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ARTICLE 2 AS AMENDED |
RELATING TO STATE FUNDS
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SECTION 1. Section 16-59-9 of the General Laws in Chapter 16-59 entitled “Board of |
Governors for Higher Education [See Title 16 Chapter 97 – The Rhode Island Board of Education |
Act]” is hereby amended to read as follows: |
16-59-9. Educational budget and appropriations. |
(a) The general assembly shall annually appropriate any sums it deems necessary for |
support and maintenance of higher education in the state and the state controller is authorized and |
directed to draw his or her orders upon the general treasurer for the payment of the appropriations |
or so much of the sums that are necessary for the purposes appropriated, upon the receipt by him |
or her of proper vouchers as the council on postsecondary education may by rule provide. The |
council shall receive, review, and adjust the budget for the office of postsecondary commissioner |
and present the budget as part of the budget for higher education under the requirements of § 35-3- |
4. |
(b) The office of postsecondary commissioner and the institutions of public higher |
education shall establish working capital accounts. |
(c) Any tuition or fee increase schedules in effect for the institutions of public higher |
education shall be received by the council on postsecondary education for allocation for the fiscal |
year for which state appropriations are made to the council by the general assembly; provided that |
no further increases may be made by the board of education or the council on postsecondary |
education for the year for which appropriations are made. Except that these provisions shall not |
apply to the revenues of housing, dining, and other auxiliary facilities at the university of Rhode |
Island, Rhode Island college, and the community colleges including student fees as described in |
P.L. 1962, ch. 257 pledged to secure indebtedness issued at any time pursuant to P.L. 1962, ch. 257 |
as amended. |
(d) All housing, dining, and other auxiliary facilities at all public institutions of higher |
learning shall be self-supporting and no funds shall be appropriated by the general assembly to pay |
operating expenses, including principal and interest on debt services, and overhead expenses for |
the facilities, with the exception of the mandatory fees covered by the Rhode Island promise |
scholarship program as established by § 16-107-3. Any debt-service costs on general obligation |
bonds presented to the voters in November 2000 and November 2004 or appropriated funds from |
the Rhode Island capital plan for the housing auxiliaries at the university of Rhode Island and |
Rhode Island college shall not be subject to this self-supporting requirement in order to provide |
funds for the building construction and rehabilitation program. The institutions of public higher |
education will establish policies and procedures that enhance the opportunity for auxiliary facilities |
to be self-supporting, including that all faculty provide timely and accurate copies of booklists for |
required textbooks to the public higher educational institution's bookstore. |
(e) The additional costs to achieve self-supporting status shall be by the implementation of |
a fee schedule of all housing, dining, and other auxiliary facilities, including but not limited to, |
operating expenses, principal, and interest on debt services, and overhead expenses. |
(f) The board of education is authorized to establish a restricted-receipt account for the |
Westerly Higher Education and Industry Centers established throughout the state (also known as |
the Westerly Job Skills Center or Westerly Higher Education Learning Center) and to collect lease |
payments from occupying companies, and fees from room and service rentals, to support the |
operation and maintenance of the facility facilities. All such revenues shall be deposited to the |
restricted-receipt account. |
SECTION 2. Section 35-3-15 of the General Laws in Chapter 35-3 entitled “State Budget” |
is hereby amended to read as follows: |
35-3-15. Unexpended and unencumbered balances of revenue appropriations. |
(a) All unexpended or unencumbered balances of general revenue appropriations, whether |
regular or special appropriations, at the end of any fiscal year, shall revert to the surplus account in |
the general fund, and may be reappropriated by the governor to the ensuing fiscal year and made |
immediately available for the same purposes as the former appropriations; provided, that the |
disposition of unexpended or unencumbered appropriations for the general assembly and legislative |
agencies shall be determined by the joint committee on legislative affairs, and written notification |
given thereof to the state controller within twenty (20) days after the end of the fiscal year; and |
furthermore that the disposition of unexpended or unencumbered appropriations for the judiciary, |
shall be determined by the state court administrator, and written notification given thereof to the |
state controller within twenty (20) days after the end of the fiscal year. |
(b) The governor shall submit a report of such reappropriations to the chairperson of the |
house finance committee and the chairperson of the senate finance committee of each |
reappropriation stating the general revenue appropriation, the unexpended or unencumbered |
balance, the amount reappropriated, and an explanation of the reappropriation and the reason for |
the reappropriation by August 15 20 of each year. |
SECTION 3. 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 |
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 |
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 |
School for the Deaf – School Breakfast and Lunch Program |
Davies Career and Technical School Local Education Aid Account |
Davies – National School Breakfast & Lunch Program |
School Construction Services |
Office of the Postsecondary Commissioner |
Westerly Higher Education and Industry Centers |
Department of Labor and Training |
Job Development Fund |
SECTION 4. Chapter 40-1 of the General Laws entitled "Department of Human Services" |
is hereby amended by adding thereto the following section: |
40-1-17. Receipt and use of funds. |
To carry out the purposes of this chapter, the department of human services, with the |
approval of the governor, shall have the authority to receive and expend monies from any other |
sources, public or private, including, but not limited to, legislative enactments, bond issues, gifts, |
devises, grants, bequests, or donations. The department of human services, with the approval of the |
governor, is authorized to enter into any contracts necessary to obtain and expend those funds. |
SECTION 5. Section 42-27-6 of the General Laws in Chapter 42-27 entitled “Atomic |
Energy Commission” is hereby amended to read as follows: |
42-27-6. Reactor usage charges. |
(a) Effective July 1, 2018, All fees collected by the atomic energy commission for use of |
the reactor facilities and related services shall be deposited as general revenues. in a restricted- |
receipt account to support the technical operation and maintenance of the agency’s equipment. |
(b) All revenues remaining in the restricted-receipt account, after expenditures authorized |
in subdivision subsection (a) of this section, above two hundred thousand dollars ($200,000) shall |
be paid into the state’s general fund. These payments shall be made annually on the last business |
day of the fiscal year. |
(c) A charge of up to forty percent (40%), adjusted annually as of July 1, shall be assessed |
against all university University of Rhode Island (URI)-sponsored research activity allocations. |
The charge shall be applied to the existing URI-sponsored research expenditures within the atomic |
energy commission. |
SECTION 6. This Article shall take effect upon passage. |