held in trust for, any religious organization


  7. and actually used by its officiating clergy, or used as a convent, nunnery, or retreat center by its


  8. religious order;


  9. (7) Intangible personal property owned by, or held in trust for, any religious or charitable


  10. organization, if the principal or income is used or appropriated for religious or charitable purposes;


  11. (8) Buildings and personal estate owned by any corporation used for a school, academy, or


  12. seminary of learning, and of any incorporated public charitable institution, and the land upon which


  13. the buildings stand and immediately surrounding them to an extent not exceeding one acre, so far


  14. as they are used exclusively for educational purposes, but no property or estate whatever is hereafter


  15. exempt from taxation in any case where any part of its income or profits, or of the business carried


  16. on there, is divided among its owners or stockholders; provided, however, that unless any private


  17. nonprofit corporation organized as a college or university located in the town of Smithfield reaches


  18. a memorandum of agreement with the town of Smithfield, the town of Smithfield shall bill the


  19. actual costs for police, fire, and rescue services supplied, unless otherwise reimbursed, to said


  20. corporation commencing March 1, 2014;


  21. (9) Estates, persons, and families of the president and professors for the time being of


  22. Brown University for not more than ten thousand dollars ($10,000) for each officer, the officer's


  23. estate, person, and family included, but only to the extent that any person had claimed and utilized


  24. the exemption prior to, and for a period ending, either on or after December 31, 1996;


  25. (10) Property especially exempt by charter unless the exemption has been waived in whole


  26. or in part;


  27. (11) Lots of land exclusively for burial grounds;


  28. (12) Property, real and personal, held for, or by, an incorporated library, society, or any


  29. free public library, or any free public library society, so far as the property is held exclusively for


  30. library purposes, or for the aid or support of the aged poor, or poor friendless children, or the poor


  31. generally, or for a nonprofit hospital for the sick or disabled;


  32. (13) Real or personal estate belonging to, or held in trust for, the benefit of incorporated


  33. organizations of veterans of any war in which the United States has been engaged, the parent body


  34. of which has been incorporated by act of Congress, to the extent of four hundred thousand dollars

  1. ($400,000) if actually used and occupied by the association; provided, that the city council of the


  2. city of Cranston may by ordinance exempt the real or personal estate as previously described in


  3. this subdivision located within the city of Cranston to the extent of five hundred thousand dollars


4 ($500,000);


  1. (14) Property, real and personal, held for, or by, the fraternal corporation, association, or


  2. body created to build and maintain a building or buildings for its meetings or the meetings of the


  3. general assembly of its members, or subordinate bodies of the fraternity, and for the


  4. accommodation of other fraternal bodies or associations, the entire net income of which real and


  5. personal property is exclusively applied or to be used to build, furnish, and maintain an asylum or


  6. asylums, a home or homes, a school or schools, for the free education or relief of the members of


  7. the fraternity, or the relief, support, and care of worthy and indigent members of the fraternity, their


  8. wives, widows, or orphans, and any fund given or held for the purpose of public education,


  9. almshouses, and the land and buildings used in connection therewith;


  10. (15) Real estate and personal property of any incorporated volunteer fire engine company


  11. or incorporated volunteer ambulance or rescue corps in active service;


  12. (16) The estate of any person who, in the judgment of the assessors, is unable from infirmity


  13. or poverty to pay the tax; provided, that in the towns of Burrillville and West Greenwich, the tax


  14. shall constitute a lien for five (5) years on the property where the owner is entitled to the exemption.


  15. At the expiration of five (5) years, the lien shall be abated in full. Provided, if the property is sold


  16. or conveyed, or if debt secured by the property is refinanced during the five-year (5) period, the


  17. lien immediately becomes due and payable; any person claiming the exemption aggrieved by an


  18. adverse decision of an assessor shall appeal the decision to the local board of tax review and


  19. thereafter according to the provisions of § 44-5-26;


  20. (17) Household furniture and family stores of a housekeeper in the whole, including


  21. clothing, bedding, and other white goods, books, and all other tangible personal property items that


  22. are common to the normal household;


  23. (18) Improvements made to any real property to provide a shelter and fallout protection


  24. from nuclear radiation, to the amount of one thousand five hundred dollars ($1,500); provided, that


  25. the improvements meet applicable standards for shelter construction established, from time to time,


  26. by the Rhode Island emergency management agency. The improvements are deemed to comply


  27. with the provisions of any building code or ordinance with respect to the materials or the methods


  28. of construction used and any shelter or its establishment is deemed to comply with the provisions


  29. of any zoning code or ordinance;


  30. (19) Aircraft for which the fee required by § 1-4-6 has been paid to the tax administrator;

  1. (20) Manufacturer's inventory.


  2. (i) For the purposes of §§ 44-4-10, 44-5-3, 44-5-20, and 44-5-38, a person is deemed to be


  3. a manufacturer within a city or town within this state if that person uses any premises, room, or


  4. place in it primarily for the purpose of transforming raw materials into a finished product for trade


  5. through any or all of the following operations: adapting, altering, finishing, making, and


  6. ornamenting; provided, that public utilities; non-regulated power producers commencing


  7. commercial operation by selling electricity at retail or taking title to generating facilities on or after


8 July 1, 1997; building and construction contractors; warehousing operations, including distribution


  1. bases or outlets of out-of-state manufacturers; and fabricating processes incidental to warehousing


  2. or distribution of raw materials, such as alteration of stock for the convenience of a customer; are


  3. excluded from this definition;


  4. (ii) For the purposes of this section and §§ 44-4-10 and 44-5-38, the term "manufacturer's


  5. inventory," or any similar term, means and includes the manufacturer's raw materials, the


  6. manufacturer's work in process, and finished products manufactured by the manufacturer in this


  7. state, and not sold, leased, or traded by the manufacturer or its title or right to possession divested;


  8. provided, that the term does not include any finished products held by the manufacturer in any retail


  9. store or other similar selling place operated by the manufacturer whether or not the retail


  10. establishment is located in the same building in which the manufacturer operates the manufacturing


  11. plant;


  12. (iii) For the purpose of § 44-11-2, a "manufacturer" is a person whose principal business


  13. in this state consists of transforming raw materials into a finished product for trade through any or


  14. all of the operations described in paragraph (i) of this subdivision. A person will be deemed to be


  15. principally engaged if the gross receipts that person derived from the manufacturing operations in


  16. this state during the calendar year or fiscal year mentioned in § 44-11-1 amounted to more than


  17. fifty percent (50%) of the total gross receipts that person derived from all the business activities in


  18. which that person engaged in this state during the taxable year. For the purpose of computing the


  19. percentage, gross receipts derived by a manufacturer from the sale, lease, or rental of finished


  20. products manufactured by the manufacturer in this state, even though the manufacturer's store or


  21. other selling place may be at a different location from the location of the manufacturer's


  22. manufacturing plant in this state, are deemed to have been derived from manufacturing;


  23. (iv) Within the meaning of the preceding paragraphs of this subdivision, the term


  24. "manufacturer" also includes persons who are principally engaged in any of the general activities


  25. coded and listed as establishments engaged in manufacturing in the Standard Industrial


  26. Classification Manual prepared by the Technical Committee on Industrial Classification, Office of

  1. Statistical Standards, Executive Office of the President, United States Bureau of the Budget, as


  2. revised from time to time, but eliminating as manufacturers those persons, who, because of their


  3. limited type of manufacturing activities, are classified in the manual as falling within the trade


  4. rather than an industrial classification of manufacturers. Among those thus eliminated, and


  5. accordingly also excluded as manufacturers within the meaning of this paragraph, are persons


  6. primarily engaged in selling, to the general public, products produced on the premises from which


  7. they are sold, such as neighborhood bakeries, candy stores, ice cream parlors, shade shops, and


  8. custom tailors, except, that a person who manufactures bakery products for sale primarily for home


  9. delivery, or through one or more non-baking retail outlets, and whether or not retail outlets are


  10. operated by the person, is a manufacturer within the meaning of this paragraph;


  11. (v) The term "Person" means and includes, as appropriate, a person, partnership, or


  12. corporation; and


  13. (vi) The department of revenue shall provide to the local assessors any assistance that is


  14. necessary in determining the proper application of the definitions in this subdivision;


  15. (21) Real and tangible personal property acquired to provide a treatment facility used


  16. primarily to control the pollution or contamination of the waters or the air of the state, as defined


  17. in chapter 12 of title 46 and chapter 25 of title 23, respectively, the facility having been constructed,


  18. reconstructed, erected, installed, or acquired in furtherance of federal or state requirements or


  19. standards for the control of water or air pollution or contamination, and certified as approved in an


  20. order entered by the director of environmental management. The property is exempt as long as it is


  21. operated properly in compliance with the order of approval of the director of environmental


  22. management; provided, that any grant of the exemption by the director of environmental


  23. management in excess of ten (10) years is approved by the city or town in which the property is


  24. situated. This provision applies only to water and air pollution control properties and facilities


  25. installed for the treatment of waste waters and air contaminants resulting from industrial


  26. processing; furthermore, it applies only to water or air pollution control properties and facilities


  27. placed in operation for the first time after April 13, 1970;


  28. (22) Manufacturing machinery and equipment acquired or used by a manufacturer after


29 December 31, 1974. Manufacturing machinery and equipment is defined as:


  1. (i) Machinery and equipment used exclusively in the actual manufacture or conversion of


  2. raw materials or goods in the process of manufacture by a manufacturer, as defined in subdivision


  3. (20), and machinery, fixtures, and equipment used exclusively by a manufacturer for research and


  4. development or for quality assurance of its manufactured products;


  5. (ii) Machinery and equipment that is partially used in the actual manufacture or conversion

    1. of raw materials or goods in process of manufacture by a manufacturer, as defined in subdivision


    2. (20), and machinery, fixtures, and equipment used by a manufacturer for research and development


    3. or for quality assurance of its manufactured products, to the extent to which the machinery and


    4. equipment is used for the manufacturing processes, research and development, or quality assurance.


    5. In the instances where machinery and equipment is used in both manufacturing and/or research and


    6. development and/or quality assurance activities and non-manufacturing activities, the assessment


    7. on machinery and equipment is prorated by applying the percentage of usage of the equipment for


    8. the manufacturing, research and development, and quality-assurance activity to the value of the


    9. machinery and equipment for purposes of taxation, and the portion of the value used for


    10. manufacturing, research and development, and quality assurance is exempt from taxation. The


    11. burden of demonstrating this percentage usage of machinery and equipment for manufacturing and


    12. for research and development and/or quality assurance of its manufactured products rests with the


    13. manufacturer; and


    14. (iii) Machinery and equipment described in §§ 44-18-30(7) and 44-18-30(22) that was


    15. purchased after July 1, 1997; provided that the city or town council of the city or town in which the


    16. machinery and equipment is located adopts an ordinance exempting the machinery and equipment


    17. from taxation. For purposes of this subsection, city councils and town councils of any municipality


    18. may, by ordinance, wholly or partially exempt from taxation the machinery and equipment


    19. discussed in this subsection for the period of time established in the ordinance and may, by


    20. ordinance, establish the procedures for taxpayers to avail themselves of the benefit of any


    21. exemption permitted under this section; provided, that the ordinance does not apply to any


    22. machinery or equipment of a business, subsidiary, or any affiliated business that locates or relocates


    23. from a city or town in this state to another city or town in the state;


    24. (23) Precious metal bullion, meaning any elementary metal that has been put through a


    25. process of melting or refining, and that is in a state or condition that its value depends upon its


    26. content and not its form. The term does not include fabricated precious metal that has been


    27. processed or manufactured for some one or more specific and customary industrial, professional,


    28. or artistic uses;


    29. (24) Hydroelectric power-generation equipment, which includes, but is not limited to,


    30. turbines, generators, switchgear, controls, monitoring equipment, circuit breakers, transformers,


    31. protective relaying, bus bars, cables, connections, trash racks, headgates, and conduits. The


    32. hydroelectric power-generation equipment must have been purchased after July 1, 1979, and


    33. acquired or used by a person or corporation who or that owns or leases a dam and utilizes the


    34. equipment to generate hydroelectric power;

  1. (25) Subject to authorization by formal action of the council of any city or town, any real


  2. or personal property owned by, held in trust for, or leased to an organization incorporated under


  3. chapter 6 of title 7, as amended, or an organization meeting the definition of "charitable trust" set


  4. out in § 18-9-4, as amended, or an organization incorporated under the not-for-profits statutes of


  5. another state or the District of Columbia, the purpose of which is the conserving of open space, as


  6. that term is defined in chapter 36 of title 45, as amended, provided the property is used exclusively


  7. for the purposes of the organization;


  8. (26) Tangible personal property, the primary function of which is the recycling, reuse, or


  9. recovery of materials (other than precious metals, as defined in § 44-18-30(24)(ii) and (iii)), from,


  10. or the treatment of "hazardous wastes," as defined in § 23-19.1-4, where the "hazardous wastes"


  11. are generated primarily by the same taxpayer and where the personal property is located at, in, or


  12. adjacent to a generating facility of the taxpayer. The taxpayer may, but need not, procure an order


  13. from the director of the department of environmental management certifying that the tangible


  14. personal property has this function, which order effects a conclusive presumption that the tangible


  15. personal property qualifies for the exemption under this subdivision. If any information relating to


  16. secret processes or methods of manufacture, production, or treatment is disclosed to the department


  17. of environmental management only to procure an order, and is a "trade secret" as defined in § 28-


  18. 21-10(b), it shall not be open to public inspection or publicly disclosed unless disclosure is


  19. otherwise required under chapter 21 of title 28 or chapter 24.4 of title 23;


  20. (27) Motorboats as defined in § 46-22-2 for which the annual fee required in § 46-22-4 has


  21. been paid;


  22. (28) Real and personal property of the Providence Performing Arts Center, a non-business


  23. corporation as of December 31, 1986;


  24. (29) Tangible personal property owned by, and used exclusively for the purposes of, any


  25. religious organization located in the city of Cranston;


  26. (30) Real and personal property of the Travelers Aid Society of Rhode Island, a nonprofit


  27. corporation, the Union Mall Real Estate Corporation, and any limited partnership or limited liability


  28. company that is formed in connection with, or to facilitate the acquisition of, the Providence YMCA


  29. Building;


  30. (31) Real and personal property of Meeting Street Center or MSC Realty, Inc., both not-


  31. for-profit Rhode Island corporations, and any other corporation, limited partnership, or limited


  32. liability company that is formed in connection with, or to facilitate the acquisition of, the properties


  33. designated as the Meeting Street National Center of Excellence on Eddy Street in Providence,


  34. Rhode Island;

    1. (32) The buildings, personal property, and land upon which the buildings stand, located on


    2. Pomham Island, East Providence, currently identified as Assessor's Map 211, Block 01, Parcel


    3. 001.00, that consists of approximately twenty-one thousand three hundred (21,300) square feet and


    4. is located approximately eight hundred sixty feet (860′), more or less, from the shore, and limited


    5. exclusively to these said buildings, personal estate and land, provided that said property is owned


    6. by a qualified 501(c)(3) organization, such as the American Lighthouse Foundation, and is used


    7. exclusively for a lighthouse;


    8. (33) The Stadium Theatre Performing Arts Centre building located in Monument Square,


    9. Woonsocket, Rhode Island, so long as said Stadium Theatre Performing Arts Center is owned by


    10. the Stadium Theatre Foundation, a Rhode Island nonprofit corporation;


    11. (34) Real and tangible personal property of St. Mary Academy — Bay View, located in


    12. East Providence, Rhode Island;


    13. (35) Real and personal property of East Bay Community Action Program and its


    14. predecessor, Self Help, Inc; provided, that the organization is qualified as a tax-exempt corporation


    15. under § 501(c)(3) of the United States Internal Revenue Code;


    16. (36) Real and personal property located within the city of East Providence of the Columbus


    17. Club of East Providence, a Rhode Island charitable nonprofit corporation;


    18. (37) Real and personal property located within the city of East Providence of the Columbus


    19. Club of Barrington, a Rhode Island charitable nonprofit corporation;


    20. (38) Real and personal property located within the city of East Providence of Lodge 2337


    21. BPO Elks, a Rhode Island nonprofit corporation;


    22. (39) Real and personal property located within the city of East Providence of the St.


    23. Andrews Lodge No. 39, a Rhode Island charitable nonprofit corporation;


    24. (40) Real and personal property located within the city of East Providence of the Trustees


    25. of Methodist Health and Welfare service a/k/a United Methodist Elder Care, a Rhode Island


    26. nonprofit corporation;


    27. (41) Real and personal property located on the first floor of 90 Leonard Avenue within the


    28. city of East Providence of the Zion Gospel Temple, Inc., a religious nonprofit corporation;


    29. (42) Real and personal property located within the city of East Providence of the Cape


    30. Verdean Museum Exhibit, a Rhode Island nonprofit corporation;


    31. (43) The real and personal property owned by a qualified 501(c)(3) organization that is


    32. affiliated and in good standing with a national, congressionally chartered organization and thereby


    33. adheres to that organization's standards and provides activities designed for recreational,


    34. educational, and character building purposes for children from ages six (6) years to seventeen (17)

  1. years;


  2. (44) Real and personal property of the Rhode Island Philharmonic Orchestra and Music


  3. School; provided, that the organization is qualified as a tax-exempt corporation under § 501(c)(3)


  4. of the United States Internal Revenue Code;


  5. (45) The real and personal property located within the town of West Warwick at 211


  6. Cowesett Avenue, Plat 29-Lot 25, which consists of approximately twenty-eight thousand seven


  7. hundred fifty (28,750) square feet and is owned by the Station Fire Memorial Foundation of East


  8. Greenwich, a Rhode Island nonprofit corporation;


  9. (46) Real and personal property of the Comprehensive Community Action Program, a


  10. qualified tax-exempt corporation under § 501(c)(3) of the United States Internal Revenue Code;


  11. (47) Real and personal property located at 52 Plain Street, within the city of Pawtucket of


  12. the Pawtucket Youth Soccer Association, a Rhode Island nonprofit corporation;


  13. (48) Renewable energy resources, as defined in § 39-26-5, used in residential systems and


  14. associated equipment used therewith in service after December 31, 2015;


  15. (49) Renewable energy resources, as defined in § 39-26-5, if employed by a manufacturer,


  16. as defined in subsection (a) of this section, shall be exempt from taxation in accordance with


  17. subsection (a) of this section;


  18. (50) Real and personal property located at 415 Tower Hill Road within the town of North


  19. Kingstown, of South County Community Action, Inc., a qualified tax-exempt corporation under §


  20. 501(c)(3) of the United States Internal Revenue Code;


  21. (51) As an effort to promote business growth, tangible business or personal property, in


  22. whole or in part, within the town of Charlestown's community limits, subject to authorization by


  23. formal action of the town council of the town of Charlestown;


  24. (52) All real and personal property located at 1300 Frenchtown Road, within the town of


  25. East Greenwich, identified as assessor's map 027, plat 019, lot 071, and known as the New England


  26. Wireless and Steam Museum, Inc., a qualified tax-exempt corporation under § 501(c)(3) of the


  27. United States Internal Revenue Code;


  28. (53) Real and tangible personal property of Mount Saint Charles Academy located within


  29. the city of Woonsocket, specifically identified as the following assessor's plats and lots: Logee


  30. Street, plat 23, lot 62, Logee Street, plat 24, lots 304 and 305; Welles Street, plat 23, lot 310;


  31. Monroe Street, plat 23, lot 312; and Roberge Avenue, plat 24, lot 47;


  32. (54) Real and tangible personal property of Steere House, a Rhode Island nonprofit


  33. corporation, located in Providence, Rhode Island;


  34. (55) Real and personal property located within the town of West Warwick of Tides Family

    1. Services, Inc., a Rhode Island nonprofit corporation;


    2. (56) Real and personal property of Tides Family Services, Inc., a Rhode Island nonprofit


    3. corporation, located in the city of Pawtucket at 242 Dexter Street, plat 44, lot 444;


    4. (57) Real and personal property located within the town of Middletown of Lucy's Hearth,


    5. a Rhode Island nonprofit corporation;


    6. (58) Real and tangible personal property of Habitat for Humanity of Rhode Island—


    7. Greater Providence, Inc., a Rhode Island nonprofit corporation, located in Providence, Rhode


    8. Island;


    9. (59) Real and personal property of the Artic Playhouse, a Rhode Island nonprofit


    10. corporation, located in the town of West Warwick at 1249 Main Street;


    11. (60) Real and personal property located at 321 Main Street, within the town of South


    12. Kingstown, of the Contemporary Theatre Company, a qualified, tax-exempt corporation under §


    13. 501(c)(3) of the United States Internal Revenue Code;


    14. (61) Real and personal property of The Samaritans, Inc., a Rhode Island nonprofit §


    15. 501(c)(3) corporation located at 67 Park Place, Pawtucket, Rhode Island, to the extent the city


    16. council of Pawtucket may from time to time determine;


    17. (62) Real and personal property of North Kingstown, Exeter Animal Protection League,


    18. Inc., dba "Pet Refuge," 500 Stony Lane, a Rhode Island nonprofit corporation, located in North


    19. Kingstown, Rhode Island;


    20. (63) Real and personal property located within the city of East Providence of Foster


    21. Forward (formerly the Rhode Island Foster Parents Association), a Rhode Island charitable


    22. nonprofit corporation;


    23. (64) Real and personal property located at 54 Kelly Avenue within the town of East


    24. Providence, of the Associated Radio Amateurs of Southern New England, a Rhode Island nonprofit


    25. corporation;


    26. (65) Real and tangible personal property of Providence Country Day School, a Rhode


    27. Island nonprofit corporation, located in East Providence, Rhode Island and further identified as plat


    28. 406, block 6, lot 6, and plat 506, block 1, lot 8;


    29. (66) As an effort to promote business growth, tangible business or personal property, in


    30. whole or in part, within the town of Bristol's community limits, subject to authorization by formal


    31. action of the town council of the town of Bristol;


    32. (67) Real and tangible personal property of the Heritage Harbor Foundation, a Rhode


    33. Island nonprofit corporation, located at 1445 Wampanoag Trail, Suites 103 and 201, within the city


    34. of East Providence;

  1. (68) Real property of Ocean State Community Wellness, Inc., a qualified tax-exempt


  2. corporation under § 501(c)(3) of the United States Internal Revenue Code, located in North


  3. Kingstown, Rhode Island, with a physical address of 7450 Post Road, and further identified as plat


4 108, lot 83;


  1. (69) Real and tangible personal property of St. John Baptist De La Salle Institute, d/b/a La


  2. Salle Academy, a Rhode Island domestic nonprofit corporation, located in Providence, Rhode


  3. Island denominated at the time this subsection was adopted as Plat 83 Lot 276 by the tax assessor


  4. for the city of Providence comprising approximately 26.08 acres of land along with all buildings


  5. and improvements that have been or may be made;


  6. (70) Real and tangible personal property of The Providence Community Health Centers,


  7. Inc., a Rhode Island domestic nonprofit corporation, located in Providence, Rhode Island; and


  8. (71) In the city of Central Falls and the city of Pawtucket, real property and tangible


  9. personal property located on or in the premise acquired or leased by a railroad entity and for the


  10. purpose of providing boarding and disembarking of railroad passengers and the supporting


  11. passenger railroad operations and services. For the purpose of this section, a railroad entity shall be


  12. any incorporated entity that has been duly authorized by the Rhode Island public utilities


  13. commission to provide passenger railroad services.


  14. (b) Except as provided below, when a city or town taxes a for-profit hospital facility, the


  15. value of its real property shall be the value determined by the most recent full revaluation or


  16. statistical property update performed by the city or town; provided, however, in the year a nonprofit


  17. hospital facility converts to or otherwise becomes a for-profit hospital facility, or a for-profit


  18. hospital facility is initially established, the value of the real property and personal property of the


  19. for-profit hospital facility shall be determined by a valuation performed by the assessor for the


  20. purpose of determining an initial assessed value of real and personal property, not previously taxed


  21. by the city or town, as of the most recent date of assessment pursuant to § 44-5-1, subject to a right


  22. of appeal by the for-profit hospital facility which shall be made to the city or town tax assessor with


  23. a direct appeal from an adverse decision to the Rhode Island superior court business calendar.


  24. A "for-profit hospital facility" includes all real and personal property affiliated with any


  25. hospital as identified in an application filed pursuant to chapter 17 or 17.14 of title 23.


  26. Notwithstanding the above, a city or town may enter into a stabilization agreement with a for-profit


  27. hospital facility under § 44-3-9 or other laws specific to the particular city or town relating to


  28. stabilization agreements. In a year in which a nonprofit hospital facility converts to, or otherwise


  29. becomes, a for-profit hospital facility, or a for-profit hospital facility is otherwise established, in


  30. that year only the amount levied by the city or town and/or the amount payable under the

  1. stabilization agreement for that year related to the for-profit hospital facility shall not be counted


  2. towards determining the maximum tax levy permitted under § 44-5-2.


  3. (c) Notwithstanding any other provision of law to the contrary, in an effort to provide relief


  4. for businesses, including small businesses, and to promote economic development, a city, town, or


  5. fire district may establish an exemption for tangible personal property within its geographic limits


  6. by formal action of the appropriate governing body within the city, town, or fire district, which


  7. exemptions shall be uniformly applied and in compliance with local tax classification requirements.


  8. Exemptions established pursuant to this subsection shall conform to the requirements of § 44-5-


9 12.2.


  1. SECTION 7. Chapter 44-5 of the General Laws entitled " Levy and Assessment of Local


  2. Taxes" is hereby amended by adding thereto the following sections:


  3. 44-5-11.16. Division of Municipal Finance Classification Exemption Authority.


  4. Notwithstanding any other provision of law to the contrary, the Division of Municipal


  5. Finance (Division) within the Department of Revenue shall have the authority to grant a one-year


  6. exemption to any city or town authorized to have a property tax classification structure under this


  7. chapter, where in the absence of such an exemption, the city or town would not be in compliance


  8. with its applicable tax classification structure. Any city or town seeking such an exemption shall


  9. provide the Division with any documentation that the Division deems necessary to grant an


  10. exemption. Such exemption, if approved by the Division, shall be limited to one year. The city or


  11. town, if granted such an exemption, shall be required to either have applicable state legislation


  12. approved amending the specific section of law for which the exemption was sought or adjust its


  13. class tax rates so that the city or town is in compliance for its next fiscal year.


  14. 44-5-12.2. Tangible personal property exemption -- Tax rate cap.


  15. Notwithstanding any other provision of law to the contrary, the tax rate for the class of


  16. property that includes tangible personal property for any city, town, or fire district that also


  17. establishes a tangible personal property assessment exemption, pursuant to subsections (a)(51),


  18. (a)(66), or (c) of § 44-3-3, § 44-3-47, § 44-3-65, or any other provision of law that enables a city,


  19. town, or fire district to establish a tangible personal property assessment exemption, shall be capped


  20. at the tax rate in effect for the assessment date immediately preceding the assessment date on which


  21. the exemption takes effect or the assessment date immediately following the effective date of this


  22. section, whichever is later.


  23. SECTION 8. Section 44-18-30 of the General Laws in Chapter 44-18 entitled "Sales and


  24. Use Taxes - Liability and Computation" is hereby amended to read as follows:


  25. 44-18-30. Gross receipts exempt from sales and use taxes.

  1. There are exempted from the taxes imposed by this chapter the following gross receipts:


  2. (1) Sales and uses beyond constitutional power of state. From the sale and from the storage,


  3. use, or other consumption in this state of tangible personal property the gross receipts from the sale


  4. of which, or the storage, use, or other consumption of which, this state is prohibited from taxing


  5. under the Constitution of the United States or under the constitution of this state.


  6. (2) Newspapers.


  7. (i) From the sale and from the storage, use, or other consumption in this state of any


  8. newspaper.


  9. (ii) "Newspaper" means an unbound publication printed on newsprint that contains news,


  10. editorial comment, opinions, features, advertising matter, and other matters of public interest.


  11. (iii) "Newspaper" does not include a magazine, handbill, circular, flyer, sales catalog, or


  12. similar item unless the item is printed for, and distributed as, a part of a newspaper.


  13. (3) School meals. From the sale and from the storage, use, or other consumption in this


  14. state of meals served by public, private, or parochial schools, school districts, colleges, universities,


  15. student organizations, and parent-teacher associations to the students or teachers of a school,


  16. college, or university whether the meals are served by the educational institutions or by a food


  17. service or management entity under contract to the educational institutions.


  18. (4) Containers.


  19. (i) From the sale and from the storage, use, or other consumption in this state of:


  20. (A) Non-returnable containers, including boxes, paper bags, and wrapping materials that


  21. are biodegradable and all bags and wrapping materials utilized in the medical and healing arts,


  22. when sold without the contents to persons who place the contents in the container and sell the


  23. contents with the container.


  24. (B) Containers when sold with the contents if the sale price of the contents is not required


  25. to be included in the measure of the taxes imposed by this chapter.


  26. (C) Returnable containers when sold with the contents in connection with a retail sale of


  27. the contents or when resold for refilling.


  28. (D) Keg and barrel containers, whether returnable or not, when sold to alcoholic beverage


  29. producers who place the alcoholic beverages in the containers.


  30. (ii) As used in this subdivision, the term "returnable containers" means containers of a kind


  31. customarily returned by the buyer of the contents for reuse. All other containers are "non-returnable


  32. containers."


  33. (5)(i) Charitable, educational, and religious organizations. From the sale to, as in defined


  34. in this section, and from the storage, use, and other consumption in this state, or any other state of

  1. the United States of America, of tangible personal property by hospitals not operated for a profit;


  2. "educational institutions" as defined in subdivision (18) not operated for a profit; churches,


  3. orphanages, and other institutions or organizations operated exclusively for religious or charitable


  4. purposes; interest-free loan associations not operated for profit; nonprofit, organized sporting


  5. leagues and associations and bands for boys and girls under the age of nineteen (19) years; the


  6. following vocational student organizations that are state chapters of national vocational student


  7. organizations: Distributive Education Clubs of America (DECA); Future Business Leaders of


  8. America, Phi Beta Lambda (FBLA/PBL); Future Farmers of America (FFA); Future Homemakers


  9. of America/Home Economics Related Occupations (FHA/HERD); Vocational Industrial Clubs of


  10. America (VICA); organized nonprofit golden age and senior citizens clubs for men and women;


  11. and parent-teacher associations; and from the sale, storage, use, and other consumption in this state,


  12. of and by the Industrial Foundation of Burrillville, a Rhode Island domestic nonprofit corporation.


  13. (ii) In the case of contracts entered into with the federal government, its agencies, or


  14. instrumentalities, this state, or any other state of the United States of America, its agencies, any


  15. city, town, district, or other political subdivision of the states; hospitals not operated for profit;


  16. educational institutions not operated for profit; churches, orphanages, and other institutions or


  17. organizations operated exclusively for religious or charitable purposes, the contractor may purchase


  18. such materials and supplies (materials and/or supplies are defined as those that are essential to the


  19. project) that are to be utilized in the construction of the projects being performed under the contracts


  20. without payment of the tax.


  21. (iii) The contractor shall not charge any sales or use tax to any exempt agency, institution,


  22. or organization but shall in that instance provide his or her suppliers with certificates in the form


  23. as determined by the division of taxation showing the reason for exemption and the contractor's


  24. records must substantiate the claim for exemption by showing the disposition of all property so


  25. purchased. If any property is then used for a nonexempt purpose, the contractor must pay the tax


  26. on the property used.


  27. (6) Gasoline. From the sale and from the storage, use, or other consumption in this state of:


  28. (i) Gasoline and other products taxed under chapter 36 of title 31 and (ii) Fuels used for the


  29. propulsion of airplanes.


  30. (7) Purchase for manufacturing purposes.


  31. (i) From the sale and from the storage, use, or other consumption in this state of computer


  32. software, tangible personal property, electricity, natural gas, artificial gas, steam, refrigeration, and


  33. water, when the property or service is purchased for the purpose of being manufactured into a


  34. finished product for resale and becomes an ingredient, component, or integral part of the

  1. manufactured, compounded, processed, assembled, or prepared product, or if the property or


  2. service is consumed in the process of manufacturing for resale computer software, tangible personal


  3. property, electricity, natural gas, artificial gas, steam, refrigeration, or water.


  4. (ii) "Consumed" means destroyed, used up, or worn out to the degree or extent that the


  5. property cannot be repaired, reconditioned, or rendered fit for further manufacturing use.


  6. (iii) "Consumed" includes mere obsolescence.


  7. (iv) "Manufacturing" means and includes: manufacturing, compounding, processing,


  8. assembling, preparing, or producing.


  9. (v) "Process of manufacturing" means and includes all production operations performed in


  10. the producing or processing room, shop, or plant, insofar as the operations are a part of and


  11. connected with the manufacturing for resale of tangible personal property, electricity, natural gas,


  12. artificial gas, steam, refrigeration, or water and all production operations performed insofar as the


  13. operations are a part of and connected with the manufacturing for resale of computer software.


  14. (vi) "Process of manufacturing" does not mean or include administration operations such


  15. as general office operations, accounting, collection, or sales promotion, nor does it mean or include


  16. distribution operations that occur subsequent to production operations, such as handling, storing,


  17. selling, and transporting the manufactured products, even though the administration and


  18. distribution operations are performed by, or in connection with, a manufacturing business.


  19. (8) State and political subdivisions. From the sale to, and from the storage, use, or other


  20. consumption by, this state, any city, town, district, or other political subdivision of this state. Every


  21. redevelopment agency created pursuant to chapter 31 of title 45 is deemed to be a subdivision of


  22. the municipality where it is located.


  23. (9) Food and food ingredients. From the sale and storage, use, or other consumption in this


  24. state of food and food ingredients as defined in § 44-18-7.1(l).


  25. For the purposes of this exemption "food and food ingredients" shall not include candy,


  26. soft drinks, dietary supplements, alcoholic beverages, tobacco, food sold through vending


  27. machines, or prepared food, as those terms are defined in § 44-18-7.1, unless the prepared food is:


  28. (i) Sold by a seller whose primary NAICS classification is manufacturing in sector 311,


  29. except sub-sector 3118 (bakeries);


  30. (ii) Sold in an unheated state by weight or volume as a single item;


  31. (iii) Bakery items, including: bread, rolls, buns, biscuits, bagels, croissants, pastries,


  32. donuts, danish, cakes, tortes, pies, tarts, muffins, bars, cookies, tortillas; and


  33. is not sold with utensils provided by the seller, including: plates, knives, forks, spoons,


  34. glasses, cups, napkins, or straws.

  1. (10) Medicines, drugs, and durable medical equipment. From the sale and from the storage,


  2. use, or other consumption in this state, of:


  3. (i) "Drugs" as defined in § 44-18-7.1(h)(i), sold on prescriptions, medical oxygen, and


  4. insulin whether or not sold on prescription. For purposes of this exemption drugs shall not include


  5. over-the-counter drugs and grooming and hygiene products as defined in § 44-18-7.1(h)(iii).


  6. (ii) Durable medical equipment as defined in § 44-18-7.1(k) for home use only, including,


  7. but not limited to: syringe infusers, ambulatory drug delivery pumps, hospital beds, convalescent


  8. chairs, and chair lifts. Supplies used in connection with syringe infusers and ambulatory drug


  9. delivery pumps that are sold on prescription to individuals to be used by them to dispense or


  10. administer prescription drugs, and related ancillary dressings and supplies used to dispense or


  11. administer prescription drugs, shall also be exempt from tax.


  12. (11) Prosthetic devices and mobility enhancing equipment. From the sale and from the


  13. storage, use, or other consumption in this state, of prosthetic devices as defined in § 44-18-7.1(t),


  14. sold on prescription, including, but not limited to: artificial limbs, dentures, spectacles, eyeglasses,


  15. and artificial eyes; artificial hearing devices and hearing aids, whether or not sold on prescription;


  16. and mobility enhancing equipment as defined in § 44-18-7.1(p), including wheelchairs, crutches,


  17. and canes.


  18. (12) Coffins, caskets, urns, shrouds and burial garments. From the sale and from the


  19. storage, use, or other consumption in this state of coffins, caskets, burial containers, urns, urn liners,


  20. urn vaults, grave liners, grave vaults, burial tent setups, prayer cards, shrouds, and other burial


  21. garments that are ordinarily sold by a funeral director as part of the business of funeral directing.


  22. (13) Motor vehicles sold to nonresidents.


  23. (i) From the sale, subsequent to June 30, 1958, of a motor vehicle to a bona fide nonresident


  24. of this state who does not register the motor vehicle in this state, whether the sale or delivery of the


  25. motor vehicle is made in this state or at the place of residence of the nonresident. A motor vehicle


  26. sold to a bona fide nonresident whose state of residence does not allow a like exemption to its


  27. nonresidents is not exempt from the tax imposed under § 44-18-20. In that event, the bona fide


  28. nonresident pays a tax to Rhode Island on the sale at a rate equal to the rate that would be imposed


  29. in his or her state of residence not to exceed the rate that would have been imposed under § 44-18-


  30. 20. Notwithstanding any other provisions of law, a licensed motor vehicle dealer shall add and


  31. collect the tax required under this subdivision and remit the tax to the tax administrator under the


  32. provisions of chapters 18 and 19 of this title. When a Rhode Island licensed, motor vehicle dealer


  33. is required to add and collect the sales and use tax on the sale of a motor vehicle to a bona fide


  34. nonresident as provided in this section, the dealer in computing the tax takes into consideration the

  1. law of the state of the nonresident as it relates to the trade-in of motor vehicles.


  2. (ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may


  3. require any licensed motor vehicle dealer to keep records of sales to bona fide nonresidents as the


  4. tax administrator deems reasonably necessary to substantiate the exemption provided in this


  5. subdivision, including the affidavit of a licensed motor vehicle dealer that the purchaser of the


  6. motor vehicle was the holder of, and had in his or her possession a valid out-of-state motor vehicle


  7. registration or a valid out-of-state driver's license.


  8. (iii) Any nonresident who registers a motor vehicle in this state within ninety (90) days of


  9. the date of its sale to him or her is deemed to have purchased the motor vehicle for use, storage, or


  10. other consumption in this state, and is subject to, and liable for, the use tax imposed under the


  11. provisions of § 44-18-20.


  12. (14) Sales in public buildings by blind people. From the sale and from the storage, use, or


  13. other consumption in all public buildings in this state of all products or wares by any person


  14. licensed under § 40-9-11.1.


  15. (15) Air and water pollution control facilities. From the sale, storage, use, or other


  16. consumption in this state of tangible personal property or supplies acquired for incorporation into


  17. or used and consumed in the operation of a facility, the primary purpose of which is to aid in the


  18. control of the pollution or contamination of the waters or air of the state, as defined in chapter 12


  19. of title 46 and chapter 23 of title 23, respectively, and that has been certified as approved for that


  20. purpose by the director of environmental management. The director of environmental management


21 may certify to a portion of the tangible personal property or supplies acquired for incorporation


  1. into those facilities or used and consumed in the operation of those facilities to the extent that that


  2. portion has as its primary purpose the control of the pollution or contamination of the waters or air


  3. of this state. As used in this subdivision, "facility" means any land, facility, device, building,


  4. machinery, or equipment.


  5. (16) Camps. From the rental charged for living quarters, or sleeping, or housekeeping


  6. accommodations at camps or retreat houses operated by religious, charitable, educational, or other


  7. organizations and associations mentioned in subsection (5), or by privately owned and operated


  8. summer camps for children.


  9. (17) Certain institutions. From the rental charged for living or sleeping quarters in an


  10. institution licensed by the state for the hospitalization, custodial, or nursing care of human beings.


  11. (18) Educational institutions. From the rental charged by any educational institution for


  12. living quarters, or sleeping, or housekeeping accommodations or other rooms or accommodations


  13. to any student or teacher necessitated by attendance at an educational institution. "Educational

  1. institution" as used in this section means an institution of learning not operated for profit that is


  2. empowered to confer diplomas, educational, literary, or academic degrees; that has a regular


  3. faculty, curriculum, and organized body of pupils or students in attendance throughout the usual


  4. school year; that keeps and furnishes to students and others records required and accepted for


  5. entrance to schools of secondary, collegiate, or graduate rank; and no part of the net earnings of


  6. which inures to the benefit of any individual.


  7. (19) Motor vehicle and adaptive equipment for persons with disabilities.


  8. (i) From the sale of: (A) Special adaptations; (B) The component parts of the special


  9. adaptations; or (C) A specially adapted motor vehicle; provided that the owner furnishes to the tax


  10. administrator an affidavit of a licensed physician to the effect that the specially adapted motor


  11. vehicle is necessary to transport a family member with a disability or where the vehicle has been


  12. specially adapted to meet the specific needs of the person with a disability. This exemption applies


  13. to not more than one motor vehicle owned and registered for personal, noncommercial use.


  14. (ii) For the purpose of this subsection the term "special adaptations" includes, but is not


  15. limited to: wheelchair lifts, wheelchair carriers, wheelchair ramps, wheelchair securements, hand


  16. controls, steering devices, extensions, relocations, and crossovers of operator controls, power-


  17. assisted controls, raised tops or dropped floors, raised entry doors, or alternative signaling devices


  18. to auditory signals.


  19. (iii) From the sale of: (a) Special adaptations, (b) The component parts of the special


  20. adaptations, for a "wheelchair accessible taxicab" as defined in § 39-14-1, and/or a "wheelchair


  21. accessible public motor vehicle" as defined in § 39-14.1-1.


  22. (iv) For the purpose of this subdivision the exemption for a "specially adapted motor


  23. vehicle" means a use tax credit not to exceed the amount of use tax that would otherwise be due on


  24. the motor vehicle, exclusive of any adaptations. The use tax credit is equal to the cost of the special


  25. adaptations, including installation.


  26. (20) Heating fuels. From the sale and from the storage, use, or other consumption in this


  27. state of every type of heating fuel.


  28. (21) Electricity and gas. From the sale and from the storage, use, or other consumption in


  29. this state of electricity and gas.


  30. (22) Manufacturing machinery and equipment.


  31. (i) From the sale and from the storage, use, or other consumption in this state of tools, dies,


  32. molds, machinery, equipment (including replacement parts), and related items to the extent used in


  33. an industrial plant in connection with the actual manufacture, conversion, or processing of tangible


  34. personal property, or to the extent used in connection with the actual manufacture, conversion, or

  1. processing of computer software as that term is utilized in industry numbers 7371, 7372, and 7373


  2. in the standard industrial classification manual prepared by the Technical Committee on Industrial


  3. Classification, Office of Statistical Standards, Executive Office of the President, United States


  4. Bureau of the Budget, as revised from time to time, to be sold, or that machinery and equipment


  5. used in the furnishing of power to an industrial manufacturing plant. For the purposes of this


  6. subdivision, "industrial plant" means a factory at a fixed location primarily engaged in the


  7. manufacture, conversion, or processing of tangible personal property to be sold in the regular


  8. course of business;


  9. (ii) Machinery and equipment and related items are not deemed to be used in connection


  10. with the actual manufacture, conversion, or processing of tangible personal property, or in


  11. connection with the actual manufacture, conversion, or processing of computer software as that


  12. term is utilized in industry numbers 7371, 7372, and 7373 in the standard industrial classification


  13. manual prepared by the Technical Committee on Industrial Classification, Office of Statistical


  14. Standards, Executive Office of the President, United States Bureau of the Budget, as revised from


  15. time to time, to be sold to the extent the property is used in administration or distribution operations;


  16. (iii) Machinery and equipment and related items used in connection with the actual


  17. manufacture, conversion, or processing of any computer software or any tangible personal property


  18. that is not to be sold and that would be exempt under subdivision (7) or this subdivision if purchased


  19. from a vendor or machinery and equipment and related items used during any manufacturing,


  20. converting, or processing function is exempt under this subdivision even if that operation, function,


  21. or purpose is not an integral or essential part of a continuous production flow or manufacturing


  22. process;


  23. (iv) Where a portion of a group of portable or mobile machinery is used in connection with


  24. the actual manufacture, conversion, or processing of computer software or tangible personal


  25. property to be sold, as previously defined, that portion, if otherwise qualifying, is exempt under


  26. this subdivision even though the machinery in that group is used interchangeably and not otherwise


  27. identifiable as to use.


  28. (23) Trade-in value of motor vehicles. From the sale and from the storage, use, or other


  29. consumption in this state of so much of the purchase price paid for a new or used automobile as is


  30. allocated for a trade-in allowance on the automobile of the buyer given in trade to the seller, or of


  31. the proceeds applicable only to the automobile as are received from the manufacturer of


  32. automobiles for the repurchase of the automobile whether the repurchase was voluntary or not


  33. towards the purchase of a new or used automobile by the buyer. For the purpose of this subdivision,


  34. the word "automobile" means a private passenger automobile not used for hire and does not refer

  1. to any other type of motor vehicle.


  2. (24) Precious metal bullion.


  3. (i) From the sale and from the storage, use, or other consumption in this state of precious


  4. metal bullion, substantially equivalent to a transaction in securities or commodities.


  5. (ii) For purposes of this subdivision, "precious metal bullion" means any elementary


  6. precious metal that has been put through a process of smelting or refining, including, but not limited


  7. to: gold, silver, platinum, rhodium, and chromium, and that is in a state or condition that its value


  8. depends upon its content and not upon its form.


  9. (iii) The term does not include fabricated precious metal that has been processed or


  10. manufactured for some one or more specific and customary industrial, professional, or artistic uses.


  11. (25) Commercial vessels. From sales made to a commercial ship, barge, or other vessel of


  12. fifty (50) tons burden or over, primarily engaged in interstate or foreign commerce, and from the


  13. repair, alteration, or conversion of the vessels, and from the sale of property purchased for the use


  14. of the vessels including provisions, supplies, and material for the maintenance and/or repair of the


  15. vessels.


  16. (26) Commercial fishing vessels. From the sale and from the storage, use, or other


  17. consumption in this state of vessels and other watercraft that are in excess of five (5) net tons and


  18. that are used exclusively for "commercial fishing," as defined in this subdivision, and from the


  19. repair, alteration, or conversion of those vessels and other watercraft, and from the sale of property


  20. purchased for the use of those vessels and other watercraft including provisions, supplies, and


  21. material for the maintenance and/or repair of the vessels and other watercraft and the boats nets,


  22. cables, tackle, and other fishing equipment appurtenant to or used in connection with the


  23. commercial fishing of the vessels and other watercraft. "Commercial fishing" means taking or


  24. attempting to take any fish, shellfish, crustacea, or bait species with the intent of disposing of it for


  25. profit or by sale, barter, trade, or in commercial channels. The term does not include subsistence


  26. fishing, i.e., the taking for personal use and not for sale or barter; or sport fishing; but shall include


  27. vessels and other watercraft with a Rhode Island party and charter boat license issued by the


  28. department of environmental management pursuant to § 20-2-27.1 that meet the following criteria:


  29. (i) The operator must have a current United States Coast Guard (U.S.C.G.) license to carry


  30. passengers for hire; (ii) U.S.C.G. vessel documentation in the coast wide fishery trade; (iii)


  31. U.S.C.G. vessel documentation as to proof of Rhode Island home port status or a Rhode Island boat


  32. registration to prove Rhode Island home port status; and (iv) The vessel must be used as a


  33. commercial passenger carrying fishing vessel to carry passengers for fishing. The vessel must be


  34. able to demonstrate that at least fifty percent (50%) of its annual gross income derives from charters

  1. or provides documentation of a minimum of one hundred (100) charter trips annually; and (v) The


  2. vessel must have a valid Rhode Island party and charter boat license. The tax administrator shall


  3. implement the provisions of this subdivision by promulgating rules and regulations relating thereto.


  4. (27) Clothing and footwear. From the sales of articles of clothing, including footwear,


  5. intended to be worn or carried on or about the human body for sales prior to October 1, 2012.


  6. Effective October 1, 2012, the exemption will apply to the sales of articles of clothing, including


  7. footwear, intended to be worn or carried on or about the human body up to two hundred and fifty


  8. dollars ($250) of the sales price per item. For the purposes of this section, "clothing or footwear"


  9. does not include clothing accessories or equipment or special clothing or footwear primarily


  10. designed for athletic activity or protective use as these terms are defined in section 44-18-7.1(f). In


  11. recognition of the work being performed by the streamlined sales and use tax governing board,


  12. upon passage of any federal law that authorizes states to require remote sellers to collect and remit


  13. sales and use taxes, this unlimited exemption will apply as it did prior to October 1, 2012. The


  14. unlimited exemption on sales of clothing and footwear shall take effect on the date that the state


  15. requires remote sellers to collect and remit sales and use taxes.


  16. (28) Water for residential use. From the sale and from the storage, use, or other


  17. consumption in this state of water furnished for domestic use by occupants of residential premises.


  18. (29) Bibles. [Unconstitutional; see Ahlburn v. Clark, 728 A.2d 449 (R.I. 1999); see Notes


  19. to Decisions.] From the sale and from the storage, use, or other consumption in the state of any


  20. canonized scriptures of any tax-exempt nonprofit religious organization including, but not limited


  21. to, the Old Testament and the New Testament versions.


  22. (30) Boats.


  23. (i) From the sale of a boat or vessel to a bona fide nonresident of this state who does not


  24. register the boat or vessel in this state or document the boat or vessel with the United States


  25. government at a home port within the state, whether the sale or delivery of the boat or vessel is


  26. made in this state or elsewhere; provided, that the nonresident transports the boat within thirty (30)


  27. days after delivery by the seller outside the state for use thereafter solely outside the state.


  28. (ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may


  29. require the seller of the boat or vessel to keep records of the sales to bona fide nonresidents as the


  30. tax administrator deems reasonably necessary to substantiate the exemption provided in this


  31. subdivision, including the affidavit of the seller that the buyer represented himself or herself to be


  32. a bona fide nonresident of this state and of the buyer that he or she is a nonresident of this state.


  33. (31) Youth activities equipment. From the sale, storage, use, or other consumption in this


  34. state of items for not more than twenty dollars ($20.00) each by nonprofit Rhode Island

  1. eleemosynary organizations, for the purposes of youth activities that the organization is formed to


  2. sponsor and support; and by accredited elementary and secondary schools for the purposes of the


  3. schools or of organized activities of the enrolled students.


  4. (32) Farm equipment. From the sale and from the storage or use of machinery and


  5. equipment used directly for commercial farming and agricultural production; including, but not


  6. limited to: tractors, ploughs, harrows, spreaders, seeders, milking machines, silage conveyors,


  7. balers, bulk milk storage tanks, trucks with farm plates, mowers, combines, irrigation equipment,


  8. greenhouses and greenhouse coverings, graders and packaging machines, tools and supplies and


  9. other farming equipment, including replacement parts appurtenant to or used in connection with


  10. commercial farming and tools and supplies used in the repair and maintenance of farming


  11. equipment. "Commercial farming" means the keeping or boarding of five (5) or more horses or the


  12. production within this state of agricultural products, including, but not limited to, field or orchard


  13. crops, livestock, dairy, and poultry, or their products, where the keeping, boarding, or production


  14. provides at least two thousand five hundred dollars ($2,500) in annual gross sales to the operator,


  15. whether an individual, a group, a partnership, or a corporation for exemptions issued prior to July


  16. 1, 2002. For exemptions issued or renewed after July 1, 2002, there shall be two (2) levels. Level I


  17. shall be based on proof of annual, gross sales from commercial farming of at least twenty-five


  18. hundred dollars ($2,500) and shall be valid for purchases subject to the exemption provided in this


  19. subdivision except for motor vehicles with an excise tax value of five thousand dollars ($5,000) or


  20. greater. Level II shall be based on proof of annual gross sales from commercial farming of at least


  21. ten thousand dollars ($10,000) or greater and shall be valid for purchases subject to the exemption


  22. provided in this subdivision including motor vehicles with an excise tax value of five thousand


  23. dollars ($5,000) or greater. For the initial issuance of the exemptions, proof of the requisite amount


  24. of annual gross sales from commercial farming shall be required for the prior year; for any renewal


  25. of an exemption granted in accordance with this subdivision at either level I or level II, proof of


  26. gross annual sales from commercial farming at the requisite amount shall be required for each of


  27. the prior two (2) years. Certificates of exemption issued or renewed after July 1, 2002, shall clearly


  28. indicate the level of the exemption and be valid for four (4) years after the date of issue. This


  29. exemption applies even if the same equipment is used for ancillary uses, or is temporarily used for


  30. a non-farming or a non-agricultural purpose, but shall not apply to motor vehicles acquired after


31 July 1, 2002, unless the vehicle is a farm vehicle as defined pursuant to § 31-1-8 and is eligible for


  1. registration displaying farm plates as provided for in § 31-3-31.


  2. (33) Compressed air. From the sale and from the storage, use, or other consumption in the


  3. state of compressed air.

    1. (34) Flags. From the sale and from the storage, consumption, or other use in this state of


    2. United States, Rhode Island or POW-MIA flags.


    3. (35) Motor vehicle and adaptive equipment to certain veterans. From the sale of a motor


    4. vehicle and adaptive equipment to and for the use of a veteran with a service-connected loss of or


    5. the loss of use of a leg, foot, hand, or arm, or any veteran who is a double amputee, whether service


    6. connected or not. The motor vehicle must be purchased by and especially equipped for use by the


    7. qualifying veteran. Certificate of exemption or refunds of taxes paid is granted under rules or


    8. regulations that the tax administrator may prescribe.


    9. (36) Textbooks. From the sale and from the storage, use, or other consumption in this state


    10. of textbooks by an "educational institution," as defined in subsection (18) of this section, and any


    11. educational institution within the purview of § 16-63-9(4), and used textbooks by any purveyor.


    12. (37) Tangible personal property and supplies used in on-site hazardous waste recycling,


    13. reuse, or treatment. From the sale, storage, use, or other consumption in this state of tangible


    14. personal property or supplies used or consumed in the operation of equipment, the exclusive


    15. function of which is the recycling, reuse, or recovery of materials (other than precious metals, as


    16. defined in subdivision (24)(ii) of this section) from the treatment of "hazardous wastes," as defined


    17. in § 23-19.1-4, where the "hazardous wastes" are generated in Rhode Island solely by the same


    18. taxpayer and where the personal property is located at, in, or adjacent to a generating facility of the


    19. taxpayer in Rhode Island. The taxpayer shall procure an order from the director of the department


    20. of environmental management certifying that the equipment and/or supplies as used or consumed,


    21. qualify for the exemption under this subdivision. If any information relating to secret processes or


    22. methods of manufacture, production, or treatment is disclosed to the department of environmental


    23. management only to procure an order, and is a "trade secret" as defined in § 28-21-10(b), it is not


    24. open to public inspection or publicly disclosed unless disclosure is required under chapter 21 of


    25. title 28 or chapter 24.4 of title 23.


    26. (38) Promotional and product literature of boat manufacturers. From the sale and from the


    27. storage, use, or other consumption of promotional and product literature of boat manufacturers


    28. shipped to points outside of Rhode Island that either: (i) Accompany the product that is sold; (ii)


    29. Are shipped in bulk to out-of-state dealers for use in the sale of the product; or (iii) Are mailed to


    30. customers at no charge.


    31. (39) Food items paid for by food stamps. From the sale and from the storage, use, or other


    32. consumption in this state of eligible food items payment for which is properly made to the retailer


    33. in the form of U.S. government food stamps issued in accordance with the Food Stamp Act of 1977,


      34 7 U.S.C. § 2011 et seq.

      1. (40) Transportation charges. From the sale or hiring of motor carriers as defined in § 39-


      2. 12-2(12) to haul goods, when the contract or hiring cost is charged by a motor freight tariff filed


      3. with the Rhode Island public utilities commission on the number of miles driven or by the number


      4. of hours spent on the job.


      5. (41) Trade-in value of boats. From the sale and from the storage, use, or other consumption


      6. in this state of so much of the purchase price paid for a new or used boat as is allocated for a trade-


      7. in allowance on the boat of the buyer given in trade to the seller or of the proceeds applicable only


      8. to the boat as are received from an insurance claim as a result of a stolen or damaged boat, towards


      9. the purchase of a new or used boat by the buyer.


      10. (42) Equipment used for research and development. From the sale and from the storage,


      11. use, or other consumption of equipment to the extent used for research and development purposes


      12. by a qualifying firm. For the purposes of this subsection, "qualifying firm" means a business for


      13. which the use of research and development equipment is an integral part of its operation and


      14. "equipment" means scientific equipment, computers, software, and related items.


      15. (43) Coins. From the sale and from the other consumption in this state of coins having


      16. numismatic or investment value.


      17. (44) Farm structure construction materials. Lumber, hardware, and other materials used in


      18. the new construction of farm structures, including production facilities such as, but not limited to:


      19. farrowing sheds, free stall and stanchion barns, milking parlors, silos, poultry barns, laying houses,


      20. fruit and vegetable storages, rooting cellars, propagation rooms, greenhouses, packing rooms,


      21. machinery storage, seasonal farm worker housing, certified farm markets, bunker and trench silos,


      22. feed storage sheds, and any other structures used in connection with commercial farming.


      23. (45) Telecommunications carrier access service. Carrier access service or


      24. telecommunications service when purchased by a telecommunications company from another


      25. telecommunications company to facilitate the provision of telecommunications service.


      26. (46) Boats or vessels brought into the state exclusively for winter storage, maintenance,


      27. repair, or sale. Notwithstanding the provisions of §§ 44-18-10, 44-18-11 and 44-18-20, the tax


      28. imposed by § 44-18-20 is not applicable for the period commencing on the first day of October in


      29. any year up to and including the 30th day of April next succeeding with respect to the use of any


      30. boat or vessel within this state exclusively for purposes of: (i) Delivery of the vessel to a facility in


      31. this state for storage, including dry storage and storage in water by means of apparatus preventing


      32. ice damage to the hull, maintenance, or repair; (ii) The actual process of storage, maintenance, or


      33. repair of the boat or vessel; or (iii) Storage for the purpose of selling the boat or vessel.


      34. (47) Jewelry display product. From the sale and from the storage, use, or other consumption

  1. in this state of tangible personal property used to display any jewelry product; provided that title to


  2. the jewelry display product is transferred by the jewelry manufacturer or seller and that the jewelry


  3. display product is shipped out of state for use solely outside the state and is not returned to the


  4. jewelry manufacturer or seller.


  5. (48) Boats or vessels generally. Notwithstanding the provisions of this chapter, the tax


  6. imposed by §§ 44-18-20 and 44-18-18 shall not apply with respect to the sale and to the storage,


  7. use, or other consumption in this state of any new or used boat. The exemption provided for in this


  8. subdivision does not apply after October 1, 1993, unless prior to October 1, 1993, the federal ten


  9. percent (10%) surcharge on luxury boats is repealed.


  10. (49) Banks and regulated investment companies interstate toll-free calls. Notwithstanding


  11. the provisions of this chapter, the tax imposed by this chapter does not apply to the furnishing of


  12. interstate and international, toll-free terminating telecommunication service that is used directly


  13. and exclusively by or for the benefit of an eligible company as defined in this subdivision; provided


  14. that an eligible company employs on average during the calendar year no less than five hundred


  15. (500) "full-time equivalent employees" as that term is defined in § 42-64.5-2. For purposes of this


  16. section, an "eligible company" means a "regulated investment company" as that term is defined in


  17. the Internal Revenue Code of 1986, 26 U.S.C. § 851, or a corporation to the extent the service is


  18. provided, directly or indirectly, to or on behalf of a regulated investment company, an employee


  19. benefit plan, a retirement plan or a pension plan, or a state-chartered bank.


  20. (50) Mobile and manufactured homes generally. From the sale and from the storage, use,


  21. or other consumption in this state of mobile and/or manufactured homes as defined and subject to


  22. taxation pursuant to the provisions of chapter 44 of title 31.


  23. (51) Manufacturing business reconstruction materials.


  24. (i) From the sale and from the storage, use, or other consumption in this state of lumber,


  25. hardware, and other building materials used in the reconstruction of a manufacturing business


  26. facility that suffers a disaster, as defined in this subdivision, in this state. "Disaster" means any


  27. occurrence, natural or otherwise, that results in the destruction of sixty percent (60%) or more of


  28. an operating manufacturing business facility within this state. "Disaster" does not include any


  29. damage resulting from the willful act of the owner of the manufacturing business facility.


  30. (ii) Manufacturing business facility includes, but is not limited to, the structures housing


  31. the production and administrative facilities.


  32. (iii) In the event a manufacturer has more than one manufacturing site in this state, the sixty


  33. percent (60%) provision applies to the damages suffered at that one site.


  34. (iv) To the extent that the costs of the reconstruction materials are reimbursed by insurance,

    1. this exemption does not apply.


    2. (52) Tangible personal property and supplies used in the processing or preparation of floral


    3. products and floral arrangements. From the sale, storage, use, or other consumption in this state of


    4. tangible personal property or supplies purchased by florists, garden centers, or other like producers


    5. or vendors of flowers, plants, floral products, and natural and artificial floral arrangements that are


    6. ultimately sold with flowers, plants, floral products, and natural and artificial floral arrangements


    7. or are otherwise used in the decoration, fabrication, creation, processing, or preparation of flowers,


    8. plants, floral products, or natural and artificial floral arrangements, including descriptive labels,


    9. stickers, and cards affixed to the flower, plant, floral product, or arrangement, artificial flowers,


    10. spray materials, floral paint and tint, plant shine, flower food, insecticide, and fertilizers.


    11. (53) Horse food products. From the sale and from the storage, use, or other consumption


    12. in this state of horse food products purchased by a person engaged in the business of the boarding


    13. of horses.


    14. (54) Non-motorized recreational vehicles sold to nonresidents.


    15. (i) From the sale, subsequent to June 30, 2003, of a non-motorized recreational vehicle to


    16. a bona fide nonresident of this state who does not register the non-motorized recreational vehicle


    17. in this state, whether the sale or delivery of the non-motorized recreational vehicle is made in this


    18. state or at the place of residence of the nonresident; provided that a non-motorized recreational


    19. vehicle sold to a bona fide nonresident whose state of residence does not allow a like exemption to


    20. its nonresidents is not exempt from the tax imposed under § 44-18-20; provided, further, that in


    21. that event the bona fide nonresident pays a tax to Rhode Island on the sale at a rate equal to the rate


    22. that would be imposed in his or her state of residence not to exceed the rate that would have been


    23. imposed under § 44-18-20. Notwithstanding any other provisions of law, a licensed, non-motorized


    24. recreational vehicle dealer shall add and collect the tax required under this subdivision and remit


    25. the tax to the tax administrator under the provisions of chapters 18 and 19 of this title. Provided,


    26. that when a Rhode Island licensed, non-motorized recreational vehicle dealer is required to add and


    27. collect the sales and use tax on the sale of a non-motorized recreational vehicle to a bona fide


    28. nonresident as provided in this section, the dealer in computing the tax takes into consideration the


    29. law of the state of the nonresident as it relates to the trade-in of motor vehicles.


    30. (ii) The tax administrator, in addition to the provisions of §§ 44-19-27 and 44-19-28, may


    31. require any licensed, non-motorized recreational vehicle dealer to keep records of sales to bona fide


    32. nonresidents as the tax administrator deems reasonably necessary to substantiate the exemption


    33. provided in this subdivision, including the affidavit of a licensed, non-motorized recreational


    34. vehicle dealer that the purchaser of the non-motorized recreational vehicle was the holder of, and

  1. had in his or her possession a valid out-of-state non-motorized recreational vehicle registration or


  2. a valid out-of-state driver's license.


  3. (iii) Any nonresident who registers a non-motorized recreational vehicle in this state within


  4. ninety (90) days of the date of its sale to him or her is deemed to have purchased the non-motorized


  5. recreational vehicle for use, storage, or other consumption in this state, and is subject to, and liable


  6. for, the use tax imposed under the provisions of § 44-18-20.


  7. (iv) "Non-motorized recreational vehicle" means any portable dwelling designed and


  8. constructed to be used as a temporary dwelling for travel, camping, recreational, and vacation use


  9. that is eligible to be registered for highway use, including, but not limited to, "pick-up coaches" or


  10. "pick-up campers," "travel trailers," and "tent trailers" as those terms are defined in chapter 1 of


  11. title 31.


  12. (55) Sprinkler and fire alarm systems in existing buildings. From the sale in this state of


  13. sprinkler and fire alarm systems; emergency lighting and alarm systems; and the materials


  14. necessary and attendant to the installation of those systems that are required in buildings and


  15. occupancies existing therein in July 2003 in order to comply with any additional requirements for


  16. such buildings arising directly from the enactment of the Comprehensive Fire Safety Act of 2003


  17. and that are not required by any other provision of law or ordinance or regulation adopted pursuant


  18. to that act. The exemption provided in this subdivision shall expire on December 31, 2008.


  19. (56) Aircraft. Notwithstanding the provisions of this chapter, the tax imposed by §§ 44-18-


  20. 18 and 44-18-20 shall not apply with respect to the sale and to the storage, use, or other consumption


  21. in this state of any new or used aircraft or aircraft parts.


  22. (57) Renewable energy products. Notwithstanding any other provisions of Rhode Island


  23. general laws, the following products shall also be exempt from sales tax: solar photovoltaic


  24. modules or panels, or any module or panel that generates electricity from light; solar thermal


  25. collectors, including, but not limited to, those manufactured with flat glass plates, extruded plastic,


  26. sheet metal, and/or evacuated tubes; geothermal heat pumps, including both water-to-water and


  27. water-to-air type pumps; wind turbines; towers used to mount wind turbines if specified by or sold


  28. by a wind turbine manufacturer; DC to AC inverters that interconnect with utility power lines; and


  29. manufactured mounting racks and ballast pans for solar collector, module, or panel installation. Not


  30. to include materials that could be fabricated into such racks; monitoring and control equipment, if


  31. specified or supplied by a manufacturer of solar thermal, solar photovoltaic, geothermal, or wind


  32. energy systems or if required by law or regulation for such systems but not to include pumps, fans


  33. or plumbing or electrical fixtures unless shipped from the manufacturer affixed to, or an integral


  34. part of, another item specified on this list; and solar storage tanks that are part of a solar domestic

  1. hot water system or a solar space heating system. If the tank comes with an external heat exchanger


  2. it shall also be tax exempt, but a standard hot water tank is not exempt from state sales tax.


  3. (58) Returned property. The amount charged for property returned by customers upon


  4. rescission of the contract of sale when the entire amount exclusive of handling charges paid for the


  5. property is refunded in either cash or credit, and where the property is returned within one hundred


  6. twenty (120) days from the date of delivery.


  7. (59) Dietary supplements. From the sale and from the storage, use, or other consumption


  8. of dietary supplements as defined in § 44-18-7.1(l)(v), sold on prescriptions.


  9. (60) Blood. From the sale and from the storage, use, or other consumption of human blood.


  10. (61) Agricultural products for human consumption. From the sale and from the storage,


  11. use, or other consumption of livestock and poultry of the kinds of products that ordinarily constitute


  12. food for human consumption and of livestock of the kind the products of which ordinarily constitute


  13. fibers for human use.


  14. (62) Diesel emission control technology. From the sale and use of diesel retrofit technology


  15. that is required by § 31-47.3-4.


  16. (63) Feed for certain animals used in commercial farming. From the sale of feed for animals


  17. as described in subsection (61) of this section.


  18. (64) Alcoholic beverages. From the sale and storage, use, or other consumption in this state


  19. by a Class A licensee of alcoholic beverages, as defined in § 44-18-7.1, excluding beer and malt


  20. beverages; provided, further, notwithstanding § 6-13-1 or any other general or public law to the


  21. contrary, alcoholic beverages, as defined in § 44-18-7.1, shall not be subject to minimum markup.


  22. (65) Seeds and plants used to grow food and food ingredients. From the sale, storage, use,


  23. or other consumption in this state of seeds and plants used to grow food and food ingredients as


  24. defined in § 44-18-7.1(l)(i). "Seeds and plants used to grow food and food ingredients" shall not


  25. include marijuana seeds or plants.


  26. (66) Feminine hygiene products. From the sale and from the storage, use, or other


  27. consumption of tampons, panty liners, menstrual cups, sanitary napkins, and other similar products


  28. the principal use of which is feminine hygiene in connection with the menstrual cycle.


  29. (67) Breast pump collection and storage supplies" means items of tangible personal


  30. property used in conjunction with a breast pump to collect milk expressed from a human breast and


  31. to store collected milk until it is ready for consumption. "Breast pump collection and storage


  32. supplies" include, but are not limited to, breast shields and breast shield connectors; breast pump


  33. tubes and tubing adapters; breast pump valves and membranes; backflow protectors and backflow


  34. protector adaptors; bottles and bottle caps specific to the operation of the breast pump; breast milk

  1. storage bags; and related items sold as part of a breast pump kit pre-packaged by the breast pump


  2. manufacturer. "Breast pump collection and storage supplies" does not include: bottles and bottle


  3. caps not specific to the operation of the breast pump; breast pump travel bags and other similar


  4. carrying accessories, including ice packs, labels, and other similar products, unless sold as part of


  5. a breast pump kit pre-packed by the breast pump manufacturer; breast pump cleaning supplies,


  6. unless sold as part of a breast pump kit pre-packaged by the breast pump manufacturer; nursing


  7. bras, bra pads, breast shells, and other similar products; and creams, ointments, and other similar


  8. products that relieve breastfeeding-related symptoms or conditions of the breasts or nipples.


  9. (68) Trade-in value of motorcycles. From the sale and from the storage, use, or other


  10. consumption in this state of so much of the purchase price paid for a new or used motorcycle as is


  11. allocated for a trade- in allowance on the motorcycle of the buyer given in trade to the seller, or of


  12. the proceeds applicable only to the motorcycle as are received from the manufacturer of


  13. motorcycles for the repurchase of the motorcycle whether the repurchase was voluntary or not


  14. towards the purchase of a new or used motorcycle by the buyer. For the purpose of this subsection,


  15. the word "motorcycle" means a motorcycle not used for hire and does not refer to any other type


  16. of motor vehicle.


  17. SECTION 9. Section 44-30-12 of the General Laws in Chapter 44-30 entitled "Personal


  18. Income Tax" is hereby amended to read as follows:


  19. 44-30-12 Rhode Island income of a resident individual.


  20. (a) General. The Rhode Island income of a resident individual means his or her adjusted


  21. gross income for federal income tax purposes, with the modifications specified in this section.


  22. (b) Modifications increasing federal adjusted gross income. There shall be added to federal


  23. adjusted gross income:


  24. (1) Interest income on obligations of any state, or its political subdivisions, other than


  25. Rhode Island or its political subdivisions;


  26. (2) Interest or dividend income on obligations or securities of any authority, commission,


  27. or instrumentality of the United States, but not of Rhode Island or its political subdivisions, to the


  28. extent exempted by the laws of the United States from federal income tax but not from state income


  29. taxes;


  30. (3) The modification described in § 44-30-25(g);


  31. (4) (i) The amount defined below of a nonqualified withdrawal made from an account in


  32. the tuition savings program pursuant to § 16-57-6.1. For purposes of this section, a nonqualified


  33. withdrawal is:


  34. (A) A transfer or rollover to a qualified tuition program under Section 529 of the Internal

1 Revenue Code, 26 U.S.C. § 529, other than to the tuition savings program referred to in § 16-57-


2 6.1; and


  1. (B) A withdrawal or distribution that is:


  2. (I) Not applied on a timely basis to pay "qualified higher education expenses" as defined


  3. in § 16-57-3(12) of the beneficiary of the account from which the withdrawal is made;


  4. (II) Not made for a reason referred to in § 16-57-6.1(e); or


  5. (III) Not made in other circumstances for which an exclusion from tax made applicable by


  6. Section 529 of the Internal Revenue Code, 26 U.S.C. § 529, pertains if the transfer, rollover,


  7. withdrawal, or distribution is made within two (2) taxable years following the taxable year for


  8. which a contributions modification pursuant to subsection (c)(4) of this section is taken based on


  9. contributions to any tuition savings program account by the person who is the participant of the


  10. account at the time of the contribution, whether or not the person is the participant of the account


  11. at the time of the transfer, rollover, withdrawal or distribution;


  12. (ii) In the event of a nonqualified withdrawal under subsection (b)(4)(i)(A) or (b)(4)(i)(B)


  13. of this section, there shall be added to the federal adjusted gross income of that person for the


  14. taxable year of the withdrawal an amount equal to the lesser of:


  15. (A) The amount equal to the nonqualified withdrawal reduced by the sum of any


  16. administrative fee or penalty imposed under the tuition savings program in connection with the


  17. nonqualified withdrawal plus the earnings portion thereof, if any, includible in computing the


  18. person's federal adjusted gross income for the taxable year; and


  19. (B) The amount of the person's contribution modification pursuant to subsection (c)(4) of


  20. this section for the person's taxable year of the withdrawal and the two (2) prior taxable years less


  21. the amount of any nonqualified withdrawal for the two (2) prior taxable years included in


  22. computing the person's Rhode Island income by application of this subsection for those years. Any


  23. amount added to federal adjusted gross income pursuant to this subdivision shall constitute Rhode


  24. Island income for residents, nonresidents and part-year residents;


  25. (5) The modification described in § 44-30-25.1(d)(3)(i);


  26. (6) The amount equal to any unemployment compensation received but not included in


  27. federal adjusted gross income;


  28. (7) The amount equal to the deduction allowed for sales tax paid for a purchase of a


  29. qualified motor vehicle as defined by the Internal Revenue Code § 164(a)(6); and


  30. (8) For any taxable year beginning on or after January 1, 2020, the amount of any Paycheck


  31. Protection Program loan forgiven for federal income tax purposes as authorized by the Coronavirus


  32. Aid, Relief, and Economic Security Act and/or the Consolidated Appropriations Act, 2021 and/or

  1. any other subsequent federal stimulus relief packages enacted by law, to the extent that the amount


  2. of the loan forgiven exceeds $250,000, including an individual's distributive share of the amount


  3. of a pass-through entity's loan forgiveness in excess of $250,000.


  4. (c) Modifications reducing federal adjusted gross income. There shall be subtracted from


  5. federal adjusted gross income:


  6. (1) Any interest income on obligations of the United States and its possessions to the extent


  7. includible in gross income for federal income tax purposes, and any interest or dividend income on


  8. obligations, or securities of any authority, commission, or instrumentality of the United States to


  9. the extent includible in gross income for federal income tax purposes but exempt from state income


  10. taxes under the laws of the United States; provided, that the amount to be subtracted shall in any


  11. case be reduced by any interest on indebtedness incurred or continued to purchase or carry


  12. obligations or securities the income of which is exempt from Rhode Island personal income tax, to


  13. the extent the interest has been deducted in determining federal adjusted gross income or taxable


  14. income;


15 (2) A modification described in § 44-30-25(f) or § 44-30-1.1(c)(1);


  1. (3) The amount of any withdrawal or distribution from the "tuition savings program"


  2. referred to in § 16-57-6.1 that is included in federal adjusted gross income, other than a withdrawal


  3. or distribution or portion of a withdrawal or distribution that is a nonqualified withdrawal;


  4. (4) Contributions made to an account under the tuition savings program, including the


  5. "contributions carryover" pursuant to subsection (c)(4)(iv) of this section, if any, subject to the


  6. following limitations, restrictions and qualifications:


  7. (i) The aggregate subtraction pursuant to this subdivision for any taxable year of the


  8. taxpayer shall not exceed five hundred dollars ($500) or one thousand dollars ($1,000) if a joint


  9. return;


  10. (ii) The following shall not be considered contributions:


  11. (A) Contributions made by any person to an account who is not a participant of the account


  12. at the time the contribution is made;


  13. (B) Transfers or rollovers to an account from any other tuition savings program account or


  14. from any other "qualified tuition program" under section 529 of the Internal Revenue Code, 26


30 U.S.C. § 529; or


  1. (C) A change of the beneficiary of the account;


  2. (iii) The subtraction pursuant to this subdivision shall not reduce the taxpayer's federal


  3. adjusted gross income to less than zero (0);


  4. (iv) The contributions carryover to a taxable year for purpose of this subdivision is the

    1. excess, if any, of the total amount of contributions actually made by the taxpayer to the tuition


    2. savings program for all preceding taxable years for which this subsection is effective over the sum


    3. of:


    4. (A) The total of the subtractions under this subdivision allowable to the taxpayer for all


    5. such preceding taxable years; and


    6. (B) That part of any remaining contribution carryover at the end of the taxable year which


    7. exceeds the amount of any nonqualified withdrawals during the year and the prior two (2) taxable


    8. years not included in the addition provided for in this subdivision for those years. Any such part


    9. shall be disregarded in computing the contributions carryover for any subsequent taxable year;


    10. (v) For any taxable year for which a contributions carryover is applicable, the taxpayer


    11. shall include a computation of the carryover with the taxpayer's Rhode Island personal income tax


    12. return for that year, and if for any taxable year on which the carryover is based the taxpayer filed a


    13. joint Rhode Island personal income tax return but filed a return on a basis other than jointly for a


    14. subsequent taxable year, the computation shall reflect how the carryover is being allocated between


    15. the prior joint filers;


    16. (5) The modification described in § 44-30-25.1(d)(1);


    17. (6) Amounts deemed taxable income to the taxpayer due to payment or provision of


    18. insurance benefits to a dependent, including a domestic partner pursuant to chapter 12 of title 36 or


    19. other coverage plan;


    20. (7) Modification for organ transplantation.


    21. (i) An individual may subtract up to ten thousand dollars ($10,000) from federal adjusted


    22. gross income if he or she, while living, donates one or more of his or her human organs to another


    23. human being for human organ transplantation, except that for purposes of this subsection, "human


    24. organ" means all or part of a liver, pancreas, kidney, intestine, lung, or bone marrow. A subtract


    25. modification that is claimed hereunder may be claimed in the taxable year in which the human


    26. organ transplantation occurs.


    27. (ii) An individual may claim that subtract modification hereunder only once, and the


    28. subtract modification may be claimed for only the following unreimbursed expenses that are


    29. incurred by the claimant and related to the claimant's organ donation:


    30. (A) Travel expenses.


    31. (B) Lodging expenses.


    32. (C) Lost wages.


    33. (iii) The subtract modification hereunder may not be claimed by a part-time resident or a


    34. nonresident of this state;

  1. (8) Modification for taxable Social Security income.


  2. (i) For tax years beginning on or after January 1, 2016:


  3. (A) For a person who has attained the age used for calculating full or unreduced social


  4. security retirement benefits who files a return as an unmarried individual, head of household, or


  5. married filing separate whose federal adjusted gross income for the taxable year is less than eighty


  6. thousand dollars ($80,000); or


  7. (B) A married individual filing jointly or individual filing qualifying widow(er) who has


  8. attained the age used for calculating full or unreduced social security retirement benefits whose


  9. joint federal adjusted gross income for the taxable year is less than one hundred thousand dollars


  10. ($100,000), an amount equal to the social security benefits includible in federal adjusted gross


  11. income.


  12. (ii) Adjustment for inflation. The dollar amount contained in subsections (c)(8)(i)(A) and


  13. (c)(8)(i)(B) of this section shall be increased annually by an amount equal to:


  14. (A) Such dollar amount contained in subsections (c)(8)(i)(A) and (c)(8)(i)(B) of this section


  15. adjusted for inflation using a base tax year of 2000, multiplied by;


  16. (B) The cost-of-living adjustment with a base year of 2000.


  17. (iii) For the purposes of this section the cost-of-living adjustment for any calendar year is


  18. the percentage (if any) by which the consumer price index for the preceding calendar year exceeds


  19. the consumer price index for the base year. The consumer price index for any calendar year is the


  20. average of the consumer price index as of the close of the twelve-month (12) period ending on


21 August 31, of such calendar year.


  1. (iv) For the purpose of this section the term "consumer price index" means the last


  2. consumer price index for all urban consumers published by the department of labor. For the purpose


  3. of this section the revision of the consumer price index which is most consistent with the consumer


  4. price index for calendar year 1986 shall be used.


  5. (v) If any increase determined under this section is not a multiple of fifty dollars ($50.00),


  6. such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the case of a


  7. married individual filing separate return, if any increase determined under this section is not a


  8. multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower multiple


  9. of twenty-five dollars ($25.00);


  10. (9) Modification for up to fifteen thousand dollars ($15,000) of taxable retirement income


  11. from certain pension plans or annuities.


  12. (i) For tax years beginning on or after January 1, 2017 until tax year beginning January 1,


  13. 2022, a modification shall be allowed for up to fifteen thousand dollars ($15,000), and for tax years

  1. beginning on or after January 1, 2023 a modification shall be allowed for up to twenty thousand


  2. dollars ($20,000), of taxable pension and/or annuity income that is included in federal adjusted


  3. gross income for the taxable year:


  4. (A) For a person who has attained the age used for calculating full or unreduced social


  5. security retirement benefits who files a return as an unmarried individual, head of household, or


  6. married filing separate whose federal adjusted gross income for such taxable year is less than the


  7. amount used for the modification contained in subsection (c)(8)(i)(A) of this section an amount not


  8. to exceed $15,000 for tax years beginning on or after January 1, 2017 until tax year beginning


9 January 1, 2022, and an amount not to exceed twenty thousand dollars ($20,000) for tax years


  1. beginning on or after January 1, 2023, of taxable pension and/or annuity income includible in


  2. federal adjusted gross income; or


  3. (B) For a married individual filing jointly or individual filing qualifying widow(er) who


  4. has attained the age used for calculating full or unreduced social security retirement benefits whose


  5. joint federal adjusted gross income for such taxable year is less than the amount used for the


  6. modification contained in subsection (c)(8)(i)(B) of this section an amount not to exceed $15,000


  7. for tax years beginning on or after January 1, 2017 until tax year beginning January 1, 2022, and


  8. an amount not to exceed twenty thousand dollars ($20,000) for tax years beginning on or after


18 January 1, 2023, of taxable pension and/or annuity income includible in federal adjusted gross


  1. income.


  2. (ii) Adjustment for inflation. The dollar amount contained by reference in subsections


  3. (c)(9)(i)(A) and (c)(9)(i)(B) of this section shall be increased annually for tax years beginning on


  4. or after January 1, 2018, by an amount equal to:


  5. (A) Such dollar amount contained by reference in subsections (c)(9)(i)(A) and (c)(9)(i)(B)


  6. of this section adjusted for inflation using a base tax year of 2000, multiplied by;


  7. (B) The cost-of-living adjustment with a base year of 2000.


  8. (iii) For the purposes of this section, the cost-of-living adjustment for any calendar year is


  9. the percentage (if any) by which the consumer price index for the preceding calendar year exceeds


  10. the consumer price index for the base year. The consumer price index for any calendar year is the


  11. average of the consumer price index as of the close of the twelve-month (12) period ending on


30 August 31, of such calendar year.


  1. (iv) For the purpose of this section, the term "consumer price index" means the last


  2. consumer price index for all urban consumers published by the department of labor. For the purpose


  3. of this section, the revision of the consumer price index which is most consistent with the consumer


  4. price index for calendar year 1986 shall be used.

    1. (v) If any increase determined under this section is not a multiple of fifty dollars ($50.00),


    2. such increase shall be rounded to the next lower multiple of fifty dollars ($50.00). In the case of a


    3. married individual filing a separate return, if any increase determined under this section is not a


    4. multiple of twenty-five dollars ($25.00), such increase shall be rounded to the next lower multiple


    5. of twenty-five dollars ($25.00); and


    6. (vi) For tax years beginning on or after January 1, 2022, the dollar amount contained by


    7. reference in subsection (c)(9)(i)(A) shall be adjusted to equal the dollar amount contained in


    8. subsection (c)(8)(i)(A), as adjusted for inflation, and the dollar amount contained by reference in


    9. subsection(c)(9)(i)(B) shall be adjusted to equal the dollar amount contained in subsection


    10. (c)(8)(i)(B), as adjusted for inflation.


    11. (10) Modification for Rhode Island investment in opportunity zones. For purposes of a


    12. taxpayer's state tax liability, in the case of any investment in a Rhode Island opportunity zone by


    13. the taxpayer for at least seven (7) years, a modification to income shall be allowed for the


    14. incremental difference between the benefit allowed under 26 U.S.C. § 1400Z-2(b)(2)(B)(iv) and


    15. the federal benefit allowed under 26 U.S.C. § 1400Z-2(c).; and


    16. (11) Modification for military service pensions.


    17. (i) For purposes of a taxpayer’s state tax liability, a modification to income shall be allowed


    18. as follows:


    19. (A) For the tax years beginning on January 1, 2023, a taxpayer may subtract from federal


    20. adjusted gross income the taxpayer’s military service pension benefits included in federal adjusted


    21. gross income;


    22. (ii) As used in this subsection, the term “military service” shall have the same meaning as


    23. set forth in 20 CFR Section 212.2.


    24. (iii) At no time shall the modification allowed under this subsection alone or in conjunction


    25. with subsection (c)(9) exceed the amount of the military service pension received in the tax year


    26. for which the modification is claimed.


    27. (12) Any rebate issued to the taxpayer pursuant to § 44-30-103 to the extent included in


    28. gross income for federal tax purposes.


    29. (d) Modification for Rhode Island fiduciary adjustment. There shall be added to, or


    30. subtracted from, federal adjusted gross income (as the case may be) the taxpayer's share, as


    31. beneficiary of an estate or trust, of the Rhode Island fiduciary adjustment determined under § 44-


32 30-17.


  1. (e) Partners. The amounts of modifications required to be made under this section by a


  2. partner, which relate to items of income or deduction of a partnership, shall be determined under §

    1 44-30-15.


    1. SECTION 10. Chapter 30 of Title 44 of the General Laws entitled "Personal Income Tax"


    2. is amended to add Section 103 as follows:


    3. 44-30-103. Child Tax Rebates.


    4. (a) As used in this section, (1) "child" means an individual who is eighteen years of age or


    5. under as of December 31, 2021, and (2) "eligible taxpayer" means any natural person domiciled in


    6. this state who filed a Rhode Island state personal income tax return for the 2021 taxable year by


    7. the due date for filing said return either as a:


    8. (1) Single, married filing separately, head of household, or qualifying widow/widower


    9. taxpayer with a federal adjusted gross income of $100,000.00 or less for the 2021 taxable year; or


    10. (2) Married filing jointly with a federal adjusted gross income of $200,000.00 or less for


    11. the 2021 taxable year.


    12. (b) (1) An eligible taxpayer will be issued a rebate payment in the amount of two hundred


    13. fifty dollars for each child, up to a maximum of three children, who the eligible taxpayer validly


    14. claims as a dependent on such taxpayer's Rhode Island state personal income tax return properly


    15. filed with this state for the 2021 taxable year by the due date for filing said return.


    16. (2) The rebate amount shall be determined by the division of taxation based on the eligible


    17. taxpayer's Rhode Island state personal income tax return filed for the 2021 taxable year in


    18. accordance with this section and no determination shall be based on amended filings received by


    19. the division of taxation after August 31, 2022.


    20. (3) In the case of a married couple filing separately, the rebate payment will be made to the


    21. eligible taxpayer making the filing and in the case of a married couple filing jointly, the rebate


    22. payment will be made jointly to the eligible taxpayers.


    23. (4) Rebate payments made under this subsection shall not be subject to offset pursuant to


    24. chapter 44-30.1 and shall not be considered income for the purposes of state personal income tax


    25. under chapter 44-30 or for determining eligibility for any state program.


    26. (5) In no event shall the rebate amount provided for in this section accrue interest for the


    27. benefit of any eligible taxpayer.


    28. (6) In addition to all other penalties provided under Rhode Island state law, any eligible


    29. taxpayer that fraudulently claims a dependent on the taxpayer's Rhode Island state personal income


    30. tax return shall pay a ten thousand dollar ($10,000) penalty for each dependent fraudulently claimed


    31. and shall pay any rebate amount fraudulently received. The tax administrator shall have the same


    32. powers to collect payment under this subsection as under title 44 of the general laws.


    33. SECTION 11. Section 44-33-9 of the General Laws in Chapter 44-33 entitled "Property

  1. Tax Relief" is hereby amended to read as follows:


  2. 44-33-9. Computation of credit.


  3. The amount of any claim made pursuant to this chapter shall be determined as follows:


  4. (1) For any taxable year, a claimant is entitled to a credit against his or her tax liability


  5. equal to the amount by which the property taxes accrued or rent constituting property taxes accrued


  6. upon the claimant's homestead for the taxable year exceeds a certain percentage of the claimant's


  7. total household income for that taxable year, which percentage is based upon income level and


  8. household size. The credit shall be computed in accordance with the following table:


  9. Income Range 1 Person 2 or More Persons


10 less than $6000 3% 3%


11 $6001-9000 4% 4%


12 $9001-12000 5% 5%


13 $12001-15000 6% 5%


14 $15001-30000 35000 6% 6%


  1. (2) The maximum amount of the credit granted under this chapter will be as follows:


  2. Year Credit Maximum


  3. Commencing July 1977 $55.00


  4. Commencing July 1978 $150.00


  5. Commencing July 1979 $175.00


  6. Commencing July 1980 $200.00


  7. Commencing on July 1997 and subsequent years $250.00


  8. Commencing on July 2006 $300.00


  9. Commencing July 2007 and subsequent years and subsequent tax years ending on or before


24 December 31, 2021 the credit shall be increased, at a minimum, to the maximum amount to the


  1. nearest five dollars ($5.00) increment within the allocation of five one-hundredths of one percent


  2. (0.05%) of net terminal income derived from video lottery games up to a maximum of five million


  3. dollars ($5,000,000) until a maximum credit of five hundred dollars ($500) is obtained pursuant to


  4. the provisions of § 42-61-15. In no event shall the exemption in any fiscal year be less than the


  5. prior fiscal year.


  6. For tax years beginning on or after January 1, 2022 the maximum credit shall be six


  7. hundred dollars ($600).


  8. For tax years beginning on or after January 1, 2023 the income range provided pursuant to


  9. subsection (1) of this section and the maximum credit granted pursuant to subsection (2) of this


  10. section shall be adjusted by the percentage increase in the Consumer Price Index for all Urban

  1. Consumers (CPI-U) as published by the United States Department of Labor Statistics determined


  2. as of September 30 of the prior calendar years. Said adjustment shall be compounded annually and


  3. shall be rounded up to the nearest five dollar ($5.00) increment. In no event shall the income range


  4. or the maximum credit in any tax year be less than the prior tax year.


  5. SECTION 12. Chapter 44-34.1 of the General Laws entitled "Motor Vehicle and Trailer


  6. Excise Tax Elimination Act of 1998" is hereby amended by adding thereto the following section:


  7. 44-34.1-5. Excise tax elimination.


  8. (a) Notwithstanding any provisions of the general or public laws to the contrary, for each


  9. city, town, and fire district, except for the city of East Providence:


  10. (1) The motor vehicle and trailer excise tax established by § 44-34-1 shall be repealed


  11. effective July 1, 2022. For fiscal year 2023 and thereafter, no tax shall be levied.


  12. (2) For fiscal year 2023, each city, town, and fire district shall receive a reimbursement


  13. equal to the amount it received in fiscal year 2017 plus its FY 2018 baseline amount (“FY 2023


  14. reimbursement amount”). A city, town, or fire district is entitled to receive additional


  15. reimbursement in fiscal year 2023 as follows:


  16. (i) If the department of revenue certifies that a city, town, or fire district’s budgeted motor


  17. vehicle levy for the assessment date of December 31, 2021 is in excess of its FY 2023


  18. reimbursement amount, the city, town, or fire district shall be reimbursed the difference between


  19. such motor vehicle levy and its FY2023 reimbursement amount.


  20. (3) Any fire district reimbursement amounts outstanding as of the effective date of this act


  21. shall be distributed by August 1, 2022.


  22. (4) For fiscal year 2024 and thereafter, cities, towns, and fire districts shall receive


  23. reimbursements in accordance with § 44-34.1-2.


  24. (b) Notwithstanding any provisions of the general or public laws to the contrary, for the


  25. city of East Providence the following shall apply:


  26. (1) It shall levy the excise tax in its fiscal year 2022 because its implementation of the


  27. phase out was delayed by one year to match its fiscal year; provided, however, it shall apply the


  28. phase-out parameters for fiscal year 2023 as set forth in §§ 44-34-11 and 44-34.1-1.


  29. (2) The motor vehicle and trailer excise tax established by § 44-34-1 shall be repealed


  30. effective July 1, 2023.


  31. (3) For its fiscal year 2023 and thereafter, no tax shall be levied, and the city of East


  32. Providence shall receive reimbursements in accordance with § 44-34.1-2.


  33. SECTION 13. Section 45-13-14 of the General Laws in Chapter 45-13 entitled "State Aid"


  34. is hereby amended to read as follows:

  1. 45-13-14. Adjustments to tax levy, assessed value, and full value when computing state


  2. aid.


  3. (a) Whenever the director of revenue computes the relative wealth of municipalities for the


  4. purpose of distributing state aid in accordance with title 16 and the provisions of § 45-13-12, he or


  5. she shall base it on the full value of all property except:


  6. (1) That exempted from taxation by acts of the general assembly and reimbursed under §


  7. 45-13-5.1 of the general laws, which shall have its value calculated as if the payment in lieu of tax


  8. revenues received pursuant to § 45-13-5.1, has resulted from a tax levy;


  9. (2) That whose tax levy or assessed value is based on a tax treaty agreement authorized by


  10. a special public law or by reason of agreements between a municipality and the economic


  11. development corporation in accordance with § 42-64-20 prior to May 15, 2005, which shall not


  12. have its value included;


  13. (3) That whose tax levy or assessed value is based on tax treaty agreements or tax


  14. stabilization agreements in force prior to May 15, 2005, which shall not have its value included;


  15. (4) That which is subject to a payment in lieu of tax agreement in force prior to May 15,


16 2005;


  1. (5) Any other property exempt from taxation under state law; or


  2. (6) Any property subject to chapter 27 of title 44, taxation of Farm, Forest, and Open Space


  3. Land.; or


  4. (7) Any property exempt from taxation, in whole or in part, under the provisions of


  5. subsections (a)(51), (a)(66), or (c) of § 44-3-3, § 44-3-47, § 44-3-65, or any other provision of law


  6. that enables a city, town, or fire district to establish a tangible personal property exemption, which


  7. shall have its value calculated as the full value of the property minus the exemption amount.


  8. (b) The tax levy of each municipality and fire district shall be adjusted for any real estate


  9. and personal property exempt from taxation by act of the general assembly by the amount of


  10. payment in lieu of property tax revenue anticipated to be received pursuant to § 45-13-5.1 relating


  11. to property tax from certain exempt private and state properties, and for any property subject to any


  12. payment in lieu of tax agreements, any tax treaty agreements or tax stabilization agreements in


  13. force after May 15, 2005, by the amount of the payment in lieu of taxes pursuant to such


  14. agreements.


  15. (c) Fire district tax levies within a city or town shall be included as part of the total levy


  16. attributable to that city or town.


  17. (d) The changes as required by subsections (a) through (c) of this section shall be


  18. incorporated into the computation of entitlements effective for distribution in fiscal year 2007-2008

  1. and thereafter.


  2. SECTION 14. Section 8 of this article shall take effect on October 1, 2022. Sections 1


  3. through 7 and Sections 9 through 13 shall take effect upon passage.


  1. ARTICLE 7 AS AMENDED

    =======

    art.007/5

    =======


  2. RELATING TO MAKING REVISED 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


  8. and functions hereinafter mentioned, the state controller is hereby authorized and directed to draw


  9. his or her orders upon the general treasurer for the payment of such sums or such portions thereof


  10. as may be required from time to time upon receipt by him or her of properly authenticated vouchers.


11


FY 2022

FY 2022

FY 2022

12


Enacted

Change

FINAL

13

Administration




14

Central Management




15

General Revenues

2,569,679

2,221,733

4,791,412

16

Federal Funds

261,031,499

29,273,381

290,304,880

17

Total - Central Management

263,601,178

31,495,114

295,096,292

18

Legal Services




19

General Revenues

2,262,149

(68,400)

2,193,749

20

Accounts and Control




21

General Revenues

4,103,385

341,438

4,444,823

22

Federal Funds




23

Federal Funds – State Fiscal Recovery Fund




24

Pandemic Recovery Office

0

7,011,307

7,011,307

25

Capital Projects Fund




26

CPF Administration

0

15,137

15,137

27

Restricted Receipts -




28

OPEB Board Administration

137,697

(414)

137,283

29

Restricted Receipts -




30

Grants Management Administration

9,096,567

(4,299,480)

4,797,087

1 Total - Accounts and Control

13,337,649

3,067,988

16,405,637

2 Office of Management and Budget




3 General Revenues

8,285,227

275,363

8,560,590

4 Federal Funds

224,755

(112,823)

111,932

5 Restricted Receipts

300,000

0

300,000

6 Other Funds

1,117,615

92,179

1,209,794

7 Total - Office of Management and Budget

9,927,597

254,719

10,182,316

8 Purchasing




9 General Revenues

3,275,536

131,126

3,406,662

10 Restricted Receipts

298,059

122,368

420,427

11 Other Funds

497,386

58,034

555,420

12 Total - Purchasing

4,070,981

311,528

4,382,509

13 Human Resources




14 General Revenues

1,099,549

(200,000)

899,549

15 Personnel Appeal Board




16 General Revenues

120,050

5,305

125,355

17 Information Technology




18 General Revenues

721,340

74,802,044

75,523,384


  1. Provided that of this general revenue amount, $75,000,000 shall be transferred to the


  2. Information Technology Investment Fund by June 30, 2022.


21 Restricted Receipts 9,625,165 (419,412) 9,205,753


22 Provided that of the total available in the Information Technology Investment Fund as of


23 July 1, 2021, $50.0 million shall be made available for the implementation and development of the


  1. Enterprise Resource Planning Information Technology Improvements project. Provided further that


  2. $17.0 million shall be made available for a new child welfare system to replace the current Rhode


26 Island Children’s Information System.


27 Total - Information Technology

10,346,505

74,382,632

84,729,137

28 Library and Information Services




29 General Revenues

1,640,558

73,667

1,714,225

30 Federal Funds

3,796,916

520,390

4,317,306

31 Restricted Receipts

6,990

0

6,990

32 Total - Library and Information Services

5,444,464

594,057

6,038,521

33 Planning




34 General Revenues

663,930

38,593

702,523

1 Federal Funds

22,700

72,748

95,448

2 Other Funds




3 Air Quality Modeling

24,000

0

24,000

4 Federal Highway -




5 PL Systems Planning

3,483,469

356,040

3,839,509

6 State Transportation Planning Match

485,673

97,047

582,720

7 FTA - Metro Planning Grant

1,241,337

90,479

1,331,816

8 Total - Planning

5,921,109

654,907

6,576,016

9 General




10 General Revenues




11 Miscellaneous Grants/Payments

130,000

0

130,000


  1. Provided that this amount be allocated to City Year for the Whole School Whole Child


  2. Program, which provides individualized support to at-risk students.


14 Torts - Courts/Awards

650,000

1,244,711

1,894,711

15 Resource Sharing and State Library Aid

9,562,072

0

9,562,072

16 Library Construction Aid

2,102,866

0

2,102,866

17 Advance Payment of Pension Deferrals

0

61,780,491

61,780,491

18 Transfer to RICAP Fund

0

563,000,000

563,000,000

19 Federal Funds - State Fiscal Recovery Fund




20 Aid to the Convention Center

0

5,000,000

5,000,000


  1. Provided that these federal funds shall be allocated to provide operating support to the


  2. Rhode Island Convention Center Authority.


23 Restricted Receipts

700,000

0

700,000

24 Other Funds




25 Rhode Island Capital Plan Funds




26 Security Measures State Buildings

500,000

356,355

856,355

27 Energy Efficiency Improvements

1,250,000

0

1,250,000

28 Cranston Street Armory

325,000

937

325,937

29 State House Renovations

1,478,000

(92,000)

1,386,000

30 Zambarano Utilities & Infrastructure

1,350,000

43,887

1,393,887

31 Replacement of Fueling Tanks

800,000

244,770

1,044,770

32 Environmental Compliance

400,000

65,961

465,961

33 Big River Management Area

250,000

97,461

347,461

34 Shepard Building

1,500,000

466,635

1,966,635

1 Pastore Center Water Tanks & Pipes

100,000

107,681

207,681

2 RI Convention Center Authority

2,000,000

0

2,000,000

3 Pastore Center Power Plant Rehabilitation

734,000

544,484

1,278,484

4 Accessibility - Facility Renovations

1,000,000

392,736

1,392,736

5 DoIT Enterprise Operations Center

800,000

(550,000)

250,000

6 BHDDH MH & Community Facilities




7 - Asset Protection

300,000

7,228

307,228

8 BHDDH DD & Community Homes




9 - Fire Code

325,000

430,265

755,265

10 BHDDH DD Regional Facilities




11 - Asset Protection

450,000

68,295

518,295

12 BHDDH Substance Abuse




13 - Asset Protection

375,000

145,442

520,442

14 BHDDH Group Homes

750,000

48,130

798,130

15 Statewide Facility Master Plan

116,467

71,783

188,250

16 Cannon Building

800,000

313,028

1,113,028

17 Old State House

100,000

375,952

475,952

18 State Office Building

100,000

77,594

177,594

19 State Office Reorganization & Relocation

500,000

1,375,286

1,875,286

20 William Powers Building

1,800,000

529,937

2,329,937

21 Pastore Center Utilities Upgrade

175,000

216,042

391,042

22 Pastore Center Non-Medical Buildings




23 - Asset Protection

3,170,000

343,000

3,513,000

24 Washington County Government Center

500,000

104,892

604,892

25 Chapin Health Laboratory

500,000

185,650

685,650

26 Medical Examiner New Facility

4,500,000

(4,000,000)

500,000

27 560 Jefferson Blvd Asset Protection

150,000

0

150,000

28 Arrigan Center

197,500

0

197,500

29 Dunkin Donuts Center

2,300,000

0

2,300,000

30 Pastore Center Building Demolition

1,000,000

0

1,000,000

31 Veterans Auditorium

285,000

0

285,000

32 Pastore Center Medical Buildings




33 - Asset Protection

750,000

0

750,000

34 Total - General

44,775,905

632,996,633

677,772,538

1 Debt Service Payments


2 General Revenues 145,424,890 (2,741,127) 142,683,763


  1. Out of the general revenue appropriations for debt service, the General Treasurer is


  2. authorized to make payments for the I-195 Redevelopment District Commission loan up to the


  3. maximum debt service due in accordance with the loan agreement.


6 Other Funds


7 Transportation Debt Service 39,205,402

244,774

39,450,176

8 Investment Receipts - Bond Funds 100,000

0

100,000

9 Total - Debt Service Payments 184,730,292

(2,496,353)

182,233,939

10 Energy Resources



11 Federal Funds 761,478

755,701

1,517,179

12 Restricted Receipts 8,791,172

6,981,510

15,772,682

13 Total - Energy Resources 9,552,650

7,737,211

17,289,861

14 Rhode Island Health Benefits Exchange



15 General Revenues 2,820,336

189,846

3,010,182

16 Federal Funds 5,239,671

1,108,939

6,348,610

17 Restricted Receipts 16,842,483

(1,712,681)

15,129,802

18 Total - Rhode Island Health Benefits



19 Exchange 24,902,490

(413,896)

24,488,594

20 Office of Diversity, Equity & Opportunity



21 General Revenues 1,245,968

(125,980)

1,119,988

22 Other Funds 112,623

7,932

120,555

23 Total - Office of Diversity, Equity & Opportunity 1,358,591

(118,048)

1,240,543

24 Capital Asset Management and Maintenance



25 General Revenues 9,354,998

10,084,615

19,439,613

26 Federal Funds 4,363,888

(1,819,820)

2,544,068

27 Total - Capital Asset Management and Maintenance13,718,886

8,264,795

21,983,681

28 Grand Total - Administration 595,170,045

756,468,192

1,351,638,237

29 Business Regulation



30 Central Management



31 General Revenues 3,232,684

220,173

3,452,857

32 Banking Regulation



33 General Revenues 1,620,824

315,966

1,936,790

34 Restricted Receipts 75,000

(11,500)

63,500

1 Total - Banking Regulation

1,695,824

304,466

2,000,290

2 Securities Regulation




3 General Revenues

817,118

(21,035)

796,083

4 Restricted Receipts

15,000

0

15,000

5 Total - Securities Regulation

832,118

(21,035)

811,083

6 Insurance Regulation




7 General Revenues

4,152,139

54,330

4,206,469

8 Restricted Receipts

2,033,882

12,887

2,046,769

9 Total - Insurance Regulation

6,186,021

67,217

6,253,238

10 Office of the Health Insurance Commissioner




11 General Revenues

1,659,713

64,842

1,724,555

12 Federal Funds

120,000

143,728

263,728

13 Restricted Receipts

496,092

41,829

537,921

14 Total - Office of the Health




15 Insurance Commissioner

2,275,805

250,399

2,526,204

16 Board of Accountancy




17 General Revenues

5,883

(393)

5,490


18 Commercial Licensing and Gaming and Athletics Licensing


19 General Revenues


1,053,287


118,368


1,171,655

20 Restricted Receipts

890,069

14,574

904,643

21 Total - Commercial Licensing and Gaming and




22 Athletics Licensing

1,943,356

132,942

2,076,298

23 Building, Design and Fire Professionals




24 General Revenues

6,697,958

1,357,219

8,055,177


  1. Provided that any unexpended or unencumbered balances, at the end of the fiscal year, from


  2. the $592,780 provided for municipal firefighting foam replacement, shall be reappropriated to the


  3. ensuing fiscal year, and made immediately available for the same purpose.


28 Federal Funds

186,000

548,611

734,611

29 Restricted Receipts

1,844,025

721,516

2,565,541

30 Other Funds




31 Quonset Development Corporation

67,928

3,292

71,220

32 Total - Building, Design and Fire Professionals

8,795,911

2,630,638

11,426,549

33 Office of Cannabis Regulation




34 Restricted Receipts

1,165,441

521,103

1,686,544

1 Grand Total - Business Regulation

26,133,043

4,105,510

30,238,553

2 Executive Office of Commerce




3 Central Management




4 General Revenues

2,202,211

(273,047)

1,929,164

5 Federal Funds

7,311,225

(236,612)

7,074,613

6 Total - Central Management

9,513,436

(509,659)

9,003,777

7 Housing and Community Development




8 General Revenues

26,046,591

13,194,711

39,241,302

9 Federal Funds




10 Federal Funds

16,066,986

10,928,934

26,995,920

11 Federal Funds - State Fiscal Recovery Fund




12 OHIC – Predevelopment & Capacity Bldg.

0

500,000

500,000

13 Development of Affordable Housing

0

15,000,000

15,000,000

14 Homelessness Assistance Program

0

1,500,000

1,500,000

15 Site Acquisition

0

12,000,000

12,000,000

16 Restricted Receipts

7,698,884

(33,952)

7,664,932

17 Total - Housing and Community Development

49,812,461

53,089,693

102,902,154

18 Quasi-Public Appropriations




19 General Revenues




20 Rhode Island Commerce Corporation

7,659,565

0

7,659,565

21 Airport Impact Aid

1,010,036

0

1,010,036


  1. Sixty percent (60%) of the first $1,000,000 appropriated for airport impact aid shall be


  2. distributed to each airport serving more than 1,000,000 passengers based upon its percentage of the


  3. total passengers served by all airports serving more than 1,000,000 passengers. Forty percent (40%)


  4. of the first $1,000,000 shall be distributed based on the share of landings during calendar year 2021


  5. at North Central Airport, Newport-Middletown Airport, Block Island Airport, Quonset Airport,


  6. T.F. Green Airport and Westerly Airport, respectively. The Rhode Island Commerce Corporation


  7. shall make an impact payment to the towns or cities in which the airport is located based on this


  8. 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


0


900,000

32 Innovative Matching Grants/Internships

1,000,000

0

1,000,000

33 I-195 Redevelopment District Commission

761,000

0

761,000

34 Polaris Manufacturing Grant

350,000

0

350,000

1 East Providence Waterfront Commission

50,000

0

50,000

2 Urban Ventures

140,000

0

140,000

3 Chafee Center at Bryant

476,200

0

476,200

4 Quonset Development Corporation

1,200,000

0

1,200,000

5 Municipal Infrastructure Grant Program

1,000,000

0

1,000,000

6 Other Funds




7 Rhode Island Capital Plan Funds




8 Quonset Point Infrastructure

6,000,000

0

6,000,000

9 I-195 Redevelopment District Commission

578,000

246,117

824,117

10 Quonset Point Davisville Pier

0

20,274

20,274

11 Total - Quasi-Public Appropriations

21,124,801

266,391

21,391,192

12 Economic Development Initiatives Fund




13 General Revenues




14 Innovation Initiative

1,000,000

0

1,000,000

15 Rebuild RI Tax Credit Fund

52,500,000

0

52,500,000

16 Small Business Promotion

300,000

0

300,000

17 Small Business Assistance

650,000

0

650,000

18 Federal Funds




19 State Small Business Credit Initiative

56,234,176

(31,536,441)

24,697,735

20 Federal Funds - State Fiscal Recovery Fund




21 Assistance to Impacted Industries

0

13,000,000

13,000,000

22 Total - Economic Development Initiatives Fund

110,684,176

(18,536,441)

92,147,735

23 Commerce Programs




24 General Revenues




25 Wavemaker Fellowship

1,600,000

0

1,600,000

26 Federal Funds - State Fiscal Recovery Fund




27 Small Business Financial and Technical




28 Assistance

0

32,000,000

32,000,000

29 Statewide Broadband Planning and Mapping

0

500,000

500,000

30 Total - Commerce Programs

1,600,000

32,500,000

34,100,000

31 Grand Total - Executive Office of Commerce

192,734,874

66,809,984

259,544,858

32 Labor and Training




33 Central Management




34 General Revenues

712,826

491,438

1,204,264

1 Restricted Receipts

126,519

239,325

365,844

2 Total - Central Management

839,345

730,763

1,570,108

3 Workforce Development Services




4 General Revenues

904,898

(145,623)

759,275

5 Federal Funds

18,817,837

6,928,345

25,746,182

6 Other Funds

82,525

(74,717)

7,808

7 Total - Workforce Development Services

19,805,260

6,708,005

26,513,265

8 Workforce Regulation and Safety




9 General Revenues

3,489,965

445,290

3,935,255

10 Income Support




11 General Revenues

3,801,667

432,637

4,234,304

12 Federal Funds

407,411,048

(18,966,273)

388,444,775

13 Restricted Receipts

2,770,811

374,166

3,144,977

14 Other Funds




15 Temporary Disability Insurance Fund

205,490,965

3,795,691

209,286,656

16 Employment Security Fund

284,125,000

(65,950,000)

218,175,000

17 Total - Income Support

903,599,491

(80,313,779)

823,285,712

18 Injured Workers Services




19 Restricted Receipts

11,172,336

(90,028)

11,082,308

20 Labor Relations Board




21 General Revenues

407,364

43,414

450,778

22 Governor’s Workforce Board




23 General Revenues

6,050,000

0

6,050,000


  1. Provided that $600,000 of these funds shall be used for enhanced training for direct care


  2. and support services staff to improve resident quality of care and address the changing health care


  3. needs of nursing facility residents due to higher acuity and increased cognitive impairments


  4. pursuant to Rhode Island General Laws, Section 23-17.5-36.


28 Federal Funds

9,536,150

(2,348,437)

7,187,713

29 Restricted Receipts

13,849,054

4,229,823

18,078,877

30 Total - Governor’s Workforce Board

29,435,204

1,881,386

31,316,590

31 Grand Total - Labor and Training

968,748,965

(70,594,949)

898,154,016

32 Department of Revenue




33 Director of Revenue




34 General Revenues

1,792,985

214,524

2,007,509

1 Office of Revenue Analysis




2 General Revenues

889,151

(58,420)

830,731

3 Lottery Division




4 Other Funds

434,215,853

(67,571,040)

366,644,813

5 Municipal Finance




6 General Revenues

1,718,168

(60,262)

1,657,906

7 Federal Funds

131,957,594

0

131,957,594

8 Total - Municipal Finance

133,675,762

(60,262)

133,615,500

9 Taxation




10 General Revenues

32,673,073

2,019,962

34,693,035

11 Restricted Receipts

2,221,812

0

2,221,812

12 Other Funds




13 Motor Fuel Tax Evasion

155,000

2,419

157,419

14 Total - Taxation

35,049,885

2,022,381

37,072,266

15 Registry of Motor Vehicles




16 General Revenues

30,331,973

1,485,718

31,817,691

17 Federal Funds

462,404

(227,223)

235,181

18 Restricted Receipts

1,692,587

(200,000)

1,492,587

19 Total - Registry of Motor Vehicles

32,486,964

1,058,495

33,545,459

20 State Aid




21 General Revenues




22 Distressed Communities Relief Fund

12,384,458

0

12,384,458

23 Payment in Lieu of Tax Exempt




24 Properties

46,089,504

0

46,089,504

25 Motor Vehicle Excise Tax Payments

139,656,362

(9,959,698)

129,696,664


  1. An additional appropriation of $3,296,695 for the Town of Cumberland to be utilized in the


  2. Town's fiscal year 2022 to backfill revenue that would have been recognized in the Town's fiscal


  3. year 2022 had the motor vehicle excise tax not been repealed effective July 1, 2022.


29 Property Revaluation Program

1,503,677

0

1,503,677

30 Restricted Receipts

995,120

0

995,120

31 Total - State Aid

200,629,121

(9,959,698)

190,669,423

32 Collections




33 General Revenues

828,769

(36,566)

792,203

34 Grand Total - Revenue

839,568,490

(74,390,586)

765,177,904

1 Legislature




2 General Revenues

44,844,662

7,169,866

52,014,528

3 Restricted Receipts

1,782,425

119,192

1,901,617

4 Grand Total - Legislature

46,627,087

7,289,058

53,916,145

5 Lieutenant Governor




6 General Revenues

1,199,161

64,193

1,263,354

7 Secretary of State




8 Administration




9 General Revenues

3,633,858

320,272

3,954,130

10 Corporations




11 General Revenues

2,539,285

5,589

2,544,874

12 State Archives




13 General Revenues

243,954

(73,903)

170,051

14 Federal Funds

0

12,000

12,000

15 Restricted Receipts

447,148

167,724

614,872

16 Total - State Archives

691,102

105,821

796,923

17 Elections and Civics




18 General Revenues

2,067,371

131,371

2,198,742

19 Federal Funds

1,810,000

190,835

2,000,835

20 Total - Elections and Civics

3,877,371

322,206

4,199,577

21 State Library




22 General Revenues

768,685

57,915

826,600


  1. Provided that $125,000 be allocated to support the Rhode Island Historical Society


  2. pursuant to Rhode Island General Law, Section 29-2-1 and $18,000 be allocated to support the


  3. Newport Historical Society, pursuant to Rhode Island General Law, Section 29-2-2.


  4. Office of Public Information


27 General Revenues

521,918

48,395

570,313

28 Receipted Receipts

25,000

0

25,000

29 Total - Office of Public Information

546,918

48,395

595,313

30 Grand Total - Secretary of State

12,057,219

860,198

12,917,417

31 General Treasurer




32 Treasury




33 General Revenues

2,582,131

(13,169)

2,568,962

34 Federal Funds

308,416

43,838

352,254

1 Other Funds


2 Temporary Disability Insurance Fund

263,421

26,469

289,890

3 Tuition Savings Program - Administration

382,476

19,650

402,126

4 Total -Treasury

3,536,444

76,788

3,613,232

5 State Retirement System




6 Restricted Receipts




7 Admin Expenses - State Retirement System

11,427,273

741,282

12,168,555

8 Retirement - Treasury Investment Operations

1,871,467

132,032

2,003,499

9 Defined Contribution - Administration

300,234

11,681

311,915

10 Total - State Retirement System

13,598,974

884,995

14,483,969

11 Unclaimed Property




12 Restricted Receipts

28,902,766

(26,340,120)

2,562,646

13 Crime Victim Compensation Program




14 General Revenues

646,179

197,986

844,165

15 Federal Funds

422,493

16

422,509

16 Restricted Receipts

713,007

(155,013)

557,994

17 Total - Crime Victim Compensation Program

1,781,679

42,989

1,824,668

18 Grand Total - General Treasurer

47,819,863

(25,335,348)

22,484,515

19 Board of Elections




20 General Revenues

2,671,768

112,128

2,783,896

21 Rhode Island Ethics Commission




22 General Revenues

1,867,351

102,295

1,969,646

23 Office of Governor




24 General Revenues

6,553,626

432,260

6,985,886

25 Contingency Fund

150,000

0

150,000

26 Federal Funds

0

24,840

24,840

27 Grand Total - Office of Governor

6,703,626

457,100

7,160,726

28 Commission for Human Rights




29 General Revenues

1,486,581

93,527

1,580,108

30 Federal Funds

422,418

(17,097)

405,321

31 Grand Total - Commission for Human Rights

1,908,999

76,430

1,985,429

32 Public Utilities Commission




33 Federal Funds

540,253

25,871

566,124

34 Restricted Receipts

11,926,093

1,135,262

13,061,355

1 Grand Total - Public Utilities Commission

12,466,346

1,161,133

13,627,479

2 Office of Health and Human Services




3 Central Management




4 General Revenues

44,961,144

153,975

45,115,119

5 Federal Funds




6 Federal Funds

121,027,873

22,486,948

143,514,821

7 Federal Funds - State Fiscal Recovery Fund




8 Pediatric Recovery

0

7,500,000

7,500,000

9 Early Intervention Recovery

0

5,500,000

5,500,000

10 Restricted Receipts

22,897,651

(3,222,251)

19,675,400

11 Total - Central Management

188,886,668

32,418,672

221,305,340

12 Medical Assistance




13 General Revenues




14 Managed Care

344,346,294

(26,915,101)

317,431,193

15 Hospitals

94,772,895

44,724,663

139,497,558


  1. Of the general revenue funding, $2.0 million shall be provided for Graduate Medical


  2. Education programs of which $1.0 million is for hospitals designated as a Level I Trauma Center


  3. and $1.0 million is for hospitals providing Neonatal Intensive Care Unit level of care.


    19 Nursing Facilities

    147,255,515

    (24,301,355)

    122,954,160

    20 Home and Community Based Services

    43,405,421

    (4,833,101)

    38,572,320

    21 Other Services

    128,944,587

    (5,756,473)

    123,188,114

    22 Pharmacy

    69,142,220

    (250,000)

    68,892,220

    23 Rhody Health

    188,362,579

    (16,385,299)

    171,977,280

    24 Other Programs

    39,000,000

    (39,000,000)

    0

    25 Federal Funds




    26 Managed Care

    509,180,803

    26,288,004

    535,468,807

    27 Hospitals

    120,363,721

    97,712,580

    218,076,301

    28 Nursing Facilities

    201,490,261

    (10,144,421)

    191,345,840

    29 Home and Community Based Services

    59,310,041

    717,639

    60,027,680

    30 Other Services

    751,902,189

    6,894,697

    758,796,886

    31 Pharmacy

    57,780

    (50,000)

    7,780

    32 Rhody Health

    255,260,108

    9,662,612

    264,922,720

    33 Other Programs

    36,288,580

    109,110,000

    145,398,580

    34 Restricted Receipts

    17,792,796

    23,562,204

    41,355,000

    1 Total - Medical Assistance

    3,006,875,790

    191,036,649

    3,197,912,439

    2 Grand Total - Office of Health and Human




    3 Services

    3,195,762,458

    223,455,321

    3,419,217,779

    4 Children, Youth, and Families




    5 Central Management




    6 General Revenues

    14,120,765

    344,452

    14,465,217


    1. The director of the department of children, youth and families shall provide to the speaker


    2. of the house and president of the senate at least every sixty (60) days beginning September 1, 2021,


    3. a report on its progress implementing the accreditation plan filed in accordance with Rhode Island


    4. General Law, Section 42-72-5.3 and any projected changes needed to effectuate that plan. The


    5. report shall, at minimum, provide data regarding recruitment and retention efforts including


    6. attaining and maintaining a diverse workforce, documentation of newly filled and vacated


    7. positions, and progress towards reducing worker caseloads.


14 Federal Funds


15 Federal Funds

4,914,204

(439,524)

4,474,680

16 Federal Funds - State Fiscal Recovery Fund




17 Provider Workforce Stabilization

0

12,500,000

12,500,000

18 Total - Central Management

19,034,969

12,404,928

31,439,897

19 Children's Behavioral Health Services




20 General Revenues

7,579,739

(480,373)

7,099,366

21 Federal Funds

6,718,331

2,765,911

9,484,242

22 Total - Children's Behavioral Health Services

14,298,070

2,285,538

16,583,608

23 Juvenile Correctional Services




24 General Revenues

21,401,081

768,354

22,169,435

25 Federal Funds

274,541

138,226

412,767

26 Restricted Receipts

0

314,298

314,298

27 Other Funds




28 Rhode Island Capital Plan Funds




29 Training School Asset Protection

250,000

0

250,000

30 Total - Juvenile Correctional Services

21,925,622

1,220,878

23,146,500

31 Child Welfare




32 General Revenues

149,983,357

2,072,010

152,055,367

33 Federal Funds

69,549,337

(2,452,218)

67,097,119

34 Restricted Receipts

1,487,111

(40,841)

1,446,270

1 Total - Child Welfare

221,019,805

(421,049)

220,598,756

2 Higher Education Incentive Grants




3 General Revenues

200,000

0

200,000

4 Grand Total - Children, Youth, and Families

276,478,466

15,490,295

291,968,761

5 Health




6 Central Management




7 General Revenues

3,232,283

59,509

3,291,792

8 Federal Funds

4,631,858

(37,633)

4,594,225

9 Restricted Receipts

27,871,484

(1,616,371)

26,255,113


  1. Provided that the disbursement of any indirect cost recoveries on federal grants budgeted


  2. in this line item that are derived from grants authorized under The Coronavirus Preparedness and


  3. Response Supplemental Appropriations Act (P.L. 116-123); The Families First Coronavirus


  4. Response Act (P.L. 116-127); The Coronavirus Aid, Relief, and Economic Security Act (P.L. 116-


  5. 136); The Paycheck Protection Program and Health Care Enhancement Act (P.L. 116-139); and


  6. the Consolidated Appropriations Act, 2021 (P.L. 116-260),; and the American Rescue Plan Act of


  7. 2021 (P.L. 117-2), are hereby subject to the review and prior approval of the Director of


  8. Management and Budget. No obligation or expenditure of these funds shall take place without such


18 approval.


19 Total - Central Management

35,735,625

(1,594,495)

34,141,130

20 Community Health and Equity




21 General Revenues

1,325,578

(678,224)

647,354

22 Federal Funds

72,626,719

4,767,979

77,394,698

23 Restricted Receipts

39,122,956

624,905

39,747,861

24 Total - Community Health and Equity

113,075,253

4,714,660

117,789,913

25 Environmental Health




26 General Revenues

5,744,839

71,935

5,816,774

27 Federal Funds

7,382,886

1,774,821

9,157,707

28 Restricted Receipts

738,436

217,031

955,467

29 Total - Environmental Health

13,866,161

2,063,787

15,929,948

30 Health Laboratories and Medical Examiner




31 General Revenues

10,149,765

1,015,293

11,165,058

32 Federal Funds

2,398,469

448,312

2,846,781

33 Other Funds




34 Rhode Island Capital Plan Funds




1 Health Laboratories & Medical


2 Examiner Equipment

600,000

0

600,000

3 Total - Health Laboratories and Medical Examiner

13,148,234

1,463,605

14,611,839

4 Customer Services




5 General Revenues

7,729,808

414,753

8,144,561

6 Federal Funds

5,158,613

1,183,696

6,342,309

7 Restricted Receipts

2,094,387

180,419

2,274,806

8 Total - Customer Services

14,982,808

1,778,868

16,761,676

9 Policy, Information and Communications




10 General Revenues

908,676

51,531

960,207

11 Federal Funds

2,934,574

573,587

3,508,161

12 Restricted Receipts

1,103,113

45,008

1,148,121

13 Total - Policy, Information and Communications

4,946,363

670,126

5,616,489


14 Preparedness, Response, Infectious Disease & Emergency Services



15 General Revenues 1,939,241

101,356

2,040,597

16 Federal Funds 31,159,763

(10,751,462)

20,408,301

17 Total - Preparedness, Response, Infectious Disease



18 & Emergency Services 33,099,004

(10,650,106)

22,448,898

19 COVID-19




20 General Revenues


0


245,509,915


245,509,915

21 Federal Funds

241,991,855

(135,192,646)

106,799,209

22 Total - COVID-19

241,991,855

110,317,269

352,309,124

23 Grand Total - Health

470,845,303

108,763,714

579,609,017

24 Human Services




25 Central Management




26 General Revenues

5,119,898

51,800

5,171,698


  1. Of this amount, $300,000 is to support the Domestic Violence Prevention Fund to provide


  2. direct services through the Coalition Against Domestic Violence, $250,000 to support Project


  3. Reach activities provided by the RI Alliance of Boys and Girls Clubs, $217,000 is for outreach and


  4. supportive services through Day One, $350,000 is for food collection and distribution through the


  5. Rhode Island Community Food Bank, $500,000 for services provided to the homeless at Crossroads


  6. Rhode Island, $600,000 for the Community Action Fund and $200,000 is for the Institute for the


  7. Study and Practice of Nonviolence’s Reduction Strategy.


34 Federal Funds 7,961,909 1,237,174 9,199,083

1 Restricted Receipts

150,000

550,000

700,000

2 Total - Central Management

13,231,807

1,838,974

15,070,781

3 Child Support Enforcement




4 General Revenues

2,933,192

169,170

3,102,362

5 Federal Funds

8,889,388

(206,785)

8,682,603

6 Restricted Receipts

4,100,000

(63,961)

4,036,039

7 Total - Child Support Enforcement

15,922,580

(101,576)

15,821,004

8 Individual and Family Support




9 General Revenues

39,411,638

203,946

39,615,584

10 Federal Funds




11 Federal Funds

204,300,917

(1,209,215)

203,091,702

12 Federal Funds - State Fiscal Recovery Fund




13 Child Care Support

0

19,000,000

19,000,000

14 Restricted Receipts

255,255

1,256,086

1,511,341

15 Other Funds




16 Rhode Island Capital Plan Funds




17 Blind Vending Facilities

165,000

108,062

273,062

18 Total - Individual and Family Support

244,132,810

19,358,879

263,491,689

19 Office of Veterans Services




20 General Revenues

28,573,995

2,612,031

31,186,026


21 Of this amount, $200,000 is to provide support services through Veterans’ organizations.


22 Federal Funds


11,296,289


2,003,311


13,299,600

23 Restricted Receipts

1,571,061

107,180

1,678,241

24 Other Funds




25 Rhode Island Capital Plan Funds




26 Veterans Home Asset Protection

350,000

0

350,000

27 Veterans Cemetery




28 Crypt Installation/Expansion

380,000

(220,000)

160,000

29 Total - Office of Veterans Services

42,171,345

4,502,522

46,673,867

30 Health Care Eligibility




31 General Revenues

8,265,046

(116,526)

8,148,520

32 Federal Funds

13,473,195

375,206

13,848,401

33 Total - Health Care Eligibility

21,738,241

258,680

21,996,921

34 Supplemental Security Income Program




1 General Revenues

17,950,819

(210,919)

17,739,900

2 Rhode Island Works




3 General Revenues

8,659,085

(597,687)

8,061,398

4 Federal Funds

86,375,347

(20,035,835)

66,339,512

5 Total - Rhode Island Works

95,034,432

(20,633,522)

74,400,910

6 Other Programs




7 General Revenues

851,704

25,496

877,200


8 Of this appropriation, $90,000 shall be used for hardship contingency payments.


9 Federal Funds


254,157,901


171,000,000


425,157,901

10 Restricted Receipts

8,000

0

8,000

11 Total - Other Programs

255,017,605

171,025,496

426,043,101

12 Office of Healthy Aging




13 General Revenues

12,130,918

(131,713)

11,999,205


  1. Of this amount, $325,000 is to provide elder services, including respite, through the


  2. Diocese of Providence, $40,000 for ombudsman services provided by the Alliance for Long Term


  3. Care in accordance with Rhode Island General Laws, Chapter 42-66.7, $85,000 for security for


  4. housing for the elderly in accordance with Rhode Island General Law, Section 42-66.1-3, $800,000


  5. for Senior Services Support and $580,000 for elderly nutrition, of which $530,000 is for Meals on


19

Wheels.


20 Federal Funds


20,607,297


4,406,646


25,013,943

21 Restricted Receipts

106,161

(45,434)

60,727

22 Other Funds




23 Intermodal Surface Transportation Fund

4,269,970

115,741

4,385,711

24 Total - Office of Healthy Aging

37,114,346

4,345,240

41,459,586

25 Grand Total - Human Services

742,313,985

180,383,774

922,697,759


  1. Behavioral Healthcare, Developmental Disabilities, and Hospitals


  2. Central Management


28 General Revenues

5,000,299

(2,213,054)

2,787,245

29 Federal Funds

1,352,665

(621,192)

731,473

30 Total - Central Management

6,352,964

(2,834,246)

3,518,718

31 Hospital and Community System Support




32 General Revenues

3,433,367

(2,024,752)

1,408,615

33 Federal Funds

9,899

830,273

840,172

34 Restricted Receipts

300,000

(43,710)

256,290

  1. Total - Hospital and Community System Support 3,743,266 (1,238,189) 2,505,077


  2. Services for the Developmentally Disabled


3 General Revenues 145,293,304 (3,379,136) 141,914,168


  1. Of this general revenue funding, $16,780,500 shall be expended on certain community-


  2. based department of behavioral healthcare, developmental disabilities and hospitals (BHDDH)


  3. developmental disability private provider and self-directed consumer direct care service worker


  4. raises and associated payroll cost as authorized by BHDDH. Any increases for direct support staff


  5. and residential or other community-based setting must first receive the approval of BHDDH. A


  6. total of $1,000,000 shall be expended on state infrastructure to implement and manage compliance


  7. with most recent consent decree initiatives of which all unexpended or unencumbered balances, at


  8. the end of the fiscal year, shall be reappropriated to the ensuing fiscal year and made immediately


  9. available for the same purposes.


  10. Provided that of this general revenue funding, $18,451,626 shall be expended on certain


  11. community-based department of behavioral healthcare, developmental disabilities and hospitals


  12. (BHDDH) developmental disability private provider and self-directed consumer direct care service


  13. worker raises and associated payroll costs as authorized by BHDDH. Any increase for direct


  14. support staff and residential or other community-based setting must first receive the approval of


  15. BHDDH.


  16. Provided further that of this general revenue funding, a total of $1,000,000 shall be


  17. expended on state infrastructure to implement and manage compliance with most recent consent


  18. decree initiatives and a total of $406,700 shall be expended on technology acquisition for


  19. individuals within the developmental disabilities system. For these two designations of general


  20. revenue funding, all unexpended or unencumbered balances at the end of the fiscal year shall be


  21. reappropriated to the ensuing fiscal year and made immediately available for the same purpose.


25 Federal Funds 189,882,388 (977,448) 188,904,940


  1. Of this federal funding, $22,964,880 shall be expended on certain community-based


  2. department of behavioral healthcare, developmental disabilities and hospitals (BHDDH)


  3. developmental disability private provider and self-directed consumer direct care service worker


  4. raises and associated payroll cost as authorized by BHDDH. Any increases for direct support staff


  5. and residential or other community-based setting must first receive the approval of BHDDH. A


  6. total of $1,000,000 shall be expended on state infrastructure to implement and manage compliance


  7. with most recent consent decree initiatives of which all unexpended or unencumbered balances, at


  8. the end of the fiscal year, shall be reappropriated to the ensuing fiscal year and made immediately


  9. available for the same purposes.

    1. Provided that of this federal funding, $26,917,505 shall be expended on certain


    2. community-based department of behavioral healthcare, developmental disabilities and hospitals


    3. (BHDDH) developmental disability private provider and self-directed consumer direct care service


    4. worker raises and associated payroll costs as authorized by BHDDH. Any increase for direct


    5. support staff and residential or other community-based setting must first receive the approval of


    6. BHDDH.


    7. Provided further that of this federal funding, a total of $1,000,000 shall be expended on


    8. state infrastructure to implement and manage compliance with most recent consent decree


    9. initiatives and a total of $593,300 shall be expended on technology acquisition for individuals


    10. within the developmental disabilities system. For these two designations of federal funding, all


    11. unexpended or unencumbered balances at the end of the fiscal year shall be reappropriated to the


    12. ensuing fiscal year and made immediately available for the same purpose.


13 Restricted Receipts 1,410,300

(134,600)

1,275,700

14 Other Funds



15 Rhode Island Capital Plan Funds



16 DD Residential Development 100,000

98,802

198,802

17 Total - Services for the Developmentally Disabled 336,685,992

(4,392,382)

332,293,610

18 Behavioral Healthcare Services



19 General Revenues 2,245,753

1,047,974

3,293,727

20 Federal Funds 53,811,306

(8,312,045)

45,499,261

21 Restricted Receipts 2,476,600

(8,718)

2,467,882

22 Total - Behavioral Healthcare Services 58,533,659

(7,272,789)

51,260,870

23 Hospital and Community Rehabilitative Services



24 General Revenues 115,970,100

(12,134,073)

103,836,027

25 Federal Funds 2,003,522

22,217,912

24,221,434

26 Restricted Receipts 9,750

25,000

34,750

27 Other Funds



28 Rhode Island Capital Plan Funds



29 Hospital Equipment 300,000

300,000

600,000

30 Total - Hospital and Community Rehabilitative



31 Services 118,283,372

10,408,839

128,692,211

32 Grand Total - Behavioral Healthcare,



33 Developmental Disabilities, and Hospitals 523,599,253

(5,328,767)

518,270,486

34 Office of the Child Advocate



1 General Revenues

1,036,219

68,338

1,104,557

2 Federal Funds

207,307

(145,333)

61,974

3 Grand Total - Office of the Child Advocate

1,243,526

(76,995)

1,166,531

4 Commission on the Deaf and Hard of Hearing




5 General Revenues

655,862

83,903

739,765

6 Restricted Receipts

162,802

(82,482)

80,320

7 Grand Total - Comm. On Deaf and Hard-of-Hearing

818,664

1,421

820,085

8 Governor’s Commission on Disabilities




9 General Revenues

582,860

(12,061)

570,799

10 Livable Home Modification Grant Program

507,850

39,474

547,324


  1. Provided that this will be used for home modification and accessibility enhancements to


  2. construct, retrofit, and/or renovate residences to allow individuals to remain in community settings.


  3. This will be in consultation with the Executive Office of Health and Human Services. All


  4. unexpended or unencumbered balances, at the end of the fiscal year, shall be reappropriated to the


  5. ensuing fiscal year, and made immediately available for the same purpose.


16 Federal Funds

380,316

(1,658)

378,658

17 Restricted Receipts

59,455

10,970

70,425

18 Total - Governor’s Commission on Disabilities

1,530,481

36,725

1,567,206

19 Office of the Mental Health Advocate




20 General Revenues

680,190

41,144

721,334

21 Elementary and Secondary Education




22 Administration of the Comprehensive Education

Strategy



23 General Revenues

24,339,679

944,855

25,284,534


  1. Provided that $90,000 be allocated to support the hospital school at Hasbro Children’s


  2. Hospital pursuant to Rhode Island General Law, Section 16-7-20 and that $395,000 be allocated to


  3. support child opportunity zones through agreements with the Department of Elementary and


  4. Secondary Education to strengthen education, health and social services for students and their


  5. families as a strategy to accelerate student achievement.


29 Federal Funds 324,772,666 (8,083,897) 316,688,769


  1. Provided that $684,000 from the Department’s administrative share of Individuals with


  2. Disabilities Education Act funds be allocated to the Paul V. Sherlock Center on Disabilities to


  3. support the Rhode Island Vision Education and Services Program.


  4. Restricted Receipts


    34 Restricted Receipts 1,766,808 1,247,785 3,014,593

    1 HRIC Adult Education Grants 3,500,000

    0

    3,500,000

    2 Total - Admin. of the Comprehensive Ed. Strategy 354,379,153

    (5,891,257)

    348,487,896

    3 Davies Career and Technical School



    4 General Revenues 14,437,904

    78,953

    14,516,857

    5 Federal Funds 4,546,489

    (3,144,232)

    1,402,257

    6 Restricted Receipts 4,819,592

    (300,217)

    4,519,375

    7 Other Funds



    8 Rhode Island Capital Plan Funds



    9 Davies School HVAC 900,000

    (873,500)

    26,500

    10 Davies School Asset Protection 665,000

    150,000

    815,000

    11 Davies School Healthcare Classroom



    12 Renovations 500,000

    0

    500,000

    13 Total - Davies Career and Technical School 25,868,985

    (4,088,996)

    21,779,989

    14 RI School for the Deaf



    15 General Revenues 7,402,627

    324,699

    7,727,326

    16 Federal Funds 581,126

    3,759

    584,885

    17 Restricted Receipts 469,779

    149,953

    619,732

    18 Other Funds



    19 School for the Deaf Transformation Grants 59,000

    0

    59,000

    20 Rhode Island Capital Plan Funds



    21 School for the Deaf Asset Protection 250,000

    0

    250,000

    22 Total - RI School for the Deaf 8,762,532

    478,411

    9,240,943

    23 Metropolitan Career and Technical School



    24 General Revenues 9,342,007

    0

    9,342,007

    25 Federal Funds 4,667,210

    (4,167,210)

    500,000

    26 Other Funds



    27 Rhode Island Capital Plan Funds



    28 MET School Asset Protection 250,000

    0

    250,000

    29 Total - Metropolitan Career and



    30 Technical School 14,259,217

    (4,167,210)

    10,092,007

    31 Education Aid



    32 General Revenues 1,023,707,116

    625,163

    1,024,332,279

    33 Provided that the criteria for the allocation of early

    childhood funds

    shall prioritize


  5. prekindergarten seats and classrooms for four-year-olds whose family income is at or below one

  1. hundred eighty-five percent (185%) of federal poverty guidelines and who reside in communities


  2. with higher concentrations of low performing schools.


3 Federal Funds

508,943,494

(462,553,844)

46,389,650

4 Restricted Receipts

36,146,758

(577,289)

35,569,469

5 Other Funds




6 Permanent School Fund

300,000

0

300,000

7 Total - Education Aid

1,569,097,368

(462,505,970)

1,106,591,398

8 Central Falls School District




9 General Revenues

47,702,746

0

47,702,746

10 Federal Funds

22,041,316

(21,041,316)

1,000,000

11 Total - Central Falls School District

69,744,062

(21,041,316)

48,702,746

12 School Construction Aid




13 General Revenues




14 School Housing Aid

79,409,186

(8,371,145)

71,038,041

15 School Building Authority Capital Fund

590,814

8,371,145

8,961,959

16 Total - School Construction Aid

80,000,000

0

80,000,000

17 Teachers' Retirement




18 General Revenues

123,916,166

71,488

123,987,654

19 Grand Total - Elementary and




20 Secondary Education

2,246,027,483

(497,144,850)

1,748,882,633

21 Public Higher Education




22 Office of Postsecondary Commissioner




23 General Revenues

26,979,920

(1,437,953)

25,541,967


  1. Provided that $355,000 shall be allocated to the Rhode Island College Crusade pursuant to


  2. the Rhode Island General Law, Section 16-70-5 and that $75,000 shall be allocated to Best Buddies


  3. Rhode Island to support its programs for children with developmental and intellectual disabilities.


  4. It is also provided that $7,680,838 $6,118,892 shall be allocated to the Rhode Island Promise


  5. Scholarship program, $9,595,000 shall be allocated to the Last Dollar Scholarship program, and


  6. $147,000 shall be used to support Rhode Island’s membership in the New England Board of Higher


  7. Education.


31 Federal Funds


32 Federal Funds

6,780,470

3,193,123

9,973,593

33 Guaranty Agency Administration

400,000

0

400,000

34 Restricted Receipts

3,485,642

296,980

3,782,622

1 Other Funds


2 Tuition Savings Program - Dual Enrollment

2,300,000

0

2,300,000

3 Nursing Education Center - Operating

2,589,674

(7,752)

2,581,922

4 Rhode Island Capital Plan Funds




5 Higher Education Centers

3,932,500

(2,932,500)

1,000,000


6 Provided that the state fund no more than 50.0 percent of the total project cost.


7 Total - Office of Postsecondary Commissioner


46,468,206


(888,102) 45,580,104

8 University of Rhode Island



9 General Revenues



10 General Revenues

84,177,615

4,890,660 89,068,275


  1. Provided that in order to leverage federal funding and support economic development,


  2. $700,000 shall be allocated to the Small Business Development Center and that $50,000 shall be


  3. allocated to Special Olympics Rhode Island to support its mission of providing athletic


  4. opportunities for individuals with intellectual and developmental disabilities.


15 Debt Service

29,837,239

(28,653)

29,808,586

16 RI State Forensics Laboratory

1,317,901

0

1,317,901

17 Federal Funds

31,102,250

(31,102,250)

0

18 Other Funds




19 University and College Funds

685,449,813

35,047,269

720,497,082

20 Debt - Dining Services

979,827

13,000

992,827

21 Debt - Education and General

4,833,788

(69,085)

4,764,703

22 Debt - Health Services

119,246

2,000

121,246

23 Debt - Housing Loan Funds

12,771,303

201,001

12,972,304

24 Debt - Memorial Union

322,507

3,100

325,607

25 Debt - Ryan Center

2,734,158

(355,455)

2,378,703

26 Debt - Parking Authority

1,311,087

81,786

1,392,873

27 Debt - Restricted Energy Conservation

530,994

7,245

538,239

28 Debt - URI Energy Conservation

2,039,606

(7,245)

2,032,361

29 Rhode Island Capital Plan Funds




30 Asset Protection

9,900,000

(28,114)

9,871,886

31 Fine Arts Center Renovation

0

1,072,878

1,072,878

32 Total - University of Rhode Island

867,427,334

9,728,137

877,155,471


  1. Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or


  2. unencumbered balances as of June 30, 2022 relating to the University of Rhode Island are hereby

1 reappropriated to fiscal year 2023.




2 Rhode Island College




3 General Revenues




4 General Revenues

58,108,155

1,842,652

59,950,807

5 Debt Service

6,024,998

149,155

6,174,153

6 Federal Funds

34,573,206

(34,573,206)

0

7 Other Funds




8 University and College Funds

113,860,455

9,261,091

123,121,546

9 Debt - Education and General

881,355

0

881,355

10 Debt - Housing

366,667

2,935

369,602

11 Debt - Student Center and Dining

155,000

0

155,000

12 Debt - Student Union

208,800

0

208,800

13 Debt - G.O. Debt Service

1,642,434

0

1,642,434

14 Debt - Energy Conservation

674,475

0

674,475

15 Rhode Island Capital Plan Funds




16 Asset Protection

4,733,000

(2,306,634)

2,426,366

17 Infrastructure Modernization

4,550,000

956,173

5,506,173

18 Total - Rhode Island College

225,778,545

(24,667,834)

201,110,711


  1. Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or


  2. unencumbered balances as of June 30, 2022 relating to Rhode Island College are hereby


  3. reappropriated to fiscal year 2023.


    22 Community College of Rhode Island


    23 General Revenues

    24 General Revenues

    52,427,080

    1,409,612

    53,836,692

    25 Debt Service

    1,095,685

    27,838

    1,123,523

    26 Federal Funds

    67,577,643

    (64,143,274)

    3,434,369

    27 Restricted Receipts

    660,191

    121,312

    781,503

    28 Other Funds




    29 University and College Funds

    99,556,679

    21,464,293

    121,020,972

    30 Rhode Island Capital Plan Funds




    31 Asset Protection

    3,037,615

    0

    3,037,615

    32 Knight Campus Renewal

    3,000,000

    (2,894,266)

    105,734

    33 Knight Campus Lab Renovation

    887,902

    60,414

    948,316

    34 Data, Cabling, and




    1 Power Infrastructure

    1,500,000

    (1,500,000)

    0

    2 Flanagan Campus Renovation and




    3 Modernization

    2,000,000

    (1,982,000)

    18,000

    4 Total - Community College of RI

    231,742,795

    (47,436,071)

    184,306,724


    1. Notwithstanding the provisions of section 35-3-15 of the general laws, all unexpended or


    2. unencumbered balances as of June 30, 2022 relating to the Community College of Rhode Island


7 are hereby reappropriated to fiscal year 2023.


8 Grand Total - Public Higher Education

1,371,416,880

(63,263,870)

1,308,153,010

9 RI State Council on the Arts




10 General Revenues




11 Operating Support

883,651

62,742

946,393

12 Grants

1,165,000

914

1,165,914


13 Provided that $375,000 be provided to support the operational costs of WaterFire


14 Providence art installations.




15 Federal Funds

2,677,642

(724,587)

1,953,055

16 Restricted Receipts

40,000

(20,000)

20,000

17 Other Funds




18 Art for Public Facilities

495,000

0

495,000

19 Grand Total - RI State Council on the Arts

5,261,293

(680,931)

4,580,362

20 RI Atomic Energy Commission




21 General Revenues

1,076,170

63,181

1,139,351

22 Federal Funds

477,000

0

477,000

23 Restricted Receipts

25,036

0

25,036

24 Other Funds




25 URI Sponsored Research

331,367

(15,401)

315,966

26 Rhode Island Capital Plan Funds




27 RINSC Asset Protection

50,000

5,063

55,063

28 Grand Total - RI Atomic Energy Commission

1,959,573

52,843

2,012,416


29 RI Historical Preservation and Heritage Commission


30


General Revenues


1,390,704


(103,645)


1,287,059


31 Provided that $30,000 support the operational costs of the Fort Adams Trust’s restoration


32 activities.




33 Federal Funds

697,162

44,727

741,889

34 Restricted Receipts

424,100

488

424,588

1 Other Funds


2 RIDOT Project Review

150,379

7,233

157,612

3 Grand Total - RI Historical Preservation and

Heritage



4 Comm.

2,662,345

(51,197)

2,611,148

5 Attorney General




6 Criminal




7 General Revenues

17,949,759

1,098,972

19,048,731

8 Federal Funds

3,206,560

195,329

3,401,889

9 Restricted Receipts

204,734

61,209

265,943

10 Total - Criminal

21,361,053

1,355,510

22,716,563

11 Civil




12 General Revenues

5,897,317

570,912

6,468,229

13 Restricted Receipts

1,172,929

323,454

1,496,383

14 Total - Civil

7,070,246

894,366

7,964,612

15 Bureau of Criminal Identification




16 General Revenues

1,836,927

160,277

1,997,204

17 Federal Funds

238,000

0

238,000

18 Restricted Receipts

1,005,774

125,148

1,130,922

19 Total - Bureau of Criminal Identification

3,080,701

285,425

3,366,126

20 General




21 General Revenues

4,136,361

371,620

4,507,981

22 Other Funds




23 Rhode Island Capital Plan Funds




24 Building Renovations and Repairs

150,000

3,532

153,532

25 Total - General

4,286,361

375,152

4,661,513

26 Grand Total - Attorney General

35,798,361

2,910,453

38,708,814

27 Corrections




28 Central Management




29 General Revenues

15,823,807

2,792,384

18,616,191

30 Restricted Receipts

0

346

346

31 Total - Central Management

15,823,807

2,792,730

18,616,537

32 Parole Board




33 General Revenues

1,402,115

31,524

1,433,639

34 Federal Funds

77,534

(35,702)

41,832

1 Total - Parole Board

1,479,649

(4,178)

1,475,471

2 Custody and Security




3 General Revenues

138,679,834

7,403,102

146,082,936

4 Federal Funds

1,044,858

78,177

1,123,035

5 Total - Custody and Security

139,724,692

7,481,279

147,205,971

6 Institutional Support




7 General Revenues

24,292,177

1,517,615

25,809,792

8 Other Funds




9 Rhode Island Capital Plan Funds




10 Asset Protection

5,125,000

0

5,125,000

11 Correctional Facilities - Renovations

0

3,063,154

3,063,154

12 Total - Institutional Support

29,417,177

4,580,769

33,997,946

13 Institutional Based Rehab./Population Management





14


General Revenues


11,727,119


(14,909)


11,712,210


  1. Provided that $1,050,000 be allocated to Crossroads Rhode Island for sex offender


  2. discharge planning.


17

Federal Funds

832,927

37,750

870,677


18


Restricted Receipts


49,600


15,000


64,600


19 Total - Institutional Based Rehab/Population




20 Management

12,609,646

37,841

12,647,487

21 Healthcare Services




22 General Revenues

25,847,217

1,167,383

27,014,600


  1. Of this general revenue funding, $750,000 shall be expended to expand access to


  2. behavioral healthcare for individuals with severe and persistent mental illnesses incarcerated at the


  3. Adult Correctional Institutions. Funds shall be dedicated to planning for and, as practicable,


  4. creation of a Transitional Care Unit Behavioral Management Unit to provide robust behavioral


  5. healthcare to individuals in this population whose needs do not rise to the level of requiring care at


  6. the existing Residential Treatment Unit at the High Security facility but who nonetheless would


  7. require or benefit from a level of care beyond that which is delivered to the general population. All


  8. disbursements from this fund must occur in pursuit of collaborative development by the Department


  9. of Corrections, the Office of the Governor, and the Office of Management and Budget of a final


  10. approved long-term strategy for meeting the needs of the severely and persistently mentally ill


  11. population, or in furtherance of the needs and goals identified in the final approved long-term


  12. strategy, potentially including but not limited to creation of a Transitional Care Unit Behavioral

  1. Management Unit and expansion of programming. All unexpended or unencumbered balances of


  2. this fund, at the end of any fiscal year, shall be reappropriated to the ensuing fiscal year and made


  3. immediately available for the same purposes.


4 Federal Funds

54,000

(54,000)

0

5 Restricted Receipts

2,274,537

0

2,274,537

6 Total - Healthcare Services

28,175,754

1,113,383

29,289,137

7 Community Corrections




8 General Revenues

18,577,675

1,015,641

19,593,316

9 Federal Funds

97,867

271,550

369,417

10 Restricted Receipts

14,883

(3,603)

11,280

11 Total - Community Corrections

18,690,425

1,283,588

19,974,013

12 Grand Total - Corrections

245,921,150

17,285,412

263,206,562

13 Judiciary




14 Supreme Court




15 General Revenues

29,988,350

2,132,961

32,121,311


  1. Provided however, that no more than $1,435,110 in combined total shall be offset to the


  2. Public Defender’s Office, the Attorney General’s Office, the Department of Corrections, the


  3. Department of Children, Youth, and Families, and the Department of Public Safety for square-


  4. footage occupancy costs in public courthouses and further provided that $230,000 be allocated to


  5. the Rhode Island Coalition Against Domestic Violence for the domestic abuse court advocacy


  6. project pursuant to Rhode Island General Law, Section 12-29-7 and that $90,000 be allocated to


  7. Rhode Island Legal Services, Inc. to provide housing and eviction defense to indigent individuals.


23 Defense of Indigents

5,075,432

53

5,075,485

24 Federal Funds

138,354

503,340

641,694

25 Restricted Receipts

3,861,095

205,911

4,067,006

26 Other Funds




27 Rhode Island Capital Plan Funds




28 Garrahy Courtroom Restoration

250,000

0

250,000

29 Murray Courtroom Restoration

700,000

0

700,000

30 Judicial Complexes - HVAC

1,000,000

143,149

1,143,149

31 Judicial Complexes Asset Protection

1,500,000

0

1,500,000

32 Judicial Complexes Fan




33 Coil Unit Replacements

750,000

0

750,000

34 Licht Judicial Complex Restoration

750,000

42,193

792,193

1 Total - Supreme Court

44,013,231

3,027,607

47,040,838

2 Judicial Tenure and Discipline




3 General Revenues

155,863

14,765

170,628

4 Superior Court




5 General Revenues

25,022,380

1,211,678

26,234,058

6 Federal Funds

111,553

14,698

126,251

7 Restricted Receipts

407,207

(82,190)

325,017

8 Total - Superior Court

25,541,140

1,144,186

26,685,326

9 Family Court




10 General Revenues

23,507,538

1,468,944

24,976,482

11 Federal Funds

3,106,857

221,411

3,328,268

12 Total - Family Court

26,614,395

1,690,355

28,304,750

13 District Court




14 General Revenues

14,443,083

769,637

15,212,720

15 Federal Funds

571,495

(189,176)

382,319

16 Restricted Receipts

60,000

0

60,000

17 Total - District Court

15,074,578

580,461

15,655,039

18 Traffic Tribunal




19 General Revenues

9,716,034

587,320

10,303,354

20 Workers' Compensation Court




21 Restricted Receipts

9,310,113

416,057

9,726,170

22 Grand Total - Judiciary

130,425,354

7,460,751

137,866,105

23 Military Staff




24 General Revenues

2,723,714

333,567

3,057,281

25 Federal Funds

36,614,294

3,761,534

40,375,828

26 Restricted Receipts




27 RI Military Family Relief Fund

55,000

0

55,000

28 Other Funds




29 Rhode Island Capital Plan Funds




30 Aviation Readiness Center

535,263

(535,263)

0

31 AMC Roof Replacement

366,500

(366,500)

0

32 Asset Protection

930,000

197,526

1,127,526

33 Joint Force Headquarters Building

0

906,004

906,004

34 Grand Total - Military Staff

41,224,771

4,296,868

45,521,639

  1. Public Safety


  2. Central Management


3 General Revenues 15,917,162 (14,935,869) 981,293


  1. Provided that $15,000,000 shall be allocated as the state contribution for the Statewide


  2. Body- worn Camera Program, subject to all program and reporting rules, regulations, policies, and


  3. guidelines prescribed in the Rhode Island General Laws. No money appropriated shall be


  4. distributed for Rhode Island police department body-worn camera expenses prior to the


  5. promulgation of rules and regulations. Notwithstanding the provisions of section 35-3-15 of the


  6. general laws, all unexpended or unencumbered balances as of June 30, 2022 from this appropriation


  7. are hereby reappropriated to fiscal year 2023.


11 Federal Funds

10,902,596

2,525,171

13,427,767

12 Restricted Receipts

189,556

87,208

276,764

13 Total - Central Management

27,009,314

(12,323,490)

14,685,824

14 E-911 Emergency Telephone System




15 Restricted Receipts

7,469,769

1,193,318

8,663,087

16 Security Services




17 General Revenues

27,319,253

(417,643)

26,901,610

18 Municipal Police Training Academy




19 General Revenues

262,575

15,949

278,524

20 Federal Funds

451,295

94,011

545,306

21 Total - Municipal Police Training Academy

713,870

109,960

823,830

22 State Police




23 General Revenues

77,105,322

4,996,045

82,101,367

24 Federal Funds

6,110,439

3,452,457

9,562,896

25 Restricted Receipts

856,000

69,441

925,441

26 Other Funds




27 Airport Corporation Assistance

150,000

15,300

165,300

28 Road Construction Reimbursement

2,500,000

790,951

3,290,951

29 Weight and Measurement Reimbursement

400,000

222,997

622,997

30 Rhode Island Capital Plan Funds




31 DPS Asset Protection

791,000

7,498

798,498

32 Portsmouth Barracks

350,000

0

350,000

33 Southern Barracks

2,100,000

0

2,100,000

34 Training Academy Upgrades

750,000

(556,380)

193,620

1 Statewide Communications System


2 Network

237,370

(6,441)

230,929

3 Headquarters Roof Replacement

0

998,259

998,259

4 Total-State Police

91,350,131

9,990,127

101,340,258

5 Grand Total - Public Safety

153,862,337

(1,447,728)

152,414,609

6 Office of Public Defender




7 General Revenues

13,431,599

786,051

14,217,650

8 Federal Funds

75,665

19,387

95,052

9 Grand Total - Office of Public Defender

13,507,264

805,438

14,312,702

10 Emergency Management Agency




11 General Revenues

2,710,290

5,216,141

7,926,431

12 Federal Funds

17,552,433

12,010,469

29,562,902

13 Restricted Receipts

527,563

(68,108)

459,455

14 Other Funds




15 Rhode Island Capital Plan Funds




16 RI Statewide Communications Network

1,494,400

0

1,494,400

17 Emergency Management Building

250,000

0

250,000

18 Grand Total - Emergency Management Agency

22,534,686

17,158,502

39,693,188

19 Environmental Management




20 Office of the Director




21 General Revenues




22 General Revenues

7,551,252

173,917

7,725,169


23 Of this general revenue amount, $50,000 is appropriated to the Conservation Districts.


24


Clean and Drinking Water Match


0


21,915,120


21,915,120


  1. Provided that these funds are used to support the state match for the Clean Water State


  2. Revolving Fund and Drinking Water State Revolving Fund through the Rhode Island Infrastructure


  3. Bank and that the Infrastructure Bank provide acceptable documentation to the Office of


  4. Management and Budget showing the need for the funding to be used as state match.


29 Federal Funds

0

65,100

65,100

30 Restricted Receipts

4,189,798

708,116

4,897,914

31 Total - Office of the Director

11,741,050

22,862,253

34,603,303

32 Natural Resources




33 General Revenues

25,272,202

2,046,235

27,318,437

34 Federal Funds

21,635,240

2,416,356

24,051,596

1 Restricted Receipts

5,454,434

405,546

5,859,980

2 Other Funds




3 DOT Recreational Projects

762,000

0

762,000

4 Blackstone Bike Path Design

1,000,000

0

1,000,000

5 Transportation MOU

10,286

(10,286)

0

6 Rhode Island Capital Plan Funds




7 Blackstone Valley Park Improvement

500,000

489,717

989,717

8 Dam Repair

90,000

865,315

955,315

9 Fort Adams Rehabilitation

300,000

223,880

523,880

10 Galilee Pier Upgrades

5,420,000

3,562,563

8,982,563

11 Newport Pier Upgrades

150,000

108,820

258,820

12 Recreation Facility Asset Protection

750,000

79,693

829,693

13 Recreational Facilities Improvement

3,200,000

157,990

3,357,990

14 Total - Natural Resources

64,544,162

10,345,829

74,889,991

15 Environmental Protection




16 General Revenues

13,360,386

605,317

13,965,703


  1. Provided that any unexpended or unencumbered balances, at the end of the fiscal year, from


  2. the $132,486 provided for municipal firefighting foam disposal, shall be reappropriated to the


  3. ensuing fiscal year, and made immediately available for the same purpose.


20 Federal Funds

10,753,650

668,948

11,422,598

21 Restricted Receipts

7,457,559

113,787

7,571,346

22 Other Funds




23 Transportation MOU

63,565

(31,544)

32,021

24 Total - Environmental Protection

31,635,160

1,356,508

32,991,668

25 Grand Total - Environmental Management

107,920,372

34,564,590

142,484,962

26 Coastal Resources Management Council




27 General Revenues

2,809,533

179,339

2,988,872

28 Federal Funds

1,850,628

446,274

2,296,902

29 Restricted Receipts

250,000

0

250,000

30 Other Funds




31 Rhode Island Capital Plan Funds




32 Narragansett Bay SAMP

75,115

69,309

144,424

33 RI Coastal Storm Risk Study

475,000

0

475,000

34 Grand Total - Coastal Resources Management




1 Council 5,460,276

694,922

6,155,198

2 Transportation



3 Central Management



4 Federal Funds 16,066,910

627,845

16,694,755

5 Other Funds



6 Gasoline Tax 8,917,792

727,132

9,644,924

7 Total - Central Management 24,984,702

1,354,977

26,339,679

8 Management and Budget



9 Other Funds



10 Gasoline Tax 5,380,580

53,487

5,434,067

11 Infrastructure Engineering



12 Federal Funds 416,941,030

3,601,089

420,542,119

13 Restricted Receipts 2,589,202

2,103,452

4,692,654

14 Other Funds



15 Gasoline Tax 70,347,728

1,298,457

71,646,185

16 Toll Revenue 35,089,593

(4,000,000)

31,089,593

17 Land Sale Revenue 5,979,719

5,302,754

11,282,473

18 Rhode Island Capital Plan Funds



19 Highway Improvement Program 63,451,346

0

63,451,346

20 Bike Path Facilities Maintenance 400,000

(15,951)

384,049

21 RIPTA - Land and Buildings 1,330,000

(74,950)

1,255,050

22 RIPTA - Providence Transit Connector 0

35,726

35,726

23 RIPTA - Pawtucket Bus Hub & Transit Connector 0

598,180

598,180

24 RIPTA - Warwick Bus Hub 260,000

0

260,000

25 RIPTA - URI Mobility Hub 600,000

0

600,000

26 Total - Infrastructure Engineering 596,988,618

8,848,757

605,837,375

27 Infrastructure Maintenance



28 Federal Funds 18,038,585

14,800,000

32,838,585

29 Other Funds



30 Gasoline Tax 29,781,566

5,630,898

35,412,464

31 Non-Land Surplus Property 50,000

(50,000)

0

32 Rhode Island Highway Maintenance



33 Account 87,157,485

12,327,899

99,485,384

34 Rhode Island Capital Plan Funds



1 Maintenance Capital Equipment


2 Replacement

1,499,462

0

1,499,462

3 Maintenance Facilities Improvements

900,000

179,400

1,079,400

4 Welcome Center

150,000

0

150,000

5 Salt Storage Facilities

2,500,000

(500,000)

2,000,000

6 Train Station Maintenance and Repairs

450,000

230,179

680,179

7 Total - Infrastructure Maintenance

140,527,098

32,618,376

173,145,474

8 Grand Total - Transportation

767,880,998

42,875,597

810,756,595

9 Statewide Totals




10 General Revenues

4,550,811,637

941,952,582

5,492,764,219

11 Federal Funds

5,862,690,503

(158,402,175)

5,704,288,328

12 Restricted Receipts

372,695,155

10,531,511

383,226,666

13 Other Funds

2,334,615,011

(38,613,148)

2,296,001,863

14 Statewide Grand Total

13,120,812,306

755,468,770

13,876,281,076


  1. SECTION 2. Each line appearing in Section 1 of this Article shall constitute an


  2. appropriation.


  3. SECTION 3. The general assembly authorizes the state controller to establish the internal


  4. service accounts shown below, and no other, to finance and account for the operations of state


  5. agencies that provide services to other agencies, institutions and other governmental units on a cost


  6. reimbursed basis. The purpose of these accounts is to ensure that certain activities are managed in


  7. a businesslike manner, promote efficient use of services by making agencies pay the full costs


  8. associated with providing the services, and allocate the costs of central administrative services


  9. across all fund types, so that federal and other non-general fund programs share in the costs of


  10. general government support. The controller is authorized to reimburse these accounts for the cost


  11. of work or services performed for any other department or agency subject to the following


  12. expenditure limitations:


  13. Account Expenditure Limit


28


FY2022

FY2022

FY2022

29


Enacted

Change

FINAL

30

State Assessed Fringe Benefit Internal Service Fund

37,626,944

(149,771)

37,477,173

31

Administration Central Utilities




32

Internal Service Fund

27,345,573

10,931

27,356,504

33

State Central Mail Internal Service Fund

6,736,424

382,893

7,119,317

34

State Telecommunications Internal Service Fund

3,100,546

769,721

3,870,267

1 State Automotive Fleet Internal Service Fund

12,664,678

208,206

12,872,884

2 Surplus Property Internal Service Fund

3,000

0

3,000

3 Health Insurance Internal Service Fund

272,604,683

63,451

272,668,134

4 Other Post-Employment Benefits Fund

63,858,483

0

63,858,483

5 Capitol Police Internal Service Fund

1,731,553

(295,960)

1,435,593

6 Corrections Central Distribution Center




7 Internal Service Fund

7,410,210

94,561

7,504,771

8 Correctional Industries Internal Service Fund

8,590,417

(117,116)

8,473,301

9 Secretary of State Record Center Internal Service Fund

1,060,059

115,727

1,175,786

10 Human Resources Internal Service Fund

13,962,865

1,266,275

15,229,140

11 DCAMM Facilities Internal Service Fund

43,562,371

1,809,115

45,371,486

12 Information Technology Internal Service Fund

48,951,700

(171,347)

48,780,353


  1. SECTION 4. Departments and agencies listed below may not exceed the number of full-


  2. time equivalent (FTE) positions shown below in any pay period. Full-time equivalent positions do


  3. not include limited period positions or, seasonal or intermittent positions whose scheduled period


  4. of employment does not exceed twenty-six consecutive weeks or whose scheduled hours do not


  5. exceed nine hundred and twenty-five (925) hours, excluding overtime, in a one-year period. Nor


  6. do they include individuals engaged in training, the completion of which is a prerequisite of


  7. employment. Provided, however, that the Governor or designee, Speaker of the House of


  8. Representatives or designee, and the President of the Senate or designee may authorize an


  9. adjustment to any limitation. Prior to the authorization, the State Budget Officer shall make a


  10. detailed written recommendation to the Governor, the Speaker of the House, and the President of


  11. the Senate. A copy of the recommendation and authorization to adjust shall be transmitted to the


  12. chairman of the House Finance Committee, Senate Finance Committee, the House Fiscal Advisor,


  13. and the Senate Fiscal Advisor.


  14. State employees whose funding is from non-state general revenue funds that are time


  15. limited shall receive limited term appointment with the term limited to the availability of non-state


  16. general revenue funding source.


  17. FY 2022 FTE POSITION AUTHORIZATION


  18. Departments and Agencies Full-Time Equivalent


  19. Administration 650.7

  20. Provided that no more than 421.5 of the total authorization would be limited to positions

  21. that support internal service fund programs.


  22. Business Regulation 162.0

1 Executive Office of Commerce

16.0

2 Labor and Training

462.7 461.7

3 Revenue

570.5

4 Legislature

298.5

5 Office of the Lieutenant Governor

8.0

6 Office of the Secretary of State

59.0

7 Office of the General Treasurer

89.0

8 Board of Elections

13.0

9 Rhode Island Ethics Commission

12.0

10 Office of the Governor

45.0

11 Commission for Human Rights

14.0

12 Public Utilities Commission

54.0

13 Office of Health and Human Services

190.0

14 Children, Youth, and Families

702.5

15 Health

530.6 530.4

16 Human Services

753.0

17 Office of Veterans Services

263.1 263.0

18 Office of Healthy Aging

31.0

19 Behavioral Healthcare, Developmental Disabilities, and Hospitals

1,190.4

20 Office of the Child Advocate

10.0

21 Commission on the Deaf and Hard of Hearing

4.0

22 Governor’s Commission on Disabilities

4.0

23 Office of the Mental Health Advocate

4.0

24 Elementary and Secondary Education

143.1

25 School for the Deaf

60.0

26 Davies Career and Technical School

123.0

27 Office of Postsecondary Commissioner

33.0


  1. Provided that 1.0 of the total authorization would be available only for positions that are


  2. supported by third-party funds, 10.0 would be available only for positions at the State’s Higher


  3. Education Centers located in Woonsocket and Westerly, and 10.0 would be available only for


  4. positions at the Nursing Education Center.


  5. University of Rhode Island 2,555.0


  6. Provided that 357.8 of the total authorization would be available only for positions that are


  7. supported by third-party funds.

    1. Rhode Island College 949.2

    2. Provided that 76.0 of the total authorization would be available only for positions that are

    3. supported by third-party funds.

    4. Community College of Rhode Island 849.1

    5. Provided that 89.0 of the total authorization would be available only for positions that are

    6. supported by third-party funds.

    7. Rhode Island State Council on the Arts 9.6

    8. RI Atomic Energy Commission 8.6

    9. Historical Preservation and Heritage Commission 15.6

    10. Office of the Attorney General 247.1

    11. Corrections 1,424.0

    12. Judicial 726.3

    13. Military Staff 92.0

    14. Emergency Management Agency 33.0

    15. Public Safety 622.6 628.6

    16. Office of the Public Defender 99.0

    17. Environmental Management 401.0

    18. Coastal Resources Management Council 30.0

    19. Transportation 755.0

20 Total 15,313.2 15,317.9

  1. No agency or department may employ contracted employee services where contract

  2. employees would work under state employee supervisors without determination of need by the

  3. Director of Administration acting upon positive recommendations by the Budget Officer and the

  4. Personnel Administrator and 15 days after a public hearing.

  5. Nor may any agency or department contract for services replacing work done by state

  6. employees at that time without determination of need by the Director of Administration acting upon

  7. the positive recommendations of the State Budget Officer and the Personnel Administrator and 30

  8. days after a public hearing.

  9. SECTION 5. Reappropriation of Funding for State Fiscal Recovery Fund and Capital

  10. Projects Fund. Notwithstanding any provision of general law, any unexpended and unencumbered

  11. federal funds from the State Fiscal Recovery Fund and Capital Projects Fund shall be

  12. reappropriated in the ensuing fiscal year and made available for the same purposes. However, any

  13. such reappropriations are subject to final approval by the General Assembly as part of the

  14. supplemental appropriations act.

1 SECTION 6. This article shall take effect upon passage.


  1. ARTICLE 8

    =======

    art.008/3/008/2/014/2/014/1

    =======


  2. RELATING TO LEASE AGREEMENTS FOR LEASED OFFICE AND OPERATING SPACE



  3. SECTION 1. This Article consists of a joint resolution that is submitted pursuant to § 37-


  4. 6-2 authorizing various lease agreements for office space and operating space.


  5. SECTION 2. Executive Office of Commerce


  6. WHEREAS, the Executive Office of Commerce currently occupies approximately 2,983


  7. square feet at 555 Valley Street (Building 58, Suite 203) in the City of Providence;


  8. WHEREAS, the Executive Office of Commerce currently has a current lease agreement,


  9. in full force and effect, with Foundry ALCO Members, LLC for approximately 2,983 square feet


  10. of office space located at 555 Valley Street (Building 58, Suite 203);


  11. WHEREAS, the existing lease expires on June 30, 2022, and the Executive Office of


  12. Commerce wishes to exercise its option to renew this lease for an additional five-year term;


  13. WHEREAS, the State of Rhode Island, acting by and through the Executive Office of


  14. Commerce attests to the fact that there are no clauses in the lease agreement with Foundry ALCO


  15. Members, LLC that would interfere with the Executive Office of Commerce lease agreement or


  16. use of the facility;


  17. WHEREAS, the leased premises provide a critical location for the offices of the Executive


  18. Office of Commerce from which the organization can fulfill the mission of the Executive Office of


  19. Commerce;


  20. WHEREAS, the annual base rent in the agreement in the current fiscal year, ending June


21 30, 2022 is $71,234.04;


  1. WHEREAS, the anticipated annual base rent of the agreement in each of the five (5) years


  2. of the renewal term will not exceed $76,576.60;


  3. WHEREAS, the payment of the annual base rent will be made from funds available to the


  4. Executive Office of Commerce for the payments of rental and lease costs based on annual


  5. appropriations made by the General Assembly;


  6. WHEREAS, the State Properties Committee now respectfully requests the approval of the


  7. Rhode Island House of Representatives and the Rhode Island Senate for the lease agreement


  8. between the Executive Office of Commerce and Foundry ALCO Members, LLC for leased space


  9. located at 555 Valley Street (Building 58, Suite 203), Providence; now therefore be it

    1. RESOLVED, that this General Assembly of the State of Rhode Island hereby approves the


    2. lease agreement, for a term not to exceed five (5) years and an aggregate base rent not to exceed


    3. $382,883; and it be further


    4. RESOLVED, that this Joint Resolution shall take effect upon passage by the General


    5. Assembly; and it be further


    6. RESOLVED, that the Secretary of State is hereby authorized and directed to transmit duly


    7. certified copies of this resolution to the Governor, the Director of the Executive Office of


    8. Commerce, the Director of Administration, the State Budget Officer, and the Chair of the State


    9. Properties Committee.


    10. SECTION 3. Department of Corrections


    11. WHEREAS, the Rhode Island Department of Corrections has a current lease agreement,


    12. in full force and effect, with WRR Associates, LLC. for approximately 5,086 square feet of office


    13. space located at 49 Pavilion Avenue, Providence;


    14. WHEREAS, the State of Rhode Island, acting by and through the Department of


    15. Corrections attests to the fact that there are no clauses in the lease agreement with the WRR


    16. Associates, LLC that would interfere with the Department of Corrections lease agreement or use


    17. of the facility;


    18. WHEREAS, the existing lease expires on January 31, 2023, and the Department of


    19. Corrections wishes to advertise a Request for Proposals seeking approximately 5,000 square feet


    20. of office space and relocating to a new office location in Providence;


    21. WHEREAS, the annual base rent in the current agreement in the current fiscal year, ending


22 June 30, 2022 and continuing through January 31, 2023 is $108,690;


23 WHEREAS, the annual base rent of the agreement through January 31, 2023 will not


24 exceed $108,690;


  1. WHEREAS, it is anticipated that the annual base rent of the new lease agreement in each


  2. of the ten years of the term will not exceed $110,000;


  3. WHEREAS, the payment of the annual base rent will be made from funds available to the


  4. Department of Corrections for the payments of rental and lease costs based on annual


  5. appropriations made by the General Assembly;


  6. WHEREAS, the proposed new leased premises will provide a critical location for the


  7. offices of the Department of Corrections from which the Department can serve the needs of


  8. Providence and surrounding communities and otherwise fulfill the mission of the Department of


  9. Corrections;


  10. WHEREAS, the State Properties Committee now respectfully requests the approval of the

    1. Rhode Island House of Representatives and the Rhode Island Senate for the lease agreement


    2. between the Department of Corrections and a landlord to be determined, for the office space located


    3. at a location to be determined in the City of Providence, Rhode Island; now therefore be it


    4. RESOLVED, that this General Assembly of the State of Rhode Island hereby approves the


    5. lease agreement, for a term not to exceed ten (10) years and an aggregate base rent not to exceed


    6. $1,100,000; and it be further


    7. RESOLVED, that this joint resolution shall take effect upon passage by the General


    8. Assembly; and it be further


    9. RESOLVED, that the Secretary of State is hereby authorized and directed to transmit duly


    10. certified copies of this resolution to the Governor, the Director of the Department of Corrections,


    11. the Director of Administration, the State Budget Officer, and the Chair of the State Properties


    12. Committee.


    13. SECTION 4. University of Rhode Island -- Communicative Disorders Program Lease


    14. Renewal


    15. WHEREAS, the University of Rhode Island (“University”) has academic programs in


    16. physical therapy, communicative disorders, and kinesiology with teaching, research, and outreach


    17. that benefit Rhode Island adults and children with injuries and disabilities;


    18. WHEREAS, the Independence Square Foundation (“Foundation”) is a non-profit


    19. corporation that develops and manages community center buildings, leasing space at affordable


    20. rates to not-for-profit operations, with a historical emphasis on operations supporting individuals


    21. with disabilities;


    22. WHEREAS, the Foundation promotes and fosters collaborative relationships between its


    23. non-profit tenants in the interest of enhancing the range and quality of services offered to these


    24. special populations, recognized at the national level as a unique model to be emulated:


    25. WHEREAS, in 1991, the University and the Board of Governors for Higher


    26. Education/Council on Postsecondary Education/University of Rhode Island Board of Trustees


    27. (“Board”), and the State Properties Committee (“Properties Committee”) approved a lease of land


    28. (“Ground Lease”), for ten years, with ten years renewable, for a parcel of land at 25 West


    29. Independence Way on the Kingston Campus of the University in Kingston, Rhode Island to the


    30. Foundation, enabling Independence Square to build a 40,000 square foot community center


    31. building for not-for-profit tenants;


    32. WHEREAS, in 2002, the University, the Board and the Properties Committee, approved a


    33. space lease executed on May 24, 2002 and terminating, with executed extensions, on January 31,


    34. 2023, wherein the Foundation leased to University approximately 4,300 rentable square feet of

  1. space located Building II for the University’s Communicative Disorders program (“Program”)


  2. within the original phase of building at 25 West Independence Way and that Program, associated


  3. students and faculty have benefited from the quality, accessible, and well maintained facilities for


  4. the duration of that lease;


  5. WHEREAS, in 2007, the University, the Board, and the Properties Committee have


  6. approved a 25 year extension to the existing Ground Lease, commencing as of January 1, 2009 and


  7. terminating on January 31, 2034;


  8. WHEREAS, in 2022, the University and the Board approved a space lease commencing as


  9. of the February 1, 2023 and terminating on January 31, 2034 , wherein the Foundation leased to


  10. University approximately 4,300 rentable square feet of space located Building II for the


  11. University’s Program within the original phase of building at 25 West Independence Way and that


  12. Program, associated students and faculty have benefited from the quality, accessible, and well


  13. maintained facilities for the duration of that lease;


  14. WHEREAS, it is in the best interest of the Program, associated students and faculty to have


  15. continued access to the quality, accessible, and well maintained facilities for the duration of the


  16. lease;


  17. WHEREAS, the renewal of the lease requires the University to pay rent, plus the


  18. University’s proportional share of building operating expenses, such as heating, cooling, lighting,


  19. and basic electrical service, such rent, for the Lease period, in total, shall be $758,692.00. The


  20. proportionate share of building operating expenses are calculated on an annualized basis, this


  21. proportionate share of building operating expenses being subject to annual increases in operating


  22. expenses in future years; now, therefore be it


  23. RESOLVED, that this General Assembly of the State of Rhode Island hereby recognizes


  24. that lease payments of rent will not exceed $758,692.00 for the duration of the Communicative


  25. Disorders Program Lease Renewal (“Lease Renewal”), plus the proportionate share of building


  26. operating expenses; and be it further


  27. RESOLVED, that this General Assembly hereby approves this Lease Renewal and its


  28. associated rent and proportionate operating cost; and be it further


  29. RESOLVED, that this Joint Resolution shall take effect upon passage by this General


  30. Assembly; and be it further


  31. RESOLVED, that the Secretary of State is hereby authorized and directed to transmit duly


  32. certified copies of this resolution to the Governor, the President of the University of Rhode Island,


  33. the Director of Administration, the State Budget Officer, and the Chair of the State Properties


  34. Committee.

  1. SECTION 5. University of Rhode Island Physical Therapy Program Lease Renewal


  2. WHEREAS, the University of Rhode Island (“University”) has academic programs in


  3. physical therapy, communicative disorders, and kinesiology with teaching, research, and outreach


  4. that benefit Rhode Island adults and children with injuries and disabilities;


  5. WHEREAS, the Independence Square Foundation (“Foundation”) is a non-profit


  6. corporation that develops and manages community center buildings, leasing space at affordable


  7. rates to not-for-profit operations, with a historical emphasis on operations supporting individuals


  8. with disabilities;


  9. WHEREAS, the Foundation promotes and fosters collaborative relationships between its


  10. non-profit tenants in the interest of enhancing the range and quality of services offered to these


  11. special populations, recognized at the national level as a unique model to be emulated:


  12. WHEREAS, in 1991, the University and the Board of Governors for Higher


  13. Education/Council on Postsecondary Education/University of Rhode Island Board of Trustees


  14. (“Board”), and the State Properties Committee (“Properties Committee”) approved a lease of land


  15. (“Ground Lease”), for ten years, with ten years renewable, for a parcel of land at 25 West


  16. Independence Way on the Kingston Campus of the University in Kingston, Rhode Island to the


  17. Foundation, enabling Independence Square to build a 40,000 square foot community center


  18. building for not-for-profit tenants;


  19. WHEREAS, in 2007, the University, the Board, and the Properties Committee have


  20. approved a 25 year extension to the existing Ground Lease, commencing as of January 1, 2009 and


  21. terminating on January 31, 2034;


  22. WHEREAS, in 2013, the University, the Board and the Properties Committee, approved a


  23. space lease commencing as of the February 1, 2014 and terminating on February 28, 2023, wherein


  24. the Foundation leased to University approximately 16,400 rentable square feet of space located


  25. Building II for the University’s Physical Therapy program (“Program”) within the original phase


  26. of building at 25 West Independence Way and that Program, associated students and faculty have


  27. benefited from the quality, accessible, and well maintained facilities for the duration of that lease;


  28. WHEREAS, in 2022, the University and the Board approved a space lease commencing as


  29. of March 1, 2023 and terminating on January 31, 2034 (“Lease”), wherein the Foundation leased


  30. to University approximately 16,400 rentable square feet of space located Building II for the


  31. University’s Program within the original phase of building at 25 West Independence Way and that


  32. Program, associated students and faculty have benefited from the quality, accessible, and well


  33. maintained facilities for the duration of that Lease;


  34. WHEREAS it is in the best interest of the Program, associated students and faculty to have

  1. continued access to the quality, accessible, and well-maintained facilities for the duration of the


  2. Lease;


  3. WHEREAS, the lease requires the University to pay rent, plus the University’s


  4. proportional share of building operating expenses, such as heating, cooling, lighting, and basic


  5. electrical service, such rent, for the Lease period, in total, shall be $2,871,694.67. The proportionate


  6. share of building operating expenses are calculated on an annualized basis, this proportionate share


  7. of building operating expenses being subject to annual increases in operating expenses in future


  8. years; now, therefore be it


  9. RESOLVED, that this General Assembly of the State of Rhode Island hereby recognizes


  10. that Lease payments of rent will not exceed $2,871,694.67 for the duration of the Lease, plus the


  11. proportionate share of building operating expenses; and be it further


  12. RESOLVED, that this General Assembly hereby approves this Physical Therapy Program


  13. Lease Renewal and its associated rent and proportionate operating costs; and be it further


  14. RESOLVED, that this Joint Resolution shall take effect upon passage by this General


  15. Assembly; and be it further


  16. RESOLVED, that the Secretary of State is hereby authorized and directed to transmit duly


  17. certified copies of this resolution to the Governor, the President of the University of Rhode Island,


  18. the Director of Administration, the State Budget Officer, and the Chair of the State Properties


  19. Committee.


  20. SECTION 6. This Article shall take effect upon passage.

    =======

    art.009/12/009/11/009/10/009/9/009/8/009/7/009/6/009/5/009/4/009/3/009/2/009/1

    =======


    1. ARTICLE 9


    2. RELATING TO ECONOMIC DEVELOPMENT



    3. SECTION 1. Section 21-27-1 of the Rhode Island General Laws in Chapter 21-27 entitled


    4. "Sanitation in Food Establishments" is hereby amended to read as follows:


    5. 21-27-1. Definitions.


    6. Unless otherwise specifically provided in this chapter, the following definitions apply to


    7. this chapter:


    8. (1) "Approved" means approved by the director.


    9. (2) "Commissary" means a central processing establishment where food is prepared for


    10. sale or service off the premises or by mobile vendor an operating base location to which a mobile


    11. food establishment or transportation vehicle returns regularly for such things as food preparation,


    12. food storage, vehicle and equipment cleaning, discharging liquid or solid wastes, refilling water


    13. tanks and ice bins.


    14. (3) "Cottage food manufacture" means the production in accordance with the requirements


    15. of § 21-27-6.2 of allowable foods for retail sale directly to the consumer in a residential kitchen or


    16. a rented commercial kitchen licensed by the department.


    17. (4) "Cultural heritage education facility" means a facility for up to ten (10 individuals who,


    18. for a fee, participate in the preparation and consumption of food, limited to an owner-occupied site


    19. documented to be at least one hundred and fifty (150) years old and whose drinking water shall be


    20. obtained from an approved source which meets all of the requirements of chapter 46-13.


    21. (3) (5) "Department" means the department of health.


    22. (4) (6) "Director" means the director of health or the director's duly appointed agents.


    23. (5) (7) "Farmers market" means a market where two (2) or more farmers are selling produce


    24. exclusively grown on their own farms on a retail basis to consumers. Excluded from this term is


    25. any market where farmers or others are selling produce at wholesale and/or any market in which


    26. any individual is selling produce not grown on his or her own farm.


    27. (6) (8) "Farm home food manufacture" means the production in accordance with the


    28. requirements of § 21-27-6.1 of food for retail sale in a residential kitchen on a farm which produces


    29. agricultural products for human consumption and the operator of which is eligible for exemption


    30. from the sales and use tax in accordance with § 44-18-30(32).

      1. (7) (9) "Food" means: (i) articles used for food or drink for people or other animals, (ii)


      2. chewing gum, and (iii) articles used for components of any food or drink article.


      3. (8) (10) "Food business" means and includes any establishment or place, whether fixed or


      4. mobile, where food or ice is held, processed, manufactured, packaged, prepared, displayed, served,


      5. transported, or sold.


      6. (9) (11) "Food service establishment" means any fixed or mobile restaurant, coffee shop,


      7. cafeteria, short-order cafe, luncheonette, grill, tearoom, sandwich shop, soda fountain, tavern; bar,


      8. cocktail lounge, night club, roadside stand, industrial feeding establishment, cultural heritage


      9. education facility, private, public or nonprofit organization or institution routinely serving food,


      10. catering kitchen, commissary or similar place in which food or drink is prepared for sale or for


      11. service on the premises or elsewhere, and any other eating or drinking establishment or operation


      12. where food is served or provided for the public with or without charge.


      13. (10) (12) "Mobile food service unit" means a unit that prepares and/or sells food products


      14. for direct consumption.


      15. (13) "Operator" in relation to food vending machines means any person who by contract,


      16. agreement, lease, rental, or ownership sells food from vending machines.


      17. (11) (14) "Person" means any individual, firm, co-partnership, association, or private or


      18. municipal corporation.


      19. (12) (15) "Processor" means one who combines, handles, manufactures or prepares,


      20. packages, and stores food products.


      21. (13) "Operator" in relation to food vending machines means any person who by contract,


      22. agreement, lease, rental, or ownership sells food from vending machines.


      23. (14) (16) "Retail" means when eighty percent (80%) or more of sales are made directly to


      24. consumers.


      25. (15) (17) "Retail peddler" means a food business which sells meat, seafood, and dairy


      26. products directly to the consumer, house to house or in a neighborhood.


      27. (16) (18) "Roadside farmstand" means a stand or location adjacent to a farm where produce


      28. grown only on that farm is sold at the time of harvest.


      29. (17) (19) "Vending machine site or location" means the room, enclosure, space, or area


      30. where one or more vending machines are installed and/or operated.


      31. (18) (20) "Warehouse" means a place for the storage of dried, fresh, or frozen food or food


      32. products, not including those areas associated within or directly part of a food service establishment


      33. or retail market.


      34. (19) (21) "Wholesale" means when eighty percent (80%) or more of the business is for

  1. resale purposes.


  2. (20) "Cultural heritage education facility" means a facility for up to ten (10) individuals


  3. who, for a fee, participate in the preparation and consumption of food, limited to an owner-occupied


  4. site documented to be at least one hundred fifty (150) years old and whose drinking water shall be


  5. obtained from an approved source which meets all of the requirements of chapter 46-13.


  6. SECTION 2. Chapter 21-27 of the Rhode Island General Laws entitled "Sanitation in Food


  7. Establishments" is hereby amended by adding thereto the following section:


  8. 21-27-6.2. Cottage food manufacture.


  9. Notwithstanding the other provisions of this chapter, the department of health shall register


  10. cottage food manufacture and the sale of the products of cottage food manufacture direct to


  11. consumers whether by pickup or delivery within the state, provided that the requirements of this


  12. section are met.


  13. (1) The cottage food products shall be produced in a kitchen that is on the premises of a


  14. home and meets the standards for kitchens as provided for in minimum housing standards, adopted


  15. pursuant to chapter 24.2 of title 45 and the Housing Maintenance and Occupancy Code, adopted


  16. pursuant to chapter 24.3 of title 45, and in addition the kitchen shall:


  17. (i) Be equipped at minimum with either a two (2) compartment sink or a dishwasher that


  18. reaches one hundred fifty (150) degrees Fahrenheit after the final rinse and drying cycle and a one


  19. compartment sink;


  20. (ii) Have sufficient area or facilities, such as portable dish tubs and drain boards, for the


  21. proper handling of soiled utensils prior to washing and of cleaned utensils after washing so as not


  22. to interfere with safe food handling; equipment, utensils, and tableware shall be air dried;


  23. (iii) Have drain boards and food preparation surfaces that shall be of a nonabsorbent,


  24. corrosion resistant material such as stainless steel, formica or other chip resistant, nonpitted surface;


  25. (iv) Have self-closing doors for bathrooms that open directly into the kitchen;


  26. (v) If the home is on private water supply, the water supply must be tested once per year;


  27. (vi) Notwithstanding this subsection, the cottage food products may also be produced in a


  28. commercial kitchen licensed by the department and is leased or rented by the cottage food registrant


  29. provided that a record be maintained as to the dates the commercial kitchen was used and that


  30. ingredients used in the production of cottage foods are transported according to applicable food


  31. safety standards and regulations promulgated by the department.


  32. (2) The cottage food products are prepared and produced ready for sale under the following


  33. conditions:


  34. (i) Pets are kept out of food preparation and food storage areas at all times;

  1. (ii) Cooking facilities shall not be used for domestic food purposes while cottage food


  2. products are being prepared;


  3. (iii) Garbage is placed and stored in impervious covered receptacles before it is removed


  4. from the kitchen, which removal shall be at least once each day that the kitchen is used for cottage


  5. food manufacture;


  6. (iv) Any laundry facilities which may be in the kitchen shall not be used during cottage


  7. food manufacture;


  8. (v) Recipe(s) for each cottage food product with all the ingredients and quantities listed,


  9. and processing times and procedures, are maintained in the kitchen for review and inspection;


  10. (vi) An affixed label that contains:


  11. (A) Name, address, and telephone number;


  12. (B) The ingredients of the cottage food product, in descending order of predominance by


  13. weight or volume;


  14. (C) Allergen information, as specified by federal and state labeling requirements, such as


  15. milk, eggs, tree nuts, peanuts, wheat, and soybeans; and


  16. (D) The following statement printed in at least ten-point type in a clear and conspicuous


  17. manner that provides contrast to the background label: "Made by a Cottage Food Business


  18. Registrant that is not Subject to Routine Government Food Safety Inspection," unless products have


  19. been prepared in a commercial kitchen licensed by the department.


  20. (3) Cottage food manufacture shall be limited to the production of baked goods that do not


  21. require refrigeration or time/temperature control for safety, including but not limited to:


  22. (i) Double crust pies;


  23. (ii) Yeast breads;


  24. (iii) Biscuits, brownies, cookies, muffins; and


  25. (iv) Cakes that do not require refrigeration or temperature-controlled environment; and


  26. (v) Other goods as defined by the department.


  27. (4) Each cottage food manufacturer shall be registered with the department of health and


  28. shall require a notarized affidavit of compliance, in any form that the department may require, from


  29. the applicant that the requirements of this section have been met and the operation of the kitchen


  30. shall be in conformity with the requirements of this section. Prior to the initial registration, each


  31. cottage food manufacturer is required to successfully complete a Food Safety Manager Course, any


  32. American Standards Institute approved food handler course, or any other course approved by the


  33. department. A certificate of registration shall be issued by the department upon the payment of a


  34. fee as set forth in § 23-1-54 and the submission of an affidavit of compliance. The certificate of

  1. registration shall be valid for one year after the date of issuance; provided, however, that the


  2. certificate may be revoked by the director at any time for noncompliance with the requirements of


  3. the section. The certificate of registration, with a copy of the affidavit of compliance, shall be kept


  4. in the kitchen where the cottage food manufacture takes place. The director of health shall have the


  5. authority to develop and issue a standard form for the affidavit of compliance to be used by persons


  6. applying for a certificate of registration; the form shall impose no requirements or certifications


  7. beyond those set forth in this section and § 21-27-1(6). No certificates of registration shall be issued


  8. by the department prior to November 1, 2022.


  9. (5) No such operation shall engage in consignment or wholesale sales. The following


  10. additional locational sales by any such cottage food operation shall be prohibited: (1) Grocery


  11. stores; (2) restaurants; (3) long-term care facilities; (4) group homes; (5) day care facilities; and (6)


  12. schools. Advertising and sales by Internet, mail and phone are permissible, provided the cottage


  13. food licensee or their designee shall deliver, in person, to the customer within the state.


  14. (6) Total annual gross sales for a cottage food operation shall not exceed fifty thousand


  15. dollars ($50,000) per calendar year. If annual gross sales exceed the maximum annual gross sales


  16. amount allowed, the cottage food registrant shall either obtain food processor license or cease


  17. operations. The director of health shall request documentation to verify the annual gross sales figure


  18. of any cottage food operation.


  19. (7) Sales on all cottage foods are subject to applicable sales tax pursuant to § 44-18-7.


  20. (8) The director of health or designee may inspect a cottage food operation at any time to


  21. ensure compliance with the provisions of this section. Nothing in this section shall be construed to


  22. prohibit the director of health or designee of the director from investigating the registered area of a


  23. cottage food operation in response to a foodborne illness outbreak, consumer complaint or other


  24. public health emergency.


  25. SECTION 3. Section 23-1-54 of the Rhode Island General Laws in Chapter 23-1 entitled


  26. "Health and Safety" is hereby amended to read as follows:


  27. 23-1-54. Fees payable to the department of health.


  28. Fees payable to the department shall be as follows:


  29. PROFESSION RIGL Section Description of Fee FEE


  30. Barbers/hairdressers 5-10-10(a) Renewal application $25.00


  31. Barbers/hairdressers 5-10-10(a) Renewal application:


  32. Manicuring Instructors and manicurists $25.00


  33. Barbers/hairdressers 5-10-10(b) Minimum late renewal fee $25.00


  34. Barbers/hairdressers 5-10-10(b) Maximum late renewal fee $100.00

1

Barbers/hairdressers

5-10-11[c]

Application fee

$25.00

2

Barbers/hairdressers

5-10-11[c]

Application fee: manicuring


3



Instructors and manicurists

$25.00

4

Barbers/hairdressers

5-10-13

Demonstrator's permit

$90.00

5

Barbers/hairdressers

5-10-15

Shop license: initial

$170.00

6

Barbers/hairdressers

5-10-15

Shop license: renewal

$170.00

7

Veterinarians

5-25-10

Application fee

$40.00

8

Veterinarians

5-25-11

Examination fee

$540.00

9

Veterinarians

5-25-12(a)

Renewal fee

$580.00

10

Veterinarians

5-25-12[c]

Late renewal fee

$120.00

11

Podiatrists

5-29-7

Application fee

$240.00

12

Podiatrists

5-29-11

Renewal fee: minimum

$240.00

13

Podiatrists

5-29-11

Renewal fee: maximum

$540.00

14

Podiatrists

5-29-13

Limited registration

$65.00

15

Podiatrists

5-29-14

Limited registration:


16



Academic faculty

$240.00

17

Podiatrists

5-29-14

Application fee:


18



Renewal minimum

$240.00

19

Podiatrists

5-29-14

Application fee:


20



Renewal maximum

$440.00

21

Chiropractors

5-30-6

Examination fee:

$210.00

22

Chiropractors

5-30-7

Examination exemption fee:

$210.00

23

Chiropractors

5-30-8(b)

Exam Physiotherapy

$210.00

24

Chiropractors

5-30-8(b)

Exam chiro and physiotherapy

$210.00

25

Chiropractors

5-30-12

Renewal fee

$210.00

26

Dentists/dental hygienists

5-31.1-6(d)

Dentist: application fee

$965.00

27

Dentists/dental hygienists

5-31.1-6(d)

Dental hygienist: application fee

$65.00

28

Dentists/dental hygienists

5-31.1-6(d)

Reexamination: dentist

$965.00

29

Dentists/dental hygienists

5-31.1-6(d)

Reexamination: hygienist

$65.00

30

Dentists/dental hygienists

5-31.1-21(b)

Reinstatement fee dentist

$90.00

31

Dentists/dental hygienists

5-31.1-21(b)

Reinstatement fee hygienist

$90.00

32

Dentists/dental hygienists

5-31.1-21(c)

Inactive status: dentist

$220.00

33

Dentists/dental hygienists

5-31.1-21(c)

Inactive status: hygienist

$40.00

34

Dentists/dental hygienists

5-31.1-22

Limited registration

$65.00

1

Dentists/dental hygienists

5-31.1-23[c]

Limited reg:


2



Academic faculty

$965.00

3

Dentists/dental hygienists

5-31.1-23[c]

Limited reg:


4



Academic faculty renewal

$500.00

5

Electrolysis

5-32-3

Application fee

$25.00

6

Electrolysis

5-32-6(b)

Renewal fee

$25.00

7

Electrolysis

5-32-7

Reciprocal license fee

$25.00

8

Electrolysis

5-32-17

Teaching license

$25.00

9

Funeral directors/embalmers

5-33.2-12

Funeral establishment license

$120.00

10

Funeral services establishments




11

Funeral directors/embalmers

5-33.2-15

Renewal: funeral/director

$90.00


12 Funeral services establishments embalmer $30.00


13 Funeral directors/embalmers


5-33.2-12


Funeral branch ofc license


$90.00

14 Funeral directors/embalmers

5-33.2-13.1

Crematories: application fee

$120.00

15 Funeral services establishments




16 Funeral directors/embalmers

5-33.2-15

Renewal: funeral/director

$120.00


17 Funeral Svcs establishments establishment



18 Funeral directors/embalmers 5-33.2-15

Additional branch office


19 Funeral services Establishments licenses


$120.00

20 Funeral directors/embalmers 5-33.2-15

Crematory renewal fee


21 Funeral svcs establishments


$120.00

22 Funeral directors/embalmers 5-33.2-15

Late renewal fee


23 Funeral svcs establishments (All license types)


$25.00

24 Funeral directors/embalmers 5-33.2-16(a)

Intern registration fee


25 Funeral Services establishments


$25.00.

26 Nurses 5-34-12

RN Application fee

$135.00

27 Nurses 5-34-16

LPN Application fee

$45.00

28 Nurses 5-34-19

Renewal fee: RN

$135.00

29 Nurses 5-34-19

Renewal fee: LPN

$45.00

30 Nurses 5-34-37

RNP application fee

$80.00

31 Nurses 5-34-37

RNP renewal fee

$80.00

32 Nurses 5-34-37

RNP prescriptive privileges

$65.00

33 Nurses 5-34-40.3

Clin nurse spec application

$80.00

34 Nurses 5-34-40.3

Clin nurse spec renewal

$80.00

1

Nurses

5-34-40.3

Clin nurse spec Rx privilege

$65.00

2

Nurse anesthetists

5-34.2-4(a)

CRNA application fee

$80.00

3

Nurse anesthetists

5-34.2-4(b)

CRNA renewal fee

$80.00

4

Optometrists

5-35.1-4

Application fee

$280.00

5

Optometrists

5-35.1-7

Renewal fee

$280.00

6

Optometrists

5-35.1-7

Late fee

$90.00

7

Optometrists

5-35.1-7

Reactivation of license fee

$65.00

8

Optometrists

5-35.1-19(b)

Violations of section

$650.00

9

Optometrists

5-35.1-20

Violations of chapter

$260.00

10

Opticians

5-35.2-3

Application fee

$30.00

11

Physicians

5-37-2

Application fee

$1,090.00

12

Physicians

5-37-2

Re-examination fee

$1,090.00

13

Physicians

5-37-10(b)

Late renewal fee

$170.00

14

Physicians

5-37-16

Limited registration fee

$65.00

15

Physicians

5-37-16.1

Ltd reg: academic faculty

$600.00

16

Physicians

5-37-16.1

Ltd reg: academic Faculty renewal

$170.00

17

Acupuncture

5-37.2-10

Application fee

$310.00

18

Acupuncture

5-37.2-13(4)

Acupuncture assistant

$310.00

19



Licensure fee

$170.00

20

Social workers

5-39.1-9

Application fee

$70.00

21

Social workers

5-39.1-9

Renewal fee

$70.00

22

Physical therapists

5-40-8

Application fee

$155.00

23

Physical therapists

5-40-8.1

Application: physical therapy


24



assistants

$50.00

25

Physical therapists

5-40-10(a)

Renewal fee: Physical therapists

$155.00

26

Physical therapists

5-40-10(a)

Renewal fee: Physical therapy


27



assistants

$50.00

28

Physical therapists

5-40-10[c]

Late renewals

$50.00

29

Occupational therapists

5-40.1-12(2)

Renewal fee

$140.00

30

Occupational therapists

5-40.1-12(5)

Late renewal fee

$50.00

31

Occupational therapists

5-40.1-12(b)

Reactivation fee

$140.00

32

Occupational therapists

5-40.1-13

Application fee

$140.00

33

Psychologists

5-44-12

Application fee

$230.00

34

Psychologists

5-44-13

Temporary permit

$120.00

1

Psychologists

5-44-15[c]

Renewal fee

$230.00

2

Psychologists

5-44-15(e)

Late renewal fee

$50.00

3

Nursing home administrators

5-45-10

Renewal fee

$160.00

4

Speech pathologist/audiologists

5-48-1(14)

Speech lang support personnel:


5



late filing

$90.00

6

Speech pathologist/audiologists

5-48-9(a)

Application fee: Audiologist

$65.00

7

Speech pathologist/audiologists

5-48-9(a)

Application fee:


8



Speech Pathologist

$145.00

9

Speech pathologist/audiologists

5-48-9(a)

Renewal fee: Audiologist

$65.00

10

Speech pathologist/audiologists

5-48-9(a)

Renewal fee: Speech Pathologist

$145.00

11

Speech pathologist/audiologists

5-48-9(a)

Provisional license: renewal fee

$65.00

12

Speech pathologist/audiologists

5-48-9(b)

Late renewal fee

$50.00

13

Speech pathologist/audiologists

5-48-9(d)(1)

Reinstatement fee: audiologist

$65.00

14

Speech pathologist/audiologists

5-48-9(d)(1)

Reinstatement fee: audiologist

$65.00

15



speech pathologists

$145.00

16



personnel: late filing

$65.00

17

Hearing aid dealers/fitters

5-49-6(a)

License endorsement Examination

fee $25.00

18

Hearing aid dealers/fitters

5-49-8(b)

Temporary permit fee

$25.00

19

Hearing aid dealers/fitters

5-49-8(d)

Temporary permit renewal fee

$35.00

20

Hearing aid dealers/fitters

5-49-11(a)(1)

License fee

$25.00

21

Hearing aid dealers/fitters

5-49-11(b)

License renewal fee

$25.00

22

Hearing aid dealers/fitters

5-49-11[c]

License renewal late fee

$25.00

23

Physician assistants

5-54-9(4)

Application fee

$110.00

24

Physician assistants

5-54-11(b)

Renewal fee

$110.00

25

Orthotics/prosthetic practice

5-59.1-5

Application fee

$120.00

26

Orthotics/prosthetic practice

5-59.1-12

Renewal fee

$120.00

27

Athletic trainers

5-60-11

Application fee

$60.00

28

Athletic trainers

5-60-11

Renewal fee

$60.00

29

Athletic trainers

5-60-11

Late renewal fee

$25.00

30

Mental health counselors

5-63.2-16

Application fee: Marriage


31

Marriage and family therapists


Family therapist

$130.00

32

Mental health counselors

5-63.2-16

Application fee: Mental


33

Marriage and family therapists


Health counselors

$70.00

34

Mental health counselors

5-63.2-16

Reexamination fee:


1 Marriage and family therapists


Marriage/family therapist

$130.00

2 Mental health counselors

5-63.2-16

Reexamination fee:


3 Marriage and family therapists


Mental health counselors

$70.00

4 Mental health counselors

5-63.2-17(a)

Renewal fee: Marriage


5 Marriage and Family therapists


Family therapist

$130.00

6 Mental health counselors

5-63.2-17(a)

Renewal fee:


7 Marriage and Family therapist


Mental health counselor

$50.00

8 Mental health counselors

5-63.2-17(b)

Late renewal fee


9 Marriage and Family therapist


Marriage and family therapist

$90.00

10 Dieticians

5-64-6(b)

Application fee

$75.00

11 Dieticians

5-64-7

Graduate status: Application fee:

$75.00

12 Dieticians

5-64-8

Renewal fee

$75.00

13 Dieticians

5-64-8

Reinstatement fee

$75.00

14 Radiologic technologists

5-68.1-10

Application fee maximum

$190.00

15 Licensed chemical dependency

5-69-9

Application fee

$75.00

16 professionals




17 Licensed chemical dependency

5-69-9

Renewal fee

$75.00

18 professionals




19 Licensed chemical

5-69-9

Application fee

$75.00

20 Licensed chemical dependency

5-69-9

Application fee

$75.00

21 clinical supervisor




22 Licensed chemical dependency

5-69-9

Renewal fee

$75.00

23 clinical supervisor




24 Deaf interpreters

5-71-8(a)(3)

License fee maximum

$25.00

25 Deaf interpreters

5-71-8(a)(3)

License renewal fee

$25.00

26 Milk producers

21-2-7(g)(1)

In-state milk processor

$160.00

27 Milk producers

21-2-7(g)(2)

Out-of-state milk processor

$160.00

28 Milk producers

21-2-7(g)(3)

Milk distributors

$160.00

29 Frozen desserts

21-9-3(1)

In-state wholesale

$550.00

30 Frozen desserts

21-9-3(2)

Out-of-state wholesale

$160.00

31 Frozen desserts

21-9-3(3)

Retail frozen dess processors

$160.00

32 Meats

21-11-4

Wholesale

$160.00

33 Meats

21-11-4

Retail

$40.00

34 Shellfish packing houses

21-14-2

License fee: Shipper/reshipper

$320.00

1

Shellfish packing houses

21-14-2

License fee: Shucker packer/repacker

$390.00

2

Non-alcoholic bottled beverages

,



3

drinks & juices

21-23-2

Bottler permit

$550.00

4

Non-alcoholic bottled beverages

,



5

drinks and juices

21-23-2

Bottle apple cider fee

$60.00

6

Farm home food manufacturers

21-27-6.1(4)

Registration fee

$65.00

7

Cottage Food Manufacturers

21-27-6.2(4)

Registration fee

$65.00

8

Food businesses

21-27-10(e)(1)

Food processors wholesale

$300.00

9

Food businesses

21-27-10(e)(2)

Food processors retail

$120.00

10

Food businesses

21-27-10(e)(3)

Food service establishments


11



50 seats or less

$160.00

12

Food businesses

21-27-10(e)(3)

Food service establishments


13



more than 50 seats

$240.00

14

Food businesses

21-27-10(e)(3)

Mobile food service units

$100.00

15

Food businesses

21-27-10(e)(3)

Industrial caterer or food vending


16



Machine commissary

$280.00

17

Food businesses

21-27-10(e)(3)

Cultural heritage educational Facility

$80.00

18

Food businesses

21-27-10(e)(4)

Vending Machine Location


19



3 units or less

$50.00

20

Food businesses

21-27-10(e)(4)

Vending Machine Location


21



4-10 units

$100.00

22

Food businesses

21-27-10(e)(4)

Vending Machine Location =


23



11 units

$120.00

24

Food businesses

21-27-10(e)(5)

Retail Mkt 1-2 cash registers

$120.00

25

Food businesses

21-27-10(e)(5)

Retail Market 3-5 cash registers

$240.00

26

Food businesses

21-27-10(e)(5)

Retail Market = 6 Cash registers

$510.00

27

Food businesses

21-27-10(e)(6)

Retail food peddler

$100.00

28

Food businesses

21-27-10(e)(7)

Food warehouses

$190.00

29

Food businesses

21-27-11.2

Certified food safety mgr

$50.00

30

License verification fee

23-1-16.1

All license types

$50.00

31

Tattoo and body piercing

23-1-39

Annual registration fee: Person

$90.00


  1. Tattoo and body piercing 23-1-39 Annual registration fee: establishment $90.00


  2. Vital records 23-3-25(a)(1) Certificate of birth, fetal death,


  3. death, marriage, birth, or

    1



    Certification that such record


    2



    Cannot be found

    $20.00

    3

    Vital records

    23-3-25(a)(1)

    Each duplicate of certificate of


    4



    birth, fetal death, death,


    5



    marriage, birth, or certification


    6



    that such record cannot be found

    $15.00

    7

    Vital records

    23-3-25(a)(2)

    Each additional calendar year


    8



    Search, if within 3 months of


    9



    original search and if receipt of


    10



    original search presented

    $2.00

    11

    Vital records

    23-3-25(a)(3)

    Expedited service

    $7.00

    12

    Vital records

    23-3-25(a)(4)

    Adoptions, legitimations, or


    13



    Paternity determinations

    $15.00

    14

    Vital records

    23-3-25(a)(5)

    Authorized corrections,


    15



    Alterations, and additions

    $10.00

    16

    Vital records

    23-3-25(a)(6)

    Filing of delayed record and


    17



    Examination of documentary Proof

    $20.00

    18

    Vital records

    23-3-25(a)(6)

    Issuance of certified copy of a


    19



    delayed record

    $20.00

    20

    Medical Examiner

    23-4-13

    Autopsy reports

    $40.00

    21

    Medical Examiner

    23-4-13

    Cremation certificates and statistics

    $30.00

    22

    Medical Examiner

    23-4-13

    Testimony in civil suits:


    23



    Minimum/day

    $650.00

    24

    Medical Examiner

    23-4-13

    Testimony in civil suits:


    25



    Maximum/day

    $3,250.00

    26

    Emergency medical technicians

    23-4.1-10[c]

    Annual fee: ambulance


    27



    service maximum

    $540.00

    28

    Emergency medical technicians

    23-4.1-10[c]

    Annual fee: vehicle license


    29



    maximum

    $275.00

    30

    Emergency medical technicians

    23-4.1-10[c]

    Triennial fee: EMT license


    31



    maximum

    $120.00

    32

    Emergency medical technicians

    23-4.1-10(c)(2)

    Exam fee maximum: EMT

    $120.00

    33

    Emergency medical technicians

    23-4.1-10(c)(2)

    Vehicle inspection maximum

    $190.00

    34

    Clinical laboratories

    23-16.2-4(a)

    Clinical laboratory license per


    1



    specialty $650.00

    2

    Clinical laboratories

    23-16.2-4(a)

    Laboratory station license $650.00

    3

    Clinical laboratories

    23-16.2-4(b)

    Permit fee $70.00

    4

    Health care facilities

    23-17-38

    Hospital: base fee annual $16,900.00

    5

    Health care facilities

    23-17-38

    Hospital: annual per bed fee $120.00

    6

    Health care facilities

    23-17-38

    ESRD: annual fee $3,900.00

    7

    Health care facilities

    23-17-38

    Home nursing care/home

    8



    Care providers $650.00

    9

    Health care facilities

    23-17-38

    OACF: annual fee $650.00

    10

    Assisted living residences/



    11

    administrators

    23-17.4-15.2(d)

    License application fee: $220.00

    12

    Assisted living residences/



    13

    administrators

    23-17.4-15.2(d)

    License renewal fee: $220.00

    14

    Assisted living residences

    23-17.4-31

    Annual facility fee: base $330.00

    15

    Assisted living residences

    23-17.4-31

    Annual facility per bed $70.00

    16

    Nursing assistant registration

    23-17.9-3

    Application: competency

    17



    evaluation training program

    18



    maximum $325.00

    19

    Nursing assistant registration

    23-17.9-5

    Application fee $35.00

    20

    Nursing assistant registration

    23-17.9-5

    Exam fee: skills proficiency $170.00

    21

    Nursing assistant registration

    23-17.9-6

    Registration fee $35.00

    22

    Nursing assistant registration

    23-17.9-7

    Renewal fee $35.00

    23

    Sanitarians

    23-19.3-5(a)

    Registration fee $25.00

    24

    Sanitarians

    23-19.3-5(b)

    Registration renewal $25.00

    25

    Massage therapy

    23-20.8-3(e)

    Massage therapist appl fee $65.00

    26

    Massage therapy

    23-20.8-3(e)

    Massage therapist renewal fee $65.00

    27

    Recreational facilities

    23-21-2

    Application fee $160.00

    28

    Swimming pools

    23-22-6

    Application license: first pool $250.00

    29

    Swimming pools

    23-22-6

    Additional pool fee at same location $75.00

    30

    Swimming pools

    23-22-6

    Seasonal application license:

    31



    first pool $150.00

    32

    Swimming pools

    23-22-6

    Seasonal additional pool fee at

    33



    same location $75.00

    34

    Swimming pools

    23-22-6

    Year-round license for non-profit $25.00

    1. Swimming pools 23-22-10 Duplicate license $2.00


    2. Swimming pools 23-22-12 Penalty for violations $50.00


    3. Respiratory care practitioners 23-39-11 Application fee $60.00


    4. Respiratory care practitioners 23-39-11 Renewal fee $60.00


    5. SECTION 4. Section 42-64.20-10 of the General Laws in Chapter 42-64.20 entitled


    6. "Rebuild Rhode Island Tax Credit" is hereby amended to read as follows:


7 42-64.20-10. Sunset.


8 No credits shall be authorized to be reserved pursuant to this chapter after December 31,


9 2022 2023.


  1. SECTION 5. Section 42-64.21-9 of the General Laws in Chapter 42-64.21 entitled "Rhode


  2. Island Tax Increment Financing" is hereby amended to read as follows:


12 42-64.21-9. Sunset.


13 The commerce corporation shall enter into no agreement under this chapter after December


14 31, 2022 2023.


  1. SECTION 6. Section 42-64.22-15 of the General Laws in Chapter 42-64.22 entitled "Tax


  2. Stabilization Incentive" is hereby amended to read as follows:


17 42-64.22-15. Sunset.


18 The commerce corporation shall enter into no agreement under this chapter after December


19 31, 2022 2023.


  1. SECTION 7. Section 42-64.23-8 of the General Laws in Chapter 42-64.23 entitled "First


  2. Wave Closing Fund Act" is hereby amended to read as follows:


22 42-64.23-8. Sunset.


23 No financing shall be authorized to be reserved pursuant to this chapter after December 31,


24 2022 2023.


  1. SECTION 8. Section 42-64.24-8 of the General Laws in Chapter 42-64.24 entitled "I-195


  2. Redevelopment Project Fund Act" is hereby amended as follows:


27 42-64.24-8. Sunset.


  1. No funding, credits, or incentives shall be authorized or authorized to be reserved pursuant


  2. to this chapter after December 31, 2022 2023.


  3. SECTION 9. Section 42-64.25-14 of the General Laws in Chapter 42-64.25 entitled "Small


  4. Business Assistance Program Act" is hereby amended as follows:


32 42-64.25-14. Sunset.


33 No grants, funding, or incentives shall be authorized pursuant to this chapter after


34 December 31, 2022 2023.

1 SECTION 10. Sections 42-64.26-3, 42-64.26-4, 42-64.26-5 and 42-64.26-12 of the


  1. General Laws in Chapter 42-64.26 entitled "Stay Invested in RI Wavemaker Fellowship" are hereby


  2. amended to read as follows:


4 42-64.26-3. Definitions.


  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) "Taxpayer" means an applicant who receives a tax credit under this chapter.


  9. (5) "Commerce corporation" means the Rhode Island commerce corporation established


  10. pursuant to chapter 64 of title 42.


  11. (6) "Eligible expenses" or "education loan repayment expenses" means annual higher


  12. education loan repayment expenses, including, without limitation, principal, interest and fees, as


17 may be applicable, incurred by an eligible graduate and which the eligible graduate is obligated to


  1. repay for attendance at a postsecondary institution of higher learning.


  2. (7) "Eligibility period" means a term of up to four (4) consecutive service periods beginning


  3. with the date that an eligible graduate receives initial notice of award under this chapter and


  4. expiring at the conclusion of the fourth service period after such date specified.


  5. (8) "Eligibility requirements" means the following qualifications or criteria required for an


  6. applicant to claim an award under this chapter:


  7. (i) That the applicant shall have graduated from an accredited two (2) year, four (4) year


  8. or graduate postsecondary institution of higher learning with an associate's, bachelor's, graduate, or


  9. post-graduate degree and at which the applicant incurred education loan repayment expenses;


  10. (ii) That the applicant shall be a full-time employee with a Rhode Island-based employer


  11. located in this state throughout the eligibility period, whose employment is for work in one or more


  12. of the following covered fields: life, natural or environmental sciences; computer, information or


  13. software technology; advanced mathematics or finance; engineering; industrial design or other


  14. commercially related design field; or medicine or medical device technology.


  15. (9) "Full-time employee" means a person who is employed by a business for consideration


  16. for a minimum of at least thirty-five (35) hours per week, or who renders any other standard of


  17. service generally accepted by custom or practice as full-time employment, or who is employed by

  1. a professional employer organization pursuant to an employee leasing agreement between the


  2. business and the professional employer organization for a minimum of thirty-five (35) hours per


  3. week, or who renders any other standard of service generally accepted by custom or practice as


  4. full-time employment, and whose wages are subject to withholding.


  5. (10) "Healthcare applicant" means any applicant that meets the eligibility requirements and


  6. works as a full-time employee as a high-demand healthcare practitioner or mental health


  7. professional, including, but not limited to, clinical social workers and mental health counselors


  8. licensed by the department of health, and as defined in regulations to be promulgated by the


  9. commerce corporation, in consultation with the executive office of health and human services,


  10. pursuant to chapter 35 of this title.


  11. (1011) "Service period" means a twelve (12) month period beginning on the date that an


  12. eligible graduate receives initial notice of award under this chapter.


  13. (1112) "Student loan" means a loan to an individual by a public authority or private lender


  14. to assist the individual to pay for tuition, books, and living expenses in order to attend a


  15. postsecondary institution of higher learning.


  16. (1213) "Rhode Island-based employer" means (i) an employer having a principal place of


  17. business or at least fifty-one percent (51%) of its employees located in this state; or (ii) an employer


  18. registered to conduct business in this state that reported Rhode Island tax liability in the previous


  19. tax year.


  20. (1314) "STEM/designFund fund" refers to the "Stay Invested in RI Wavemaker Fellowship


  21. Fund" established pursuant to § 42-64.26-4(a).


  22. (15) "Healthcare fund" refers to the "Healthcare Stay Invested in RI Wavemaker


  23. Fellowship Fund" established pursuant to § 42-64.26-4(b).


  24. 42-64.26-4. Establishment of fund -- Purposes -- Composition.


  25. (a) There is hereby established the "Stay Invested in RI Wavemaker Fellowship Fund" (the


  26. "fund") to be administered by the commerce corporation as set forth in this chapter.


  27. (b) There is hereby established the "Healthcare Stay Invested in RI Wavemaker Fellowship


  28. Fund" to be administered by the commerce corporation as set forth in this chapter.


  29. (bc) The purpose of the fund STEM/design fund and healthcare fund is to expand


  30. employment opportunities in the state and to retain talented individuals in the state by providing


  31. tax credits in relation to education loan repayment expenses to applicants who meet the eligibility


  32. requirements under this chapter.


  33. (cd) The fund STEM/design fund and healthcare fund shall consist of:


  34. (1) Money appropriated in the state budget to the fund;

  1. (2) Money made available to the fund through federal programs or private contributions;


  2. and


  3. (3) Any other money made available to the fund.


  4. (de) The fund STEM/design fund shall be used to pay for the redemption of tax credits or


  5. reimbursement to the state for tax credits applied against a taxpayer's the tax liability of any non-


  6. healthcare applicant that received an award. The healthcare fund shall be used to pay for the


  7. redemption of tax credits or reimbursement to the state for tax credits applied against the tax


  8. liability of any healthcare applicant that received an award on or after July 1, 2022. The fund funds


  9. shall be exempt from attachment, levy or any other process at law or in equity. The director of the


  10. department of revenue shall make a requisition to the commerce corporation for funding during


  11. any fiscal year as may be necessary to pay for the redemption of tax credits presented for


  12. redemption or to reimburse the state for tax credits applied against a taxpayer's tax liability. The


  13. commerce corporation shall pay from the funds such amounts as requested by the director of the


  14. department of revenue necessary for redemption or reimbursement in relation to tax credits granted


  15. under this chapter.


  16. 42-64.26-5. Administration.


  17. (a) Application. An eligible graduate claiming an award under this chapter shall submit to


  18. the commerce corporation an application in the manner that the commerce corporation shall


  19. prescribe.


  20. (b) Upon receipt of a proper application from an applicant who meets all of the eligibility


  21. requirements, the commerce corporation shall select applicants on a competitive basis to receive


  22. credits for up to a maximum amount for each service period of one thousand dollars ($1,000) for


  23. an associate's degree holder, four thousand dollars ($4,000) for a bachelor's degree holder, and six


  24. thousand dollars ($6,000) for a graduate or post-graduate degree holder, but not to exceed the


  25. education loan repayment expenses incurred by such taxpayer during each service period


  26. completed, for up to four (4) consecutive service periods provided that the taxpayer continues to


  27. meet the eligibility requirements throughout the eligibility period. The commerce corporation shall


  28. delegate the selection of the applicants that are to receive awards to a fellowship committee to be


  29. convened by the commerce corporation and promulgate the selection procedures the fellowship


  30. committee will use, which procedures shall require that the committee's consideration of


  31. applications be conducted on a name-blind and employer-blind basis and that the applications and


  32. other supporting documents received or reviewed by the fellowship committee shall be redacted of


  33. the applicant's name, street address, and other personally-identifying information as well as the


  34. applicant's employer's name, street address, and other employer-identifying information. The

  1. commerce corporation shall determine the composition of the fellowship committee and the


  2. selection procedures it will use in consultation with the state's chambers of commerce.


  3. Notwithstanding the foregoing, the commerce corporation shall create and establish a committee


  4. to evaluate any healthcare applicant for an award in the same manner as prescribed in this


  5. paragraph. The executive office of health and human services ("EOHHS") shall be represented on


  6. the committee and provide consultation to the commerce corporation on selection procedures.


  7. Notwithstanding EOHHS's consultation and representation in the selection of healthcare applicants,


  8. the commerce corporation shall administer all other aspects of a healthcare applicant's application,


  9. award, and certification.


  10. (c) The credits awarded under this chapter shall not exceed one hundred percent (100%) of


  11. the education loan repayment expenses incurred by such taxpayer during each service period


  12. completed for up to four (4) consecutive service periods. Tax credits shall be issued annually to the


  13. taxpayer upon proof that (i) the taxpayer has actually incurred and paid such education loan


  14. repayment expenses; (ii) the taxpayer continues to meet the eligibility requirements throughout the


  15. service period; (iii) The award shall not exceed the original loan amount plus any capitalized


  16. interest less award previously claimed under this section; and (iv) that the taxpayer claiming an


  17. award is current on his or her student loan repayment obligations.


  18. (d) The commerce corporation shall not commit to overall STEM/design awards in excess


  19. of the amount contained in the commerce STEM/design fund or to overall healthcare awards in


  20. excess of the amount contained in the healthcare fund.


  21. (e) The commerce corporation shall reserve seventy percent (70%) of the awards issued in


  22. a calendar year to applicants who are permanent residents of the state of Rhode Island or who


  23. attended an institution of higher education located in Rhode Island when they incurred the


  24. education loan expenses to be repaid.


  25. (f) In administering award, the commerce corporation shall:


  26. (1) Require suitable proof that an applicant meets the eligibility requirements for award


  27. under this chapter;


  28. (2) Determine the contents of applications and other materials to be submitted in support


  29. of an application for award under this chapter; and


  30. (3) Collect reports and other information during the eligibility period for each award to


  31. verify that a taxpayer continues to meet the eligibility requirements for an award.


32 42-64.26-12. Sunset.


33 No incentives or credits shall be authorized pursuant to this chapter after December 31,


34 2022 2023.

  1. SECTION 11. Section 42-64.27-6 of the General Laws in Chapter 42-64.27 entitled "Main


  2. Street Rhode Island Streetscape Improvement Fund" is hereby amended as follows:


3 42-64.27-6. Sunset.


  1. No incentives shall be authorized pursuant to this chapter after December 31, 2022 2023.


  2. SECTION 12. Section 42-64.28-10 of the General Laws in Chapter 42-64.28 entitled


  3. "Innovation Initiative" is hereby amended as follows:


7 42-64.28-10. Sunset.


8 No vouchers, grants, or incentives shall be authorized pursuant to this chapter after


9 December 31, 2022 2023.


  1. SECTION 13. Section 42-64.31-4 of the General Laws in Chapter 42-64.31 entitled "High


  2. School, College, and Employer Partnerships" is hereby amended as follows:


12 42-64.31-4. Sunset.


  1. No grants shall be authorized pursuant to this chapter after December 31, 2022 2023.


  2. SECTION 14. Section 42-64.32-6 of the General Laws in Chapter 42-64.32 entitled "Air


  3. Service Development Fund" is hereby amended as follows:


16 42-64.32-6. Sunset.


  1. No grants, credits, or incentives shall be authorized or authorized to be reserved pursuant


  2. to this chapter after December 31, 2022 2023.


  3. SECTION 2. Title 42 of the General Laws entitled "STATE AFFAIRS AND


  4. GOVERNMENT" is hereby amended by adding thereto the following chapter:


  5. CHAPTER 162


  6. THE RHODE ISLAND BROADBAND DEVELOPMENT PROGRAM


  7. The Rhode Island Broadband Development Program shall provide oversight and


  8. coordination of all broadband and digital equity initiatives in the state of Rhode Island, including,


  9. but not limited to, the following:


  10. (i) Creating a statewide broadband strategic plan which shall include goals and strategies


  11. related to increasing the access and use of broadband internet in the state. Such a plan shall include


  12. high-capacity transmission technique using a wide range of frequencies to deliver high-speed


  13. internet including both wireline and wireless technologies and shall include, but not be limited to:


  14. goals for broadband elements such as speed, latency, affordability, reliability, access, sustainability,


  15. and digital equity. The plan shall be submitted to the governor, the speaker of the house of


  16. representatives, and the president of the senate on or before December 31, 2022 and shall be


  17. updated every five (5) years thereafter;


  18. 42-162-1. Definitions.

  1. As used in this chapter, the following words shall have the following meanings:


  2. (1) "Broadband advisory council" or "council" means the broadband advisory council


  3. established pursuant to the provisions of § 42-162-4.


  4. (2) "Broadband director" or "director" means the broadband coordinator designated


  5. pursuant to the provisions of § 42-162-2.


  6. (3) "Broadband " means “a high-capacity transmission technique using a wide range of


  7. frequencies to deliver high-speed internet including both wireline and wireless technologies” and


  8. shall include, but not be limited to: goals for broadband elements such as speed, latency,


  9. affordability, access, sustainability, and digital equity.


  10. (4) "Digital literacy" means the ability to use information and communication technologies


  11. to find, evaluate, create and communicate information, requiring both cognitive and technical skills;


  12. (5) "Unserved" means a geographic location of the state in which there is no provider of


  13. broadband Internet service that offers dedicated Internet access for transmission at consistent


  14. speeds with the ability to scale upload speeds over time consistent with technology trends.


  15. (6) "Underserved" means a geographic location of the state in which there is no broadband


  16. Internet service available at consistent speeds with the ability to scale upload speeds over time


  17. consistent with technology trends.


  18. 42-162-2. Broadband director.


  19. An employee of the commerce corporation shall be designated by the secretary of


  20. commerce as the broadband director. The broadband director shall be responsible for connecting


  21. and communicating with the National Telecommunications and Information Administration


  22. (NTIA) and other federal agencies, as appropriate, to access federal funds for broadband


  23. infrastructure deployment pursuant to federal grants, facilitating broadband service adoption,


  24. expanding digital literacy for residents experiencing economic hardship, and for future economic


  25. development. The broadband director shall perform such other duties as assigned by the secretary


  26. of commerce.


  27. 42-162.3 Duties and Powers of the Broadband Director.


  28. (a) Creating or otherwise administering grants, programs, projects, initiatives, or mapping


  29. efforts to further the investment in and development of broadband and digital equity in the State.


  30. Pending availability of funding, these may include: developing a mapping process to review and


  31. verify transmission speeds and broadband availability throughout the State; providing information,


  32. advice, and technical assistance to municipalities, regions, and others to increase broadband


  33. adoption and digital equity; and proposing legislation that supports increased digital equity and


  34. sustainable adoption of broadband.

    1. (b) The executive office of commerce may seek the advice from the broadband advisory


    2. committee in the review of proposals for adoption of technologies required to deploy broadband to


    3. residents, businesses, and municipalities. The executive office of commerce or any state agency or


    4. quasi-public state agency charged with administering such grant and other programs is authorized


    5. to promulgate rules and regulations that set forth the programs’ goals, investment criteria,


    6. principles, and parameters.


    7. (c) The executive office of commerce or any state agency or quasi-public state agency


    8. charged with administering such grant and other programs shall follow applicable federal and state


    9. reporting and transparency requirements for any program established, including the allocation and


    10. utilization of federal dollars.


    11. (d) In consultation with the governor's workforce board, develop a statewide curriculum


    12. for advanced digital skills training to establish a talent pipeline matching job seekers and


    13. historically underrepresented populations and Rhode Island employers.


    14. (e) The office shall include the office of regulatory reform and other administration


    15. functions that promote, enhance, or regulate various service and functions in order to promote the


    16. reform and improvement of the regulatory function of the state.


    17. 42-162-4. Broadband advisory council established.


    18. (a) There is hereby established a broadband advisory council for the purpose of performing


    19. the duties enunciated in § 42-162-5.


    20. (b) The council shall consist of the following nine (9) members:


    21. (1) The broadband director from Commerce Rhode Island, who shall serve as the chair;


    22. (2) Rhode Island emergency management agency director, or designee;


    23. (3) Rhode Island League of Cities and Towns executive director, or designee;


    24. (4) Boys and Girls Club president, or designee appointed by the senate president;


    25. (5) Rhode Island infrastructure bank executive director, or designee;


    26. (6) A Rhode Island Chamber of Commerce, appointed by the speaker of the house;


    27. (7) A telecommunications expert, appointed by the senate president;


    28. (8) A member of the underserved or unserved community appointed by the governor; and


    29. (9) A broadband or technology expert appointed by the speaker of the house.


    30. (c) Members of the council shall serve without compensation.


    31. (d) Vacancies shall be appointed in the same manner as the original appointment.


    32. 34 42-162-5. Duties and powers of broadband advisory council.


    33. The broadband advisory council shall advise the executive office of commerce on


    34. broadband implementation efforts undertaken by the agency including but not limited to the

  1. development of a state strategic plan and broadband-related investment strategies. The broadband


  2. advisory committee shall additionally invite telecommunications/IT experts and broadband


  3. stakeholders to inform the committee. The broadband advisory committee shall provide written


  4. report to the speaker of the house and senate president one month after the close of each quarter


  5. with the status of Rhode Island broadband efforts and the level and type of funding obligation and


  6. expenditure by awardee through any grant program as well as recommendations for accessing


  7. further federal or other funding opportunities for as long as federal or state funding is available for


  8. this work.


  9. 32 42-162-6. Administrative support to broadband advisory council.


  10. The commerce corporation shall be responsible for providing administrative and other


  11. support services to the council.


  12. 42-162-7. Meetings and reporting.


  13. The council shall meet at least quarterly and shall report at least annually on or before


14 December 31 of each year to the general assembly on its findings and recommendations to include,


  1. but not limited to, recommendations for proposed legislation to further the purposes of this chapter.


  2. SECTION 16. Section 44-31.2-5 of the General Laws in Chapter 44-31.2 entitled "Motion


  3. Picture Production Tax Credits" is hereby amended to read as follows:


  4. 44-31.2-5. Motion picture production company tax credit.


  5. (a) A motion picture production company shall be allowed a credit to be computed as


  6. provided in this chapter against a tax imposed by chapters 11, 14, 17, and 30 of this title. The


  7. amount of the credit shall be thirty percent (30%) of the state-certified production costs incurred


  8. directly attributable to activity within the state, provided:


  9. (1) That the primary locations are within the state of Rhode Island and the total production


  10. budget as defined herein is a minimum of one hundred thousand dollars ($100,000); or


  11. (2) The motion picture production incurs and pays a minimum of ten million dollars


  12. ($10,000,000) in state-certified production costs within a twelve-month (12) period.


  13. The credit shall be earned in the taxable year in which production in Rhode Island is


  14. completed, as determined by the film office in final certification pursuant to § 44-31.2-6(c).


  15. (b) For the purposes of this section: "total production budget" means and includes the


  16. motion picture production company's pre-production, production, and post-production costs


  17. incurred for the production activities of the motion picture production company in Rhode Island in


  18. connection with the production of a state-certified production. The budget shall not include costs


  19. associated with the promotion or marketing of the film, video, or television product.


  20. (c) Notwithstanding subsection (a) of this section, the credit shall not exceed seven million

    1. dollars ($7,000,000) and shall be allowed against the tax for the taxable period in which the credit


    2. is earned and can be carried forward for not more than three (3) succeeding tax years. Pursuant to


    3. rules promulgated by the tax administrator, the administrator may issue a waiver of the seven


    4. million dollars ($7,000,000) tax credit cap for any feature-length film or television series up to the


    5. remaining funds available pursuant to section (e) of this section.


    6. (d) Credits allowed to a motion picture production company, which is a subchapter S


    7. corporation, partnership, or a limited-liability company that is taxed as a partnership, shall be


    8. passed through respectively to persons designated as partners, members, or owners on a pro rata


    9. basis or pursuant to an executed agreement among such persons designated as subchapter S


    10. corporation shareholders, partners, or members documenting an alternate distribution method


    11. without regard to their sharing of other tax or economic attributes of such entity.


    12. (e) No more than fifteen million dollars ($15,000,000) in total may be issued for any tax


    13. year beginning after December 31, 2007, for motion picture tax credits pursuant to this chapter


    14. and/or musical and theatrical production tax credits pursuant to chapter 31.3 of this title. After


15 December 31, 2019, no more than twenty million dollars ($20,000,000) in total may be issued for


  1. any tax year for motion picture tax credits pursuant to this chapter and/or musical and theater


  2. production tax credits pursuant to chapter 31.3 of this title. Said credits shall be equally available


  3. to motion picture productions and musical and theatrical productions. No specific amount shall be


  4. set aside for either type of production.


  5. (f) Exclusively for tax year 2022, the total amount of motion picture tax credits issued


  6. pursuant to this section and/or musical and theatrical production tax credits pursuant to chapter 31.3


  7. of this title shall not exceed thirty million dollars ($30,000,000).


  8. (g) Exclusively for tax year 2023 and tax year 2024, the total amount of motion picture tax


  9. credits issued pursuant to this section and/or musical and theatrical production tax credits pursuant


  10. to chapter 31.3 of this title shall not exceed forty million dollars ($40,000,000).


  11. SECTION 17. Section 44-31.3-2 of the General Laws in Chapter 44-31.3 entitled "Musical


  12. and Theatrical Production Tax Credits" is hereby amended to read as follows:


  13. 44-31.3-2. Musical and theatrical production tax credits.


  14. (a) Definitions. As used in this chapter:


  15. (1) "Accredited theater production" means a for-profit live stage presentation in a qualified


  16. production facility, as defined in this chapter that is either: (i) A pre-Broadway production, or (ii)


  17. A post-Broadway production.


  18. (2) "Accredited theater production certificate" means a certificate issued by the film office


  19. certifying that the production is an accredited theater production that meets the guidelines of this

  1. chapter.


  2. (3) "Advertising and public relations expenditure" means costs incurred within the state by


  3. the accredited theater productions for goods or services related to the national marketing, public


  4. relations, creation and placement of print, electronic, television, billboards and other forms of


  5. advertising to promote the accredited theater production.


  6. (4) "Payroll" means all salaries, wages, fees, and other compensation including related


  7. benefits for services performed and costs incurred within Rhode Island.


  8. (5) "Pre-Broadway production" means a live stage production that, in its original or


  9. adaptive version, is performed in a qualified production facility having a presentation scheduled


  10. for Broadway's theater district in New York City within (12) thirty-six (36) months after its Rhode


  11. Island presentation.


  12. (6) "Post-Broadway production" means a live stage production that, in its original or


  13. adaptive version, is performed in a qualified production facility and opens its U.S. tour in Rhode


  14. Island after a presentation scheduled for Broadway's theater district in New York City.


  15. (7) "Production and performance expenditures" means a contemporaneous exchange of


  16. cash or cash equivalent for goods or services related to development, production, performance, or


  17. operating expenditures incurred in this state for a qualified theater production including, but not


  18. limited to, expenditures for design, construction and operation, including sets, special and visual


  19. effects, costumes, wardrobes, make-up, accessories; costs associated with sound, lighting, staging,


  20. payroll, transportation expenditures, advertising and public relations expenditures, facility


  21. expenses, rentals, per diems, accommodations and other related costs.


  22. (8) "Qualified production facility" means a facility located in the state of Rhode Island in


  23. which live theatrical productions are, or are intended to be, exclusively presented that contains at


  24. least one stage, a seating capacity of one thousand (1,000) or more seats, and dressing rooms,


  25. storage areas, and other ancillary amenities necessary for the accredited theater production.


  26. (9) "Resident" or "Rhode Island resident" means, for the purpose of determination of


  27. eligibility for the tax incentives provided by this chapter, an individual who is domiciled in the state


  28. of Rhode Island or who is not domiciled in this state but maintains a permanent place of abode in


  29. this state and is in this state for an aggregate of more than one hundred eighty-three (183) days of


  30. the taxable year, unless the individual is in the armed forces of the United States.


  31. (10) "Rhode Island film and television office" means the office within the department of


  32. administration that has been established in order to promote and encourage the locating of film and


  33. television productions within the state of Rhode Island. The office is also referred to as the "film


  34. office."

  1. (11)(i) "Transportation expenditures" means expenditures for the packaging, crating, and


  2. transportation both to the state for use in a qualified theater production of sets, costumes, or other


  3. tangible property constructed or manufactured out of state, and/or from the state after use in a


  4. qualified theater production of sets, costumes, or other tangible property constructed or


  5. manufactured in this state and the transportation of the cast and crew to and from the state. Such


  6. term shall include the packaging, crating, and transporting of property and equipment used for


  7. special and visual effects, sound, lighting and staging, costumes, wardrobes, make-up, and related


  8. accessories and materials, as well as any other performance or production-related property and


  9. equipment.


  10. (ii) Transportation expenditures shall not include any costs to transport property and


  11. equipment to be used only for filming and not in a qualified theater production, any indirect costs,


  12. and expenditures that are later reimbursed by a third party; or any amounts that are paid to persons


  13. or entities as a result of their participation in profits from the exploitation of the production.


  14. (b) Tax credit.


  15. (1) Any person, firm, partnership, trust, estate, or other entity that receives an accredited


  16. theater production certificate shall be allowed a tax credit equal to thirty percent (30%) of the total


  17. production and performance expenditures and transportation expenditures for the accredited theater


  18. production and to be computed as provided in this chapter against a tax imposed by chapters 11,


  19. 12, 13, 14, 17, and 30 of this title. Said credit shall not exceed five million dollars ($5,000,000) and


  20. shall be limited to certified production costs directly attributable to activities in the state and


  21. transportation expenditures defined above. The total production budget shall be a minimum of one


  22. hundred thousand dollars ($100,000).


  23. (2) No more than fifteen million dollars ($15,000,000) in total may be issued for any tax


  24. year for motion picture tax credits pursuant to chapter 31.2 of this title and/or musical and theatrical


  25. production tax credits pursuant to this chapter. Said credits shall be equally available to motion


  26. picture productions and musical and theatrical productions. No specific amount shall be set aside


  27. for either type of production.


  28. (3) The tax credit shall be allowed against the tax for the taxable period in which the credit


  29. is earned and can be carried forward for not more than three (3) succeeding tax years.


  30. (4) Credits allowed to a company that is a subchapter S corporation, partnership, or a


  31. limited-liability company that is taxed as a partnership, shall be passed through respectively to


  32. persons designated as partners, members, or owners on a pro rata basis or pursuant to an executed


  33. agreement among such persons designated as subchapter S corporation shareholders, partners, or


  34. members documenting an alternate distribution method without regard to their sharing of other tax

  1. or economic attributes of such entity.


  2. (5) If the company has not claimed the tax credits in whole or part, taxpayers eligible for


  3. the tax credits may assign, transfer, or convey the tax credits, in whole or in part, by sale or


  4. otherwise, to any individual or entity and the assignee of the tax credits that has not claimed the tax


  5. credits in whole or part may assign, transfer, or convey the tax credits, in whole or in part, by sale


  6. or otherwise, to any individual or entity. The assignee of the tax credits may use acquired credits


  7. to offset up to one hundred percent (100%) of the tax liabilities otherwise imposed pursuant to


  8. chapter 11, 12, 13 (other than the tax imposed under § 44-13-13), 14, 17, or 30 of this title. The


  9. assignee may apply the tax credit against taxes imposed on the assignee for not more than three (3)


  10. succeeding tax years. The assignor shall perfect the transfer by notifying the state of Rhode Island


  11. division of taxation, in writing, within thirty (30) calendar days following the effective date of the


  12. transfer and shall provide any information as may be required by the division of taxation to


  13. administer and carry out the provisions of this section.


  14. (6) For purposes of this chapter, any assignment or sales proceeds received by the assignor


  15. for its assignment or sale of the tax credits allowed pursuant to this section shall be exempt from


  16. this title.


  17. (7) In the case of a corporation, this credit is only allowed against the tax of a corporation


  18. included in a consolidated return that qualifies for the credit and not against the tax of other


  19. corporations that may join in the filing of a consolidated tax return.


  20. (c) Certification and administration.


  21. (1) The applicant shall properly prepare, sign, and submit to the film office an application


  22. for initial certification of the theater production. The application shall include the information and


  23. data as the film office deems reasonably necessary for the proper evaluation and administration of


  24. the application, including, but not limited to, any information about the theater production company


  25. and a specific Rhode Island live theater or musical production. The film office shall review the


  26. completed application and determine whether it meets the requisite criteria and qualifications for


  27. the initial certification for the production. If the initial certification is granted, the film office shall


  28. issue a notice of initial certification of the accredited theater production to the theater production


  29. company and to the tax administrator. The notice shall state that, after appropriate review, the initial


  30. application meets the appropriate criteria for conditional eligibility. The notice of initial


  31. certification will provide a unique identification number for the production and is only a statement


  32. of conditional eligibility for the production and, as such, does not grant or convey any Rhode Island


  33. tax benefits.


  34. (2) Upon completion of an accredited theater production, the applicant shall properly

    1. prepare, sign, and submit to the film office an application for final certification of the accredited


    2. theater production. The final application shall also contain a cost report and an "accountant's


    3. certification." The film office and tax administrator may rely without independent investigation,


    4. upon the accountant's certification, in the form of an opinion, confirming the accuracy of the


    5. information included in the cost report. Upon review of a duly completed and filed application and


    6. upon no later than thirty (30) days of submission thereof, the division of taxation will make a


    7. determination pertaining to the final certification of the accredited theater production and the


    8. resultant tax credits.


    9. (3) Upon determination that the company qualifies for final certification and the resultant


    10. tax credits, the tax administrator of the division of taxation shall issue to the company: (i) An


    11. accredited theater production certificate; and (ii) A tax credit certificate in an amount in accordance


    12. with subsection (b) of this section. A musical and theatrical production company is prohibited from


    13. using state funds, state loans, or state guaranteed loans to qualify for the motion picture tax credit.


    14. All documents that are issued by the film office pursuant to this section shall reference the


    15. identification number that was issued to the production as part of its initial certification.


    16. (4) The director of the department of administration, in consultation as needed with the tax


    17. administrator, shall promulgate rules and regulations as are necessary to carry out the intent and


    18. purposes of this chapter in accordance with the general guidelines provided herein for the


    19. certification of the production and the resultant production credit.


    20. (5) If information comes to the attention of the film office that is materially inconsistent


    21. with representations made in an application, the film office may deny the requested certification.


    22. In the event that tax credits or a portion of tax credits are subject to recapture for ineligible costs


    23. and the tax credits have been transferred, assigned, and/or allocated, the state will pursue its


    24. recapture remedies and rights against the applicant of the theater production tax credits. No redress


    25. shall be sought against assignees, sellers, transferees, or allocates of the credits.


    26. (d) Information requests.


    27. (1) The director of the film office, and his or her agents, for the purpose of ascertaining the


    28. correctness of any credit claimed under the provisions of this chapter, may examine any books,


    29. paper, records, or memoranda bearing upon the matters required to be included in the return, report,


    30. or other statement, and may require the attendance of the person executing the return, report, or


    31. other statement, or of any officer or employee of any taxpayer, or the attendance of any other


    32. person, and may examine the person under oath respecting any matter that the director, or his or


    33. her agent, deems pertinent or material in administration and application of this chapter and where


    34. not inconsistent with other legal provisions, the director may request information from the tax

  1. administrator.


  2. (2) The tax administrator, and his or her agents, for the purpose of ascertaining the


  3. correctness of any credit claimed under the provisions of this chapter, may examine any books,


  4. paper, records, or memoranda bearing upon the matters required to be included in the return, report,


  5. or other statement, and may require the attendance of the person executing the return, report, or


  6. other statement, or of any officer or employee of any taxpayer, or the attendance of any other


  7. person, and may examine the person under oath respecting any matter the tax administrator or his


  8. or her agent deems pertinent or material in determining the eligibility for credits claimed and may


  9. request information from the film office, and the film office shall provide the information in all


  10. cases to the tax administrator.


  11. (e) The film office shall comply with the impact analysis and periodic reporting provisions


12 of § 44-31.2-6.1.


  1. SECTION 18. Section 44-33.6-11 of the General Laws in Chapter 44-33.6 entitled


  2. "Historic Preservation Tax Credits 2013" is hereby amended to read as follows:


15 44-33.6-11. Sunset.


  1. No credits shall be authorized to be reserved pursuant to this chapter on or after June 30,


  2. 2022 2023, or upon the exhaustion of the maximum aggregate credits, whichever comes first.


  3. SECTION 19. 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:


20 44-48.3-14. Sunset.


21 No credits shall be authorized to be reserved pursuant to this chapter after December 31,


22 2022 2023.


23 SECTION 20. This Article shall take effect upon passage.

=======

art.010/9/010/8/010/7/010/6/010/5/010/4/010/3/010/2/010/1

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  1. ARTICLE 10 AS AMENDED


  2. RELATING TO EDUCATION



  3. SECTION 1. Sections 16-7-16, 16-7-20 and 16-7-40 of the General Laws in Chapter 16-7


  4. entitled “Foundation Level School Support” are hereby amended to read as follows:


  5. 16-7-16. Definitions.


  6. The following words and phrases used in §§ 16-7-15 to 16-7-34 have the following


  7. meanings:


  8. (1) "Adjusted equalized weighted assessed valuation" means the equalized weighted


  9. assessed valuation of a community as determined by the department of revenue or as apportioned


  10. by the commissioner pursuant to the provisions of § 16-7-21.


  11. (2)(i) "Average daily membership" means the average number of pupils in a community


  12. during a school year as determined pursuant to the provisions of § 16-7-22, less any students who


  13. are served in a program operated by the state and funded through the permanent foundation


  14. education aid formula pursuant to chapter 7.2 of this title.


  15. (ii) For FY 2022, "average daily membership" means the greater of the average number of


  16. pupils in a community during a school year as determined pursuant to the provisions of § 16-7-22


  17. in March 2020 or March 2021, less any students who are served in a program operated by the state


  18. and funded through the permanent foundation education aid formula pursuant to chapter 7.2 of this


  19. title. State aid to charter public schools, Davies, and the Met Center shall be determined based on


  20. the districts of residence in whichever year had the greater total average daily membership.


  21. (A) For the purposes of determining the number of students in poverty, the department


  22. shall divide the average daily membership of students reported as living in poverty in each district


  23. of residence by the total average daily membership of students enrolled in the district of residence


  24. in both March 2020 and March 2021. The greater percentage shall be applied to the average daily


  25. membership used in the calculation of foundation education aid. For charter public schools, Davies,


  26. and the Met Center, the average daily membership of students reported as living in poverty shall


  27. be consistent with March 2020 or March 2021, whichever year had the greater total average daily


  28. membership.


  29. (B) If the average daily membership in March 2020 is greater for any given community


  30. than in March 2021, the number of pupils shall be reduced by the number of students attending new

  1. or expanding charter schools in FY 2022.


  2. (iii) For FY 2023, "average daily membership" means the greater of the average number


  3. of pupils in a community during a school year as determined pursuant to the provisions of § 16-7-


  4. 22 in March 2020, March 2021 or March 2022, less any students who are served in a program


  5. operated by the state and funded through the permanent foundation education aid formula pursuant


  6. to chapter 7.2 of this title. State aid to charter public schools, Davies, and the Met Center shall be


  7. determined based on the districts of residence in whichever year had the greater total average daily


  8. membership.


  9. (A) For the purposes of determining the number of students in poverty, the department


  10. shall divide the average daily membership of students reported as living in poverty in each district


  11. of residence by the total average daily membership of students enrolled in the district of residence


  12. in March 2020, March 2021 and March 2022. The greater percentage shall be applied to the average


  13. daily membership used in the calculation of foundation education aid. For charter public schools,


  14. Davies, and the Met Center, the average daily membership of students reported as living in poverty


  15. shall be consistent with March 2020, March 2021 or March 2022, whichever year had the greater


  16. total average daily membership.


  17. (B) If the average daily membership in March 2020 is greater for any given community


  18. than in March 2021 and March 2022, the number of pupils shall be reduced by the number of


  19. students attending new or expanding charter schools in FY 2022 and FY 2023.


  20. (C) If the average daily membership in March 2021 is greater for any given community


  21. than in March 2022, the number of pupils shall be reduced by the number of students attending new


  22. or expanding charter schools in FY 2023.


  23. (iv) Notwithstanding subsection (2)(iii) above, for FY 2023 only, for any local education


  24. agency in which the calculation of aid under subsection (2)(i) of this section and § 16-7-20(a) would


  25. be greater than the calculation of aid under subsection (2)(iii) of this section, such local education


  26. agency shall receive an additional appropriation equivalent to twenty percent (20%) of the


  27. difference in aid that would have been received under subsection (2)(i) of this section. The


  28. additional appropriation shall be as follows:


  29. Barrington -$302,169


  30. East Greenwich - $148,478


31 Exeter - $106,335


  1. North Smithfield - $30,508


  2. Richmond - $502


  3. Smithfield - $75,374

  1. Beacon Charter School -$22,731


  2. Blackstone Academy - $11,212


  3. Village Green Charter School - $1,073


  4. Davies Career and Technical School - $2,808


  5. (3) "Basic education program" means the cost of education of resident pupils in grades


  6. twelve (12) and below in average daily membership for the reference year as determined by the


  7. mandated minimum program level.


  8. (4) "Certified personnel" means all persons who are required to hold certificates issued by


  9. or under the authority of the council on elementary and secondary education.


  10. (5) "Community" means any city, town, or regional school district established pursuant to


  11. law and/or the department of children, youth and families; provided, however, that the department


  12. of children, youth and families shall not have those administrative responsibilities and obligations


  13. as set forth in chapter 2 of this title; provided, however, that the member towns of the Chariho


  14. regional high school district, created by P.L. 1958, ch. 55 as amended, shall constitute separate and


  15. individual communities for the purpose of determining and distributing the foundation level school


  16. support including state aid for noncapital excess expenses for the special education of children with


  17. disabilities provided for in § 16-24-6 for all grades financed in whole or in part by the towns


  18. irrespective of any regionalization and any school operated by the state department of elementary


  19. and secondary education.


  20. (6) "Department of children, youth and families" means that department created pursuant


  21. to chapter 72 of title 42. For purposes of this section, §§ 16-7-20, 16-24-2, and 42-72-5(b)(22),


  22. "children" means those children who are placed, assigned, or otherwise accommodated for


  23. residence by the department of children, youth and families in a state operated or supported


  24. community residence licensed by a state agency and the residence operates an educational program


  25. approved by the department of elementary and secondary education.


  26. (7) "Equalized weighted assessed valuation" means the equalized weighted assessed


  27. valuation for a community as determined by the division of property valuation pursuant to the


  28. provisions of § 16-7-21.


  29. (8) "Full time equivalency students" means the time spent in a particular activity divided


  30. by the amount of time in a normal school day.


  31. (9) "Incentive entitlement" means the sum payable to a local school district under the


  32. formula used.


  33. (10) "Mandated minimum program level" means the amount that shall be spent by a


  34. community for every pupil in average daily membership as determined pursuant to the provisions

    1 of § 16-7-18.


    1. (11) "Reference year" means the next year prior to the school year immediately preceding


    2. that in which the aid is to be paid. For the purposes of calculating the permanent foundation


    3. education formula aid as described in § 16-7.2-3, the reference date shall be one year prior to the


    4. year in which aid is paid.


    5. (12) "Regularly employed" and "service" as applied to certified personnel have the same


    6. meaning as defined in chapter 16 of this title.


    7. 16-7-20. Determination of state's share.


    8. (a) For each community the state's share shall be computed as follows: Let


    9. R=state share ratio for the community.


    10. v=adjusted equalized weighted assessed valuation for the community, as defined in § 16-


12 7-21(3).


  1. V=sum of the values of v for all communities.


  2. m=average daily membership of pupils in the community as defined in § 16-7-22(3).


  3. M=total average daily membership of pupils in the state.


  4. E=approved reimbursable expenditures for the community for the reference year minus the


  5. excess costs of special education, tuitions, federal and state receipts, and other income.


  6. Then the state share entitlement for the community shall be RE where


  7. R = 1 0.5vM/(Vm) through June 30, 2011, and R = 1 0.475 vM/(Vm) beginning on


20 July 1, 2011 and thereafter. Except that in no case shall R be less than zero percent (0%).


  1. (b) Whenever any funds are appropriated for educational purposes, the funds shall be used


  2. for educational purposes only and all state funds appropriated for educational purposes must be


  3. used to supplement any and all money allocated by a city or town for educational purposes and in


  4. no event shall state funds be used to supplant, directly or indirectly, any money allocated by a city


  5. or town for educational purposes. The courts of this state shall enforce this section by writ of


  6. mandamus.


  7. (c) Notwithstanding the calculations in subsection (a), the hospital school at the Hasbro


  8. Children's Hospital shall be reimbursed one hundred percent (100%) of all expenditures approved


  9. by the council on elementary and secondary education in accordance with currently existing rules


  10. and regulations for administering state aid, and subject to annual appropriations by the general


  11. assembly including, but not limited to, expenditures for educational personnel, supplies, and


  12. materials in the prior fiscal year.


  13. (d) In the event the computation of the state's share for any local education agency as


  14. outlined in subsection (a) is determined to have been calculated incorrectly after the state budget

  1. for that fiscal year has been enacted, the commissioner of elementary and secondary education shall


  2. notify affected local education agencies, the senate president, and the speaker of the house within


  3. fifteen (15) days of the determination.


  4. (e) Realignment of aid payments to the affected local education agencies pursuant to


  5. subsection (d) shall occur in the following fiscal year:


  6. (1) If the determination shows aid is underpaid to the local education agency, any amounts


  7. owed shall be paid in equal monthly installments.


  8. (2) If the determination shows aid was overpaid, the department of elementary and


  9. secondary education shall recapture some amount of the aid from the overpaid local education


  10. agency. The amount to be withheld shall be equal to the amount of the overpayment prorated to the


  11. number of full months remaining in the fiscal year when the notification required in subsection (d)


  12. was made.


  13. (f) The above notwithstanding, in no event shall the total paid to a local education agency


  14. in the 2023 fiscal year pursuant to subsection (a), above, be reduced as a result of the


  15. implementation of subsection (e), above; provided, however, that for the 2022 fiscal year, the full


  16. amount of any payment due to an underpayment and realignment under subsection (e)(1), above,


  17. shall be made for fiscal year 2022.


  18. (g) Data used for the calculation of the FY 2022 state share ratio shall also be used for the


  19. calculation of the FY 2023 state share ratio.


  20. 16-7-40. Increased school housing ratio.


  21. (a)(1) In the case of regional school districts, the school housing aid ratio shall be increased


  22. by two percent (2%) for each grade so consolidated.


  23. (2) Regional school districts undertaking renovation project(s) shall receive an increased


  24. share ratio of four percent (4%) for those specific project(s) only, in addition to the combined share


  25. ratio calculated in § 16-7-39 and this subsection.


  26. (b) In the case of projects undertaken by districts specifically for the purposes of school


  27. safety and security, the school housing aid share ratio shall be increased by five percent (5%) for


  28. these specific projects only, in the calculation of school housing aid. The increased share ratio shall


  29. continue to be applied for as long as the project(s) receives state housing aid. In order to qualify for


  30. the increased share ratio, seventy-five percent (75%) of the project costs must be specifically


  31. directed to school safety and security measures. The council on elementary and secondary


  32. education shall promulgate rules and regulations for the administration and operation of this


  33. section.


  34. (c) For purposes of addressing health and safety deficiencies as defined by the school

    1. building authority, including the remediation of hazardous materials, the school housing aid ratio


    2. shall be increased by five percent (5%) so long as the construction of the project commences by


3 December 30, 2022 2023, is completed by December 30, 2027 2028, and a two hundred fifty


  1. million dollar ($250,000,000) general obligation bond is approved on the November 2018 ballot.


  2. In order to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a


  3. minimum of five hundred thousand dollars ($500,000) must be specifically directed to this purpose.


  4. (d) For purposes of educational enhancement, including projects devoted to the


  5. enhancement of early childhood education and career and technical education, the school housing


  6. aid ratio shall be increased by five percent (5%) so long as construction of the project commences


  7. by December 30, 2022 2023, is completed by December 30, 2027 2028, and a two hundred fifty


  8. million dollar ($250,000,000) general obligation bond is approved on the November 2018 ballot.


  9. In order to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a


  10. minimum of five hundred thousand dollars ($500,000) must be specifically directed to these


  11. purposes.


  12. (e) For replacement of a facility that has a facilities condition index of sixty-five percent


  13. (65%) or higher, the school housing ratio shall be increased by five percent (5%) so long as


  14. construction of the project commences by December 30, 2023, is completed by December 30, 2028,


  15. does not receive a bonus pursuant to subsection (f) or subsection (g), and a two hundred fifty million


  16. dollar ($250,000,000) general obligation bond is approved on the November 2018 ballot. In order


  17. to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a minimum


  18. of five hundred thousand dollars ($500,000) must be specifically directed to this purpose.


  19. (f) For any new construction or renovation that increases the functional utilization of any


  20. facility from less than sixty percent (60%) to more than eighty percent (80%), including the


  21. consolidation of school buildings within or across districts, the school housing aid ratio shall be


  22. increased by five percent (5%) so long as construction of the project commences by December 30,


  23. 2023, is completed by December 30, 2028, and a two hundred fifty million dollar ($250,000,000)


  24. general obligation bond is approved on the November 2018 ballot. In order to qualify for the


  25. increased share ratio, twenty-five percent (25%) of the project costs or a minimum of five hundred


  26. thousand dollars ($500,000) must be specifically directed to this purpose.


  27. (g) For any new construction or renovation that decreases the functional utilization of any


  28. facility from more than one hundred twenty percent (120%) to between eighty-five percent (85%)


  29. to one hundred five percent (105%), the school housing ratio shall be increased by five percent


  30. (5%) so long as construction of the project commences by December 30, 2023, is completed by


  31. December 30, 2028, and a two hundred fifty million dollar ($250,000,000) general obligation bond

  1. is approved on the November 2018 ballot. In order to qualify for the increased share ratio, twenty-


  2. five percent (25%) of the project costs or a minimum of five hundred thousand dollars ($500,000)


  3. must be specifically directed to this purpose.


  4. (h) For consolidation of two (2) or more school buildings, within or across districts into


  5. one school building, the school housing aid ratio shall be increased by five percent (5%) so long as


  6. construction of the project commences by December 30, 2023, is completed by December 30, 2028,


  7. a two hundred fifty million dollar ($250,000,000) general obligation bond is approved on the


8 November 2018 ballot, and does not receive a bonus pursuant to subsection (f) or subsection (g).


  1. In order to qualify for the increased share ratio, twenty-five percent (25%) of the project costs or a


  2. minimum of five hundred thousand dollars ($500,000) must be specifically directed to this purpose.


  3. (i) Any regionalized and/or non-regionalized school district receiving an increased share


  4. ratio for a project approved prior to July 1, 2018, shall continue to receive the increased share ratio


  5. for as long as the project receives state housing aid.


  6. SECTION 2. Section 16-7.2-3 of the General Laws in Chapter 16-7.2 entitled "The


  7. Education Equity and Property Tax Relief Act" is hereby amended to read as follows:


  8. 16-7.2-3. Permanent foundation education aid established.


  9. (a) Beginning in the 2012 fiscal year, the following foundation education-aid formula shall


  10. take effect. The foundation education aid for each district shall be the sum of the core instruction


  11. amount in subdivision (a)(1) and the amount to support high-need students in subdivision (a)(2),


  12. which shall be multiplied by the district state-share ratio calculated pursuant to § 16-7.2-4 to


  13. determine the foundation aid.


  14. (1) The core-instruction amount shall be an amount equal to a statewide, per-pupil core-


  15. instruction amount as established by the department of elementary and secondary education,


  16. derived from the average of northeast regional expenditure data for the states of Rhode Island,


  17. Massachusetts, Connecticut, and New Hampshire from the National Center for Education Statistics


  18. (NCES) that will adequately fund the student instructional needs as described in the basic education


  19. program and multiplied by the district average daily membership as defined in § 16-7-22.


  20. Expenditure data in the following categories: instruction and support services for students,


  21. instruction, general administration, school administration, and other support services from the


  22. National Public Education Financial Survey, as published by NCES, and enrollment data from the


  23. Common Core of Data, also published by NCES, will be used when determining the core-


  24. instruction amount. The core-instruction amount will be updated annually. For the purpose of


  25. calculating this formula, school districts' resident average daily membership shall exclude charter


  26. school and state-operated school students.

  1. (2) The amount to support high-need students beyond the core-instruction amount shall be


  2. determined by multiplying a student success factor of forty percent (40%) by the core instruction


  3. per-pupil amount described in subdivision (a)(1) and applying that amount for each resident child


  4. whose family income is at or below one hundred eighty-five percent (185%) of federal poverty


  5. guidelines, hereinafter referred to as "poverty status." By October 1, 2022, as part of its budget


  6. submission pursuant to § 35-3-4 relative to state fiscal year 2024 and thereafter, the department of


  7. elementary and secondary education shall develop and utilize a poverty measure that in the


  8. department's assessment most accurately serves as a proxy for the poverty status referenced in this


  9. subsection and does not rely on the administration of school nutrition programs. The department


  10. shall utilize this measure in calculations pursuant to this subsection related to the application of the


  11. student success factor, in calculations pursuant to § 16-7.2-4 related to the calculation of the state


  12. share ratio, and in the formulation of estimates pursuant to subsection (b) below. The department


13 may also include any recommendations which seek to mitigate any disruptions associated with the


  1. implementation of this new poverty measure or improve the accuracy of its calculation.


  2. (b) The department of elementary and secondary education shall provide an estimate of the


  3. foundation education aid cost as part of its budget submission pursuant to § 35-3-4. The estimate


  4. shall include the most recent data available as well as an adjustment for average daily membership


  5. growth or decline based on the prior year experience.


  6. (c) In addition, the department shall report updated figures based on the average daily


  7. membership as of October 1 by December 1.


  8. (d) Local education agencies may set aside a portion of funds received under subsection


  9. (a) to expand learning opportunities such as after school and summer programs, full-day


  10. kindergarten and/or multiple pathway programs, provided that the basic education program and all


  11. other approved programs required in law are funded.


  12. (e) The department of elementary and secondary education shall promulgate such


  13. regulations as are necessary to implement fully the purposes of this chapter.


  14. SECTION 3. Section 16-87-4 of the General Laws in Chapter 16-87 entitled "Rhode Island


  15. Prekindergarten Education Act" is hereby amended to read as follows:


  16. 16-87-4. Early childhood workforce development.


  17. (a) The Rhode Island department of elementary and secondary education shall work with


  18. other state departments and private philanthropy to establish a statewide, comprehensive, research-


  19. based early childhood workforce development scholarship program to expand the numbers of early


  20. childhood educators who have an associate's or bachelor's degree in early childhood education and


  21. who work with children from birth to age five (5).

    1. (b)(1) In furtherance of the goals set forth in this chapter, no later than January 1, 2023, the


    2. governor’s workforce board shall convene a working group comprised of representatives from the


    3. department of elementary and secondary education, department of human services, office of the


    4. postsecondary commissioner, the RI early learning council, organized labor and early childhood


    5. education industry employers, whose purpose shall be to identify barriers to entry into the early


    6. childhood education workforce, and to design accessible and accelerated pathways into the


    7. workforce, including, but not limited to, registered apprenticeships and postsecondary credit for


    8. prior work experience.


    9. (2) No later than April 1, 2023, the working group shall provide the general assembly with


    10. recommendations for addressing the barriers to workforce entry and implementing the solutions


    11. identified by the working group; the recommendations shall outline any administrative and


    12. legislative action that would be required by participating agencies to implement the


    13. recommendations.


    14. SECTION 4. Chapter 16-87 of the General Laws entitled "Rhode Island Prekindergarten


    15. Education Act" is hereby amended by adding thereto the following sections:


    16. 16-87-6. Planning for prekindergarten expansion.


    17. On or before December 31, 2022, the department of elementary and secondary education,


    18. in collaboration with the department of human services and the children’s cabinet, as established


    19. in § 45-72.5, shall submit to the governor, speaker of the house, president of the senate, and chairs


    20. of house and senate finance and education committees, an annual growth plan to expand the state


    21. prekindergarten program to five thousand (5,000) seats, for three- and four-year-old children, over


    22. five (5) years, beginning in FY 2024, as well as recommendations for achieving universal


    23. prekindergarten in the state. The growth plan shall detail annual targets and projected funding


    24. needs, as well as how the state will:


    25. (a) Equitably distribute prekindergarten funding to eligible providers;


    26. (b) Ensure that access to infant and toddler care is not at risk as the state prekindergarten


    27. program is expanded;


    28. (c) Prepare, recruit and retain a highly-qualified early childhood workforce, including


    29. adequate wages for early childhood educators, regardless of setting;


    30. (d) Build capacity among new and existing providers to ensure quality standards are met


    31. in all settings; and,


    32. (e) Ensure providers in the mixed-delivery system have sufficient facilities to expand


    33. access to high-quality prekindergarten services.


    34. 16-87-7. Pre-kindergarten facilities.

  1. (a) No later than December 31, 2022, the department of human services shall provide the


  2. speaker of the house and president of the senate with a report on the status of disbursement and


  3. impact of capital funds made available by the early learning facilities general obligation bond


  4. approved on March 2, 2021.


  5. (b) The departments of elementary and secondary education and human services may also


  6. provide recommendations for programs and initiatives to ensure that early childhood education


  7. providers utilize facilities that meet licensing and facilities standards, in order to increase access to


  8. high-quality prekindergarten learning environments. Programs and initiatives may include, but


  9. shall not be limited to:


  10. (1) Grant programs for facility planning and/or emergency facility maintenance;


  11. (2) Establishing strategic partnerships between local education agencies and community-


  12. based early learning providers to make use of available space in existing facilities; and/or


  13. (3) Technical assistance for providers to access capital, navigate licensing standards for


  14. facilities, and/or begin the facility improvement and development processes.


  15. SECTION 5. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by


  16. adding thereto the following chapter:


  17. CHAPTER 87.1


  18. EARLY CHILDHOOD GOVERNANCE WORKING GROUP


  19. 16-87.1-1. Early childhood governance working group.


  20. (a) There shall be created an early childhood governance working group (“the working


  21. group”) consisting of:


  22. (1) The director of the department of human services, or designee;


  23. (2) The commissioner of the department of education, or designee;


  24. (3) The commissioner of postsecondary education, or designee;


  25. (4) The director of the department of health, or designee;


  26. (5) The director of the department of administration, or designee;


  27. (6) Chair of the children’s cabinet, who shall be responsible for convening the working


  28. group; and


  29. (7) The executive director of RI Kids Count, or designee.


  30. (b) The working group shall convene any necessary subgroups of working group members


  31. and other stakeholders to inform and complete the early childhood governance recommendations


  32. required under this section.


  33. (c) On or before October 1, 2023, the working group shall submit a report to the governor,


  34. speaker of the house, president of the senate, and chairs of house and senate finance and education

  1. committees, that shall include recommendations regarding the governance of early childhood


  2. programs in the state. The recommendations shall address, but need not be limited to:


  3. (1) The coordination and administration of early childhood programs and services;


  4. (2) The governance and organizational structure of early childhood programs and services,


  5. including whether, and under what circumstances, the state should consider unifying early


  6. childhood programs under one state agency;


  7. (3) The fiscal structure of proposed recommendations; and


  8. (4) The implementation of early childhood data systems, for strategic planning, program


  9. implementation and program evaluation.


  10. (d) Staff of the children’s cabinet shall provide assistance in completing the duties of the


  11. working group identified in this section.


  12. (e) The RI early learning council shall serve as an advisory body to the working group.


  13. SECTION 6. Section 16-107-5 of the General Laws in Chapter 16-107 entitled "Rhode


  14. Island Promise Scholarship" is hereby amended to read as follows:


  15. 16-107-5. Administration of scholarship program.


  16. (a) The financial aid office, in conjunction with the office of enrollment management or


  17. their respective equivalent offices, at the community college of Rhode Island, shall administer the


  18. scholarship program for state residents seeking associate degrees who meet the eligibility


  19. requirements in this chapter.


  20. (b) An award of the scholarship program shall cover the cost of two (2) years of tuition and


  21. mandatory fees, less federal and all other financial aid monies available to the recipient student. No


  22. grant received by students from the College Crusade Scholarship Act as established in chapter 70


  23. of title 16 shall be considered federal or financial aid for the purposes of this chapter.


  24. (c) The scholarship program is limited to one award per student as required by § 16-107-


25 6(a)(7).


26 SECTION 7. This Article shall take effect upon passage.


  1. ARTICLE 11

    =======

    art.011/6/011/5/011/4

    =======


  2. RELATING TO COURTS AND STATE HOSPITALS



  3. SECTION 1. Section 8-8-1 of the General Laws in Chapter 8-8 entitled "District Court" is


  4. hereby amended to read as follows:


  5. 8-8-1. District Court established -- Chief and associate justices.


  6. There is established a district court for the state of Rhode Island which shall consist of a


  7. chief judge and thirteen (13) fourteen (14) associate judges. The district court shall be a court of


  8. record and shall have a seal with such words and devices as it shall adopt.


  9. SECTION 2. Chapter 8-8 of the General Laws entitled "District Court" is hereby amended


  10. by adding thereto the following section:


  11. 8-8-1.2. Mental health treatment calendar.


  12. (a) Findings and declarations. The general assembly finds and declares as follows:


  13. (1) Mental illness is a prevalent and persistent issue in Rhode Island within the criminal


  14. population in general and the incarcerated population in particular. Approximately one-fifth (1/5)


  15. of all inmates at the adult correctional institutions have a diagnosed mental illness, while nearly


  16. eighty percent (80%) have a history of substance abuse. Many suffer from both maladies.


  17. (2) Mental illness can often go unrecognized and untreated, leaving some individuals to


  18. suffer and spiral downward until they are caught in the criminal justice system. These individuals


  19. often become trapped in a cycle of repeated prosecution and incarceration.


  20. (3) Individuals with mental illness who are charged with crimes can benefit from


  21. alternatives to incarceration when feasible, and when permitted to obtain proper treatment for


  22. persistent mental health and substance abuse disorders through a jail diversion treatment program


  23. that recognizes their special set of circumstances while at the same time providing accountability


  24. for their wrong-doing and providing for the safety of the public.


  25. (b) The district court shall create a voluntary mental health treatment calendar to better


  26. address individuals who suffer from mental illness and are charged with a misdemeanor. The


  27. district court will provide the tools and skills necessary to address these individuals’ unique


  28. challenges thus helping them develop the insight needed to reintegrate successfully into society and


  29. maintain a productive and law-abiding lifestyle within the community.


  30. (c) There shall be established, funded and staffed a mental health alternative sentencing

    1. and treatment calendar within the jurisdiction of the district court for hearing, addressing and


    2. disposing of certain misdemeanor offenses in an effort to direct eligible defendants into a court


    3. program that integrates support and treatment plans with the judicial process, potentially resulting


    4. in alternatives to traditional prosecution, sentencing and incarceration; reducing the risk of


    5. recidivism; realizing cost savings for the state and increasing public safety. Successful completion


6 may result in a full dismissal of charges or in reduced charges and alternative sentencing. The


  1. mental health treatment calendar shall be overseen by a district court judge to be appointed pursuant


  2. to chapter 16.1 of title 8, subject to an appropriation made by the general assembly.


  3. (d) The chief judge of the district court shall create a mental health treatment calendar in


  4. the district court and shall assign a district court judge and associated personnel to the extent


  5. necessary to hear and decide all criminal actions involving offenses committed by defendants


  6. accepted into the program. [The calendar shall be called the mental health treatment calendar.]


  7. (e) An eligible defendant is any person who stands charged in a district court complaint


  8. with one or more misdemeanors, and:


  9. (1) Suffers from a mental, behavioral or emotional disorder resulting in serious functional


  10. impairment which substantially interferes with or limits one or more major life activities; and


  11. (2) Is determined by the court to be appropriate for participation in the mental health


  12. treatment calendar.


  13. (3) An individual’s history of substance and alcohol abuse may also be considered to the


  14. extent necessary to make a proper diagnosis of a co-occurring disorder.


  15. SECTION 3. Section 9-5-9 of the General Laws in Chapter 9-5 entitled "Writs, Summons


  16. and Process" is hereby amended to read as follows:


  17. 9-5-9. Warrants for commitment to institutions Warrants for commitment to state-


  18. operated facilities.


  19. Any warrant or mittimus issued from any superior or district court committing any person


  20. to the institute of mental health Eleanor Slater Hospital or Rhode Island State Psychiatric Hospital


  21. shall be directed to and executed by duly authorized agents of the department of human services


  22. behavioral healthcare, developmental disabilities and hospitals, who shall make return thereon, the


  23. provisions of any other law to the contrary notwithstanding.


  24. SECTION 4. Sections 40.1-3-7 and 40.1-3-9 of the General Laws in Chapter 40.1-3 entitled


  25. "Curative Services" are hereby amended to read as follows:


  26. 40.1-3-7. Rules and regulations for Eleanor Slater hospital.


  27. The director of the department shall establish, in his or her discretion, rules for the


  28. government of the hospital Eleanor Slater Hospital, regulations for the admission of patients, and

  1. shall generally be vested with all the powers necessary for the proper carrying on of the work


  2. entrusted to him or her.


  3. 40.1-3-9. Staff and employees of the state of Rhode Island medical center Staff and


  4. employees of the Eleanor Slater Hospital and of the Rhode Island State Psychiatric Hospital.


  5. The director of behavioral healthcare, developmental disabilities and hospitals shall


  6. appoint, or delegate to another employee of the department the authority to appoint, employees, as


  7. he or she may deem necessary for the proper management of the institutions facilities of either or


  8. both the Eleanor Slater Hospital or the Rhode Island State Psychiatric Hospital.


  9. SECTION 5. Chapter 40.1-3 of the General Laws entitled "Curative Services" 1s hereby


  10. amended by adding thereto the following section:


  11. 40.1-3-7.1. Rules and regulations for the Rhode Island State Psychiatric Hospital.


  12. The director of the department shall establish, in his or her discretion, rules for the


  13. governance of the Rhode Island State Psychiatric Hospital, regulations for the admission of


  14. patients, and shall generally be vested with all the powers necessary for the proper carrying on of


  15. the work entrusted to him or her.


  16. SECTION 6. Section 40.1-3-8 of the General Laws m Chapter 40.1-3 entitled "Curative


  17. Services" is hereby repealed:


  18. 40.1-3-8. Change of names of hospital for mental diseases and state infirmary.


  19. The name of the state institution at Cranston formerly known as the state asylum for the


  20. insane or the state hospital for the insane or the state hospital for mental diseases, and the name of


  21. the state institution at Cranston formerly known as tile state almshouse or the state infirmary, or


  22. the general hospital, shall hereafter be known as the "Eleanor Slater Hospital." In any general law,


  23. other public law, or resolution of the general assembly, and in any document, record, instrument,


  24. or proceeding authorized by any such law or resolution, unless the context or subject matter


  25. otherwise requires, the words "state asylum for the insane" and the words "state hospital for the


  26. insane" or "state hospital for mental disease" shall be construed to mean the "Eleanor Slater


  27. Hospital."


28 SECTION 7. Sections 40.1-5-2, 40.1-5-5, 40.1-5-6, 40.1-5-7, 40.1-5-7.1, 40.1-5-8, 40.1-5-


29 11, 40.1-5-27.1, 40.1-5-31, 40.1-5-32, 40.1-5-33 and 40.1-5-34 of the General Laws in Chapter


  1. 40.1-5 entitled "Mental Health Law" are hereby amended to read as follows:


  2. 40.1-5-2. Definitions.


  3. Whenever used in this chapter, or in any order, rule, or regulation made or promulgated


  4. pursuant to this chapter, or in any printed forms prepared by the department or the director, unless


  5. otherwise expressly stated, or unless the context or subject matter otherwise requires:

    1. (1) "Alternatives to admission or certification" means alternatives to a particular facility or


    2. treatment program, and shall include, but not be limited to, voluntary or court-ordered outpatient


    3. treatment, day treatment in a hospital, night treatment in a hospital, placement in the custody of a


    4. friend or relative, placement in a nursing home, referral to a community mental health clinic and


    5. home health aide services, or any other services that may be deemed appropriate.


    6. (2) "Care and treatment" means psychiatric care, together with such medical, nursing,


    7. psychological, social, rehabilitative, and maintenance services as may be required by a patient in


    8. association with the psychiatric care provided pursuant to an individualized treatment plan recorded


    9. in the patient's medical record.


    10. (3) "Department" means the state department of behavioral healthcare, developmental


    11. disabilities and hospitals.


    12. (4) "Director" means the director of the state department of behavioral healthcare,


    13. developmental disabilities and hospitals.


    14. (5)(i) "Facility" means a state hospital or psychiatric inpatient facility in the department


    15. any public or private hospital licensed by the Rhode Island department of health that maintains staff


    16. and facilities, including inpatient units, for the care and treatment of persons with psychiatric


    17. illness, psychiatric disorders, and/or psychiatric disabilities; and in order to operate pursuant to


    18. Mental Health Act as codified in this chapter, such facility and/or inpatient unit must be approved


    19. by the director of the department of behavioral healthcare, developmental disabilities and hospitals


    20. upon application of such facility and/or inpatient unit, a psychiatric inpatient facility maintained by


    21. a political subdivision of the state for the care and/or treatment of the mentally disabled; a general


    22. or specialized hospital maintaining staff and facilities for this purpose; and any of the several


    23. community mental health services established pursuant to chapter 8.5 of this title; and any other


    24. facility within the state providing inpatient psychiatric care and/or treatment and approved by the


    25. director upon application of this facility. Included within this definition shall be all hospitals,


    26. institutions, facilities, and services under the control and direction of the director and the


    27. department, as provided in this chapter. Nothing contained herein shall be construed to amend or


    28. repeal any of the provisions of chapter 16 of title 23.


    29. (ii) The Eleanor Slater Hospital shall be required to apply to the department for approval


    30. from the director to operate pursuant to this chapter.


    31. (iii) The Rhode Island State Psychiatric Hospital shall be required to apply to the


    32. department for approval from the director to operate pursuant to this chapter.


    33. (6) "Indigent person" means a person who has not sufficient property or income to support


    34. himself or herself, and to support the members of his or her family dependent upon him or her for

  1. support, and/or is unable to pay the fees and costs incurred pursuant to any legal proceedings


  2. conducted under the provisions of this chapter.


  3. (7) "Likelihood of serious harm" means:


  4. (i) A substantial risk of physical harm to the person himself or herself as manifested by


  5. behavior evidencing serious threats of, or attempts at, suicide;


  6. (ii) A substantial risk of physical harm to other persons as manifested by behavior or threats


  7. evidencing homicidal or other violent behavior; or


  8. (iii) A substantial risk of physical harm to the mentally disabled person as manifested by


  9. behavior that has created a grave, clear, and present risk to his or her physical health and safety.


  10. (iv) In determining whether there exists a likelihood of serious harm, the physician and the


  11. court may consider previous acts, diagnosis, words, or thoughts of the patient. If a patient has been


  12. incarcerated, or institutionalized, or in a controlled environment of any kind, the court may give


  13. great weight to such prior acts, diagnosis, words, or thoughts.


  14. (9)(8) "Mental health professional" means a psychiatrist, psychologist, or social worker


  15. and such other persons, including psychiatric nurse clinicians, as may be defined by rules and


  16. regulations promulgated by the director.


  17. (10)(9) "NICS database" means the National Instant Criminal Background Check System


  18. as created pursuant to section 103(b) of the Brady Handgun Violence Prevention Act (Brady Act),


19 Pub. L. No. 103-159, 107 Stat. 1536 as established by 28 C.F.R. 25.1.


  1. (11)(10)"Patient" means a person admitted voluntarily, certified or re-certified admitted to


  2. a facility according to the provisions of this chapter.


  3. (12)(11) "Physician" means a person duly licensed by the Rhode Island department of


  4. health to practice medicine or osteopathy in this state pursuant to chapter 37 of title 5.


  5. (8)(12) "Mental disability" "Psychiatric disability" means a mental disorder in which the


  6. capacity of a person to exercise self-control or judgment in the conduct of his or her affairs and


  7. social relations, or to care for his or her own personal needs, is significantly impaired.


  8. (13) "Psychiatric nurse clinician" means a licensed, professional registered nurse with a


  9. master's degree in psychiatric nursing or related field who is licensed by the Rhode Island


  10. department of health pursuant to chapter 34 of title 5 and who is currently working in the mental


  11. health field as defined by the American Nurses Association, and/or a licensed advanced practice


  12. registered nurse with a population focus of psychiatric/mental health population focus as defined


  13. in paragraphs (2) and (12)(vi) of § 5-34-3.


  14. (14) "Psychiatrist" means a person duly licensed by the Rhode Island department of health


  15. to practice medicine or osteopathy in this state pursuant to chapter 37 of title 5 who has, in addition,

  1. completed three (3) years of graduate psychiatric training in a program approved by the American


  2. Medical Association or American Osteopathic Association.


  3. (15) "Psychologist" means a person certified licensed by the Rhode Island department of


  4. health pursuant to chapter 44 of title 5.


  5. (16) "Social worker" means a person with who has a masters or further advanced degree


  6. from a school of social work, that is accredited by the council of social work education and who is


  7. licensed by the Rhode Island department of health pursuant to chapter 39.1 of title 5.


  8. 40.1-5-5. Admission of patients generally -- Rights of patients -- Patients' records --


  9. Competence of patients.


  10. (a) Admissions. Any person who is in need of care and treatment in a facility, as herein


  11. defined, may be admitted or certified, received, and retained as a patient in a facility by complying


  12. with any one of the following admission procedures applicable to the case:


  13. (1) Voluntary admission.


  14. (2) Emergency certification.


  15. (3) Civil court certification.


  16. (b) Forms. The director shall prescribe and furnish forms for use in admissions and patient


  17. notification procedures under this chapter.


  18. (c) Exclusions. No defective delinquent, person with a mental psychiatric disability, or


  19. person under the influence of alcohol or drugs shall be certified to a facility, as herein defined,


  20. solely by reason of that condition, unless the person also qualified for admission or certification


  21. under the provisions of this chapter.


  22. (d) Examining physician. For purposes of certification, no examining physician shall be


  23. related by blood or marriage to the person who is applying for the admission of another, or to the


  24. person who is the subject of the application; nor shall he or she have any interest, contractually,


  25. testamentary, or otherwise (other than reasonable and proper charges for professional services


  26. rendered), in or against the estate or assets of the person who is the subject of the application; nor


  27. shall he or she be a manager, trustee, visitor, proprietor, officer, stockholder, or have any pecuniary


  28. interest, directly or indirectly, or, except as otherwise herein expressly provided, be a director,


  29. resident physician, or salaried physician, or employee in any facility to which it is proposed to


  30. admit the person.


  31. (e) Certificates. Certificates, as required by this chapter, must provide a factual description


  32. of the person's behavior that indicates that the person concerned is mentally psychiatrically


  33. disabled, creates a likelihood of serious harm, and is in need of care and treatment in a facility as


  34. defined in this chapter. They shall further set forth such other findings as may be required by the

  1. particular certification procedure used. Certificates shall also show that an examination of the


  2. person concerned was made within five (5) days prior to the date of admission or certification,


  3. unless otherwise herein provided. The date of the certificate shall be the date of the commencement


  4. of the examination, and in the event examinations are conducted separately or over a period of


  5. days, then the five-day (5) period above referred to (unless otherwise expressly provided) shall be


  6. measured from the date of the commencement of the first examination. All certificates shall contain


  7. the observations upon which judgments are based, and shall contain other information as the


  8. director may by rule or regulation require.


  9. (f) Rights of patients. No patient admitted or certified to any facility under any provision


  10. of this chapter shall be deprived of any constitutional, civil, or legal right, solely by reason of such


  11. admission or certification nor shall the certification or admission modify or vary any constitutional


  12. or civil right, including, but not limited to, the right or rights:


  13. (1) To privacy and dignity;


  14. (2) To civil service or merit rating or ranking and appointment;


  15. (3) Relating to the granting, forfeiture or denial of a license, permit, privilege, or benefit


  16. pursuant to any law;


  17. (4) To religious freedom;


  18. (5) To be visited privately at all reasonable times by his or her personal physician, attorney,


  19. and clergyperson, and by other persons at all reasonable times unless the official in charge of the


  20. facility determines either that a visit by any of the other persons or a particular visitation time would


  21. not be in the best interests of the patient and he or she incorporates a statement for any denial of


  22. visiting rights in the individualized treatment record of the patient;


  23. (6) To be provided with stationery, writing materials, and postage in reasonable amounts


  24. and to have free unrestricted, unopened, and uncensored use of the mails for letters;


  25. (7) To wear one's own clothes, keep and use personal possessions, including toilet articles;


  26. to keep and be allowed to spend a reasonable sum of money for canteen expenses and small


  27. purchases; to have access to individual storage space for his or her private use; and reasonable


  28. access to telephones to make and receive confidential calls; provided, however, that any of these


  29. rights may be denied for good cause by the official in charge of a facility or a physician designated


  30. by him or her. A statement of the reasons for any denial shall be entered in the individualized


  31. treatment record of the patient;


  32. (8) To seek independent psychiatric examination and opinion from a psychiatrist or mental


  33. health professional of his or her choice;


  34. (9) To be employed at a gainful occupation insofar as the patient's condition permits,

    1. provided however, that no patient shall be required to perform labor;


    2. (10) To vote and participate in political activity;


    3. (11) To receive and read literature;


    4. (12) To have the least possible restraint imposed upon the person consistent with affording


    5. him or her the care and treatment necessary and appropriate to his or her condition;


    6. (13) To have access to the mental health advocate upon request;


    7. (14) To prevent release of his or her name to the advocate or next of kin by signing a form


    8. provided to all patients for that purpose at the time of admission.


    9. (g) Records. A facility shall maintain for each patient admitted pursuant to this chapter, a


    10. comprehensive medical record. The record shall contain a recorded, individualized treatment plan,


    11. which shall at least monthly be reviewed by the physician of the facility who is chiefly responsible


    12. for the patient's care, notations of the reviews to be entered in the record. The records shall also


    13. contain information indicating at the time of admission or certification what alternatives to


    14. admission or certification are available to the patient; what alternatives have been investigated; and


    15. why the investigated alternatives were not deemed suitable. The medical record shall further


    16. contain other information as the director may by rule or regulation require.


    17. (h) Competence. A person shall not, solely by reason of his or her admission or certification


    18. to a facility for examination or care and treatment under the provisions of this chapter, thereby be


    19. deemed incompetent to manage his or her affairs; to contract; to hold, or seek a professional,


    20. occupational, or vehicle operator's license; to make a will; or for any other purpose. Neither shall


    21. any requirement be made, by rule, regulation, or otherwise, as a condition to admission and


    22. retention, that any person applying for admission shall have the legal capacity to contract, it being


    23. sufficient for the purpose, that the person understand the nature and consequence of making the


    24. application.


    25. 40.1-5-6. Voluntary admission.


    26. (a)(1) General. Any individual of lawful age may apply for voluntary admission to any


    27. facility provided for by this law seeking care and treatment for alleged mental psychiatric disability.


    28. The application shall be in writing, signed by the applicant in the presence of at least one witness,


    29. who shall attest to the application by placing his or her name and address thereon. If the applicant


    30. has not yet attained his or her eighteenth (18th) birthday, the application shall be signed by him or


    31. her and his or her parent, guardian, or next of kin.


    32. (2) Admission of children. Any person who is under the age of eighteen (18) and who


    33. receives medical benefits funded in whole or in part by either the department of children, youth and


    34. families or by the department of human services may be admitted to any facility provided for by

  1. this chapter seeking care and treatment for alleged mental psychiatric disability only after an initial


  2. mental health crisis intervention is completed by a provider who is licensed by the department of


  3. children, youth and families for emergency services, has proper credentials, and is contracted with


  4. the RIte Care health plan or the state and the provider, after considering alternative services to


  5. hospitalization with the child, family and other providers, requests prior authorization for the


  6. admission from a representative of the child and family's insurance company or utilization review


  7. organization representing the insurance company. If the inpatient hospital admits a child without


  8. the crisis intervention and prior authorization from the insurance company or utilization review


  9. organization, the hospital will be paid a rate equivalent to an Administratively Necessary Day


  10. (AND) for each day that the insurance company or utilization review organization representing the


  11. insurance company determines that the child did not meet the inpatient level-of-care criteria. The


  12. state shall ensure that this provision is included in all publicly financed contracts and agreements


  13. for behavioral health services. Activities conducted pursuant to this section shall be exempt from


  14. the provisions of § 23-17.12 [repealed], but shall be subject to the provisions of subsection (b) of


  15. this section.


  16. (3) The department of human services shall develop regulations for emergency admissions


  17. that would allow the admitting hospital to maintain its compliance with the provisions of the act


  18. while meeting the need of the child.


  19. (b) Period of treatment. If it is determined that the applicant is in need of care and treatment


  20. for mental psychiatric disability and no suitable alternatives to admission are available, he or she


  21. shall be admitted for a period not to exceed thirty (30) days. Successive applications for continued


  22. voluntary status may be made for successive periods not to exceed ninety (90) days each, so long


  23. as care and treatment is deemed necessary and documented in accordance with the requirements of


  24. this chapter and no suitable alternatives to admission are available.


  25. (c) Discharge.


  26. (1) A voluntary patient shall be discharged no later than the end of the business day


  27. following of his or her presenting a written notice of his or her intent to leave the facility to the


  28. medical official in charge or the medical official designated by him or her, unless that official or


  29. another qualified person from the facility files an application for the patient's civil court


  30. certification pursuant to § 40.1-5-8. The notice shall be on a form prescribed by the director and


  31. made available to all patients at all times. If a decision to file an application for civil court


  32. certification is made, the patient concerned and his or her legal guardian(s), if any, shall receive


  33. immediately, but in no event later than twelve (12) hours from the making of the decision, notice


  34. of the intention from the official in charge of the facility, or his or her designee, and the patient

  1. may, in the discretion of the official, be detained for an additional period not to exceed two (2)


  2. business days, pending the filing and setting down for hearing of the application under § 40.1-5-8.


  3. (2) A voluntary patient who gives notice of his or her intention or desire to leave the facility


4 may at any time during the period of his or her hospitalization prior to any certification pursuant to


  1. § 40.1-5-8, following the giving of the notice, submit a written communication withdrawing the


  2. notice, whereby his or her voluntary status shall be considered to continue unchanged until the


  3. expiration of thirty (30) or ninety (90) days as provided in subsection (b). In the case of an


  4. individual under eighteen (18) years of age, the notice or withdrawal of notice may be given by


  5. either of the persons who made the application for his or her admission, or by a person of equal or


  6. closer relationship to the patient, who shall, as well, receive notice from the official in charge


  7. indicating a decision to present an application for civil court certification. The official may in his


  8. or her discretion refuse to discharge the patient upon notice given by any person other than the


  9. person who made the application, and in the event of such a refusal, the person giving notice may


  10. apply to a justice of the family court for release of the patient.


  11. (d) Examination at facility. The medical official in charge of a facility shall ensure that all


  12. voluntary patients receive preliminary physical and psychiatric examinations within twenty-four


  13. (24) hours of admission. Furthermore, a complete psychiatric examination shall be conducted to


  14. determine whether the person qualifies for care and treatment under the provisions of this chapter.


  15. The examination shall begin within forty-eight (48) hours of admission and shall be concluded as


  16. soon as practicable, but in no case shall extend beyond five (5) days. The examination shall include


  17. an investigation with the prospective patient of (1) What alternatives for admission are available


  18. and (2) Why those alternatives are not suitable. The alternatives for admission investigated and


  19. reasons for unsuitability, if any, shall be recorded on the patient's record. If it is determined that the


  20. patient does not belong to the voluntary class in that a suitable alternative to admission is available,


  21. or is otherwise ineligible for care and treatment, he or she shall be discharged.


  22. (e) Rights of voluntary patients. A voluntary patient shall be informed, in writing, of his or


  23. her status and rights as a voluntary patient immediately upon his or her admission, and again at the


  24. time of his or her periodic review(s) as provided in § 40.1-5-10, including his or her rights pursuant


  25. to § 40.1-5-5(f). Blank forms for purposes of indicating an intention or desire to leave a facility


  26. shall be available at all times and on and in all wards and segments of a facility wherein voluntary


  27. patients may reside.


  28. 40.1-5-7. Emergency certification.


  29. (a) Applicants.


  30. (1) Any physician who, after examining a person, has reason to believe that the person is

    1. in need of immediate care and treatment, and is one whose continued unsupervised presence in the


    2. community would create an imminent likelihood of serious harm by reason of mental psychiatric


    3. disability, may apply at a facility for the emergency certification of the person thereto. The medical


    4. director, or any other physician employed by the proposed facility for certification, may apply


    5. under this subsection if no other physician is available and he or she certifies this fact. If an


    6. examination is not possible because of the emergency nature of the case and because of the refusal


    7. of the person to consent to the examination, the applicant on the basis of his or her observation may


    8. determine, in accordance with the above, that emergency certification is necessary and may apply


    9. therefor. In the event that no physician is available, a qualified mental health professional who


    10. believes the person to be in need of immediate care and treatment, and one whose continued


    11. unsupervised presence in the community would create an imminent likelihood of serious harm by


    12. reason of mental psychiatric disability, may make the application for emergency certification to a


    13. facility. Application shall in all cases be made to the facility that, in the judgment of the applicant


    14. at the time of application, would impose the least restraint on the liberty of the person consistent


    15. with affording him or her the care and treatment necessary and appropriate to his or her condition.


    16. (2) Whenever an applicant, who is not employed by a community mental health center


    17. established pursuant to chapter 8.5 of this title, has reason to believe that either the institute of


    18. mental health Rhode Island State Psychiatric Hospital or the Eleanor Slater Hospital is the


    19. appropriate facility for the person, the application shall be directed to the community mental health


    20. center that serves the area in which the person resides, if the person is a Rhode Island resident, or


    21. the area in which the person is physically present, if a nonresident, and the qualified mental health


    22. professional(s) at the center shall make the final decision on the application to either the institute


    23. of mental health Rhode Island State Psychiatric Hospital or the Eleanor Slater Hospital or may


    24. determine whether some other disposition should be made.


    25. (b) Applications. An application for certification hereunder shall be in writing and filed


    26. with the facility to which admission is sought. The application shall be executed within five (5)


    27. days prior to the date of filing and shall state that it is based upon a personal observation of the


    28. prospective patient by the applicant within the five-day (5) period. It shall include a description of


    29. the applicant's credentials and the behavior that constitutes the basis for his or her judgment that


    30. the prospective patient is in need of immediate care and treatment and that a likelihood of serious


    31. harm by reason of mental psychiatric disability exists, and shall include, as well, any other relevant


    32. information that may assist the admitting physician at the facility to which application is made.


    33. Whenever practicable, prior to transporting or arranging for the transporting of a prospective patient


    34. to a facility, the applicant shall telephone or otherwise communicate with the facility to describe

  1. the circumstances and known clinical history to determine whether it is the proper facility to receive


  2. the person, and to give notice of any restraint to be used or to determine whether restraint is


  3. necessary. The application shall state whether the facility, in the judgment of the applicant at the


  4. time of application, would impose the least restraint on the liberty of the person consistent with


  5. affording him or her the care and treatment necessary and appropriate to his or her condition.


  6. Whenever practicable, prior to transporting or arranging for the transporting of a prospective patient


  7. to a facility, the applicant shall telephone or otherwise communicate with the facility to describe


  8. the circumstances and known clinical history to determine whether it is the proper facility to receive


  9. the person, and to give notice of any restraint to be used or to determine whether restraint is


  10. necessary.


  11. (c) Confirmation; discharge; transfer. Within one hour after reception at a facility, the


  12. person regarding whom an application has been filed under this section shall be seen by a physician.


  13. As soon as possible, but in no event later than twenty-four (24) hours after reception, a preliminary


  14. examination and evaluation of the person by a psychiatrist or a physician under his or her


  15. supervision shall begin. The psychiatrist shall not be an applicant hereunder. The preliminary


  16. examination and evaluation shall be completed within seventy-two (72) hours from its inception


  17. by the psychiatrist. If the psychiatrist determines that the patient is not a candidate for emergency


  18. certification, he or she shall be discharged. If the psychiatrist(s) determines that the person who is


  19. the subject of the application is in need of immediate care and treatment and is one whose continued


  20. unsupervised presence in the community would create an imminent likelihood of serious harm by


  21. reason of mental psychiatric disability, he or she shall confirm the admission for care and treatment


  22. under this section of the person to the facility, provided the facility is one that would impose the


  23. least restraint on the liberty of the person consistent with affording him or her the care and treatment


  24. necessary and appropriate to his or her condition and that no suitable alternatives to certification


  25. are available. If at any time the official in charge of a facility, or his or her designee, determines


  26. that the person is not in need of immediate care and treatment, or is not one whose continued


  27. unsupervised presence in the community would create an imminent likelihood of serious harm by


  28. reason of mental psychiatric disability, or suitable alternatives to certification are available, he or


  29. she shall immediately discharge the person. In addition, the official may arrange to transfer the


  30. person to an appropriate facility if the facility to which he or she has been certified is not one that


  31. imposes the least restraint on the liberty of the person consistent with affording him or her the care


  32. and treatment necessary and appropriate to his or her condition.


  33. (d) Custody. Upon the request of an applicant under this section, to be confirmed in writing,


  34. it shall be the duty of any peace officer of this state or of any governmental subdivision thereof to

  1. whom request has been made, to take into custody and transport the person to the facility


  2. designated, the person to be expeditiously presented for admission thereto to take into custody and


  3. immediately transport the person to the designated facility for admission thereto.


  4. (e) Ex parte court order. An applicant under this section may present a petition to any judge


  5. of the district court or any justice of the family court, in the case of a person who is the subject of


  6. an application who has not yet attained his or her eighteenth birthday, for a warrant directed to any


  7. peace officer of the state or any governmental subdivision thereof to take into custody the person


  8. who is the subject of the application and immediately transport the person to a designated facility.


  9. The application shall set forth that the person who is to be certified is in need of immediate care


  10. and treatment and his or her continued unsupervised presence in the community would create an


  11. imminent likelihood of serious harm by reason of mental psychiatric disability, and the reasons


  12. why an order directing a peace officer to transport the person to a designated facility is necessary.


  13. (f) Notification of rights. No person shall be certified to a facility under the provisions of


  14. this section unless appropriate opportunity is given to apply for voluntary admission under the


  15. provisions of § 40.1-5-6 and unless he or she, or a parent, guardian, or next of kin, has been


  16. informed, in writing, on a form provided by the department, by the official in charge of the facility:


  17. (1) That he or she has a right to the voluntary admission; (2) That a person cannot be certified until


  18. all available alternatives to certification have been investigated and determined to be unsuitable;


  19. and (3) That the period of hospitalization or treatment in a facility cannot exceed ten (10) days


  20. under this section, except as provided in subsection (g) of this section.


  21. (g) Period of treatment. A person shall be discharged no later than ten (10) days measured


  22. from the date of his or her admission under this section, unless an application for a civil court


  23. certification has been filed and set down for a hearing under the provisions of § 40.1-5-8, or the


  24. person remains as a voluntary patient pursuant to § 40.1-5-6.


  25. 40.1-5-7.1. Emergency transportation by police.


  26. (a) Any police officer may take an individual into protective custody and take or cause the


  27. person to be taken to an emergency room of any hospital, by way of emergency vehicle, if the


  28. officer has reason to believe that:


  29. (1) The individual is in need of immediate care and treatment, and is one whose continued


  30. unsupervised presence in the community would create an imminent likelihood of serious harm by


  31. reason of mental psychiatric disability if allowed to be at liberty pending examination by a licensed


  32. physician; or


  33. (2) The individual is in need of immediate assistance due to mental psychiatric disability


  34. and requests the assistance.

  1. (b) The officer making the determination to transport will document the reason for the


  2. decision in a police report and travel with the individual to the hospital to relay the reason for


  3. transport to the attending medical staff.


  4. 40.1-5-8. Civil court certification.


  5. (a) Petitions. A verified petition may be filed in the district court, or family court in the


  6. case of a person who has not reached his or her eighteenth (18th) birthday, for the certification to a


  7. facility of any person who is alleged to be in need of care and treatment in a facility, and whose


  8. continued unsupervised presence in the community would create a likelihood of serious harm by


  9. reason of mental psychiatric disability. The petition may be filed by any person with whom the


  10. subject of the petition may reside; or at whose house he or she may be; or the father or mother,


  11. husband or wife, brother or sister, or the adult child of the person; the nearest relative if none of the


  12. above are available; or his or her guardian; or the attorney general; or a local director of public


  13. welfare; or the director of the department of behavioral healthcare, developmental disabilities and


  14. hospitals; the director of the department of human services; or the director of the department of


  15. corrections; the director of the department of health; the warden of the adult correctional


  16. institutions; the superintendent of the boys training school for youth, or his or her designated agent;


  17. or the director of any facility, or his or her designated agent, whether or not the person shall have


  18. been admitted and is a patient at the time of the petition. A petition under this section shall be filed


  19. only after the petitioner has investigated what alternatives to certification are available and


  20. determined why the alternatives are not deemed suitable.


  21. (b) Contents of petition. The petition shall state that it is based upon a personal observation


  22. of the person concerned by the petitioner within a ten-day (10) period prior to filing. It shall include


  23. a description of the behavior that constitutes the basis for the petitioner's judgment that the person


  24. concerned is in need of care and treatment and that a likelihood of serious harm by reason of mental


  25. psychiatric disability exists. In addition, the petitioner shall indicate what alternatives to


  26. certification are available; what alternatives have been investigated; and why the investigated


  27. alternatives are not deemed suitable.


  28. (c) Certificates and contents thereof. A petition hereunder shall be accompanied by the


  29. certificates of two (2) physicians unless the petitioner is unable to afford, or is otherwise unable to


  30. obtain, the services of a physician or physicians qualified to make the certifications. The certificates


  31. shall be rendered pursuant to the provisions of § 40.1-5-5, except when the patient is a resident in


  32. a facility, the attending physician and one other physician from the facility may sign the certificates,


  33. and shall set forth that the prospective patient is in need of care and treatment in a facility and


  34. would likely benefit therefrom, and is one whose continued unsupervised presence in the

  1. community would create a likelihood of serious harm by reason of mental psychiatric disability


  2. together with the reasons therefor. The petitions and accompanying certificates shall be executed


  3. under penalty of perjury, but shall not require the signature of a notary public thereon.


  4. (d) Preliminary hearing.


  5. (1) Upon a determination that the petition sets forth facts constituting reasonable grounds


  6. to support certification, the court shall summon the person to appear before the court at a


  7. preliminary hearing, scheduled no later than five (5) business days from the date of filing. This


  8. hearing shall be treated as a priority on the court calendar and may be continued only for good


  9. cause shown. In default of an appearance, the court may issue a warrant directing a police officer


  10. to bring the person before the court.


  11. (2) At the preliminary hearing, the court shall serve a copy of the petition upon the person


  12. and advise him or her of the nature of the proceedings and of his or her right to counsel. If the


  13. person is unable to afford counsel, the court forthwith shall appoint the mental health advocate for


  14. him or her. If the court finds that there is no probable cause to support certification, the petition


  15. shall be dismissed, and the person shall be discharged unless the person applies for voluntary


  16. admission. However, if the court is satisfied by the testimony that there is probable cause to support


  17. certification, a final hearing shall be held not less than seven (7) days, nor more than twenty-one


  18. (21) days, after the preliminary hearing, unless continued at the request of counsel for the person,


  19. and notice of the date set down for the hearing shall be served on the person. Copies of the petition


  20. and notice of the date set down for the hearing shall also be served immediately upon the person's


  21. nearest relatives or legal guardian, if known, and to any other person designated by the patient, in


  22. writing, to receive copies of notices. The preliminary hearing can be waived by a motion of the


  23. patient to the court if the patient is a resident of a facility.


  24. (e) Petition for examination.


  25. (1) Upon motion of either the petitioner or the person, or upon its own motion, the court


26 may order that the person be examined by a psychiatrist appointed by the court. The examination


27 may be conducted on an outpatient basis and the person shall have the right to the presence of


  1. counsel while it is being conducted. A report of the examination shall be furnished to the court, the


  2. petitioner, and the person and his or her counsel at least forty-eight (48) hours prior to the hearing.


  3. (2) If the petition is submitted without two (2) physicians' certificates as required under


  4. subsection (c), the petition shall be accompanied by a motion for a psychiatric examination to be


  5. ordered by the court. The motion shall be heard on the date of the preliminary hearing set by the


  6. court pursuant to subsection (d), or as soon thereafter as counsel for the subject person is engaged,


  7. appointed, and ready to proceed. The motion shall be verified or accompanied by affidavits and

  1. shall set forth facts demonstrating the efforts made to secure examination and certification by a


  2. physician or physicians and shall indicate the reasons why the efforts failed.


  3. (3) After considering the motion and testimony as may be offered on the date of hearing


  4. the motion, the court may deny the application and dismiss the petition, or upon finding: (i) That


  5. there is a good cause for the failure to obtain one or more physician's certificates in accordance


  6. with subsection (c); and (ii) That there is probable cause to substantiate the allegations of the


  7. petition, the court shall order an immediate examination by two (2) qualified psychiatrists, pursuant


  8. to subsection (e)(1).


  9. (f) Professional assistance. A person with respect to whom a court hearing has been ordered


  10. under this section shall have, and be informed of, a right to employ a mental health professional of


  11. his or her choice to assist him or her in connection with the hearing and to testify on his or her


  12. behalf. If the person cannot afford to engage such a professional, the court shall, on application,


  13. allow a reasonable fee for the purpose.


  14. (g) Procedure. Upon receipt of the required certificates and/or psychiatric reports as


  15. applicable hereunder, the court shall schedule the petition for final hearing unless, upon review of


  16. the reports and certificates, the court concludes that the certificates and reports do not indicate, with


  17. supporting reasons, that the person who is the subject of the petition is in need of care and treatment;


  18. that his or her unsupervised presence in the community would create a likelihood of serious harm


  19. by reason of mental psychiatric disability; and that all alternatives to certification have been


  20. investigated and are unsuitable, in which event the court may dismiss the petition.


  21. (h) Venue. An application for certification under this section shall be made to, and all


  22. proceedings pursuant thereto shall be conducted in, the district court, or family court in the case of


  23. a person who has not yet reached his or her eighteenth (18th) birthday, of the division or county in


  24. which the subject of an application may reside or may be, or when the person is already a patient


  25. in a facility, in the district court or family court of the division or county in which the facility is


  26. located, subject, however, to application by any interested party for change of venue because of


  27. inconvenience of the parties or witnesses or the condition of the subject of the petition or other


  28. valid judicial reason for the change of venue.


  29. (i) Hearing. A hearing scheduled under this section shall be conducted pursuant to the


  30. following requirements:


  31. (1) All evidence shall be presented according to the usual rules of evidence that apply in


  32. civil, non-jury cases. The subject of the proceedings shall have the right to present evidence in his


  33. or her own behalf and to cross examine all witnesses against him or her, including any physician


  34. who has completed a certificate or filed a report as provided hereunder. The subject of the

  1. proceedings shall have the further right to subpoena witnesses and documents, the cost of such to


  2. be borne by the court where the court finds upon an application of the subject that the person cannot


  3. afford to pay for the cost of subpoenaing witnesses and documents.


  4. (2) A verbatim transcript or electronic recording shall be made of the hearing that shall be


  5. impounded and obtained or examined only with the consent of the subject thereof (or in the case of


  6. a person who has not yet attained his or her eighteenth (18th) birthday, his or her parent, guardian,


  7. or next of kin) or by order of the court.


  8. (3) The hearing may be held at a location other than a court, including any facility where


  9. the subject may currently be a patient, where it appears to the court that holding the hearing at


  10. another location would be in the best interests of the subject thereof.


  11. (4) The burden of proceeding and the burden of proof in a hearing held pursuant to this


  12. section shall be upon the petitioner. The petitioner has the burden of demonstrating that the subject


  13. of the hearing is in need of care and treatment in a facility; is one whose continued unsupervised


  14. presence in the community would create a likelihood of serious harm by reason of mental


  15. psychiatric disability; and what alternatives to certification are available, what alternatives to


  16. certification were investigated, and why these alternatives were not deemed suitable.


  17. (5) The court shall render a decision within forty-eight (48) hours after the hearing is


  18. concluded.


  19. (j) Order. If the court at a final hearing finds by clear and convincing evidence that the


  20. subject of the hearing is in need of care and treatment in a facility, and is one whose continued


  21. unsupervised presence in the community would, by reason of mental psychiatric disability, create


  22. a likelihood of serious harm, and that all alternatives to certification have been investigated and


  23. deemed unsuitable, it shall issue an order committing the person to the custody of the director for


  24. care and treatment or to an appropriate facility. In either event, and to the extent practicable, the


  25. person shall be cared for in a facility that imposes the least restraint upon the liberty of the person


  26. consistent with affording him or her the care and treatment necessary and appropriate to his or her


  27. condition. No certification shall be made under this section unless and until full consideration has


  28. been given by the certifying court to the alternatives to in-patient care, including, but not limited


  29. to, a determination of the person's relationship to the community and to his or her family; of his or


  30. her employment possibilities; and of all available community resources, alternate available living


  31. arrangements, foster care, community residential facilities, nursing homes, and other convalescent


  32. facilities. A certificate ordered pursuant to this section shall be valid for a period of six (6) months


  33. from the date of the order. At the end of that period the patient shall be discharged, unless he or she


  34. is discharged prior to that time, in which case the certification shall expire on the date of the

  1. discharge.


  2. (k) Appeals.


  3. (1) A person certified under this section shall have a right to appeal from a final hearing to


  4. the supreme court of the state within thirty (30) days of the entry of an order of certification. The


  5. person shall have the right to be represented on appeal by counsel of his or her choice or by the


  6. mental health advocate if the supreme court finds that he or she cannot afford to retain counsel.


  7. Upon a showing of indigency, the supreme court shall permit an appeal to proceed without payment


  8. of costs, and a copy of the transcript of the proceedings below shall be furnished to the subject of


  9. the proceedings, or to his or her attorney, at the expense of the state. The certifying court shall


  10. advise the person of all his or her rights pursuant to this section immediately upon the entry of an


  11. order of certification.


  12. (2) Appeals under this section shall be given precedence, insofar as practicable, on the


  13. supreme court dockets. The district and family courts shall promulgate rules with the approval of


  14. the supreme court to insure the expeditious transmission of the record and transcript in all appeals


  15. pursuant to this chapter.


  16. (l) Submission to NICS database.


  17. (1) The district court shall submit the name, date of birth, gender, race or ethnicity, and


  18. date of civil commitment to the National Instant Criminal Background Check System (NICS)


  19. database of all persons subject to a civil court certification order pursuant to this section within


  20. forty-eight (48) hours of certification.


  21. (2) Any person affected by the provisions of this section, after the lapse of a period of three


  22. (3) years from the date such civil certification is terminated, shall have the right to appear before


  23. the relief from disqualifiers board.


  24. (3) Upon notice of a successful appeal pursuant to subsection (k), the district court shall,


  25. as soon as practicable, cause the appellant's record to be updated, corrected, modified, or removed


  26. from any database maintained and made available to the NICS and reflect that the appellant is no


  27. longer subject to a firearms prohibition as it relates to 18 U.S.C. § 922(d)(4) and 18 U.S.C. §


28 922(g)(4).


  1. (m) Equitable authority. In addition to the powers heretofore exercised, the district and


  2. family courts are hereby empowered, in furtherance of their jurisdiction under this chapter, to grant


  3. petitions for instructions for the provision or withholding of treatment as justice and equity may


  4. require.


  5. 40.1-5-11. Discharge -- Recertification.


  6. (a) The official in charge of any facility, or his or her designated agent, on having his or

    1. her reasons noted on the patient's records, shall discharge any patient certified or admitted pursuant


    2. to the provisions of this chapter, when:


    3. (1) Suitable alternatives to certification or admission are available;


    4. (2) The patient is, in the judgment of the official, recovered;


    5. (3) The patient is not recovered, but discharge, in the judgment of the official, will not


    6. create a likelihood of serious harm by reason of mental psychiatric disability.


    7. (b) When a patient discharge is requested and if the discharge is denied, the reasons therefor


    8. shall be stated, in writing, and noted in the patient's record and a copy thereof shall be given to the


    9. person applying for the release.


    10. (c) At the expiration of the six-month (6) period set forth in § 40.1-5-8(j), or any subsequent


    11. six-month (6) period following recertification pursuant to this section, the patient shall be


    12. unconditionally released unless a recertification petition is filed by the official in charge of a


    13. facility, or his or her designated agent, within no less than fifteen (15) days and no more than thirty


    14. (30) days prior to the scheduled expiration date of a six-month (6) period. A hearing must be held


    15. pursuant to the petition and a decision rendered before the expiration of the six-month (6) period.


    16. A recertification hearing shall follow all of the procedures set forth in § 40.1-5-8 and recertification


17 may be ordered only if the petitioner proves by clear and convincing evidence that the conduct and


  1. responses of the patient during the course of the previous six-month (6) period indicate that the


  2. patient is presently in need of care and treatment in a facility; is one whose continued unsupervised


  3. presence in the community would create a likelihood of serious harm by reason of mental


  4. psychiatric disability; and that all alternatives to recertification have been investigated and deemed


  5. unsuitable.


  6. 40.1-5-27.1. Disclosure by mental health professional.


  7. (a) Notwithstanding §§ 40.1-5-26 and 40.1-5-27, a mental health professional providing


  8. care and treatment to an adult person with a mental psychiatric disability as defined in § 40.1-5-


  9. 2(8) § 40.1-5-2(12) may provide certain information to a family member or other person if this


  10. family member or other person lives with and provides direct care to the mentally psychiatrically


  11. disabled person, and without such direct care there would be significant deterioration in the


  12. mentally psychiatrically disabled person's daily functioning, and such disclosure would directly


  13. assist in the care of the mentally psychiatrically disabled person. Disclosure can be made only at


  14. the written request of the family member or person living with the mentally psychiatrically disabled


  15. person.


  16. (b) Prior to the disclosure, the mentally psychiatrically disabled person shall be informed,


  17. in writing, of the request, the name of the person requesting the information, the reason for the

  1. request, and the specific information being provided. Prior to disclosure, the mentally


  2. psychiatrically disabled person shall be provided the opportunity to give or withhold consent. If the


  3. mentally psychiatrically disabled person withholds consent, the information shall not be disclosed


  4. and the family member or other person shall be provided the opportunity to appeal. Disclosures


  5. shall be limited to information regarding diagnosis, admission to or discharge from a treatment


  6. facility, the name of the medication prescribed, and side effects of prescribed medication.


  7. (c) On or before April 1, 1993, the department of behavioral healthcare, developmental


  8. disabilities and hospitals shall promulgate rules and regulations to further define and interpret the


  9. provisions of this section. In the development of these rules and regulations, the department shall


  10. work with an advisory committee composed, at a minimum, of proportionate representation from


  11. the following: the Coalition of Consumer Self Advocates, the Alliance for the Mentally Ill, the


  12. Mental Health Association of Rhode Island, the Council of Community Mental Health Centers, the


  13. mental health advocate, and Rhode Island Protection and Advocacy Services. Rules and regulations


  14. by the department shall include the provision of an appeals process, that would serve to protect the


  15. rights of mentally psychiatrically disabled persons under the law.


  16. 40.1-5-31. Maintenance of facilities.


  17. Facilities under the jurisdiction, supervision, and control of the department shall be


  18. maintained, and services shall be provided, for the care and treatment of the mentally


  19. psychiatrically disabled of the state and for other persons and related purposes as shall be provided


  20. and authorized by law.


  21. 40.1-5-32. Transfer of patients.


  22. (a) No transfer of a patient already in a facility shall be made to a facility, or section of a


  23. facility, maintained for patients certified upon an order of a court or judge having criminal


  24. jurisdiction in a proceeding arising out of a criminal offense. The official in charge of a facility, or


  25. his or her designated agent, shall have reasonable discretion to order or permit transfers within a


  26. facility for reason of finances, adequacy of personnel, and upon conditions set forth in rules or


  27. regulations promulgated by the director pursuant hereto.


  28. (b) A patient certified to any facility pursuant to the provisions of this chapter may be


  29. transferred, with his or her consent or that of his or her guardian, to any facility within or without


  30. the state or to an institution operated by the Veterans' Administration or to any agency of the United


  31. States government for the treatment of mental psychiatric disability at a facility under its


  32. jurisdiction, within or without the state, when deemed in the interest of the patient and approved


  33. by the transferring and receiving facilities. A transfer as above described may be accomplished


  34. without the consent of a patient, or his or her guardian, only upon prior application to, and a hearing

  1. in, the district court (or family court in the case of a patient under eighteen (18) years of age) and a


  2. specific finding by the court that the proposed transfer is in the best interests of the patient and is


  3. to a facility that will afford the patient the care and treatment necessary and appropriate to his or


  4. her condition.


  5. (c) A patient received on voluntary admission may be transferred as provided in subsection


  6. (b) with his or her consent; and if the patient shall not yet have attained his or her eighteenth


  7. birthday, with the consent of his or her parent, guardian, next of kin, or person who signed for his


  8. or her admission. A voluntary patient may be transferred to another facility without his or her


  9. consent only upon the filing of a petition for certification to the facility, and a finding of probable


  10. cause at a preliminary hearing in accordance with § 40.1-5-8.


  11. (d) Patients transferred to facilities without the state, or to the Veterans' Administration or


  12. the United States Public Health Service, or another agency operated by the United States


  13. government, shall be subject to the rules and regulations of the facility or institution to which they


  14. are transferred, and the person or official in charge thereof, in connection with the care and


  15. treatment of the patient, being vested with the same powers as persons in charge of similar facilities


  16. within the state, provided that no such transfer shall be made to a facility maintained for the purpose


  17. of patients committed upon an order of a court or judge having criminal jurisdiction in a proceeding


  18. arising out of a criminal offense. Transfers of patients between states that have entered into the


  19. interstate compact on mental health shall be pursuant to and in accordance with said compact


  20. whenever applicable.


  21. 40.1-5-33. Payment for care and treatment.


  22. For the purposes of this chapter, facilities shall be maintained by the state for the care,


  23. treatment, and maintenance of the mentally psychiatrically disabled, and the patients may be


  24. maintained and treated in the facilities or in foster family care, and may receive the services


  25. conditioned upon prompt and regular payments for the care, maintenance, and treatment or for the


  26. services in amounts as fixed by the director. In the discretion of the director, the rates so fixed may


  27. be the reimbursement rates or in excess thereof. A preference shall be given to persons whose


  28. estate, or the person or persons legally liable for their support, cannot sufficiently pay for the care


  29. and treatment, or for the services in licensed private facilities or from sources outside the


  30. department. The director, in his or her discretion, may accept payments for services at less than the


  31. reimbursement rates, but the acceptance of the lesser payments shall not release the patient, his or


  32. her estate, or relatives, if they have sufficient financial ability, from the obligation to make up the


  33. difference between the amount fixed, accepted, or paid and the full reimbursement rates.


  34. 40.1-5-34. Exclusiveness of this chapter.

  1. Where under any provision of any existing law, except in the case of a person held under


  2. criminal process, or under process of the family court for an act that would be considered a crime


  3. if committed by an adult, any person with mental psychiatric disability, as defined in this chapter,


  4. shall have recourse to or be dealt with as provided in this chapter, exclusively. This section shall


  5. prevail notwithstanding the provisions of § 14-1-5(1)(v).


  6. SECTION 8. Sections 40.1-5.3-1, 40.1-5.3-2 and 40.1-5.3-3 of the General Laws in


  7. Chapter 40.1-5.3 entitled "Incompetency to Stand Trial and Persons Adjudged Not Guilty by


  8. Reason of Insanity" are hereby amended to read as follows:


  9. 40.1-5.3-1. Facility for incompetent persons and others.


  10. (a) The state director of behavioral healthcare, developmental disabilities and hospitals


  11. shall maintain, at the state institution of Cranston, an appropriate facility appropriate facilities,


  12. including the Rhode Island State Psychiatric Hospital and the Eleanor Slater Hospital, for the


  13. confinement of persons committed to his or her custody pursuant to this chapter and shall provide


  14. for the proper care, treatment, and restraint of all such persons. All persons now or hereafter


  15. committed, pursuant to the provisions of §§ 40.1-5.3-3, 40.1-5.3-4, 40.1-5.3-7, or the provisions of


  16. prior law, shall be removed or committed, as the case may be, to the facility to the facility into the


  17. custody of the director, or his or her designee, who in turn shall ensure the admission of the person


  18. to either the Rhode Island State Psychiatric Hospital or the Eleanor Slater Hospital in the discretion


  19. of the director or his or her designee.


  20. (b) The cost of care, maintenance, and treatment of persons committed to the custody of


  21. the director of behavioral healthcare, developmental disabilities and hospitals, as provided in §§


  22. 40.1-5.3-3 and 40.1-5.3-4, unless otherwise provided for, shall be paid by the person, if he or she


  23. has any estate, or by the person liable for his or her support, if such there be; otherwise, the director


24 may maintain without charge or defray the expense of care and treatment of the poor or indigent


  1. persons incompetent to stand trial or acquitted on the grounds of insanity.


  2. 40.1-5.3-2. Transfers to and from general wards Transfers between state-operated


  3. hospitals.


  4. Whenever any person committed, transferred, or removed to either the Rhode Island State


  5. Psychiatric Hospital or the Eleanor Slater Hospital to the facility provided for in § 40.1-5.3-1 shall


  6. have recovered his or her mental health sufficiently, or if any such person requires more intensive


  7. treatment or supervision to be cared for in the general wards of the institute of mental health, the


  8. director may, upon request of the superintendent chief executive officer or the chief medical officer


  9. of the state either state-operated hospital, transfer discharge the person to the general wards of the


  10. state hospital, and retransfer him or her to the facility provided for in § 40.1-5.3-1 upon a like

  1. request from the first hospital and then admit the person to the general units of either the Rhode


  2. Island State Psychiatric Hospital or Eleanor Slater Hospital, as the case may be.


  3. 40.1-5.3-3. Competency to stand trial.


  4. (a) Definitions. As used in this section:


  5. (1) "Attorney for the state" means the attorney general, an authorized assistant attorney


  6. general, or other person as may be authorized by law to act as a representative of the state in a


  7. criminal proceeding;


  8. (2) "Competent" or "competency" means mental ability to stand trial. A person is mentally


  9. competent to stand trial if he or she is able to understand the character and consequences of the


  10. proceedings against him or her and is able properly to assist in his or her defense;


  11. (3) "Department" means the state department of behavioral healthcare, developmental


  12. disabilities and hospitals.


  13. (4) "Director" means the director of the state department of behavioral healthcare,


  14. developmental disabilities and hospitals;


  15. (5) "Incompetent" or "incompetency" means mentally incompetent to stand trial. A person


  16. is mentally incompetent to stand trial if he or she is unable to understand the character and


  17. consequences of the proceedings against him or her or is unable properly to assist in his or her


  18. defense.


  19. (b) Presumption of competency. A defendant is presumed competent. The burden of


  20. proving that the defendant is not competent shall be by a preponderance of the evidence, and the


  21. burden of going forward with the evidence shall be on the party raising the issue. The burden of


  22. going forward shall be on the state if the court raises the issue.


  23. (c) Request for examination. If at any time during a criminal proceeding, prior to the


  24. imposition of sentence, it appears that the defendant is not competent, counsel for the defendant or


  25. the state, or the court, on its own motion, may request an examination to determine the defendant's


  26. competency.


  27. (d) Examination of defendant.


  28. (1) If the court finds that the request for examination is justified, the court shall order an


  29. examination of the defendant. The scope of the examination shall be limited to the question of


  30. whether the defendant is competent.


  31. (2) The examination shall take place on an outpatient basis if the defendant is to be released


  32. on bail or recognizance. If the defendant is ordered confined at the adult correctional institutions,


  33. the examination shall take place at that facility. The department shall appoint or designate the


  34. physician(s) who will conduct the examinations.

  1. (3) If the defendant is ordered confined to the adult correctional institutions, the physician


  2. shall complete the examination within five (5) days. If the physician determines that the defendant


  3. is incompetent to stand trial, the defendant shall be immediately transferred for admission to the


  4. institute of mental health's forensic unit Rhode Island State Psychiatric Hospital or the Eleanor


  5. Slater Hospital, pending the hearing provided for in subsection (g). At the discretion of the director,


  6. pending the hearing provided for in subsection (g), the defendant may be discharged from one state-


  7. operated hospital for the purpose of contemporaneously admitting the defendant to the other state-


  8. operated hospital pursuant to the procedures enumerated in§ 40.1-5.3-2.


  9. (e) Bail or recognizance during examination.


  10. (1) A defendant for whom a competency examination has been ordered shall be entitled to


  11. release on bail or recognizance to the same extent and on the same terms and conditions as if the


  12. issue of competency had not been raised.


  13. (2) The court may order the defendant to appear at a designated time and place for


  14. outpatient examination, and such an appearance may be made a condition of pretrial release.


  15. (f) Reports of examining physicians. Each examining physician shall prepare a report, in


  16. writing, in which he or she shall state his or her findings concerning the defendant's competency,


  17. together with the medical and other data upon which his or her findings are based. The report shall


  18. be filed with the court within ten (10) business days if the defendant was ordered confined at the


  19. adult correctional institutions, and as soon as practicable if the defendant was released on bail or


  20. recognizance, and copies given to the attorney for the state and to the defendant or his or her


  21. counsel.


  22. (g) Hearing. Upon receipt of the report and appropriate notice to the parties, the court shall


  23. hold a hearing unless the report concludes that the defendant is competent and the defendant and


  24. the attorney for the state in open court state their assent to the findings on the record. At the hearing,


  25. the report shall be introduced, other evidence bearing on the defendant's competence may be


  26. introduced by the parties, and the defendant may testify, confront witnesses, and present evidence


  27. on the issue of his or her competency. On the basis of the evidence introduced at the hearing, the


  28. court shall decide if the defendant is competent.


  29. (h) Commitment of the defendant.


  30. (1) If the court finds, after the hearing, that a defendant is competent, it shall proceed with


  31. the criminal case.


  32. (2) If the court finds that a defendant is incompetent, it shall commit him or her to the


  33. custody of the director for the purpose of determining whether or not the defendant is likely to


  34. imperil the peace and safety of the people of the state or the safety of himself or herself and whether

  1. the defendant will regain competency within the maximum period of any placement under this


  2. chapter.


  3. (3) Not later than fifteen (15) days from the date of the order of commitment, the director


  4. shall prepare and file with the court a written report in which he or she shall state his or her opinion


  5. regarding the defendant's dangerousness; the likelihood of the defendant becoming competent to


  6. stand trial within the maximum period of any placement order; and the recommendations of the


  7. department regarding appropriate care and treatment of the defendant.


  8. (4) In the event the director is unable to complete the examination of the person in time to


  9. render his or her report within the fifteen-day (15) period, he or she shall report that fact, in writing,


  10. to the court with a statement of the reasons why the examination and report could not be completed


  11. within the prescribed period. A copy of the director's statement shall be given to the attorney general


  12. and to the defendant, or his or her counsel, any of whom may respond in writing, or if the court


  13. deems it appropriate, orally, to the director's statement. The court may thereupon enter an order


  14. extending for an additional twenty (20) days the time in which the director is to file his or her report.


  15. (i) Hearing.


  16. (1) Upon receipt of the report and appropriate notice to the director, the attorney general,


  17. and the defendant, or his or her counsel, the court shall hold a hearing at which the report shall be


  18. introduced, other evidence bearing on the question of the mental condition of the person may be


  19. introduced by the parties, and the person may testify, confront witnesses, and present evidence.


  20. (2) If the court finds that a defendant who is incompetent may be placed on outpatient status


  21. without imperiling the peace or safety of the public or the safety of himself or herself, it may


  22. commit the defendant to an appropriate outpatient facility that agrees to provide treatment to the


  23. defendant and to adhere to the requirements of this section, in order that the defendant may receive


  24. treatment to restore or establish his or her competency.


  25. (3) If the court finds that a defendant who is incompetent is likely to imperil the peace or


  26. safety of the people of the state or the peace and safety of himself or herself, it may order the


  27. defendant to the facility established Rhode Island State Psychiatric Hospital or the Eleanor Slater


  28. Hospital, pursuant to § 40.1-5.3-1 or to the general wards of the institute of mental health, if the


  29. director agrees that the defendant should be placed on the general wards. A person who is ordered


  30. to be treated on inpatient status shall not be paroled, furloughed, placed on outpatient status or


  31. removed from a locked facility, or otherwise released from the institution where he or she is being


  32. treated except upon petition to the court by the director, on notice to the attorney general and the


  33. defendant, or his or her counsel, and after hearing thereon and entry of an order by a judge of the


  34. court authorizing release. The commitment ordered pursuant to this section shall terminate upon

  1. the occurrence of any of the following:


  2. (i) The defendant is determined by the court to be competent; or


  3. (ii) The charges against the defendant are dismissed pursuant to subsection (j); or


  4. (iii) The charges against the defendant are dismissed or a nolle prosequi is entered; or


  5. (iv) The defendant is civilly committed pursuant to § 40.1-5-8; or


  6. (v) The court finds there is no reasonable likelihood that in the foreseeable future the


  7. defendant will become competent and his or her condition is such that he or she cannot properly be


  8. committed under § 40.1-5-8.


  9. (j) Period of commitment. When a court commits a defendant pursuant to subsection (i)(2)


  10. or (i)(3), it shall compute, counting from the date of entry to the order of commitment, the date of


  11. the expiration of the period of time equal to two thirds (⅔) of the maximum term of imprisonment


  12. for the most serious offense with which the defendant is charged. If the maximum term for the most


  13. serious offense charged is life imprisonment or death, the court shall, for the purpose of


  14. computation, deem the offense to be punishable by a maximum term of thirty (30) years. In the


  15. order of commitment, the court shall provide that if, on the date so computed, the defendant is still


  16. committed under the order, the charges against him or her shall be dismissed.


  17. (k) Periodic review. The director shall petition the court to review the state of competency


  18. of a defendant committed pursuant to subsection (i)(2) or (i)(3) not later than six (6) months from


  19. the date of the order of commitment and every six (6) months thereafter, or when the director


  20. believes the defendant is no longer incompetent, whichever occurs first. Outpatient facilities that


  21. are providing treatment to defendants in accordance with subsection (i)(2) shall prepare reports to


  22. be submitted to the director in accordance with the requirements of this section. The director shall


  23. attach to the petition a report on the condition of the defendant. If the report indicates that the


  24. defendant remains incompetent, it shall include a prognosis regarding the likelihood that he or she


  25. will become competent prior to the dismissal of the charges pursuant to subsection (j). Copies of


  26. the report shall be given to the attorney for the state and to the defendant or his or her counsel.


  27. (l) Defendant's right to petition. A defendant committed pursuant to subsection (i)(2) or


  28. (i)(3) may at any time petition the court to review the state of his or her competency.


  29. (m) Hearing on petition. Upon receipt of a petition pursuant to subsection (k) or (l) and


  30. appropriate notice to the defendant, the state, and the director, the court shall hold a hearing at


  31. which the parties may introduce evidence as to the defendant's competency, including any reports


  32. of the director, and the defendant may testify, confront witnesses, and present evidence as to his or


  33. her competency and prognosis. On the basis of the evidence, the court shall make a finding as to


  34. the defendant's competency and, if he or she is found to be incompetent, whether a reasonable

  1. likelihood exists that he or she will become competent prior to the dismissal of the charges pursuant


  2. to subsection (j). If the court finds that the defendant is competent, it shall enter an order to that


  3. effect. If the court finds that the defendant is incompetent and that a reasonable likelihood exists


  4. that he or she will become competent prior to the dismissal of the charges pursuant to subsection


  5. (j), it shall order continuation of the commitment of the defendant. If the court finds that the


  6. defendant is incompetent and that a reasonable likelihood does not exist that he or she will become


  7. competent prior to the dismissal of the charges pursuant to subsection (j), it shall order that thirty


  8. (30) days thereafter the defendant be discharged from detention under the order of commitment.


  9. Upon entry of the order, the state may commence proceedings seeking to commit the defendant


  10. pursuant to § 40.1-5-8.


  11. (n) Statements inadmissible. No statements made by a defendant in the course of an


  12. examination conducted pursuant to subsection (d) or during a hearing conducted pursuant to


  13. subsection (i) or (m) shall be admissible in evidence against the defendant in any criminal action


  14. on any issue other than his or her mental condition. The statements shall be admissible on the issue


  15. of his or her mental condition even though they might otherwise be deemed to be privileged


  16. communications.


  17. (o) Disposition of charges. The court may, at any time, proceed to a disposition of the


  18. charges pending against a defendant who has been committed pursuant to subsection (i)(2) or (i)(3)


  19. if the factual and legal issues involved can be resolved without regard to the competency of the


  20. defendant.


  21. SECTION 9. Sections 42-12.1-4 and 42-12.1-9 of the General Laws in Chapter 42-12.1


  22. entitled "Department of Behavioral Healthcare, Developmental Disabilities and Hospitals" are


  23. hereby amended to read as follows:


  24. 42-12.1-4. Management of institutions.


  25. The department of behavioral healthcare, developmental disabilities and hospitals shall


  26. have the management, supervision, and control of both the Eleanor Slater Hospital and the Rhode


  27. Island State Psychiatric Hospital, and such other functions as have been or may be assigned. The


  28. director of the department may delegate to another employee of the department any functions


  29. related to the separate management, supervision and control of the state-operated hospitals. The


  30. department also shall operate, maintain, and repair the buildings, grounds, and other physical


  31. property at those institutions, other than the roads and driveways, which shall be under the care and


  32. supervision of the department of transportation.


  33. 42-12.1-9. The Eleanor Slater Hospital.


  34. The facilities known as the general hospital, the institution of mental health and the Dr. U.

    1. E. Zambarano within the state of Rhode Island shall hereafter be named the "Eleanor Slater


    2. Hospital." The hospital known as the Eleanor Slater Hospital shall consist of facilities in Cranston


    3. and/or Burrillville, or any units of such facilities, as licensed by the department of health.


    4. SECTION 10. Chapter 42-12.1 of the General Laws entitled "Department of Behavioral


    5. Healthcare, Developmental Disabilities and Hospitals" is hereby amended by adding thereto the


    6. following section:


    7. 42-12.1-10. The Rhode Island State Psychiatric Hospital.


    8. (a) A new hospital is hereby established to furnish care to any adult patient in Rhode Island


    9. requiring inpatient psychiatric care, and who meets at least one of the following criteria:


    10. (1) The individual has been determined to require specialized mental health care and


    11. psychiatric inpatient services that cannot be provided in a correctional facility as defined in § 40.1-


12 5.3-7:


  1. (2) The individual has been ordered to inpatient care by a court of competent jurisdiction


  2. for the purpose of competency evaluation, competency restoration, if indicated, and treatment;


  3. (3) The individual has been ordered to the forensic unit after a finding of not guilty by


  4. reason of insanity until such time, subject to a determination of the director or his/her designee, the


  5. individual may be safely managed in a civil unit of Eleanor Slater Hospital;


  6. (4) The individual has been transferred to the Rhode Island State Psychiatric Hospital from


  7. the department of corrections when specialized services are required that are better provided in a


  8. hospital setting and are provided until such time. in the discretion of the director, the patient's


  9. condition has improved to the point at which the patient may be returned to the adult correctional


  10. institutions and to receive sufficient treatment, as approved by a judge of the district court or a


  11. justice of the superior court pursuant the applicable procedures and requirements of sections 6, 7,


  12. 8, 9 and/or 9.1 of chapter 5.3 of title 40.1.


  13. (b) The new hospital shall be named the Rhode Island State Psychiatric Hospital and shall


  14. consist of facilities, or any units of such facilities, on the grounds of the John O. Pastore Center in


  15. Cranston. Rhode Island, as licensed by the department of health.


  16. (c) The Rhode Island State Psychiatric Hospital shall be operated by the department of


  17. behavioral healthcare, developmental disabilities and hospitals and shall be licensed by the


  18. department of health pursuant to chapter 17 of title 23; however, the Rhode Island State Psychiatric


  19. Hospital shall be a separate licensed entity from the Eleanor Slater Hospital; and


  20. (d) The director of the department of behavioral healthcare, developmental disabilities and


  21. hospitals is authorized to take such actions as may be necessary or prudent to establish the Rhode


  22. Island State Psychiatric Hospital consistent with this chapter.

1 SECTION 11. This article shall take effect upon passage.

=======

art.012/7/012/6/012/5/012/4/012/3/012/2/012/1

=======


  1. ARTICLE 12 AS AMENDED


  2. RELATING TO MEDICAL ASSISTANCE



  3. SECTION 1. Sections 12-1.6-1 and 12-1.6-2 of the General Laws in Chapter 12-1.6 entitled


  4. "National Criminal Records Check System" are hereby amended to read as follows:


  5. 12-1.6-1. Automated fingerprint identification system database.


  6. The department of attorney general may establish and maintain an automated fingerprint


  7. identification system database that would allow the department to store and maintain all fingerprints


  8. submitted in accordance with the national criminal records check system. The automated


  9. fingerprint identification system database would provide for an automatic notification if, and when,


  10. a subsequent criminal arrest fingerprint card is submitted to the system that matches a set of


  11. fingerprints previously submitted in accordance with a national criminal records check. If the


  12. aforementioned arrest results in a conviction, the department shall immediately notify those


  13. individuals and entities with which that individual is associated and who are required to be notified


  14. of disqualifying information concerning national criminal records checks as provided in chapters


15 17, 17.4, 17.7.1 of title 23 or § 23-1-52 and 42-7.2 of title 42 or §§ 42-7.2-18.2 and 42-7.2-18.4.


  1. The information in the database established under this section is confidential and not subject to


  2. disclosure under chapter 38-2.


  3. 12-1.6-2. Long-term healthcare workers Long-term healthcare workers -- High-risk


  4. Medicaid providers and personal care attendants.


  5. The department of attorney general shall maintain an electronic, web-based system to assist


  6. facilities, licensed under chapters 17, 17.4, 17.7.1 of title 23 or § 23-1-52, and the executive office


  7. of health and human services under §§ 42-7.2-18.1 and 42-7.2-18.3, required to check relevant


  8. registries and conduct national criminal records checks of routine contact patient employees.,


  9. personal care attendants and high-risk providers. The department of attorney general shall provide


  10. for an automated notice, as authorized in § 12-1.6-1, to those facilities or to the executive office of


  11. health and human services if a routine-contact patient employee, personal care attendant or high-


  12. risk provider is subsequently convicted of a disqualifying offense, as described in the relevant


  13. licensing statute or in §§ 42-7.2-18.2 and 42-7.2-18.4. The department of attorney general may


  14. charge a facility a one-time, set-up fee of up to one hundred dollars ($100) for access to the


  15. electronic web-based system under this section.

    1. SECTION 2. Sections 40-8-13.4 and 40-8-19 of the General Laws in Chapter 40-8 entitled


    2. "Medical Assistance" are hereby amended to read as follows:


    3. 40-8-13.4. Rate methodology for payment for in-state and out-of-state hospital


    4. services.


    5. (a) The executive office of health and human services ("executive office") shall implement


    6. a new methodology for payment for in-state and out-of-state hospital services in order to ensure


    7. access to, and the provision of, high-quality and cost-effective hospital care to its eligible recipients.


    8. (b) In order to improve efficiency and cost-effectiveness, the executive office shall:


    9. (1)(i) With respect to inpatient services for persons in fee-for-service Medicaid, which is


    10. non-managed care, implement a new payment methodology for inpatient services utilizing the


    11. Diagnosis Related Groups (DRG) method of payment, which is, a patient-classification method


    12. that provides a means of relating payment to the hospitals to the type of patients cared for by the


    13. hospitals. It is understood that a payment method based on DRG may include cost outlier payments


    14. and other specific exceptions. The executive office will review the DRG-payment method and the


    15. DRG base price annually, making adjustments as appropriate in consideration of such elements as


    16. trends in hospital input costs; patterns in hospital coding; beneficiary access to care; and the Centers


    17. for Medicare and Medicaid Services national CMS Prospective Payment System (IPPS) Hospital


    18. Input Price index. For the twelve-month (12) period beginning July 1, 2015, the DRG base rate for


    19. Medicaid fee-for-service inpatient hospital services shall not exceed ninety-seven and one-half


    20. percent (97.5%) of the payment rates in effect as of July 1, 2014. Beginning July 1, 2019, the DRG


    21. base rate for Medicaid fee-for-service inpatient hospital services shall be 107.2% of the payment


    22. rates in effect as of July 1, 2018. Increases in the Medicaid fee-for-service DRG hospital payments


    23. for the twelve-month (12) period beginning July 1, 2020, shall be based on the payment rates in


    24. effect as of July 1 of the preceding fiscal year, and shall be the Centers for Medicare and Medicaid


    25. Services national Prospective Payment System (IPPS) Hospital Input Price Index. Beginning July


    26. 1, 2022, the DRG base rate for Medicaid fee-for-service inpatient hospital services shall be one


    27. hundred five percent (105%) of the payment rates in effect as of July 1, 2021. Increases in the


    28. Medicaid fee-for-service DRG hospital payments for each annual twelve-month (12) period


    29. beginning July 1, 2023, shall be based on the payment rates in effect as of July 1 of the preceding


    30. fiscal year, and shall be the Centers for Medicare and Medicaid Services national Prospective


    31. Payment System (IPPS) Hospital Input Price Index.


    32. (ii) With respect to inpatient services, (A) It is required as of January 1, 2011, until


    33. December 31, 2011, that the Medicaid managed care payment rates between each hospital and


    34. health plan shall not exceed ninety and one-tenth percent (90.1%) of the rate in effect as of June

  1. 30, 2010. Increases in inpatient hospital payments for each annual twelve-month (12) period


  2. beginning January 1, 2012, may not exceed the Centers for Medicare and Medicaid Services


  3. national CMS Prospective Payment System (IPPS) Hospital Input Price index for the applicable


  4. period; (B) Provided, however, for the twenty-four-month (24) period beginning July 1, 2013, the


  5. Medicaid managed care payment rates between each hospital and health plan shall not exceed the


  6. payment rates in effect as of January 1, 2013, and for the twelve-month (12) period beginning July


  7. 1, 2015, the Medicaid managed care payment inpatient rates between each hospital and health plan


  8. shall not exceed ninety-seven and one-half percent (97.5%) of the payment rates in effect as of


9 January 1, 2013; (C) Increases in inpatient hospital payments for each annual twelve-month (12)


  1. period beginning July 1, 2017, shall be the Centers for Medicare and Medicaid Services national


  2. CMS Prospective Payment System (IPPS) Hospital Input Price Index, less Productivity


  3. Adjustment, for the applicable period and shall be paid to each hospital retroactively to July 1; (D)


  4. Beginning July 1, 2019, the Medicaid managed care payment inpatient rates between each hospital


  5. and health plan shall be 107.2% of the payment rates in effect as of January 1, 2019, and shall be


  6. paid to each hospital retroactively to July 1; (E) Increases in inpatient hospital payments for each


  7. annual twelve-month (12) period beginning July 1, 2020, shall be based on the payment rates in


  8. effect as of January 1 of the preceding fiscal year, and shall be the Centers for Medicare and


  9. Medicaid Services national CMS Prospective Payment System (IPPS) Hospital Input Price Index,


  10. less Productivity Adjustment, for the applicable period and shall be paid to each hospital


  11. retroactively to July 1; the executive office will develop an audit methodology and process to assure


  12. that savings associated with the payment reductions will accrue directly to the Rhode Island


  13. Medicaid program through reduced managed care plan payments and shall not be retained by the


  14. managed care plans; (F) Beginning July 1, 2022, the Medicaid managed care payment inpatient


  15. rates between each hospital and health plan shall be one hundred five percent (105%) of the


  16. payment rates in effect as of January 1, 2022, and shall be paid to each hospital retroactively to July


  17. 1 within ninety days of passage; (G) Increases in inpatient hospital payments for each annual


  18. twelve-month (12) period beginning July 1, 2023, shall be based on the payment rates in effect as


  19. of January 1 of the preceding fiscal year, and shall be the Centers for Medicare and Medicaid


  20. Services national CMS Prospective Payment System (IPPS) Hospital Input Price Index, less


  21. Productivity Adjustment, for the applicable period and shall be paid to each hospital retroactively


  22. to July 1 within ninety days of passage; (F)(H) All hospitals licensed in Rhode Island shall accept


  23. such payment rates as payment in full; and (G)(I) For all such hospitals, compliance with the


  24. provisions of this section shall be a condition of participation in the Rhode Island Medicaid


  25. program.

    1. (2) With respect to outpatient services and notwithstanding any provisions of the law to the


    2. contrary, for persons enrolled in fee-for-service Medicaid, the executive office will reimburse


    3. hospitals for outpatient services using a rate methodology determined by the executive office and


    4. in accordance with federal regulations. Fee-for-service outpatient rates shall align with Medicare


    5. payments for similar services. Notwithstanding the above, there shall be no increase in the


    6. Medicaid fee-for-service outpatient rates effective on July 1, 2013, July 1, 2014, or July 1, 2015.


    7. For the twelve-month (12) period beginning July 1, 2015, Medicaid fee-for-service outpatient rates


    8. shall not exceed ninety-seven and one-half percent (97.5%) of the rates in effect as of July 1, 2014.


    9. Increases in the outpatient hospital payments for the twelve-month (12) period beginning July 1,


    10. 2016, may not exceed the CMS national Outpatient Prospective Payment System (OPPS) Hospital


    11. Input Price Index. Beginning July 1, 2019, the Medicaid fee-for-service outpatient rates shall be


    12. 107.2% of the payment rates in effect as of July 1, 2018. Increases in the outpatient hospital


    13. payments for the twelve-month (12) period beginning July 1, 2020, shall be based on the payment


    14. rates in effect as of July 1 of the preceding fiscal year, and shall be the CMS national Outpatient


    15. Prospective Payment System (OPPS) Hospital Input Price Index. Beginning July 1, 2022, the


    16. Medicaid fee-for-service outpatient rates shall be one hundred five percent (105%) of the payment


    17. rates in effect as of July 1. 2021. Increases in the outpatient hospital payments for each annual


    18. twelve-month (12) period beginning July 1, 2023, shall be based on the payment rates in effect as


    19. of July 1 of the preceding fiscal year, and shall be the CMS national Outpatient Prospective


    20. Payment System (OPPS) Hospital Input Price Index. With respect to the outpatient rate, (i) It is


    21. required as of January 1, 2011, until December 31, 2011, that the Medicaid managed care payment


    22. rates between each hospital and health plan shall not exceed one hundred percent (100%) of the


    23. rate in effect as of June 30, 2010; (ii) Increases in hospital outpatient payments for each annual


    24. twelve-month (12) period beginning January 1, 2012, until July 1, 2017, may not exceed the Centers


    25. for Medicare and Medicaid Services national CMS Outpatient Prospective Payment System OPPS


    26. hospital price index for the applicable period; (iii) Provided, however, for the twenty-four-month


    27. (24) period beginning July 1, 2013, the Medicaid managed care outpatient payment rates between


    28. each hospital and health plan shall not exceed the payment rates in effect as of January 1, 2013,


    29. and for the twelve-month (12) period beginning July 1, 2015, the Medicaid managed care outpatient


    30. payment rates between each hospital and health plan shall not exceed ninety-seven and one-half


    31. percent (97.5%) of the payment rates in effect as of January 1, 2013; (iv) Increases in outpatient


    32. hospital payments for each annual twelve-month (12) period beginning July 1, 2017, shall be the


    33. Centers for Medicare and Medicaid Services national CMS OPPS Hospital Input Price Index, less


    34. Productivity Adjustment, for the applicable period and shall be paid to each hospital retroactively

  1. to July 1; (v) Beginning July 1, 2019, the Medicaid managed care outpatient payment rates between


  2. each hospital and health plan shall be one hundred seven and two-tenths percent (107.2%) of the


  3. payment rates in effect as of January 1, 2019 and shall be paid to each hospital retroactively to July


  4. 1; (vi) Increases in outpatient hospital payments for each annual twelve-month (12) period


  5. beginning July 1, 2020, shall be based on the payment rates in effect as of January 1 of the preceding


  6. fiscal year, and shall be the Centers for Medicare and Medicaid Services national CMS OPPS


  7. Hospital Input Price Index, less Productivity Adjustment, for the applicable period and shall be


  8. paid to each hospital retroactively to July 1; (vii) Beginning July 1. 2022. the Medicaid managed


  9. care outpatient payment rates between each hospital and health plan shall be one hundred five


  10. percent (105%) of the payment rates in effect as of January 1, 2022 and shall be paid to each hospital


  11. retroactively to July 1 within ninety days of passage; (viii) Increases in outpatient hospital payments


  12. for each annual twelve-month (12) period beginning July 1, 2020. shall be based on the payment


  13. rates in effect as of January 1 of the preceding fiscal year, and shall be the Centers for Medicare


  14. and Medicaid Services national CMS OPPS Hospital Input Price Index, less Productivity


  15. Adjustment, for the applicable period and shall be paid to each hospital retroactively to July 1.


  16. (3) "Hospital," as used in this section, shall mean the actual facilities and buildings in


  17. existence in Rhode Island, licensed pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter


  18. any premises included on that license, regardless of changes in licensure status pursuant to chapter


  19. 17.14 of title 23 (hospital conversions) and § 23-17-6(b) (change in effective control), that provides


  20. short-term, acute inpatient and/or outpatient care to persons who require definitive diagnosis and


  21. treatment for injury, illness, disabilities, or pregnancy. Notwithstanding the preceding language,


  22. the Medicaid managed care payment rates for a court-approved purchaser that acquires a hospital


  23. through receivership, special mastership or other similar state insolvency proceedings (which court-


  24. approved purchaser is issued a hospital license after January 1, 2013), shall be based upon the new


  25. rates between the court-approved purchaser and the health plan, and such rates shall be effective as


  26. of the date that the court-approved purchaser and the health plan execute the initial agreement


  27. containing the new rates. The rate-setting methodology for inpatient-hospital payments and


  28. outpatient-hospital payments set forth in subsections (b)(1)(ii)(C) and (b)(2), respectively, shall


  29. thereafter apply to increases for each annual twelve-month (12) period as of July 1 following the


  30. completion of the first full year of the court-approved purchaser's initial Medicaid managed care


  31. contract.


  32. (c) It is intended that payment utilizing the DRG method shall reward hospitals for


  33. providing the most efficient care, and provide the executive office the opportunity to conduct value-


  34. based purchasing of inpatient care.

  1. (d) The secretary of the executive office is hereby authorized to promulgate such rules and


  2. regulations consistent with this chapter, and to establish fiscal procedures he or she deems


  3. necessary, for the proper implementation and administration of this chapter in order to provide


  4. payment to hospitals using the DRG-payment methodology. Furthermore, amendment of the Rhode


  5. Island state plan for Medicaid, pursuant to Title XIX of the federal Social Security Act, 42 U.S.C.


  6. § 1396 et seq., is hereby authorized to provide for payment to hospitals for services provided to


  7. eligible recipients in accordance with this chapter.


  8. (e) The executive office shall comply with all public notice requirements necessary to


  9. implement these rate changes.


  10. (f) As a condition of participation in the DRG methodology for payment of hospital


  11. services, every hospital shall submit year-end settlement reports to the executive office within one


  12. year from the close of a hospital's fiscal year. Should a participating hospital fail to timely submit


  13. a year-end settlement report as required by this section, the executive office shall withhold


  14. financial-cycle payments due by any state agency with respect to this hospital by not more than ten


  15. percent (10%) until the report is submitted. For hospital fiscal year 2010 and all subsequent fiscal


  16. years, hospitals will not be required to submit year-end settlement reports on payments for


  17. outpatient services. For hospital fiscal year 2011 and all subsequent fiscal years, hospitals will not


  18. be required to submit year-end settlement reports on claims for hospital inpatient services. Further,


  19. for hospital fiscal year 2010, hospital inpatient claims subject to settlement shall include only those


  20. claims received between October 1, 2009, and June 30, 2010.


  21. (g) The provisions of this section shall be effective upon implementation of the new


  22. payment methodology set forth in this section and § 40-8-13.3, which shall in any event be no later


23 than March 30, 2010, at which time the provisions of §§ 40-8-13.2, 27-19-14, 27-19-15, and 27-


  1. 19-16 shall be repealed in their entirety.


  2. 40-8-19. Rates of payment to nursing facilities.


  3. (a) Rate reform.


  4. (1) The rates to be paid by the state to nursing facilities licensed pursuant to chapter 17 of


  5. title 23, and certified to participate in Title XIX of the Social Security Act for services rendered to


  6. Medicaid-eligible residents, shall be reasonable and adequate to meet the costs that must be


  7. incurred by efficiently and economically operated facilities in accordance with 42 U.S.C. §


  8. 1396a(a)(13). The executive office of health and human services ("executive office") shall


  9. promulgate or modify the principles of reimbursement for nursing facilities in effect as of July 1,


  10. 2011, to be consistent with the provisions of this section and Title XIX, 42 U.S.C. § 1396 et seq.,


  11. of the Social Security Act.

    1. (2) The executive office shall review the current methodology for providing Medicaid


    2. payments to nursing facilities, including other long-term-care services providers, and is authorized


    3. to modify the principles of reimbursement to replace the current cost-based methodology rates with


    4. rates based on a price-based methodology to be paid to all facilities with recognition of the acuity


    5. of patients and the relative Medicaid occupancy, and to include the following elements to be


    6. developed by the executive office:


    7. (i) A direct-care rate adjusted for resident acuity;


    8. (ii) An indirect-care rate comprised of a base per diem for all facilities;


    9. (iii) A rearray of costs for all facilities every three (3) years beginning October, 2015, that


10 may or may not result in automatic per diem revisions Revise rates as necessary based on increases


  1. in direct and indirect costs beginning October 2024 utilizing data from the most recent finalized


  2. year of facility cost report. The per diem rate components deferred in subsections (a)(2)(i) and


  3. (a)(2)(ii) of this section shall be adjusted accordingly to reflect changes in direct and indirect care


  4. costs since the previous rate review;


  5. (iv) Application of a fair-rental value system;


  6. (v) Application of a pass-through system; and


  7. (vi) Adjustment of rates by the change in a recognized national nursing home inflation


  8. index to be applied on October 1 of each year, beginning October 1, 2012. This adjustment will not


  9. occur on October 1, 2013, October 1, 2014, or October 1, 2015, but will occur on April 1, 2015.


  10. The adjustment of rates will also not occur on October 1, 2017, October 1, 2018, and October 1,


  11. 2019., and October 2022. Effective July 1, 2018, rates paid to nursing facilities from the rates


  12. approved by the Centers for Medicare and Medicaid Services and in effect on October 1, 2017,


  13. both fee-for-service and managed care, will be increased by one and one-half percent (1.5%) and


  14. further increased by one percent (1%) on October 1, 2018, and further increased by one percent


  15. (1%) on October 1, 2019. Effective October 1, 2022, rates paid to nursing facilities from the rates


  16. approved by the Centers for Medicare and Medicaid Services and in effect on October 1, 2021,


  17. both fee-for-service and managed care, will be increased by three percent (3%). In addition to the


  18. annual nursing home inflation index adjustment, there shall be a base rate staffing adjustment of


  19. one-half percent (0.5%) on October 1, 2021, one percent (1.0%) on October 1, 2022, and one and


  20. one-half percent (1.5%) on October 1, 2023. The inflation index shall be applied without regard for


  21. the transition factors in subsections (b)(1) and (b)(2). For purposes of October 1, 2016, adjustment


  22. only, any rate increase that results from application of the inflation index to subsections (a)(2)(i)


  23. and (a)(2)(ii) shall be dedicated to increase compensation for direct-care workers in the following


  24. manner: Not less than 85% of this aggregate amount shall be expended to fund an increase in wages,

  1. benefits, or related employer costs of direct-care staff of nursing homes. For purposes of this


  2. section, direct-care staff shall include registered nurses (RNs), licensed practical nurses (LPNs),


  3. certified nursing assistants (CNAs), certified medical technicians, housekeeping staff, laundry staff,


  4. dietary staff, or other similar employees providing direct-care services; provided, however, that this


  5. definition of direct-care staff shall not include: (i) RNs and LPNs who are classified as "exempt


  6. employees" under the federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.); or (ii) CNAs,


  7. certified medical technicians, RNs, or LPNs who are contracted, or subcontracted, through a third-


  8. party vendor or staffing agency. By July 31, 2017, nursing facilities shall submit to the secretary,


  9. or designee, a certification that they have complied with the provisions of this subsection (a)(2)(vi)


  10. with respect to the inflation index applied on October 1, 2016. Any facility that does not comply


  11. with terms of such certification shall be subjected to a clawback, paid by the nursing facility to the


  12. state, in the amount of increased reimbursement subject to this provision that was not expended in


  13. compliance with that certification.


  14. (3) Commencing on October 1, 2021, eighty percent (80%) of any rate increase that results


  15. from application of the inflation index to subsections (a)(2)(i) and (a)(2)(ii) of this section shall be


  16. dedicated to increase compensation for all eligible direct-care workers in the following manner on


17 October 1, of each year.


  1. (i) For purposes of this subsection, compensation increases shall include base salary or


  2. hourly wage increases, benefits, other compensation, and associated payroll tax increases for


  3. eligible direct-care workers. This application of the inflation index shall apply for Medicaid


  4. reimbursement in nursing facilities for both managed care and fee-for-service. For purposes of this


  5. subsection, direct-care staff shall include registered nurses (RNs), licensed practical nurses (LPNs),


  6. certified nursing assistants (CNAs), certified medication technicians, licensed physical therapists,


  7. licensed occupational therapists, licensed speech-language pathologists, mental health workers


  8. who are also certified nurse assistants, physical therapist assistants, housekeeping staff, laundry


  9. staff, dietary staff or other similar employees providing direct-care services; provided, however


  10. that this definition of direct-care staff shall not include:


  11. (A) RNs and LPNs who are classified as "exempt employees" under the federal Fair Labor


  12. Standards Act (29 U.S.C. § 201 et seq.); or


  13. (B) CNAs, certified medication technicians, RNs or LPNs who are contracted or


  14. subcontracted through a third-party vendor or staffing agency.


  15. (4) (i) By July 31, 2021, and July 31 of each year thereafter, nursing facilities shall submit


  16. to the secretary or designee a certification that they have complied with the provisions of subsection


  17. (a)(3) of this section with respect to the inflation index applied on October 1. The executive office

  1. of health and human services (EOHHS) shall create the certification form nursing facilities must


  2. complete with information on how each individual eligible employee's compensation increased,


  3. including information regarding hourly wages prior to the increase and after the compensation


  4. increase, hours paid after the compensation increase, and associated increased payroll taxes. A


  5. collective bargaining agreement can be used in lieu of the certification form for represented


  6. employees. All data reported on the compliance form is subject to review and audit by EOHHS.


  7. The audits may include field or desk audits, and facilities may be required to provide additional


  8. supporting documents including, but not limited to, payroll records.


  9. (ii) Any facility that does not comply with the terms of certification shall be subjected to a


  10. clawback and twenty-five percent (25%) penalty of the unspent or impermissibly spent funds, paid


  11. by the nursing facility to the state, in the amount of increased reimbursement subject to this


  12. provision that was not expended in compliance with that certification.


  13. (iii) In any calendar year where no inflationary index is applied, eighty percent (80%) of


  14. the base rate staffing adjustment in that calendar year pursuant to subsection (a)(2)(vi) of this


  15. section shall be dedicated to increase compensation for all eligible direct-care workers in the


  16. manner referenced in subsections (a)(3)(i), (a)(3)(i)(A), and (a)(3)(i)(B) of this section.


  17. (b) Transition to full implementation of rate reform. For no less than four (4) years after


  18. the initial application of the price-based methodology described in subsection (a)(2) to payment


  19. rates, the executive office of health and human services shall implement a transition plan to


  20. moderate the impact of the rate reform on individual nursing facilities. The transition shall include


  21. the following components:


  22. (1) No nursing facility shall receive reimbursement for direct-care costs that is less than


  23. the rate of reimbursement for direct-care costs received under the methodology in effect at the time


  24. of passage of this act; for the year beginning October 1, 2017, the reimbursement for direct-care


  25. costs under this provision will be phased out in twenty-five-percent (25%) increments each year


  26. until October 1, 2021, when the reimbursement will no longer be in effect; and


  27. (2) No facility shall lose or gain more than five dollars ($5.00) in its total, per diem rate the


  28. first year of the transition. An adjustment to the per diem loss or gain may be phased out by twenty-


  29. five percent (25%) each year; except, however, for the years beginning October 1, 2015, there shall


  30. be no adjustment to the per diem gain or loss, but the phase out shall resume thereafter; and


  31. (3) The transition plan and/or period may be modified upon full implementation of facility


  32. per diem rate increases for quality of care-related measures. Said modifications shall be submitted


  33. in a report to the general assembly at least six (6) months prior to implementation.


  34. (4) Notwithstanding any law to the contrary, for the twelve-month (12) period beginning

    1 July 1, 2015, Medicaid payment rates for nursing facilities established pursuant to this section shall


    1. not exceed ninety-eight percent (98%) of the rates in effect on April 1, 2015. Consistent with the


    2. other provisions of this chapter, nothing in this provision shall require the executive office to restore


    3. the rates to those in effect on April 1, 2015, at the end of this twelve-month (12) period.


    4. SECTION 3. Sections 40-8.3-2 and 40-8.3-3 of the General Laws in Chapter 40-8.3 entitled


    5. "Uncompensated Care" are hereby amended to read as follows:


    6. 40-8.3-2. Definitions.


    7. As used in this chapter:


    8. (1) "Base year" means, for the purpose of calculating a disproportionate share payment for


    9. any fiscal year ending after September 30, 2020 2021, the period from October 1, 2018 2019,


    10. through September 30, 2019 2020, and for any fiscal year ending after September 30, 2021 2022,


    11. the period from October 1, 2019, through September 30, 2020.


    12. (2) "Medicaid inpatient utilization rate for a hospital" means a fraction (expressed as a


    13. percentage), the numerator of which is the hospital's number of inpatient days during the base year


    14. attributable to patients who were eligible for medical assistance during the base year and the


    15. denominator of which is the total number of the hospital's inpatient days in the base year.


    16. (3) "Participating hospital" means any nongovernment and nonpsychiatric hospital that:


    17. (i) Was licensed as a hospital in accordance with chapter 17 of title 23 during the base year


    18. and shall mean the actual facilities and buildings in existence in Rhode Island, licensed pursuant to


    19. § 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on that license, regardless


    20. of changes in licensure status pursuant to chapter 17.14 of title 23 (hospital conversions) and § 23-


    21. 17-6(b) (change in effective control), that provides short-term, acute inpatient and/or outpatient


    22. care to persons who require definitive diagnosis and treatment for injury, illness, disabilities, or


    23. pregnancy. Notwithstanding the preceding language, the negotiated Medicaid managed care


    24. payment rates for a court-approved purchaser that acquires a hospital through receivership, special


    25. mastership, or other similar state insolvency proceedings (which court-approved purchaser is issued


    26. a hospital license after January 1, 2013), shall be based upon the newly negotiated rates between


    27. the court-approved purchaser and the health plan, and the rates shall be effective as of the date that


    28. the court-approved purchaser and the health plan execute the initial agreement containing the newly


    29. negotiated rate. The rate-setting methodology for inpatient hospital payments and outpatient


    30. hospital payments set forth in §§ 40-8-13.4(b)(1)(ii)(C) and 40-8-13.4(b)(2), respectively, shall


    31. thereafter apply to negotiated increases for each annual twelve-month (12) period as of July 1


    32. following the completion of the first full year of the court-approved purchaser's initial Medicaid


    33. managed care contract;

  1. (ii) Achieved a medical assistance inpatient utilization rate of at least one percent (1%)


  2. during the base year; and


  3. (iii) Continues to be licensed as a hospital in accordance with chapter 17 of title 23 during


  4. the payment year.


  5. (4) "Uncompensated-care costs" means, as to any hospital, the sum of: (i) The cost incurred


  6. by the hospital during the base year for inpatient or outpatient services attributable to charity care


  7. (free care and bad debts) for which the patient has no health insurance or other third-party coverage


  8. less payments, if any, received directly from such patients; and (ii) The cost incurred by the hospital


  9. during the base year for inpatient or outpatient services attributable to Medicaid beneficiaries less


  10. any Medicaid reimbursement received therefor; multiplied by the uncompensated-care index.


  11. (5) "Uncompensated-care index" means the annual percentage increase for hospitals


  12. established pursuant to § 27-19-14 [repealed] for each year after the base year, up to and including


  13. the payment year; provided, however, that the uncompensated-care index for the payment year


  14. ending September 30, 2007, shall be deemed to be five and thirty-eight hundredths percent (5.38%),


  15. and that the uncompensated-care index for the payment year ending September 30, 2008, shall be


  16. deemed to be five and forty-seven hundredths percent (5.47%), and that the uncompensated-care


  17. index for the payment year ending September 30, 2009, shall be deemed to be five and thirty-eight


  18. hundredths percent (5.38%), and that the uncompensated-care index for the payment years ending


19 September 30, 2010, September 30, 2011, September 30, 2012, September 30, 2013, September


20 30, 2014, September 30, 2015, September 30, 2016, September 30, 2017, September 30, 2018,


21 September 30, 2019, September 30, 2020, September 30, 2021, and September 30, 2022, and


22 September 30, 2023 shall be deemed to be five and thirty hundredths percent (5.30%).


  1. 40-8.3-3. Implementation.


  2. (a) For federal fiscal year 2020, commencing on October 1, 2019, and ending September


  3. 30, 2020, the executive office of health and human services shall submit to the Secretary of the


  4. United States Department of Health and Human Services a state plan amendment to the Rhode


  5. Island Medicaid DSH Plan to provide:


  6. (1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of


  7. $142.4 million, shall be allocated by the executive office of health and human services to the Pool


  8. D component of the DSH Plan; and


  9. (2) That the Pool D allotment shall be distributed among the participating hospitals in direct


  10. proportion to the individual participating hospital's uncompensated-care costs for the base year,


  11. inflated by the uncompensated-care index to the total uncompensated-care costs for the base year


  12. inflated by the uncompensated-care index for all participating hospitals. The disproportionate share

  1. payments shall be made on or before July 13, 2020, and are expressly conditioned upon approval


  2. on or before July 6, 2020, by the Secretary of the United States Department of Health and Human


  3. Services, or his or her authorized representative, of all Medicaid state plan amendments necessary


  4. to secure for the state the benefit of federal financial participation in federal fiscal year 2020 for


  5. the disproportionate share payments.


  6. (b) (a) For federal fiscal year 2021, commencing on October 1, 2020, and ending


7 September 30, 2021, the executive office of health and human services shall submit to the Secretary


  1. of the United States Department of Health and Human Services a state plan amendment to the


  2. Rhode Island Medicaid DSH Plan to provide:


  3. (1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of


  4. $142.5 million, shall be allocated by the executive office of health and human services to the Pool


  5. D component of the DSH Plan; and


  6. (2) That the Pool D allotment shall be distributed among the participating hospitals in direct


  7. proportion to the individual participating hospital's uncompensated-care costs for the base year,


  8. inflated by the uncompensated-care index to the total uncompensated-care costs for the base year


  9. inflated by the uncompensated-care index for all participating hospitals. The disproportionate share


  10. payments shall be made on or before July 12, 2021, and are expressly conditioned upon approval


  11. on or before July 5, 2021, by the Secretary of the United States department of health and human


  12. services, or his or her authorized representative, of all Medicaid state plan amendments necessary


  13. to secure for the state the benefit of federal financial participation in federal fiscal year 2021 for


  14. the disproportionate share payments.


  15. (c)(b) For federal fiscal year 2022, commencing on October 1, 2021, and ending September


  16. 30, 2022, the executive office of health and human services shall submit to the Secretary of the


  17. United States Department of Health and Human Services a state plan amendment to the Rhode


  18. Island Medicaid DSH Plan to provide:


  19. (1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of


  20. $143.8 $145.1 million, shall be allocated by the executive office of health and human services to


  21. the Pool D component of the DSH Plan; and


  22. (2) That the Pool D allotment shall be distributed among the participating hospitals in direct


  23. proportion to the individual participating hospital's uncompensated-care costs for the base year,


  24. inflated by the uncompensated-care index to the total uncompensated-care costs for the base year


  25. inflated by the uncompensated-care index for all participating hospitals. The disproportionate share


  26. payments shall be made on or before July 12, 2022 June 30, 2022, and are expressly conditioned


  27. upon approval on or before July 5, 2022, by the Secretary of the United States Department of Health

  1. and Human Services, or his or her authorized representative, of all Medicaid state plan amendments


  2. necessary to secure for the state the benefit of federal financial participation in federal fiscal year


  3. 2022 for the disproportionate share payments.


  4. (c) For federal fiscal year 2023, commencing on October 1, 2022, and ending September


  5. 30, 2023, the executive office of health and human services shall submit to the Secretary of the


  6. United States Department of Health and Human Services a state plan amendment to the Rhode


  7. Island Medicaid DSH Plan to provide:


  8. (1) That the DSH Plan to all participating hospitals, not to exceed an aggregate limit of


  9. $145.1 million, shall be allocated by the executive office of health and human services to the Pool


  10. D component of the DSH Plan; and


  11. (2) That the Pool D allotment shall be distributed among the participating hospitals in direct


  12. proportion to the individual participating hospital's uncompensated-care costs for the base year,


  13. inflated by the uncompensated-care index to the total uncompensated-care costs for the base year


  14. inflated by the uncompensated-care index for all participating hospitals. The disproportionate share


  15. payments shall be made on or before June 15, 2023, and are expressly conditioned upon approval


  16. on or before June 23, 2023, by the Secretary of the United States Department of Health and Human


  17. Services, or his or her authorized representative, of all Medicaid state plan amendments necessary


  18. to secure for the state the benefit of federal financial participation in federal fiscal year 2023 for


  19. the disproportionate share payments.


  20. (d) No provision is made pursuant to this chapter for disproportionate-share hospital


  21. payments to participating hospitals for uncompensated-care costs related to graduate medical


  22. education programs.


  23. (e) The executive office of health and human services is directed, on at least a monthly


  24. basis, to collect patient-level uninsured information, including, but not limited to, demographics,


  25. services rendered, and reason for uninsured status from all hospitals licensed in Rhode Island.


26 (f) [Deleted by P.L. 2019, ch. 88, art. 13, § 6.]


  1. SECTION 4. Chapter 40.1-8.5 of the General Laws entitled "Community Mental Health


  2. Services" is hereby amended by adding thereto the following section:


  3. 40.1-8.5-8. Certified community behavioral health clinics.


  4. (a) The executive office of health and human services is authorized and directed to submit


  5. to the Secretary of the United States Department of Health and Human Services a state plan


  6. amendment for the purposes of establishing Certified Community Behavioral Health Clinics in


  7. accordance with Section 223 of the federal Protecting Access to Medicare Act of 2014.


  8. (b) The executive office of health and human services shall amend its Title XIX state plan

    1. pursuant to Title XIX [42 U.S.C. § 1396 et seq.] and Title XXI [42 U.S.C § 1397 et seq.] of the


    2. Social Security Act as necessary to cover all required services for persons with mental health and


    3. substance use disorders at a certified community behavioral health clinic through a daily or monthly


    4. bundled payment methodology that is specific to each organization’s anticipated costs and inclusive


    5. of all required services within Section 223 of the federal Protecting Access to Medicare Act of


    6. 2014. Such certified community behavioral health clinics shall adhere to the federal model,


    7. including payment structures and rates.


    8. (c) A certified community behavioral health clinic means any licensed behavioral health


    9. organization that meets the federal certification criteria of Section 223 of the Protecting Access to


    10. Medicare Act of 2014. The department of behavioral healthcare, developmental disabilities and


    11. hospitals shall define additional criteria to certify the clinics including, but not limited to the


    12. provision of, these services:


    13. (1) Outpatient mental health and substance use services;


    14. (2) Twenty-four (24) hour mobile crisis response and hotline services;


    15. (3) Screening, assessment, and diagnosis, including risk assessments;


    16. (4) Person-centered treatment planning;


    17. (5) Primary care screening and monitoring of key indicators of health risks;


    18. (6) Targeted case management;


    19. (7) Psychiatric rehabilitation services;


    20. (8) Peer support and family supports;


    21. (9) Medication-assisted treatment;


    22. (10) Assertive community treatment; and


    23. (11) Community-based mental health care for military service members and veterans.


    24. (d) Subject to the approval from the United States Department of Health and Human


    25. Services’ Centers for Medicare and Medicaid Services, the certified community behavioral health


    26. clinic model pursuant to this chapter, shall be established by July 1, 2023, and include any enhanced


    27. Medicaid match for required services or populations served.


    28. (e) By August 1, 2022, the executive office of health and human services will issue the


    29. appropriate Purchasing process and vehicle for organizations who want to participate in the


    30. Certified Community Behavioral Health Clinic model program.


    31. (f) By December 1, 2022, the organizations will submit a detailed cost report developed by


    32. the department of behavioral healthcare, developmental disabilities and hospitals with approval


    33. from the executive office of health and human services, that includes the cost for the organization


    34. to provide the required services.

  1. (g) By January 15, 2023, the department of behavioral healthcare, developmental


  2. disabilities and hospitals, in coordination with the executive office of health and human services,


  3. will prepare an analysis of proposals, determine how many behavioral health clinics can be certified


  4. in FY 2024 and the costs for each one. Funding for the Certified Behavioral Health Clinics will be


  5. included in the FY 2024 budget recommended by the Governor.


  6. (h) The executive office of health and human services shall apply for the federal Certified


  7. Community Behavioral Health Clinics Demonstration Program if another round of funding


  8. becomes available.


  9. SECTION 5. Section 42-7.2-18 of Chapter 42-7.2 the General Laws entitled "Office of


  10. Health and Human Services" is hereby amended by adding thereto the following sections:


  11. 42-7.2-18.1. Professional responsibility -- Criminal records check for high- risk


  12. providers.


  13. (a) As a condition of enrollment and/or continued participation as a Medicaid provider,


  14. applicants to become and/or remain a provider shall be required to undergo criminal records checks


  15. including a national criminal records check supported by fingerprints by the level of screening


  16. based on risk of fraud, waste or abuse as determined by the executive office of health and human


  17. services for that category of Medicaid provider.


  18. (b) Establishment of Risk Categories – The executive office of health and human services


  19. in consultation with the department of attorney general, shall establish through regulation, risk


  20. categories for Medicaid providers and provider categories who pose an increased financial risk of


  21. fraud, waste or abuse to the Medicaid/CHIP program, in accordance with § 42 CFR §§ 455.434 and


22 455.450.


23 (c) High risk categories, as determined by the executive office health and human services


24 may include:


  1. (1) Newly enrolled home health agencies that have not been medicare certified;


  2. (2) Newly enrolled durable medical equipment providers;


  3. (3) New or revalidating providers that have been categorized by the executive office of


  4. health and human services as high risk;


  5. (4) New or revalidating providers with payment suspension histories;


  6. (5) New or revalidating providers with office of inspector general exclusion histories;


  7. (6) New or revalidating providers with qualified overpayment histories; and,


  8. (7) New or revalidating providers applying for enrollment post debarment or moratorium


  9. (Federal or State-based)


  10. (d) Upon the state Medicaid agency determination that a provider or an applicant to become

    1. a provider, or a person with a five percent (5%) or more direct or indirect ownership interest in the


    2. provider, meets the executive office of health and human services’ criteria for criminal records


    3. checks as a "high" risk to the Medicaid program, the executive office of health and human services


    4. shall require that each such provider or applicant to become a provider undergo a national criminal


    5. records check supported by fingerprints.


    6. (e) The executive office of health and human services shall require such a "high risk"


    7. Medicaid provider or applicant to become a provider, or any person with a five percent (5%) or


    8. more direct or indirect ownership interest in the provider, to submit to a national criminal records


    9. check supported by fingerprints within thirty (30) days upon request from the Centers for Medicare


    10. and Medicaid Services or the executive office of health and human services.


    11. (f) The Medicaid providers requiring the national criminal records check shall apply to the


    12. department of attorney general, bureau of criminal identification (BCI) to be fingerprinted. The


    13. fingerprints will subsequently be transmitted to the federal bureau of investigation for a national


    14. criminal records check. The results of the national criminal records check shall be made available


    15. to the applicant undergoing a record check and submitting fingerprints.


    16. (g) Upon the discovery of any disqualifying information, as defined in § 42-7.2-18.2 and


    17. as in accordance with the regulations promulgated by the executive office of health and human


    18. services, the bureau of criminal identification of the department of the attorney general will inform


    19. the applicant, in writing, of the nature of the disqualifying information; and, without disclosing the


    20. nature of the disqualifying information, will notify the executive office of health and human


    21. services, in writing, that disqualifying information has been discovered.


    22. (h) In those situations, in which no disqualifying information has been found, the bureau


    23. of criminal identification of the department of the attorney general shall inform the applicant and


    24. the executive office of health and human services, in writing, of this fact.


    25. (i) The applicant shall be responsible for the cost of conducting the national criminal


    26. records check through the bureau of criminal identification of the department of attorney general.


    27. 42-7.2-18.2. Professional responsibility -- Criminal records check disqualifying


    28. information for high-risk providers.


    29. (a) Information produced by a national criminal records check pertaining to conviction, for


    30. the following crimes will result in a letter to the executive office of health and human services ,


    31. disqualifying the applicant from being a medicaid provider: murder, voluntary manslaughter,


    32. involuntary manslaughter, first degree sexual assault, second degree sexual assault, third degree


    33. sexual assault, assault on persons sixty (60) years of age or older, assault with intent to commit


    34. specified felonies (murder, robbery, rape, burglary, or the abominable and detestable crime against

  1. nature) felony assault, patient abuse, neglect or mistreatment of patients, burglary, first degree


  2. arson, robbery, felony drug offenses, felony larceny, or felony banking law violations, felony


  3. obtaining money under false pretenses, felony embezzlement, abuse, neglect and/or exploitation of


  4. adults with severe impairments, exploitation of elders, or a crime under section 1128 (a) of the


  5. Social Security Act (42 U.S.C. 1320a-7(a)). An applicant against whom disqualifying information


  6. has been found, for purposes of appeal, may provide a copy of the national criminal records check


  7. to the executive office of health and human services, who shall make a judgment regarding the


  8. approval of or the continued status of that person as a provider.


  9. (b) For purposes of this section, "conviction" means, in addition to judgments of conviction


  10. entered by a court subsequent to a finding of guilty or a plea of guilty, those instances where the


  11. defendant has entered a plea of nolo contendere and has received a sentence of probation and those


  12. instances where a defendant has entered into a deferred sentence agreement with the attorney


  13. general.


  14. 42-7.2-18.3. Professional responsibility -- Criminal records check for personal care


  15. aides.


  16. (a) Any person seeking employment to provide care to elderly or individuals with


  17. disabilities who is, or may be required to be, licensed, registered, trained or certified with the office


  18. of medicaid if that employment involves routine contact with elderly or individuals with disabilities


  19. without the presence of other employees, shall undergo a national criminal records check supported


  20. by fingerprints. The applicant will report to the office of attorney general, bureau of criminal


  21. identification to submit their fingerprints. The fingerprints will subsequently be submitted to the


  22. federal bureau of investigation (FBI) by the bureau of criminal identification of the office of


  23. attorney general. The national criminal records check shall be initiated prior to, or within one week


  24. of, employment.


  25. (b) The director of the office of medicaid may, by rule, identify those positions requiring


  26. criminal records checks. The identified employee, through the executive office of health and human


  27. services, shall apply to the bureau of criminal identification of the department of attorney general


  28. for a national criminal records check. Upon the discovery of any disqualifying information, as


  29. defined in § 42-7.2-18.4 and in accordance with the rule promulgated by the secretary of the


  30. executive office of health and human services, the bureau of criminal identification of the


  31. department of the attorney general will inform the applicant, in writing, of the nature of the


  32. disqualifying information; and, without disclosing the nature of the disqualifying information, will


  33. notify the executive office of health and human services executive office of health and human


  34. services in writing, that disqualifying information has been discovered.

  1. (c) An applicant against whom disqualifying information has been found, for purposes of


  2. appeal, may provide a copy of the national criminal history check to the executive office of health


  3. and human services, who shall make a judgment regarding the approval of the applicant.


  4. (d) In those situations, in which no disqualifying information has been found, the bureau


  5. of criminal identification of the department of the attorney general shall inform the applicant and


  6. the executive office health and human services, in writing, of this fact.


  7. (e) The executive office of health and human services shall maintain on file evidence that


  8. criminal records checks have been initiated on all applicants subsequent to July 1, 2022.


  9. (f) The applicant shall be responsible for the cost of conducting the national criminal


  10. records check through the bureau of criminal identification of the department of the attorney


  11. general.


  12. 42-7.2-18.4. Professional responsibility -- Criminal records check disqualifying


  13. information for personal care aides.


  14. (a) Information produced by a national criminal records check pertaining to conviction, for


  15. the following crimes will result in a letter to the applicant and the executive office of health and


  16. human services, disqualifying the applicant: murder, voluntary manslaughter, involuntary


  17. manslaughter, first degree sexual assault, second degree sexual assault, third degree sexual assault,


  18. assault on persons sixty (60) years of age or older, assault with intent to commit specified felonies


  19. (murder, robbery, rape, burglary, or the abominable and detestable crime against nature) felony


  20. assault, patient abuse, neglect or mistreatment of patients, burglary, first degree arson, robbery,


  21. felony drug offenses, felony larceny, or felony banking law violations, felony obtaining money


  22. under false pretenses, felony embezzlement, abuse, neglect and/or exploitation of adults with severe


  23. impairments, exploitation of elders, or a crime under section 1128(a) of the Social Security Act (42


24 U.S.C. 1320a-7(a)).


  1. (b) For purposes of this section, "conviction" means, in addition to judgments of conviction


  2. entered by a court subsequent to a finding of guilty or a plea of guilty, those instances where the


  3. defendant has entered a plea of nolo contendere and has received a sentence of probation and those


  4. instances where a defendant has entered into a deferred sentence agreement with the attorney


  5. general.


  6. SECTION 6. Sections 42-12.3-3, 42-12.3-4 and 42-12.3-15 of the General Laws in Chapter


  7. 42-12.3 "Health Care for Children and Pregnant Women" are hereby amended to read as follows:


  8. 42-12.3-3. Medical assistance expansion for pregnant women/RIte Start.


  9. (a) The director of the department of human services secretary of the executive office of


  10. health and human services is authorized to amend its Title XIX state plan pursuant to Title XIX of

  1. the Social Security Act to provide Medicaid coverage and to amend its Title XXI state plan pursuant


  2. to Title XXI of the Social Security Act to provide medical assistance coverage through expanded


  3. family income disregards for pregnant women whose family income levels are between one


  4. hundred eighty-five percent (185%) and two hundred fifty percent (250%) of the federal poverty


  5. level. The department is further authorized to promulgate any regulations necessary and in accord


  6. with Title XIX [42 U.S.C. § 1396 et seq.] and Title XXI [ 42 U.S.C. § 1397aa et seq.] of the Social


  7. Security Act necessary in order to implement said state plan amendment. The services provided


  8. shall be in accord with Title XIX [ 42 U.S.C. § 1396 et seq.] and Title XXI [ 42 U.S.C. § 1397aa


  9. et seq.] of the Social Security Act.


  10. (b) The director of the department of human services secretary of health and human


  11. services is authorized and directed to establish a payor of last resort program to cover prenatal,


  12. delivery and postpartum care. The program shall cover the cost of maternity care for any woman


  13. who lacks health insurance coverage for maternity care and who is not eligible for medical


  14. assistance under Title XIX [42 U.S.C. § 1396 et seq.] and Title XXI [ 42 U.S.C. § 1397aa et seq.]


  15. of the Social Security Act including, but not limited to, a noncitizen pregnant woman lawfully


  16. admitted for permanent residence on or after August 22, 1996, without regard to the availability of


  17. federal financial participation, provided such pregnant woman satisfies all other eligibility


  18. requirements. The director secretary shall promulgate regulations to implement this program. Such


  19. regulations shall include specific eligibility criteria; the scope of services to be covered; procedures


  20. for administration and service delivery; referrals for non-covered services; outreach; and public


  21. education. Excluded services under this subsection will include, but not be limited to, induced


  22. abortion except in cases of rape or incest or to save the life of the pregnant individual.


  23. (c) The department of human services secretary of health and human services may enter


  24. into cooperative agreements with the department of health and/or other state agencies to provide


  25. services to individuals eligible for services under subsections (a) and (b) above.


  26. (d) The following services shall be provided through the program:


  27. (1) Ante-partum and postpartum care;


  28. (2) Delivery;


  29. (3) Cesarean section;


  30. (4) Newborn hospital care;


  31. (5) Inpatient transportation from one hospital to another when authorized by a medical


  32. provider; and


  33. (6) Prescription medications and laboratory tests.


  34. (e) The department of human services secretary of health and human services shall provide

    1. enhanced services, as appropriate, to pregnant women as defined in subsections (a) and (b), as well


    2. as to other pregnant women eligible for medical assistance. These services shall include: care


    3. coordination, nutrition and social service counseling, high risk obstetrical care, childbirth and


    4. parenting preparation programs, smoking cessation programs, outpatient counseling for drug-


    5. alcohol use, interpreter services, mental health services, and home visitation. The provision of


    6. enhanced services is subject to available appropriations. In the event that appropriations are not


    7. adequate for the provision of these services, the department executive office has the authority to


    8. limit the amount, scope and duration of these enhanced services.


    9. (f) The department of human services executive office of health and human services shall


    10. provide for extended family planning services for up to twenty-four (24) months postpartum. These


    11. services shall be available to women who have been determined eligible for RIte Start or for


    12. medical assistance under Title XIX [42 U.S.C. § 1396 et seq.] or Title XXI [ 42 U.S.C. § 1397aa


    13. et seq.] of the Social Security Act.


    14. (g) Effective October 1, 2022, individuals eligible for RIte Start pursuant to this section or


    15. for medical assistance under Title XIX or Title XXI of the Social Security Act while pregnant


    16. (including during a period of retroactive eligibility), are eligible for full Medicaid benefits through


    17. the last day of the month in which their twelve (12) month postpartum period ends. This benefit


    18. will be provided to eligible Rhode Island residents without regard to the availability of federal


    19. financial participation. The executive office of health and human services is directed to ensure that


    20. federal financial participation is used to the maximum extent allowable to provide coverage


    21. pursuant to this section, and that state-only funds will be used only if federal financial participation


    22. is not available.


    23. 42-12.3-4. "RIte track" program.


    24. (a) There is hereby established a payor of last resort program for comprehensive health


    25. care for children until they reach nineteen (19) years of age, to be known as "RIte track." The


    26. department of human services executive office of health and human services is hereby authorized


    27. to amend its Title XIX state plan pursuant to Title XIX [42 U.S.C. § 1396 et seq.] and Title XXI [


    28. 42 U.S.C. § 1397aa et seq.] of the Social Security Act as necessary to provide for expanded


    29. Medicaid coverage through expanded family income disregards for children, until they reach


    30. nineteen (19) years of age, whose family income levels are up to two hundred fifty percent (250%)


    31. of the federal poverty level. Provided, however, that healthcare coverage provided under this


    32. section shall also be provided without regard to the availability of federal financial participation in


    33. accordance to Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq., to a noncitizen child


    34. who is a resident of Rhode Island lawfully residing in the United States, and who is otherwise

  1. eligible for such assistance. The department is further authorized to promulgate any regulations


  2. necessary, and in accord with Title XIX [42 U.S.C. § 1396 et seq.] and Title XXI [ 42 U.S.C. §


  3. 1397aa et seq.] of the Social Security Act as necessary in order to implement the state plan


  4. amendment. For those children who lack health insurance, and whose family incomes are in excess


  5. of two hundred fifty percent (250%) of the federal poverty level, the department of human services


  6. shall promulgate necessary regulations to implement the program. The department of human


  7. services is further directed to ascertain and promulgate the scope of services that will be available


  8. to those children whose family income exceeds the maximum family income specified in the


  9. approved Title XIX [42 U.S.C. § 1396 et seq.] and Title XXI [ 42 U.S.C. § 1397aa et seq.] state


  10. plan amendment.


  11. (b) The executive office of health and human services is directed to ensure that federal


  12. financial participation is used to the maximum extent allowable to provide coverage pursuant to


  13. this section, and that state-only funds will be used only if federal financial participation is not


  14. available.


  15. 42-12.3-15. Expansion of RIte track program.


  16. (a) The Department of Human Services executive office of health and human services is


  17. hereby authorized and directed to submit to the United States Department of Health and Human


  18. Services an amendment to the "RIte Care" waiver project number 11-W-0004/1-01 to provide for


  19. expanded Medicaid coverage for children until they reach eight (8) years of age, whose family


  20. income levels are to two hundred fifty percent (250%) of the federal poverty level. Expansion of


  21. the RIte track program from the age of six (6) until they reach eighteen (18) years of age in


  22. accordance with this chapter shall be subject to the approval of the amended waiver by the United


  23. States Department of Health and Human Services. Healthcare coverage under this section shall also


  24. be provided to a noncitizen child lawfully residing in the United States who is a resident of Rhode


  25. Island, and who is otherwise eligible for such assistance under Title XIX [42 U.S.C. § 1396 et seq.]


  26. or Title XXI [ 42 U.S.C. § 1397aa et seq.]


  27. (b) The executive office of health and human services is directed to ensure that federal


  28. financial participation is used to the maximum extent allowable to provide coverage pursuant to


  29. this section, and that state-only funds will be used only if federal financial participation is not


  30. available.


  31. SECTION 7. Section 42-14.5-3 of the General Laws in Chapter 42-14.5 entitled "The


  32. Rhode Island Health Care Reform Act of 2004 - Health Insurance Oversight" is hereby amended


  33. to read as follows:


  34. 42-14.5-3. Powers and duties.

  1. The health insurance commissioner shall have the following powers and duties:


  2. (a) To conduct quarterly public meetings throughout the state, separate and distinct from


  3. rate hearings pursuant to § 42-62-13, regarding the rates, services, and operations of insurers


  4. licensed to provide health insurance in the state; the effects of such rates, services, and operations


  5. on consumers, medical care providers, patients, and the market environment in which the insurers


  6. operate; and efforts to bring new health insurers into the Rhode Island market. Notice of not less


  7. than ten (10) days of the hearing(s) shall go to the general assembly, the governor, the Rhode Island


  8. Medical Society, the Hospital Association of Rhode Island, the director of health, the attorney


  9. general, and the chambers of commerce. Public notice shall be posted on the department's website


  10. and given in the newspaper of general circulation, and to any entity in writing requesting notice.


  11. (b) To make recommendations to the governor and the house of representatives and senate


  12. finance committees regarding healthcare insurance and the regulations, rates, services,


  13. administrative expenses, reserve requirements, and operations of insurers providing health


  14. insurance in the state, and to prepare or comment on, upon the request of the governor or


  15. chairpersons of the house or senate finance committees, draft legislation to improve the regulation


  16. of health insurance. In making the recommendations, the commissioner shall recognize that it is


  17. the intent of the legislature that the maximum disclosure be provided regarding the reasonableness


  18. of individual administrative expenditures as well as total administrative costs. The commissioner


  19. shall make recommendations on the levels of reserves, including consideration of: targeted reserve


  20. levels; trends in the increase or decrease of reserve levels; and insurer plans for distributing excess


  21. reserves.


  22. (c) To establish a consumer/business/labor/medical advisory council to obtain information


  23. and present concerns of consumers, business, and medical providers affected by health insurance


  24. decisions. The council shall develop proposals to allow the market for small business health


  25. insurance to be affordable and fairer. The council shall be involved in the planning and conduct of


  26. the quarterly public meetings in accordance with subsection (a). The advisory council shall develop


  27. measures to inform small businesses of an insurance complaint process to ensure that small


  28. businesses that experience rate increases in a given year may request and receive a formal review


  29. by the department. The advisory council shall assess views of the health provider community


  30. relative to insurance rates of reimbursement, billing, and reimbursement procedures, and the


  31. insurers' role in promoting efficient and high-quality health care. The advisory council shall issue


  32. an annual report of findings and recommendations to the governor and the general assembly and


  33. present its findings at hearings before the house and senate finance committees. The advisory


  34. council is to be diverse in interests and shall include representatives of community consumer

  1. organizations; small businesses, other than those involved in the sale of insurance products; and


  2. hospital, medical, and other health provider organizations. Such representatives shall be nominated


  3. by their respective organizations. The advisory council shall be co-chaired by the health insurance


  4. commissioner and a community consumer organization or small business member to be elected by


  5. the full advisory council.


  6. (d) To establish and provide guidance and assistance to a subcommittee ("the professional-


  7. provider-health-plan work group") of the advisory council created pursuant to subsection (c),


  8. composed of healthcare providers and Rhode Island licensed health plans. This subcommittee shall


  9. include in its annual report and presentation before the house and senate finance committees the


  10. following information:


  11. (1) A method whereby health plans shall disclose to contracted providers the fee schedules


  12. used to provide payment to those providers for services rendered to covered patients;


  13. (2) A standardized provider application and credentials verification process, for the


  14. purpose of verifying professional qualifications of participating healthcare providers;


  15. (3) The uniform health plan claim form utilized by participating providers;


  16. (4) Methods for health maintenance organizations, as defined by § 27-41-2, and nonprofit


  17. hospital or medical-service corporations, as defined by chapters 19 and 20 of title 27, to make


  18. facility-specific data and other medical service-specific data available in reasonably consistent


  19. formats to patients regarding quality and costs. This information would help consumers make


  20. informed choices regarding the facilities and clinicians or physician practices at which to seek care.


  21. Among the items considered would be the unique health services and other public goods provided


  22. by facilities and clinicians or physician practices in establishing the most appropriate cost


  23. comparisons;


  24. (5) All activities related to contractual disclosure to participating providers of the


  25. mechanisms for resolving health plan/provider disputes;


  26. (6) The uniform process being utilized for confirming, in real time, patient insurance


  27. enrollment status, benefits coverage, including co-pays and deductibles;


  28. (7) Information related to temporary credentialing of providers seeking to participate in the


  29. plan's network and the impact of the activity on health plan accreditation;


  30. (8) The feasibility of regular contract renegotiations between plans and the providers in


  31. their networks; and


  32. (9) Efforts conducted related to reviewing impact of silent PPOs on physician practices.


  33. (e) To enforce the provisions of Title 27 and Title 42 as set forth in § 42-14-5(d).


  34. (f) To provide analysis of the Rhode Island affordable health plan reinsurance fund. The

    1. fund shall be used to effectuate the provisions of §§ 27-18.5-9 and 27-50-17.


    2. (g) To analyze the impact of changing the rating guidelines and/or merging the individual


    3. health insurance market, as defined in chapter 18.5 of title 27, and the small-employer health


    4. insurance market, as defined in chapter 50 of title 27, in accordance with the following:


    5. (1) The analysis shall forecast the likely rate increases required to effect the changes


    6. recommended pursuant to the preceding subsection (g) in the direct-pay market and small-employer


    7. health insurance market over the next five (5) years, based on the current rating structure and


    8. current products.


    9. (2) The analysis shall include examining the impact of merging the individual and small-


    10. employer markets on premiums charged to individuals and small-employer groups.


    11. (3) The analysis shall include examining the impact on rates in each of the individual and


    12. small-employer health insurance markets and the number of insureds in the context of possible


    13. changes to the rating guidelines used for small-employer groups, including: community rating


    14. principles; expanding small-employer rate bonds beyond the current range; increasing the employer


    15. group size in the small-group market; and/or adding rating factors for broker and/or tobacco use.


    16. (4) The analysis shall include examining the adequacy of current statutory and regulatory


    17. oversight of the rating process and factors employed by the participants in the proposed, new


    18. merged market.


    19. (5) The analysis shall include assessment of possible reinsurance mechanisms and/or


    20. federal high-risk pool structures and funding to support the health insurance market in Rhode Island


    21. by reducing the risk of adverse selection and the incremental insurance premiums charged for this


    22. risk, and/or by making health insurance affordable for a selected at-risk population.


    23. (6) The health insurance commissioner shall work with an insurance market merger task


    24. force to assist with the analysis. The task force shall be chaired by the health insurance


    25. commissioner and shall include, but not be limited to, representatives of the general assembly, the


    26. business community, small-employer carriers as defined in § 27-50-3, carriers offering coverage in


    27. the individual market in Rhode Island, health insurance brokers, and members of the general public.


    28. (7) For the purposes of conducting this analysis, the commissioner may contract with an


    29. outside organization with expertise in fiscal analysis of the private insurance market. In conducting


    30. its study, the organization shall, to the extent possible, obtain and use actual health plan data. Said


    31. data shall be subject to state and federal laws and regulations governing confidentiality of health


    32. care and proprietary information.


    33. (8) The task force shall meet as necessary and include its findings in the annual report, and


    34. the commissioner shall include the information in the annual presentation before the house and

  1. senate finance committees.


  2. (h) To establish and convene a workgroup representing healthcare providers and health


  3. insurers for the purpose of coordinating the development of processes, guidelines, and standards to


  4. streamline healthcare administration that are to be adopted by payors and providers of healthcare


  5. services operating in the state. This workgroup shall include representatives with expertise who


  6. would contribute to the streamlining of healthcare administration and who are selected from


  7. hospitals, physician practices, community behavioral health organizations, each health insurer, and


  8. other affected entities. The workgroup shall also include at least one designee each from the Rhode


  9. Island Medical Society, Rhode Island Council of Community Mental Health Organizations, the


  10. Rhode Island Health Center Association, and the Hospital Association of Rhode Island. The


  11. workgroup shall consider and make recommendations for:


  12. (1) Establishing a consistent standard for electronic eligibility and coverage verification.


  13. Such standard shall:


  14. (i) Include standards for eligibility inquiry and response and, wherever possible, be


  15. consistent with the standards adopted by nationally recognized organizations, such as the Centers


  16. for Medicare and Medicaid Services;


  17. (ii) Enable providers and payors to exchange eligibility requests and responses on a system-


  18. to-system basis or using a payor-supported web browser;


  19. (iii) Provide reasonably detailed information on a consumer's eligibility for healthcare


  20. coverage; scope of benefits; limitations and exclusions provided under that coverage; cost-sharing


  21. requirements for specific services at the specific time of the inquiry; current deductible amounts;


  22. accumulated or limited benefits; out-of-pocket maximums; any maximum policy amounts; and


  23. other information required for the provider to collect the patient's portion of the bill;


  24. (iv) Reflect the necessary limitations imposed on payors by the originator of the eligibility


  25. and benefits information;


  26. (v) Recommend a standard or common process to protect all providers from the costs of


  27. services to patients who are ineligible for insurance coverage in circumstances where a payor


  28. provides eligibility verification based on best information available to the payor at the date of the


  29. request of eligibility.


  30. (2) Developing implementation guidelines and promoting adoption of the guidelines for:


  31. (i) The use of the National Correct Coding Initiative code-edit policy by payors and


  32. providers in the state;


  33. (ii) Publishing any variations from codes and mutually exclusive codes by payors in a


  34. manner that makes for simple retrieval and implementation by providers;

  1. (iii) Use of Health Insurance Portability and Accountability Act standard group codes,


  2. reason codes, and remark codes by payors in electronic remittances sent to providers;


  3. (iv) The processing of corrections to claims by providers and payors.


  4. (v) A standard payor-denial review process for providers when they request a


  5. reconsideration of a denial of a claim that results from differences in clinical edits where no single,


  6. common-standards body or process exists and multiple conflicting sources are in use by payors and


  7. providers.


  8. (vi) Nothing in this section, nor in the guidelines developed, shall inhibit an individual


  9. payor's ability to employ, and not disclose to providers, temporary code edits for the purpose of


  10. detecting and deterring fraudulent billing activities. The guidelines shall require that each payor


  11. disclose to the provider its adjudication decision on a claim that was denied or adjusted based on


  12. the application of such edits and that the provider have access to the payor's review and appeal


  13. process to challenge the payor's adjudication decision.


  14. (vii) Nothing in this subsection shall be construed to modify the rights or obligations of


  15. payors or providers with respect to procedures relating to the investigation, reporting, appeal, or


  16. prosecution under applicable law of potentially fraudulent billing activities.


  17. (3) Developing and promoting widespread adoption by payors and providers of guidelines


  18. to:


  19. (i) Ensure payors do not automatically deny claims for services when extenuating


  20. circumstances make it impossible for the provider to obtain a preauthorization before services are


  21. performed or notify a payor within an appropriate standardized timeline of a patient's admission;


  22. (ii) Require payors to use common and consistent processes and time frames when


  23. responding to provider requests for medical management approvals. Whenever possible, such time


  24. frames shall be consistent with those established by leading national organizations and be based


  25. upon the acuity of the patient's need for care or treatment. For the purposes of this section, medical


  26. management includes prior authorization of services, preauthorization of services, precertification


  27. of services, post-service review, medical-necessity review, and benefits advisory;


  28. (iii) Develop, maintain, and promote widespread adoption of a single, common website


  29. where providers can obtain payors' preauthorization, benefits advisory, and preadmission


  30. requirements;


  31. (iv) Establish guidelines for payors to develop and maintain a website that providers can


  32. use to request a preauthorization, including a prospective clinical necessity review; receive an


  33. authorization number; and transmit an admission notification.


  34. (4) To provide a report to the house and senate, on or before January 1, 2017, with

  1. recommendations for establishing guidelines and regulations for systems that give patients


  2. electronic access to their claims information, particularly to information regarding their obligations


  3. to pay for received medical services, pursuant to 45 C.F.R. 164.524.


  4. (i) To issue an anti-cancer medication report. Not later than June 30, 2014, and annually


  5. thereafter, the office of the health insurance commissioner (OHIC) shall provide the senate


  6. committee on health and human services, and the house committee on corporations, with: (1)


  7. Information on the availability in the commercial market of coverage for anti-cancer medication


  8. options; (2) For the state employee's health benefit plan, the costs of various cancer-treatment


  9. options; (3) The changes in drug prices over the prior thirty-six (36) months; and (4) Member


  10. utilization and cost-sharing expense.


  11. (j) To monitor the adequacy of each health plan's compliance with the provisions of the


  12. federal Mental Health Parity Act, including a review of related claims processing and


  13. reimbursement procedures. Findings, recommendations, and assessments shall be made available


  14. to the public.


  15. (k) To monitor the transition from fee-for-service and toward global and other alternative


  16. payment methodologies for the payment for healthcare services. Alternative payment


  17. methodologies should be assessed for their likelihood to promote access to affordable health


  18. insurance, health outcomes, and performance.


  19. (l) To report annually, no later than July 1, 2014, then biannually thereafter, on hospital


  20. payment variation, including findings and recommendations, subject to available resources.


  21. (m) Notwithstanding any provision of the general or public laws or regulation to the


  22. contrary, provide a report with findings and recommendations to the president of the senate and the


  23. speaker of the house, on or before April 1, 2014, including, but not limited to, the following


  24. information:


  25. (1) The impact of the current, mandated healthcare benefits as defined in §§ 27-18-48.1,


26 27-18-60, 27-18-62, 27-18-64, similar provisions in chapters 19, 20 and 41 of title 27, and §§ 27-


  1. 18-3(c), 27-38.2-1 et seq., or others as determined by the commissioner, on the cost of health


  2. insurance for fully insured employers, subject to available resources;


  3. (2) Current provider and insurer mandates that are unnecessary and/or duplicative due to


  4. the existing standards of care and/or delivery of services in the healthcare system;


  5. (3) A state-by-state comparison of health insurance mandates and the extent to which


  6. Rhode Island mandates exceed other states benefits; and


  7. (4) Recommendations for amendments to existing mandated benefits based on the findings


34 in (m)(1), (m)(2), and (m)(3) above.

  1. (n) On or before July 1, 2014, the office of the health insurance commissioner, in


  2. collaboration with the director of health and lieutenant governor's office, shall submit a report to


  3. the general assembly and the governor to inform the design of accountable care organizations


  4. (ACOs) in Rhode Island as unique structures for comprehensive health-care delivery and value-


  5. based payment arrangements, that shall include, but not be limited to:


  6. (1) Utilization review;


  7. (2) Contracting; and


  8. (3) Licensing and regulation.


  9. (o) On or before February 3, 2015, the office of the health insurance commissioner shall


  10. submit a report to the general assembly and the governor that describes, analyzes, and proposes


  11. recommendations to improve compliance of insurers with the provisions of § 27-18-76 with regard


  12. to patients with mental health and substance use disorders.


  13. (p) To work to ensure the health insurance coverage of behavioral health care under the


  14. same terms and conditions as other health care, and to integrate behavioral health parity


  15. requirements into the office of the health insurance commissioner insurance oversight and health


  16. care transformation efforts.


  17. (q) To work with other state agencies to seek delivery system improvements that enhance


  18. access to a continuum of mental health and substance use disorder treatment in the state; and


  19. integrate that treatment with primary and other medical care to the fullest extent possible.


  20. (r) To direct insurers toward policies and practices that address the behavioral health needs


  21. of the public and greater integration of physical and behavioral healthcare delivery.


  22. (s) The office of the health insurance commissioner shall conduct an analysis of the impact


  23. of the provisions of § 27-38.2-1(i) on health insurance premiums and access in Rhode Island and


  24. submit a report of its findings to the general assembly on or before June 1, 2023.


  25. (t) To undertake the analyses, reports, and studies contained in this section:


  26. (1) The office shall hire the necessary staff and prepare a request for proposal for a qualified


  27. and competent firm or firms to undertake the following analyses, reports, and studies;


  28. (i) The firm shall undertake a comprehensive review of all social and human service


  29. programs having a contract with or licensed by the state or any subdivision of the department of


  30. children, youth and families (DCYF), the department of behavioral healthcare, developmental


  31. disabilities, and hospitals (BHDDH), the department of human services (DHS), the department of


  32. health (DOH), and Medicaid for the purposes of:


  33. (A) Establishing a baseline of the eligibility factors for receiving services;


  34. (B) Establishing a baseline of the service offering through each agency for those

  1. determined eligible;


  2. (C) Establishing a baseline understanding of reimbursement rates for all social and human


  3. service programs including rates currently being paid, the date of the last increase, and a proposed


  4. model which the state may use to conduct future studies and analyses;


  5. (D) Ensuring accurate and adequate reimbursement to social and human service providers


  6. that facilitate the availability of high-quality services to individuals receiving home and


  7. community-based long-term services and supports provided by social and human service providers;


  8. (E) Ensuring the general assembly is provided accurate financial projections on social and


  9. human service program costs, demand for services, and workforce needs to ensure access to entitled


  10. beneficiaries and services;


  11. (F) Establishing a baseline and determining the relationship between state government and


  12. the provider network including functions, responsibilities and duties;


  13. (G) Determining a set of measures and accountability standards to be used by EOHHS and


  14. the general assembly to measure the outcomes of the provision of services including budgetary


  15. reporting requirements, transparency portals and other methods; and


  16. (H) Reporting the findings of human services analyses and reports to the speaker of the


  17. house, senate president, chairs of the house and senate finance committees, chairs of the house and


  18. senate health and human services committees and the governor.


  19. (2) The analyses, reports, and studies required pursuant to this section shall be


  20. accomplished and published as follows and shall provide:


  21. (i) An assessment and detailed reporting on all social and human service program rates to


  22. be completed by January 1, 2023, including rates currently being paid and the date of the last


  23. increase;


  24. (ii) An assessment and detailed reporting on eligibility standards and processes of all


  25. mandatory and discretionary social and human service programs to be completed by January 1,


26 2023;


  1. (iii) An assessment and detailed reporting on utilization trends from the period of January


  2. 1, 2017 through December 31, 2021 for social and human service programs to be completed by


29 January 1, 2023;


  1. (iv) An assessment and detailed reporting on the structure of the state government as it


  2. relates to the provision of services by social and human service providers including eligibility and


  3. functions of the provider network to be completed by January 1, 2023;


  4. (v) An assessment and detailed reporting on accountability standards for services for social


  5. and human service programs to be completed by January 1, 2023;

    1. (vi) An assessment and detailed reporting by April 1, 2023 on all professional licensed and


    2. unlicensed personnel requirements for established rates for social and human service programs


    3. pursuant to a contract or established fee schedule;


    4. (vii) An assessment and reporting on access to social and human service programs, to


    5. include any wait lists and length of time on wait lists, in each service category by April 1, 2023;


    6. (viii) An assessment and reporting of national and regional Medicaid rates in comparison


    7. to Rhode Island social and human service provider rates by April 1, 2023; and


    8. (ix) An assessment and reporting on usual and customary rates paid by private insurers and


    9. private pay for similar social and human service providers, both nationally and regionally, by April


10 1, 2023;


  1. (x) Completion of the development of an assessment and review process that includes the


  2. following components: eligibility, scope of services, relationship of social and human service


  3. provider and the state, national and regional rate comparisons and accountability standards that


  4. result in recommended rate adjustments, and this process shall be completed by September 1, 2023


  5. and conducted biennially hereafter. The biennial rate setting shall be consistent with payment


  6. requirements established in §1902(a)(30)(A) of the Social Security Act and all federal, and state


  7. law, regulations and quality and safety standards. The results and findings of this process shall be


  8. transparent, and public meetings shall be conducted to allow providers, recipients and other


  9. interested parties an opportunity to ask questions and provide comment beginning in September


  10. 2023 and biennially thereafter. (3) In fulfillment of the responsibilities defined in section (t), the


  11. office of the health insurance commissioner shall consult with the Executive Office of Health and


  12. Human Services.


  13. (u) Annually, each department (namely EOHHS, DCYF, DOH, DHS, and BHDDH) shall


  14. include the corresponding components of the assessment and review (i.e. eligibility, scope of


  15. services, relationship of social and human service provider and the state, national and regional rate


  16. comparisons and accountability standards including any changes or substantive issues between


  17. biennial reviews) including the recommended rates from the most recent assessment and review


  18. with their annual budget submission to the office of management and budget and provide a detailed


  19. explanation and impact statement if any rate variances exist between submitted recommended


  20. budget and the corresponding recommended rate from the most recent assessment and review


  21. process starting October 1, 2023, and biennially thereafter.


  22. (v) The general assembly shall appropriate adequate funding as it deems necessary to


  23. undertake the analyses, reports, and studies contained in this section relating to the powers and


  24. duties of the office of the health insurance commissioner.

    1. SECTION 8. Chapter 42-14.5 of the General Laws entitled "The Rhode Island Health Care


    2. Reform Act of 2004 - Health Insurance Oversight" is hereby amended by adding thereto the


    3. following sections:


4 42-14.5-2.1. Definitions.


  1. As used in this chapter:


  2. (1) "Accountability standards" means measures including service processes, client and


  3. population outcomes, practice standard compliance and fiscal integrity of social and human service


  4. providers on the individual contractual level and service type for all state contacts of the state or


  5. any subdivision or agency to include, but not limited to, the department of children, youth and


  6. families (DCYF), the department of behavioral healthcare, developmental disabilities and hospitals


  7. (BHDDH), the department of human services (DHS), the department of health (DOH), and


  8. Medicaid. This may include mandatory reporting, consolidated, standardized reporting, audits


  9. regardless of organizational tax status and accountability dashboards of aforementioned state


  10. departments or subdivisions that are regularly shared with public.


  11. (2) "Executive Office of Health and Human Services (EOHHS)" means the department that


  12. serves as "principal agency of the executive branch of state government" (RIGL § 42-7.2-2)


  13. responsible for managing the departments and offices of: health (RIDOH); human services (DHS);


  14. healthy aging (OHA); veterans services (VETS); children, youth and families (DCYF); and


  15. behavioral healthcare, developmental disabilities and hospitals (BHDDH). EOHHS is also


  16. designated at the single state agency with authority to administer the Medicaid program in Rhode


  17. Island.


  18. (3) "Rate review" means the process of reviewing and reporting of specific trending factors


  19. that influence the cost of service that informs rate setting.


  20. (4) "Rate setting" means the process of establishing rates for social and human service


  21. programs that are based on a thorough rate review process.


  22. (5) "Social and human service program" means a social, mental health, developmental


  23. disability, child welfare, juvenile justice, prevention services, habilitative, rehabilitative, substance


  24. use disorder treatment, residential care, adult or adolescent day services, vocational, employment


  25. and training, or aging service program or accommodations purchased by the state.


  26. (6) "Social and human service provider" means a provider of social and human service


  27. programs pursuant to a contract with the state or any subdivision or agency to include, but not be


  28. limited to, the department of children, youth and families (DCYF), the department of behavioral


  29. healthcare, developmental disabilities and hospitals (BHDDH), the department of human services


  30. (DHS), the department of health (DOH), and Medicaid.

    1. (7) "State government and the provider network" refers to the contractual relationship


    2. between a state agency or subdivision of state agency and private companies the state contracts


    3. with to provide the network of mandated and discretionary social and human services.


    4. 42-14.5-5. Severability.


    5. If any provision of this chapter or the application thereof to any person or circumstance is


    6. held invalid, such invalidity shall not affect other provisions or applications of the chapter, which


    7. can be given effect without the invalid provision or application, and to this end the provisions of


    8. this chapter are declared to be severable.


    9. SECTION 9. Section 42-66.3-4 of the General Laws in Chapter 42-66.3 entitled "Home


    10. and Community Care Services to the Elderly" is hereby amended to read as follows:


    11. 42-66.3-4. Persons eligible.


    12. (a) To be eligible for this program the client must be determined, through a functional


    13. assessment, to be in need of assistance with activities of daily living or and/or must meet a required


    14. level of care as defined in rules and regulations promulgated by the department;


    15. (b) Medicaid eligible individuals age sixty-five (65) or older of the state who meet the


    16. financial guidelines of the Rhode Island medical assistance program, as defined in rules and


    17. regulations promulgated by the department, shall be provided the services without charge; or


    18. (c) Persons eligible for assistance under the provisions of this section, subject to the annual


    19. appropriations deemed necessary by the general assembly to carry out the provisions of this chapter,


    20. include: (1) any homebound unmarried resident or homebound married resident of the state living


    21. separate and apart, who is ineligible for Medicaid, at least sixty-five (65) years of age or, if under


    22. sixty-five (65) years of age, has a diagnosis of Alzheimer's disease or a related dementia, confirmed


    23. by a licensed physician, ineligible for Medicaid, and whose income does not exceed the income


    24. eligibility limits as defined by rules and regulations promulgated by the department two hundred


    25. fifty percent (250%) of the federal poverty level; and (2) any married resident of the state who is


    26. ineligible for Medicaid, at least sixty-five (65) years of age, ineligible for Medicaid, or, if under


    27. sixty-five (65) years of age, has a diagnosis of Alzheimer's disease or a related dementia confirmed


    28. by a licensed physician and whose income when combined with any income of that person's spouse


    29. does not exceed two hundred fifty percent (250%) of the federal poverty level the income eligibility


    30. limits as defined in rules and regulations promulgated by the department. Persons who meet the


    31. eligibility requirement of this subsection shall be eligible for the co-payment portion as set forth in


32 § 42-66.3-5.


  1. SECTION 10. Rhode Island Medicaid Reform Act of 2008 Resolution.


  2. WHEREAS, the General Assembly enacted Chapter 12.4 of Title 42 entitled "The Rhode

    1. Island Medicaid Reform Act of 2008"; and


    2. WHEREAS, a legislative enactment is required pursuant to Rhode Island General Laws


3 42-12.4-1, et seq.; and


  1. WHEREAS, Rhode Island General Laws section 42-7.2-5(3)(i) provides that the Secretary


  2. of the Executive Office of Health and Human Services ("Executive Office") is responsible for the


  3. review and coordination of any Medicaid section 1115 demonstration waiver requests and renewals


  4. as well as any initiatives and proposals requiring amendments to the Medicaid state plan or category


  5. II or III changes as described in the demonstration, "with potential to affect the scope, amount, or


  6. duration of publicly-funded health care services, provider payments or reimbursements, or access


  7. to or the availability of benefits and services provided by Rhode Island general and public laws";


  8. and


  9. WHEREAS, in pursuit of a more cost-effective consumer choice system of care that is


  10. fiscally sound and sustainable, the Secretary requests legislative approval of the following


  11. proposals to amend the demonstration; and


  12. WHEREAS, implementation of adjustments may require amendments to the Rhode


  13. Island’s Medicaid state plan and/or section 1115 waiver under the terms and conditions of the


  14. demonstration. Further, adoption of new or amended rules, regulations and procedures may also be


  15. required:


  16. (a) Section 1115 Demonstration Waiver – Extension Request. The Executive Office


  17. proposes to seek approval from the federal centers for Medicare and Medicaid services ("CMS")


  18. to extend the Medicaid section 1115 demonstration waiver as authorized in Rhode Island General


  19. Laws § 42-12.4. In the Medicaid section 1115 demonstration waiver extension request due to CMS


  20. by December 31, 2022, in addition to maintaining existing Medicaid section 1115 demonstration


  21. waiver authorities, the Executive Office proposes to seek additional federal authorities including


  22. but not limited to promoting choice and community integration.


  23. (b) Meals on Wheels. The Executive Office proposes an increase to existing fee-for-service


  24. and managed care rates to account for growing utilization and rising food and delivery costs.


  25. Additionally, the Executive Office of Health and Human Services will offer new Medicaid


  26. reimbursement for therapeutic and cultural meals that are specifically tailored to improve health


  27. through nutrition, provide post discharge support, and bolster complex care management for those


  28. with chronic health conditions. To ensure the continued adequacy of rates, effective July 1, 2022,


  29. and annually thereafter, the Executive Office proposes an annual rate increase based on the CPI-U


  30. for New England: Food at Home, March release (containing the February data).


  31. (c) American Rescue Plan Act. The Executive Office proposes to seek approval from CMS

  1. for any necessary amendments to the Rhode Island State Plan or the 1115 Demonstration Waiver


  2. to implement the spending plan approved by CMS under section 9817 of the American Rescue Plan


  3. Act of 2021.


  4. (d) HealthSource RI automatic enrollment: The Executive Office shall work with


  5. HealthSource RI to establish a program for automatically enrolling qualified individuals who lose


  6. Medicaid coverage at the end of the COVID-19 Public Health Emergency into Qualified Health


  7. Plans ("QHP"). HealthSource RI may use funds available through the American Rescue Plan Act


  8. to pay the first two (2) month’s premium for individuals who qualify for this program.


  9. HealthSource RI may promulgate regulations establishing the scope and parameters of this


  10. program.


  11. (e) Increase Nursing Facility Rates. The Executive Office proposes to increase rates, both


  12. fee-for-service and managed care, paid to nursing facilities by three percent (3.0%) on October 1,


  13. 2022, in lieu of the adjustment of rates by the change in a recognized national home inflation index


  14. as defined in § 40-8-19 (2)(vi) and in addition to the one percent (1.0%) increase required for the


  15. minimum wage pass through as defined in § 40-8-19 (2)(vi).


  16. (f) Extend Post-Partum Medicaid Coverage. The Executive Office proposes extending the


  17. continuous coverage of full benefit medical assistance from sixty (60) days to twelve (12) months


  18. postpartum to women who are (1) not eligible for Medicaid under another Medicaid eligibility


  19. category, or (2) do not have qualified immigrant status for Medicaid whose births are financed by


  20. Medicaid through coverage of the child and currently only receive state-only extended family


  21. planning benefits postpartum.


  22. (g) Extending Medical Coverage to Children Previously Ineligible. The executive office of


  23. health and human services will maximize federal financial participation if and when available,


  24. though state-only funds will be used if federal financial participation is not available.


  25. (h) Federal Financing Opportunities. The Executive Office proposes to review Medicaid


  26. requirements and opportunities under the U.S. Patient Protection and Affordable Care Act of 2010


  27. (PPACA) and various other recently enacted federal laws and pursue any changes in the Rhode


  28. Island Medicaid program that promote service quality, access and cost-effectiveness that may


  29. warrant a Medicaid state plan amendment or amendment under the terms and conditions of Rhode


  30. Island’s section 1115 waiver, its successor, or any extension thereof. Any such actions by the


  31. Executive Office shall not have an adverse impact on beneficiaries or cause there to be an increase


  32. in expenditures beyond the amount appropriated for state fiscal year 2023.


  33. (i) Increase Adult Dental Rates. To ensure better access to dental care for adults, the


  34. Executive Office proposes to increase rates in both fee-for-service and managed care.

  1. (j) Increase Pediatric Provider Rates. To ensure better access to pediatric providers, the


  2. Executive Office proposes to increase rates in both fee-for-service and managed care to be equal to


  3. Medicare primary care rates.


  4. (k) Increase Early Intervention Rates. To ensure better access to Early Intervention


  5. Services, the Executive Office proposes to increase rates in both fee-for-service and managed care


  6. by forty-five percent (45%).


  7. (l) Increase Hospital Rates. The Executive Office proposes to increase inpatient and


  8. outpatient rates, both fee-for-service and managed care, paid to hospitals by five percent (5%) on


9 July 1, 2022, in lieu of the adjustment of rates by the change in the recognized inflation index as


  1. defined in § 40-8-13.4(1)(i). The Executive Office proposes amendments, as needed, to the


  2. inpatient and outpatient supplemental payment methodology to incorporate the five percent (5%)


  3. rate increase into the upper payment limit demonstration modeling.


  4. (m) Nursing Facility Rate Setting. The Executive Office proposes to seek approval from


  5. the federal Centers for Medicare and Medicaid Services ("CMS") for amendments to the Rhode


  6. Island State Plan to eliminate references to the rate review process and audit requirements for


  7. nursing facilities.


  8. (n) Public Health Emergency Unwinding. The Executive Office proposes to seek approval


  9. from the federal Centers for Medicare and Medicaid Services ("CMS") for section 1115


  10. demonstration waivers and State Plan Amendments as necessary to: (1) continue some of the


  11. temporary federal authorities granted during the Public Health Emergency ("PHE") for a period not


  12. to extend 14 months beyond the termination of the PHE; and (2) ensure minimum adverse impact


  13. on beneficiaries and state operations at the end of the PHE, including temporary authorities where


  14. applicable, provided that such temporary authorities shall not extend beyond 14 months following


  15. the termination of the PHE.


  16. (o) Labor and Delivery Rates. The Executive Office proposes to increase rates paid for


  17. labor and delivery services by 20 percent.


  18. (o) Managed Care Payment for Antepartum, Delivery, and Postpartum Care. The


  19. Executive Office proposes to increase the payment it makes to the managed care plans by twenty


  20. percent (20%) to reimburse hospitals that provide antepartum, delivery, postpartum, newborn care,


  21. and to pay for other authorized services.


  22. (p) Increase Rates for Home Based Services. To ensure better access to home care services


  23. for children, the elderly and disabled adults, the Executive Office proposes to increase


  24. reimbursement rates in both fee-for-service and managed care to a minimum of $15 an hour for


  25. direct care workers.

    1. (q) Certified Behavioral Healthcare Clinics. The Executive Office proposes to seek


    2. approval from the federal Centers for Medicare and Medicaid Service for any necessary


    3. amendments to the Rhode Island State Plan or 1115 Demonstration Waiver to implement the


    4. Certified Behavioral Health Clinics federal model.


    5. Now, therefore, be it:


    6. (r) Palliative Care. The Executive Office of Health and Human Services proposes to seek


    7. approval from the federal Centers for Medicare and Medicaid Services for an amendment to the


    8. Rhode Island State Plan that ensures palliative care coverage to those age nineteen (19) to under


    9. twenty-six (26) who are either covered by an individual or family health insurance plan but have


    10. aged out of the option to receive services through the Katie Beckett coverage category. The services


    11. offered shall be determined by the Executive Office and may include, but are not limited to,


    12. consultations for pain and symptom management, case management and assessment, social


    13. services, counseling, volunteer support services, and respite services.


    14. (s) Biomarker Testing. The Executive Office of Health and Human Services proposes to


    15. seek approval from the federal Centers for Medicare and Medicaid Services for an amendment to


    16. the Rhode Island State Plan to provide coverage for biomarker testing that must be covered for the


    17. purposes of diagnosis, treatment, appropriate management, or ongoing monitoring of a Medicaid


    18. beneficiary's disease or condition when the test is supported by medical and scientific evidence.


    19. RESOLVED, that the General Assembly hereby approves the proposals stated above in the


    20. recitals; and be it further;


    21. RESOLVED, that the Secretary of the Executive Office of Health and Human Services is


    22. authorized to pursue and implement any waiver amendments, state plan amendments, and/or


    23. changes to the applicable department’s rules, regulations and procedures approved herein and as


    24. authorized by 42-12.4; and be it further;


    25. RESOLVED, that this Joint Resolution shall take effect upon passage.


    26. SECTION 11. Sections 1 through 6 and 9 of this Article shall take effect as of July 1, 2022.


    27. Sections 7, 8 and 10 shall take effect upon passage.

      =======

      art.013/3/011/3/011/2/013/1

      =======


      1. ARTICLE 13 AS AMENDED


      2. RELATING TO HUMAN SERVICES



      3. SECTION 1. Sections 40-5.2-10, 40-5.2-12 and 40-5.2-20 of the General Laws in Chapter


      4. 40-5.2 entitled “The Rhode Island Works Program” are hereby amended to read as follows:


      5. 40-5.2-10. Necessary requirements and conditions.


      6. The following requirements and conditions shall be necessary to establish eligibility for


      7. the program.


      8. (a) Citizenship, alienage, and residency requirements.


      9. (1) A person shall be a resident of the State of Rhode Island.


      10. (2) Effective October 1, 2008, a person shall be a United States citizen, or shall meet the


      11. alienage requirements established in § 402(b) of the Personal Responsibility and Work Opportunity


      12. Reconciliation Act of 1996, PRWORA, Pub. L. No. 104-193 and as that section may hereafter be


      13. amended [8 U.S.C. § 1612]; a person who is not a United States citizen and does not meet the


      14. alienage requirements established in PRWORA, as amended, is not eligible for cash assistance in


      15. accordance with this chapter.


      16. (b) The family/assistance unit must meet any other requirements established by the


      17. department of human services by rules and regulations adopted pursuant to the Administrative


      18. Procedures Act, as necessary to promote the purpose and goals of this chapter.


      19. (c) Receipt of cash assistance is conditional upon compliance with all program


      20. requirements.


      21. (d) All individuals domiciled in this state shall be exempt from the application of


      22. subdivision 115(d)(1)(A) of Pub. L. No. 104-193, the Personal Responsibility and Work


      23. Opportunity Reconciliation Act of 1996, PRWORA [21 U.S.C. § 862a], which makes any


      24. individual ineligible for certain state and federal assistance if that individual has been convicted


      25. under federal or state law of any offense that is classified as a felony by the law of the jurisdiction


      26. and that has as an element the possession, use, or distribution of a controlled substance as defined


      27. in § 102(6) of the Controlled Substances Act (21 U.S.C. § 802(6)).


      28. (e) Individual employment plan as a condition of eligibility.


      29. (1) Following receipt of an application, the department of human services shall assess the


      30. financial conditions of the family, including the non-parent caretaker relative who is applying for

  1. cash assistance for himself or herself as well as for the minor child(ren), in the context of an


  2. eligibility determination. If a parent or non-parent caretaker relative is unemployed or under-


  3. employed, the department shall conduct an initial assessment, taking into account:


  4. (A) The physical capacity, skills, education, work experience, health, safety, family


  5. responsibilities, and place of residence of the individual; and


  6. (B) The child care and supportive services required by the applicant to avail himself or


  7. herself of employment opportunities and/or work readiness programs.


  8. (2) On the basis of this assessment, the department of human services and the department


  9. of labor and training, as appropriate, in consultation with the applicant, shall develop an individual


  10. employment plan for the family that requires the individual to participate in the intensive


  11. employment services. Intensive employment services shall be defined as the work requirement


  12. activities in § 40-5.2-12(g) and (i).


  13. (3) The director, or his or her designee, may assign a case manager to an


  14. applicant/participant, as appropriate.


  15. (4) The department of labor and training and the department of human services in


  16. conjunction with the participant shall develop a revised individual employment plan that shall


  17. identify employment objectives, taking into consideration factors above, and shall include a


  18. strategy for immediate employment and for preparing for, finding, and retaining employment


  19. consistent, to the extent practicable, with the individual's career objectives.


  20. (5) The individual employment plan must include the provision for the participant to


  21. engage in work requirements as outlined in § 40-5.2-12.


  22. (6)(i) The participant shall attend and participate immediately in intensive assessment and


  23. employment services as the first step in the individual employment plan, unless temporarily exempt


  24. from this requirement in accordance with this chapter. Intensive assessment and employment


  25. services shall be defined as the work requirement activities in § 40-5.2-12(g) and (i).


  26. (ii) Parents under age twenty (20) without a high school diploma or general equivalency


  27. diploma (GED) shall be referred to special teen-parent programs that will provide intensive services


  28. designed to assist teen parents to complete high school education or GED, and to continue approved


  29. work plan activities in accord with Rhode Island works program requirements.


  30. (7) The applicant shall become a participant in accordance with this chapter at the time the


  31. individual employment plan is signed and entered into.


  32. (8) Applicants and participants of the Rhode Island works program shall agree to comply


  33. with the terms of the individual employment plan, and shall cooperate fully with the steps


  34. established in the individual employment plan, including the work requirements.

  1. (9) The department of human services has the authority under the chapter to require


  2. attendance by the applicant/participant, either at the department of human services or at the


  3. department of labor and training, at appointments deemed necessary for the purpose of having the


  4. applicant enter into and become eligible for assistance through the Rhode Island works program.


  5. The appointments include, but are not limited to: the initial interview, orientation and assessment;


  6. job readiness; and job search. Attendance is required as a condition of eligibility for cash assistance


  7. in accordance with rules and regulations established by the department.


  8. (10) As a condition of eligibility for assistance pursuant to this chapter, the


  9. applicant/participant shall be obligated to keep appointments; attend orientation meetings at the


  10. department of human services and/or the Rhode Island department of labor and training; participate


  11. in any initial assessments or appraisals; and comply with all the terms of the individual employment


  12. plan in accordance with department of human services rules and regulations.


  13. (11) A participant, including a parent or non-parent caretaker relative included in the cash


  14. assistance payment, shall not voluntarily quit a job or refuse a job unless there is good cause as


  15. defined in this chapter or the department's rules and regulations.


  16. (12) A participant who voluntarily quits or refuses a job without good cause, as defined in


  17. § 40-5.2-12(l), while receiving cash assistance in accordance with this chapter, shall be sanctioned


  18. in accordance with rules and regulations promulgated by the department.


  19. (f) Resources.


  20. (1) The family or assistance unit's countable resources shall be less than the allowable


  21. resource limit established by the department in accordance with this chapter.


  22. (2) No family or assistance unit shall be eligible for assistance payments if the combined


  23. value of its available resources (reduced by any obligations or debts with respect to such resources)


  24. exceeds one five thousand dollars ($1,000) ($5,000).


  25. (3) For purposes of this subsection, the following shall not be counted as resources of the


  26. family/assistance unit in the determination of eligibility for the works program:


  27. (i) The home owned and occupied by a child, parent, relative, or other individual;


  28. (ii) Real property owned by a husband and wife as tenants by the entirety, if the property


  29. is not the home of the family and if the spouse of the applicant refuses to sell his or her interest in


  30. the property;


  31. (iii) Real property that the family is making a good faith effort to dispose of, however, any


  32. cash assistance payable to the family for any such period shall be conditioned upon such disposal


  33. of the real property within six (6) months of the date of application and any payments of assistance


  34. for that period shall (at the time of disposal) be considered overpayments to the extent that they

  1. would not have occurred at the beginning of the period for which the payments were made. All


  2. overpayments are debts subject to recovery in accordance with the provisions of the chapter;


  3. (iv) Income-producing property other than real estate including, but not limited to,


  4. equipment such as farm tools, carpenter's tools, and vehicles used in the production of goods or


  5. services that the department determines are necessary for the family to earn a living;


  6. (v) One vehicle for each adult household member, but not to exceed two (2) vehicles per


  7. household, and in addition, a vehicle used primarily for income-producing purposes such as, but


  8. not limited to, a taxi, truck, or fishing boat; a vehicle used as a family's home; a vehicle that annually


  9. produces income consistent with its fair market value, even if only used on a seasonal basis; a


  10. vehicle necessary to transport a family member with a disability where the vehicle is specially


  11. equipped to meet the specific needs of the person with a disability or if the vehicle is a special type


  12. of vehicle that makes it possible to transport the person with a disability;


  13. (vi) Household furnishings and appliances, clothing, personal effects, and keepsakes of


  14. limited value;


  15. (vii) Burial plots (one for each child, relative, and other individual in the assistance unit)


  16. and funeral arrangements;


  17. (viii) For the month of receipt and the following month, any refund of federal income taxes


  18. made to the family by reason of § 32 of the Internal Revenue Code of 1986, 26 U.S.C. § 32 (relating


  19. to earned income tax credit), and any payment made to the family by an employer under § 3507 of


  20. the Internal Revenue Code of 1986, 26 U.S.C. § 3507 [repealed] (relating to advance payment of


  21. such earned income credit);


  22. (ix) The resources of any family member receiving supplementary security income


  23. assistance under the Social Security Act, 42 U.S.C. § 301 et seq.;


  24. (x) Any veteran's disability pension benefits received as a result of any disability sustained


  25. by the veteran while in the military service.


  26. (g) Income.


  27. (1) Except as otherwise provided for herein, in determining eligibility for and the amount


  28. of cash assistance to which a family is entitled under this chapter, the income of a family includes


  29. all of the money, goods, and services received or actually available to any member of the family.


  30. (2) In determining the eligibility for and the amount of cash assistance to which a


  31. family/assistance unit is entitled under this chapter, income in any month shall not include the first


  32. one three hundred seventy dollars ($170) ($300) of gross earnings plus fifty percent (50%) of the


  33. gross earnings of the family in excess of one three hundred seventy dollars ($170) ($300) earned


  34. during the month.

  1. (3) The income of a family shall not include:


  2. (i) The first fifty dollars ($50.00) in child support received in any month from each


  3. noncustodial parent of a child plus any arrearages in child support (to the extent of the first fifty


  4. dollars ($50.00) per month multiplied by the number of months in which the support has been in


  5. arrears) that are paid in any month by a noncustodial parent of a child;


  6. (ii) Earned income of any child;


  7. (iii) Income received by a family member who is receiving Supplemental Security Income


  8. (SSI) assistance under Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq.;


  9. (iv) The value of assistance provided by state or federal government or private agencies to


  10. meet nutritional needs, including: value of USDA-donated foods; value of supplemental food


  11. assistance received under the Child Nutrition Act of 1966, as amended, and the special food service


  12. program for children under Title VII, nutrition program for the elderly, of the Older Americans Act


  13. of 1965 as amended, and the value of food stamps;


  14. (v) Value of certain assistance provided to undergraduate students, including any grant or


  15. loan for an undergraduate student for educational purposes made or insured under any loan program


  16. administered by the United States Commissioner of Education (or the Rhode Island council on


  17. postsecondary education or the Rhode Island division of higher education assistance);


  18. (vi) Foster care payments;


  19. (vii) Home energy assistance funded by state or federal government or by a nonprofit


  20. organization;


  21. (viii) Payments for supportive services or reimbursement of out-of-pocket expenses made


  22. to foster grandparents, senior health aides, or senior companions and to persons serving in SCORE


  23. and ACE and any other program under Title II and Title III of the Domestic Volunteer Service Act


24 of 1973, 42 U.S.C. § 5000 et seq.;


  1. (ix) Payments to volunteers under AmeriCorps VISTA as defined in the department's rules


  2. and regulations;


  3. (x) Certain payments to native Americans; payments distributed per capita to, or held in


  4. trust for, members of any Indian Tribe under P.L. 92-254, 25 U.S.C. § 1261 et seq., P.L. 93-134,


  5. 25 U.S.C. § 1401 et seq., or P.L. 94-540; receipts distributed to members of certain Indian tribes


  6. which are referred to in § 5 of P.L. 94-114, 25 U.S.C. § 459d, that became effective October 17,


31 1975;


  1. (xi) Refund from the federal and state earned income tax credit and any federal or state


  2. child tax credits or rebates;


  3. (xii) The value of any state, local, or federal government rent or housing subsidy, provided

    1. that this exclusion shall not limit the reduction in benefits provided for in the payment standard


    2. section of this chapter;


    3. (xiii) The earned income of any adult family member who gains employment while an


    4. active RI Works household member. This income is excluded for the first six (6) months of


    5. employment in which the income is earned, or until the household's total gross income exceeds one


    6. hundred eighty-five percent (185%) of the federal poverty level, unless the household reaches its


    7. forty-eight-month (48) sixty (60) month time limit first;


    8. (xiv) Any veteran's disability pension benefits received as a result of any disability


    9. sustained by the veteran while in the military service.


    10. (4) The receipt of a lump sum of income shall affect participants for cash assistance in


    11. accordance with rules and regulations promulgated by the department.


    12. (h) Time limit on the receipt of cash assistance.


    13. (1) On or after January 1, 2020, no cash assistance shall be provided, pursuant to this


    14. chapter, to a family or assistance unit that includes an adult member who has received cash


    15. assistance for a total of forty-eight (48) sixty (60) months (whether or not consecutive), to include


    16. any time receiving any type of cash assistance in any other state or territory of the United States of


    17. America as defined herein. Provided further, in no circumstances other than provided for in


    18. subsection (h)(3) with respect to certain minor children, shall cash assistance be provided pursuant


    19. to this chapter to a family or assistance unit that includes an adult member who has received cash


    20. assistance for a total of a lifetime limit of forty-eight (48) sixty (60) months.


    21. (2) Cash benefits received by a minor dependent child shall not be counted toward their


    22. lifetime time limit for receiving benefits under this chapter should that minor child apply for cash


    23. benefits as an adult.


    24. (3) Certain minor children not subject to time limit. This section regarding the lifetime time


    25. limit for the receipt of cash assistance, shall not apply only in the instances of a minor child(ren)


    26. living with a parent who receives SSI benefits and a minor child(ren) living with a responsible adult


    27. non-parent caretaker relative who is not in the cash assistance payment.


    28. (4) Receipt of family cash assistance in any other state or territory of the United States of


    29. America shall be determined by the department of human services and shall include family cash


    30. assistance funded in whole or in part by Temporary Assistance for Needy Families (TANF) funds


    31. [Title IV-A of the federal Social Security Act, 42 U.S.C. § 601 et seq.] and/or family cash assistance


    32. provided under a program similar to the Rhode Island families work and opportunity program or


    33. the federal TANF program.


    34. (5) (i) The department of human services shall mail a notice to each assistance unit when

      1. the assistance unit has six (6) months of cash assistance remaining and each month thereafter until


      2. the time limit has expired. The notice must be developed by the department of human services and


      3. must contain information about the lifetime time limit, the number of months the participant has


      4. remaining, the hardship extension policy, the availability of a post-employment-and-closure bonus;


      5. and any other information pertinent to a family or an assistance unit nearing the forty-eight-month


      6. (48) sixty (60) month lifetime time limit.


      7. (ii) For applicants who have less than six (6) months remaining in the forty-eight-month


      8. (48) sixty (60) month lifetime time limit because the family or assistance unit previously received


      9. cash assistance in Rhode Island or in another state, the department shall notify the applicant of the


      10. number of months remaining when the application is approved and begin the process required in


      11. subsection (h)(5)(i).


      12. (6) If a cash assistance recipient family was closed pursuant to Rhode Island's Temporary


      13. Assistance for Needy Families Program (federal TANF described in Title IV-A of the Federal


      14. Social Security Act, 42 U.S.C. § 601 et seq.), formerly entitled the Rhode Island family


      15. independence program, more specifically under § 40-5.1-9(2)(c) [repealed], due to sanction


      16. because of failure to comply with the cash assistance program requirements; and that recipient


      17. family received forty-eight (48) sixty (60) months of cash benefits in accordance with the family


      18. independence program, then that recipient family is not able to receive further cash assistance for


      19. his/her family, under this chapter, except under hardship exceptions.


      20. (7) The months of state or federally funded cash assistance received by a recipient family


      21. since May 1, 1997, under Rhode Island's Temporary Assistance for Needy Families Program


      22. (federal TANF described in Title IV-A of the Federal Social Security Act, 42 U.S.C. § 601 et seq.),


      23. formerly entitled the Rhode Island family independence program, shall be countable toward the


      24. time-limited cash assistance described in this chapter.


      25. (i) Time limit on the receipt of cash assistance.


      26. (1) No cash assistance shall be provided, pursuant to this chapter, to a family assistance


      27. unit in which an adult member has received cash assistance for a total of sixty (60) months (whether


      28. or not consecutive) to include any time receiving any type of cash assistance in any other state or


      29. territory of the United States as defined herein effective August 1, 2008. Provided further, that no


      30. cash assistance shall be provided to a family in which an adult member has received assistance for


      31. twenty-four (24) consecutive months unless the adult member has a rehabilitation employment plan


32 as provided in § 40-5.2-12(g)(5).


  1. (2) Effective August 1, 2008, no cash assistance shall be provided pursuant to this chapter


  2. to a family in which a child has received cash assistance for a total of sixty (60) months (whether

  1. or not consecutive) if the parent is ineligible for assistance under this chapter pursuant to subsection


  2. (a)(2) to include any time they received any type of cash assistance in any other state or territory


  3. of the United States as defined herein.


  4. (j) Hardship exceptions.


  5. (1) The department may extend an assistance unit's or family's cash assistance beyond the


  6. time limit, by reason of hardship; provided, however, that the number of families to be exempted


  7. by the department with respect to their time limit under this subsection shall not exceed twenty


  8. percent (20%) of the average monthly number of families to which assistance is provided for under


  9. this chapter in a fiscal year; provided, however, that to the extent now or hereafter permitted by


  10. federal law, any waiver granted under § 40-5.2-34, for domestic violence, shall not be counted in


  11. determining the twenty percent (20%) maximum under this section.


  12. (2) Parents who receive extensions to the time limit due to hardship must have and comply


  13. with employment plans designed to remove or ameliorate the conditions that warranted the


  14. extension.


  15. (k) Parents under eighteen (18) years of age.


  16. (1) A family consisting of a parent who is under the age of eighteen (18), and who has


  17. never been married, and who has a child; or a family consisting of a woman under the age of


  18. eighteen (18) who is at least six (6) months pregnant, shall be eligible for cash assistance only if


  19. the family resides in the home of an adult parent, legal guardian, or other adult relative. The


  20. assistance shall be provided to the adult parent, legal guardian, or other adult relative on behalf of


  21. the individual and child unless otherwise authorized by the department.


  22. (2) This subsection shall not apply if the minor parent or pregnant minor has no parent,


  23. legal guardian, or other adult relative who is living and/or whose whereabouts are unknown; or the


  24. department determines that the physical or emotional health or safety of the minor parent, or his or


  25. her child, or the pregnant minor, would be jeopardized if he or she was required to live in the same


  26. residence as his or her parent, legal guardian, or other adult relative (refusal of a parent, legal


  27. guardian, or other adult relative to allow the minor parent or his or her child, or a pregnant minor,


  28. to live in his or her home shall constitute a presumption that the health or safety would be so


  29. jeopardized); or the minor parent or pregnant minor has lived apart from his or her own parent or


  30. legal guardian for a period of at least one year before either the birth of any child to a minor parent


  31. or the onset of the pregnant minor's pregnancy; or there is good cause, under departmental


  32. regulations, for waiving the subsection; and the individual resides in a supervised supportive-living


  33. arrangement to the extent available.


  34. (3) For purposes of this section, "supervised supportive-living arrangement" means an

    1. arrangement that requires minor parents to enroll and make satisfactory progress in a program


    2. leading to a high school diploma or a general education development certificate, and requires minor


    3. parents to participate in the adolescent parenting program designated by the department, to the


    4. extent the program is available; and provides rules and regulations that ensure regular adult


    5. supervision.


    6. (l) Assignment and cooperation. As a condition of eligibility for cash and medical


    7. assistance under this chapter, each adult member, parent, or caretaker relative of the


    8. family/assistance unit must:


    9. (1) Assign to the state any rights to support for children within the family from any person


    10. that the family member has at the time the assignment is executed or may have while receiving


    11. assistance under this chapter;


    12. (2) Consent to and cooperate with the state in establishing the paternity and in establishing


    13. and/or enforcing child support and medical support orders for all children in the family or assistance


    14. unit in accordance with title 15 of the general laws, as amended, unless the parent or caretaker


    15. relative is found to have good cause for refusing to comply with the requirements of this subsection.


    16. (3) Absent good cause, as defined by the department of human services through the


    17. rulemaking process, for refusing to comply with the requirements of subsections (l)(1) and (l)(2),


    18. cash assistance to the family shall be reduced by twenty-five percent (25%) until the adult member


    19. of the family who has refused to comply with the requirements of this subsection consents to and


    20. cooperates with the state in accordance with the requirements of this subsection.


    21. (4) As a condition of eligibility for cash and medical assistance under this chapter, each


    22. adult member, parent, or caretaker relative of the family/assistance unit must consent to and


    23. cooperate with the state in identifying and providing information to assist the state in pursuing any


    24. third party who may be liable to pay for care and services under Title XIX of the Social Security


25 Act, 42 U.S.C. § 1396 et seq.


  1. 40-5.2-12. Work requirements for receipt of cash assistance.


  2. (a) The department of human services and the department of labor and training shall assess


  3. the applicant/parent or non-parent caretaker relative's work experience, educational, and vocational


  4. abilities, and the department, together with the parent, shall develop and enter into a mandatory,


  5. individual employment plan in accordance with § 40-5.2-10(e).


  6. (b) In the case of a family including two (2) parents, at least one of the parents shall be


  7. required to participate in an employment plan leading to full-time employment. The department


  8. may also require the second parent in a two-parent (2) household to develop an employment plan


  9. if, and when, the youngest child reaches six (6) years of age or older.

    1. (c) The written, individual employment plan shall specify, at minimum, the immediate


    2. steps necessary to support a goal of long-term, economic independence.


    3. (d) All applicants and participants in the Rhode Island works employment program must


    4. attend and participate in required appointments, employment plan development, and employment-


    5. related activities, unless temporarily exempt for reasons specified in this chapter.


    6. (e) A recipient/participant temporarily exempted from the work requirements may


    7. participate in an individual employment plan on a voluntary basis, however, the individual remains


    8. subject to the same program compliance requirements as a participant without a temporary


    9. exemption.


    10. (f) The individual employment plan shall specify the participant's work activity(ies) and


    11. the supportive services that will be provided by the department to enable the participant to engage


    12. in the work activity(ies).


    13. (g) Work requirements for single-parent families. In single-parent households, the


    14. participant parent or non-parent caretaker relative in the cash assistance payment, shall participate


    15. as a condition of eligibility, for a minimum of twenty (20) hours per week if the youngest child in


    16. the home is under the age of six (6), and for a minimum of thirty (30) hours per week if the youngest


    17. child in the home is six (6) years of age or older, in one or more of their required work activities,


    18. as appropriate, in order to help the parent obtain stable, full-time, paid employment, as determined


    19. by the department of human services and the department of labor and training; provided, however,


    20. that he or she shall begin with intensive employment services as the first step in the individual


    21. employment plan. Required work activities are as follows:


    22. (1) At least twenty (20) hours per week must come from participation in one or more of


    23. the following ten (10) work activities:


    24. (i) Unsubsidized employment;


    25. (ii) Subsidized private-sector employment;


    26. (iii) Subsidized public-sector employment;


    27. (iv) Work experience;


    28. (v) On-the-job training;


    29. (vi) Job search and job readiness;


    30. (vii) Community service programs;


    31. (viii) Vocational educational training not to exceed twelve (12) months; provided,


    32. however, that a participant who successfully completes their first year of education at the


    33. community college of Rhode Island, may participate in vocational education training for an


    34. additional twelve (12) months;

      1. (ix) Providing childcare services to another participant parent who is participating in an


      2. approved community service program; and


      3. (x) Adult education in an intensive work-readiness program.


      4. (2) Above twenty (20) hours per week, the parent may participate in one or more of the


      5. following three (3) activities in order to satisfy a thirty-hour (30) requirement:


      6. (i) Job skills training directly related to employment;


      7. (ii) Education directly related to employment; and


      8. (iii) Satisfactory attendance at a secondary school or in a course of study leading to a


      9. certificate of general equivalence if it is a teen parent under the age of twenty (20) who is without


      10. a high school diploma or General Equivalence Diploma (GED).


      11. (3) In the case of a parent under the age of twenty (20), attendance at a secondary school


      12. or the equivalent during the month, or twenty (20) hours per week on average for the month in


      13. education directly related to employment, will be counted as engaged in work.


      14. (4) A parent who participates in a work experience or community service program for the


      15. maximum number of hours per week allowable by the Fair Labor Standards Act (FLSA) is deemed


      16. to have participated in his or her required minimum hours per week in core activities if actual


      17. participation falls short of his or her required minimum hours per week.


      18. (5) A parent who has been determined to have a physical or mental impairment affecting


      19. employment, but who has not been found eligible for Social Security Disability benefits or


      20. Supplemental Security Income must participate in his or her rehabilitation employment plan as


      21. developed with the office of rehabilitation services that leads to employment and/or to receipt of


      22. disability benefits through the Social Security Administration.


      23. (6) A required work activity may be any other work activity permissible under federal


      24. TANF provisions or state-defined Rhode Island works program activity, including up to ten (10)


      25. hours of activities required by a parent's department of children, youth and families service plan.


      26. (h) Exemptions from work requirements for the single-parent family. Work requirements


      27. outlined in subsection (g) shall not apply to a single parent if (and for so long as) the department


      28. finds that he or she is:


      29. (1) Caring for a child below the age of one; provided, however, that a parent may opt for


      30. the deferral from an individual employment plan for a maximum of twelve (12) months during the


      31. twenty-four (24) months of eligibility for cash assistance and provided, further, that a minor parent


      32. without a high school diploma or the equivalent, and who is not married, shall not be exempt for


      33. more than twelve (12) weeks from the birth of the child;


      34. (2) Caring for a disabled family member who resides in the home and requires full-time

  1. care;


  2. (3) A recipient of Social Security Disability benefits or Supplemental Security Income or


  3. other disability benefits that have the same standard of disability as defined by the Social Security


  4. Administration;


  5. (4) An individual receiving assistance who is a victim of domestic violence as determined


  6. by the department in accordance with rules and regulations;


  7. (5) An applicant for assistance in her third trimester or a pregnant woman in her third


  8. trimester who is a recipient of assistance and has medical documentation that she cannot work;


  9. (6) An individual otherwise exempt by the department as defined in rules and regulations


  10. promulgated by the department.


  11. (i) Work requirement for two-parent families.


  12. (1) In families consisting of two (2) parents, one or both parents are required, and shall be


  13. engaged in, work activities as defined below, for an individual or combined total of at least thirty-


  14. five (35) hours per week during the month, not fewer than thirty (30) hours per week of that are


  15. attributable to one or more of the following listed work activities; provided, however, that he or she


  16. shall begin with intensive employment services as the first step in the individual employment plan.


  17. Two-parent work requirements shall be defined as the following:


  18. (i) Unsubsidized employment;


  19. (ii) Subsidized private-sector employment;


  20. (iii) Subsidized public-sector employment;


  21. (iv) Work experience;


  22. (v) On-the-job training;


  23. (vi) Job search and job readiness;


  24. (vii) Community service program;


  25. (viii) Vocational educational training not to exceed twelve (12) months; provided,


  26. however, that a participant who successfully completes their first year of education at the


  27. community college of Rhode Island, may participate in vocational education training for an


  28. additional twelve (12) months;


  29. (ix) The provision of childcare services to a participant individual who is participating in a


  30. community service program; and


  31. (x) Adult education in an intensive work-readiness program.


  32. (2) Above thirty (30) hours per week, the following three (3) activities may also count for


  33. participation:


  34. (i) Job skills training directly related to employment;

  1. (ii) Education directly related to employment; and


  2. (iii) Satisfactory attendance at secondary school or in a course of study leading to a


  3. certificate of general equivalence.


  4. (3) A family with two (2) parents, in which one or both parents participate in a work


  5. experience or community service program, shall be deemed to have participated in core work


  6. activities for the maximum number of hours per week allowable by the Fair Labor Standards Act


  7. (FLSA) if actual participation falls short of his or her required minimum hours per week.


  8. (4) If the family receives childcare assistance and an adult in the family is not disabled or


  9. caring for a severely disabled child, then the work-eligible individuals must be participating in work


  10. activities for an average of at least fifty-five (55) hours per week to count as a two-parent family


  11. engaged in work for the month.


  12. (5) At least fifty (50) of the fifty-five (55) hours per week must come from participation in


  13. the activities listed in subsection (i)(1).


  14. Above fifty (50) hours per week, the three (3) activities listed in subsection (i)(2) may also


  15. count as participation.


  16. (6) A family with two (2) parents receiving child care in which one or both parents


  17. participate in a work experience or community service program for the maximum number of hours


  18. per week allowable by the Fair Labor Standards Act (FLSA) will be considered to have met their


  19. required core hours if actual participation falls short of the required minimum hours per week. For


  20. families that need additional hours beyond the core activity requirement, these hours must be


  21. satisfied in some other TANF work activity.


  22. (j) Exemptions from work requirements for two-parent families. Work requirements


  23. outlined in subsection (i) shall not apply to two-parent families if (and for so long as) the department


  24. finds that:


  25. (1) Both parents receive Supplemental Security Income (SSI);


  26. (2) One parent receives SSI, and the other parent is caring for a disabled family member


  27. who resides in the home and who requires full-time care; or


  28. (3) The parents are otherwise exempt by the department as defined in rules and regulations.


  29. (k) Failure to comply with work requirements -- Sanctions and terminations.


  30. (1) The cash assistance to which an otherwise eligible family/assistance unit is entitled


  31. under this chapter shall be reduced for three (3) months, whether or not consecutive, in accordance


  32. with rules and regulations promulgated by the department, whenever any participant, without good


  33. cause as defined by the department in its rules and regulations, has failed to enter into an individual


  34. employment plan; has failed to attend a required appointment; has refused or quit employment; or

  1. has failed to comply with any other requirements for the receipt of cash assistance under this


  2. chapter. If the family's benefit has been reduced, benefits shall be restored to the full amount


  3. beginning with the initial payment made on the first of the month following the month in which the


  4. parent: (i) Enters into an individual employment plan or rehabilitation plan and demonstrates


  5. compliance with the terms thereof; or (ii) Demonstrates compliance with the terms of his or her


  6. existing individual employment plan or rehabilitation plan, as such plan may be amended by


  7. agreement of the parent and the department.


  8. (2) In the case where appropriate child care has been made available in accordance with


  9. this chapter, a participant's failure, without good cause, to accept a bona fide offer of work,


  10. including full-time, part-time, and/or temporary employment, or unpaid work experience or


  11. community service, shall be deemed a failure to comply with the work requirements of this section


  12. and shall result in reduction or termination of cash assistance, as defined by the department in rules


  13. and regulations duly promulgated.


  14. (3) If the family/assistance unit's benefit has been reduced for a total of three (3) months,


  15. whether or not consecutive in accordance with this section due to the failure by one or more parents


  16. to enter into an individual employment plan, or failure to comply with the terms of his or her


  17. individual employment plan, or the failure to comply with the requirements of this chapter, cash


  18. assistance to the entire family shall end. The family/assistance unit may reapply for benefits, and


  19. the benefits shall be restored to the family/assistance unit in the full amount the family/assistance


  20. unit is otherwise eligible for under this chapter beginning on the first of the month following the


  21. month in which all parents in the family/assistance unit who are subject to the employment or


  22. rehabilitation plan requirements under this chapter: (i) Enter into an individual employment or


  23. rehabilitation plan as applicable, and demonstrate compliance with the terms thereof, or (ii)


  24. Demonstrate compliance with the terms of the parent's individual employment or rehabilitation


  25. employment plan in effect at the time of termination of benefits, as such plan may be amended by


  26. agreement of the parent and the department.


  27. (4) Up to ten (10) days following a notice of adverse action to reduce or terminate benefits


  28. under this subsection, the client may request the opportunity to meet with a social worker to identify


  29. the reasons for non-compliance, establish good cause, and seek to resolve any issues that have


  30. prevented the parent from complying with the employment plan requirements.


  31. (5) Participants whose cases had closed in sanction status pursuant to Rhode Island's prior


  32. Temporary Assistance for Needy Families Program (federal TANF described in Title IV-A of the


  33. federal Social Security Act, 42 U.S.C. § 601 et seq.), the family independence program, more


  34. specifically, § 40-5.1-9(2)(c) [repealed], due to failure to comply with the cash assistance program

  1. requirements, but who had received less than forty-eight (48) months of cash assistance at the time


  2. of closure, and who reapply for cash assistance under the Rhode Island works program, must


  3. demonstrate full compliance, as defined by the department in its rules and regulations, before they


  4. shall be eligible for cash assistance pursuant to this chapter.


  5. (l) Good cause. Good cause for failing to meet any program requirements including leaving


  6. employment, and failure to fulfill documentation requirements, shall be outlined in rules and


  7. regulations promulgated by the department of human services.


  8. 40-5.2-20. Childcare assistance -- Families or assistance units eligible.


  9. (a) The department shall provide appropriate child care to every participant who is eligible


  10. for cash assistance and who requires child care in order to meet the work requirements in


  11. accordance with this chapter.


  12. (b) Low-income child care. The department shall provide child care to all other working


  13. families with incomes at or below one hundred eighty percent (180%) two hundred percent (200%)


  14. of the federal poverty level if, and to the extent, these other families require child care in order to


  15. work at paid employment as defined in the department's rules and regulations. Beginning October


  16. 1, 2013, the The department shall also provide child care to families with incomes below one


  17. hundred eighty percent (180%) two hundred percent (200%) of the federal poverty level if, and to


  18. the extent, these families require child care to participate on a short-term basis, as defined in the


  19. department's rules and regulations, in training, apprenticeship, internship, on-the-job training, work


  20. experience, work immersion, or other job-readiness/job-attachment program sponsored or funded


  21. by the human resource investment council (governor's workforce board) or state agencies that are


  22. part of the coordinated program system pursuant to § 42-102-11. Effective from January 1, 2021,


  23. through June 30, 2022, the department shall also provide childcare assistance to families with


  24. incomes below one hundred eighty percent (180%) of the federal poverty level when such


  25. assistance is necessary for a member of these families to enroll or maintain enrollment in a Rhode


  26. Island public institution of higher education provided that eligibility to receive funding is capped


  27. when expenditures reach $200,000 for this provision. Effective July 1, 2022, the department shall


  28. also provide childcare assistance to families with incomes below two hundred percent (200%) of


  29. the federal poverty level when such assistance is necessary for a member of these families to enroll


  30. or maintain enrollment in a Rhode Island public institution of higher education.


  31. (c) No family/assistance unit shall be eligible for childcare assistance under this chapter if


  32. the combined value of its liquid resources exceeds one million dollars ($1,000,000), which


  33. corresponds to the amount permitted by the federal government under the state plan and set forth


  34. in the administrative rulemaking process by the department. Liquid resources are defined as any

  1. interest(s) in property in the form of cash or other financial instruments or accounts that are readily


  2. convertible to cash or cash equivalents. These include, but are not limited to: cash, bank, credit


  3. union, or other financial institution savings, checking, and money market accounts; certificates of


  4. deposit or other time deposits; stocks; bonds; mutual funds; and other similar financial instruments


  5. or accounts. These do not include educational savings accounts, plans, or programs; retirement


  6. accounts, plans, or programs; or accounts held jointly with another adult, not including a spouse.


  7. The department is authorized to promulgate rules and regulations to determine the ownership and


  8. source of the funds in the joint account.


  9. (d) As a condition of eligibility for childcare assistance under this chapter, the parent or


  10. caretaker relative of the family must consent to, and must cooperate with, the department in


  11. establishing paternity, and in establishing and/or enforcing child support and medical support


  12. orders for any children in the family receiving appropriate child care under this section in


  13. accordance with the applicable sections of title 15, as amended, unless the parent or caretaker


  14. relative is found to have good cause for refusing to comply with the requirements of this subsection.


  15. (e) For purposes of this section, "appropriate child care" means child care, including infant,


  16. toddler, preschool, nursery school, and school-age, that is provided by a person or organization


  17. qualified, approved, and authorized to provide the care by the state agency or agencies designated


  18. to make the determinations in accordance with the provisions set forth herein.


  19. (f) (1) Families with incomes below one hundred percent (100%) of the applicable federal


  20. poverty level guidelines shall be provided with free child care. Families with incomes greater than


  21. one hundred percent (100%) and less than one hundred eighty percent (180%) two hundred percent


  22. (200%) of the applicable federal poverty guideline shall be required to pay for some portion of the


  23. child care they receive, according to a sliding-fee scale adopted by the department in the


  24. department's rules, not to exceed seven percent (7%) of income as defined in subsection (h) of this


  25. section.


  26. (2) Families who are receiving childcare assistance and who become ineligible for


  27. childcare assistance as a result of their incomes exceeding one hundred eighty percent (180%) two


  28. hundred percent (200%) of the applicable federal poverty guidelines shall continue to be eligible


  29. for childcare assistance until their incomes exceed two hundred twenty-five percent (225%) three


  30. hundred percent (300%) of the applicable federal poverty guidelines. To be eligible, the families


  31. must continue to pay for some portion of the child care they receive, as indicated in a sliding-fee


  32. scale adopted in the department's rules, not to exceed seven percent (7%) of income as defined in


  33. subsection (h) of this section, and in accordance with all other eligibility standards.


  34. (g) In determining the type of child care to be provided to a family, the department shall

    1. take into account the cost of available childcare options; the suitability of the type of care available


    2. for the child; and the parent's preference as to the type of child care.


    3. (h) For purposes of this section, "income" for families receiving cash assistance under §


    4. 40-5.2-11 means gross, earned income and unearned income, subject to the income exclusions in


    5. §§ 40-5.2-10(g)(2) and 40-5.2-10(g)(3), and income for other families shall mean gross, earned and


    6. unearned income as determined by departmental regulations.


    7. (i) The caseload estimating conference established by chapter 17 of title 35 shall forecast


    8. the expenditures for child care in accordance with the provisions of § 35-17-1.


    9. (j) In determining eligibility for childcare assistance for children of members of reserve


    10. components called to active duty during a time of conflict, the department shall freeze the family


    11. composition and the family income of the reserve component member as it was in the month prior


    12. to the month of leaving for active duty. This shall continue until the individual is officially


    13. discharged from active duty.


    14. SECTION 2. Chapter 40-6 of the General Laws entitled "Public Assistance Act" is hereby


    15. amended by adding thereto the following section:


    16. 40-6-8.2. Establishment of retail SNAP incentives pilot program.


    17. (a) There shall be established a retail supplemental nutrition assistance program (SNAP)


    18. incentives pilot program to be administered by the department of human services. Funds


    19. appropriated for the program shall be expended first for the implementation and administration of


    20. the retail SNAP incentives program to promote healthy food access and nutrition among Rhode


    21. Island SNAP recipients.


    22. (1) SNAP households will receive fifty cents ($0.50) credit on their electronic benefit


    23. transfer (EBT) card for each one dollar ($1.00) spent on eligible fruits and vegetables at


    24. participating retailers, up to a monthly limit as determined by the department.


    25. (2) This pilot program shall take effect on January 1, 2023, and operate until appropriated


    26. funds are expended.


    27. (b) The department of human services shall promulgate rules, regulations, and procedures


    28. necessary for the implementation of this section including, but not limited to the following:


    29. (1) Eligibility for pilot participation;


    30. (2) Purchases eligible to earn incentive payments;


    31. (3) Monthly incentive limits that may be earned by participating households; and


    32. (4) Eligible uses of earned incentive payments.


    33. (c) The department shall report to the speaker of the house, president of the senate, and


    34. chairpersons of the house and senate finance committees regarding the amount of credits issued

  1. pursuant to this section and administrative expenses, no later than February 15, 2024.


  2. SECTION 3. Section 40-6.2-1.1 of the General Laws in Chapter 40-6.2 entitled “Childcare-


  3. State Subsidies” is hereby amended to read as follows:


  4. 40-6.2-1.1. Rates established.


  5. (a) Through June 30, 2015, subject to the payment limitations in subsection (c), the


  6. maximum reimbursement rates to be paid by the departments of human services and children, youth


  7. and families for licensed childcare centers and licensed family childcare providers shall be based


  8. on the following schedule of the 75th percentile of the 2002 weekly market rates adjusted for the


  9. average of the 75th percentile of the 2002 and the 2004 weekly market rates:


  10. LICENSED CHILDCARE CENTERS 75th PERCENTILE OF WEEKLY


  11. MARKET RATE


12 INFANT $182.00


  1. PRESCHOOL $150.00


  2. SCHOOL-AGE $135.00


  3. LICENSED FAMILY CHILDCARE 75th PERCENTILE OF WEEKLY


  4. PROVIDERS MARKET RATE


17 INFANT $150.00


  1. PRESCHOOL $150.00


  2. SCHOOL-AGE $135.00


  3. Effective July 1, 2015, subject to the payment limitations in subsection (c), the maximum


  4. reimbursement rates to be paid by the departments of human services and children, youth and


  5. families for licensed childcare centers and licensed family childcare providers shall be based on the


  6. above schedule of the 75th percentile of the 2002 weekly market rates adjusted for the average of


  7. the 75th percentile of the 2002 and the 2004 weekly market rates. These rates shall be increased by


  8. ten dollars ($10.00) per week for infant/toddler care provided by licensed family childcare


  9. providers and license-exempt providers and then the rates for all providers for all age groups shall


  10. be increased by three percent (3%). For the fiscal year ending June 30, 2018, licensed childcare


  11. centers shall be reimbursed a maximum weekly rate of one hundred ninety-three dollars and sixty-


  12. four cents ($193.64) for infant/toddler care and one hundred sixty-one dollars and seventy-one


  13. cents ($161.71) for preschool-age children.


  14. (b) Effective July l, 2018, subject to the payment limitations in subsection (c), the


  15. maximum infant/toddler and preschool-age reimbursement rates to be paid by the departments of


  16. human services and children, youth and families for licensed childcare centers shall be


  17. implemented in a tiered manner, reflective of the quality rating the provider has achieved within

  1. the state's quality rating system outlined in § 42-12-23.1.


  2. (1) For infant/toddler child care, tier one shall be reimbursed two and one-half percent


  3. (2.5%) above the FY 2018 weekly amount, tier two shall be reimbursed five percent (5%) above


  4. the FY 2018 weekly amount, tier three shall be reimbursed thirteen percent (13%) above the FY


  5. 2018 weekly amount, tier four shall be reimbursed twenty percent (20%) above the FY 2018 weekly


  6. amount, and tier five shall be reimbursed thirty-three percent (33%) above the FY 2018 weekly


  7. amount.


  8. (2) For preschool reimbursement rates, tier one shall be reimbursed two and one-half


  9. (2.5%) percent above the FY 2018 weekly amount, tier two shall be reimbursed five percent (5%)


  10. above the FY 2018 weekly amount, tier three shall be reimbursed ten percent (10%) above the FY


  11. 2018 weekly amount, tier four shall be reimbursed thirteen percent (13%) above the FY 2018


  12. weekly amount, and tier five shall be reimbursed twenty-one percent (21%) above the FY 2018


  13. weekly amount.


14 (c) [Deleted by P.L. 2019, ch. 88, art. 13, § 4.]


  1. (d) By June 30, 2004, and biennially through June 30, 2014, the department of labor and


  2. training shall conduct an independent survey or certify an independent survey of the then-current


  3. weekly market rates for child care in Rhode Island and shall forward the weekly market rate survey


  4. to the department of human services. The next survey shall be conducted by June 30, 2016, and


  5. triennially thereafter. The departments of human services and labor and training will jointly


  6. determine the survey criteria including, but not limited to, rate categories and sub-categories.


  7. (e) In order to expand the accessibility and availability of quality child care, the department


  8. of human services is authorized to establish, by regulation, alternative or incentive rates of


  9. reimbursement for quality enhancements, innovative or specialized child care, and alternative


  10. methodologies of childcare delivery, including nontraditional delivery systems and collaborations.


  11. (f) Effective January 1, 2007, all childcare providers have the option to be paid every two


  12. (2) weeks and have the option of automatic direct deposit and/or electronic funds transfer of


  13. reimbursement payments.


  14. (g) Effective July 1, 2019, the maximum infant/toddler reimbursement rates to be paid by


  15. the departments of human services and children, youth and families for licensed family childcare


  16. providers shall be implemented in a tiered manner, reflective of the quality rating the provider has


  17. achieved within the state's quality rating system outlined in § 42-12-23.1. Tier one shall be


  18. reimbursed two percent (2%) above the prevailing base rate for step 1 and step 2 providers, three


  19. percent (3%) above prevailing base rate for step 3 providers, and four percent (4%) above the


  20. prevailing base rate for step 4 providers; tier two shall be reimbursed five percent (5%) above the

  1. prevailing base rate; tier three shall be reimbursed eleven percent (11%) above the prevailing base


  2. rate; tier four shall be reimbursed fourteen percent (14%) above the prevailing base rate; and tier


  3. five shall be reimbursed twenty-three percent (23%) above the prevailing base rate.


  4. (h) Through December 31, 2021, the maximum reimbursement rates paid by the


  5. departments of human services, and children, youth and families to licensed childcare centers shall


  6. be consistent with the enhanced emergency rates provided as of June 1, 2021, as follows:


7


Tier 1

Tier 2

Tier 3

Tier 4

Tier 5

8

Infant/Toddler

$257.54

$257.54

$257.54

$257.54

$273.00

9

Preschool Age

$195.67

$195.67

$195.67

$195.67

$260.00

10

School Age

$200.00

$200.00

$200.00

$200.00

$245.00


  1. The maximum reimbursement rates paid by the departments of human services, and


  2. children, youth and families to licensed family childcare providers shall be consistent with the


  3. enhanced emergency rates provided as of June 1, 2021, as follows:


14


Tier 1

Tier 2

Tier 3

Tier 4

Tier 5

15

Infant/Toddler

$224.43

$224.43

$224.43

$224.43

$224.43

16

Preschool Age

$171.45

$171.45

$171.45

$171.45

$171.45

17

School Age

$162.30

$162.30

$162.30

$162.30

$162.30


  1. (i) Effective January 1, 2022, the maximum reimbursement rates to be paid by the


  2. departments of human services and children, youth and families for licensed childcare centers shall


  3. be implemented in a tiered manner, reflective of the quality rating the provider has achieved within


  4. the state's quality rating system outlined in § 42-12-23.1. Maximum weekly rates shall be


  1. reimbursed as follows:


  2. LICENSED CHILDCARE


24 CENTERS

Tier One

Tier Two

Tier Three

Tier Four

Tier Five

25 Infant/Toddler

$236.36

$244.88

$257.15

$268.74

$284.39

26 Preschool

$207.51

$212.27

$218.45

$223.50

$231.39

27 School-Age

$180.38

$182.77

$185.17

$187.57

$189.97


  1. The maximum reimbursement rates for licensed family childcare providers paid by the


  2. departments of human services, and children, youth and families is determined through collective


  3. bargaining. The maximum reimbursement rates for infant/toddler and preschool age children paid


  4. to licensed family childcare providers by both departments is implemented in a tiered manner that


  5. reflects the quality rating the provider has achieved in accordance with § 42-12-23.1.


  6. (j) Effective July 1, 2022, the maximum reimbursement rates to be paid by the departments


  7. of human services and children, youth and families for licensed childcare centers shall be

  1. implemented in a tiered manner, reflective of the quality rating the provider has achieved within


  2. the state's quality rating system outlined in § 42-12-23.1. Maximum weekly rates shall be


  3. reimbursed as follows:


  4. LICENSED CHILDCARE


  5. CENTERS Tier One Tier Two Tier Three Tier Four Tier Five


6 Infant/Toddler $265 $270 $282 $289 $300


7 Preschool $225 $235 $243 $250 $260


8 School-Age $200 $205 $220 $238 $250


9 SECTION 4. This Article shall take effect July 1, 2022.


  1. ARTICLE 14

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    art.014/3/013/2/015/1

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  2. RELATING TO EFFECTIVE DATE



  3. SECTION 1. This act shall take effect as of July 1, 2022, except as otherwise provided


  4. herein.


  5. SECTION 2. This article shall take effect upon passage.