Chapter 429

2003 -- H 5629

Enacted 08/06/03

A N A C T

RELATING TO THE DEPARTMENT OF ADMINISTRATION - STATE TAX OFFICIALS

Introduced By: Representative Gordon D. Fox

Date Introduced: February 11, 2003

It is enacted by the General Assembly as follows:

SECTION 1. Section 42-11-2 of the General Laws in Chapter 42-11 entitled "Department

of Administration" is hereby amended to read as follows:

42-11-2. Powers and duties of department. -- The department of administration shall

have the following powers and duties:

(a) To prepare a budget for the several state departments and agencies, subject to the

direction and supervision of the governor;

(b) To administer the budget for all state departments and agencies, except as

specifically exempted by law;

procedures, and methods for the state departments and agencies, conforming to such accounting

standards and methods as are prescribed by law;

(d) To purchase or to contract for the supplies, materials, articles, equipment, printing,

and services needed by state departments and agencies, except as specifically exempted by law;

(e) To prescribe standard specifications for those purchases and contracts and to enforce

compliance with specifications;

(f) To supervise and control the advertising for bids and awards for state purchases;

(g) To regulate the requisitioning and storage of purchased items, the disposal of surplus

and salvage, and the transfer to or between state departments and agencies of needed supplies,

equipment, and materials;

(h) To maintain, equip, and keep in repair the state house, state office building, and other

premises owned or rented by the state for the use of any department or agency, excepting those

buildings, the control of which is vested by law in some other agency;

(i) To provide for the periodic inspection, appraisal or inventory of all state buildings and

property, real and personal;

(j) To require reports from state agencies on the buildings and property in their custody;

(k) To issue regulations to govern the protection and custody of the property of the state;

(l) To assign office and storage space and to rent and lease land and buildings for the use

of the several state departments and agencies in the manner provided by law;

(m) To control and supervise the acquisition, operation, maintenance, repair, and

replacement of state-owned motor vehicles by state agencies;

(n) To maintain and operate central duplicating and mailing service for the several state

departments and agencies;

(o) To furnish the several departments and agencies of the state with other essential

office services;

(p) To survey and examine the administration and operation of the state departments and

agencies, submitting to the governor proposals to secure greater administrative efficiency and

economy, to minimize the duplication of activities, and to effect a better organization and

consolidation of functions among state agencies;

(q) To assess and collect all taxes levied by the state by virtue of the various laws of the

state;

(r) To analyze, evaluate, and appraise the tax system of the state, and to make

recommendations for its revision in accordance with the best interests of the economy of the

state;

(s) To operate a merit system of personnel administration and personnel management as

defined in section 36-3-3 in connection with the conditions of employment in all state

departments and agencies within the classified service;

(t) To assign or reassign, with the approval of the governor, any functions, duties, or

powers established by this chapter to any agency within the department;

(u) To establish, maintain, and operate a data processing center or centers, approve the

acquisition and use of electronic data processing services by state agencies, furnish staff

assistance in methods, systems and programming work to other state agencies, and arrange for

and effect the centralization and consolidation of punch card and electronic data processing

equipment and services in order to obtain maximum utilization and efficiency;

(v) To devise, formulate, promulgate, supervise, and control a comprehensive and

coordinated statewide information system designed to improve the data base used in the

management of public resources, to consult and advise with other state departments and agencies

and municipalities to assure appropriate and full participation in this system, and to encourage the

participation of the various municipalities of this state in this system by providing technical or

other appropriate assistance toward establishing, within those municipalities, compatible

information systems in order to obtain the maximum effectiveness in the management of public

resources;

(1) The comprehensive and coordinated statewide information system may include a

Rhode Island geographic information system of land-related economic, physical, cultural and

natural resources.

(2) In order to ensure the continuity of the maintenance and functions of the geographic

information system, the general assembly may annually appropriate such sum as it may deem

necessary to the department of administration for its support.

(w) To administer a statewide planning program including planning assistance to the

state departments and agencies;

(x) To administer a statewide program of photography and photographic services;

(y) To negotiate with public or private educational institutions in the state, in cooperation

with the department of health, for state support of medical education;

(z) To promote the expansion of markets for recovered material and to maximize their

return to productive economic use through the purchase of materials and supplies with recycled

content by the state of Rhode Island to the fullest extent practically feasible;

(aa) To approve costs as provided in section 23-19-32; and

(bb) To provide all necessary civil service tests for child protective investigators and

social workers at least twice each year and to maintain an adequate hiring list for these positions

at all times.

(cc) To prepare a report every three (3) months by all current property leases or rentals

by any state or quasi-state agency to include the following information:

(1) Name of lessor;

(2) Description of the lease (purpose, physical characteristics, and location);

(3) Cost of the lease;

(4) Amount paid to date;

(5) Date initiated;

(6) Date covered by the lease.

(dd) To provide by December 31, 1995 the availability of automatic direct deposit to any

recipient of a state benefit payment, provided that the agency responsible for making that

payment generates one thousand (1,000) or more such payments each month.

(ee) To operate a division of motor vehicles. The division will be responsible for

activities assigned to it by law, including but not limited to, motor vehicle registration, testing and

licensing of motor vehicle operators, inspection of motor vehicles, and enforcement of laws

relating to the issuance, suspension and revocation of motor vehicle registrations and drivers'

licenses. The division shall administer the financial responsibility law. The chief of the division

shall use the title and designation "administrator" on all licenses, registrations, orders of

suspensions, financial responsibility notices or orders, or any other official documents issued or

promulgated by the division.

(ff) To operate the Rhode Island division of sheriffs as provided in section 42-11-21.

(gg) To operate a statewide child support enforcement program in accordance with title

IV-D of the Social Security Act and under title 15 of the Rhode Island general laws.

SECTION 2. Sections 44-1-2 and 44-1-3 of the General Laws in Chapter 44-1 entitled

"State Tax Officials" is hereby amended to read as follows:

44-1-2. Powers and duties of tax administrator. -- The tax administrator is required:

(1) To assess and collect all taxes previously assessed by the division of state taxation in

the department of revenue and regulation, including the franchise tax on domestic corporations,

corporate excess tax, tax upon gross earnings of public service corporations, tax upon interest

bearing deposits in national banks, the inheritance tax, tax on gasoline and motor fuels, and tax on

the manufacture of alcoholic beverages;

(2) To assess and collect the taxes upon banks and insurance companies previously

administered by the division of banking and insurance in the department of revenue and

regulation, including the tax on foreign and domestic insurance companies, tax on foreign

building and loan associations, deposit tax on savings banks, and deposit tax on trust companies;

(3) To assess and collect the tax on pari-mutuel or auction mutuel betting, previously

administered by the division of horse racing in the department of revenue and regulation;

(4) To collect the fees and to account for all funds relating to the registration of motor

vehicles and the licensing of operators, previously administered by the division of motor vehicles

in the department of revenue and regulation.

(5) To operate a statewide child support enforcement program. The division of taxation

will be responsible for activities assigned to it by law, including, but not limited to, establishing

paternity, establishing enforcing and modifying child support and medical orders pursuant to IV-

D of the Social Security Act, 42 USC section 651 et seq., Title 15 of the Rhode Island general

laws and other appropriate state and federal child support laws and regulations.

44-1-33. Indemnification. - - (a) The state shall indemnify the tax administrator for any

recovery against him or her in his or her personal capacity arising out of any act or omission

occurring within the scope of his or her duties as tax administrator; provided that the act or

omission was not the result of actual fraud, willful misconduct, or actual malice.

(b) The state shall also indemnify the associate directors for revenue services of the

department of administration, within the division of taxation, child support enforcement, and

motor vehicles, and their assigns or designees, for any recovery against him or her in his or her

personal capacity arising out of any act or omission occurring within the scope of his or her duties

as such, provided that the act or omission was not the result of actual fraud, willful misconduct, or

actual malice.

SECTION 3. This act shall take effect upon passage.

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LC02171

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