law17302-07

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art.007/5/007/4/007/3/007/2/007/1

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ARTICLE 7

RELATING TO STATE FUNDS

SECTION 1. Section 21-28.6-17 of the General Laws in Chapter 21-28.6 entitled "The

Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act" is hereby amended to read as

follows:

21-28.6-17. Revenue.

(a) Effective July 1, 2016, all fees collected by the departments of health and business

regulation from applicants, registered patients, primary caregivers, authorized purchasers, licensed

cultivators, and cooperative cultivations, compassion centers, and compassion-center cardholders

shall be placed in restricted-receipt accounts to support the state's medical marijuana program.,

including but not limited to, payment of expenses incurred by the departments of health and

business regulation for the administration of the program.

(b) All revenues remaining in the restricted receipt accounts after payments specified in

subdivision subsection (a) of this section shall first be paid to cover any existing deficit in the

department of health's restricted-receipt account or the department of business regulation's

restricted-receipt account. These transfers shall be made annually on the last business day of the

fiscal year.

subdivisions subsections (a) and (b) shall be paid into the state's general fund. These payments

shall be made annually on the last business day of the fiscal year.

SECTION 2. 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

OER Reconciliation Funding

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

OPEB System Restricted Receipt Account

Car Rental Tax/Surcharge-Warwick Share

Executive Office of Commerce

Housing Resources Commission Restricted Account

Department of Revenue

DMV Modernization Project

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

Office of the Post-Secondary Postsecondary Commissioner

Westerly Higher Education and Industry Center

Department of Labor and Training

Job Development Fund

Department of Transportation

Rhode Island Highway Maintenance Account

SECTION 3. Section 39-26.6-4 of the General Laws in Chapter 39-26.6 entitled "The

Renewable Energy Growth Program" is hereby amended to read as follows:

39-26.6-4. Continuation of board.

(a) The distributed generation standard contract board shall remain fully constituted and

authorized as provided in chapter 26.2 of title 39; provided, however, that the name shall be

changed to the "distributed-generation board". Additional purposes of the board shall be to:

(1) Evaluate and make recommendations to the commission regarding ceiling prices and

annual targets, the make-up of renewable-energy classifications eligible under the distributed-

generation growth program, the terms of the tariffs, and other duties as set forth in this chapter;

(2) Provide consistent, comprehensive, informed, and publicly accountable involvement

by representatives of all interested stakeholders affected by, involved with, or knowledgeable about

the development of distributed-generation projects that are eligible for performance-based

incentives under the distributed-generation growth program; and

(3) Monitor and evaluate the effectiveness of the distributed-generation growth program.

(b) The office, in consultation with the board, shall be authorized to hire, or to request the

electric-distribution company to hire, the services of qualified consultants to perform ceiling price

studies subject to commission approval that shall be granted or denied within sixty (60) days of

receipt of such request from the office. The cost of such studies shall be recoverable through the

rate-reconciliation provisions of the electric-distribution company set forth in § 39-26.6-25, subject

to commission approval. In addition, the office, in consultation with the board, may request the

commission to approve other costs incurred by the board, office, or the electric-distribution

company to utilize consultants for annual programmatic services or to perform any other studies

and reports, subject to the review and approval of the commission, that shall be granted or denied

within one hundred twenty (120) days of receipt of such request from the office, and that shall be

recoverable through the same reconciliation provisions.

incurred as outlined in subsection (b) shall be transferred to the office and deposited in a restricted-

receipt account within the general fund. The restricted-receipt account shall be exempt from the

indirect cost recovery assessment under §35-4-27.

SECTION 4. Chapter 42.17.1 of the General Laws entitled "Department of Environmental

Management" is hereby amended by adding thereto the following sections:

42-17.1-27. Eisenhower House – Rental fees.

(a) There is hereby established within the department of environmental management a

restricted-receipt account entitled "Eisenhower house". All proceeds from rental fees for the use of

the Eisenhower house and its surrounding grounds shall be deposited into this account and used for

reinvestment and maintenance of the facility. The rental fees for the use of Eisenhower house and

surrounding grounds shall be established by regulation. The department of environmental

management may require certain attendants to be present during rental hours, and may require the

lessees to reimburse the cost of such service provided to reflect the actual cost to the department.

The department may also require reasonable amounts of liability insurance to be obtained by the

lessee.

(b) The department of environmental management and the state shall not be civilly liable

for the acts or omissions of the lessees of the Eisenhower house.

SECTION 5. Chapter 42-28 of the General Laws entitled "State Police" is hereby amended

by adding thereto the following section:

42-28-49.1. Non-state agency reimbursements.

There is hereby established within the general fund a restricted-receipt account to be known

as the "state police non-state-agency reimbursements" account. All revenues deposits deposited

into the account from non-state-agencies shall be used to reimburse the state police for costs

incurred in support of non-state agency programs and activities. All funds deposited into the

account shall be exempt from the indirect cost recovery provisions of §35-4-27.

SECTION 6. Section 42-45-12 of the General Laws entitled "Rhode Island Historical

Preservation and Heritage Commission" is hereby repealed.

42-45-12. Eisenhower House – Rental fees.

(a) The historical preservation and heritage commission is hereby authorized to collect

rental fees for use of the Eisenhower House and surrounding grounds. The rental fees shall be

established by regulation. All fees collected under this section shall be deposited as general

revenues. The historical preservation and heritage commission may require certain attendants to be

present during rental hours and may require the lessees to reimburse the cost of such service

provided such cost reflect the actual cost of the commission. The commission may also require

reasonable amounts of liability insurance to be obtained by the lessee.

(b) The historical preservation and heritage commission and the state shall not be civilly

liable for the acts or omissions of the lessees of the Eisenhower House.

SECTION 7. Chapter 42-72 of the General Laws entitled "Department of Children, Youth

and Families" is hereby amended by adding thereto the following section:

42-72-36.4. Foundation grants.

All grant funds from nonprofit charitable organizations accepted by the department of

children, youth and families with formally established agreements with an approved budget for

their use, shall be deposited as restricted receipts.

SECTION 8. 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

chapter 61 of title 42.

(b) During the fiscal year ending June 30, 2010, the The Rhode Island Council on the Arts

shall deposit any funds received from the Rhode Island Foundation in a restricted-receipt account

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 § 35-4-7 §35-24-27.

SECTION 9. Section 35-3-7 of the General Laws in Chapter 35-3 entitled "State Budget"

is hereby amended to read as follows:

35-3-7. Submission of budget to general assembly -- Contents.

(a) On or before the third Thursday in January in each year of each January session of the

general assembly, the governor shall submit to the general assembly a budget containing a complete

plan of estimated revenues and proposed expenditures, with a personnel supplement detailing the

number and titles of positions of each agency and the estimates of personnel costs for the next fiscal

year, and with the inventory required by § 35-1.1-3(b)(4). Provided, however, in those years that a

new governor is inaugurated, the new governor shall submit the budget on or before the first

Thursday in February. In the budget the governor may set forth in summary and detail:

(1) Estimates of the receipts of the state during the ensuing fiscal year under laws existing

at the time the budget is transmitted and also under the revenue proposals, if any, contained in the

budget, and comparisons with the estimated receipts of the state during the current fiscal year, as

well as actual receipts of the state for the last two (2) completed fiscal years.

(2) Estimates of the expenditures and appropriations necessary in the governor's judgment

for the support of the state government for the ensuing fiscal year, and comparisons with

appropriations for expenditures during the current fiscal year, as well as actual expenditures of the

state for the last two (2) complete fiscal years; provided, further, in the event the budget submission

includes any transfers of resources from public corporations to the general fund, the budget

submission shall also include alternatives to said transfers.

(3) Financial statements of the:

(i) Condition of the treasury at the end of the last completed fiscal year;

(ii) The estimated condition of the treasury at the end of the current fiscal year; and

(iii) Estimated condition of the treasury at the end of the ensuing fiscal year if the financial

proposals contained in the budget are adopted.

(4) All essential facts regarding the bonded and other indebtedness of the state.

(5) A report indicating those program revenues and expenditures whose funding source is

proposed to be changed from state appropriations to restricted receipts, or from restricted receipts

to other funding sources.

(6) Such other financial statements and data as in the governor's opinion are necessary or

desirable.

(b) Any other provision of the general laws to the contrary notwithstanding, the proposed

appropriations submitted by the governor to the general assembly for the next ensuing fiscal year

should not be more than five and one-half percent (5.5%) in excess of total state appropriations,

excluding any estimated supplemental appropriations, enacted by the general assembly for the

fiscal year previous to that for which the proposed appropriations are being submitted; provided

that the increased state-share provisions required to achieve fifty percent (50%) state financing of

local school operations as provided for in P.L. 1985, ch. 182, shall be excluded from the definition

of total appropriations.

assembly a budget for the fiscal year ending June 30, 2006, not later than the fourth (4th) Thursday

in January 2005.

(d) Notwithstanding the provisions of § 35-3-7(a), the governor shall submit to the general

assembly a supplemental budget for the fiscal year ending June 30, 2006, and/or a budget for the

fiscal year ending June 30, 2007, not later than Thursday, January 26, 2006.

(e) Notwithstanding the provisions of § 35-3-7(a), the governor shall submit to the general

assembly a supplemental budget for the fiscal year ending June 30, 2007, and/or a budget for the

fiscal year ending June 30, 2008, not later than Wednesday, January 31, 2007.

(f) Notwithstanding the provisions of § 35-3-7(a), the governor shall submit to the general

assembly a budget for the fiscal year ending June 30, 2012, not later than Thursday, March 10,

2011.

(g) Notwithstanding the provisions of § 35-3-7(a), the governor shall submit to the general

assembly a budget for the fiscal year ending June 30, 2013, not later than Tuesday, January 31,

2012.

(h) Notwithstanding the provisions of § 35-3-7(a), the governor shall submit to the general

assembly a budget for the fiscal year ending June 30, 2016, not later than Thursday, March 12,

2015.

SECTION 10. Chapter 35-5 of the General Laws entitled "Rotary Funds" is hereby

amended by adding thereto the following section:

35-5-10. Reimbursement of rotary funds for services provided to state agencies.

Notwithstanding the provisions of §35-5-5, any rotary or rotating fund established for

centralized services under the control of the department of administration, including information

technology, capital asset management and maintenance and human resources, shall consist of, in

addition to such sums as may be provided by appropriation for that purpose, the receipts and

reimbursements accruing to the fund. Any state department or agency receiving or drawing

services, goods, wares, or merchandise from these programs, or receiving benefits therefrom, shall

reimburse the rotary fund for the cost. The reimbursement of the rotary fund shall be made by each

department or agency at the close of each calendar month through a process established by the state

controller to the order of the respective rotary fund. The state controller shall charge payments to

the proper appropriation for the operation and maintenance of the benefitting department or agency.

On or before October 15, 2017, and quarterly thereafter, the director of the department of

administration shall provide a report to the speaker of the house and senate president, with copies

to the chairpersons of the house and senate finance committees, detailing the fund activity for the

previous quarter, including a breakdown of the fund activity of each department or agency.

SECTION 11. Section 37-2-12 of the General Laws in Chapter 37-2 entitled "State

Purchases" is hereby amended to read as follows:

37-2-12. Centralization of the procurement authority.

(a) All rights, powers, duties, and authority relating to the procurement of supplies,

services, and construction, and the management, control, warehousing, sale, and disposal of

supplies, services, and construction now vested in or exercised by any state agency under the

several statutes relating thereto are hereby transferred to the chief purchasing officer as provided

in this chapter, subject to the provisions of § 37-2-54. A public agency does not have to utilize the

centralized purchasing of the state but the public agency, through its existing internal purchasing

function, shall adhere to the general principles, policies and practices set forth in this chapter.

(b) The chief purchasing officer, as defined in §37-2-7(3)(i), may establish, charge, and

collect from state contractors, listed on master-price agreements, a statewide contract

administrative fee not to exceed one percent (1%) of the total value of the annual spend against a

contract awarded to a state contractor. All statewide contract administrative fees collected pursuant

to this subsection shall be deposited into a restricted-receipt account within the general fund

designated as the "division of purchases administrative-fee account" and shall be used for the

purposes of implementing technology for the submission and processing of bids, online vendor

registration, bid notification, and other costs related to state procurement. On or before January 15,

2019, and annually thereafter on or before January 15, the chief purchasing officer or designee shall

file a report with the governor, the speaker of the house, and the president of the senate detailing:

(i) The total amount of funds collected and deposited into the division of purchases

administrative-fee account for the most recently completed fiscal year;

(ii) The account balance as of the date of the report;

(iii) An itemization of all expenditures and other uses of said funds from said account for

the most recently completed fiscal year; and

(iv) An annual evaluation as to the appropriateness of the amount of the contract

administrative fee on master-price agreements.

controller is authorized to offset any currently recorded outstanding liability on the part of

developmental disability organizations (DDOs) to repay previously authorized startup capital

advances against the proceeds from the sale of group homes within a fiscal year prior to any sale

proceeds being deposited into the information technology investment fund.

SECTION 12. Section 37-7-15 of the General Laws in Chapter 37-7 entitled "Management

and Disposal of Property" is hereby amended to read as follows:

37-7-15. Sale of state-owned land, buildings and improvements thereon and other real

property.

(a) Total annual proceeds from the sale of any land and the buildings and improvements

thereon, and other real property, title to which is vested in the Sstate of Rhode Island or title to

which will be vested in the state upon completion of any condemnation or other proceedings, shall

be transferred to and made available for the purposes outlined in § 42-11-2.5 of the general laws,

unless otherwise prohibited by federal law.

(b) Provided, however, this shall not include proceeds from the sale of any land and the

buildings and improvements thereon that will be created by the relocation of interstate route 195,

which is sometimes collectively referred to as the "I-195 Surplus Land", which land is identified in

the "Rhode Island Interstate 195 Relocation Surplus Land: Redevelopment and Market Analysis"

prepared by CKS Architecture & Urban Design dated 2009, and such term means those certain

tracts or parcels of land situated in the city of Providence, county of Providence, Sstate of Rhode

Island, delineated on that certain plan of land captioned "Improvements to Interstate Route 195,

Providence, Rhode Island, Proposed Development Parcel Plans 1 through 10, Scale: 1"

controller is authorized to offset any currently recorded outstanding liability on the part of

developmental disability organizations (DDOs) to repay previously authorized startup capital

advances against the proceeds from the sale of group homes within a fiscal year prior to any sale

proceeds being deposited into the information technology investment fund.

SECTION 13. Section 42-11-2.5 of the General Laws in Chapter 42-11 entitled

"Department of Administration" is hereby amended to read as follows:

42-11-2.5. Information technology investment fund.

(a) All sums from the sale of any land and the buildings and improvements thereon, and

other real property, title to which is vested in the state except as provided in subsection §§37-7-

15(b) and 37-7-15(c), shall be transferred to an Iinformation Ttechnology Iinvestment Ffund

restricted-receipt account that is hereby established. This fund shall consist of such sums from the

sale of any land and the buildings and improvements thereon, and other real property, title to which

is vested in the state except as provided in subsection §§37-7-15(b) and 37-7-15(c), as well as a

share of E-911 Uniform Emergency Telephone System surcharge revenues collected under the

provisions of § 39-21.1-14. This fund may also consist of such sums as the state may from time to

time appropriate, as well as money received from the disposal of information technology

equipment, loan, interest, and service charge payments from benefiting state agencies, as well as

interest earnings, money received from the federal government, gifts, bequest, donations, or to

otherwise from any public or private source. Any such funds shall be exempt from the indirect cost

recovery provisions of § 35-4-27.

(b) This fund shall be used for the purpose of acquiring information technology

improvements, including, but not limited to,: hardware, software, consulting services, and ongoing

maintenance and upgrade contracts for state departments and agencies.

and service of the Rhode Island department of administration shall adopt rules and regulations

consistent with the purposes of this chapter and chapter 35 of title 42, in order to provide for the

orderly and equitable disbursement of funds from this account.

SECTION 14. Section 5-65-9 of the General Laws in Chapter 5-65 entitled "Contractors'

Registration and Licensing Board" is hereby amended to read as follows:

5-65-9. Registration fee.

(a) Each applicant shall pay to the board:

(1) For original registration or renewal of registration, a fee of two hundred dollars ($200).

(2) A fee for all changes in the registration, as prescribed by the board, other than those

due to clerical errors.

(b) All fees and fines collected by the board shall be deposited as general revenues to

support the activities set forth in this chapter until June 30, 2008. Beginning July 1, 2008, all fees

and fines collected by the board shall be deposited into a restricted receipt account for the exclusive

use of supporting programs established by this chapter.

the speaker of the house, and the president of the senate, with copies to the chairpersons of the

house and senate finance committees, detailing:

(1) The total number of fines issued, broken down by category, including the number of

fines issued for a first violation and the number of fines issued for a subsequent violation;

(2) The total dollar of amount of fines levied;

(3) The total amount of fees, fines, and penalties collected and deposited for the most

recently completed fiscal year; and

(4) The account balance as of the date of the report.

(c)(d) Each year, the executive director shall prepare a proposed budget to support the

programs approved by the board. The proposed budget shall be submitted to the board for its

review. A final budget request shall be submitted to the legislature as part of the capital projects

and property management annual request.

(d)(e) New or renewal registrations may be filed online or with a third-party approved by

the board, with the additional cost incurred to be borne by the registrant.

SECTION 15. Sections 1 through 10 of the article shall take effect upon passage. The

remainder of the Sections in the article shall take effect on July 1, 2017.