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ARTICLE 13 AS AMENDED |
RELATING TO BUDGET ACCOUNTS
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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: |
Executive Office of Health and Human Services |
Organ Transplant Fund |
HIV Care Grant Drug Rebates |
Department of Human Services |
Veterans' home – Restricted account |
Veterans' home – Resident benefits |
Pharmaceutical Rebates Account |
Demand Side Management Grants |
Veteran's Cemetery Memorial Fund |
Donations- New Veterans' Home Construction |
Department of Health |
Providence Water Lead Grant |
Pandemic medications and equipment account |
Miscellaneous Donations/Grants from Non-Profits |
State Loan Repayment Match |
Department of Behavioral Healthcare, Developmental Disabilities and Hospitals |
Eleanor Slater non-Medicaid third-party payor account |
Hospital Medicare Part D Receipts |
RICLAS Group Home Operations |
Commission on the Deaf and Hard of Hearing |
Emergency and public communication access account |
Department of Environmental Management |
National heritage revolving fund |
Environmental response fund II |
Underground storage tanks registration fees |
Rhode Island Historical Preservation and Heritage Commission |
Historic preservation revolving loan fund |
Historic Preservation loan fund – Interest revenue |
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 |
Fire Academy Training Fees Account |
Attorney General |
Forfeiture of property |
Federal forfeitures |
Attorney General multi-state account |
Forfeited property – Gambling |
Department of Administration |
RI Health Benefits Exchange |
Office of Management and Budget |
Information Technology Investment Fund |
Restore and replacement – Insurance coverage |
Convention Center Authority rental payments |
Investment Receipts – TANS |
Car Rental Tax/Surcharge-Warwick Share |
Housing Resources Commission Restricted Account |
Department of Revenue |
Jobs Tax Credit Redemption Fund |
Legislature |
Audit of federal assisted programs |
Department of Children, Youth and Families |
Children's Trust Accounts – SSI |
Military Staff |
RI Military Family Relief Fund |
RI National Guard Counterdrug Program |
Treasury |
Admin. Expenses – State Retirement System |
Retirement – Treasury Investment Options |
Defined Contribution – Administration - RR |
Violent Crimes Compensation – Refunds |
Treasury Research Fellowship |
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 |
Third Party Grants |
RI Judiciary Technology Surcharge Account |
Department of Elementary and Secondary Education |
Statewide Student Transportation Services Account |
School for the Deaf Fee for Service Account |
Davies Career and Technical School Local Education Aid Account |
Davies – National School Breakfast & Lunch Program |
Department of Labor and Training |
Job Development Fund |
Department of Transportation |
Rhode Island Highway Maintenance Account |
SECTION 2. Section 35-6-1 of the General Laws in Chapter 35-6 entitled “Accounts and |
Control” is hereby amended to read as follows: |
35-6-1. Controller – Duties in general. – (a) Within the department of administration |
there shall be a controller who shall be appointed by the director of administration pursuant to |
chapter 4 of title 36. The controller shall be responsible for accounting and expenditure control |
and shall be required to: |
(1) Administer a comprehensive accounting and recording system which will classify the |
transactions of the state departments and agencies in accordance with the budget plan; |
(2) Maintain control accounts for all supplies, materials, and equipment for all |
departments and agencies except as otherwise provided by law; |
(3) Prescribe a financial, accounting, and cost accounting system for state departments |
and agencies; |
(4) Preaudit all state receipts and expenditures; |
(5) Prepare financial statements required by the several departments and agencies, by the |
governor, or by the general assembly; |
(6) Approve the orders drawn on the general treasurer; provided, that the preaudit of all |
expenditures under authority of the legislative department and the judicial department by the state |
controller shall be purely ministerial, concerned only with the legality of the expenditure and |
availability of the funds, and in no event shall the state controller interpose his or her judgment |
regarding the wisdom or expediency of any item or items of expenditure; |
(7) Prepare and timely file, on behalf of the state, any and all reports required by the |
United States, including, but not limited to, the internal revenue service, or required by any |
department or agency of the state, with respect to the state payroll; and |
(8) Prepare a preliminary closing statement for each fiscal year. The controller shall |
forward the statement to the chairpersons of the house finance committee and the senate finance |
committee, with copies to the house fiscal advisor and the senate fiscal and policy advisor, by |
September 1 following the fiscal year ending the prior June 30 or thirty (30) days after enactment |
of the appropriations act, whichever is later. The report shall include but is not limited to: |
(i) A report of all revenues received by the state in the completed fiscal year, together |
with the estimates adopted for that year as contained in the final enacted budget, and together |
with all deviations between estimated revenues and actual collections. The report shall also |
include cash collections and accrual adjustments; |
(ii) A comparison of actual expenditures with each of the actual appropriations, including |
supplemental appropriations and other adjustments provided for in the Rhode Island General |
Laws; |
(iii) A statement of the opening and closing surplus in the general revenue account; and |
(iv) A statement of the opening surplus, activity, and closing surplus in the state budget |
reserve and cash stabilization account and the state bond capital fund. |
(b) The controller shall provide supporting information on revenues, expenditures, capital |
projects, and debt service upon request of the house finance committee chairperson, senate |
finance committee chairperson, house fiscal advisor, or senate fiscal and policy advisor. |
(c) Upon issuance of the audited annual financial statement, the controller shall provide a |
report of the differences between the preliminary financial report and the final report as contained |
in the audited annual financial statement. |
(d) Upon issuance of the audited financial statement, the controller shall transfer all |
general revenues received in the completed fiscal year, net of transfer to the state budget reserve |
and cash stabilization account as required by § 35-3-20, in excess of those estimates adopted for |
that year as contained in the final enacted budget to the employees' retirement system of the state |
of Rhode Island as defined in § 36-8-2. |
(e)(d) The controller shall create a special fund not part of the general fund and shall |
deposit amounts equivalent to all deferred contributions under this act into that fund. Any |
amounts remaining in the fund on June 15, 2010, shall be transferred to the general treasurer who |
shall transfer such amounts into the retirement system as appropriate. |
(f)(e) The controller shall implement a direct deposit payroll system for state employees. |
(i) There shall be no service charge of any type paid by the state employee at any time |
which shall decrease the net amount of the employee's salary deposited to the financial institution |
of the personal choice of the employee as a result of the use of direct deposit. |
(ii) Employees hired after September 30, 2014, shall participate in the direct deposit |
system. At the time the employee is hired, the employee shall identify a financial institution that |
will serve as a personal depository agent for the employee. |
(iii) No later than June 30, 2016, each employee hired before September 30, 2014, who is |
not a participant in the direct deposit system, shall identify a financial institution that will serve as |
a personal depository agent for the employee. |
(iv) The controller shall promulgate rules and regulations as necessary for |
implementation and administration of the direct deposit system, which shall include limited |
exceptions to required participation. |
SECTION 3. Section 1 shall take effect upon passage. Section 2 shall take effect as of |
July 1, 2014. |