ARTICLE 8 SUBSTITUTE A AS AMENDED
RELATING TO
RESTRICTED RECEIPT ACCOUNTS
SECTION 1. Section 35-4-27 of the General Laws in Chapter
35-4 entitled “State
Funds” is hereby amended to
read as follows:
35-4-27. Indirect cost recoveries on restricted receipt
accounts. -- Indirect cost
recoveries of ten percent (10%) of cash receipts shall be
transferred from all restricted receipt
accounts, to be recorded as general revenues in the general
fund. However, there shall be no
transfer from cash receipts with restrictions received
exclusively: (1) from contributions from
non-profit charitable organizations; (2) from the assessment of
indirect cost recovery rates on
federal grant funds; or (3) through transfers from state agencies
to the department of
administration for the payment of debt service. These indirect cost
recoveries shall be applied to
all accounts, unless prohibited by federal law or
regulation, court order, or court settlement. The
following restricted receipt accounts shall not be subject to
the provisions of this section:
Department of Human
Services
Veterans' home – Restricted account
Veterans' home – Resident benefits
Organ
transplant fund
Veteran's Cemetery Memorial Fund
Department of Health
Pandemic medications and equipment account
Department of Mental
Health, Retardation and Hospitals
Eleanor Slater
non-Medicaid third-party payor account
Hospital Medicare Part D Receipts
RICLAS Group Home Operations
Vigneron
Memorial Fund Grant
Department of
Environmental Management
National heritage revolving fund
Environmental response fund II
Underground storage tank registration fees
Art
for public facilities fund
Historic preservation revolving loan fund
Historic Preservation loan fund – Interest revenue
State Police Department
of Public Safety
Forfeited property – Retained
Forfeitures – Federal
Forfeited property – Gambling
Donation – Polygraph and Law Enforcement Training
Rhode Island State
Firefighter’s League Training Account
Attorney General
Forfeiture of property
Federal forfeitures
Attorney General multi-state account
Department of
Administration
Restore and
replacement – Insurance coverage
Convention Center Authority rental payments
Investment Receipts – TANS
Car
Rental Tax/Surcharge-Warwick Share
OPEB
System Restricted Receipt Account
ARRA Administrative
Expenses – Bureau of Audits
ARRA Administrative
Expenses – Purchasing
Legislature
Audit
of federal assisted programs
Department of Elderly
Affairs
Pharmaceutical
Rebates Account
Department of Children
Youth and Families
Children's Trust Accounts – SSI
Military Staff
RI
Military Family Relief Fund
Treasury
Admin. Expenses – State Retirement System
Retirement – Treasury Investment Options
Business Regulation
Banking Division Reimbursement Account
Office of the Health
Insurance Commissioner Reimbursement Account
Securities Division
Reimbursement Account
Commercial Licensing and
Racing and Athletics Division Reimbursement Account
Insurance Division
Reimbursement Account
Historic Preservation
Tax Credit Account
Judiciary
Arbitration Fund
Restricted Receipt Account
Department of
Elementary and Secondary Education
Statewide Student
Transportation Services Account
Office of the
Governor
ARRA Administrative Expenses – Office of Economic Recovery and ReInvestment
Department of Labor and Training
Job Development Fund – Title
XII loans principal and interest
SECTION 2. Section 16-21-1 of the General Laws in Chapter
16-21 entitled “Health and
Safety of Pupils” is hereby
amended to read as follows:
16-21-1.
Transportation of public and private school pupils. -- (a)
The school
committee of any town or city shall provide suitable
transportation to and from school for pupils
attending public and private schools of elementary and high
school grades, except private schools
that are operated for profit, who reside so far from the
public or private school which the pupil
attends as to make the pupil's regular attendance at school
impractical and for any pupil whose
regular attendance would otherwise be impracticable on
account of physical disability or
infirmity.
(b) For transportation
provided to children enrolled in grades kindergarten through five
(5), school bus monitors, other than the school bus
driver, shall be required on all school bound
and home bound routes. Variances to the requirement for a
school bus monitor may be granted by
the commissioner of elementary and secondary education if
he or she finds that an alternative
plan provides substantially equivalent safety for
children. For the purposes of this section a
"school bus
monitor" means any person sixteen (16) years of age or older.
(c) No school committee
shall negotiate, extend, or renew any transportation contract
unless such contract enables the district to participate in
the statewide transportation system,
without penalty to the district, upon implementation of the
statewide transportation system
described in RIGL §§ 16-21.1-7 and 16-21.1-8. Notice of the
implementation of the statewide
transportation system for in-district transportation shall be
provided in writing by the department
of elementary and secondary education to the
superintendent of each district upon
implementation. Upon implementation of the statewide system of
transportation for all students,
each school committee shall purchase transportation
services for their own resident students by
accessing the statewide system on a fee-for-service basis for
each student; provided, however,
that any school committee that fulfills its transportation
obligations primarily through the use of
district-owned buses or district employees may continue to do so. Variances
to the requirement
for the purchase of transportation services through the
statewide transportation system for non-
public and non-shared routes may be granted by the
commissioner of elementary and secondary
education if the commissioner finds that an alternative system
is more cost effective. All fees paid
for transportation services provided to students under
the statewide system shall be paid into a
statewide student transportation services restricted receipt
account within the department of
elementary and secondary education. Payments from the account
shall be limited to payments to
the transportation service provider and transportation
system consultants. This restricted receipt
account shall not be subject to the indirect cost recoveries
provisions set forth in § 35-4-27.
SECTION 3. Sections 16-21.1-7 and 16-21.1-8 of the General
Laws in Chapter 16-21.1
entitled “Transportation of School Pupils Beyond City and Town
Limits” are hereby amended to
read as follows:
16-21.1-7. Statewide transportation of students with special needs. --
Notwithstanding
the regional structure created in this chapter, and
pursuant to the obligation of school committees
to transport children with special needs to and from
school either within the school district or in
another school district of the state created by § 16-24-4,
the department of elementary and
secondary education, in collaboration with the office of
statewide planning of the department of
administration, and the
and implementation of a statewide system of
transportation of students with special needs to and
from school. The statewide school transportation system
for children with special needs shall be
provided through a competitive request for proposals to which
vendors of transportation services
may respond. Effective upon the implementation of this
statewide system of transportation for
students with special needs, each school committee shall
purchase the transportation services for
their own resident students with special needs by accessing
this integrated statewide system of
transportation for children with special needs on a fee-for-service
basis for each child; provided,
however, that any school committee that fulfills its
transportation obligations primarily through
the use of district-owned buses or district employees may
continue to do so. All fees paid for
transportation services provided to students under the statewide
system shall be paid into a
statewide student transportation services restricted receipt
account within the department of
elementary and secondary education. Payments from the account shall
be limited to payments to
the transportation service provider and transportation
system consultants. This restricted receipt
account shall not be subject to the indirect cost recoveries
provisions set forth in § 35-4-27.
The
goal of the statewide system of transportation for
students with special needs shall be the
reduction of duplication of cost and routes in transporting
children from the various cities and
towns to the same special education program providers using
different buses from each city and
town, the improvement of services to children through the
development of shorter ride times and
more efficient routes of travel, and the reduction of cost
to local school committees through
achieving efficiency in eliminating the need for each school
district to contract for and provide
these specialized transportation services separately. The
department of elementary and secondary
education shall submit a report of their findings and plans to
the general assembly by March 30,
2008.
16-21.1-8. Statewide transportation system for all students to be
established.--
Notwithstanding the regional structure created in this
chapter, the department of elementary and
secondary education, in collaboration with the office of
statewide planning of the department of
administration, and the
of all current transportation services for students in
develop a plan for the creation and implementation of a
statewide system of transportation of all
students to and from school. The statewide school
transportation system for all students shall be
provided through a competitive request for proposals to which
vendors of transportation services
may respond. Effective upon the implementation of this
statewide system of transportation for all
students, each school committee shall purchase the
transportation services for their own resident
students by accessing this integrated statewide system of transportation
on a fee-for-service basis
or each child; provided, however, that any school
committee that fulfills its transportation
obligations primarily through the use of district-owned buses or
district employees may continue
to do so. All fees paid for transportation services
provided to students under the statewide system
shall be paid into a statewide student transportation
services restricted receipt account within the
department of elementary and secondary education. Payments from
the account shall be limited
to payments to the transportation service provider and
transportation system consultants. This
restricted receipt account shall not be subject to the indirect
cost recoveries provisions set forth in
§ 35-4-27.
The goals of the statewide system of transportation for all students shall be
the
reduction of duplication of cost and routes in transporting
children from the various cities and
towns using different buses within and between each city
and town, the improvement of services
to children through the development of shorter ride
times and more efficient routes of travel, and
the reduction of cost to local school committees through
achieving efficiency in eliminating the
need for each school district to contract for and provide
these transportation services separately.
The comprehensive study of all current transportation
services for students in
school districts and development of a plan for a statewide
system of transportation of all students
to and from school shall be completed, with a report to
the general assembly by March 30, 2008.
SECTION 4. Chapter 23-28.2 of the General Laws entitled
“Division of Fire Safety” is
hereby amended by adding thereto the following section:
23-28.2-28.
hereby created within the department of public safety a
restricted receipt account to be known as
the
Island state firefighter’s league shall be deposited
into this account, and shall be used solely to
fund education and training programs for firefighters in
the state.
(b) All amounts
deposited in the
shall be exempt from the indirect cost recovery provisions
of § 35-4-27.
SECTION 5. Chapter 40.1-3 of the General Laws entitled
“Curative Services” is hereby
amended by adding thereto the following section:
40.1-3-16. Vigneron memorial fund grant account.--
(a) There is hereby created
within the department of mental health, retardation, and
hospitals a restricted receipt account to
be known as the Vigneron
memorial fund grant account. Donations deposited into the Vigneron
memorial fund grant account shall be used solely to provide
material for the patients at
Zambarano hospital to improve their ability to express
themselves, participate in motivating
activities, exert greater control over their daily environment,
and increase their independence.
(b) All amounts
deposited in the Vigneron memorial fund grant account
on or after June
24, 2009, shall be exempt from the indirect cost
recovery provisions of § 35-4-27.
SECTION 6. Chapter 42-7 of the General Laws entitled
“Executive Department” is
hereby amended by adding thereto the following section:
42-7-8. American
Recovery and Reinvestment Act Administration Expenses.--
(a)
There is hereby created restricted receipt accounts,
within the office of the governor, for the
office of economic recovery and reinvestment, and within the
department of administration for
the bureau of audits and the division of purchasing, to
be known as ARRA administrative expense
accounts. Payments from the accounts shall be limited to
expenses for administrative oversight
of American Recovery and Reinvestment Act (ARRA) funds.
The governor's office of economic
recovery and reinvestment is authorized by OMB memorandum
09-18 to receive up to one-half
percent (0.5%) of stimulus funding to cover oversight
expenses.
(b) All amounts
deposited in the ARRA administration accounts shall be exempt from the
indirect cost recovery provisions of § 35-4-27.
(c) It is hereby
provided, at the end of the American Recovery and Reinvestment Act
oversight period, balances from the ARRA administrative
accounts shall revert to general
revenues.
SECTION 7. Section 42-75-13 of the General Laws in Chapter
42-75 entitled "Council
on the Arts" is hereby amended to read as follows:
42-75-13.
Appropriation. – (a) During
the fiscal year ending June 30, 2008, the state
lottery division within the department of revenue shall
conduct, pursuant to chapter 62.61 of the
general laws, an instant game to be known as the "Arts
Lottery Game." The net revenue from the
first three (3) months of the running of the "Arts
Lottery Game" shall be deposited in a restricted
revenue account to be used by the Rhode Island Council on the
Arts for the support and
improvement of the arts in this state. The provisions of this
section shall prevail over any
inconsistent provisions of chapter 42-61.
(b) During the fiscal
year ending June 30, 2010, the
shall deposit any funds received from the
to be used for the support and improvement of the arts
in this state. All such funds deposited shall
be exempt from the indirect cost recovery provisions of
section 35-4-7.
SECTION 8. Section 40.1-1-13 of the General Laws in Chapter
40.1-1 entitled
"Department of Mental
Health, Retardation, and Hospitals" is hereby amended to read as follows:
40.1-1-13.
Powers and duties of the office. --
Notwithstanding any provision of the
hospitals shall have the following powers and duties:
(1) To establish and
promulgate the overall plans, policies, objectives, and priorities for
state substance abuse education, prevention and treatment;
provided, however, that the director
shall obtain and consider input from all interested state
departments and agencies prior to the
promulgation of any such plans or policies;
(2) Evaluate and
monitor all state grants and contracts to local substance abuse service
providers;
(3) Develop, provide
for, and coordinate the implementation of a comprehensive state
plan for substance abuse education, prevention and
treatment;
(4) Ensure the collection,
analysis, and dissemination of information for planning and
evaluation of substance abuse services;
(5) Provide support,
guidance, and technical assistance to individuals, local
governments, community service providers, public and private
organizations in their substance
abuse education, prevention and treatment activities;
(6) Confer with all
interested department directors to coordinate the administration of
state programs and policies that directly affect substance
abuse treatment and prevention;
(7) Seek and receive
funds from the federal government and private sources in order to
further the purposes of this chapter;
(8) Act in the capacity
of "state substance abuse authority" as that term has meaning for
coordination of state substance abuse planning and policy and as
it relates to requirements set
forth in pertinent federal substance abuse laws and
regulations;
(9) Propose, review
and/or approve, as appropriate, proposals, policies or plans involving
insurance and managed care systems for substance abuse services
in
(10) To enter into, in
compliance with the provisions of title 37, chapter 2, contractual
relationships and memoranda of agreement as necessary for the
purposes of this chapter;
(11) To license
facilities and programs for the care and treatment of substance abusers,
and for the prevention of substance abuse;
(12) To promulgate
rules and regulations necessary to carry out the requirements of this
chapter;
(13) Perform other acts
and exercise any other powers necessary or convenient to carry
out the intent and purposes of this chapter; and
(14) To exercise the
authority and responsibilities relating to education, prevention and
treatment of substance abuse, as contained in, but not limited
to, the following chapters: chapter
1.10 of title 23; chapter
10.1 of title 23; chapter 28.2 of title 23; chapter 21.2 of title 16; chapter
21.3 of title 16; chapter
50.1 of title 42; chapter 109 of title 42; chapter 69 of title 5 and section
35-4-18.
(15) To establish a
Medicare Part D restricted receipt account in the Hospitals and
Community Rehabilitation Services program to receive
and expend Medicare Part D
reimbursements from pharmacy benefit providers consistent with the
purposes of this chapter.
(16) To establish a
RICLAS Group Home Operations restricted receipt account in the
services for the developmentally disabled program to receive
and expend rental income from
RICLAS group clients for group home-related
expenditures, including food, utilities, community
activities, and the maintenance of group homes.
(17) To establish a
non-Medicaid third-party payor restricted receipt
account in the
hospitals and community rehabilitation services program to
receive and expend reimbursement
from non-Medicaid third-party payors
to fund hospital patient services that are not Medicaid
eligible.
SECTION 9. Chapter 23-28.2 of the General Laws entitled
"Division of Fire Safety" is
hereby amended by adding thereto the following section:
23-28.2-29. Fire
academy training fees restricted receipt account. – There is hereby
created with the department of public safety a restricted
receipt account to be known as the fire
academy training fees account. All receipts collected
pursuant to section 23-28.2-23 shall be
deposited in this account and shall be used to fund costs
associated with the fire training
academy. All amounts deposited into the fire academy training
restricted receipt account shall be
exempt from the indirect cost recovery provisions of section
35-4-27.
SECTION 10. Section 9 shall take effect on July 1, 2010. The
remainder of this article
shall take effect upon passage and shall apply retroactively
to July 1, 2009, except as provided
within.